GENERAL CONDITIONS OF USE AND SALE OF THE SITE
I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
By virtue of article 6 of Law n ° 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified in this article the identity of the various stakeholders in the context of its implementation and monitoring. .
The bankanglestudio.com site is published by :
Boris Tronquoy, whose head office is located at the following address : 92 chemin des Trolles, and registered at SIRET 854 063 351 00019.
Phone : 0669521891 / Email address : firstname.lastname@example.org.
The site's publication director is : Mr. Tronquoy Boris.
The bankanglestudio.com site is hosted by :
Infomaniak, whose head office is located at the address below :
Rue Eugène-Marziano 25 1227 Les Acacias, Switzerland
Phone number : +41 844551156
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the bankanglestudio.com site is :
Online sale of virtual products
ARTICLE 3. CONTACT
For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the publisher at the following e-mail address: email@example.com or send a registered letter with acknowledgment of receipt to : Boris Tronquoy - 92 chemin des Trolles
Access and use of the site are subject to acceptance and compliance with these General Conditions of Use.
The publisher reserves the right to modify, at any time and without notice, the site and the services as well as these T & Cs, in particular to adapt to the evolutions of the site by the provision of new functionalities or the deletion or modification of existing functionalities.
It is therefore recommended that the user refer before any navigation to the latest version of the T & Cs, accessible at any time on the site. In case of disagreement with the T & Cs, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of this in order to carry out updates, changes to its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the bankanglestudio.com site constitute unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.
These T & Cs apply, as necessary, to any variation or extension of the site on existing or future social and / or community networks.
ARTICLE 6. SITE MANAGEMENT
For the good management of the site, the editor can at any time :
- Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user ;
- Delete any information that could disrupt its operation or contravene national or international laws, or Netiquette rules ;
- Suspend the site in order to carry out updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
Access to certain services, and in particular to all paid services, is conditioned by the user's registration.
Registration and access to the site's services are reserved exclusively for capable individuals who have completed and validated the registration form available online on the bankanglestudio.com site, as well as these General Conditions of Use.
When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user must also carry out a regular verification of the data concerning him in order to maintain its accuracy.
The user must therefore provide a valid e-mail address, on which the site will send him a confirmation of his registration to its services. An e-mail address cannot be used more than once to register for services.
Any communication made by bankanglestudio.com and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable period of time if necessary.
Only one registration for the site's services is allowed per natural person.
The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereafter "Personal space"), in addition to entering his password.
The username and password can be modified online by the user in his personal space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties.
bankanglestudio.com reserves in any case the possibility of refusing a request for registration to the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.
The regularly registered user can request to unsubscribe at any time by going to the dedicated page in his personal space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR
It is brought to the attention of the user that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases :
- If the user makes illegal use of the site ;
- If the user, during the creation of his personal space, voluntarily transmits erroneous information to the site ;
- If the user has not been active on his personal space for at least a year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this does not constitute damage to the user whose account has been deleted.
This deletion does not constitute a waiver of legal proceedings that the publisher could undertake with regard to the user who has violated these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that he has edited himself.
The publisher is not responsible :
- In the event of technical, IT or site compatibility problems or failures with any hardware or software ;
- Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services ;
- The intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating therein ;
- Illicit content or activities using its site without its having duly taken cognizance of it within the meaning of Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy and Law n ° 2004-801 of August 6, 2004 on the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness or timeliness of the information published there.
The user is responsible for :
- The protection of its equipment and data ;
- The use he makes of the site or its services ;
- If it does not respect the letter or the spirit of these T & Cs.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links pointing to other websites over which bankanglestudio.com has no control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that may be found on these sites.
The publisher authorizes the establishment of hypertext links to any page or document on its site, provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the site editor is necessary before setting up any hypertext link.
Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or that may affect the sensitivity of the greatest number.
Finally, bankanglestudio.com reserves the right to have a hypertext link pointing to its site removed at any time, if the site considers it to be inconsistent with its editorial policy.
ARTICLE 10 : CONFIDENTIALITY
In addition to these General Conditions, the site has a confidentiality policy which describes the way in which personal data is processed when the user visits the site, as well as the way in which cookies are used.
ARTICLE 11. INTELLECTUAL PROPERTY
The structuring of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to to constitute an infringement within the meaning of articles L. 335-2 and following of the Code of the intellectual property. And this, with the exception of elements expressly designated as free of rights on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the site, which remains the exclusive property of the publisher.
It is forbidden for the user to enter data on the site which would modify or which would be likely to modify its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.
The bankanglestudio.com site wishes you an excellent navigation !
II. TERMS OF SALES
The site is published by the seller, Boris Tronquoy, whose head office is located at the following address : 92 chemin des Trolles, and registered at SIRET 854 063 351 00019.
The seller is not subject to VAT under article 293 B of the CGI.
The purpose of the following provisions is to define the general conditions of sale on the bankanglestudio.com site.
These general conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his customer within the framework of a distance and electronic sale of goods and products.
The GTC exclusively govern the relationship between the seller and the customer.
The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online.
ARTICLE 1. CATALOG OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.
The products are offered within the limits of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICE
The seller reserves the right to modify its prices at any time by posting them online.
Only the current prices indicated at the time of the order will apply, subject to availability of the products on that date.
The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the customer.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Payment of the full price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the possibility to complete an order form online, by means of an electronic form. By completing the electronic form, the customer accepts the price and description of the products.
The customer must accept by clicking on the place indicated, these general conditions of sale, so that his order is validated.
The customer must give a valid e-mail address and delivery address and recognizes by these general conditions of sale that any exchange with the seller may take place using this address.
The customer will also have to choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
It is an order with obligation of payment, which means that the placing of the order implies a payment of the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the exigibility of the sums due under the order.
In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person can contest within 70 days from the date of the transaction by sending a claim according to the following modalities, so that the seller bears the costs of the sale and returns the disputed sum :
Interbank bank card opposition server Allows immediate opposition on his bank card. By phone 0 892 705 705 Open 7 days a week and 24 hours a day.
Any dispute not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability.
The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal of authorization of payment by credit card on the part of accredited bodies or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Upon receipt of the validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The seller is required to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In case of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order for this product and reimburse the related price, the rest of the order remaining firm and final.
The customer can always exercise his right of withdrawal within 14 days from the moment the information concerning the unavailability of the product was sent to him.
For any question relating to the follow-up of an order, the customer can contact customer service at the following coordinates :
Monday to Friday 9 a.m. to 5 p.m.
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law n ° 2000-230 of March 13, 2000 , the online supply of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the due date sums due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller can be proven through computerized registers, kept in the vendor's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All the payment methods available to the customer are listed on the seller's website. The customer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.
ARTICLE 8. DELIVERY
Delivery is made only after confirmation of payment by the seller's bank.
The products are delivered to the address indicated by the customer on the online form serving as an order form, the customer having to ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.
Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, within the following deadlines :
see the deliveries page
1. DELAY IN DELIVERY AND TERMINATION
In the event of late delivery, the seller will inform the customer, who can terminate the contract and request a refund within 14 days of such termination.
The total refund of the product and the delivery costs, or reshipment if applicable, is then made.
This termination of the contract must be sent in the following manner :
Monday to Friday 9 a.m. to 5 p.m.
Any denunciation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the customer.
2. VERIFICATION OF THE ORDER
If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the products. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered to have been carried out when the customer, or a person authorized by him, has signed the delivery note.
The customer must, where applicable, inform the seller of his reservations as follows :
Monday to Friday 9 a.m. to 5 p.m.
Any reservation not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the customer.
Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the customer by email.
3. DELIVERY ERROR
In the event of a delivery error and / or non-compliance of the products with the indications appearing on the order form, the customer makes his complaint to the seller on the same day of delivery or at the latest on the first following working day. the delivery.
The complaint can be made according to the following methods :
Monday to Friday 9 a.m. to 5 p.m.
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer.
4. RETURN OF ORDER
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following terms :
15 days from the date of delivery of the order. The product must not be damaged, the packaging must be intact. Please note: Refunds for dematerialized products are not possible.
Any complaint or return not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. Return costs are the responsibility of the customer.
ARTICLE 9. PRODUCT GUARANTEES
The seller guarantees the conformity of the products to the contract.
The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code , or under the guarantee against defects in Articles 1641 and following of the Civil Code .
The customer is informed that the seller is not the producer of all of the products presented within the meaning of Law n ° 98-389 of May 19, 1998 relating to liability for defective products .
1. GUARANTEE OF CONFORMITY
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.
As such, he can choose between repairing or replacing the goods , under the conditions provided for in Article L. 211-9 of the Consumer Code .
The customer is not required to provide proof of the existence of a lack of conformity within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.
2. WARRANTY FOR DEFECTS
The customer, if he implements the warranty against defects provided for in articles 1641 and following of the Civil Code , may choose between the resolution of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code .
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUNDS
In case of unavailability of an ordered product, the customer will be informed by email.
The customer will have the possibility of canceling his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 11. RIGHT OF WITHDRAWAL
The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery.
The customer will exercise his right of withdrawal by contacting customer service :
Monday to Friday 9 a.m. to 5 p.m.
After having communicated his decision to withdraw, the customer then has 14 days to return or return the goods.
Any withdrawal or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer.
The customer may request the exchange or refund of the returned product, without penalty, with the exception of the return costs which remain at his expense. However, in the event of an exchange, delivery costs may be billed to the customer again.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sales condition.
Certain products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be reimbursed, in particular, but not exclusively, the products covered by article L. 121-21-8 of the Consumer Code. namely :
- any tailor-made product ;
- any product that cannot by nature be returned ;
- any perishable product ;
- any video product ;
- any press product ...
The seller must reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or of the transmission of proof of the shipment of such goods.
ARTICLE 12. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the Civil Code, would prevent their execution. The obligations of the parties will be suspended.
The party invoking such a circumstance must notify the other party immediately, of its occurrence and its disappearance.
All irresistible and unforeseeable, inevitable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law, and in particular the blocking of means of transport, are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and shutdown of telecommunications networks.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
ARTICLE 13. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared null by application of the law, of a regulation or of a final decision of a French court, the other stipulations will keep all their force and their scope.
ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively carry out his activity, regardless of the location of his head office in the case of a legal person.
Also, these GTC are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seat. social security of the seller.
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