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These general conditions of sale apply to all sales concluded on the Print My Dream website.
The website www.printmydream.fr is a service of:
· The Sole Proprietorship Concept Dream Print
· Located 59 rue Sadi Carnot 86000 Poitiers, France
· URL of the website: www.printmydream.fr
· E-mail: email@example.com
· Telephone number: 0549521671
The Print My Dream website markets the following products: Impressions on any media.
The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is worth acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.
They are accessible on the Print My Dream website and will prevail, if necessary, on any other version or any other contradictory document.
The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted.
If a condition of sale should be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until 30 November 2030.
The seller is a member of the FEVAD (Federation of Distance Selling Companies) and undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
Article 2 - Content
These terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website Print My Dream.
These conditions apply only to purchases made on the site of Print My Dream and delivered exclusively in mainland France or in Corsica. For all deliveries in the DOM-TOM or abroad, you should send a message to the following e-mail address: firstname.lastname@example.org.
These purchases concern the following products: Impressions on all media.
Article 3 - Precontractual information
The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and / or the method of calculating the price;
- if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required;
- in the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, whatever their price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of digital content and, where appropriate, its interoperability, the existence of and how to implement the guarantees and other contractual conditions.
Article 4 - The order
The buyer has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or property ordered.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.
The sale will be considered final:
- after sending the buyer the confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.
In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number: 0549521671 (cost of a local call), on the following days and times: Monday to Saturday from 10h to 21h, or send a email the seller to the following email address: email@example.com.
The use of this Site for the sending or the use of image in any way assimilable to the sending of unwanted or unsolicited emails ("Spam") is prohibited. The use of scripts or other programs for the purposes of automating the creation and / or sending of images is prohibited. Print My Dream reserves the right, in its sole discretion, at any time and without notice, to limit the number of recipients to whom you can send an image that you can send by mail. You agree to respond personally to the protection of your password and account access control that you hold. You agree to be personally responsible for all orders placed or other actions made through the account you hold.
Article 5 - Electronic Signature
The online supply of the buyer's credit card number and the final validation of the order will be proof of the agreement of the buyer:
- payment of sums due under the purchase order;
- signature and express acceptance of all the operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, upon the finding of this use, to contact the seller at the following phone number: 0549521671.
Article 6 - Order Confirmation
The seller provides the buyer with an order confirmation, by e-mail.
Article 7 - Proof of the transaction
The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 8 - Product Information
The products governed by these terms and conditions are those listed on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.
Article 10 - Method of payment
This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer.
To pay for his order, the buyer has, at his option, all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in full on the day of the order, according to the following modalities:
- Bank card
Article 11 - Availability of Products - Reimbursement - Resolution
Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 3 days from the day following the day the buyer placed his order, according to the following terms: Chronopost 24h or Colissimo 48 / 72h. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.
In case of non-compliance with the agreed date or delivery time, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional time.
Failing execution on the expiry of this new period, the buyer may freely break the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has meanwhile executed.
The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the modalities and the deadline specified above.
The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).
This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions legal notice.
If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint formulated outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).
Article 13 - Delivery Errors
The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.
The claim can be made, at the choice of the buyer:
- by telephone at the following number: 0549521670;
- by e-mail to the following address: firstname.lastname@example.org.
Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.
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 Recommandé, at the following address: 59 rue Carnot, 86000 Poitiers.
Return shipping costs are the responsibility of the seller.
Article 14 - Product Warranty
14-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the sold property to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the code of consumption.
In case of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the property to act;
- the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.
14-2 Legal guarantee of hidden defects
In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are likely to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
Article 15 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by the latter, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
Article 16 - Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 17 - IT and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Print My Dream website has been declared to the CNIL.
The buyer has a permanent right of access, modification,
Article 18 - Partial non-validation
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 19 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
Article 20 - Mediation
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 21 - Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the court of first instance for disputes over € 10,000.
This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 22 - Protection of personal data
The personal data collected on this site are as follows:
- account opening: when creating the user's account, his name; email address ; Phone Number ; address ;
- connection: when the user logs on to the website, the user registers, in particular, his last name, first name, login, usage, location and payment data;
- profile: the use of services provided on the website can provide a profile, which may include an address and a phone number;
- payment: as part of the payment of the products and services offered on the website, the latter records financial data relating to the bank account or credit card of the user;
- communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;
- cookies: cookies are used, as part of the use of the site. The user has the option to disable cookies from his browser settings.
Use of personal data
The personal data collected from the users aim at providing the services of the website, improving them and maintaining a secure environment. Specifically, the uses are:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offer the user the opportunity to communicate with other users of the website;
- implementation of user assistance;
- customization of services by displaying advertisements based on the user's browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious softwares or malware) and security incident management;
- management of any disputes with users;
- sending commercial and advertising information, according to the preferences of the user.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to the data of the user, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to the protection of personal data. staff ;
- if the website is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures for digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website can not guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request at the following address: email@example.com.
· The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the identity of the user to verify its accuracy.
· The right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
· The right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
· The right to limit processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided by the RGPD.
· The right to oppose data processing: users may object to its data being processed in accordance with the assumptions set out in the GDPR.
· The right to portability: they can claim that the website gives them the personal data provided to them for transmission to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this clause for the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.
Code of Consumption
Article L. 217-4: "The seller delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or the installation when it has been charged to him by the contract or was carried out under his responsibility. "
Article L. 217-5: "The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted. "
Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them".
Article L. 217-7: "Deficiencies of conformity that appear within a period of twenty-four months from the delivery of the property are presumed to exist at the time of delivery, unless proven otherwise. For used second-hand goods, this period is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "
Article L. 217-8: "The buyer has the right to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he contracted. I