Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to all product sales made by the company DISCOUNTMYMOBILE LTD, operated under the brand name DiscountMyMobile, on the following websites:

https://discountmymobile.fr/
discountmymobile.com
discountmymobile.es
discountmymobile.com.br
discountmymobile.pt

In these General Terms and Conditions of Sale, the company DISCOUNTMYMOBILE LTD is hereinafter referred to as “DiscountMyMobile” or “DMM.”

The contract (hereinafter “the Contract”) consists of these General Terms and Conditions of Sale, which the Customer accepts without reservation upon creating an account. In the event of any contradiction or difficulty in interpreting the Agreement, these General Terms and Conditions shall prevail between the Parties over any subsequent clarifications relating to the same subject matter; in particular, any other information appearing on the Website may under no circumstances be interpreted as a deviation from these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to all orders placed between the customer and discountmymobile LTD through its websites:
www.discountmymobile.fr

1 - DEFINITIONS

"GENERAL TERMS AND CONDITIONS" refers to these General Terms and Conditions of Sale.

"ORDER" means any online order for a Product offered for sale by “discountmymobile” on the Website, in exchange for payment in cash by the Customer.

“CUSTOMER” means any individual or legal entity with the legal capacity to enter into contracts and who is duly registered on the Website (see “Creating an Account” below) for the purpose of purchasing or exchanging Products for purposes other than those related to their professional activity. Any order placed for business purposes will remain valid but must be treated as an exception and, as such, will be subject to the rules of commercial law.

"ACCOUNT CREATION" refers to the mandatory, preliminary registration of the Customer in order to benefit from the offers and services of “discountmymobile ” via its Websites, by which the Customer automatically agrees to be bound by these Terms and Conditions and consents to the processing of their personal data in accordance with the terms described in the General Terms and Conditions for the Processing of Personal Data posted on the Website and in accordance with applicable laws and regulations. In particular, the Customer must provide a valid email address.

"EFFECTIVE DATE" means the date on which these General Terms and Conditions of Sale become applicable between the Parties, regardless of whether a Sales Contract has actually been concluded between the Parties.

"PRODUCT PAGE" refers to the page on the Website that describes the essential characteristics of the Product offered for sale. "discountmymobile" reserves the right to modify or update Product Pages at any time and without notice.

"ORDER FORM" means the electronic order form completed online by the Customer on the Website in writing and in a clear manner at the time the Order is placed, and containing the information necessary to process the Order, including the Customer’s email address and delivery and billing addresses.

WITHDRAWAL FORM means the form made available to the Customer to enable him or her to exercise the right of withdrawal in accordance with the law and these Terms and Conditions (see Article 10), by notifying “discountmymobile” customer service via email within the statutory time limit, clearly and unequivocally stating their intention to cancel their Order. Detailed in the After-Sales Service section.

"BUSINESS DAY" means any day other than a Saturday, Sunday, or a public holiday or non-working day in Europe.

PRICE LIST means the price list for the Products in effect on the date the Order is placed, prepared and published by “discountmymobile” on the Website.

ORDER NUMBER means the order number issued by “discountmymobile” at the time the Order is placed.

PLACING AN ORDER refers to the placement of an Order by the Customer by completing, submitting, and sending online the Order Form published on the Website. “discountmymobile” will acknowledge receipt of the Order by email as soon as possible.

"PARTIES" collectively refers to "discountmymobile" and the Customer.

"PRODUCTS" refers to the Products—whether new, used, or "sold as new" (refurbished and reconditioned)—offered for sale by "discountmymobile" on the Website, in accordance with the Price List.

LUCKY STAR LTD refers to the company registered (registration number 2361120) in Hong Kong—194/204 Johnston Rd, Wanchai Commercial Ctr—which owns and operates the Website.

WEBSITES refers to the websites “ discountmymobile.com " and " discountmymobile.com ", owned and operated by https://discountmymobile.fr/ LTD, through which product sales offers are published and all product orders are processed by https://discountmymobile.fr/ LTD.

ORDER CONFIRMATION refers to the moment when the Customer definitively confirms the Order after carefully reviewing the acknowledgment of receipt and the summary of the Product Order, and making any necessary modifications or corrections prior to purchase, if applicable.

EXPRESS SHIPPING refers to a paid shipping option that is faster than the standard option and can be selected at the time of ordering.

ARTICLE 2 - PLACING AN ORDER

1- To place a valid Order, the Customer must be of legal age and legally competent.
2- The Customer must be registered on the Website before placing any order. Creating an account is required.
3- Any false or misleading statement will result in the declarant being held civilly liable to “discountmymobile,” at the Customer’s own risk.
4- The key features of the Products offered for sale by “discountmymobile” are listed in the Product Descriptions.
5- During the online Order Placement process and after submitting a duly completed Order Form, the Customer will see a summary of their Order displayed on the Website, confirming that it has been received by “discountmymobile ” and the Customer’s commitment to pay the agreed-upon price, for the Customer’s review prior to “discountmymobile”’s final confirmation of the Order’s fulfillment. After the Customer validates the Order—which constitutes final confirmation of their online purchase (“double-click”) without any further formalities— the Customer will receive via email an acknowledgment of receipt of their firm and final Order, an invoice corresponding to the cost of the purchased Product, and an Order confirmation document including, in particular, the Product’s essential characteristics, its price, delivery charges and delivery times, and the withdrawal period, in a format suitable for retention.

ARTICLE 3 - FORMATION OF THE SALES CONTRACT

1- The Customer must place an Order by creating an Account, if he or she does not already have one, and by filling out the Order Form. On this Form, the Customer must select the Product he or she wishes to purchase and the payment method.
2- The Customer must carefully review, at his or her own responsibility, the summary of the Product Order referred to in Article 2 of these General Terms and Conditions in order to modify or correct it, if necessary, before confirming the Order, which constitutes a definitive commitment to pay the price.
3- The Contract is deemed to have been formed once the Order has been confirmed by the Customer (Order Confirmation) in accordance with the foregoing provisions.
4- “discountmymobile” confirms the Order by automatically sending a confirmation email generated by the website and sent to the email address provided by the Customer when creating an account and listed in the Order Form.

ARTICLE 4 - PRICE

1- By confirming their order for a Product online with “discountmymobile,” the Customer agrees to pay in full the current price of the Product as set forth in the Price List on the Website, plus shipping costs, upon the formation of the Contract in accordance with Article 3 of these General Terms and Conditions and in accordance with the terms set forth in Article 6.
2- Ownership of the Product is transferred upon full payment of the price by the Customer, including shipping costs, in accordance with the terms set forth in Article 6 of these General Terms and Conditions.
3- The prices of the Products listed on the Website are shown in euros.
4- The applicable reference price at the time of the Order is the price listed on the Website at the time the Order is placed.
5- The price listed on the Website includes shipping costs. An express shipping option is offered separately as part of the Order Placement process described in Articles 2 and 3 above of these Terms and Conditions. The total price, including shipping costs, is displayed at the end of the Order Placement process. It is final and non-negotiable.
6- Despite our best efforts, a small number of the Products available on the Website may display an undetected pricing error. “discountmymobile” customer service will verify the accuracy of the price when processing the Order Form and before any payment is made. If it turns out that the price listed on the Website is incorrect, and the actual price is higher than the price displayed on the Website, customer service will contact the Customer by email to offer the option to complete the transaction at the Product’s actual price, which the Customer will then confirm via the Website or by email. If the Customer prefers to cancel their Order in such a case, the cancellation will be processed at their express request and without any charge to their credit card. If the actual price turns out to be lower than the displayed price, “discountmymobile” will bill the Customer for this reduced price and ship the Product as sold without any further changes to the Order.

ARTICLE 5 - PAYMENT TERMS AND CONDITIONS

1- All payments are due in full upon placement of the Order. The amount paid to “discountmymobile” shall not be considered a deposit.
2- Payment is made via PayPal or by credit card through the PayPal online payment platform. The accepted payment methods (such as Visa, MasterCard, and American Express credit cards) are listed on the Website. The credit card must be valid for at least one month beyond the date the Order is placed. We also accept payments via Bitcoin wallet.
3- Bank information for payment is entered on a secure server, ensuring the security and confidentiality of the information provided by the Customer during the banking transaction. No bank login information is shared with “discountmymobile.”
4- To prevent fraud, “discountmymobile” reserves the right, prior to accepting the formation of the Contract and/or online payment, to request that the Customer provide supporting documents regarding their personal and/or banking identification and/or proof of address, in addition to the chosen payment method. In this case, “discountmymobile” will not process the Order until the requested supporting documents have been received, which will accordingly delay the estimated delivery times, without any liability on the part of “discountmymobile.” “discountmymobile” reserves the right to permanently cancel any Order in the event of insufficient funds or failure to receive the requested supporting documents within fifteen (15) days, or upon receipt of documents deemed non-compliant. In such a case, the Contract shall be automatically terminated, without further formalities and without compensation owed by either party. The Customer will, however, be notified by “discountmymobile” via email of such Order cancellation.
5- Once the Customer has paid the full purchase price, including shipping costs, “discountmymobile” agrees to deliver the ordered Products within the specified time frame.
6- Upon confirmation of receipt of the Order, the Customer will receive an email summary of the Order stating the price of the Product, including shipping costs. The actual invoice for the Product, corresponding to the price paid, will be sent to the Customer upon such confirmation, in accordance with the terms set forth in Article 7 below of these General Terms and Conditions.

ARTICLE 5 - PAYMENT TERMS AND CONDITIONS

ARTICLE 6 - BILLING TERMS

"discountmymobile" will send the digital invoice for the Product Price to the Customer via email to the email address provided by the Customer when confirming the Order, in accordance with Article 2 (“Placing an Order”).

ARTICLE 7 - DELIVERY AND ACCEPTANCE OF THE PRODUCT AND TRANSFER OF RISK

1- After the Customer has confirmed the Order and paid the full amount due for the Order in accordance with the terms set forth in Article 6 of the General Terms and Conditions, “discountmymobile” will send the Customer a package containing the ordered Product.
2- Delivery is made by a carrier selected by “discountmymobile,” either by handing the package directly to the Customer or by notifying the Customer that the package is ready for pickup, in which case the Customer is responsible for picking it up at the designated pickup location.
3- “discountmymobile” agrees to ship the Product to the Customer within a maximum of twenty-two (22) business days from the date “discountmymobile” receives full payment for the Product from the Customer, including shipping costs.
4- In the event of a potential delay in delivery, “discountmymobile” will notify the Customer by email of any change to the delivery date specified at the time the Order was placed and will propose a new delivery date.
5- In the event that the Product cannot be delivered to the Customer within the specified twenty-two (22) day period, for any reason whatsoever, except in cases of force majeure or a transportation strike, “discountmymobile” will offer the Customer the option to cancel the Order and receive a full refund of the Order within a maximum of thirty (30) days. No compensation or damages other than the full refund of the Order shall be owed by “discountmymobile.” If the Customer does not cancel the Order in writing within seventy-two (72) hours of “discountmymobile” sending the notification of the delivery delay, the delivery of the ordered Product will proceed as scheduled. Any refund and return of the delayed Product will then be possible only under the conditions and in accordance with the procedures set forth below in these General Terms and Conditions.
6- If the delivered Product is destroyed, damaged, defective, or non-compliant due solely to the fault of “discountmymobile” or the carrier, it may be returned to “discountmymobile” at no cost to the Customer. In such cases, “discountmymobile” shall not be liable for any damages or compensation other than a full refund of the Order.
7- All deliveries made by “discountmymobile” will be made exclusively to European countries, the U.S., and Canada.
8- Any delivery made by “discountmymobile” will be sent to the billing address provided by the Customer in the online Order Form, unless a different delivery address is specified in said Form.
9- The Product will be delivered exclusively by a carrier selected by “discountmymobile,” under its responsibility.
10. The Customer is responsible for the express shipping costs for the Product. These costs are displayed at the end of the Order Placement process and, in any case, before the Order is Confirmed.
11- The ordered Product is deemed to have been delivered by “discountmymobile” when the carrier has handed it over directly to the Customer (in person or by placing it in the mailbox) or when the carrier has notified the Customer and the Product has been entrusted to a third party designated by the carrier, who is responsible for holding the package for the Customer during the period indicated on the notice. The proof of delivery or the deposit notice serves as evidence of the delivery date and the transfer of risk to the Customer.
12- The Customer agrees to inspect the condition of the package upon receipt of the delivery and to report any issues—such as an incomplete order, damage to the package, or an apparent defect in the Product—to the carrier and to “discountmymobile” customer service (which can be reached by email). The Customer is advised to either refuse delivery of the Product in the event of an apparent anomaly and state the reason in writing to the carrier, or to accept delivery while making written reservations. Any damage, total or partial destruction, obvious non-conformity, or apparent defect in the Product that is not immediately reported to the carrier upon delivery of the Product shall not give rise to any subsequent claim by the Customer.
13- In any event, and after delivery, the Customer agrees to verify the condition, compliance with the Order, and proper functioning of the delivered Product within a maximum of forty-eight (48) hours from the day the Product is delivered by the carrier in order to determine whether it complies with the Order. In the event that the Product does not conform to the confirmed Order, the Customer is asked to contact “discountmymobile” customer service (reachable by email) within the same timeframe, in accordance with the terms and deadlines set forth in Article 11 of these General Terms and Conditions. “discountmymobile” will send an automatic acknowledgment of receipt of the complaint via email to the Customer’s address provided on the Order Form. Any return of the non-compliant Product will be handled as described below in Article 10 (“Returns”).
14. Unless otherwise specified in a special written agreement, “discountmymobile” reserves the right to freely choose the carrier.
15- The Customer can track their Order on the Website by logging into their personal account or by contacting “discountmymobile” customer service via email.

ARTICLE 8 - WARRANTIES

8.1. "MANUFACTURER'S" WARRANTY ON NEW PRODUCTS

For new Products, the Customer is covered by a specific warranty known as the “manufacturer’s warranty.” This warranty takes effect on the day the order is delivered by the carrier.

8.2. discountmymobile's WARRANTY OF CONFORMITY (ALL PRODUCTS)

For new Products, “discountmymobile’s” statutory warranty of conformity is limited to one (1) year for smartphones and accessories, and to six (6) months for screens and replacement parts. For used Products or those resold as new, the statutory warranty of conformity is expressly reduced to six (6) months. The aforementioned periods begin on the date of delivery of the Products in question.

8.3. LEGAL WARRANTY AGAINST HIDDEN DEFECTS (ALL PRODUCTS)

In accordance with the provisions of Article L.211-4 et seq. of the Consumer Code and Article 1641 of the Civil Code, “discountmymobile” undertakes to refund the Customer or exchange any Products purchased on the Website that are found, after delivery and following the expiration of the period for verifying conformity upon receipt of the Product specified in Article 2 regarding apparent defects or non-conformities as provided for in the General Terms and Conditions, to be defective, impaired, or damaged in a way that substantially prevents the Customer from using the Product, provided that such a latent defect has been reported to “discountmymobile” by the Customer via email within the statutory time limits, which begin on the day the Customer became aware of, or should have become aware of, such a latent defect. Only hidden defects as defined by applicable law and case law—that is, defects that could not normally have been detected by the Customer at the time of delivery and inspection of the Product—may be treated as hidden defects and give rise to a claim by the Customer on that basis.

The Customer agrees to provide “discountmymobile” with a detailed written notice of the claim, specifying, first, the nature of the hidden defect and, if known, its apparent cause, and second, whether they choose to exchange the defective Product for another similar Product or to receive a full refund for the Product, including shipping costs. The Customer shall not be entitled to any other compensation or remedy, unless it can be demonstrated that this defect caused damage that would not be compensated by the refund, provided that “discountmymobile” can be held liable for such damage in accordance with Article 14 of these General Terms and Conditions.

In order to exercise this warranty, the Customer agrees to return the Product in accordance with the terms set forth below in Section 10 (“Returns”) of these General Terms and Conditions. The return of the Product is at the Customer’s expense and risk. However, shipping costs will be reimbursed to the Customer based on the invoiced rate, and return shipping costs will be reimbursed upon presentation of supporting documentation.

In the event that the defect reported by the Customer is found not to constitute a hidden defect or is not attributable to “discountmymobile” or the Product’s manufacturer, the Product will be returned to the Customer at the Customer’s address, expense, and risk, with no compensation provided; in this case, the Customer shall bear the full cost of return shipping and reshipment.

The statutory warranties to which the Customer is automatically entitled are set forth in Appendix 1 to these General Terms and Conditions, to which these General Terms and Conditions refer in their entirety, unless otherwise expressly provided for in these General Terms and Conditions.

8.4. discountmymobile'S CONTRACTUAL WARRANTY (USED PRODUCTS OR PRODUCTS SOLD "AS NEW")

In addition to the contractual and statutory warranties mentioned above and/or in Appendix I to these General Terms and Conditions, the Products supplied by “discountmymobile” to the Customer—with the express exception of new Products resold by “discountmymobile” ” (which are covered by the “manufacturer’s” warranty referred to in Section 9.2), are warranted for a contractual period of six (6) months under normal use of the Product. However, the warranty shall not apply in the event of, among other things, breakage, oxidation, or damage caused, for example, by prolonged exposure to moisture or excessive heat, or in the event of use not in accordance with the Product’s intended purpose or the instructions set forth in the Product’s user manual, improper handling of the Product, and, more generally, any alteration attributable to the Customer affecting the Product’s appearance, condition, or proper functioning that is likely to diminish its value or render it unsuitable for resale. This post-delivery contractual warranty shall not be construed as a warranty against Product breakage. Only malfunctions, failures, or defects not attributable to the Customer’s use shall be covered by this warranty.

This warranty is limited to the repair or standard replacement of the Product and its return shipping at the expense of “discountmymobile,” provided that the Customer has requested its application via email to our customer service department, received within the aforementioned time frame, and that the Customer has returned the Product within that same timeframe, in accordance with the terms and conditions and taking into account all restrictions set forth in Article 10, which constitute grounds for “discountmymobile” to deny coverage under the warranty.

Gift Cards are subject to the warranties and limitations of warranties set forth above in the Terms and Conditions. No other warranty of any kind is provided by “discountmymobile” under these Terms and Conditions.

ARTICLE 9 - RETURNS - RIGHT OF WITHDRAWAL

1- The Customer has a maximum of fourteen (14) calendar days from receipt of the Product to exercise their right of withdrawal. Notice of withdrawal must be sent to “discountmymobile” via email to customer service. To exercise this statutory right, the Customer is not required to provide a reason or pay any penalty or additional fees, subject to the payment of return shipping costs, which are the Customer’s responsibility in accordance with the law. For Orders placed by the Customer on or after January 1, 2017, the withdrawal period will be extended to thirty (30) calendar days from the delivery of the Product, in accordance with the Terms and Conditions.
2- In the case of a single Order for multiple Products delivered separately, the period begins on the date of delivery of the last Product, in accordance with the General Terms and Conditions. In the case of multiple Orders placed by the same Customer, the period begins on the date of each Product delivery.
3- Exercising the right of withdrawal in accordance with the terms described above entitles the Customer to a refund of the Order amount. Accordingly, “discountmymobile” will refund the Customer the price of the purchased Product and the initial shipping costs. However, the cost of returning the Product remains entirely the responsibility of the Customer. Any request for a refund under the right of withdrawal will only be considered if the right of withdrawal is exercised within the time limit and in the manner specified in sections 10.1 and 10.4 of this article, and provided that the (return) of the Product in question to “discountmymobile” has been made by the Customer within that same timeframe.
4- To exercise the right of withdrawal, the Customer must first log in to their account and submit a withdrawal request via email to “discountmymobile” customer service within the timeframe and in the manner specified above at 10.1.
5- Products must be returned to the address that customer service will provide to the customer based on the customer’s location and country of residence.
6- The Customer agrees to return the Product in its original packaging. The package must include the Product and all Accessories and instructions that were delivered with the Product. The Customer must also ensure that the warranty tags are included in the shipment, that the Order Number is clearly indicated, and that a copy of the purchase invoice is enclosed.
7- “discountmymobile” reserves the right not to accept returns, exchange, or refund any Product that is incomplete (in particular as defined in Section 10.6), damaged, and/or for which the original packaging and/or components or Accessories have been lost or damaged.
8. The return of the Product is at the Customer's expense and risk.
9- Notwithstanding the foregoing, business customers who are not considered consumers under French law do not have this right of withdrawal.

ARTICLE 10 - CONFORMITY OF PRODUCTS OR DELIVERY - SPARE PARTS

1- The Customer agrees to notify “discountmymobile” upon receipt, or at the latest within the time limits set forth in Article 8 of these General Terms and Conditions regarding the delivery and receipt of the Product, of any Product delivered that is incomplete, defective, impaired, damaged, does not conform to the Order, or any package that does not contain the expected number of Products and Accessories, or any error or discrepancy regarding the nature or characteristics of the delivered Product as specified in the Product Description and the Order Form as accepted by “discountmymobile,” and to notify “discountmymobile” customer service via email within a maximum of forty-eight (48) hours from the Customer’s receipt of the Product. Failure to provide such notification in this manner and within this timeframe will result in the Customer forfeiting any right to make a claim regarding the Product’s conformity, except, where applicable, under the conditions provided for by applicable law and case law, and in any event within the maximum timeframes set forth above in Article 9-3, without prejudice to the warranty against hidden defects in the Product or the contractual warranty provided for in Article 9, where applicable.

In the event of a claim for non-conformity as described in this article, the Customer agrees to return the Product to “discountmymobile” in accordance with the terms and conditions set forth in Articles 8 and 10 of these General Terms and Conditions. In any event, under the statutory warranty of conformity and after the Customer has reported the issue in accordance with the aforementioned conditions, “discountmymobile” will remedy the defect, either by repairing or replacing the defective Product, or, if this proves impossible or disproportionate, by reducing the price of the Product accordingly. In the event of the Product’s return and refund, “discountmymobile” may, where applicable, take into account any use the Customer may have made of the Product since the date of delivery.

2- Spare parts for new or used Products sold as new by “discountmymobile” are available directly from the manufacturers for the period specified in the “product description” corresponding to the date the sales contract was formed, pursuant to Article 3 of these General Terms and Conditions of Sale.

ARTICLE 11 - CANCELLATION OF THE ORDER BY discountmymobile

“discountmymobile” reserves the right to cancel any Order that is incorrect or does not meet the conditions set forth in the Terms and Conditions, particularly if:

The Customer did not create an account in accordance with the requirements prior to placing the order ;
the Customer is found to be insolvent (failure to make payment within fifteen (15) days of the Order Placement) ;
the Customer provided incorrect or incomplete information on the Order Form ;
The Customer has a dispute with “discountmymobile” regarding payment for a previous Order or concerning a purchase in accordance with the General Terms and Conditions of Purchase.
the Customer provided incorrect or incomplete information on the Order Form ;
The Product is not available after the Order is placed. In this case, “discountmymobile” will notify the Customer by email and cancel the Order, and in principle, no charge will be made; however, if a charge is made in error despite the absence of a delivery, it will result in a full refund.

ARTICLE 12 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISK

The Product delivered and invoiced to the Customer remains the property of “discountmymobile” until the Customer has paid the full price, including shipping costs.
Title to the Product passes to the Customer as of the time it is deemed delivered, as set forth in Article 8 of these General Terms and Conditions.

ARTICLE 13 - LIABILITY - WARRANTY LIMITATIONS AND EXCLUSIONS

Subject to mandatory legal provisions, “discountmymobile”’s liability is strictly limited to the obligations set forth in these terms and conditions or, where applicable, to the express terms and conditions, and may only be held liable in the event of a proven breach of its essential obligations or a defect or nonconformity in a Product sold through the Website.

Furthermore, the statutory and contractual warranties set forth in these General Terms and Conditions exclude damages resulting from improper or inadequate use of the Products sold, damages resulting from a failure to care for or maintain the Products in accordance with the instructions and technical specifications, damages caused by external factors, damage resulting from non-compliant or inappropriate use of the Products, and damage resulting from work performed on a Product by a repair technician not authorized by “discountmymobile” or, in the case of new Products, by the manufacturer. “discountmymobile” shall in no event be held liable for any loss or corruption of data or programs stored on the Products or on any media or accessories of any kind belonging to Customers. Any unauthorized modification or mechanical, electronic, electrical, or other alteration made to the Products or their connection devices by the Customer or any third party likewise voids the warranty and excludes “discountmymobile” from liability.

As part of the warranty coverage, “discountmymobile” agrees only to replace the Product (standard exchange) in the event of a defect that renders it completely or substantially unusable, or to replace the defective part(s).

With regard to new Products, in the event of bankruptcy, negligence, failure to act, or the manufacturer’s inability to supply or repair the product, the Customer may not hold “discountmymobile” liable, as “discountmymobile” shall assume no liability under warranty for defects in this manufacturer’s products, subject to mandatory legal provisions and the warranties set forth in these General Terms and Conditions of Sale.

"discountmymobile" shall also not be held liable for minor errors in the Product Descriptions or in the Product images displayed on the Website, as “discountmymobile” guarantees only that the Product sold conforms to the essential characteristics listed in the Product Description.

In any event, “discountmymobile’s” liability under the Contract is limited to compensation for direct and proven damages suffered by the Customer, excluding any indirect and/or consequential damages such as loss of business, loss of opportunity, damage to reputation, loss of a contract, data loss, etc., and is capped at the purchase price of the Product on the date the Order was placed, to the exclusion of any other remedy, except in cases provided for by French law and case law where such a limitation on liability is, by way of exception, inapplicable.

ARTICLE 14 - ACCEPTANCE OF THE TERMS AND CONDITIONS

Placing an Order by the Customer implies and constitutes automatic and unconditional acceptance of these General Terms and Conditions of Sale.

ARTICLE 15 - CUSTOMER SERVICE

The Customer must log in to their Account and contact customer service to track the Order, complete the formalities required to exercise the right of withdrawal, or file a complaint with “discountmymobile” in accordance with the terms set forth in these Terms and Conditions. When contacting customer service, the Customer must provide the Order Number and the reason for their request or complaint. These requests or complaints will be processed within a reasonable timeframe.

The Customer may also contact customer service by email at the following address: contact@discountmymobile.com

ARTICLE 16 - MISCELLANEOUS

Notices must be sent to the other Party in writing, that is, by email with a read receipt, in the cases provided for in these General Terms and Conditions or as required by law.

The headings in these General Terms and Conditions are for reference purposes only, and their wording shall not affect the interpretation of the provisions to which they refer.

The fact that “discountmymobile” does not insist on the strict enforcement of any provision of these Terms and Conditions shall in no way be construed as a waiver of its right to enforce such provision in the future.

These General Terms and Conditions of Sale form an integral part of the formation of a Sales Contract, which implies the Customer’s acceptance of these General Terms and Conditions, which apply automatically and exclusively to the relationship between “discountmymobile” and the Customer for any transaction covered by their scope. These General Terms and Conditions exclude the application of any other document, correspondence, or written or oral communications from the Parties, regardless of the manner or date of such communication.

The data recorded by “discountmymobile” on the Website shall constitute proof of all transactions between the Parties, unless otherwise expressly agreed upon.

“discountmymobile” reserves the right to modify or update these General Terms and Conditions of Sale at any time and without prior notice. However, such updates will be accompanied by a notification or a prominent notice on the Website directed at “discountmymobile” Customers. In the event of any changes, the General Terms and Conditions applicable to the contractual relationship between the Parties shall be those in effect as of the date and time the Customer placed the Order.

The language of the General Terms and Conditions of Sale and the Contract is exclusively French, to the exclusion of any other language.

ARTICLE 17 - GOVERNING LAW AND DISPUTES

These General Terms and Conditions are governed exclusively by French law, with the express exclusion of the 1980 Vienna Convention on the International Sale of Goods.

In the event of any dispute of any kind between the Parties or any claim raised by either Party regarding, in particular, the performance, formation, or interpretation of these General Terms and Conditions, the Contract, and their respective obligations, the Parties agree to negotiate with each other in good faith prior to any legal proceedings, with a view to attempting to reach an amicable settlement within a minimum period of thirty (30) days from the date of receipt of the notice sent by the Party taking the initiative via certified mail with return receipt requested to the other Party.

In the event of a dispute between “discountmymobile” and a Customer that, exceptionally, has an international dimension, the French courts shall have exclusive jurisdiction, including in cases involving multiple defendants, third-party claims, or proceedings by way of petition.

For Customers classified as merchants, the Commercial Court of Paris shall have exclusive jurisdiction in the event of a dispute.

APPENDIX I

PROVISIONS OF LAW APPLICABLE TO CUSTOMERS WHO LEGALLY QUALIFY AS CONSUMERS

Article L211-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, provided that the installation was the seller’s responsibility under the contract or was performed under the seller’s supervision.

Article L. 211-5 of the Consumer Code: To be in conformity with the contract, the goods must:
(1) Be fit for the use normally expected of a similar item and, where applicable:
- correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- possess the qualities that a buyer can reasonably expect based on public statements made by the seller, the manufacturer, or their representative, particularly in advertising or on labeling ;
(2) Or possess the characteristics mutually agreed upon by the parties, or be suitable for any special purpose sought by the buyer, which the buyer has brought to the seller’s attention and which the seller has accepted.

Article 1641 of the Civil Code. The seller is liable under the warranty for latent defects in the item sold that render it unfit for its intended use, or that so impair such use that the buyer would not have purchased it, or would have paid only a lower price for it, had they been aware of them.

Article 1648, paragraph 1, of the Civil Code. A claim arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.