Terms of Sales

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by MobileParts (“intermediary between the seller and the buyer”) to consumers and non-professional buyers (“The Customers or the Customer"), wishing to acquire the products offered for sale through the intermediary ("The Products") on the mobileparts.fr Website (" website ").

They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.

These General Conditions of Sale may be supplemented by special conditions, set out on the Website, before any transaction with the Customer.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed.

Modifications to these General Conditions of Sale are binding on users of the Website from the time they are put online and cannot apply to transactions previously concluded.

Article 2 - Seller's contact details.

The Seller's contact details are as follows:

contact@mobileparts.fr

Article 3 - Validity period of the Product offer.

Product offers are within the limits of available stocks, as specified when placing the order.

Article 4 - Products offered for sale.

The Products offered for sale on the Website are as follows: spare parts for smartphones, tablets and connected watches, accessories and repair tools .

The dispatch of the order and the delivery of the Products ordered are conditional on the actual payment of the Customer.

Payment is made, by secure payment method, according to the following methods:

• by bank cards: Visa, MasterCard, American Express, Apple Pay, Maestro Card and PayPal.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the restitution of the corresponding sums.

Payment data is exchanged in encrypted mode using the Mollie protocol.

Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.

No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.

Article 6 - Prices.

The Products are supplied at the prices in effect appearing on the Website when the order is registered by the Seller.

• The prices are printed in euros .
• The seller falls under the so-called “Basic Franchise” regime. »
• Prices are net of VAT (VAT not applicable according to article 293 B of the General Tax Code).

The prices take into account any reductions that may be granted by the Seller on the Website.

These prices are firm and cannot be revised during their period of validity, as indicated on the Website, the intermediary reserving the right, outside this period of validity, to modify the prices at any time.

They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Website and calculated before placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely their responsibility.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

Article 7 - Orders.

7.1 - Placing the order.

It is up to the Customer to select the Products he wishes to order on the Website, according to the following methods:

Article 8 - Deliveries.

8.1 - Deadlines.

The Products ordered by the Customer will be delivered in mainland France, Europe (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden) and Switzerland within 5 to 10 business days from confirmation of the order with effective payment on the Website.

• Free delivery in Europe and Switzerland.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or unavailability of one or more Products, the products ordered will be delivered in one go. If you have ordered multiple items, they may arrive in separate packages.

If the Products ordered have not been delivered within 3 days after the order date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or reimburse the Customer, as indicated in the article - “Seller's Responsibility - Guarantee”.

8.2 - Transportation.

The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier as soon as he has delivered the Products sold to the carrier who accepted them without reservation.

The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.

The Customer is required to check the condition of the delivered products. He has a period of 2 days from delivery to formulate by email, complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all the relevant supporting documents ( photos in particular).

After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

Article 9 - Transfer of ownership - Transfer of risks.

The transfer of ownership of the Seller's Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.

Article 10 - Right of withdrawal.

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 10 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made with tracking in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on the Website (below), in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to retract.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remaining the responsibility of the Customer.

The refund will be made within 14 days from notification to the Seller of the withdrawal decision.

Article 11 - Responsibility of the seller - Guarantee.

MobileParts carries the legal guarantees of conformity as well as the guarantee of hidden defects.

The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

• the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
• under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
• Please note that as part of the legal guarantee of conformity, the Customer benefits from a period of two years from delivery of the goods to take action against the Seller.
• The Customer can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code.
• The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
• The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the Product.
• The Customer may decide to implement the guarantee against hidden defects in the Products in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
• In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 days from the discovery of the hidden defects without this period being able to exceed the limitation period. five-year period of contractual liability.
• The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
• Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
• Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.
• Reimbursement will be made by credit to the Customer's bank account.

The Seller cannot be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify.
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
• The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Article 12 - Protection of personal data.

• In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is reminded, in accordance with the confidentiality policy of the Site, that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Website meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.

This right can be exercised under the conditions and according to the terms defined on the Website via its confidentiality notice.

Article 13 - Intellectual property.

In accordance with the seller's T&Cs, the content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 14 - Unpredictability.

In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contractor.

Article 15 - Force majeure.

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

Article 16 - Applicable law - Language.

The present Terms of Sales and the resulting operations are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

Article 17 - Disputes.

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. conso. art. L 612-1) or with existing sectoral mediation bodies , and whose references appear on the Website or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

The customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data processing and freedom law of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Liberties.

Article 18 - Pre-contractual information - Customer acceptance.

The fact for a natural (or legal) person to order on the Website implies full and complete adherence and acceptance of these presents. Terms of Sales and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

Appendix I - Withdrawal form.

• This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.mobileparts.fr unless there are exclusions or limits to the exercise of the right of withdrawal following the Terms of Sales applicable.

Appendix II - Provisions relating to legal guarantees.

• Article L217-4 of the Consumer Code