ARTICLE 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.

ARTICLE2. 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

ARTICLE3. Acceptance of the T&Cs

Legal information relating to the host and publisher of the site, as well as information concerning the collection and processing of personal data, are available in the general conditions of use, legal notices and 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 purchase 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 implies that the customer has the necessary legal capacity. If the customer is a minor or lacks legal capacity, they declare that they have obtained the authorization of their 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 change to the T&Cs, the version in effect will be the one published on the website on the date of the customer's order. It is therefore very important that the customer regularly consults the T&Cs, as changes may occur at any time. This vigilance is essential to be informed of the conditions applicable to each order.

ARTICLE 4. Products

The products offered for sale are those described on the website. Photographs and descriptions are provided for informational purposes only and may vary. Please note that colors may vary slightly due to display settings.

ARTICLE 5. Creation of a customer account

Creating a customer account on this website is optional. In this context, the customer is asked to provide a set of personal information, including their first and last name, email address, postal address, and telephone number. This list is not exhaustive. The customer agrees to provide accurate, complete, and up-to-date information. They are also responsible for updating their data and must inform the seller without delay of any changes.

The registered customer can log in to their account by logging in with their credentials (email address and temporary unique code). This temporary unique code guarantees the confidentiality of the information contained in the "My Account" section. The customer is also responsible for the security of their temporary unique code, which is sent upon login. They must take care not to share it with anyone. 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 data loss 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 not conclusive. The customer may print the customer account pages, but they do not constitute legal proof.

Each customer has the option to close their account at any time. To do so, they must send an email to the seller indicating their deletion request. No data recovery 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, particularly if the customer knowingly provided incorrect information during registration. In addition, any account inactive for more than one year may be deleted. An account will be considered inactive if it has not been used (no connection) during this period. This deletion will not be considered a loss for the customer, who will not be entitled to any compensation. This clause does not exclude the possibility for the seller to take legal action if circumstances warrant 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 contacted by professionals with whom they do not have a contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumption. Any consumer can register for free on this list via the site.

ARTICLE 6. Method of placing orders and description of the purchasing process

ARTICLE 8. Prices

Product prices are expressed in euros and include all taxes (TTC). Delivery is free on all orders, regardless of the purchase amount. Glow Phone reserves the right to change 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 check our prices regularly to be informed of any changes.

The currencies accepted for transactions are only in euros (EUR).

ARTICLE 9. Payment

Payment is due immediately upon order placement. 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 meets the highest payment security standards. We are committed to protecting your personal and financial information.

If there is a problem during payment, such as a payment rejection, your order will not be validated, and you will be notified. You will then be able to try again with another payment method or contact our customer service for assistance.

Once payment is complete, an invoice will be generated and emailed to the customer. This invoice will detail the products purchased, the total amount, taxes applied, and any other relevant information.

ARTICLE 10. Delivery

Delivery method

We offer standard home delivery for all orders. The carriers used are Cainiao and Asendia.

delivery

Delivery typically takes 5 to 7 business days. These delivery times are approximate and may vary due to weather conditions, strikes, or peak periods (such as holidays).

Delivery costs

Delivery is free for all orders under €150, with no minimum purchase. For orders over €150, delivery costs remain free; however, fees may apply due to customs charges and import VAT. By placing your order, you agree to pay these possible fees directly to the carrier upon receipt of the package.

Payment of customs duties and import VAT

By placing your order, you agree to pay these fees directly to the carrier upon receipt of the package. Here's how to do it:

1. Fee Notification : When your package arrives in France, the carrier will inform you of the applicable customs and VAT fees. These fees are calculated based on the value of your order and the current customs rate.

2. Calculation of costs :

• Customs : Customs fees may vary depending on the category of imported goods. The carrier will provide you with an estimate based on the description of your products.
• VAT: In France, the standard VAT rate is 20%. It applies to the total price of the item, including shipping costs, if applicable.

3. Payment Methods: Customs and VAT fees can generally be paid in several ways, depending on your carrier's policies. Options include:

• Credit card : The most common and fastest way.
• Bank transfer : If your carrier accepts it, it may take longer.
• Cash : In some cases, you can pay in cash upon delivery.

4. Receiving the package : Once the fees have been paid, you can collect your package. It is important to keep all receipts and documents relating to payment, as they may be needed for possible claims or to prove VAT payment.

Checking the package

The customer agrees to immediately check the package and contact Glow Phone support if they notice any anomalies. They must then keep photo evidence of the envelope or package, the contents of the order, and the defective product(s).

Note : In the event of non-compliance with this procedure, the customer will not be able to exercise his right of refusal, and the seller will not be required to respond to the request to exercise this right.

Return of package

If the package is returned to the seller, the seller will contact the customer upon receipt of the returned package to discuss the next steps in the order. If the customer has refused the package by mistake, they can request a resend by paying the postage for the new shipment, even if these were offered at the time of ordering.

Delivery error

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 returned must be in its entirety and in perfect condition. Defects due to customer clumsiness will not be attributed to the seller.

Delay in delivery

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, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation 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 all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Lost package

If your package tracking number shows that it has been "delivered" but you have not received it in your mailbox, please follow the procedure below:

1. Notification : Inform us immediately of the situation. Your report will allow us to initiate an investigation with the carrier.

2. Seller Commitment : We are committed to doing everything possible to ensure your satisfaction. This includes:

• • Investigation initiated : We contact the carrier to investigate the delivery.
  • Active follow-up : We will keep you informed of the results of the investigation.

3. Liability : While we will do our best to resolve the issue, we cannot be held liable for lost packages once they have been handed over to the carrier. This limitation is in accordance with our policy and industry practices.

4. Verification : We encourage you to check with your local post office or delivery service to see if the package has been held or if there is additional information regarding its delivery.

5. Refunds : If a package is not received, no refund will be issued while the investigation is ongoing. However, if the investigation confirms a delivery error on the part of the carrier, we are committed to working with you to find a solution, which may include a return of the product or a refund.

Delivery area

We deliver to mainland France.

ARTICLE 11.Right of withdrawal

In accordance with article L221-18 et seq. of the French Consumer Code, the buyer may exercise his right of withdrawal without giving reasons from the moment he receives his order, or from the moment it is made available 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, except for return costs, within fourteen days of Glow Phone receiving 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 that 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 for the returned products. In accordance with Article L221-24 of the Consumer Code. Glow Phone undertakes to reimburse the buyer using the payment method used for the initial transaction or any other means after agreement of the buyer.

The product must be returned in perfect condition and 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, due to its nature, it 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.

It is recommended that the customer return the package using a tracking solution. Otherwise, if the returned package 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.

ARTICLE 12. Reimbursement

We aim to process your refund request within 3 to 10 days of receiving your returned products. Here are the details of the refund process:

Refund conditions

• Return shipping costs : Return shipping costs are your responsibility, unless otherwise stated in our specific terms and conditions. We strongly recommend that you keep proof of postage to facilitate any possible claims.
• Refund method : The refund will be made via the same payment method used for the purchase, within banking deadlines.

Partial refund cases

A partial refund may be applied in the following situations:

1. Missing Products : If any items included in the original purchase (accessories, manuals, etc.) are not returned, the refunded amount will be adjusted accordingly.

2. Late Returns : Returns made after the time specified in our return conditions may also result in a reduced refund.

Non-refund

In certain cases, no refund will be granted:

• Customer Damaged Products : If the product is returned in a damaged condition due to improper handling or misuse, no refund will be issued.

Customer Notice

We recommend checking the condition of the product before returning it and packaging it properly to avoid damage during transport. This will help ensure a full refund.

ARTICLE 13. Product warranty

The legal guarantee of conformity applies to any commercial guarantee offered occasionally.

The consumer may also enforce 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 canceling the sale or a price reduction, as provided for in Article 1644 of the Civil Code. The consumer has two years from the discovery of the defect to take action.

The limitation period may not exceed twenty years from the date the right arose, 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 French Consumer Code, a good is in conformity with the contract if it meets the criteria of description, intended use, accessories supplied and updates. Any lack of conformity appearing within 24 months of delivery is presumed to have existed 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, the consumer 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 for the purchase, without additional costs.

Guarantee against hidden defects

In the event of non-compliance with a delivered product, the consumer may return it to the seller, who will exchange it. If an exchange is not possible (obsolete product, out of stock, etc.), the customer will be refunded via the same payment method used when ordering. The costs associated with the exchange or refund procedure, including return shipping costs, will be borne by the seller.

After-Sales Service Contact Details

For any warranty or after-sales service inquiries, please contact our team:

• Email : contact@glowuptonphone.com
• Address : 11 avenue Paul Verlaine, 38100 Grenoble, France.

Warranty Exclusions

Legal guarantees do not apply in the following cases:

• Normal Wear and Tear : Damage caused by normal wear and tear of the product is not covered.
• Improper handling : Defects resulting from improper use, negligence or modification of the product by the customer will not be covered.
• Non-returnable products : Sold, personalized or opened items are not eligible for refund or exchange, except in the case of a manufacturing defect.

ARTICLE 14. 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.

ARTICLE 15. Liability

The seller, Glow Phone, undertakes to fulfill its contractual obligations, but cannot be held liable for non-performance of the contract due to an event of force majeure. Force majeure includes, but is not limited to, the following events:

• Natural disasters (floods, earthquakes, storms)
• Armed conflicts, riots or civil unrest
• Pandemics or epidemics
• Interruption of telecommunications networks or energy supply

Limitation of liability

Glow Phone declines all liability for indirect damages, including operating losses, loss of profits, and expenses that may result. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial inability to use the products, in particular due to material incompatibilities, will not give rise to any compensation, reimbursement, or questioning of the seller's liability, except in the following cases:

• Proven hidden defect : If a hidden defect is found in accordance with the legal guarantee.
• Non-conformity : In the event of non-conformity of the product with the description provided at the time of purchase.
• Defect : If the product has defects making its use impossible or dangerous, in accordance with current legislation.
• Right of withdrawal : As part of the exercise of the right of withdrawal, as indicated in article L121-21 of the Consumer Code.

Risk recognition

The customer expressly acknowledges that they use the site at their own risk and under their sole responsibility. Under no circumstances shall Glow Phone be held liable:

• 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 external links or sources accessible from the site.

Product Features

Glow Phone also 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. However, Glow Phone undertakes to provide accurate information and to correct any reported errors as quickly as possible.

ARTICLE 16. Applicable law and mediation

These General Conditions of Sale (GCS) are governed by French law.

Disputes

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 website publisher for consideration 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.

Competent jurisdiction

• For individual customers : Unless otherwise provided by public policy, any legal action relating to the execution of the General Terms and Conditions must be brought before the competent courts of the applicant's place of residence.
• For professional clients : Any legal action relating to the execution of the General Terms and Conditions must be brought before the Commercial Court of Paris, unless otherwise agreed between the parties. The parties may choose another jurisdiction if they so agree in their contract or agreement.

Consumer mediation

In accordance with Article L152-1 of the Consumer Code, it is recalled that "every consumer has the right to use a consumer mediator free of charge to amicably resolve the dispute between him 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.

Designated Mediator

For any request for mediation, the consumer can contact the designated mediator:

• Consumer mediator :

Name: ANM CONSUMPTION

Website: https://www.anm-conso.com/

Contact: contact@anmconso.com

Address: Consumer Mediation ANM Consommation 02 rue de Colmar 94300 Vincennes.

The customer can visit the European platform for online dispute resolution for consumer disputes at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

ARTICLE 17. Data protection

Collection and Use of Personal Data

In accordance with French law and the General Data Protection Regulation (GDPR), the seller is committed to protecting the privacy of site users. Personal data collected during use of the site is treated confidentially and is only used for the purposes for which it was collected.

For more information on how we process your data, you can consult our Privacy Policy .

ARTICLE 18. Intellectual Property Rights

All elements of this site, including but not limited to logos, text content, images, photographs and videos, belong to the seller or to third party agents, or are used by the seller with the authorization of their owners.

Prohibition of reproduction
Any reproduction, representation or adaptation of the presumed elements without prior authorization is strictly prohibited and constitutes an infringement, punishable by civil and criminal sanctions.

Penalties for counterfeiting
Any customer found guilty of counterfeiting may have their account deleted without notice or compensation, and this deletion may not be considered a detriment to them. Furthermore, the seller reserves the right to take legal action against them, as well as their agent, if necessary.

Brand

The "Glow Phone" trademark is registered with the INPI (National Institute of Industrial Property). Any person making representations, reproductions, imbrications, distributions or redistributions of this trademark is liable to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

The seller reserves the right to assert its rights in the event of unauthorized use of its elements protected by intellectual property.

ARTICLE 19. Independence of clauses

ARTICLE 20. Modifications to the T&Cs

The seller reserves the right to modify the General Terms and Conditions of Sale (GTC) at any time by publishing a new version on the website. The GTC applicable to the customer are those in effect on the day of the order.

Notification of changes

To ensure transparency and clarity, the seller undertakes to notify customers of any significant changes to the T&Cs. This notification will be made by the following means:

• Email : Sending an email to customers who have an account on the site or have subscribed to email marketing.
• Dedicated section : Updated the "Changes to the T&Cs" section to explain important changes.

The customer is invited to regularly consult the General Terms and Conditions and to be aware of any modifications. By continuing to use the site after the publication of modifications, the customer accepts the new conditions.

 

Legal notices

1. 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

Manager: Emilie CARRON

4. Host

Host Name: Shopify Inc.
Address: 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada

+1-613-241-2828

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