General terms of sale
GENERAL TERMS OF SALE
Association HOPLA – Black Owl Studio
Registered in the Register of Associations of the court of Mulhouse – FRANCE
48, rue Franklin – 68100 MULHOUSE
N ° SIRET: 790 368 450 00017 – Code APE 9499Z
Project benefiting from a “Contrat d’Appui pour la Création ou la Reprise d’une Activité Economique” (Support Contract for the Creation or Resumption of an Economic Activity) until 10/10/2017.
It is specified beforehand that these terms and conditions govern Black Owl Studio’s sales of costume, replica and non-official accessories based on video games, movies and TV series.
Article 1 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and / or services offered by the seller to the consumer. The seller reserves the right at any time to modify the present general conditions by publishing a new version which will be applicable to all orders placed after its first online publication on the website www.blackowlstudio.com.
“Consumer” means any individual acting for the satisfaction of his or her personal needs.
These terms and conditions express the conditions under which the company “Hopla – Black Owl Studio”, hereinafter referred to as “the seller”, offers or provides remotely and by electronic means the supply of leisure, event and decorative products and services, to consumers in accordance with Articles L.121-16 to L.121-20-5 of the French Consumer Code.
The informed consumer accepts unreservedly, by virtue of his order, all the provisions of these general conditions. No general or specific conditions contained in the documents sent or delivered by the consumer may be incorporated into the present without the express and written agreement of the seller.
Article 2 – Contractual documents
This contract is made up of the following contractual documents, presented in descending hierarchical order: the electronic order form; the present general conditions. In the event of any inconsistency between the provisions contained in documents of different ranks, the provisions of highest rank document shall prevail.
Article 3 – Entry into force – duration
These general terms and conditions come into force on the date of signature of the order form on our website. The present general conditions are concluded for the duration necessary for the supply of the subscribed goods, until the extinction of the guarantees due by the seller.
Article 4 – Electronic signature
The “double click” of the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature; It being specified that by the first click the consumer confirms his order and that by the second click he accepts it definitively after verifying it. The order will only be saved after the second click.
Article 5 – Proof of the transaction
Computerized records stored in the vendor’s computer systems under reasonable security conditions shall be regarded as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 6 – Product Information
6-a: The seller presents the products to be sold on his website with the necessary characteristics in accordance with Article L.111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking the final order the essential characteristics of the products he wishes to buy.
6-b: The offers presented by the seller are valid only within the limit of the available stocks.
Article 7 – Price
7-a: Prices are quoted in Euros and are valid only on the send date of the order form by the consumer. They do not take into account the delivery costs, invoiced in addition and indicated before the order validation. Prices are inclusive of taxes, including VAT applied on French territory on the day of the order. Any change in the VAT rate will automatically be reflected on the price of the products of the online shop. Payment of the full price must be made upon order. No deposit or down payment will be accepted, including for pre-orders.
7-b: For all products shipped outside the European Union and / or Overseas Departments and Territories, the price is automatically calculated inclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be chargeable in certain cases. These duties and sums are not the responsibility of the seller. They shall be borne by the buyer and shall be his responsibility (declarations, payment to the competent authorities, etc.). In this regard, the seller invites the buyer to inquire about these aspects with the corresponding local authorities.
Article 8 – Method of payment
In order to pay for his order, the consumer has, at his option, all of the payment methods referred to in the order form. The consumer guarantees the seller that he / she has the necessary authorizations to use the chosen method of payment when validating the purchase order. The seller reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies. The seller also reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid a previous order or with which a payment dispute is pending. The seller has set up an order verification procedure to ensure that no one uses the bank details of another person without his knowledge.
Article 9 – Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France, within the time specified in the order.
When the consumer orders several products at the same time, they may have different delivery times. In this case, the longest delay is taken into account for the delivery of the entire order. If the consumer wishes to receive the products within the respective deadlines of each of these products, it is recommended to carry out separate orders, the shipping costs of each of the orders being borne by the consumer.
The consumer may, at his request, obtain an invoice sent to the billing address and not to the delivery address by validating the option provided on the purchase order.
For shipping, it is done by mail or by Colissimo which provides a tracking number. As soon as a consignment is sent, the consumer immediately receives an e-mail informing him, and he can follow the routing of his parcel at any time. However, as in any shipment, there may be a delay in delivery or the product may be lost. In case of delay of delivery compared to the date indicated in the dispatch mail, it is requested to signal this delay by mail to the seller who will then contact the carrier to start an investigation. An investigation may take up to 21 days from the start of the investigation. If, within this period, the product is found, it will be redirected immediately to the consumer’s home (the majority of cases). If, on the other hand, the product is not found after 21 days, a replacement product will be returned to the buyer at the seller’s expense. If the product(s) ordered were no longer available at that time, the products concerned would be refunded to the buyer. If the product(s) were still available, but had changed the selling price on the website, the new selling prices will be applied after agreement of the buyer. The seller declines any responsibility for the extension of the delivery times due to the carrier, in particular in case of loss of products or cases of force majeure.
Article 10 – Errors in delivery and verification of products
10-a: It is up to the consumer to verify the number and condition of the products at reception. In case of damage or missing, to make the reserves of use with the carrier within the statutory period of three working days from the delivery and to inform the seller within 7 days.
10-b: The consumer must formulate, within 7 days, any claim of delivery error and / or non-conformity of products in kind or in quality compared to the indications on the order form. Any claims made after this deadline will be rejected.
10-c: Formulation of this complaint with the seller can be made primarily by e-mail, specifying the reference of the order and the full contact details.
10-d: Any complaint not made within the rules defined above and within the allowed time will not be taken into account and will release the seller of any responsibility towards the consumer.
10-e: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo recommended, to the address indicated after request written by e-mail. To be accepted, any return will have to be notified in advance by e-mail to the Consumer Service of the seller. The shipping costs shall be borne by the customer, except in the event that it is found that the returned product does not correspond to the original order made by the customer.
Article 11 – Right of withdrawal
In accordance with the provisions of Article L.121-20 et seq. of the Consumer Code, the consumer may return goods which are not suitable for him and obtain the refund of his invoice amount up to 7 clear days from the date of Delivery for the sale of goods or acceptance of the offer, for the provision of services. Only accepted are the unused product in its original box, intact, properly packed, in perfect condition for resale, accompanied by any accessories, instructions and documentation, as well as the corresponding invoice. These conditions are cumulative. In addition, the consumer must, prior to any return, claim a return voucher by sending an email to firstname.lastname@example.org specifying his contact information and his request for return of a product. The seller will return to him by mail a return voucher to print. This return voucher must be enclosed with the parcel, accompanied by a copy of the invoice.
This retraction does not require any justification. The shipment must take place within the statutory deadline, postmark or other tracking number. The parcel must be sent by Chronopost to the address indicated on the return coupon. The postage will have to be sufficient, to avoid any penalty on reception. Otherwise, penalties will be deducted from the refund. Cash-on-delivery packages are systematically refused. If the return relates to damaged or used goods, the amount of the refund will be left to the sole discretion of the seller after examination of the goods.
Article 12 – Guarantee of products
The products sold benefit from the legal guarantee of conformity of articles L.211-4 and following of the Code of the consumption.
Article 13 – Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction of this property for any reason whatsoever is strictly prohibited.
Article 14 – Force majeure
Neither party shall have failed to fulfill its contractual obligations to the extent that their execution is delayed, hindered or prevented by unforeseeable circumstances or force majeure. Any event or circumstance external to the parties, unforeseeable, unavoidable, and independent of the will of the parties and which cannot be prevented by the parties, in spite of all reasonably possible efforts, shall be regarded as a fortuitous event or force majeure. The party affected by such circumstances shall notify the other party within 10 working days of the date on which it becomes aware of it by e-mail. In the event of force majeure, the two parties shall, within a period of one month, come together to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Expressly, force majeure or unforeseeable circumstances are considered, in addition to those customarily adopted by the jurisprudence of French courts and tribunals:
- Blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
- The termination of the telecommunication networks or difficulties specific to the telecommunication networks external to the customers.
Article 15 – Partial non-validation
If any provision of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable by law, regulation or as a result of a final decision of a court of competent jurisdiction, the other terms will hold their strength and their scope.
Article 16 – No waiver
The fact that one of the parties fails to rely on the other party’s failure to fulfill any of the obligations referred to in these general conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 17 – Law and confidentiality of personal data
17-a: Use of order data. The seller only uses the order data for his preparation and follow-up in customer service. All customer data is stored and used by the seller only, in accordance with the law French “Informatique et Libertés” law of 6 January 1978.
17-b: Right of rectification. The consumer has, at any time, a right of correction or deletion of the personal data stored in the computer system of the seller. To do so, simply send an e-mail to the following address: email@example.com or via the contact form available on the website.
17-c: Sharing of personal data. The seller does not transmit personal data, including the mailing address and the e-mail address to a third party without the consent of the holder. Such authorization shall be revocable at any time. The direct partners who allow the processing of the order are excluded, the seller takes the necessary security measures to protect the data in his possession against accidental or deliberate manipulations, losses, destruction and against the access of unauthorized persons. However, the seller cannot guarantee perfect security when exchanging data on the Internet: any action undertaken by the consumer is at his own risk.
17-d: It is the responsibility of the user of the website to take all appropriate measures to protect his / her own data and / or software from contamination by possible viruses circulating on the Internet. The seller declines any responsibility for any damage that occurred during the consultation of the website.
Article 18 – Settlement of disputes
These general conditions are subject to French law. This is so for the fund rules as to the rules of form. In the event of a dispute or complaint, the consumer will address in priority to the seller to obtain an amicable solution.