General Conditions of Sale (GCS) and Legal Notices
1. Introduction
These General Terms and Conditions of Sale (GTC) govern all transactions related to the purchase of smartphone cases on the website www.glowuptonphone.com . They apply to all orders placed on this platform, thus ensuring transparency and a clear understanding of the rights and obligations of the parties involved.
2. Identification of the publisher
- Publisher Name : Glow Phone
- Address : 11 avenue Paul Verlaine, 38100 GRENOBLE
- Email address : contact@glowuptonphone.com
- RCS number : 940 926 702 RCS Grenoble
3. Acceptance of the T&Cs
Legal information relating to the host and publisher of the site, as well as that concerning the collection and processing of personal data, are available in the general conditions of use, the legal notices and the data charter of this Site.
The site offers online sales of smartphone cases.
Access to the site is free and open to all customers. The acquisition of a product or service implies the unreserved acceptance of these General Terms and Conditions of Sale (GTC) by the customer, who acknowledges having read them.
Acceptance of these General Terms and Conditions assumes that the customer has the necessary legal capacity. If the customer is a minor or does not have legal capacity, he declares that he has obtained the authorization of his guardian, curator or legal representative.
The customer acknowledges the evidentiary value of the seller's automatic recording systems. Unless proven otherwise, the customer waives the right to contest these recordings in the event of a dispute.
In the event of a modification of the T&Cs, the version in force will be the one published on the site on the date of the Customer's order. The Customer is therefore recommended to consult the T&Cs regularly.
4. Products
The products offered for sale are those described on the site. The photographs and descriptions are provided for information purposes only and may vary.
5. Creation of a customer account
The creation of a customer account on this site is optional. In this context, the customer is invited to provide a set of personal information, including his/her name, first name, email address, postal address and telephone number. This list is not exhaustive. The customer undertakes to provide accurate, complete and up-to-date information. He/she is also responsible for updating his/her data and must inform the seller without delay of any changes.
The registered customer can access his account by logging in with his identifiers (email address and temporary code). This temporary code guarantees the confidentiality of the information contained in the "My account" section. The customer is prohibited from transmitting it to a third party. In the event of disclosure, the seller cannot be held responsible for unauthorized access to the customer's account.
The customer account allows the customer to view all of their orders placed on the site. In the event of loss of data in this section due to a technical breakdown or force majeure, the seller cannot be held liable, as this information is for informational purposes only and is not conclusive. The pages relating to the customer account may be printed by the customer, but they do not constitute legal proof.
Each customer has the possibility to close his account at any time. To do so, he must send an e-mail to the seller indicating his request for deletion. No recovery of data will be possible after deletion.
The seller reserves the right to delete a customer account in the event of non-compliance with these General Terms and Conditions, in particular if the customer knowingly provided incorrect information when registering. In addition, any account that has been inactive for more than a year may be deleted. This deletion will not be considered as damage to the customer, who will not be able to claim any compensation. This clause does not exclude the possibility for the seller to take legal action if the circumstances justify it.
The customer can register for free on the BLOCTEL telephone canvassing opt-out list ( www.bloctel.gouv.fr ) in order to no longer be canvassed by professionals with whom he has no contractual relationship, in accordance with law n°2014-344 of March 17, 2014 relating to consumption. Any consumer can register for free on this list via the site.
6. Method of placing orders and description of the purchasing process
The products and services offered are those listed in the catalog published on the site. Each product is accompanied by a description established by the seller based on the descriptions provided by the supplier.
Below, the term "Basket" will be defined as the intangible object grouping together all the products or services selected by the customer of the site with a view to a purchase by clicking on these elements. In order to proceed with his order, the customer chooses the product(s) he wishes to order by adding them to his "Basket", the contents of which can be modified at any time.
As soon as the customer considers that they have selected and added to their basket all the products they wish to purchase, they will have the option, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the products ordered, as well as their unit price.
The customer will then be redirected to a page where he will have to fill in the order form fields. In this case, he will have to provide a certain amount of personal data concerning him, necessary for the smooth running of the order.
All orders placed on the site must be duly completed and must specify this necessary information. The customer may make changes, corrections, additions, or cancel the order, until its validation.
Once the customer has completed the form, he will then be invited to make his payment using the payment methods listed in the section of these T&Cs relating to payments. After a few moments, the customer will be sent an order confirmation email, reminding him of the content of the order and its price.
The products sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
7. Price
Product prices are expressed in euros and include all taxes (TTC). Delivery costs, if applicable, will be added to the total amount of the order at the time of purchase validation. Glow Phone reserves the right to modify its prices at any time, without notice, while guaranteeing that the prices applied will be those in effect at the time of the order. We advise you to regularly check our prices to be informed of any changes.
8. Payment
Payment is due immediately upon placing the order. We accept the following payment methods: credit cards (MasterCard, Visa, American Express), as well as digital payment solutions such as Apple Pay, Shop Pay and PayPal.
All transactions are secured through an online system that complies with the strictest payment security standards. We are committed to protecting your personal and financial information. For any questions regarding payment terms, our customer service is at your disposal.
9. Delivery
Delivery Times: Generally, delivery takes between 5 to 7 working days. These times are indicative and may vary due to weather phenomena, strikes or busy periods (such as holidays).
Shipping costs : Shipping is free for all orders under €150, with no minimum purchase. For orders over €150, fees may apply due to customs costs and import VAT. By placing your order, you agree to pay these possible fees directly to the carrier upon receipt of the package.
Delivery Method: We do not offer standard home delivery for all orders.
The customer agrees to immediately check the package and contact Glow Phone support if he notices any anomaly. He must then keep photo evidence of the envelope or package, the contents of the order, and the defective product(s). Failure to comply with these requirements will result in the customer not being able to exercise his right of refusal, and the seller will not be required to comply with the customer's request to exercise his right of refusal.
If the customer's package is returned to the seller by the Post Office or other postal service providers, the seller will contact the customer upon receipt of the returned package to ask what to do with their order. If the customer has mistakenly refused the package, they may request that it be resent by paying the postage costs for the new shipment in advance. Postage costs must be paid even for orders for which postage was free when the order was placed.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the customer is a consumer and the contract entered into to return the product or service allows for withdrawal), any product to be collected or refunded must be returned to the seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the customer cannot be attributed to the seller.
Any delay in delivery compared to the date or time indicated to the consumer customer when ordering or, in the absence of an indication of a date or time when ordering, more than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the consumer customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the seller to make the delivery he has not complied. The consumer customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was issued, for the full amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Special case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox, if the customer notices and informs the seller that the package is not in his mailbox, the seller undertakes to do everything possible to ensure the customer's satisfaction upon delivery. However, he cannot be held responsible for the loss of packages once they have been handed over to the carrier. In the event of non-receipt of a package, in particular if it has not been found in the customer's mailbox, no refund will be made. We encourage our customers to check with their local post office or delivery service in the event of a reception problem. For any questions or assistance, our customer service remains at your disposal.
10. Right of withdrawal
In accordance with article L221-18 et seq. of the Consumer Code, the buyer may exercise his right of withdrawal without providing reasons from the receipt of his order, or from the making available of the order to the third party of his choice.
He will be required to return any product that does not suit him and request a refund without penalty, with the exception of return costs, within fourteen days of receipt by Glow Phone of the refund request.
In accordance with article L221-28 of the consumer code, the buyer will not be able to exercise his right of withdrawal for certain products and in particular for:
– Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Subject to compliance with the present conditions in terms of time, condition of the products and terms of return of the products, the buyer will obtain a refund of the returned products. In accordance with article L221-24 of the consumer code. Glow Phone undertakes to reimburse the buyer according to the method of payment used for the initial transaction or any other means after agreement of the buyer.
The product must be returned in perfect condition, unused. If applicable, it must be accompanied by all its accessories. It is understood that the customer will bear the cost of returning the product in the event of withdrawal, as well as the cost of returning the product if it, due to its nature, cannot normally be returned by post.
If the above obligations are not fulfilled, the customer will lose his right of withdrawal and the product will be returned to him at his expense.
The customer is advised to make the return using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the seller, it will not be possible to launch an investigation with the postal services to ask them to locate it.
The seller also reserves the right to defer reimbursement until receipt of the product or as long as the customer has not demonstrated that he has shipped the product, if such demonstration has not previously taken place.
In the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s), the customer may be held liable.
In accordance with article L121-17 of the Consumer Code, (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Withdrawal form
Letter to be sent by registered mail with acknowledgment of receipt to the seller.
First and last name of the consumer
His address
Postal Code - City
Recipient: First name and last name of the professional seller
Recipient's (seller's) address
Postal Code - City
At ..., on ... (date of letter)
Madam, Sir,
On ..., I ordered ... (description of the item) which you delivered to me (or which I received) on ... (date).
In accordance with article L. 221-18 of the consumer code, I exercise my right of withdrawal.
Consequently, I ask you to kindly return to me as soon as possible and at the latest within 14 days following receipt of this letter, the sum of ... euros that I paid you when I placed my order, in accordance with the provisions of Article L. 221-24 of the Consumer Code.
Please find attached (indicate the returned item) that I am returning to you.
You can optionally add:
Otherwise, I would be forced to initiate criminal proceedings against your company.
Please accept, Madam, Sir, the expression of my distinguished sentiments.
Signature
11. Reimbursement
We undertake to process your refund request within 3 to 10 days from receipt of the returned products. Return costs are your responsibility, unless otherwise indicated in our specific conditions. We strongly recommend that you keep proof of sending in order to facilitate any possible claim. The refund will be made via the same payment method used for the purchase, in compliance with banking deadlines.
12. Product warranty
The legal guarantee of conformity applies to any commercial guarantee offered occasionally.
The consumer may also implement the warranty against hidden defects, in accordance with Article 1641 of the Civil Code, unless the seller stipulates that he will not be bound by this warranty. In the event of a defect, the buyer may choose between the resolution of the sale or a reduction in the price, as provided for in Article 1644 of the Civil Code. The consumer has two years from the discovery of the defect to act.
The limitation period may not exceed twenty years from the date of the right, in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees:
Legal guarantee of conformity
In accordance with Articles L217-4 et seq. of the Consumer Code, a good is in conformity with the contract if it meets the criteria of description, intended use, accessories provided and updates. Any lack of conformity appearing within 24 months of delivery is presumed to exist at the time of delivery.
In the event of a defect, the consumer has the right to demand compliance by repair or replacement. If this proves impossible, he may request a price reduction or termination of the contract. Compliance must be carried out within a reasonable time and at no cost to the consumer, who may also withhold payment until the seller has fulfilled his obligations. The seller may refuse compliance if this is impossible or entails disproportionate costs, and any refusal must be justified in writing.
The reimbursement of the amounts owed to the consumer is made within 14 days following receipt of the returned goods, by the same means of payment used during the purchase, without additional costs.
Guarantee against hidden defects
In the event of non-conformity of a delivered product, the consumer can return it to the seller, who will proceed with an exchange. If the exchange is impossible (obsolete product, out of stock, etc.), the customer will be reimbursed via the same means of payment used when ordering. The costs related to the exchange or refund procedure, including return shipping costs, will be borne by the seller.
13. Parts Warranty
The parts warranty is valid for 30 days from the date of purchase, subject to normal use and excluding failures caused by external factors. In this context, the seller undertakes to replace any defective part recognized as such.
To benefit from this warranty, the consumer must provide proof of purchase and report the defect within the specified time frame. This warranty does not cover damage resulting from misuse, neglect or unauthorized modifications to the part.
14. Liability
The seller, Glow Phone, cannot be held responsible for the non-performance of the contract due to a force majeure event. With regard to the products purchased, Glow Phone declines all responsibility for indirect damages, including operating losses, profits, as well as costs that may result from them.
The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to material incompatibilities, may not give rise to any compensation, reimbursement or questioning of the seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or in the context of the exercise of the right of withdrawal if applicable, in accordance with article L121-21 of the Consumer Code.
The customer expressly acknowledges using the site at his own risk and under his sole responsibility. Under no circumstances can Glow Phone be held responsible:
- Any direct or indirect damage, including loss of profits, loss of earnings, or loss of customers and data resulting from the use of the site, or the inability to use it.
- From a malfunction, unavailability of access, misuse, incorrect configuration of the customer's computer, or the use of an uncommon browser.
- Content of advertisements, as well as links or external sources accessible from the site.
Glow Phone cannot be held liable if the characteristics of the products differ from the visuals presented on the site, or if these are incorrect or incomplete.
15. Data protection
We are committed to respecting your privacy and protecting your personal data. The information we collect is exclusively intended for processing your orders and improving our services. We guarantee the security of your data and will never share it with third parties without your consent, except in cases provided for by law. For more details on how we process your data, we invite you to consult our privacy policy: https://www.glowuptonphone.com/policies/privacy-policy
16. Independence of clauses
If any provision of the current Terms and Conditions of Sale (GTC) is found to be unlawful, void, or otherwise unenforceable, then that provision will be deemed severable from the GTC and will not affect the validity and enforceability of any remaining provisions.
These T&Cs supersede all prior or contemporaneous agreements, whether written or oral. Furthermore, the T&Cs may not be assigned, transferred or sublicensed by the Customer.
A printed version of the T&Cs, as well as of all notices issued in electronic form, may be requested in the context of legal or administrative proceedings relating to these T&Cs. The parties agree that all correspondence relating to the T&Cs must be written in French.
17. Applicable law and mediation
These General Conditions of Sale (GCS) are governed by French law.
Unless otherwise provided for by public policy, any dispute that may arise in the context of the execution of the General Terms and Conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement.
It is important to note that requests for amicable settlement do not suspend the time limits for initiating legal action. Unless otherwise provided by public policy, any legal action relating to the execution of these General Terms and Conditions must be brought before the competent courts of the applicant's place of residence.
Consumer Mediation
In accordance with Article L152-1 of the Consumer Code, it is recalled that "any consumer has the right to use a consumer mediator free of charge to amicably resolve the dispute between them and a professional". To do this, the consumer can also use the European online dispute resolution (ODR) platform accessible at the following address: ODR Platform . To this end, the professional guarantees the consumer effective access to a consumer mediation system."
For any request for mediation, the consumer can contact the designated mediator, whose contact details will be provided upon request.
18. Modifications to the T&Cs
The seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the site. The T&Cs applicable to the customer are those in force on the day of their order on the site.
Legal notices
- Publisher Identity
Legal form: Sole proprietorship
Company Name: Glow Phone
Company identity: CARRON EMILIE EI
Head office: 11 avenue Paul Verlaine, 38100 GRENOBLE
Email address: contact@glowuptonphone.com
Phone: 0782397958
2. Registration number
RCS registration number: 940 926 702 RCS Grenoble
Intracommunity VAT: FR 93940926702
VAT exemption
3. Publication Director
Responsible: Emilie CARRON
4. Host
Host Name: Shopify Inc.
Address: 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada
5. General Conditions of Sale (GCS)
The General Conditions of Sale are available at the following address: https://www.glowuptonphone.com/pages/conditions-generales-de-vente-cgv
6. Protection of Personal Data
We respect your privacy and are committed to protecting your personal data. For more information, please see our privacy policy: https://www.glowuptonphone.com/policies/privacy-policy