Premise
The General Conditions of Sale explained below regulate the contractual relationship that is established at the confirmation of the order between a Buyer (who concludes the order on the platform) and a Seller.
Likenewiphone is a trademark of Deemood Italia srl.
Deemood Italia srl (Seller) company based in Rome at viale Giuseppe Mazzini, 4 - 00195 Roma (RM) - P. Iva: 16956851006 is the owner of the Likenewiphone trademark and the www.likenewiphone.com platform.
Whenever, in these general conditions of sale, the following terms appear in capital letters, singular or plural, they will have the following meaning:
Buyer (i) means any natural person of legal age with the ability to perform legal acts, including Consumers. Consumer (i) means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined by Art. 3 (a) of Legislative Decree 206/2005 (Consumer Code).
CGV means these general conditions of sale that govern the relationship between the Buyers and the Seller. Product Sheet means the description of a Product, which shows at least the price including VAT expressed in euros, the description of the main characteristics of the Product, including, in particular, the brand, model and status of the Product. The answers to the FAQ are considered an integral part of the terms and conditions.
With "Seller" we mean Likenewiphone | Deemood Italia srl.
1. Scope of application, acceptance and amendments of the GCS
The GCS have as their object the regulation of the contractual relationship between the Buyer and the Seller deriving from the sale of a Product on the Platform.
The GCS must be accepted, without reservation, by each Buyer before any purchase of Products. The Buyer will take care to read the GCS, to accept them and keep them on a durable medium in order to be able to refer to them if necessary. Refusal to accept the GCS at the time of the order will prevent the Buyer from being able to finalize the order. Furthermore, once the GCS have been accepted, the order has been finalized and the Seller has confirmed the availability of the ordered Product,
The GCS are subject to change. The Buyer is therefore invited to pay attention in reading and accepting the GCS for each order, as the GCS may undergo changes between two subsequent orders. Furthermore, all versions of the GCS are permanently accessible on the Site.
These general conditions of sale govern the contractual relationship between a Buyer and a Seller, deriving from the purchase of a refurbished Product on the Platform (see the definitions of the terms in capital letters in article 2 below).
2. Creation of the customer account
The Buyer who wishes to conclude an order on the www.likenewiphone.com platform must be registered on the site by providing his credentials and creating his own reserved access area. The use of the platform in guest mode is allowed, which excludes the Buyer from the information sent and updated in the reserved area. The conclusion of an order presupposes the unconditional and unreserved acceptance of the GCS.
Creating a customer account can be done before purchase or at the time of purchase. A single customer account allows access to the Platform.
The Purchaser is informed that his surname, first name, date of birth, e-mail address, mobile phone number, address and, for the Purchaser, a legal entity, his company name, the address of the registered office, the number of intra-community VAT number and the surname, name, qualification, e-mail address, telephone number of the natural person who represents him on the Platform, are communicated to the Seller in order to allow him to process the order.
3. Order of Products and payment obligation
In order to purchase a Product, it is necessary to have an active customer account, that is, not closed, or to create a customer account.
The order of Products on the Platform is made at Deemood srl which completes the Product Sheets, and defines the delivery methods and costs.
The user selects the Product (s) he intends to purchase. Then, click on "Add to cart", choose the delivery method and any further conventional guarantee that you intend to use and provide the delivery address. He is then informed of the total amount of his order and of the sales tax (TVA) of the product. If you are not already logged in to your customer account, you are invited to log in to it or create your customer account. The Buyer then takes note of the GCS and, in the case of his first purchase, also of the general conditions of use of the Platform available on the platform. Once the Buyer has read the GCS and the general conditions of use of the Platform, he must accept them. Only then can the Buyer click on the "Proceed to Checkout" icon. The Buyer then chooses the payment method and communicates the information necessary to finalize the payment. Finally, he is invited to click on "Confirm Order", which implies for the Buyer the commitment to purchase with consequent obligation to pay.
Conversely, the Buyer is informed that the sale is not concluded at that time. In fact, in the case of Products that are second-hand goods, the Seller has a period of 24 hours (with the exception of non-working days) to confirm the possibility of fulfilling the order. The sale of the Product (s) is therefore concluded between the Buyer and the Seller when the Seller confirms the availability of the aforementioned Product (s). In case of confirmation of the availability of the Product (s), the sale is concluded and the amount of the order is charged to the Buyer. In the event of unavailability of the Product (s) or failure to confirm availability by the Seller within the aforementioned period of 24 hours, the order is automatically canceled and the sale is considered not completed and the payment is canceled.
Orders placed by a Buyer are independent of each other and if an order concerns the purchase of multiple Products, each purchase is independent of the other. Therefore, if one or more orders have not been confirmed by the Seller, the other Buyer's orders which have been confirmed are not canceled and the Buyer is obliged to pay for the orders which have not been canceled. Similarly, where a single Product contained in an order that also includes others is not available, the order is not canceled and the sale is concluded for the other available Products.
The payment methods available on the Platform are the following: (i) payment by credit card in a single solution through the 3D secure payment system adopted by Likenewiphone | Deemood Italia srl and its payment partner, and (ii) payment with codes (payment, discount or promotional), Payment by Paypal Inc., Payment by bank transfer, Payment by Postepay, Payment in installments through the indicated manager.
Likenewiphone | Deemood Italia srl will collect, through its payment service provider, the price of the orders paid by the Buyer.
4. Delivery and transport costs
The Products presented for sale on the Platform accessible from the website www.likenewiphone .com can be delivered in Italy or in another country of the European Economic Community.
The Products are delivered to the delivery address indicated by the Buyer at the time of the order. Delivery times and methods are specified by the Seller (Deemood Italia srl), who is solely responsible for their full compliance. The ordered Products are shipped and delivered at the risk and peril of the Seller, but the Buyer, through his customer account, can follow the progress of his order and, if he has chosen a delivery method with traceability, the progress of the delivery. .
The delivery date depends in particular on the delivery method chosen by the Buyer. When the Buyer chooses a delivery method, he is notified of a delivery time. Otherwise, the delivery of the ordered Product will take place at the latest within thirty days from the date of conclusion of the sale (see Art. 6.3 above).
Unless otherwise indicated at the time of the order, delivery is subject to a fee. The price of delivery depends on the delivery address and the delivery method chosen by the Buyer. The delivery price is expressed in euros, including VAT, and is communicated to the Buyer before the latter clicks on the "Confirm Order" icon.
Where the Buyer has chosen a delivery method with traceability, he can follow the delivery of the ordered Product directly on the Platform through his customer account and / or on the carrier's website.
Upon delivery of the Product, the Purchaser verifies the good condition of the delivered Product and, in the event of an anomaly (damaged packaging, torn packaging, open packaging, missing or damaged Product), the Purchaser is invited to immediately issue a reservation to the receipt of the Product. The Buyer therefore has 1 working day from the delivery of the Product to declare this anomaly through the Platform.
5. Methods of payment
When purchasing a Product on the Platform, the Buyer can choose to pay with:
Credit / Debit Card
Paypal
Sepa debit
Payment in installments (Klarna)
Promotional codes, gift cards and vouchers
Credit card
Payment by credit card is certainly the fastest and most comfortable method. likenewiphone.com accepts Visa, Mastercard, American Express and Maestro credit cards. You can pay by credit card online by indicating the card number, the expiry date and the 3-digit control code (CVV) found on the back of the card. In the case of 3D Secure, the verification procedure follows those provided by the customer's financial manager and / or by the company that issued the credit note.
The amount is debited from your card only when the goods leave the warehouse of Deemood or a partner. In case of returning the goods, the money will be credited to you.
Security: if after verification the transaction is not secure, likenewiphone.com will proceed to cancel the order.
At no time during the purchase procedure is likenewiphone.com able to know the information relating to the credit card and the credit card number of the buyer or the financial, property and personal information of the customer. This information is in fact transmitted at the time of the Customer's confirmation via a secure connection directly to the bank portal or to the financial company.
Paypal
If you choose to purchase through the Paypal payment methods, at the end of the order, you will be directed to the Paypal login page. The amount relating to the order is charged to the Paypal account at the time the order is acquired. In case of cancellation of the order by both the Customer and in case of rejection of likenewiphone.com, the amount will be refunded to the Customer's Paypal account. Paypal protects the buyer's information by adopting the most advanced security systems.
SEPA debit
Sepa direct debit payment allows you to pay using your IBAN. To use this payment method, simply provide your IBAN at the time of payment, thus authorizing the payment system to withdraw the amount due directly from the account.
Also in this case the bank data (Iban) are not stored in any way by Likenewiphone.
Payment in installments with Klarna
Likenewiphone uses the Klarna system to offer its customers the possibility of paying in installments, postponing them by 30 days or activating a loan. All you have to do to be able to pay in installments is to select "Klarna" as the payment method and follow the few simple steps that will appear on the screen. If Klarna validates your request you will receive a shipping confirmation email with the package tracking code. In this case, the user should carefully read the terms and conditions of the Klarna service set out below.
Payment codes, gift cards and vouchers:
Codes: When purchasing a Product on the Platform, the Buyer can use a payment, discount or promotional code. These codes can be used on the Platform regardless of the country of destination of the order and are valid on all Products offered for sale on the Platform up to their expiration date and with the specific methods of each code. The Buyer can obtain these codes in the context of sponsorship or promotion operations implemented by Likenewiphone | Deemood Italia srl or by third parties.
The nature of the codes: payment codes represent a monetary value (expressed in euros), discount codes represent a percentage discount (%) and promotional codes correspond to a particular offer (for example "theft and breakage insurance offer for 1 year for a minimum purchase "). Each code is subject to the general conditions described below and to specific conditions relating to the nature, value, validity date and conditions of use that the Purchaser must have accepted before purchasing said code or, if he has not purchased, before using the code itself.
General conditions of the codes: Unless otherwise indicated in the description of the codes, (i) the codes cannot be combined with each other (i.e. the Buyer cannot use multiple codes for the same order), (ii) the codes cannot be used for delivery charges unless otherwise stated, (iii) the codes are neither exchangeable nor refundable (i.e. if the Buyer has not used a code before the expiration date or in the event of a refund of the order paid for in whole or in part via a code, the code used for that refunded purchase cannot be reused), (iv) codes with a monetary value can be used multiple times (i.e., the value of the unused monetary code will be credited on the virtual wallet accessible from the Buyer's customer account until the code expiration date) and (v) the codes cannot be used after selecting “validate and pay”.
6. Transfer of Ownership and Risks
The transfer of risks occurs when the ordered Product has been physically delivered to the Buyer or to a third party designated by the Buyer. Due to the Covid-19 emergency, until further notice, the delivery is considered to have been made even if the courier, in observance of the social distancing rules, fails to collect the customer's signature. When the Buyer entrusts the delivery of the Product to a carrier other than that proposed by the Seller, the transfer of risks takes place at the time of delivery of the Product to the carrier.
7. Evaluation of orders
The Buyer can evaluate his Seller and the Products on the Platform. Once the order has been finalized, the Buyer will be able to evaluate the Seller's performance as well as the Product thanks to the evaluation system available on the platform.
8. Communications on the Platform
Communications between the Buyer and the Seller can take place through the platform, in the specific section dedicated to messages, or through their respective E-mail addresses.
Communications relating to the status of the order (payment confirmation, shipment confirmation, order cancellation etc etc) are managed directly from the site.
9. Right of withdrawal
This article of the GCS applies only to Buyers who are Consumers. Buyers who cannot be qualified as Consumers do not benefit from any right of withdrawal.
The Consumer Purchaser can freely withdraw from the contract within 30 calendar days of receiving the order. In the case of an order relating to several Products delivered separately, the term of 30 days starts from the date of receipt of the last of these Products. The day of receipt of the Product will not be counted in this 30-day term and, if the 30-day term expires on a Saturday, Sunday, public holiday or non-working day, it will be extended to the next working day.
To carry out the withdrawal, the consumer or non-professional Buyer must send a formal request clearly indicating that he is carrying out the withdrawal. The Buyer can also use the withdrawal form attached to these GCS or communicate his withdrawal decision by means of a clear and unambiguous declaration, by post to the Seller's physical address or electronically using the Seller's e-mail address reported in the Vendor Card. In order for Likenewiphone | Deemood Italia srl can provide assistance to the Buyer in his request for withdrawal, the Buyer must send a copy of the form duly completed to the following e-mail address: info@likenewiphone.com or to support@deemood.com. The Buyer is informed that only sending the form to Likenewiphone | Deemood Italia srl is not sufficient to validate the withdrawal request.
The Consumer Buyer then has a maximum term of 30 calendar days from the notification to the Seller of his decision to withdraw from the contract to return the Product (s) to the Seller's postal address indicated in the Seller Card, unless the Seller requests the return. to another address communicated by him to the Buyer or proposes to collect the Product (s) himself. The Purchaser must carefully pack the Product (s) he returns to the Seller, but is free to choose the method of sending the Product (s) and whether or not to take out insurance in the event of loss, theft or destruction of his package. Since the Product must be returned in its original condition, the Buyer must also verify that his personal data is removed before any return of the Product and disconnect it from any account that may be linked to the Product. The Seller will not bear any of these expenses or the cost of transport, which will therefore be borne by the Consumer. Even if the Consumer Buyer is advised to opt for a tracked shipment of the package, he is informed that all costs and risks related to the return of the Product (s) to the Seller are borne by the Buyer.
Only Products returned complete and in the conditions in which they were sold will be accepted (i.e., in the conditions described in the Product Sheet, unless the Consumer Purchaser has specified that the Product received was in conditions other than those described in the Product Sheet). .
If all the conditions relating to the exercise of the right of withdrawal are met, the Seller will reimburse the Buyer Consumer the total amount of the order. The reimbursement methods are as follows: (i) where the Buyer has paid in a single payment by credit card, the amount of the order will be credited to the card used, in the manner indicated by the payment partner of Likenewiphone | Deemood Italia srl. In any case, the Consumer Buyer will not have to incur any costs as a consequence of the reimbursement.
The Consumer Buyer is only responsible for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and correct functioning of the Product.
10. General information on the legal guarantee (applicable only to Consumer Buyers)
We remind you that in the context of the legal guarantee of conformity, the Consumer:
for new products, he has two years from the date of delivery of the goods to take action against the Seller, provided he denounces the lack of conformity to the Seller within two months from the date on which he discovered the defect.
For refurbished / used goods sold on the www.likenewiphone.com platform, the warranty is limited to one year.
The seller can choose between the repair or replacement of the ordered Product or an adequate price reduction or the termination of the contract as better specified in Art. 130 of the Consumer Code;
The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover the Product and, except as specified above, it cannot be subject to any limitation.
Compliance: The Seller delivers a Product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery.
In particular, the Product is considered compliant with the contract if (i) it is suitable for the use for which products of the same type are normally used; (ii) corresponds to the description provided by the Seller and possesses the qualities that the latter has shown to the Buyer in the form of a sample or model; (iii) presents the usual quality and performance of a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller , by the manufacturer or its agent or representative, in particular in advertising or on labeling; OR (ii) where it has the characteristics defined by mutual agreement between the parties or is suitable for any special use requested by the Buyer, brought to the attention of the Seller and accepted by the latter.
The lack of conformity which occurs within one (1) month from the delivery of the Product are presumed to exist at the time of delivery, unless proven otherwise. In fact, the Seller can refute this supposition if it is not compatible with the nature of the Product or with the alleged lack of conformity.
Although the Buyer has the right to demand the conformity of the Product with the Contract, he cannot contest the conformity by invoking a defect of which he was aware at the conclusion of the contract (for example, the Buyer cannot invoke the lack of conformity resulting from micro-scratches on the screen where the Product Sheet expressly indicates that the screen contains micro-scratches).
In case of lack of conformity: The Buyer chooses between the repair and replacement of the Product. However, the Seller may not proceed based on the Buyer's choice if the requested remedy is objectively impossible or excessively burdensome compared to the other, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer, as established by Art. 130 of the Consumer Code.
If the repair and replacement of the Product is not possible, the Buyer may, at his option, return the Product and have the price refunded or keep the Product and have a part of the price refunded. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
The application of the guarantee takes place at no cost to the Buyer as long as the Seller does not prove the damage on the part of the Buyer.
Prescription of the action: The action resulting from the lack of conformity is prescribed in 12 months from the date of delivery of the Product.
11. Conventional warranty and after-sales service.
The conventional guarantee will be offered by the Seller free of charge, for a period of 12 months. Pursuant to the conventional guarantee, the Seller undertakes to offer an after-sales service that complies with wider quality criteria than those provided for by the legal guarantees. The Seller also undertakes to collect the non-compliant Product within 24 hours of receiving the information from the Buyer, by providing a return form. An exchange, repair or refund solution is proposed within a maximum of five working days from receipt of the Product by the Seller.
12. Complaints
Complaints relating to a Product or the Seller must be submitted directly to the Seller by the Buyer via the customer account, unless the latter is closed.
For the Buyer whose customer account is active: the Buyer undertakes to make exchanges with the Seller through the customer account.
For the Buyer whose customer account is closed: the Buyer forwards the complaint relating to a Product to info@likenewiphone.com or support@deemood.com, taking care to specify the number and date of the order and Likenewiphone | Deemood Italia srl will then undertake to forward the Buyer's complaint to the Seller and, vice versa, the Seller's response to the Buyer via e-mail.
In any case, the Seller undertakes to respond to the Buyer's complaint within 24 hours. Where the complaint is made through the customer account, the Buyer will be able to follow the progress of the complaint from his account. The Buyer is informed that the Seller is solely responsible for handling his complaint, as well as for the after-sales service and the Products he sells on the Platform. Salesperson.
13. Liability and Limitations of Liability
Deemood Italia srl undertakes to respect the terms of the GCS and not to violate any applicable rule or regulation. In particular, the Seller undertakes to provide truthful and exhaustive information (a) in their description in the Seller Sheet and (b) in their description of the Product in the Product Sheet, and (ii) to ensure the perfect conformity of the Product with the description in the Sheet Product. The Seller is also responsible for compliance with the delivery times and methods indicated. In general, the Seller is solely responsible for dealing with Buyers' complaints, as well as their after-sales service and the Products they sell on the Platform.
Notwithstanding the above, the Seller is not responsible when the Product has been damaged by the Buyer or by third parties after the delivery of the Product and / or when one or more components of the Product have been manipulated by the Buyer. The seller is not responsible in case of use of the Products by a Buyer that exceeds a so-called normal use, that is to say the use of a similar product normally expected by a consumer or a non-professional. Finally, the seller is not responsible in the event of improper use, oxidation, negligence or lack of maintenance of a Product by the Buyer, nor in the event of normal wear and tear of the Product, of an accident occurring after delivery or of force majeure. The Buyer must also verify that his personal data is removed before returning the Product and disconnect him from any account that may be linked to the Product. Claims of malfunction will not be accepted for all Refurbished products if the device has come into contact with liquids. The exclusion also applies to devices that were originally sold as water resistant.
14. Personal data and Cookies
The Buyer's personal data are processed by Likenewiphone | Deemood Italia srl and some of them are transferred to the Carriers. Furthermore, Likenewiphone | Deemood Italia srl uses cookies. The policies regarding personal data and cookies are illustrated in detail on the "Privacy and" Cookies "page.
15. Applicable general conditions of sale
The general conditions of sale applicable to purchases made on the Platform in the various countries may differ slightly from each other, in particular due to the provisions of the national law of the country of destination of the order. Therefore, it is possible that the general conditions of sale of the site www.likenewiphone.com/it/ differ slightly from those of the site www.likenewiphone.com/de/ In this case, the Buyer is required to comply with the general conditions of sale of the site on which the order was placed.
16. Applicable law, dispute resolution and competent jurisdiction
These GCS are governed by Italian law.
In the event of a dispute relating to the formation, conclusion, execution, interpretation or validity of the GCS or the relationship with a Seller, the Buyer and the Seller are invited to take the necessary measures to reach an amicable solution to the dispute.
The Consumer Buyer is informed that, if he so desires, he can resort free of charge to a consumer mediator for the amicable resolution of the dispute in progress with the Seller. In this regard, the Consumer Buyer can use the dispute resolution platform set up by the European Commission free of charge by visiting the site available at the following address https://ec.europa.eu/consumers/odr/main/?event=main.home2 .show.
If the Consumer Buyer did not intend to benefit from the mediation, if the mediation was not successful or in the event of failure of other initiatives possibly taken by the Consumer Buyer to try to reach an amicable solution to the dispute in progress with the Seller, the Consumer Purchaser can appeal to the competent court of his place of elective domicile or residence.
