General Terms and Conditions of Sale
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 implies the unreserved acceptance by the latter, of the entirety of the general terms and conditions of sale set out hereafter.
These general terms and conditions of sale are binding for the Buyer without regard to particular clauses they may add, 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 re-read before every visit to the site. Any modification to the present general conditions is applicable as soon as it is put online on the site, but cannot be applied to contracts concluded prior to that update. The Buyer's acceptance is embodied by their electronic signature, which takes the form of a "click to pay", as well as by the communication of their bank details at the end of the payment of their order.
This electronic signature has the value of a handwritten signature between the parties.
These two steps constitute the Buyer's acknowledgement that they have fully understood and agree to all the conditions specified below.
Therefore, UTOPYA.FR invites customers to carefully read the general terms and conditions of sale below before ordering any of the products featured in the shop.
Article 1. Subject
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. Versions in other languages other than French are for information only, and the original French version shall prevail over any other versions.
Article 2: Identification of the seller
The UTOPYA website is the property of UTOPIA, whose head office is located at 455 Promenade des Anglais - 06200 Nice (Please do not use this address for after-sales service, otherwise the return will not be processed), a SAS with a capital of €100,000 registered in the Nice RCS (Trade and Companies Register) under number 791.460.660
The customer service team can be reached via the support button on the website, from Monday to Friday, 9am to 1pm and 2pm to 6pm.
For security reasons, the company's various facilities are not accessible to the public.
Article 3: Orders
- 3.1 Orders and payments can only be made using methods available on the website. 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 account details will be communicated to the Buyer during the order process. 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 bank transfers, whatever their nature or origin, are the sole responsibility of the Buyer.
- 3.3 Online payment is secured (SSL encryption) via the Banque Postale platform. 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 their bank or attempt to resubmit the payment.
- 3.4 It is the customer's responsibility to check their order before confirming it. Once payment has been made for this order, no modifications can be made (different product, additional products, change of delivery method 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 any orders for which payment has already been made online).
- 3.6 For security reasons, no orders or payments can be made via customer support, whether online or by telephone.
Article 4: Delivery
- 4.1 Items will be delivered to the Buyer's registered office or at any other of their premises. Dropshipping is not allowed and may result in sanctions up to and including the closure of the customer account. 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 at the time the order is placed. No shipping will take place on Sundays or public holidays. In the event of exceptional circumstances ascribable to the delivery company (issues with collecting parcels, strikes, etc.), the Seller cannot be held liable for a delay in the shipment of orders. The Seller is allowed an additional 24 hours for the shipment of export orders which require administrative and customs formalities.
- 4.3 Delivery charges include packaging and shipping costs. For export orders and if the volume of the parcel exceeds the maximum volume indicated at the time of placing the order, additional shipping costs may be invoiced afterwards at the time the order is shipped. In no case may these costs exceed 80% of the actual costs charged by the carrier.
- 4.4 If the Buyer is absent when the order is delivered, it is their responsibility to retrieve it from the address indicated by the shipping company according to the procedures specified by the latter on the note left at the delivery address.
- 4.5 In the absence of retrieval of the delivery within the time limit indicated on this note or in the event of refusal of delivery by the Buyer, the package shall be returned to the Seller. The Buyer will then be refunded for the products in the form of in-house credit (excluding the initial delivery costs). A handling fee of €11.50 (excluding taxes) will also be deducted from the refunded amount to offset the return costs charged by the shipping company.
- 4.6 The time it takes for an order to be delivered depends on the delivery method chosen by the Buyer when they place their order. The Seller cannot be held responsible for any failure on the part of the carrier to comply with the latter's obligations. In particular, the fact that an order is delivered after the stated delivery time cannot give rise to any cancellation of the order, any reduction in the price paid by the Buyer nor any payment for damages, as long as the customer receives their delivery in the thirty days after confirmation of their order.
Article 5: Delivery issues
- 5.1 In the event that an order is affected by an item being out of stock, the Seller will inform the Buyer at the time of shipment. If this stock issue affects the entire order, the order will be cancelled and the Buyer will be fully refunded. Otherwise, the customer will be refunded for the out-of-stock product in the form of in-house 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 must completely refuse to take delivery of a package that has visibly suffered major damage in transport or whose weight would seem to be abnormally low in view of their order. If the Buyer accepts the parcel despite external damage, they forgo 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 (an issue with a product reference or a missing part), they must report it by email to the customer service team within 24 hours of the date of receipt of the parcel. Each report of non-conformity will be the subject of an internal investigation using video surveillance. The Seller reserves the right to close a customer's account in the event of improper and misleading descriptions of the contents of a package.
- 5.4 The Buyer can only claim a total or partial refund of delivery costs if the delay exceeds 48 working hours and only if it involves a fault on the part of the delivery company. The following are not considered to be faults attributable to the delivery company: extreme weather, strikes affecting the delivery company and delivery problems involving the customer (unidentifiable address, absence on delivery, etc.). If the conditions for reimbursement are met, the Buyer simply needs to request this from the Seller's customer support team once the package has been properly delivered.
- 5.5 In situations of obvious fraud (package handed over to an unauthorized person, total or partial theft of merchandise etc.), 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.
- 5.6 All carriers offered on UTOPYA are committed to a quality rate of over 94%. This rate includes both the day of delivery ("24h" or "48h" delivery) and the time of delivery. It is regularly checked by our teams to ensure compliance.
Article 6: Guarantee and returns
- 6.1 The products offered on UTOPYA may have a manufacturer's guarantee. This is indicated on all product sheets and on the sales invoice. 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 original parts can be returned once they have 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. The Seller shall not be liable for any return which doesn't comply with the correct procedure.
- 6.4 If they so wish, the Buyer may request the return of any parts not taken back under guarantee at their own expense. This request must be made at the time of submitting the return form. Unless expressly requested otherwise, refused returns will be destroyed, and the buyer shall refrain from re-selling or returning such items to the supplier.
- 6.5. The Seller is in no way responsible for the return of defective goods. Any damage or loss occurring to a return package is 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. Return costs are to be paid by the customer, whatever the cause 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 All taxes, fees, charges, electric/electronic waste disposal costs and other duties payable in France are charged in accordance with the regulations in force and are included in the price displayed when placing an order.
- 7.4 For orders to be delivered outside France, the Buyer is responsible for finding out about 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 their order.
- 7.5 Discounts are applied in accordance with the loyalty programme, details of which are given on the relevant page. Bundling orders from unrelated customers to benefit from a higher category of discount is not allowed unless they belong to the same entity/person or are part of a common franchise. Supporting documents must be supplied.
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 In no event shall the Seller be entitled to pay compensation for indirect and/or intangible or non-material damages, including, but not limited to, financial or commercial losses such as loss of profit, loss of orders, operating losses, loss of data, loss of earnings, damage to image, interruption of service and damages of the same nature resulting from a claim against the Seller as a result of 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: Retention of ownership
- 9.1 The Seller retains ownership of the goods sold until receipt of payment in full for all goods. The Buyer is therefore prohibited, in the event of incomplete payment, from having access to the products to resell or repurpose them.
- 9.2 The Buyer undertakes to inform the Seller immediately of any difficulties likely to lead to the Buyer ceasing trading and/or any product seizures by third parties. 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 payment, even partial payment, the Seller is entitled to demand the immediate return of the delivered item. 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: Customer account management
- 10.1 The UTOPYA site is for the exclusive use of professionals in the business of 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 provision or who does not provide documents proving the professional nature of their activities.
- 10.2 Individuals or professionals engaged in an activity other than that detailed above are strictly forbidden to access the website.
- 10.3 Customers agree to inform the Seller within 10 days of any change relating to their activity (different NAF/industry code, ceasing trading, etc.).
- 10.4 The Seller reserves the right to delete the account of any customer who threatens, insults or makes vulgar and degrading remarks about 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 suspend 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 suspended due to inactivity.
Article 11 - Jurisdiction clause
- 11.1 Any disputes relating to the creation, execution and termination of contractual obligations between the parties which cannot be settled amicably will be subject to the jurisdiction of the Commercial Court of Nice within whose jurisdiction the Seller's registered office is located, regardless of the terms of sale, the place of order or delivery and the accepted method of payment (even in the event of a third-party appeal or multiple respondents), although the Seller reserves the right to bring the matter before the court which has jurisdiction where the Client'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 personal information which could be used for identification purposes, except for data entered into forms which users freely complete when opening an account or placing an order.
- 12.2 The Seller reserves the right to contact any person or company having voluntarily given their contact information regarding information, promotions or operations on the website, particularly in the event of an order being placed.
Article 13: Force Majeure
- 13.1 Besides the provisions usually mentioned in French legal precedent, the Seller's obligations will be automatically suspended in the event of force majeure or the occurrence of events beyond or outside its control, preventing the usual performance of the contract (fires, storms, floods, strikes or social movements, internal IT failures, interrupted internet connections, etc.).
- 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 result in 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 their order, which should be shipped to them in the usual way. If this problem 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 contractually binding except as regards the essential features of the products.
- 14.2 All rights to texts and images on the site are reserved and protected worldwide by copyright and under intellectual property law. 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. Any reproduction, in whole or in part, is strictly prohibited.
Article 15: Marketplace resale
- 15.1 The resale of Fairplay products on marketplaces is subject to the brand's permission.
- 15.2 The resale of Otterbox and Belkin products on marketplaces is strictly prohibited. We accept no responsibility for any consequences of unauthorised posting.
- 15.3 A suspension of the UTOPYA account may be requested by the brand if a reseller ignores this prohibition.
- 15.4 These restrictions do not apply to resale on e-commerce sales sites held directly by the professional UTOPYA account holder.