terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE AND USE
1. PRELIMINARY REMARKS
1.1 LEGAL NOTICES
The publisher can be contacted by telephone at 02 61 53 70 60 (local call rates apply) or by email at the following address: hello@coque-sublimation.fr
The site is hosted by 772424 whose registered office is located at Chemin Petit Cabri – Le Tholonet – 13100 Aix-en-Provence (France) and can be contacted by telephone at the following number: 02 61 53 70 60.
The director of publication and editor of this site is Mr. Louis Haincourt.
1.2 OBJECT
1.3 ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
Accepting these terms and conditions will be considered equivalent to a signature by the user. The user acknowledges the evidentiary value of the website publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of these terms and conditions implies that internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors.
2. PREAMBLE
In using the personalization service, customers also agree, without limitation or reservation, to:
- use the services provided by the publisher responsibly.
- respect the rights of third parties.
- do not use the site's services for commercial purposes.
- to comply with all applicable laws and regulations,
- Do not upload racist content, content contrary to public order or morality, or content that contravenes any applicable law or regulation.
Customers use the service at their own risk. They remain responsible for their actions while using this service and are accountable to the relevant courts.
Any breach of these terms and conditions which has resulted in damage or which constitutes a violation of regulatory or legislative provisions may be prosecuted directly against the client, thereby releasing the service provider from any liability in this matter.
3. ORDERING PROCEDURES AND DESCRIPTION OF THE PURCHASE PROCESS
Product availability is indicated on the website, in the description sheet for each item.
To place an order, users can select one or more items, customize them if desired, and add them to their cart. Once their order is complete, they can access their cart by clicking the designated button.
By viewing their shopping cart, users will be able to verify the number and type of items they have selected, as well as their unit price and the total order price. They will also have the option to remove one or more items from their cart.
This summary will also indicate to customers whether or not they have the option to exercise their right of withdrawal, as well as the applicable deadlines.
If they are satisfied with their order and wish to validate it, users can click on the validate button, they will then access a form in which they can either enter their login details if they already have them, or register on the site by completing the form presented to them, with their personal information.
Once they are connected or after they have fully completed the form, customers will be asked to check or modify their delivery and billing details and then will be asked to make their payment by being redirected for this purpose to the secure payment interface.
Once the payment has been received by the website publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable timeframe.
Similarly and within the same timeframe, the publisher undertakes to send the customer an email summarizing the order and confirming its processing, also including all information relating to the order, the products ordered, their delivery, as well as the terms and conditions for exercising their right of withdrawal.
4. PRICE
The prices shown on the website are exclusive of taxes and delivery charges. These prices may be changed at any time by the publisher; the prices displayed are valid only on the day the order is placed and do not apply to future orders. The price applicable to the customer is the one in effect at the time of the order.
Delivery charges will always be shown to the customer before any payment is made. In this regard, it is the customer's responsibility to contact customer service if the delivery location is not offered during the ordering process.
For deliveries outside the customs territory of the European Union, the customer is advised that customs duties and other taxes may be payable. The necessary formalities and payment of these duties and taxes are not the responsibility of the publisher and will, in all cases, be borne by the customer. It is therefore the customer's responsibility to verify all this information, as well as the import regulations for the product, with the relevant authorities in the country of delivery before placing any order.
5. RETENTION OF TITLE CLAUSE
The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. Risk passes to the customer upon delivery.
6. PAYMENT INFORMATION
Users can place orders on this website and pay via PayPal or credit card.
Credit card payments are processed through secure transactions provided by PayPal and Shopify. The website publisher has no access to any user payment information for credit card payments.
7. DELIVERY OR PROVISION
Orders are delivered by the carrier chosen by the customer at the time of finalizing the order, within an indicative period of 1 to 10 working days from the full receipt of payment for the order by the publisher.
However, certain products or order volumes may require a longer delivery time. The customer will be explicitly informed of this when the order is confirmed.
Since the customer chooses the carrier, the seller cannot be held responsible for delays, losses, damage, or any other problems occurring during the delivery of the package by the shipping service. Any claims related to shipping must be addressed directly to the carrier in question.
It is the customer's responsibility to check the condition of the package upon receipt. In the event of obvious damage, the customer must refuse the package in order to benefit from the carrier's guarantees. In this case, the customer must also inform the seller immediately so that a new package can be prepared and shipped as soon as the return is received. Accepting a damaged package is the sole responsibility of the customer.
In such a case, the initially indicated delivery times will no longer apply.
Products out of stock:
If an ordered product is out of stock, we will ship it later once it is restocked. If the order contains both in-stock and out-of-stock items, the order will be shipped in multiple shipments: in-stock items will be sent first, followed by out-of-stock items as soon as they become available.
8. PROVISIONS RELATING TO CONSUMER RIGHTS
8.1 CUSTOMER SERVICE
8.2 RIGHT OF WITHDRAWAL
All returns must be complete (original packaging, instructions, accessories, copy of invoice) and returned products must be in perfect condition for resale; therefore, they must not be worn, soiled, or damaged.
In accordance with the provisions of the Consumer Code, consumers may not under any circumstances claim the exercise of any right of withdrawal for orders of any products that are clearly personalized or made according to their specifications.
8.3 EXCHANGE
All returns must be complete (original packaging, instructions, accessories, copy of invoice) and returned products must be in perfect condition for resale; therefore, they must not be used, soiled, or damaged.
Furthermore, it is reminded that customers will under no circumstances be able to exchange products that are clearly personalized or made according to their specifications.
8.4 MEDIATION PROCEDURE
You have the option of using a consumer mediator free of charge to resolve a dispute amicably.
However, you can only contact the mediator if you have first attempted to resolve your dispute in writing directly with the company or our customer service department. If this step has not been taken, the mediation request will be inadmissible.
By mail to the following address: FEVAD Mediator, BP20015, 75362 PARIS CEDEX 8, France
By phone: 01 42 56 38 86 (9am-6pm Monday to Friday)
Online at their website mediateurfevad.fr
9. WARRANTY FOR PRODUCTS PURCHASED ON THIS SITE
A hidden defect being a flaw in the thing which, under normal conditions of use, makes it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the thing contractually agreed, the publisher of this site is in particular not responsible for the normal wear and tear of the products, for failure to comply with their instructions for use, for accidental damage or damage resulting from abnormal use of the products or for problems which may occur during the sublimation of the products.
Products purchased on this website are guaranteed for a period of 3 months from the date of purchase. After this period, no requests for replacement or refund will be accepted.
9.1 Disclaimer for product customization
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Products sold unfinished
- The products sold on our website are delivered blank and are intended to be personalized by the customer. Coque-sublimation.fr does not provide any personalization services.
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Customer responsibility
- The customer is solely responsible for the customization process and the application of the aluminum plate to the case. No warranty will be applied in the event of mishandling, improper application of the plate, or inappropriate use of the materials provided.
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Warranty exclusion
- We cannot be held responsible for defects resulting from a sublimation error (temperature, printing time, pressure, etc.) or from improper application of the plate to the case.
- No returns or refunds will be accepted for a product that has been personalized by the customer.
- Any defects related to the glue supplied or the adhesion of the plate to the shell are the responsibility of the customer during final assembly.
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Product verification before customization
- It is the customer's responsibility to verify the product's integrity before any customization. If a defect is visible before use, the customer must contact us before making any modifications to the product. The customer waives their rights once the product has been customized.
10. PERSONAL SPACE
10.1 CREATION OF THE SPACE
Creating a personal account is a prerequisite for placing any order on this website. To this end, the user will be asked to provide certain personal information. The user agrees to provide accurate information or risk having their account deleted.
Certain information is essential for creating a personal account and validating the contract. A member's refusal to provide this information will prevent the creation of a personal account and, consequently, the validation of the order.
10.2 OPERATION
This space allows the customer or member to view all their orders placed on the site and to modify their personal information.
If the data contained in the personal account section were to be lost due to an unforeseen event, a technical failure, or force majeure, the website publisher cannot be held liable, as this information is for informational purposes only. However, the publisher undertakes to securely retain all contractual documents whose retention is required by law or applicable regulations.
The publisher reserves the exclusive right to delete the account of any member who has violated these terms and conditions (including, but not limited to, cases where the member has knowingly provided false information during registration and the creation of their personal account) or any account that has been inactive for at least one year. Such deletion will not constitute grounds for damages for the excluded member, who will not be entitled to any compensation as a result.
This exclusion does not preclude the publisher from taking legal action against the member when the facts warrant it.
10.3 PASSWORD
When creating a personal account, the user is asked to choose a password. This password guarantees the confidentiality of the information contained in their personal account, and the user is therefore prohibited from sharing or disclosing it to any third party. Otherwise, the website cannot be held responsible for any unauthorized access to a member's account.
11. PUBLISHER'S NEWSLETTER
By expressly agreeing to this, members accept that the publisher may send them, at a frequency and in a form that it will determine, a newsletter that may contain information relating to its activity and agree to receive commercial offers from the publisher of this site for products similar to those ordered.
Members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, which is present in each of the newsletters.
12. PROTECTION OF PERSONAL DATA
12.1 GENERAL INFORMATION – PURPOSE – DURATION
Users are free to provide personal information about themselves. Providing personal information is not required to browse the site. However, registering on this site requires the publisher to collect certain personal information from users. Users who do not wish to provide the information necessary to create a personal account will not be able to place orders on the site.
The data collected is necessary for the proper administration of the services offered on the site and for the publisher to fulfill its contractual obligations. This data is stored by the publisher solely for this purpose, and the publisher undertakes not to use it for any other purpose, nor to transmit it to third parties, except with the express consent of the users or as required by law.
The contact details of all registered users on the site are saved for a maximum of six months from the date their personal account is deleted. This is a reasonable period necessary for the proper administration of the site and the normal use of the data. This data is stored securely, using current technological means, in accordance with applicable legal provisions.
12.2 RIGHT OF ACCESS, RECTIFICATION AND OBJECTION
In accordance with applicable law, members have the right to object to, inquire about, access, and correct the data they have provided. To do so, they simply need to submit a request to the website publisher by emailing hello@coque-sublimation.fr or by mail to the publisher's registered office address, which is indicated at the beginning of these terms and conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the website publisher.
The data controller is Mr. Louis Haincourt.
12.3 IP ADDRESS
Furthermore, the publisher reserves the right to collect the public IP (Internet Protocol) address of all users. This IP address will be collected anonymously, stored for the same duration as personal information, and used solely for the proper administration of the services offered on the website. An IP address is a series of numbers separated by periods that uniquely identifies a computer on the Internet.
The publisher must disclose all personal data relating to an internet user to the police (upon a court order) or to any other person (upon a judge's order). The IP address of any computer may be cross-referenced with the subscriber's actual identity held by the ISP (Internet Service Provider).
13. INFORMATION REGARDING THE COLLECTION OF "COOKIES"
13.1 GENERAL INFORMATION – PURPOSE – DURATION
To ensure optimal browsing for all users on this website and to improve the functionality of its various interfaces and applications, the publisher may place a cookie on the user's computer. This cookie stores information related to website navigation (date, page, time), as well as any data entered by users during their visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to one month and may be read and used by the publisher during a subsequent visit by the user to the website.
13.2 RIGHT TO OBJECT TO THE IMPLEMENTATION OF THE COOKIE
Users have the option to block, modify the retention period, or delete this cookie via their browser settings (usually found under Tools or Options / Privacy or Security). In such cases, browsing this website will not be optimized. If systematically disabling cookies in the user's browser prevents them from using certain services or features provided by the publisher, this malfunction shall not constitute grounds for any claim for damages, and the user shall not be entitled to any compensation as a result.
13.3 DELETING COOKIES
Users also have the option of deleting cookies previously stored on their computer by accessing the relevant menu in their browser (usually found under Tools or Options / Privacy or Security). This action does not affect their browsing experience on the site, but it does mean they lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.
14. DISCLAIMER OF PUBLISHER'S LIABILITY IN THE PERFORMANCE OF THIS AGREEMENT
In the event of inability to access the site, due to technical or other problems, the customer will not be able to claim damages and will not be entitled to any compensation.
The unavailability, even prolonged and without any time limit, of one or more products cannot constitute harm to internet users and cannot in any way give rise to the awarding of damages by the site or its publisher.
The publisher shall in no event be held liable for the non-performance or improper performance of the contract which may be directly or indirectly attributable to the actions of the client or to a case of force majeure, as defined by French law.
The visual representations of the products published on the website are guaranteed by the publisher to be perfectly faithful to reality, in order to fulfill its obligation to provide complete information. However, given the current state of technology, the rendering of these representations, particularly in terms of color and shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics hardware and screen, or the display resolution. These variations and differences cannot, under any circumstances, be attributed to the publisher, who cannot be held liable in any way for them.
The hyperlinks on this website may lead to other websites, and the publisher of this website cannot be held liable if the content of those sites violates applicable laws. Similarly, the publisher of this website cannot be held liable if a user suffers harm as a result of visiting one of these sites.
15. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE ELEMENTS PUBLISHED ON THIS SITE
All elements constituting this site are protected by intellectual property legislation.
Internet users therefore acknowledge that, in the absence of authorization, any total or partial copying and any distribution or exploitation of one or more of these elements, even modified, may give rise to legal proceedings brought against them by the publisher or its rights holders.
This protection will cover all textual and graphic content of the site, but also its structure, name and graphic charter.
16. MODIFICATION OF GENERAL TERMS AND CONDITIONS
These terms and conditions may be modified at any time by the website publisher or its representative. The terms and conditions applicable to the customer are those in effect on the date of their order. The publisher undertakes to retain all previous versions of these terms and conditions and to provide them to any user upon request.
17. APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by French law and subject to the jurisdiction of the French courts. The language of the contract is French.
18. AMICABLE SETTLEMENT OF DISPUTES
Except for matters of public policy, any disputes that may arise in connection with the performance of these terms and conditions may, before any legal action is taken, be submitted to the website publisher for consideration with a view to an amicable settlement. It is expressly noted that requests for amicable settlement do not suspend the time limits for initiating legal proceedings.
19. DIVISIBILITY
If any clause of these general terms and conditions is declared invalid by a court decision, this invalidity shall not invalidate the remaining clauses, which shall continue to have effect.
20. NON-WAIVER
The fact that the parties do not invoke one or more clauses of these general terms and conditions, whether temporarily or permanently, shall in no case constitute a waiver of their right to invoke the remainder of the general terms and conditions.
Updated on July 26, 2024 at 4:11 PM.
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