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Terms & Conditions

Terms of Sale

Last updated on [21/01/2021]

Welcome and thank you for your trust. Below are the General Conditions of Sale that are applicable to the website www.VKNGjewelry.com.

 

  • DEFINITIONS

Capitalized terms throughout this document refer to the following:

The "Company" refers to the company BLGD Enterprise, whose registered office is located at 21 boulevard Kraëmer 13014 Marseille, and is registered in the Trade and Companies Register under number 850468331 00010, and whose intra-community VAT number is FR 37 850468331.

The "Site" means the website(s) accessible from the URL link www.VKNGjewelry.com and all of the sites published by the Company to present and sell its Products.

The "User" refers to any person browsing the Site.

The "Product" designates any type of material product sold online on the Site, and in particular jewelry, decoration and fashion accessories.

The "Order" means any purchase of a Product by the Customer from the Company via the Site.

The "Customer" means the natural or legal person, professional or not, purchasing a Product from the Company on the Site.

The "General Conditions of Sale" or "GTC" refers to these general conditions of sale, applicable within the framework of the contractual relationship between the Company and its Customers, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.

"Identifiers" means the username and password provided by the Company to the Customer so that they can access, via the Site, their personal space.

The “Partner” designates any professional partner with whom the Company has a business relationship or to whom the Company may call upon in the context of the sale of a Product and to whom the Customer could be directed as part of his Order.

 

  • FIELD OF APPLICATION

2.1. Object.These T&Cs govern the sale of any Product to a User on the Site, which includes the conditions of use of the Site made available by the Company.

2.2. Capacity.Any use of the Site to place an Order implies acceptance of and compliance with all the terms of these GTC. The Customer declares to be of legal age and able to contract under the law of their country or declares to represent, by virtue of a valid mandate, the person for whom they are placing the Order.

2.3. Access to the GTC.The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, prior or future. They take effect from the date of update indicated at the top of this document. The T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales by means of other distribution and marketing channels for the Products.

2.4. Acceptance of the GTC.The Customer declares to have read the GTC and to have accepted them before any Order, which implies unreserved acceptance of these general conditions of sale.

By this acceptance, the Customer acknowledges that, prior to any order, they have received sufficient information and advice from the Company on the Site, allowing them to ensure that the content of their order meets their needs. These T&Cs constitute all of the rights and obligations of the parties within the framework of the contractual relationship.

Unless proven otherwise, the data recorded by the Site constitutes proof of all the facts, acceptance and transactions.

2.5. Scope of the GTC.The Customer may request a copy of the version of the T&Cs applicable to their Order at any time. No specific condition, at the initiative of the Client, may be added to and / or substituted for these. The Company reserves the right to provide for special conditions for the sale of certain Products, special offers, special guarantees, etc. which are provided to the Customer before the Order. The fact that the Company, at any given time and for any reason whatsoever, does not invoke a breach by the Client of any of the obligations contained herein, cannot be interpreted as a waiver of use it for the future.

 

  • CHARACTERISTICS OF THE PRODUCTS

The Customer can refer to the presentation of the Product on the Site, which is the subject of a summary on their Order page and in the confirmation email. Photo color may vary due to the computer monitor you are using. The Customer is expressly warned that any Product offer is subject to change. Only the Product described during the Order is due to the Customer.

The Products governed by the GTC are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Company cannot be held liable unless it is a substantial element of the Product in question. The Product purchased by the Customer is provided in its version as on the date of purchase.

 

  • THE ORDER

4.1. Majority.The Customer guarantees the Company that they are of legal age and that they have the necessary authorization to use the payment method chosen by them, when validating the Order.

4.2. Order on the Site.After selecting the Product they wish to purchase on the Site, the User is directed to an order page on which they provides their personal details (surname, first name, email, postal address, telephone number) and all the necessary and accurate information and contact details to allow the delivery of the Product and the invoicing of the Order. The User selects the payment methods (single payment or in several installments) according to the possibilities offered by the Company.

4.3. Verification of information.The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Customer cannot hold the Company responsible for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Product. The Customer must ensure that they can actually receive the package at the address provided, according to the delivery times indicated during the Order.

4.5. Obligation to pay.Any Order received by the Company is deemed to be firm and final, and includes full and complete adherence and acceptance of these T&Cs under the conditions provided, and obligation to pay for any Product ordered.

4.6. Electronic signature.The online supply of the Customer's bank details and the final validation of the order will constitute proof of the Customer's agreement and will be worth:

  • Commitment to pay the sum due under the Order;
  • Signature and express acceptance of all transactions carried out.

4.7. Confirmation of the order.After having read and accepted the GTC by checking the box provided for this purpose, the Customer is directed to a summary page of their order, on which they provide their bank details before confirming payment. It is up to the Customer to check the summary information of their order and to correct it if necessary, before confirming the payment of the order. This second click definitively confirms the Customer's order.

4.8. Order confirmation.The Customer receives a confirmation email and a summary of their Order as soon as the payment is validated by the Company or its payment service provider. The Customer must have a functional sending and receiving electronic mailbox. Otherwise, they will not be able to receive written confirmation of their order to the e-mail address provided, nor receive the summary email of their order.

4.9. Proof of the transaction.The computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

 

  • TARIF CONDITIONS

5.1. Applicable rates.The Product ordered is sold at the rates in force appearing on the Site when the Customer's Order is registered by the Company.

Prices are indicated in your currency depending on your location. The benchmark is US dollars. Any change in the applicable rate of VAT will be automatically reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Site are provided with all taxes included.

In the event of international sales, all customs duties and various taxes payable are the sole responsibility of the Customer. It is up to the Professional Client to carry out any useful verification and to comply with his tax obligations. The Company cannot assume any responsibility in this respect and the Customer is solely responsible.

5.2. Sums payable.The validation of the Order renders all the sums due in respect thereof payable. By validating his order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to their bank to debit the bank account whose contact details have been provided by the Customer, according to the possible deadlines indicated in the Order Summary.

5.3. Payment method.To pay for their order, the Customer has their choice of all the payment methods made available to them by the Company and listed on the Site (in particular: PayPal, Stripe, Amazon Pay).

The Customer chooses the method of direct debit with the payment systems and services offered which are secure services provided by third parties to the Company subject to specific contractual conditions over which the Company has no control.

Payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Customer's choice. The Company reserves the right to use the payment service providers of its choice and to change them at any time.

5.4. Debit authorization.By providing their banking information during the sale, the Customer authorizes the Company to debit the account for the amount of the price indicated on the Site for the corresponding Product.

5.5. Special offers and coupons.The Company reserves the right to offer limited time offers, promotional offers, or price reductions on its Products and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable prices are those in force at the time of the Customer's order, who cannot rely on other prices, prior or subsequent, to their order. Discount coupons may be subject to special conditions and are strictly personal to their beneficiary and can be used only once.

5.6. Payment incident - Fraud.The Company reserves the right to suspend any processing of the Order and any delivery in the event of refusal of authorization for payment by bank card from officially accredited bodies or in the event of non-payment. The Company reserves the right to refuse to honor an order from a Customer who has not fully or partially paid for a previous Order or with whom a payment dispute is in progress.

The Company may contact the Customer to request additional documents to execute payment of the Order. The Company may rely on the information provided by the Order analysis system. The supply of the requested documents is necessary for the Company to confirm the Order. In order to fight against credit card fraud, a visual verification of the means of payment may be carried out by the Company before delivering the Product. In the event of fraudulent use of a bank card, the Customer is invited, as soon as this use is noted, to contact the Company, without prejudice to the steps to be taken by the Customer with their bank.

5.7. Default or late payment.The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Customer.

 

  • DELIVERY

6.1. Stock availability.The Products are offered for sale and delivered within the limit of available stocks. In the event of unavailability of the Product ordered, the Company immediately informs the Customer and may offer him a Product of equivalent quality and price or, failing that, reimburse the Order if the Customer wishes. Apart from reimbursement of the price of the unavailable Product, the Company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

6.2. Carrier.Deliveries are made by an independent carrier, to the address given by the Customer when ordering and to which the carrier can easily access. When placing your Order, the Company may offer you different delivery methods depending on the delivery address selected. You will then be informed, before finalizing your Order, of the deadlines and applicable prices charged by the carrier.

6.3. Retention of title and transfer of risk.The Company remains the owner of the Products sold until full payment of the price. The Company undertakes to take all the necessary precautions for the proper conservation of the Products while in the Company’s ownership. Except in the case where full payment of the price has not been paid on the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer when the latter or a third party designated by them (for example, a collection point, a concierge, etc.) and any provider other than the carrier offered by the Company, takes physical possession of it. In any event, when the Customer entrusts the delivery of the goods to a carrier other than the one offered by the Company, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.

6.4. Delivery time.Unless otherwise stated on the Site at the time of the Order and / or on the Order page and unless the law allows a longer period, the Company undertakes to deliver any Product within 50 days of receipt of the order. The delivery times indicated in the Order may be longer and vary, taking into account the postal service delivery contingencies and any unforeseeable event external to the Company or the carrier (e.g. strike).

See delivery and returns page

6.5. Late delivery.When the ordered Product is not delivered on or before the date specified on the Order form or provided for in the GTC, the Customer may, after unsuccessfully instructing the Company to perform its delivery obligation within a reasonable additional time, resolve the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered terminated upon receipt by the Company of the letter or writing informing it of such termination, unless the Company has performed in the meantime. When the contract is terminated under these conditions, the Company will reimburse the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated.

Unless the law provides otherwise, and unless otherwise provided herein, delivery time overruns may not give rise to damages or indemnities of any kind. The Company reserves the right to transmit the Customer's dispute to the carrier responsible for the delivery, which may, if applicable, be required to request further information from the Customer concerning the reported delay.

6.6. Place of delivery.The Products are delivered to the delivery address provided by the Customer when ordering. The Customer may not change the place of delivery after the Order. The Company may provide for delivery by direct delivery to the delivery address or to a pick-up point. In the event of an epidemic or any other health risk, the package may be left in front of the building at the place of delivery (contactless delivery). Any unexpired proof of identity may be requested prior to delivery of the Product. Within a period of fifteen days from the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. In the absence of withdrawal of the Product within the times and conditions indicated, the Order will be canceled and the transport costs charged to the Customer.

6.7. Product Condition.When the Product is delivered to the address indicated by the Customer when ordering, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or incomplete delivery, to “express reservations” about the delivery and possibly refuse delivery of the Product to the delivery person directly.

 

  • RIGHT TO RETRACT 

7.1. Time limit.The Customer has a right enabling them to withdraw from the Products ordered, without giving any reason, within fourteen days. This period is counted in calendar days and runs from the day after receipt of the Product by the Customer or any third party authorized for delivery, at the address indicated or at the pick-up point. In the case of an Order relating to several Products delivered separately or in the case of an Order of a Product made up of lots or multiple parts, the delivery of which is spread over a defined period, the period shall run from receipt of the last Product, or lot / piece. If the time limit expires on a Saturday, Sunday or a public holiday, it is extended until the end of the last hour of the first following working day.

7.2. Mode of exercise.To exercise the right of withdrawal, the Customer notifies the Company of their decision to withdraw from the contract by means of an unambiguous declaration by post to the address 21 boulevard Kraëmer 13014 Marseille FRANCE or by email to the address Customerservice@ vkngjewelry.com. The Customer can use the model withdrawal form reproduced below, but this is not mandatory. The burden of proof of the exercise of the right of withdrawal sits with the Customer.

7.3. Return of the Product.The Customer must return the Product from which they have withdrawn to the Company no later than fourteen days after sending their decision to withdraw. This period is deemed to have been met if the goods are returned before the expiry of the fourteen day period under the return conditions. The costs of returning the products are the responsibility of the Customer. The conditions for returning Products are specified in the article "CONDITIONS FOR RETURNING PRODUCTS" to which the should Customer refer.

7.4. Refund.In the event of the Customer's withdrawal, the Company will reimburse the price of the Product no later than fourteen days, starting the day after the day of receipt of the Customer's decision to withdraw. The Company makes the refund using the same means of payment as that used by the Customer for the initial transaction, except if they expressly accept a different means; in any case, this reimbursement will not incur costs for the Customer. The Company may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, the date chosen being the date of the first of these facts.

MODEL WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

 

For the attention of BLGD Enterprise. 21 Boulevard Kraëmer 13014 Marseille France:

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the product (*) below:

Ordered on (*):

Name of consumer (s):

Address of consumer (s):

Signature of consumer (s) (only if this form is notified on paper):

Date:

(*) Cross out the unnecessary mention.

 

 

PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF:

  • Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • Supply of goods made to consumer specifications or clearly personalized;
  • Supply of goods liable to deteriorate or expire rapidly;
  • Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles.

 

  • GUARANTEES

8.1. Conditions. It is recalled that the legal guarantees of conformity and latent defect are provided below for the benefit of Customers who are consumers or non-professionals and assume normal use of the Products according to current practices. These guarantees apply outside of any commercial guarantee. It is advisable to check the product at the time of delivery and in the event that the delivered Product is non-compliant (product error, defective, damaged or incomplete product), to issue written reservations no later than three (3) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect found, the Customer returns the defective Product to the Company. In all cases, the legal deadlines will apply.

8.2. Guarantee of conformity. The guarantee of conformity is a legal guarantee that applies outside of any commercial commitment. The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between repair or replacement. However, if this choice entails a manifestly disproportionate cost compared to the other possible modality, taking into account the value of the good or the importance of the defect, the Customer's choice may be rejected.

8.3. Guarantee against hidden defects. The warranty against hidden defects is a legal warranty that applies outside of any commercial commitment. The Customer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may request the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. In all cases, the item in question will be subject to analysis directly by the manufacturer, whether it is the Company or a third party.

8.4. Legal dispositions. By accepting the GTC, the Customer certifies having read the following legal provisions:

Article L. 217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to them by the contract or has been carried out under their responsibility. "

Article L. 217-5 of the Consumer Code “The goods comply with the contract:

1st: If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2nd: Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods. "

Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in the condition covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the item in question, if this provision is subsequent to the request for intervention.”

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if they had known them. "

Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity."

8.5. 30 day commercial warranty. The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the Product, in addition to its legal obligations aimed at guaranteeing compliance. good. The Company offers the Customer the option of returning the Product ordered on the Site within thirty (30) days of receipt to request an exchange or a refund. No Product may be the subject of an exchange or a refund under the commercial guarantee in the following cases, without prejudice to any other case provided for by the GTC: sale and promotion items; presentation articles; custom made items; items relating to personal hygiene, such as toothbrushes, hair ribbons, underwear and jewelry; modified or assembled items; item that is inseparably mixed with other items after delivery; defective items due to misuse; services (such as assembly services), once they have been completed.

In the event of application of the 30-day commercial guarantee, the return costs paid by the Customer remain at his expense and will not be subject to a refund. The Customer has the possibility of using the mode of transport which seems to him the most suitable. The Company cannot be held liable if the Customer's package is lost or is never received by the Company's logistics center. It is recommended to use the services of the Post Office with a registered parcel shipment for its security and the tracking of the shipment. The request for the exercise of the commercial guarantee must be sent before the end of the expiry of the applicable period in writing by writing to the postal address BLGD Enterprise, 21 boulevard Kraëmer 13014 Marseille or by email to Customerservice@vkngjewelry.com. The Company reserves the right to refuse any request after the deadline.

 

  • CONDITIONS OF RETURN

9.1. Address. The products should be returned to the following address: BLGD Enterprise / VKNG, 21 Boulevard Kraëmer 13014 Marseille FRANCE. The Customer will be asked to enclose in their return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid during the Order, as well as the withdrawal form or any other unambiguous statement regarding the exercise of the right of withdrawal, a legal or, where applicable, commercial guarantee, justifying the return of the Product.

9.2. State. The Customer must return the Product in its original packaging, as addressed by the Company, regardless of whether they are used Products, if applicable. Any Product damaged in relation to the condition in which it was sent, incomplete, or whose packaging has been damaged may not be the subject of any return, exchange or refund to the Customer. In particular, any Product damaged or showing signs of new wear and / or odors cannot be returned, including on the basis of the right of withdrawal.

9.3. Return costs. Return costs are the responsibility of the Customer, including in the event of exercise of the right of withdrawal.

9.4. Refund. After receipt of the package, the Company refunds the entire returned Product, excluding delivery costs (unless otherwise specified in the GTC, or when the law provides for this refund). In the event of an Order for several Products and return of only part of the Order, the reimbursement of delivery costs is made in proportion to the number of Products ordered and returned under the conditions provided. Unless the law provides otherwise, only products will be refunded which (i) are returned with their original packaging and labels and (ii) have not been used or worn (for textiles). In the event of a return that does not comply with the legal and / or commercial conditions provided for, no refund can be demanded and the Customer will remain the owner of the returned product, which he can collect directly from the Company, or which will be returned to his costs within a maximum of one month, following notification of the refusal of reimbursement by the Company.

 

  • ACCESS TO THE SITE

10.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. The Company cannot be held responsible for material damage related to the use of the Site. In addition, the User agrees to access the Site using recent equipment, which does not contain viruses and with an updated latest generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.

10.2. Maintenance. The Site may be the subject of maintenance operations. To this end, the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure its maintenance (in particular by means of updates) without the interruption giving rise to any obligation or compensation.

10.3. Contractual liability.The Company uses all reasonable means at its disposal to ensure continuous and quality access to the Site, but is under no obligation to do so. In particular, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site.

10.4. Registration on the Site. The Company may provide for a Site registration procedure to gain access to a User area. This may include identifiers allowing any User registered on the Site to access their account and order information. Any connection identifier provided by the Company to the Customer is strictly personal, individual, confidential, and non-transferable. The Customer will be liable for any unauthorized, fraudulent, or abusive use of their connection Identifiers. The User is invited to contact the Company if they have not received or if they have misplaced the information allowing them to connect so that it can be sent back to them.

10.5. Loss of identifiers. The User will inform the Company without delay of the loss or theft of their connection Identifiers. In the event of a proven violation of the conditions of access to the Site, the Company reserves the right to suspend access to the Site, without compensation, notice or prior information. The subsequent provision of the Identifiers will release the Company from any liability vis-à-vis the User, who cannot hold it responsible for the unavailability of the Site.

 

  • PROTECTION OF PERSONAL DATA

The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of your data - which is intended to provide and improve the Site, commercial prospecting, the management of Orders, contracts and the delivery of Products - carried out by the Site comply with the general data protection regulations (GDPR) and the Data Protection Act in its latest version.

The information requested in the forms available on the Site marked with an asterisk are mandatory and necessary for the management of requests, and failure to respond in a mandatory field will make it impossible for the Company to process Users' requests.

The personal data of natural persons will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data making it possible to establish proof of a right or a contract may be the subject of an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions that may arise.

All Users are informed and accept that the Site may include technical devices which allow use to be monitored (account of the logged-in user, IP address, type of application used, various logs for connection and use to the User account, etc.) and are likely to be used in the context of the fight against counterfeiting, and / or to identify and / or prevent possible illicit or non-compliant use of the Site.

In accordance with the Data Protection Act and GDPR, any person concerned by the data processing carried out by the Company has, under the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to the processing, portability, and erasure of their data as well as a right not to be the subject of an automated decision including profiling. If necessary, the data subject also has the right to withdraw their consent at any time.

Any exercise request can be sent by email to Customerservice@vkngjewelry.com. Anyone affected by processing has the right to complain to the Commission Nationale Informatique et Libertés.

For more information on automated data processing and how to exercise your rights, any User can consult the confidentiality policy available at any time on the Site and the information on the cookies used by the Company.

 

  • PARTNER SITES – HYPERTEXT LINKS

The User can access, through the hypertext links on the Site, the sites of Partners or third parties, which are not subject to these T&Cs. The User is therefore invited to read the general conditions of use as well as the confidentiality policies or any other legal information, applicable to these third-party sites.

The User is informed that the Site may require access to other sites, designed and managed by third parties. No control over the content of said sites is exercised by the Company, which declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.

If a third-party site directs its users to the Site, the Company reserves the right to request the removal of the hypertext link pointing to the Site if it considers that this link does not comply with its rights and legitimate interests.

 

  • CASES OF FORCE MAJEURE OR FORTUIT

The performance of the Company's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. This suspension may concern all or part of the Order. In this case, the Company will notify the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to restitution. If the permanent prevention is partial, only partial restitution will be granted.

Under the conditions provided for by law, Customers expressly agree that they may not invoke a case of force majeure to postpone payment (of an invoice for example) for a Product or to refuse delivery of an Order placed.

Events considered as force majeure or a fortuitous event, in addition to those usually recognized by the jurisprudence of the courts and tribunals, include, but are not limited to: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance beyond the reasonable control of the Company.

The Company can in no way be held liable for difficulties encountered by the User or the Customer in accessing the Site due to a technical or software failure or any other cause unrelated to it. The Customer acknowledges being informed of the technical hazards inherent to the Internet and the mobile network and of the malfunctions that may result therefrom. Consequently, the Company cannot be held responsible for any unavailability, slowdowns, or failures of the Internet network or of any IT solutions, except in the event of proven negligence on its part.

 

  • INTELLECTUAL PROPERTY

The Company or its Partners own all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular but not exclusively to all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site and / or the Products.

Access to the Site and / or the purchase of a Product does not confer any right on the User or the Customer on the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the Site or Products in violation of the rights of the holders of intellectual property rights over them.

The use not previously authorized by the Company or its Partners, in any capacity whatsoever, of all or part of the Site or the Products may be the subject of any appropriate action, in particular an interruption of access to the Site or an action for infringement.

All the distinctive signs used by the Company are protected by law and any use not authorized by the Company may give rise to prosecution.

Failure to respect the intellectual property of the Company or its Partners will be analyzed as serious misconduct by the User or Customer prejudicial to the Company, which reserves the right, in this case, to claim any damages.

 

  • CUSTOMER REFERENCES AND COMMUNICATION

15.1. Client reference. The Customer may be requested by the Company to be cited as the buyer of a Product. With the agreement of the Client, the Company may be authorized to mention the name of the Client, the opinion that he has given to the Company on the Product as well as an objective description of the nature of the Product that has been sold to them in its lists of references and proposals for the attention of its prospects and customers, particularly on the Site, for promotional and advertising purposes, during interviews with third parties, communications to its staff, internal management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.

15.2. Operating authorization. When the Customer sends writings, videos and / or photographs to the Company to give their opinion or testify on the Product provided by the Company, and where applicable makes comments or publications concerning the Company (for example, on social networks), to which their username and profile photo are attached, then the Client authorizes the Company to use this content for the promotion of its commercial activities. The content is likely to be protected by image rights and / or copyright, and in this case, the Customer grants the Company the possibility of adapting them (in any form) and of reproducing them on all media, in particular by presenting them as a commercial reference and / or as a notice. For example, the Company may take screenshots of publications on social networks concerning it or the Product delivered to the Customer, and reproduce them on the Site as a notice.

The Customer acknowledges that they have fully fulfilled their rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the life of the Customer concerned, increased by a period of 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorization and transfer of rights, for all cases not provided for herein or on an ad hoc basis.

15.3. Event. The provisions of the previous paragraph apply in the same way with regard to videos and photographs taken during any type of event (public, reserved for customers, etc.) organized or co-organized by the Company. The recordings may be recorded and published by the Company, including on social networks. If the Customer does not wish to appear in a possible publication, they will stand at the back of the room, not to participate in grouped photos, and not to signal to the photographer / cameraman.

 

  • EVOLUTION OF GENERAL CONDITIONS

The Company reserves the right to modify the terms, conditions and mentions of the GTC at any time and without notice in order to adapt them to changes to the Site or to changes in its offers. The applicable conditions are those accepted by the Customer and sent to the Customer in the event of distance selling by any means of communication on a durable medium.

The modifications to the GTC made by the Company will not apply to the Products already ordered, except for the clauses related to the technical evolution of the Site, since this does not result in either an increase in price or an alteration in quality, or the characteristics to which the non-professional or consumer Client has made his commitment subject.

The Customer may also be invited to accept the amended GTCs and failing this, the latter having been accepted, continue to apply until the Product is actually delivered. If the Company is unable to continue delivering the Product under the previous conditions, the Customer has the option of requesting termination and reimbursement.

 

  • RESPONSIBILITY

17.1. Responsibility of Users and Customers

The User or the Customer is solely responsible for the interpretations they make of the information provided under the content of the Products, the advice they deduce or which has been provided to them and the adaptations made for their own activities. The use of information is done under the sole responsibility of the Customer and at their own risk, which the Customer expressly accepts.

When the Product is delivered with an instruction manual or any user guide, including by reference to a URL link, the Customer agrees to read them and use the Product in accordance with the recommendations provided.

In the exchange spaces, the Client assumes, as Publisher, the responsibility for the communication to the public of information and the editorial responsibility for all his communication, physical and online and in particular but not exclusively for their site(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content that they transmit to the public.

17.2. Limitation of liability towards professional clients

Regardless of the type of Product ordered by the Professional Client, the Company's liability is expressly limited to compensation for direct damage proven by the Professional Client. Under no circumstances can the Company be held liable for indirect damage such as loss of data, file(s), operating loss, commercial damage, loss of profit, damage to image and the reputation of the Professional Client.

Likewise, the Company cannot be held responsible for direct or indirect damage caused to the User's equipment, when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided for, or the appearance of a bug or an incompatibility.

IN ANY CASE, THE RESPONSIBILITY OF THE COMPANY TOWARDS PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE PAID EXCLUDING TAX BY THE CUSTOMER IN CONSIDERATION FOR THE SUPPLY OF THE PRODUCT UNDER WHICH THE LITIGATION IS SUBMITTED. THIS AMOUNT IS INTENDED AS THE MAXIMUM THAT COULD BE TAKEN FROM THE COMPANY FOR COMPENSATION (DAMAGES AND INTEREST) ​​AND PENALTIES, WHETHER THE LEGAL BASES ARE ALLEGED AND THE LEGAL BASIS SELECTED UNLESS THE LAW OR THE LAW JURISPRUDENCE DOESN'T OPPOSE IT.

 

  • GENERAL

The GTC and all purchase and sale transactions referred to therein are governed by French law. The GTC and the Site are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

The nullity of a contractual clause does not entail the nullity of the GTC.

The temporary or permanent non-application of one or more clauses by the Company shall not constitute a waiver on its part of the other clauses of these GTC which continue to produce their effects.

The Client accepts that the Company may assign this contract to its affiliates or to a purchaser without its prior consent.

 

  • DISPUTES

19.1. Amicable resolution.In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution.

19.2 Mediation.

As a professional, you must allow any consumer access to a consumer mediation system for the amicable resolution of any dispute (L.612-1 of the Consumer Code). To meet this obligation, you must identify the consumer mediator you wish to report to (see https://www.economie.gouv.fr/mediation-conso/vous-etes-professionnel) and get closer to him in order to join its consumer mediation system after making sure that the terms of this membership and its cost correspond to the needs of your business. In accordance with Article L641-1 of the Consumer Code, any breach of these information obligations is punishable by an administrative fine, the amount of which may not exceed 3,000 euros for a natural person and 15,000 euros for a legal person.

 

In the event of difficulty in the application of this contract, the Consumer Customer residing in Europe has the possibility, before any legal action, to seek recourse from a consumer mediator (FEVAD) identifiable on the site https://www.economie.gouv.fr/mediation-conso.

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can access the Online Dispute Resolution Platform (ODR) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm.

19.3. Litigation between professionals.

IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY CONCERNING THE ORDER, INTERPRETATION, EXECUTION AND / OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN THE JURISDICTION OF THE CITY OF MARSEILLE, FRANCE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEEDINGS OR CONSERVATORY PROCEEDINGS BY REFERENCE OR REQUEST.

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