General terms and conditions of sale
These conditions of sale are concluded on the one hand by Florian Devaux as the natural person who owns the fitmyphone.com site and, on the other hand, by any natural or legal person wishing to make a purchase via the fitmyphone.com website hereinafter "the buyer".
Article 1. Subject These terms and conditions of sale are intended to define the contractual relationship between fitmyphone.com and the buyer and the conditions applicable to any purchase made through the website www.fitmyphone.com. The acquisition of a product through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.fitmyphone.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under these general conditions of sale. Fitmyphone.com reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products The products offered are those that appear on the fitmyphone.com website, within the limits of available stocks. fitmyphone.com reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the fitmyphone.com website is intended for all buyers residing in countries that fully allow these products to enter their territory.
Article 3. Prices The prices appearing on the product sheets of the internet catalogue and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Fitmyphone.com reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Order and payment terms Before any order, the buyer must create an account on the fitmyphone.com website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile...), must identify himself using this information. fitmyphone.com offers the buyer to order and pay for his products in several steps, with 3 payment options to choose from: - Payment by check: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by cheque". Finally, the last step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button "Confirm my order". This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the recording of his order.
- Payment by bank transfer: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by bank transfer". Finally, the last step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button "Confirm my order". This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the recording of his order. In order to finalize his payment and initiate the processing of his order, the buyer must contact his bank to make the transfer corresponding to the amount of his order to 3 the bank account of fitmyphone.com whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Fitmyphone.com will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
- Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by Paypal". The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button "Confirm my order". Finally, the buyer is redirected to the secure PAYPAL interface to securely enter his Paypal account or personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The holder of a credit card is not liable if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred as a result of the transaction, the cardholder must contest, in writing, the debit from his bank within 70 days of the transaction, or 120 days if the contract binding him to it so provides. The amounts deducted shall be reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No costs of returning the sums may be charged to the holder. The confirmation of an order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one's own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and has provided it on his order form, fitmyphone.com will send him by e-mail the confirmation of the recording of his order. If the buyer wishes to contact Mili Créations, he can do so either by mail to the following address: Mili Créations Le bourg vieux 24800 saint martin de fressengeas ; or by email at the following address: [email protected] Article 5. Retention of ownership Mili Créations retains full and complete ownership of the products sold until the price has been fully collected, in principal, fees and taxes included.
Article 6. Withdrawal In accordance with the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 working days from the day after the delivery of the product or the conclusion of the service contract. This right of renunciation does not belong to the professional buyer. Within this period, the consumer must notify his intention to renounce by e-mail and return, at his own expense and risk, the product delivered to the manufacturer located on Chinese territory. Products must be returned in their original packaging, undamaged, with all accessories, the user manual and the original invoice/delivery note. The products thus returned must not have been unpacked, unsealed or used in any way. Incomplete, damaged, damaged or soiled goods by the customer will not be taken back. Within 30 days, after acceptance of the return of the goods, the seller undertakes to refund any payment, with the exception of shipping costs.
Article 7. Delivery Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area; delivery times are given for information only; if they exceed sixty days from the date of the order, the sales contract may be terminated and the buyer reimbursed. Fitmyphone will be able to provide the buyer by e-mail with the tracking number of his package if the buyer has chosen a delivery option that allows it. The buyer is delivered to his home by his postman. In the event of the buyer's absence, he will receive a notice of passage from his factor, which allows him to collect the products ordered at the nearest post office, for a period of time indicated by the postal services. The risks related to transport are the responsibility of the buyer from the moment the items leave the premises of the fitmyphone company. The buyer is required to check in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Guarantee With regard to consumers, the seller guarantees the products he sells and the services he provides in accordance with the law of 1 September 2004 on the protection of consumers in the event of the sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code). In the event of non-conformity of a product sold found within 2 months of delivery of the good, the consumer must notify the seller as soon as possible and accurately by registered letter or e-mail. This warranty only covers defects in conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, falling or impact, negligence and wear and tear, are not covered by the warranty. Similarly, repairs carried out by technicians not approved by the supplier will result in the cancellation of the warranty. The invoice or delivery note serves as a guarantee and must be kept by the consumer and produced in original. If the product is used for non-private purposes, the manufacturer/supplier's limited warranty conditions apply.
Article 12: Intellectual Property All elements of the seller's website are and remain the seller's exclusive intellectual property. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the prior express written consent of the seller.
Article 13: Personal data All personal data necessary for the processing of an order are kept by the seller or his employees and may be transmitted to companies with which the seller - or his suppliers - collaborates, when such communication is necessary for the processing of the order. The user also authorizes the seller to use this data to compile statistics in order to improve his site, the goods and services he offers. This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers. Finally, the seller keeps the personal data to facilitate subsequent orders. The seller also undertakes not to disclose the information it has to another company or business. The data kept by the seller can be requested and corrected at any time on request.
Article 14: Proof The parties accept, in the context of their relations, electronic means of proof (for example: email, computer backups, etc.).
Article 15: Dispute resolution These online sales conditions are subject to Belgian law. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, unless there are binding public policy provisions.