These General Terms & Conditions apply to all sales of Products carried out by us, as defined below and hereinafter referred to as “GP”, on its website www.GOREMADEPHONE.com (hereinafter referred to as the ” “Website”, as defined below).
The contract (hereinafter “the Contract”) is constituted by the present General Conditions of Sale, which the Customer accepts without reservation. In the event of contradiction or difficulty in interpretation of the Contract, these General Conditions shall prevail between the Parties on any subsequent specification relating to the same subject matter; In particular, the other indications appearing on the Website can in no case be interpreted as derogations from the said General Conditions of Sale.
These General Conditions of Sale apply to sales transactions between the Client and the company GP via the Website.
1 – DEFINITIONS
ACCESSORY means any accessory to a Product, such as a headphones, cable, charger, etc.
GENERAL TERMS & CONDITIONS means the present General Conditions of Sale.
ORDER means any online order of a Product offered for sale by GP on the Website in return for payment by the Client.
CUSTOMER means any natural or legal person having the legal capacity to contract to buy or exchange Products for purposes other than those of its Occupation. Any order placed for the purpose of his professional activity will remain valid but must be treated as a non-conforming order and will be subject as such to the rules of commercial law.
PRODUCT SHEET means the page of the Website describing the essential characteristics of the Product offered for sale. GP reserves the right to modify or update the Product Sheets at any time and without notice.
ORDER FORM means the electronic order form filled in online by the Customer on the Website in writing and clearly at the time of the Ordering and containing the information necessary for the processing of the Order, including its email address and addresses Delivery and billing.
CANCELLATION FORM refers to the form, which is distinct as to its object and form from the Cancellation Form, which must be completed by the Customer to cancel an Order. This form is published and can be downloaded from the Website.
ORDER NUMBER refers to the order number issued by GP at the time of the Order.
ORDER PAYMENT means the placing of an Order made by the Customer by completing, validating and sending online the Order Form published on the Website. GP acknowledges receipt of the Order by email as soon as possible.
PARTIES collectively means GP and the Client.
PRODUCTS means Products, new, used or “sold as new” (refurbished) offered by GP for sale on the Website, in accordance with the price list.
SITE INTERNET refers to the website “GOREMADEPHONE.com”, property of Go International Group Limited and managed by Go International Group Limited through which are published the offers of sale of Products and are processed by GP of any Order of Products.
ORDER VALIDATION means the time when the Customer definitively validates the Order following careful reading of the acknowledgment of receipt and the summary of the Product Order and its modification or correction before purchase if necessary.
2 – PASSING ORDER
Conditions for placing an Order for Products.
A) In order to validly place an Order, the Customer must be of legal age, able and have his / her residence (or be established, for Clients legal entities) in the Territory, but without nationality.
B) During the Online Order Process and after issue of a completed Order Form, the Customer will see on the Website a summary of his Order confirming that it has been taken into account by GP and the Customer’s commitment to pay the agreed price, for the purpose of validation by the Customer before the definitive confirmation of the execution of its Order by GP. After the Customer has validated the order, which is definitive confirmation of his online purchase without any other formality, the Customer receives by e-mail an acknowledgment of his Order Firm and definitive, an invoice corresponding to the cost of the Product purchased as well as an order confirmation document including in particular the essential characteristics of the Product with its price.
C) The offer of GP is valid when the Product is visible on the Website, within the limit of available stocks. GP reserves the right to modify the list and the prices of its Products at any time on the site and without notice and in particular to withdraw Products from its offer. For Products not stored in GP warehouses, the offer is subject to the availability of the Product at GP suppliers. In case of unavailability of a Product after confirmation of Order, the Customer will be offered by GP at the Customer’s choice, or the purchase of another equivalent Product, or the full refund of its purchase by GP within a period Maximum 30 days from the notification of the unavailability by GP including any delivery costs when they were originally charged to the Customer. In case of unavailability of a Product after confirmation of the Order, GP will inform the Customer by e-mail and no debit will in principle be made; And if a debit is made by mistake in the absence of a delivery of the Product unavailable, it will give rise to a full refund as indicated above.
3 – PRICES
By proceeding on-line with the Validation of its Order of a Product with GP, the Customer agrees to pay in full price of the Product in force in accordance with the Price List appearing on the Website, besides the postage.
The transfer of ownership of the Product occurs from the complete payment of the price by the Customer, including postage, according to the modalities provided.
The price of the Products appearing on the Website is indicated in Euros. The price will indicate in the summary of the Order, as well as the postage costs charged to the Customer.
The relevant reference price at the time of the Order is the price indicated on the Website at the time of the placing of the said Order.
The price indicated on the Website does not include delivery charges, which are indicated separately as part of the Order Process. The total price has included shipping costs is indicated at the end of the Order Process. It is firm and definitive.
Despite our best efforts, a few of the Products available on the Website may display an undetected error on the price. GP customer service will verify the relevance of the price at the time of processing of the Order Form and prior to payment. If the price indicated on the Website is found to be incorrect and the actual price is higher than the price displayed on the Website, the customer service will contact the Customer by email in order to propose to him to carry out the transaction at the price which will in turn confirm via the Website or by email. If the Customer prefers in this case a cancellation of his Order, it will be carried out at his express request and without any debit from his bank card. If the actual price is lower than the posted price, GP will invoice the Customer for the revised price and send the Product sold without further modification of the Order.
4 – TERMS AND CONDITIONS OF PAYMENT
Any settlement is due in full to the execution of the Order. The price paid to GP can not be considered as a deposit.
Payment is made by Paypal or by credit card, by means of a secure access of the Customer on the Website to an online payment platform. Payment methods accepted (such as Visa, MasterCard, American Express) are indicated on the Website. The bank card must be valid for at least one month beyond the day of the Order. The debit of the credit card will only take place at the time of delivery of the Product to the Customer.
The entry of bank information for payment is made on a secure server to guarantee the security and confidentiality of the information provided by the Client during the banking transaction. No connection banking information is retained by GP.
In order to avoid fraud, GP reserves the right, before accepting the formation of the Contract and / or on-line payment, to ask the Customer for proof of personal and / or bank identification and / or domiciliation in addition Of the mode of settlement chosen. In this case, GP will process the Order only upon receipt of the requested supporting documents, thereby deferring the anticipated delivery deadlines, without responsibility for GP. GP reserves the right to cancel definitively any order in case of insufficient provision or failing to receive the justified documents requested within fourteen (14) days or on receipt of the justifications considered nonconforming. In such a case, the Contract shall be settled ipso jure, without any other formality and without compensation on either side.
Upon payment of the full sales price by the Customer, including shipping costs, GP agrees to deliver the Products ordered within the prescribed time.
Upon confirmation of receipt of the Order, the Customer will receive by email a summary of his Order mentioning the price of the Product, including postage. The actual invoice for the Product, corresponding to the price paid, will be sent to the Customer upon confirmation.
5 – MODALITIES OF INVOICING
The invoice in the digital format corresponding to the Product Price will be sent by GP to the Customer by e-mail to the e-mail address indicated by the Customer at the time of the confirmation of his Order.
6 – DELIVERY AND RECEIPT OF THE PRODUCT AND TRANSFER OF RISKS
After the Order Validation and the complete payment of the price of the Order by the Customer according to the modalities,, GP will send to the Customer a package containing the Product ordered.
The delivery is carried out by a carrier chosen by GP, either by direct delivery of the corresponding parcel in the hands of the Client, or by a notified notice of availability to the Customer, with the latter taking delivery at the place of Deposit indicated.
GP agrees to send the Product to the Customer within seven (7) working days of receipt by GP of the Customer’s full payment of the Product, including postage.
In the event of any delay in delivery, GP will notify the Customer by e-mail of any change in the delivery date indicated at the time of the Order and propose a new delivery date.
In the event that the Product cannot be delivered to the Customer within seven (7) days, whatever the reason, except in case of unavoidable accident or transport strike, GP will propose to the Customer a cancellation of the Order and a full refund of the Order within a maximum period of thirty (30) days. No compensation or compensation other than the full refund of the Order will be due by GP. If Customer fails to cancel its Order in writing within seventy-two (72) hours of sending GP by notice of late delivery, delivery of the ordered Product will continue. The reimbursement and the return of the Product delivered with delay will be possible then only in the conditions and in the modalities provided below in these General Conditions.
If the delivered Product is destroyed, damaged, defective or non-compliant due to the exclusive fact of GP or the carrier, it may be returned to GP at no cost to the Customer. No compensation or compensation other than the full redemption of the Order will be payable by GP in such case.
Any delivery made by GP will be made to the billing address indicated by the Customer in the Online Order Form, unless otherwise indicated in the Delivery Form.
The Product will be delivered exclusively by a carrier chosen by GP, under its responsibility.
The cost of delivery of the Product shall be borne by the Customer. They are indicated at the end of the Purchase Order and in any case before the Order Validation.
The ordered product is deemed to have been delivered by GP when the carrier has delivered it directly to the Customer (physical delivery or deposit in the mailbox) or when the carrier has notified him a notice and the Product has been entrusted to a third party designated by the Carrier responsible for keeping the parcel at its disposal for the period specified in the notice. The proof of delivery or the notice of deposit is proof of the date of delivery and the transfer of risks to the Client.
The Customer agrees to verify the status of the parcel as soon as the delivery is received and to inform the carrier and the GP customer service any anomaly, such as Incompleteness, damage to the package or apparent defect in the Product. The Customer is invited either to refuse the delivery of the Product in case of apparent anomaly and to indicate the reason in writing to the carrier, or to take delivery by issuing written reservations. Any damage, total or partial destruction, manifest non-conformity or apparent defect of the Product not immediately reported to the carrier upon delivery of the Product shall not give rise to any subsequent claim of the Customer.
In all cases and after delivery, the Customer undertakes to verify the condition, conformity to the Order and the proper functioning of the delivered Product within a maximum of forty-eight (48) hours from the day of delivery of the product. Produced by the carrier to determine compliance with the Order. In the event that the Product does not conform to the validated Order, the Customer is invited to contact the GP customer service. An automatic notification of receipt of the complaint will be sent by email by GP to the address of the Customer indicated in the Order Form.
The Customer has the possibility to cancel the Order within a maximum of sixty (60) working days by registered letter with acknowledgment of receipt addressed to GP, in case of delay in delivery exceeding seven (7) working days. To this end, the Client must log in to his personal account and fill in online the Cancellation Form of the Order before sending his registered letter. This possibility of cancellation cannot be exercised in case of unavoidable accident or a transport strike preventing delivery within a reasonable time. The amounts paid by the Customer to GP under the Order will be fully refunded to him within thirty (30) working days from receipt of the registered letter with acknowledgment of receipt of the notice of the Cancellation Form, duly Completed, Dated and signed by the Customer. If, after cancellation of the Order, the Customer has received the Product, the Customer agrees to return it to GP. In this case, the Product will be refunded upon receipt of the Product by GP. If the Customer chooses to keep the Product, no refund, even partial, can intervene.
Unless otherwise agreed in writing and in writing, GP reserves the right to freely choose the carrier.
The Client may follow his Order by contacting the GP Customer Service by email.
7 – WARRANTY
For our products, GP legal compliance warranty is limited to one year. The above mentioned periods shall begin to run from the date of delivery of the Products concerned.
The Customer agrees to inform GP in detail and in writing of the claim, stating, firstly, the nature of the hidden defect and, if known, its apparent origin, and the choice To exchange the defective Product with another similar Product or the full refund of the Product, including postage. The Customer shall not be entitled to any other compensation or remedy unless proof has been given that such failure has caused damage which would not be compensated by reimbursement, provided that GP can be held liable for such damage.
As part of the exercise of this warranty, the Customer agrees to return the Product. Return of the Product is at the Customer’s expense and risk. However, the shipping costs will be refunded to the Customer on the basis of the invoiced price and the return costs according to the presentation of the justifications.
In the event that it appears that the defect reported by the Customer is not a hidden defect or is not attributable to GP or to the manufacturer of the Product, the Product will be redirected without compensation to the address and at the expense and risk of the Customer, the Customer supporting in this case the full costs of return and redirection.
In addition to the contractual and legal guarantees mentioned above, the warranty shall not apply in the event of breakage, oxidation or damage due, for example, to prolonged exposure to moisture or excessive temperature, or in case of use not according to its intended purpose or to the The use of the Product, misuse of the Product and, more generally, any alteration attributable to the Customer of the appearance, Condition or proper functioning of the Product likely to diminish its value or render it unsuitable for resale. This contractual guarantee after delivery can not be assimilated to a guarantee against the breakdown of the Product. Only the malfunctions, failures or defects not attributable to the use of the Customer will benefit from this guarantee.
8 – RETURNS – RIGHT OF RETRACTION
The Customer has a maximum period of fourteen (14) clear days from receipt of the Product to exercise its right of withdrawal. The withdrawal must be notified to GP by registered letter with acknowledgment of receipt, to the address of the customer service appearing on the Website. In order to exercise this right provided by law, the Client does not have to justify reasons or to pay a penalty or additional cost, subject to the payment of the return costs, which are charged to him in accordance with the law.
In the case of a single order for several products delivered separately, the period runs from the delivery of the last Product under the conditions provided for in the General Conditions. In case of Multiple Orders by the same Customer, the delay runs from each delivery of Product.
The exercise of the right of withdrawal in accordance with the aforementioned terms opens for the Customer the right to be reimbursed the amount of the Order. As such, GP will refund to the Customer the price of the Product purchased and the initial shipping costs. The costs of return of the Product remain the responsibility of the Customer. Any request for reimbursement under the right of withdrawal may be taken into account only if the right of withdrawal is notified within the time limit.
For the exercise of the right of withdrawal, the Customer must first connect to his account, fill in online the Cancellation Form and send it to GP within the time.
Products must be returned to the following address: GOREMADEPHONE (Customer Service) – xxxxxxxxxxxxxx
The Customer agrees to return the Product in its original packaging. The package must include the Product and all Accessories and Notices that have been delivered with the Product. The Client must also ensure that the warranty labels are included in the shipment and that the Order Number is clearly indicated and that a copy of the purchase invoice is attached.
GP reserves the right not to take back, exchange or refund any Product that is incomplete, damaged, damaged and / or whose original packaging and / or parts or accessories have been lost or damaged.
The return of the Product is carried out at the expense and risk of the Customer.
9 – CONFORMITY OF PRODUCTS OR DELIVERY – SPARE PARTS
The Customer agrees to notify GP upon receipt, or at the latest within the time limits of these General Conditions relating to the delivery and reception of the Product, any Product delivered incomplete, defective, damaged, Damaged, not in conformity with the Order or any parcel not including the number of Products and Accessories provided or any error or anomaly as to the nature or characteristics of the Product delivered by reference to the Product Data Sheet and the Order Form as Accepted by GP, and notify GP Customer Service by registered letter with acknowledgment of receipt within a maximum of forty-eight (48) hours of receipt of the Product by the customer. If no notice is given in this form and within this period, the Customer loses all right of complaint with respect to the conformity of the Product, except possibly under the conditions stipulated by the law and the jurisprudence in force and in any case within the maximum deadlines Provided above, without prejudice to the guarantee of latent defects in the Product or the contractual guarantee provided where applicable.
In the event of a claim for non-compliance as stated in this article, the Customer agrees to return the Product to GP in accordance with the terms and conditions set forth in Terms and Conditions . In any event, within the framework of the legal guarantee of conformity and after reporting by the Customer under the aforementioned conditions, GP will remedy the defect, either by repairing or replacing the defective Product, or if this proves impossible or disproportionate, Reducing the price of the Product to the appropriate proportion. In the event of return and refund of the Product, GP may take into account, if applicable, the use that the Customer may have made of the Product since the delivery date.
10 – CANCELLATION OF THE ORDER BY GP
GP reserves the right to cancel any Order that is incorrect or does not fulfill the conditions stipulated in the General Conditions, in particular if:
The Client has not made an Account prior to the Order;
The Customer proves to be insolvent (payment not honored within fifteen (15) days of the Order;
The Customer has indicated incorrect or incomplete information in the Order Form;
The Customer has a dispute with GP relating to the settlement of a previous Order or concerning a purchase in accordance with the General Conditions of Purchase;
The Product is not available after the Order. In this case, GP will inform the Customer by e-mail and will cancel the Order and no debit will in principle be made; And if a debit is made in error in the absence of a delivery, it will give rise to a full refund.
11 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
The Product delivered and invoiced to the Customer remains the property of GP until full payment of its price by the Client, including postage.
Failure to pay in full or in part gives GP the right to claim ownership of the Product. In this case, the Client agrees to return the Product at first request by registered letter with acknowledgment of receipt sent by GP to the invoicing address and upon receipt of this notification.
12 – LIABILITY – WARRANTY LIMITATIONS AND EXCLUSIONS
Subject to mandatory legal provisions, the liability of GP is strictly limited to the obligations defined in these conditions or, where applicable, to the express terms and conditions and can only be committed in the event of failure to prove its failure to fulfill its essential obligations Or defect or non-conformity that a Product sold through the Website is causing.
In addition, the legal and contractual guarantees mentioned in these General Conditions exclude damages resulting from improper or defective use of the Products sold, damage resulting from a lack of care or maintenance in accordance with the technical notices and specifications, damage Damages resulting from improper or inappropriate use of the Products, damage resulting from the intervention on a Product of a repairer not approved by GP or by the manufacturer concerning the New Products. GP cannot be held liable for any loss or alteration of data or programs present on the Products or supports or accessories of any kind, belonging to the Clients. Any unauthorized modification or mechanical, electronic, electrical or other modification made to the Products or its connection devices by the Customer or by any third party also excludes the guarantee and the responsibility of GP.
As part of the implementation of its guarantee, GP only undertakes to replace the Product (standard exchange) in the event of a defect which renders it totally or essentially unusable or the replacement of the defective part (s).
In the case of new Products, in the event of bankruptcy, lack of diligence or lack of intervention or inability to supply or repair the manufacturer, the Client may not claim damages against GP which shall not Warranty on the defect of the products of this manufacturer, subject to the mandatory legal provisions and the guarantees provided for in these General Conditions of Sale.
GP cannot be held liable for minor errors in the Product Data Sheets or for illustrations of the Products appearing on the Website, since GP does not guarantee that the Product sold conforms to the essential characteristics contained in this Product Data Sheet.
In any event, the liability of GP under the Contract is limited to the repair of the direct and proven damage sustained by the Customer, to the exclusion of any indirect and / or intangible damage such as loss of exploitation, , Image loss, loss of contract, data loss, etc., and is capped at the purchase price of the Product at the date of the Order, excluding any other repair.
13 – ACCEPTANCE OF THE GENERAL CONDITIONS
The placing of an Order by the Customer implies and entails the full and unconditional acceptance of these General Conditions of Sale.
14 – CUSTOMER SERVICE
A pre-sales and after-sales service is made available to the Customer by contacting our customer service by e-mail at the following address: cs@GOREMADEPHONE.com.
When contacting or notifying customer service, the Customer must indicate the order number and the subject of his request or his complaint. Such claims or claims shall be processed within a reasonable time.
15 – MISCELLANEOUS
Notifications shall be sent to the other Party in writing, that is, by electronic mail with acknowledgment of receipt or by fax or registered letter with acknowledgment of receipt in the cases provided for in these General Conditions or required by law.
The titles appearing in these General Conditions are purely indicative and their wording cannot affect the interpretation of the provisions to which they relate.
The fact that GP does not require the strict application of any clause of these General Terms and Conditions shall under no circumstances be considered as a waiver to avail itself of it in the future.
These General Conditions of Sale form an integral part of the formation of a Sales Agreement, which implies acceptance by the Customer of these General Conditions, which apply exclusively and exclusively to the relations between GP and the Customer For any transaction covered by their object. These General Terms and Conditions shall exclude the application of any other written or oral documents, correspondence or exchanges emanating from the Parties, whatever the terms and dates of communication.
The data recorded by GP on the Website constitute proof of the set of transactions between the Parties, unless expressly agreed otherwise.
GP reserves the right to modify or update these Terms and Conditions at any time and without prior notice. However, this update will be the subject of a notice or apparent information on the Website intended for the Clients of GP. In the event of modification, the General Terms and Conditions applicable to the contractual relationship between the Parties shall be those in force at the date and time of the Purchase Order by the Customer.