Please note. These Terms and Conditions are an English translation of the original French document. In the event of any discrepancy or inconsistency between the English and the French version, the French version shall prevail.
applicable as from 01/01/2017
The customer may register on the Bloctel telephone canvassing opposition list. To do so, go to the website www.bloctel.gouv.fr
ARTICLE 1. LEGAL NOTICE
1.1. Publisher
You are currently connected to the website www.phonedroid.net, published by Mr Nicolas Van Branteghem, trading under the name “PhoneDroid”, SARL (French limited liability company), RCS de Lille (Lille Trade and Companies Register): 840 935 449, registered office: 5 Avenue Henri Poincaré, 59910 Bondues, France, email: [email protected], intra-Community VAT number: FR 95 840935449, publication director and editorial manager: Nicolas VAN BRANTEGHEM.
1.2. Host
The Site is hosted by PHP Net, registered office: 97-97 bis rue du Général Mangin, 38100 Grenoble, telephone: +33482530210.
ARTICLE 2. DEFINITIONS
“ Device ”: smartphones, tablets and/or accessories sent by the Customer so that they may be the subject of a Service.
“ Customer ”: any person, natural or legal, governed by private law or by public law, registered on the Site.
“ Site Contents ”: items of any nature published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ PhoneDroid.net ”: PhoneDroid EIRL (French sole trader with limited liability) in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, governed by private law or by public law, connecting to the Site.
“ Service ”: service performed by PhoneDroid.net for the benefit of a Customer and consisting in particular in the repair of smartphones, tablets and/or accessories.
“ Product ”: goods sold by PhoneDroid.net on the Site and consisting in particular in smartphones, tablets and accessories, new or second-hand.
“ Site ”: website accessible at the URL www.PhoneDroid.net, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and free of charge accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general terms and conditions. Mere connection to the Site, by any means whatsoever, in particular via a robot or a browser, shall entail full and complete acceptance of these general terms and conditions.
When registering on the Site, this acceptance shall be confirmed by ticking the box corresponding to the following sentence: "I acknowledge that I have read and accepted the general terms and conditions of service and use". The User thereby acknowledges having taken full cognisance of them and accepting them without restriction.
These general terms and conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the User.
Acceptance of these general terms and conditions presupposes that the Users have the legal capacity necessary to do so, or failing that, that they have the authorisation of a guardian or a legal administrator if they are legally incapable, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products and Services to Customers.
ARTICLE 5. ORDERING PRODUCTS
5.1. Order
In order to place an order, Users may select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they may access their basket by clicking on the button provided for that purpose.
5.2. Validation of the order by the User
By consulting their basket, Users will have the option of checking the number as well as the nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility of removing one or more Products from their basket.
If their order is satisfactory to them, Users may validate it. They will then access a form on which they may either enter their login credentials if they already have them, or register on the Site by completing the registration form with the personal information concerning them.
5.3. Payment by the Customer
Once they are logged in or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for that purpose to the secure payment interface bearing the words "order with obligation to pay" or any similar wording.
5.4. Confirmation of the order by PhoneDroid.net
Once the payment has actually been received by PhoneDroid.net, the latter undertakes to acknowledge receipt thereof to the Customer by electronic means, within a maximum period of 24 heures. Within the same period, PhoneDroid.net undertakes to send the Customer an email summarising the order and confirming that it is being processed, setting out all the information relating thereto.
ARTICLE 6. ORDERING SERVICES
6.1. Order
In order to place an order, Internet Users may select one or more Services and add them to their basket. On that occasion, they must fill in the form provided for that purpose on the Site. Once their order is complete, they may access their basket by clicking on the button provided for that purpose.
6.2. Validation of the order by the Internet User
By consulting their basket, Internet Users will have the possibility of checking the number as well as the nature of the Services they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility of removing one or more Services from their basket.
If their order suits them, Internet Users may validate it. They will then access a form on which they may either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
6.3. Payment by the Customer
Once they are logged in or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for that purpose to the secure payment interface bearing the wording "order with obligation to pay" or any similar wording.
6.4. Confirmation of the order by PhoneDroid.net
Once the payment has actually been received by PhoneDroid.net, the latter undertakes to acknowledge receipt thereof to the Customer by electronic means, within a maximum period of 24 hours. Within the same period, PhoneDroid.net undertakes to send the Customer an email summarising the order and confirming that it is being processed, setting out all the information relating thereto.
ARTICLE 7. OBLIGATIONS OF THE CUSTOMER
7.1. Declaration of the Customer
The Customer declares having received from PhoneDroid.net all the useful explanations and details enabling him to use the Products and/or the Service which are the subject of this contract.
The Customer acknowledges that his needs and the Products and Services offered by PhoneDroid.net match and that he entered into the contract with full knowledge of the facts and having all the necessary information enabling him to give free and informed consent.
Where applicable, the Customer undertakes to provide PhoneDroid.net with all the elements necessary for drawing up the Quotation and for carrying out the Service. Likewise, the Customer undertakes to inform PhoneDroid.net of any circumstance liable to affect the performance of this contract as soon as he becomes aware of it.
7.2. Authorisations and declarations
The Customer is solely responsible for the authorisations and declarations relating to the use of the Service.
The Client declares that it holds the rights and authorisations necessary for this purpose. Where applicable, the Client declares that it has previously carried out all necessary steps, such as requests for authorisations and administrative declarations.
The absence of such declarations and authorisations may in no case call into question the validity of this contract. The Client shall in particular remain bound to pay PhoneDroid.net for the Services ordered.
ARTICLE 8. PRICE - PAYMENT
8.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by PhoneDroid.net. The prices displayed are valid only on the day of the order and have no effect for the future.
The prices indicated on the Site are expressed in euros, all taxes included, excluding delivery costs.
8.2. Payment method
The Client may make payment by bank card, in several instalments and by bank transfer. Payments by bank card are made by means of secure transactions provided by Caisse d'Epargne or Payplug.
In the context of payments by bank card, PhoneDroid.net has access to no data relating to the Client's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by bank transfer, the delivery times only begin to run from the date on which the payment is received by PhoneDroid.net.
We work with the company Oney for payment in several instalments: https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf
8.3. Invoicing
PhoneDroid.net will send or make available to the Client an invoice by electronic means after each payment. The Client expressly agrees to receive invoices by electronic means.
8.4. Failure to pay
The agreed payment dates may not be delayed on any pretext whatsoever, including in the event of a dispute.
Any sum not paid when due shall give rise, automatically and with formal notice, to the application of late payment penalties calculated on the basis of a rate equal to the legal interest rate, without such penalty prejudicing the enforceability of the sums due as principal.
8.5. Retention of title
The Products sold remain the property of PhoneDroid.net until full payment of their price, in accordance with this retention of title clause.
ARTICLE 9. COMPLAINT - RIGHT OF WITHDRAWAL – GUARANTEE
9.1. Customer service
The Site's customer service is available Monday to Friday from 9 a.m. to 6 p.m. by e-mail at: [email protected] or by post at the address indicated in article 1 of these general terms and conditions. In the latter two cases, PhoneDroid.net undertakes to provide a reply within 1 business day.
9.2. Right of withdrawal – Distance selling
9.2.1.Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to give reasons or to pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the preceding paragraph runs either from the day on which the distance contract is concluded, for contracts relating to the supply of a Service and/or to the supply of digital content not supplied on a tangible medium, or from the receipt of the goods by the Customer or by a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last item of goods or lot or of the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first item of goods.
Where the fourteen-day period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the next business day.
The decision to withdraw must be notified to PhoneDroid.net at the contact details indicated in article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the model form provided at the end of these general terms and conditions. In any event, PhoneDroid.net will send the Customer, as soon as possible, an acknowledgement of receipt of the said withdrawal by e-mail.
9.2.2.Effects of the right of withdrawal
The Customer shall send back or return the products to the trader or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
Where the right of withdrawal is exercised, the trader is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the trader may defer the reimbursement until recovery of the Products or until the Customer has provided proof of dispatch of the Products, whichever of the two events occurs first. Beyond that, the sum due shall, as of right, bear interest at the legal rate in force, as specified in article L. 242-4 du Code de la consommation (French Consumer Code).
Where applicable, the trader shall make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the reimbursement does not entail any costs for the Customer. However, the trader is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are borne by the Customer.
The Customer's liability is incurred only in respect of the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of that Product.
The conditions, time limits and procedures for exercising the right of withdrawal are set out in the model form provided at the end of these general terms and conditions.
9.2.3.Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
-for the supply of services fully performed before the end of the withdrawal period and whose performance began after the Customer's express prior agreement and express waiver of his right of withdrawal;
-for the supply of goods made to the Customer's specifications or clearly personalised;
-for maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, limited to the spare parts and work strictly necessary to respond to the emergency;
-for the supply of audio or video recordings or computer software where they have been unsealed by the Customer after delivery;
-supply of digital content not provided on a tangible medium where performance has begun after the Customer's express prior consent and express waiver of his right of withdrawal.
Likewise, the right of withdrawal does not apply to contracts fully performed by both parties at the Customer's express request before the latter exercises his right of withdrawal.
When validating the order for a Service, the Customer's waiver of the right of withdrawal shall be expressed by ticking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for the services from which I would benefit before the expiry of that period". The Customer will then receive an email confirmation of his waiver of the right of withdrawal.
A Customer who has exercised his right of withdrawal from a contract for the provision of services whose performance has begun, at his express request, before the end of the withdrawal period shall pay the trader an amount corresponding to the service provided up to the communication of his decision to withdraw, that amount being proportionate to the total price of the service agreed in the contract.
9.3. Termination of the contract at the Customer's initiative
The consumer Customer may cancel the contract by registered letter with acknowledgement of receipt requested in the event that the delivery date of the goods is exceeded by more than seven days. The Customer will then be refunded the sums paid by him when placing the order.
9.4. Guarantees
9.4.1.Guarantee against apparent defects and faults
It is the Customer's responsibility to check the good condition of the Products upon delivery. This check must relate in particular to the quality, the quantities and the references of the Products as well as their conformity with the order. No claim will be taken into account after a period of three days from delivery. In any event, any claim concerning the parcels delivered will only be taken into account if the Customer acting as a trader has notified reservations to the carrier in accordance with articles L. 133-3 et seq. of the Code de commerce (French Commercial Code).
9.4.2.Guarantee against hidden defects and faults
9.4.2.1. Legal guarantees
Customers benefit from a legal guarantee of conforming delivery (article 1604 du Code civil (French Civil Code)), a legal guarantee against hidden defects (articles 1641 et s. du Code civil (French Civil Code)) and a safety guarantee (articles 1245 et s. du Code civil (French Civil Code)).
Customers acting as consumers also benefit from a legal guarantee of conformity (articles L. 217-4 et s. Code de la consommation (French Consumer Code)).
However, the legal guarantee of conformity does not apply to:
- Devices damaged externally (cracked screen, presence of knocks on the chassis or any other type of external damage);
- Oxidised, burnt, wet devices or devices having been in contact with water;
- Devices opened and/or modified at software level in a way that renders them non-compliant with their original characteristics;
- Devices having been subject to root-type use (excluding rooting carried out by PhoneDroid.net), a rom modification or overclocking;
- Devices whose failure does not result from normal use of the device (in particular: SIM port broken by the Customer, defective USB socket due to poor conditions of use, battery less durable than at the beginning of use of the Device).
9.4.2.2. Return
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of PhoneDroid.net's registered office, together with an explanatory letter requesting either repair, replacement or refund.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. du Code de la consommation (French Consumer Code).
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The consumer Customer has a period of 2 years from the delivery of the goods to take action against the seller. In this respect, he may choose between the repair or the replacement of the Product, subject to the cost conditions provided for by article L.217-9 du Code de la consommation (French Consumer Code). Lastly, the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the guarantee against hidden defects, he may choose between rescission of the sale or a reduction of the sale price. |
ARTICLE 10. PERSONAL ACCOUNT
10.1. Creation of the personal account
The creation of a personal account is an essential prerequisite to any order placed by an Internet User on the Site. To this end, the Internet User will be invited to provide a certain amount of personal information. Some of this information is deemed indispensable to the creation of the personal account. The refusal by an Internet User to provide the said information will have the effect of preventing the creation of the personal account and, incidentally, the validation of the order.
When creating the personal account, the Internet User is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal account. The Internet User therefore undertakes not to transmit or communicate it to a third party. Failing this, PhoneDroid.net may not be held liable for unauthorised access to an Internet User's personal account.
The Customer undertakes to carry out a regular verification of the data concerning him and to carry out online, from his personal account, the necessary updates and modifications.
10.2. Content of the personal account
10.2.1. General
The personal account allows the Customer to consult and track all the orders he has placed on the Site.
The pages relating to personal accounts may be freely printed by the holder of the account in question, but in no way constitute evidence admissible by a court. They are of a purely informative nature intended to ensure the efficient management of his orders by the Customer.
PhoneDroid.net undertakes to keep securely all the contractual elements whose retention is required by the law or the regulations in force.
10.2.2. Customers' contributions
Customers are offered the possibility of contributing to the content of the Site by publishing comments on their use of the Products and/or the Services and their relationship with PhoneDroid.net. Comments must be provided in French. They will be subject to validation by PhoneDroid.net or its team of moderators.
By clicking on the "Validate" tab, in order to publish his comment, the Customer grants a non-exclusive, royalty-free copyright licence to PhoneDroid.net covering the said comment. In this respect, the Customer authorises PhoneDroid.net to communicate his comment to the public online, in whole or in part, on the Site, in PhoneDroid.net's newsletters and on the sites of PhoneDroid.net's partners. The Customer authorises PhoneDroid.net to reproduce his comment for the purpose of communicating it to the public online and of producing communication and promotional materials for the Site. The Customer authorises PhoneDroid.net to translate his comment into any language for the purpose of communicating it to the public online and of reproducing it on its commercial and promotional materials. The right of adaptation also includes the right to make the modifications technically necessary for the exploitation of the comment in other formats. This licence is granted for commercial and advertising use. It is granted for the entire duration of the rights, for exploitation in France and abroad.
The Customer declares that he holds the intellectual property rights and the authorisations necessary to publish his review. The Customer undertakes to intervene at any request of PhoneDroid.net in any proceedings brought against the latter on account of his review and to indemnify it against any costs and orders pronounced against it on that account, including any lawyers' fees.
10.3. Deletion of the personal account
PhoneDroid.net reserves the right to delete the account of any Customer who contravenes these general terms and conditions, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as where a Customer's personal account has remained inactive for at least one year.
ARTICLE 11. DELIVERY
11.1. Delivery charges
The delivery or provision charges shall, in any event, be indicated to the Customer before any payment and only concern deliveries made in metropolitan France, Corsica included. For any other place of delivery, it shall be for the Customer to contact the customer service department.
The delivery charges indicated on the Site are understood to be in euros, all taxes included.
11.2. Delivery time
Orders are delivered by Chronopost, DHL or La Poste within a period of 1 to 2 business days from the full receipt of the price by PhoneDroid.net.
Certain products or certain order volumes may nevertheless justify a delivery time exceeding 2 business days. This will be expressly mentioned for the Customer's attention upon validation of the order.
11.3. Damaged parcel
In the event of delivery of a manifestly and visibly damaged parcel, it is for the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must furthermore inform the seller thereof without delay, so that a new parcel may be prepared for him, then dispatched upon receipt of the damaged parcel in return. In such a case, the delivery times indicated above in these general terms and conditions shall no longer be applicable.
11.4. Transfer of risk
Notwithstanding the retention of title clause stipulated in article 8.5 hereof, the transfer of the risks of loss, theft or damage to the Products only takes place at the moment when the Customer (or a third party designated by him) takes physical possession of the Products. PhoneDroid.net consequently bears the risks relating to the transport of the Products until their effective delivery to the Customer. PhoneDroid.net retains in this respect the status of insured party and the right to exercise any recourse against the carriers in the event of loss occurring during transport.
ARTICLE 12. PHONEDROID.NET NEWSLETTER
By ticking the box provided for that purpose or by expressly giving their consent to that end, Internet Users accept that PhoneDroid.net may send them, at a frequency and in a form which it shall determine, a newsletter which may contain information relating to its activity.
When the Internet User ticks the box provided for that purpose, he accepts to receive commercial offers from PhoneDroid.net for products and services similar to those presented on the Site. Subscribed Internet Users shall have the option of unsubscribing from the newsletter by clicking on the link provided for that purpose, present in each of the newsletters.
ARTICLE 13. DATA PROCESSING AND CIVIL LIBERTIES (INFORMATIQUE ET LIBERTES)
13.1. CNIL declaration - Data controller
PhoneDroid.net's file containing the personal data of Internet users has been the subject of a declaration to the CNIL (French data protection authority) registered under no. 1751333.
13.2. Optional nature of the provision of data
Internet users are free to decide whether to provide personal information concerning them. The provision of personal information is not essential for browsing the Site.
13.3. Mandatory provision of data for registration
On the other hand, registration on this Site entails the collection by PhoneDroid.net of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information necessary for registration will not be able to place an order on this Site.
13.4. Compliance with the purpose of the collection of personal data
The personal data collected is subject to computer processing and is exclusively reserved for PhoneDroid.net. The data collected is necessary for the proper administration of the Site, as well as for PhoneDroid.net's compliance with its contractual obligations. This data is kept by PhoneDroid.net in this sole capacity. PhoneDroid.net undertakes not to use it in any other context nor to transmit it to third parties, except with the express agreement of Internet users or in cases provided for by law. The personal data collected is not subject to any transfer abroad.
13.5. Right of access, rectification and objection
The contact details of all Internet users registered on this Site are stored for a reasonable period necessary for the proper administration of the Site and for normal use of the data. This data is kept under secure conditions, in accordance with current technical means, in compliance with the provisions of the Loi Informatique et Libertés du 6 janvier 1978 (French Data Protection Act of 6 January 1978).
In accordance with the latter, Internet users have a right of objection, enquiry, access and rectification concerning the data they have provided. To do so, they simply need to submit a request to PhoneDroid.net, sending it to the following email address: [email protected] or by post to the address of PhoneDroid.net's registered office mentioned in article 1 of these general terms and conditions.
ARTICLE 14. COOKIES AND IP ADDRESSES OF INTERNET USERS
14.1. Cookies
14.1.1. Purpose of the placing of cookies
In order to allow all Internet Users optimal browsing on this Site as well as better operation of the various interfaces and applications, PhoneDroid.net may install a cookie on the Internet User's computer.
14.1.2. Purpose of cookies
Cookies make it possible to store information relating to browsing on the Site (date, page, times), as well as any data entered by Internet Users during their visit (searches, login, email, password). These cookies are intended to be kept on the Internet User's computer for a variable period of up to 13 months, and may be read and used by PhoneDroid.net during a subsequent visit by the Internet User to this Site.
14.1.3. Internet User's right to object to the installation of cookies
The Internet User has the possibility to block, change the retention period of, or delete these cookies via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, browsing on this Site will not be optimised.
14.1.4. Deletion of installed cookies
Internet Users also have the possibility to delete the cookies installed on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action causes Internet Users to lose the benefit provided by cookies.
14.2. IP addresses
14.2.1. Definition and collection of IP addresses
The IP address corresponds to a series of digits separated by dots allowing the unique identification of a computer on the Internet network. PhoneDroid.net reserves the right to collect the public IP address of all Internet Users. The collection of this IP address will be carried out anonymously. Internet Users' IP addresses will be kept for the period required by law.
14.2.2. Disclosure of IP addresses
PhoneDroid.net must disclose all personal data relating to an Internet User to the Police upon judicial requisition or to any person upon a court decision. The IP address may be cross-referenced with the actual identity of the Internet User in the event that this information is disclosed by an internet access provider.
ARTICLE 15. LIABILITY OF PHONEDROID.NET
15.1. Nature of PhoneDroid.net's obligations
PhoneDroid.net undertakes to exercise the necessary care and diligence in the supply of Products and/or Services of a quality compliant with the specifications of these General Conditions. PhoneDroid.net is bound only by an obligation of result.
15.2. Force majeure - Fault of the Customer
PhoneDroid.net shall not incur liability in the event of force majeure or fault of the Customer, as defined in this article:
15.2.1. Force majeure
Within the meaning of these general terms and conditions, shall be considered as a case of force majeure enforceable against the Customer any impediment, limitation or disruption of the Service resulting from fire, epidemic, explosion, earthquake, bandwidth fluctuations, breach attributable to the access provider, failure of transmission networks, collapse of installations, unlawful or fraudulent use of the passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site's host or to the developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of PhoneDroid.net. In such circumstances, PhoneDroid.net shall be released from the performance of its obligations to the extent of such impediment, limitation or disruption.
15.2.2. Fault of the Customer
Within the meaning of these General Terms and Conditions, shall be considered as a fault of the Customer enforceable against the latter any misuse of the Service, fault, negligence, omission or failure on his part or on the part of his employees, failure to comply with the advice given by PhoneDroid.net on its Site, any disclosure or unlawful use of the Customer's password, codes and references, as well as the provision of erroneous information or the failure to update such information in his personal account. Shall also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automated queries, the implementation of which would contravene the letter or the spirit of these general terms and conditions of sale.
15.3. Technical problems - Hypertext links
In the event that access to the Site is impossible, due to technical problems of any kind, the Customer may not claim any damage and shall not be entitled to any compensation. The unavailability, even prolonged and without any limitation of duration, of one or more online services cannot constitute a loss for Customers.
The hypertext links present on the Site may lead to other websites. PhoneDroid.net cannot be held liable if the content of these sites contravenes the legislation in force. Likewise, PhoneDroid.net cannot be held liable if the visit, by the Internet User, to one of these sites caused him a loss.
Given the current state of the art, the rendering of the representations of the Products offered for sale on this Site, in particular in terms of colours or shapes, may vary appreciably from one computer to another or differ from reality depending on the quality of the graphics accessories and of the screen or depending on the display resolution. These variations and differences may under no circumstances be attributed to PhoneDroid.net, which may in no case be held liable on this account.
15.4. Damages payable by PhoneDroid.net
In the absence of contrary legal or regulatory provisions, the liability of PhoneDroid.net is limited to the direct, personal and certain loss suffered by the Customer and connected with the failure in question. PhoneDroid.net may in no case be held liable for indirect damages such as, in particular, loss of data, commercial losses, loss of orders, harm to brand image, commercial disturbance and loss of profits or of customers. Likewise and within the same limits, the amount of damages payable by PhoneDroid.net may in any event not exceed the price of the Product and/or of the Service ordered.
15.5. Hypertext links and Site contents
The Contents of the Site are published for information purposes, without any guarantee of accuracy. PhoneDroid.net may in no case be held liable on account of an omission, an inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet User.
15.6. Liability as host
The data, in particular comments, published on the Site by the Customer are published under his own responsibility.
In this context, PhoneDroid.net shall benefit from the status of host of the data within the meaning of article 6-I-2 de la Loi pour la confiance dans l'économie numérique du 21 juin 2004 (French Act of 21 June 2004 on confidence in the digital economy). In accordance with paragraph 3 of the same article, PhoneDroid.net's civil or criminal liability may not be incurred on account of these comments, unless, from the moment it became aware of the unlawful activity or information, it failed to act promptly to remove such information or to make access to it impossible.
ARTICLE 16. INTELLECTUAL PROPERTY
16.1. Legal protection of the Site Contents
The Site Contents may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out unlawfully and without the consent of PhoneDroid.net or of its assigns or successors in title constitutes a violation of Books I and III of the Code de la propriété intellectuelle (French Intellectual Property Code) and may give rise to legal proceedings for infringement.
16.2. Contractual protection of the Site Contents
The Internet User contractually undertakes towards PhoneDroid.net not to use, reproduce or represent, in any manner whatsoever, the Site Contents, whether or not they are protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 17. FINAL PROVISIONS
17.1. Applicable law
These general terms and conditions are subject to the application of French law.
17.2. Amendments to these general terms and conditions
These general terms and conditions may be amended at any time by PhoneDroid.net. The general terms and conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal area entailing acceptance, where applicable, of the new general terms and conditions.
17.3. Disputes
Pursuant to ordonnance n°2015-1033 du 20 août 2015, all disputes which may arise in connection with the performance of these general terms and conditions and for which no amicable solution could be found beforehand between the parties must be submitted to Medicys: www.medicys.fr
17.4. Entirety
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties must as far as possible replace the annulled provision with a valid provision corresponding to the spirit and purpose of these terms and conditions.
17.5. Non-waiver
The failure by PhoneDroid.net to exercise the rights granted to it under these terms and conditions may under no circumstances be construed as a waiver of the right to assert the said rights.
17.6. Languages of these general terms and conditions
These general terms and conditions are offered in French.
17.7. Unfair terms
The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Code de la consommation (French Consumer Code) concerning unfair terms in contracts concluded between a trader and a consumer.
ORDER CANCELLATION PROCEDURE
IN THE EVENT OF A DISTANCE SALE TO A CUSTOMER
In the event of a distance sale, as defined by article L. 221-1 du Code de la consommation (French Consumer Code), within fourteen days, including public holidays, from the order or the purchase commitment, the Customer has the right to withdraw from it by registered letter with acknowledgement of receipt. If this period would normally expire on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day.
Any clause of the contract by which the customer waives his right to withdraw from his order or from his purchase commitment is null and void. This article does not apply to contracts concluded under the conditions provided for in article L. 221-2.
If you cancel your order,
you may use the detachable form opposite.
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ORDER CANCELLATION
Code de la consommation art. L. 221-5 (French Consumer Code)
Conditions:
∗ complete and sign this form
∗ send it by registered letter with acknowledgement of receipt
∗ use the address given in article 1
∗ send it no later than the fourteenth day from the day of the order or, if this period would normally expire on a Saturday, a Sunday or a public holiday or non-working day, the first following working day.
I, the undersigned, hereby declare that I cancel the following order:
∗ Nature of the goods or service ordered:................................................................
......................................................................................................................................................
∗ Date of the order:...............................................................................................................
∗ Date of receipt of the order: .........................................................................................
∗ Customer's name: ..........................................................................................................................
∗ Customer's address: .....................................................................................................................
......................................................................................................................................................
Customer's signature: