General Terms and Conditions of Sale

3.1. Product specifications

Each Product is described in detail on the Website, including:

• Its technical specifications (make, model, storage capacity, colour, etc.)
• Its reconditioning status (grade, general condition)
• Its commercial warranty
• Its price including VAT
• Availability in stock

3.2. Nature of refurbished products

The products on offer are refurbished electronic devices, that is to say:

• Devices that have been used previously
• Devices that have undergone a refurbishment process (cleaning, testing, repair where necessary)
• Functional and certified devices
• Devices that may show minor signs of wear and tear depending on their grade

3.3. Photographs and descriptions

The photographs and graphics displayed on the Website are provided for illustrative purposes only. They are not contractually binding and do not constitute a commitment on the part of the Seller. The Seller endeavours to provide information that is as accurate as possible but cannot guarantee the accuracy, completeness or timeliness of the information published on the Website.

3.4. Product availability

Products are offered subject to availability. If a Product is unavailable after the order has been confirmed, the Customer will be notified by email as soon as possible.

In this case, the Customer may:

• Either cancel their order and receive a full refund for their purchase
• Or postpone the order to an equivalent product that is in stock
• Either be notified when the Product is restocked

3.5. Compatible parts

Some repairs can be carried out using compatible parts that meet the necessary functional and quality requirements.

3.6. Waterproofing

Refurbished devices are not covered by any water resistance guarantee, even if the model was originally designed to be water-resistant. Customers are advised to avoid exposing the device to moisture or submerging it in water.

3.7. IMEI numbers and subsequent blocking

The Customer is advised that the Seller shall not be held liable for any device reported as lost, stolen or subject to a network lock following delivery, if such a lock was applied after the sale and is beyond the Seller’s control.

4.1. Product prices

The price displayed on the Website is the retail price including VAT applicable on the day the page is viewed. Delivery charges are shown separately before the order is finalised and are added to the total order amount.

4.2. Price changes

The Seller reserves the right to change its prices at any time. However, the price shown on the Website on the day the order is placed shall be the only price applicable to the buyer.

The Products will be invoiced at the rates in force at the time the order is placed, subject to availability.

4.3. Promotions and discounts

The Seller may offer promotions or discounts on certain Products. These offers are valid whilst stocks last and subject to the specific terms and conditions set out on the Website.

Promotional codes, where available, must be entered at the time of ordering and are not applied retrospectively.

4.4. Obvious errors in price, description or availability

In the event of an obvious error in price, description or availability, resulting in particular from a technical fault, the Seller may cancel the order and issue a full refund of the sums paid.

4.5. Gifts, complimentary accessories and promotional products

Gifts, complimentary items or promotional products shall not give rise to any financial compensation in the event of unavailability or replacement with an equivalent product.

5.1. Ordering process

The Customer places an order directly on the Website by following the instructions provided there:

1. Selecting products and adding them to your basket
2. Checking the contents of the basket
3. Entering delivery and billing details
4. Choosing a delivery method
5. Choosing a payment method
6. Final confirmation of the order

5.2. Customer Information

The Customer must provide accurate and complete information when placing an order, in particular:

• Their identity (surname, first name)
• Their valid email address
• Their full and accurate delivery address
• Their billing address (if different)
• Their telephone number (recommended to facilitate delivery)

The Seller shall not be held liable for any delivery errors resulting from incorrect or incomplete information provided by the Customer.

5.3. Acceptance of the Terms and Conditions

Confirming the order will result in:

• Unconditional acceptance of these Terms and Conditions
• A declaration that one is fully aware of these
• Waiver of the right to rely on one’s own terms and conditions of purchase
• Acceptance of prices and descriptions of Products available for sale

5.4. Order Confirmation

The Seller confirms acceptance of the order by sending a confirmation email to the email address provided by the Customer. This confirmation serves as proof of agreement between both parties regarding:

• The subject of the sale (Products ordered)
• The total price of the order
• Terms and conditions of sale (delivery, payment, guarantees)

5.5. Cancellation of an order

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order, or for any other legitimate reason, in particular in the event of an order that is clearly irregular.

6.1. Accepted payment methods

Payment must be made exclusively by:

• Credit card (Visa, Mastercard, American Express) via the secure Stripe platform
• Other electronic payment methods accepted by Stripe

6.2. Payment security

Transactions are secured by the Stripe payment system, which is PCI-DSS Level 1 certified – the highest level of certification for payment security. Bank details are encrypted and are never stored on the Seller’s servers.

The Seller does not retain any of the Customer’s bank details. Payment details are processed directly by Stripe.

6.3. Time of payment

Payment is due immediately upon placing the order. The total amount of the order (Products + delivery charges) is debited when the order is confirmed.

6.4. Invoicing

An invoice is issued for each order and is available in the Customer’s account area, as well as attached to the order confirmation email. The invoice can also be requested by emailing contact@nomophone.com.

6.5. Order verification and fraud prevention

In order to prevent fraud, ensure the security of transactions, protect its customers and comply with its legal obligations, the Seller reserves the right to carry out any checks it deems necessary before accepting, processing, dispatching or delivering an order.

In particular, the Seller may carry out checks on the buyer’s identity, the contact details provided, the billing address, the delivery address, the payment method used, the order history, the consistency of the information provided, and any other factor likely to indicate a risk of fraud or an anomaly.

In the event of a risk of fraud, a suspicion of fraud, an attempt at fraud, identity theft, unauthorised use of a payment method, inaccurate, incomplete or inconsistent information, an inability to verify certain information, abnormal behaviour or any circumstances that could legitimately give rise to doubt as to the validity of the order, the Seller may, without prior notice:

• suspend processing of the order;
• postpone dispatch;
• request any supporting documents or further information;
• refuse certain payment methods;
• require the use of an alternative payment method;
• cancel the order;
• reimburse any sums that may have been received;
• to refuse any future orders from the same customer, user account, email address, postal address, telephone number or payment method, in accordance with the applicable regulations.

The order may remain on hold until the checks deemed necessary by the Seller have been completed or until the supporting documents requested have been provided and approved.

The Customer undertakes to provide accurate information and to respond to verification requests within a reasonable timeframe. Failing this, the order may be cancelled automatically and any sums already received will be refunded via the same payment method used when placing the order.

No compensation, penalty, discount, damages or indemnity may be claimed from the Seller in respect of any delay or cancellation resulting from the application of this anti-fraud clause, unless otherwise required by mandatory law.

Decisions taken as part of the fight against fraud are aimed solely at ensuring the security of transactions and the protection of consumers, payment method holders and the Seller.

6.6. Documents that may be requested

As part of the security checks, the Seller may be required to request, in particular:

• a valid identity document;
• a recent proof of address;
• proof of ownership of the payment method used;
• any further information that may help to confirm the Customer’s identity or the legitimacy of the transaction.

6.7. Suspension in the event of suspected fraud

Where there are serious grounds for suspecting fraud or the fraudulent use of a payment method, the Seller may temporarily suspend fulfilment of the order, request any additional supporting documentation, or cancel the order and issue a refund.

6.8. Security measures and order blocking

In order to protect its customers from fraud, the Seller may suspend an order, delay its dispatch or request further supporting documentation where an anomaly is detected (unusual address, inconsistencies in the information provided, risk of fraud, bank refusal, etc.). No claim for damages or compensation may be made in respect of this security measure.

7.1. Place of delivery

The Products are delivered to the address provided by the Customer when placing the order. This address must be complete and accurate. The Customer may choose a delivery address that is different from their billing address.

7.2. Carriers

Deliveries are carried out by professional carriers selected by the Seller, including:

• Partner carriers by destination
• DHL (for international deliveries)
• Other carriers depending on the destination

7.3. Delivery times

Delivery times are given as a guide and are calculated from:

• The date on which the Seller confirms the order
• And once payment has been received (if payment was not made immediately)

Average delivery times are 24 hours via DHL Express throughout Europe, and may vary depending on the carrier chosen and the destination.

7.4. Delayed delivery

In the event of a delay in delivery beyond the specified timeframe, the Customer may request that the Seller arrange for delivery within a reasonable additional timeframe. The Customer may contact customer services by email at contact@nomophone.com or via their customer account.

If delivery has still not been made by the end of this additional period, the Customer may cancel their order and receive a full refund of the amounts paid, within a maximum of 14 days from the date of the cancellation request.

7.5. Delivery tracking

As soon as the order is dispatched, the Customer receives a tracking number by email, which allows them to track their order on the carrier’s website.

7.6. Receipt and inspection of Products

The Customer must check (or have the person collecting the parcel on their behalf check) the apparent condition of the Products upon receipt, before signing the delivery note. In the case of delivery to a collection point, this check must be carried out at the collection point.

In the event of an apparent fault (missing item, damaged parcel, broken item, etc.), the Customer or their representative must note specific reservations on the delivery note: the number of missing or damaged parcels and/or items, and a description of the damage. Vague wording (‘subject to unpacking’, ‘subject to verification’) is invalid. In the absence of specific reservations, the delivery is deemed to be in accordance with the order and in good condition.

In accordance with Article L.133-3 of the Commercial Code, any claim for damage in transit and/or missing goods must be confirmed by registered letter with acknowledgement of receipt sent to the carrier within three (3) working days of receipt. This period is extended to ten (10) days for a consumer where the carrier has not allowed them to check the condition of the parcel (Article L.121-105 of the Consumer Code). A copy of the claim must be sent to the Seller at contact@nomophone.com or to the address of the registered office.

The Customer shall retain a copy of the delivery note. In the absence of any reservations or claims made within the specified time limit, the Seller shall not be held liable for any damage caused during transport.

7.7. Delivery charges

Delivery charges are payable by the Customer, unless otherwise stated. Delivery may be free of charge for orders above a certain value in mainland France, subject to the terms and conditions set out on the Website. Delivery charges are clearly stated before the order is confirmed.

7.8. Uncollected parcels, refused parcels or incorrect addresses

In the event that a parcel is returned due to non-collection, refusal of the parcel or an incorrect address provided by the Customer, the costs of resending the parcel may be charged to the Customer. If the Customer fails to respond within 90 days, the Seller may treat the order as abandoned and proceed in accordance with the applicable legal provisions.

8.1. Right of withdrawal

In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of 30 calendar days from receipt of the Products to exercise their right of withdrawal, without having to give any reason or pay any penalty.

8.2. Return address and procedures

Returns should be sent to the following address: NomoPhone (Arashev SARL), 19–21 Rue Denis Papin, 51100 Reims, France. Return parcels are not insured by the Seller. If the Customer wishes to insure their parcel, they must take out such insurance at their own expense. The Seller recommends sending the parcel by registered post with acknowledgement of receipt (or with a declaration of value) and keeping proof of dispatch. The Seller accepts no liability in the event of loss, theft or damage to the Product during return transit.

8.3. Return conditions (condition of the Product)

For a return to be accepted, the Products must be returned:

• Complete (including all accessories, instructions and documentation supplied), in their original packaging where possible
• No passcodes: iCloud (Apple) accounts, Google (Android) accounts or any other form of device lock must be disabled before dispatch. Any Product returned with active passcodes may be returned to the Customer at their expense
• In their original condition, without having been used beyond what is necessary to establish their nature, characteristics and functioning

The Seller will check the condition of the returned Products. Normal wear and tear may be accepted; however, impacts, signs of breakage or damage resulting from misuse may lead to a refusal to issue a refund or a deduction from the refund amount.

8.4. Return costs

Returns are free of charge upon the Customer’s request to the Seller.

8.5. Returns procedure

To return a Product, the Customer must:

1. Contact the seller at contact@nomophone.com or via their customer account
2. Please state your order number and the product(s) you wish to return
3. Follow the instructions provided by the Seller regarding the return
4. Dispatch the Product to the address specified in clause 8.2, in the condition specified in clause 8.3

8.6. Refunds

The refund will be made:

• Within a maximum of 14 days of receipt of the returned Products
• Using the same payment method as that used for the original order
• For the total amount paid (Products + initial delivery charges, unless the Customer has chosen a non-standard, higher-cost delivery method)

In the event that Products are returned incomplete, damaged, soiled or in a worse condition than when originally received, the Seller reserves the right not to refund the Customer or to deduct from the refund an amount corresponding to the observed depreciation.

8.8. Liability in the event of depreciation of the Product

In accordance with the provisions of the Consumer Code, the Customer may be held liable for any deterioration in the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

9.1. Statutory guarantee of conformity

In accordance with Articles L.217-4 to L.217-14 of the Consumer Code, the Seller is obliged to guarantee the Customer against any lack of conformity in the goods sold.

The statutory guarantee of conformity applies:

• Irrespective of any commercial warranty that may have been granted
• For a period of 2 years from the date of delivery of the goods
• In the case of lack of conformity that existed at the time of delivery

The Customer may choose between repair and replacement of the goods, unless one of these options would entail a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect.

9.2. Commercial warranty

In addition to the statutory warranty, all refurbished Products come with a 24-month commercial warranty covering:

• Malfunctions
• Defective parts
• Labour for repairs

The duration and terms of the manufacturer’s warranty are set out on each product page and in the order confirmation email.

9.3. Warranty against hidden defects

The Seller also indemnifies the Customer against hidden defects in accordance with Articles 1641 to 1648 of the Civil Code. The Customer has a period of two years from the date of discovery of the defect to take action.

9.4. Enforcement of security interests

To make a claim under the warranty, the Customer must:

1. Contact customer services at contact@nomophone.com or via your customer account
2. Please provide the order number and a description of the fault
3. Follow the instructions provided by customer services
4. Return the product if necessary, at the Seller’s expense

9.5. Exclusions from the warranty

The warranty does not cover:

• Damage caused by a fall or impact
• Damage caused by oxidation or liquid ingress
• Work carried out by an unauthorised third party
• Damage resulting from misuse or improper use
• Consumables and accessories
• Normal battery wear and tear

9.6. Batteries

The batteries in refurbished devices are tested and have sufficient capacity to ensure normal operation. Unless otherwise stated on the product page, the Seller guarantees a minimum capacity of 80 per cent of the battery’s original capacity.

9.7. Data loss

The Customer is advised to back up their data before using the Product. The Seller shall not be held liable for any loss of data resulting from a fault, a reset or any work carried out under the warranty.

12.1. Limitation of the Seller’s liability

The Seller shall not be held liable for:

• Any direct or indirect damage caused to the Customer’s equipment whilst accessing the Website, resulting either from the use of equipment that does not meet the specifications, or from the occurrence of a bug or incompatibility
• Consequential damages arising from the use of the Website (loss of data, loss of opportunity, loss of turnover, etc.)
• Damage resulting from the Customer’s improper use of the Products
• Delays or damage to deliveries for which the carrier is solely liable

12.2. Availability of the Website

The Seller undertakes to secure the Website to the best of its ability. However, the Seller cannot guarantee that the Website will be available or operate without interruption. The Seller may suspend access to the Website for maintenance, updates or any other technical reason, without prior notice or compensation.

12.3. The Customer’s Liability

The Customer is responsible for:

• The accuracy of the information provided when placing an order
• Proper use of the Products purchased
• On the safekeeping and confidentiality of their login details

12.4. Consequential damages

The Seller shall not be held liable for any indirect losses, including, but not limited to, loss of data, loss of business, loss of turnover or any other non-material damage.

13.1. Attempt at an amicable settlement

In the event of a dispute, the Customer and the Seller undertake to seek an amicable solution before taking any legal action. The Customer may contact customer services at contact@nomophone.com with any complaints.

13.2. Consumer mediation

In accordance with Article L.612-1 of the Consumer Code, the Customer may, free of charge, refer the matter to a consumer ombudsman with a view to reaching an amicable resolution of the dispute between them and the Seller.

13.3. Online dispute resolution platform

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, which can be accessed at the following address: https://ec.europa.eu/consumers/odr/

15.1. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties in relation to the subject matter covered by these terms. They supersede and replace any previous provisions.

15.2. Amendments to the Terms and Conditions

The Seller reserves the right to amend these Terms and Conditions at any time. Any amendments shall be binding on the Customer as soon as they are published on the Website. The applicable terms and conditions are those in force on the date of the order.

15.3. Partial invalidity

If any provision of these Terms and Conditions were to be declared invalid pursuant to a law, regulation or court ruling, the remaining provisions shall remain in full force and effect.

15.4. Non-waiver

The fact that the Seller does not, at any given time, rely on any of the provisions of these Terms and Conditions of Sale shall not be construed as a waiver of the right to rely on them at a later date.