("le Vendeur", "nous", "notre" ou "nos") pour certains produits tels que décrits dans les pages de ce site web ("les Produits"). Sous réserve de la clause 4.2 ci-dessous, le prix des produits, les frais de livraison et la taxe sur la valeur ajoutée, le cas échéant, sont indiqués sur le formulaire de commande. Bien que nous fassions tout notre possible pour livrer les produits conformément aux délais de livraison indiqués sur les pages concernées, nous n'acceptons aucune responsabilité pour tout retard de livraison des produits et nous attirons votre attention sur les dispositions de la clause 6 ci-dessous.
En passant une commande et l'achat de marchandises de
Enjoy Phone.com, vous concluez un accord juridiquement contraignant avec nous selon les conditions suivantes. Vous devez lire et comprendre ces conditions car elles affectent vos droits et responsabilités.
Conformément aux dispositions de la protection des consommateurs (conclusion d'un contrat à distance) Règlement 2000, vous avez le droit de se retirer de cette transaction. Les détails de votre droit de rétractation vous seront envoyés avec les marchandises à la livraison et sont exposés dans la clause 9 ci-dessous.
Nous nous réservons le droit, à notre discrétion, de changer, modifier, ajouter ou supprimer des parties de ces termes et conditions à tout moment. Veuillez vérifier régulièrement si des modifications ont été apportées à ces conditions générales.
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1. Interprétation
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1.1 Dans les présentes conditions :
" Conditions " désigne les conditions générales de vente énoncées dans le présent document ;
Contrat " désigne le contrat de vente des marchandises ;
Carte de paiement" désigne la carte de crédit ou de débit ou tout autre système de paiement que vous avez choisi d'utiliser comme mode de paiement des marchandises et dont vous nous avez fourni les détails lors de la passation de la commande ;
Zone de livraison" désigne le Royaume-Uni.
Les "Biens" que vous avez commandés, y compris tout versement de Biens ou toute partie de ceux-ci, peuvent être achetés sur notre site Internet conformément aux Conditions ;
Système d'information" désigne un système permettant de générer, d'envoyer, de recevoir, de stocker ou de traiter de toute autre manière des communications électroniques ;
Commande" désigne toute commande que vous nous avez passée pour la fourniture de marchandises ;
Formulaire de commande " désigne le formulaire de commande électronique que vous avez rempli et soumis par voie électronique ;
Règlement " désigne le Règlement de 2000 sur la protection des consommateurs (vente à distance) ;
Site Web" désigne notre présence sur le Web, actuellement accessible à l'adresse suivante
Enjoy-Phone.com
1.2 Toute référence à un statut ou à des dispositions statutaires est réputée inclure tout amendement statutaire ou toute réadoption de celui-ci ou toute règle ou règlement pris en vertu de celui-ci ou tout instrument abrogeant et remplaçant l'instrument auquel il est fait référence.
1.3 Unless the context otherwise requires
1.3.1 words in the singular include the plural and vice versa;
1.3.2 words in the masculine gender include the feminine and vice versa;
1.3.3 references to persons include bodies of persons, whether constituted or not.
1.4 Unless the context otherwise requires, references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
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2. Basis of Sale
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2.1 We will only sell and you will only buy the products that you have specified in an order and that we have accepted. We reserve the right to reject any order. Each such sale of goods shall be subject to these terms and conditions, which shall govern the contract to the exclusion of all other terms and conditions on which any order is made or purported to be made by you.
2.2 No order submitted by you shall be deemed to be accepted by us unless and until confirmed by us by e-mail or in writing.
2.3 No variation of these Terms shall be binding on us unless accepted by us by e-mail or in writing.
2.4 Any advice or recommendation given on this website or otherwise by us or any of our employees or agents to you regarding the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and therefore we shall not be liable for such advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page of this Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
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3. Commands
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3.1 The quantity, quality and description of the Goods will be as stated in your order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Products are available, the order reflects current prices, you are based in the delivery area and your credit card or account is authorised for the transaction.
3.3
Enjoy Phone is entitled to withdraw from any contract in the event of obvious errors or inaccuracies in the goods appearing on our website.
3.4 You are responsible for the accuracy of the terms of any order submitted by you, and for giving us all necessary information relating to the goods in sufficient time to enable us to perform the contract in accordance with its terms.
3.5 The quantity, quality, description and any specification of the goods are as set out in the relevant pages of this website.
3.6 We reserve the right to make any changes to the specification of the goods which are necessary to comply with any applicable statutory or EU requirement or, where a particular good is not available, to replace the goods ordered with other goods substantially similar in kind and price.
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4. Prices of goods
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4.1 The price of the goods is the price shown on the relevant page of this website. We reserve the right to change the prices shown on this website provided that if we accept an order from you, the price of the Goods will be the price shown in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your order and the date of delivery, we will inform you and ask you to confirm [by email/ in writing] that the new price is acceptable. If it is not acceptable, you will, of course, have the option to cancel the order.
4.3 In addition to the price of the goods, you will be required to pay our freight, packing and insurance costs as set out on the order form.
4.4 The total price includes any applicable value added tax.
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5. Terms of payment
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5.1 By providing us with Payment Card details and submitting the Order, you :
5.1.1 confirm and undertake that the information contained in the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the goods and any other payments that may be due to us under the Contract.
5.2 The deduction of funds from your Payment Card does not mean that we have accepted your order or that a contract has been formed between us. If your order is rejected, we will credit your payment card with the amount deducted.
5.3 If it is not possible to obtain full payment for the goods into your account at the time of delivery of the goods, we may cancel the order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.4 Where you return goods in accordance with your rights under clause 9, we will credit the Payment Card with the appropriate amount.
5.5 We will take all reasonable precautions to ensure the security of all information relating to your order, but we cannot be held responsible for any loss you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing this website or placing an order, unless it is due solely to our negligence.
5.6 We reserve the right to reject any order that we believe is for resale.
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6. Delivery
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6.1 Delivery of the goods will be made by us or our carrier to the delivery address given on the order form. It is important that this address is accurate. Please be specific as to where you wish the goods to be left if you are not present at the time of delivery. We cannot accept responsibility for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
6.2 Whilst every effort is made to ensure that the goods ordered are delivered within the time specified for delivery of those goods on the relevant page and subject to our obligations under the regulations, all dates quoted for delivery of the goods are approximate only and we will not be liable for any delay in the delivery of the goods however caused. Time for delivery is not of the essence of the contract. The goods may be delivered by us before the estimated delivery date. If delivery is delayed due to a cause beyond our control, the delivery date will be extended by a reasonable period and we will contact you to agree an alternative date.
6.3 Customers have two working days to notify us by email of any items missing from their order.
6.4 Goods may, at our discretion, be delivered in instalments. Each delivery is a separate contract and our failure to deliver one or more such deliveries in accordance with these conditions or any claim by you in respect of one or more such deliveries shall not entitle you to treat the contract as a whole as repudiated.
6.5 If we fail to deliver the goods (or any instalment) for any reason other than a cause beyond our reasonable control or your fault, and we are therefore liable to you, our liability shall be limited to the price of the goods.
6.6 If you fail to take delivery of the goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the contract and refund to you the price of the goods less the cost of their delivery and the cost of their return.
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7. Risk and ownership
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7.1 The risk of damage to or loss of the goods passes to you at the time of delivery or, if you wrongfully fail to take delivery of the goods, at the time we or our carrier hand over the goods to you.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, ownership of the goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods. [The goods supplied to you are not for resale].
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8. Warranties and Liability
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8.1 Your statutory rights are not affected by these Conditions.
8.2 Any claim by you that the Goods are defective in quality or condition or do not conform to the specification must (whether or not you refuse delivery) be notified to the Company within 14 days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after the defect or failure was discovered. If delivery is not refused and you do not notify us, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure and you shall be liable to pay the price as if the Goods had been delivered in accordance with the Contract.
8.3 Where a valid claim in respect of any of the Goods based on a defect in the quality or condition of the Goods is notified to us in accordance with these Conditions, we shall be entitled to replace the Goods (or the relevant part) free of charge or, at our sole discretion, to refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
8. 4 EXCEPT FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR OBLIGATION AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF INCOME OR PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR DAMAGE TO REPUTATION, LOSS OF BUSINESS OPPORTUNITY, LOSSES SUFFERED BY THIRD PARTIES ; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE GOODS OR THEIR USE OR RESALE BY YOU AND OUR TOTAL LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT BE LIABLE TO YOU AND SHALL NOT BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING OR FAILURE TO PERFORM ANY OF OUR OBLIGATIONS IN RELATION TO THE GOODS IF THE DELAY OR FAILURE IS DUE TO ANY CAUSE BEYOND OUR CONTROL.
8.6 We do not accept any responsibility for the content of any other website to which this website has links.
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9. Right of withdrawal
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9.1 Subject to the provisions, you will have 14 days after the date you receive the goods to withdraw from the contract and return the goods to us. Subject to the provisions of clause 9.3, you will be responsible for paying the direct costs of returning the goods.
9.2 The right to withdraw from the contract does not affect your statutory rights.
9.3 In the event that we supply you with substitute goods in accordance with the provisions of clause 2, your right of withdrawal shall be the same as set out above, except that the cost of returning the goods shall be borne by us.
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10. Communications
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10.1 Any communication sent electronically by email or otherwise:
10.1.1 shall be deemed to have been sent when it enters an Information System outside the control of the sender of the message;
10.1.2 shall be deemed to have been received by the intended recipient at the time when, in a readable form, it enters an Information System which the intended recipient can access;
10.1.3 shall be deemed to have been sent, in the case of a business, to its principal place of business and, in the case of an individual, to his usual place of residence;
10.1.4 shall be deemed to have been received, in the case of a business, at its principal place of business and, in the case of an individual, at his usual place of residence. ===========
11. General
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11.1 Any communication sent by post will be deemed to have been received by the addressee three days after posting if sent by first class post or five days after posting if sent by second class post.
11.2 No waiver by us of any breach of the Contract by you shall be deemed a waiver of any subsequent breach of the same or any other provision.
11.3 Nothing in the Contract is intended to confer any benefit on, or be enforceable against, any person who is not a party to the Contract (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Terms is held by any court or competent authority to be invalid, illegal or unenforceable in any jurisdiction, in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these Terms and the remainder of the provision in question shall not be affected by, nor shall it affect the validity, legality or enforceability of that provision in any other jurisdiction.
11.5 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
11.6 The headings in these Terms are for convenience only and shall not affect their interpretation.
11.7 You agree that we may use the personal information you provide to us to carry out appropriate anti-fraud checks. The personal information you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
11.8 In exceptional cases, if there is an unusual pattern of returns activity, such as excessive use and return of items, abuse of the returns policy and return of items that do not match what was ordered, we reserve the right to deactivate the account and all associated accounts.
