The Site is an e-commerce platform, which allows Internet users ('The Buyers') to acquire various accessories for mobile phones and charging solutions site ('Products').
The purpose of these terms and conditions is to define the terms and conditions for the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the site.
The applicable version of the terms and conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to him with his confirmation of order.
These terms and conditions of sale apply to any other general or specific terms not expressly agreed by USBEPOWER.
They may be supplemented, if necessary, by conditions of use specific to certain services offered on the Site, which complement these terms and conditions and, in the event of a contradiction, prevail over the latter.
2. Seller's identity and contact
The Site is operated by USBEPOWER SPRL, registered in the Belgian Business Register under 0655754345, headquartered on Faider Street 15, 1060 Saint-Gilles ('USBEPOWER'), which offers products for sale.
USBEPOWER can be contacted at the following contact details, including any complaints:
Postal address: Usbepower, 49 Avenued'Iena, 75116 Paris, France.
Phone: '33 1 86 95 46 38
3. Legal capacity and acceptance of terms and conditions
3.1 Legal capacity
The Site is accessible:
- To any natural person with the full legal capacity to commit under these terms and conditions. The natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.
- To any legal entity acting through a natural person with the legal capacity to contract on behalf of and on behalf of the legal person.
3.2 Acceptance of terms and conditions
The Buyer's acceptanceof these terms and conditions is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Buyers who do not agree to be bound by these terms and conditions must not place an order on the Site.
4. Registration on the Site
4.1 The placing of the order on the Site requires theBuyer to register on the Site by completing thepurpose of the ormular, at the time ofconfirming his Order basket. Once the registration has been finalized under the conditions described below, theBuyer canfinalize and settle your order.
4.2 In order to register when finalizing his order, theBuyer must provide all the information markedasmandatory. Incomplete registration will not be validated.Once the registration has been validated, the Buyer receives one e-confirmation of his registration.
Registration automatically opens an account in the Buyer's name (the "Account"), giving him access to a personal space (hereinafter: "Personal Space"). This Space allows him to manage his purchases, to consult the history of his orders, to change his information or to set up alerts, in a form and according to the technical means that USBEPOWER deems most appropriate.
The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not misleading.
It undertakes to update this information in its Personal Space in case of changes (including change of postal address), so that it always corresponds to the above criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is valid for proof of his identity. The information entered by theBuyer commits it as soon as it is validated.
4.3 The Buyer can access his Personal Space at any time after identifying himself using his login ID as well as his password.
The Buyer undertakes to personally use his Account and not to allow any third party touse it in its place or onits behalf, except to bear full responsibility for it.
It is equally responsible for maintaining the confidentiality of its username and password,any access to the Site to thelatter's aceis deemed to be carried out by theBuyer.This onemust immediately contactUSBEPOWERcontact information referred to in Article 2 of these if he notices that his Account was used without his knowledge. It recognizes USBEPOWER's right to take appropriate action in such cases.
5. Product Characteristics
Before any order online and in accordance with the provisions of Article L111-1 of the Consumer Code, theBuyer can read, on the Site, the characteristics of each product he wishes to order.
Products are offered for sale online within thelimit of available stocks, or subject to the possibility of ordering them if necessary.
The photographs and descriptions of the products offered for sale online arethe most accurate possible. They only hire USBEPOWER for what is specifically stated. However, the Buyer is informed and accepts that certain characteristics of the Products and in particular their colour may not correspond exactly to the photographs presented on the Site, due to technical constraints.
To place an order, theBuyer must select the product of his choice and place it in his basket.
He can access the summary of his basket at any time until the order is definitively validated and can correct any errors in the seized items.
Once the account is created under the terms of Article 4 or when it has identified itself, the Buyer can validate its order.
The order is deemed to be received by USBEPOWER when it can be accessed.
6.2 Order confirmation
At the end of his order, the Buyer receives bye-mahe a confirmation of it which:
(i) summarizes the items of the order and the time frame for delivery,
(ii) terms and conditions in effect on the day of the order,
(iii) includes the invoice for the order.
The Buyer must ensure that the contact information in his Account is correct and that they allow him to receive the email confirming his order. Failing to receive it, theBuyer should contactUSBEPOWERcontact information mentioned in Article 2.
USBEPOWER recommends that the Buyer keep the information contained in the order confirmation.
Order confirmation is deemed to be received by the Buyer when he can access it.
6.3 Cancelling an order
During the retraction period for Article 9 below, the Buyer can cancel a validated order via a message in the follow-up of his order on his Personal Space.
If the order is being delivered and the Buyer has requested a cancellation, the buyer must refuse the package. If he accepts this delivery, the return of the parcel is at his expense, the refund can then be considered only when USBEPOWER receives the parcel.
7. Price and payment terms
The sale prices of the Products are posted on the Site.
They are shown in euros, all taxes included (French VAT and other applicable taxes).
USBEPOWER reserves the right, at its discretion and on terms of which it will be the sole judge, to offer promotional offers or price reductions.
Prices do not include the delivery costs that may apply to the delivery of the Products, which are charged in addition to the price of these products. The amount of the delivery feeapplicablewill be indicated before the order is validated bytheBuyer.
The applicable price is the one displayed on the Site at the time of the purchaser's order registration.
Warning: Outside the European Union as well as in the DOM-TOM, local customs duties or taxes are likely to be payable and may be charged upon receipt of the parcel by the Buyer, in addition to the price paid to USBEPOWER. These duties and taxes, of which USBEPOWER cannot determine in advance the exact amount and therefore cannot inform the Buyer prior to its order, remain the responsibility of the Buyer, who is solely responsible for the voucher. any declarations and/or formalities related to them.
7.2 Payment terms
The full price of the products is due on order.
Payment can be made online:
o credit card, through the secure online payment service listed on the site,
o by PayPal,
o any other means that will be offered on the Site at the time of order.
The Buyer assures USBEPOWER that it has the necessary authorizations to use the chosen payment method.
USBEPOWER reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to Use of the Site.
Penalties equal to 1.5 times (oneand a halftimes) the French statutory interest rateapplied as of right to unpaid amounts at the first time of the first presentation of a ar's recommended letter.
The purchase invoices will be sent to the Buyer by email when confirming his order. It is canal so access the invoice for his order in his Personal Space.
7.4 Property reserve
USBEPOWER retains full ownership of the Produits sold up tothe perfect receipt of the price, including delivery fee.
8.1 Territory ofs delivery
The Site indicates, for each Product offered for sale, the possible delivery territories for this product.
The delivery of the Products ordered on the Site will be made at the address indicated at the time of the Buyer's order as a "delivery address" (which may be different from the billing address), provided that it is located in the territory of possible delivery for the affected products.
8.2 Delivery modes
Different delivery methods may be possible, depending on the product categories and their weight.
The Buyer is informed before the validation of his order of possible delivery methods for the product ordered as well as the time and cost corresponding to each of these modes.
The Buyer must select the desired delivery method and give all the information necessary for the actual delivery of the Product in this mode.
Proof of delivery to the Buyer by the carrier proves that the delivery has been completed.
8.3 Delivery time
The Site mentions, for each Product offered for sale, indicative delivery times depending on the territories and delivery methods. USBEPOWER guarantees delivery within a reasonable time given the location of delivery and the possibility offeredyoucarriers at the time of order. However, the delivery time indicated by USBEPOWER is an indicative time frameble, anddoes not take into account any delays of the selected carriers.
The actual delivery time will be confirmedto the Buyer in theorder confirmation email.
Failing to deliver within the above time, theBuyer can resolve the order, by letter recommandee avec acknowledgement or in writing on another durable medium, if, after having usBEPOWER, on the same terms, to make the delivery within a reasonable additional time, it did not execute within that time.
The contract is considered resolved upon USBEPOWER's receipt of the letter or written informing it of this resolution, unless it has been executed in the meantime.
If the contract is resolved under the above terms, theBuyer will be reimbursed for all the sums he has paid, including the delivery fee, no later than 14(fourteen)days after the date on which the contract was denounced.
In any case, USBEPOWER reserves the possibility of getting closer to theBuyer in order to offer alternative solutions for reimbursement of the price of the products and the delivery costs.TheBuyerwill have to express explicitly and on sustainable terms its acceptance of the choice of an alternative method of reimbursement.
The Buyer has a period of 14(fourteen) working days, from the date of receipt of the Products ordered, to retract without having to justify reasons or pay penalties, with the exception of the return costs that remain in his charge and which he will have to pay.
The Buyer who wishes to exercise his right of withdrawal must send the retraction form to USBEPOWER at the details mentioned in Article 2 of these attached to these duly completed terms and conditions, or a statement clearly expressing its willingness to retract and containing its order number.
Products must be returned to USBEPOWER dans their original packaging, without excessive delay and no later than 14 (fourteen) calendar days following the communication, by Buyer, his willingness to retract. They must be accompanied by a copy of the corresponding purchase invoice. TheBuyer is deemed liable for the deterioration of the Products upon their return to USBEPOWER.
The Buyer will be refunded in the bestof charge and nolater than 14 (fourteen) days from the actual date of receipt by USBEPOWER of the application retraction of all the sums paid for hisorder,net of the return costs, which remain at the expense of theBuyer.However, USBEPOWER reserves the right to defer this refund until the actual recovery of the Products.
10. Legal guarantees
The Buyer benefits from the legal guarantees of non-compliance as well as because of the hidden defects of the thing sold, including thedefects of compliance resulting fromthe packaging of the products ordered on the Site.
If the Buyer finds that the product delivered to him has a defect, a non-compliance or is damaged, he must notify USBEPOWER at the contact information Article 2 of these, by indicating the nature of the defect, non-compliance or damage found and by sending him any useful proof, including in the form of photographs.
USBEPOWER will arrange with the carrier of its choice the terms of the return, which it will inform theBuyer by any means useful. USBEPOWER will bear the costs of this return.
Products must be returned to USBEPOWER in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of products that do not comply with the terms and conditions described above will not be taken into account.
USBEPOWER will carry out the necessary checks and offer theBuyer the replacement of the product where possible. If the replacement of the product is not possible, USBEPOWER will reimburse theBuyer the full price paid for theproduct as well as the corresponding delivery costs, by any means, as soon as possible and no later than 14(fourteen) days after the date when USBEPOWER informed him of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of compliance, any consumer:
- has 2 (two) years from the time the property is issued to act;
- may choose between repairing or replacing the property, subject to the cost conditions of Section L217-9 of the Consumers.;
- is exempt from reporting proof of the property's non-compliance during the 24(twenty-four) months following its issuance.
It is also recalled that the legal guarantee of compliance applies independently of any commercial guarantees that may be granted.
Any consumer may also decide to implement the safeguard against the hidden defects of the thing soldwithin the meaning of Article 1641 of theCivil Code. In this case, it may choose between the resolution of the sale or a reductionin the sale price coforméed in section1644 of the Civil Ode.
11. Buyer's Bonds
Buyers are solely responsible for their use of Products. It is up to them to verify the adequacy of the Products to their specific needs prior to the purchase of these products.
They must also take the necessary measures to safeguard on their own the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Buyers undertake to do everything possible to receive itsavailability, and to guarantee its availability as to its receipt.
Finally, it is up to the Buyers to take all appropriate measures in order to protect their own data and/or software stored on their computer equipmentand this against any infringement.
12. UsBEPOWER's responsibility
12.1 USBEPOWER undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, USBEPOWER reserves the ability to temporarily interrupt access to the Site for maintenance reasons. Similarly, USBEPOWER cannot be held responsible for the temporary difficulties or impossibilities of access to the Site which would have the origin of circumstances that are external to it, force majeure, or that would be due to disturbances of telecommunications networks.
12.2 USBEPOWER does not provide the Buyer with any guarantee that the Products will be adapted to their needs, expectations or constraints.
12.3 USBEPOWER cannot be held responsible for non-performance or delay in the performance of sales contracts dueto external circumstancesor a case of forcemajeure,being expressly stated that are considered to be cases of force majeure, as defined in Article 1218 of the Civil Code and in addition to those usually retained by the jurisprudence of the Frenchcourts: exceptional weather, natural disasters, fires and floods, lightning, attacks, cases of disruption or blockage of telecommunications networks, means of transport or services including as a result of strikes, damage caused by viruses for which the security means available on the market do not permit their eradication, as well as any legal or regulatory or public order obligations imposed by the authorities that would have the effect of substantially altering these terms and conditions.
12.4 In any event, the liability that may be incurred by USBEPOWER under these cases is expressly limited to the only proven direct damages suffered by the Buyers.
13. Intellectual property
Systems, software, structures, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc. ...) operated by USBEPOWER within the Site are protected by all rights of intellectual property or rights of existing database producers. All disassemblies, decompilations, decryptions, extractions, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the permission of USBEPOWER are strictly prohibited and may be subject to prosecution.
14. Personal data
USBEPOWER has a personal data protection policy, the characteristics of which are outlined in the document entitled "Charter on the Protection of Personal Data" , which theBuyer is expressly invited to read.
USBEPOWER reserves the ability to insert on any page of the Site and in any communication to Buyerss any advertising or promotional messages in a form and under conditions including USBEPOWER will be the solejudge.
16. Third-party links and sites
USBEPOWER cannot be held responsible for the technical availability of internet sites or mobile applications operated by third parties (including potential partners) to which TheBuyer would access via the Site.
USBEPOWER is also not responsible for transactions between theBuyer and any advertiser, professional or merchant (including potential partners) to whom theBuyer would be guided through the Site and cannot be a party to any potential disputes with these third parties, including the delivery of products and/or services, guarantees, declarations and other obligations. to which these third parties are bound.
17. Prohibited behavior
17.1 Strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the site from functioning properly, (ii) any intrusions or attempts to intrusion into USBEPOWERsystems,(iii) all diversions of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to carry infringement of the financial, commercial or moral rights and interests of USBEPOWER orthe users of itsSite, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) breaches of these terms and conditions or applicable laws and regulations.
17.2 It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as the information it contains.
17.3 In the event of a breach of any of the provisions of this section or, more generally, violations of laws and regulations, USBEPOWER reserves the right to take all appropriate measures and to take any legal action.
The Buyer can opt out of the Site at any time, by making a request to USBEPOWER by email, at the contact details mentioned in Article2,or via a contact form accessible on the Site.If this request for opt-out isvalidated, the Buyer receives ae-confirmation email.
The Buyer's Account cannot be deleted when an order is being delivered.
The opt-out is effective within a maximum of 7 (seven) days from this request. It led tothe deletion of the Buyer's Account.
USBEPOWER reserves the ability to change these terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the Buyer's order.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute over the meaning of a term or provision.
The Buyer has the right to use a consumer mediator free of charge for the amicable resolution of any dispute concerning the execution of these proceedings against USBEPOWER, under the conditions of Articles L611-1 R152-1 and following the Consumer Code.
He can contact the following consumer mediator for this purpose:
Centre for mediation and amicable settlement of judicial officers (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
Phone: 01 49 70 15 93
22. Applicable law and jurisdiction
These terms and conditions are governed by French law.
In the event of a challenge to the validity, interpretation and/or enforcement of these terms and conditions, the parties agree that the Paris courts will be exclusively competent to judge them, unless there are compelling rules of procedure to the contrary.
Appendix - Retraction Form
(Please complete and return this form only if you wish to withdraw from the contract.)
Address:49 Avenue d'Iéna, 75116 Paris, France.
Email : email@example.com
I hereby notify you of my retraction of the contract for the sale of the property below:
Ordered on () / received on ()
Signing of the buyer:
(only if this form is notified on paper)
(*) Scratch the unnecessary mention.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.