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General Terms and Conditions of Sale

General Terms and Conditions of Sale

PREAMBLE

The general conditions of sale detailed below (hereinafter "the general conditions") exclusively govern the contractual relationship between the seller, UTOPYA.FR (hereinafter "the Seller"), and the buyer (hereinafter "the Buyer").
The ordering of products presented on the UTOPYA.FR site (hereinafter "the Site") is subject to acceptance by the Buyer, and is acceptance without reservation by the latter, of all the general conditions of sale set out below. These general terms and conditions of sale are binding for the Buyer without regard to particular clauses added by him or her except with the express agreement of the Seller and without regard to advertising documents produced by UTOPYA.FR.
The Seller may need to update these general terms and conditions. They should therefore be reviewed before each visit to the site.
Any modifications to these general terms and conditions are applicable as soon as they are published online on the site but cannot apply to any contracts which have been entered into previously.
The Buyer's acceptance is demonstrated by his or her electronic signature and is confirmed through a "process payment click" in addition to the communication of his or her bank information upon conclusion of payment for his or her order. This electronic signature has equal validity to a handwritten signature between the parties. This two-fold approach equals the Buyer's acknowledgement that he/she has fully understood and approves all the conditions specified below.
UTOPYA.FR invites customers to carefully read the general terms and conditions of sale below before proceeding to any ordering of products featured in the shop.

ARTICLE 1: PURPOSE

These general terms and conditions of sale govern the contractual relations between the company and its customer within the framework of a distance selling system. Both parties accept them unconditionally. These conditions shall prevail over all other conditions. This contract is subject to French law.

ARTICLE 2: IDENTIFICATION OF THE SELLER

The UTOPYA site is the property of UTOPYA, whose headquarters are located at 143 Blvd René Cassin 06200 Nice (ATTENTION: Do not use this address for after-sales service shipments or the return will not be processed),
LLC with capital of €2000, registered with the Lyon RCS under number 791.460.660.

Customer service can be reached via the support tab on the site.

The warehouse is not accessible to customers.

ARTICLE 3: ORDERS

3.1 Orders and payments can only be made using methods available on the site. Payment is to be made upon placement of the order via credit card (Visa, MasterCard, American Express) or bank transfer.
3.2 In the event of payment via bank transfer, the order will only be processed upon actual receipt of funds into the seller's bank account. The Seller's bank information will be communicated to the Buyer at the time of the order. The final confirmation of the order, the reservation of products ordered by the Buyer and the delivery of these products are subject to receipt of payment. Any costs relating to the transfer, whatever their nature or origin, are the sole responsibility of the Buyer.
3.3 Online payment is secured (SSL encryption) through Ingenico (a world leader in online payment solutions). Online payment by credit card results in the reservation of the products ordered by the Customer. In the event of a refusal of the transaction on the part of the payment centres, the Seller reserves the right to suspend the corresponding orders. The Buyer will then be notified via email and will need to contact his or her bank or attempt to resubmit the payment.
3.4 It is up to the customer to ensure the accuracy of his or her order before confirming it. Once payment has been made, no modifications will be accepted (different product, additional products, etc.).
3.5 No payments can be made at the Seller's warehouse and no items or orders can be collected from the Seller's warehouse (including an order for which payment has already been made online).
3.6 For security reasons, no orders will be taken via telephone.

ARTICLE 4: DELIVERY

4.1 Items are delivered to the Buyer's shop or to any address of his or her choice and provided at the time of order. This address can be different from the billing address. For security reasons, no change of delivery or billing address can be made once payment has been made.
4.2 Shipments are made in accordance with the commitments made by the Seller on the dedicated page. No shipping will take place on Sundays or public holidays.
In the event of exceptional circumstances on the part of the shipping company (parcel pick-up problem, strike, etc.), the Seller shall not be held liable for a delay in the shipment of orders.
The Seller allows itself an additional period of 24 hours for the shipment of export orders requiring more significant administrative and customs formalities.
4.3 The prices for shipping include packaging and shipping costs.
4.4 If the Buyer is unavailable when the order is delivered, it is his or her responsibility to retrieve it from the address indicated by the shipping company and according to the procedures specified on the delivery notice left at the delivery address.
4.5 In the absence of retrieval of the delivery within the time limit indicated on this notice or in the event of refusal of delivery by the Buyer, the package shall be returned to the Seller.
The products will then be refunded via an internal credit to the Buyer (except for the initial delivery costs). A handling fee of €11.50 (excluding taxes) will also be deducted from the refunded amount to pay for the return costs charged by the shipping company.
In no event will the Seller offer a second delivery.
4.6 An order's delivery time is determined by the delivery method chosen by the Buyer when ordering. The Seller cannot be held liable in the event of a delay.
In particular, exceeding the stated delivery time shall not result in any cancellation of the order, reduction in the price paid by the Buyer nor any payment for damages once the customer receives his or her delivery within thirty days following confirmation of his or her order. .

ARTICLE 5: UNFORESEEN CHANGES TO DELIVERY

5.1 In the event of an out-of-stock condition affecting an order, the Seller will inform the Buyer at the time of shipment. If this issue with out-of-stock items affects the entire order, the order will be cancelled and the Buyer will be fully refunded.
Otherwise, the out-of-stock product will be refunded to the customer in the form of internal credit which can be used for a future order. A credit note will be created and sent to the customer via email.
5.2 The Buyer is obliged to refuse completely the delivery of a package that has visibly suffered major damage in transport or whose weight would seem to be abnormally low in view of his/her order.
If the Buyer accepts the parcel despite external damage, he/she forgoes the option of requesting a refund for items which were damaged while being transported or which are missing.
5.3 The contents of each parcel must be inspected in the presence of the shipping company's employee and before the parcel is accepted.
If despite this, the Buyer encounters a problem (incorrect or missing item), he/she is required to report it within 24 hours from the date of receipt of the package, by email to customer service.
Each report of non-compliance will be subject to an internal investigation via video surveillance. The Seller reserves the right to close a customer's account in the event of abusive and misleading reporting of the contents of a package.
5.4 The Buyer may not claim a total or partial refund of delivery costs if the delay does not exceed 48 working hours and only if it involves a fault by the carrier.
Exceptional weather events, strikes affecting the carrier and delivery problems involving the customer (unidentified address, absence at the time of delivery...) are not considered as faults attributable to the carrier.
If the refund conditions are respected, the Buyer only needs to make a request by email to the Seller's support service, once the package has been delivered.
5.5 In situations of obvious fraud (package handed over to an unauthorized person, total or partial theft of merchandise...), the customer undertakes to provide all the documents requested by the carrier's insurance before being able to receive full compensation. These documents can range from a sworn statement to the filing of a complaint, depending on the seriousness and amount of the damage. The customer may also be contacted if a complaint is filed by the carrier.

ARTICLE 6: GUARANTEE AND RETURNS

6.1 All spare parts come with a 12-month guarantee from the date of sale, covering any manufacturing defect. This guarantee does not cover problems related to the use of the item or its assembly.
6.2 In accordance with the general terms and conditions of the manufacturers, no SERVICE PACK original part can be returned once it has been installed or stuck on the device.
The Buyer's choice to repair a device made by these manufacturers implies total acceptance of this condition.
6.3 Details of the conditions and the procedures for returns are given on the “Guarantee and After-Sales Service" page.
6.4 The Seller shall not be liable for any return which doesn't comply with the correct procedure.
6.5. The Seller is in no way responsible for the return of defective goods. Any damage or loss of package on a return would be the responsibility of the Buyer. The Buyer must therefore make sure that goods are returned in optimal conditions (choice of delivery company, parcel tracking and/or insurance).
6.6. The return costs are at the customer's expense, whatever the origin of the problem encountered. .
ARTICLE 7: PRICES
7.1 The prices displayed on the site are subject to change, without notice, by the Seller. Net prices are displayed in euros and exclude taxes and delivery costs.
7.2 Prices cannot be changed once the order is placed, even in the event of a price decrease which occurs soon after payment is made for the order.
7.3 Any tax, fee, cost of disposal of EEE waste or other duties payable in France are invoiced in accordance with the regulations in force and are included in the price presented at the time the order is placed.
7.4 In the event of an order to be delivered outside of France, the Buyer must be aware of any customs duties or any other duties or taxes which may be payable in the products' country of delivery. The Buyer is responsible for full payment of these duties and taxes related to the customs clearance of his/her order.

ARTICLE 8: POTENTIAL DISPUTES

8.1 The Seller's total and cumulative liability, whatever the cause, is limited to the amount paid by the Buyer for the order concerned.
8.2 Under no circumstances shall the Seller be entitled to compensation for indirect and/or immaterial or moral damages, in particular financial or commercial damages such as loss of profit, loss of order, operating loss, loss of data, loss of earnings, damage to image, interruption of service, as well as damages of the same nature resulting from a claim against the Seller due to damage suffered by a third party.
8.3 In the event of a defective part, the Seller's liability is limited to the amount paid for the part, even if its assembly has caused collateral damage to the device.

ARTICLE 9: RESERVATION OF OWNERSHIP

9.1 The Seller retains ownership of the goods sold until actual payment of the full price in principal and accessories. The Buyer is therefore prohibited, in the event of incomplete payment, from having access to the products to resell or process them.
9.2 The Buyer undertakes to inform the Seller immediately of any difficulties likely to cause its failure, of any seizures made by third parties on products. These provisions do not preclude the transfer to the Buyer, upon delivery, of the risk of loss and damage to the goods sold and of any damage which it may cause.
9.3 In the absence of (even partial) payment, the Seller is entitled to demand the immediate return of the delivered goods. All the costs of this return shall be the responsibility of the Buyer. It is expressly agreed between the parties that in this event, any deposit paid will be retained by the company as damages.

ARTICLE 10: ACCOUNT REGISTRATION/SUSPENSION

10.1 The UTOPYA site is for the exclusive use of professionals in the repair and sale of telephony, computer and multimedia equipment. The Seller reserves the right to refuse the registration of any customer who does not comply with this point or who does not communicate the documents which would prove his/her professional activity.
10.2 The site is strictly forbidden to individuals or professionals engaged in an activity other than that detailed above.
10.3 Customers agree to keep the Seller informed within 10 days of any change relating to their activity (change of NAF code, suspension of activity...).
10.4 The Seller reserves the right to delete the account of any customer who makes threats, insults or vulgar and degrading remarks towards the company or one of its employees. No prior notice is required for this action. No re-registration will be accepted following this type of suspension.
10.5 The Seller reserves the right to suspend an account that is more than 48 hours in arrears, and to do so until the situation has been resolved.
10.6 The Seller reserves the right to permanently delete an inactive account. An account is considered inactive if no orders have been placed for a period of 90 days. No prior notice is required for this action. The seller reserves the right to refuse the re-registration of a customer whose account has been deleted due to inactivity.

ARTICLE 11 - JURISDICTION CLAUSE

11.1 All disputes relating to the formation, performance and termination of contractual obligations between the parties that cannot be settled amicably shall be subject to the jurisdiction of the Commercial Court of NICE in whose jurisdiction the Seller's registered office is located, regardless of the conditions of sale, the place of order or delivery, and the method of payment accepted (even in the event of an action for breach of guarantee or multiple defendants), although the Seller reserves the right to refer the matter to the Court with territorial jurisdiction where the Customer's registered office is located.
The conferment of jurisdiction is general and applies whether it is a principal claim, an incidental claim, a full hearing or a summary proceeding.
11.2 In addition, in the event of legal action or any other action for debt collection by the Seller, the costs of summons, court costs, as well as lawyer's and bailiff's fees, and all ancillary costs shall be borne by the Customer at fault, as well as the costs related to or arising from the Buyer's failure to comply with the terms of payment or delivery of the order in question.
11.3 This agreement is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.
11.4 The fact that the Seller does not avail itself of any of the clauses of these general terms and conditions of sale at any given time cannot constitute a waiver of these clauses.

ARTICLE 12: PRIVACY

12.1 The seller does not record any personal information allowing identification, except for the forms that the user is free to fill in by opening an account or placing an order.
12.2 The Seller reserves the right to contact any person or company that has voluntarily given its contact information about information, promotions or operations on the site, particularly when placing an order.

ARTICLE 13: CASES OF FORCE MAJEURE

13.1 In addition to the elements usually retained by French jurisprudence, the obligations of the Seller will be automatically suspended in cases of force majeure or the occurrence of events independent of its will or beyond its control, preventing the normal execution of the contract (fire, storm, flood, strikes or industrial action, internal computer failure, suspension of connection...).
13.2 The Seller, upon becoming aware of the event, shall inform the other party as soon as possible of the impossibility of performing the service. In no event can the suspension of obligations invoke liability for non-performance of obligations, nor induce payment for damages or late-payment penalties.
13.3 Once the cause of the suspension of obligations has ceased, the Seller will inform the Buyer of the resumption of its obligations. If the duration of the suspension of service is less than 48 hours, the Buyer will not be able to request a refund of his/her order, which will ordinarily be shipped to him/her.
If this cause continues beyond 48 hours, the contract of sale between the parties will be rendered null and void and any payment made will be refunded.

ARTICLE 14: PROTECTION

14.1 The features of the products offered for sale are presented on the website. Photographs are not contractual and simply show the essential features of the products.
14.2 All the texts and images presented on the site are reserved and protected, for the whole world, by copyright and intellectual property rights. Their reproduction, even partial, is strictly forbidden without the formal agreement of the company. Likewise, any setting up of hypertext links to the site without the express authorisation of the company's legal representative is strictly forbidden.
14.3 The site's design is the property of the Seller and its web agency. Any reproduction, in whole or in part, is strictly prohibited.

Article 15: Resale on marketplaces

15.1 Authorized distribution channel
UTOPYA operates exclusively through a retail distribution channel, intended for physical stores and professionally owned e-commerce websites. The distribution rights granted to UTOPYA by the brands do not include resale on marketplaces. Therefore, products distributed by UTOPYA are not intended for resale on platforms such as Amazon, eBay, Newegg, Walmart Marketplace, or any other electronics-focused online sales channel.
15.2 General brand restrictions
As of today, all brands distributed by UTOPYA explicitly prohibit the resale of their products on marketplaces. This includes, without limitation, Fairplay, Samsung, RhinoShield, Belkin, and Otterbox. No exceptions may be granted without written and explicit authorization from the brand. In the absence of such authorization, any listing, promotion, or sale on a marketplace constitutes a contractual breach and places full responsibility on the reseller.
15.3 Sanctions in case of violation
If a reseller engages in unauthorized marketplace sales, the brand may request UTOPYA to temporarily or permanently suspend the reseller’s account. It may also request the immediate removal of the relevant products from online platforms. Legal or financial actions may be taken against the reseller. UTOPYA also reserves the right to act independently, either preventively or correctively, whenever a violation is identified.
15.4 Authorized resale via proprietary e-commerce sites
These restrictions do not apply to resale via e-commerce websites owned and operated directly by the UTOPYA account holder, provided such websites are not considered marketplaces, that the products are sold under the reseller’s name and direct responsibility, and that brand image is fully respected, particularly in terms of visuals, pricing, and commercial messaging.

Article 16:Pre-owned/Second-hand Devices

16.1. The Pre-Owned range is intended exclusively for reconditioners. They cannot under any circumstances be resold directly to end-users.
16.2. Regarding equipment offered on a Margin VAT basis, UTOPYA calculates VAT on the profit margin before tax of products offered to reconditioners and declares and collects VAT from the French Treasury under the Margin VAT regime. Pursuant to article 297 E of the CGI, no mention of VAT will be made on these invoices. The reconditioner, for his part, independently defines the VAT regime to which he will submit the invoice he sends to his customers in connection with the release of the appliance.
16.3. UTOPYA or its partners carry out a partial inspection of functionalities in order to inform the reconditioner of any spare parts to be replaced. Certain functions such as the network or certain components such as the battery are never tested beforehand. It is therefore essential for the reconditioner to carry out thorough and complete tests before putting the product on the market.
16.4. Regardless of the condition of the device, no repair or reconditioning is carried out by UTOPYA teams.
16.5. The deletion of data is ensured upstream by a partner of UTOPYA.
16.6. The colour of the device and its aesthetic grade are random. The reconditioner can not refuse a device if the colour received does not suit him.
16.7. The reconditioner undertakes to comply with the legislation applicable in the country where the device will be put up for sale. This includes, in particular, full functionality tests to establish that they meet the legal safety requirements and the use that the customer may legitimately expect.
16.8. Pre-Owned devices available on UTOPYA are not subject to any warranty, with the exception of problems detected upon receipt and not indicated on the product sheet, for which a return is possible within 30 days. A defective battery or one with a capacity that prevents the device from being put back on sale cannot be returned under warranty, and its replacement will be at the reconditioner's expense.
16.9. For some devices, UTOPYA reserves the right to require the purchase of the spare parts needed to refurbish the device in the same order as a product bundle.