General Terms and Conditions of Sale Online
These General Conditions of Sale are current as of July 8, 2019
1.1. These General Conditions of Sale (hereinafter '' CGV '') are proposed by the company FLEX (hereinafter '' The Company ''), EURL with a capital of 2,000 euros, registered with the Trade and Companies Register of Nanterre under number 841761844, represented by Alexandre De Oliveira, whose registered office is 99 Rue de Sevres, 92100 Boulogne-Billancourt, France. His non-premium telephone number is 06 23 37 90 14, his e-mail address is firstname.lastname@example.org and his individual VAT identification number FR57841761844.
1.2. The company is the owner and publisher of the website https://flex-arcade.fr/ (hereinafter '' the Site ''). The Site is hosted by OVH, SAS, domiciled at 2 Rue Kellermann, 59100 Roubaix, France, reachable at 1007.
1.3. The director of the publication is Alexandre De Oliveira.
1.4. The Website offers the Customer (hereinafter "the Customer") the sale and rental of arcade terminals and accessories.
1.5. Before using the Site, the Customer must ensure that he has the technical and computer resources to use the Site and order them on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF TERMS
2.1. The purpose of these T & Cs is to define all the conditions under which the Company markets the products and / or services as offered for sale on the Website to Customers. They therefore apply to any Order ('' Order '') of products and / or services passed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these Terms and Conditions before placing his Order.
2.3. Validation of the Order is therefore acceptance of these Terms. These are regularly updated, the applicable GTC are those in force on the Site at the date of placing the Order.
2.4. Any contrary condition posed by the Customer is therefore, in the absence of express acceptance, unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself of any provision of these GTC at any given time can not be interpreted as a waiver of any provision of these GTC at a later date.
3. ORDERING ON THE SITE
3.1. The Company reserves the right to correct the content of the Site at any time.
3.2. The Customer selects the product (s) and / or services he wishes to purchase, and can access at any time the summary of his Order.
3.3. The summary of the Order lists the product (s) and / or services that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the product (s) and / or Order services. The Customer has the opportunity to modify his Order and correct any errors before accepting the Order.
3.4. After having access to the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the Terms and Conditions, then clicking on the validation icon of the Order. The mention "Order with payment obligation" or an unambiguous analogous formula appears next to the order validation icon to ensure that the Customer explicitly acknowledges its obligation to pay the Order.
3.5. After acceptance of the T & C and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.6. After the validation of his Order and in order to proceed to the payment, the Customer enters the details to which he wishes to obtain delivery of the product (s) and receipt of the service (s), and billing if they are different. The delivery process of the product (s) and receipt of the service (s) is described in ARTICLE 5 of these Terms and Conditions.
3.7. The Company then sends a confirmation of Order by email, including the elements of the summary of the Order and the delivery addresses and if applicable billing information.
3.8. After having validated his delivery details and, where applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
4. PRICES AND TERMS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of products and / or services, in euros and before tax and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and confirms the delivery details and if applicable billing and proceeds to payment. This total amount is indicated in all taxes.
4.3. The Order of the products and / or services on the Site is payable in euros. The totality of the payment must be carried out on the day of the Order by the Customer, by card, check, transfer, account paypal, except particular conditions of sale accepted expressly by the Customer and the Company.
4.4. In case of payment by credit card, the Site uses the security system of Quonto, a provider specialized in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The bank card transaction between the Customer and the secure system is fully encrypted and protected. The bank details of the Client are not stored electronically by the Company.
4.5. The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6. The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5. USE OF SERVICES - DELIVERY
5.1. The Company undertakes to deliver the product (s) within a period not exceeding 14 days for products in stock, 45 days for personalized products, from the date of the Order. The Customer must ensure that the information provided when placing his Order is correct.
5.2. The Customer is informed by email, when his Order is ready, of his shipment. The ordered product (s) is (are) delivered to the delivery address indicated by the Customer when placing his Order under the conditions specified in article 3.8 of these Terms.
5.3. The Customer must ensure that the information communicated referred to in article 3.8 of these Terms and Conditions is correct, and that they remain so until the complete delivery of the ordered product (s). The Customer undertakes to inform The Company of any change in billing and / or delivery details that may occur between the Order and the delivery, by sending, without delay, an email to the email address Customer Service. Otherwise, in case of delay and / or error of delivery, the Customer can not in any case incur liability of the Company in case of default of delivery, and the Customer Service of the Company will contact the Customer for a second delivery on client fee.
5.4. The Company will also not be liable if the non-receipt of the product (s) / service (s) is due to the fact of a third party outside its intervention or in case of theft.
5.5. In case of return of the Order due to the absence of the Customer, the Customer Service of the Company will contact the Customer for a second delivery at the expense of the Customer.
5.6. The Customer may follow the delivery of his Order by contacting the Customer Service whose number appears in ARTICLE 6 of these Terms.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or for any claim, the Customer must contact, in priority, the Customer Service of the Company, to enable the latter to try to find a solution to the problem.
6.2. The Company's Customer Service is open from 9am to 7pm Monday to Saturday using the following coordinates:
- Telephone 06 23 37 90 14
- email: email@example.com
- mail: 99 Rue de Sevres, 92100 Boulogne-Billancourt, France
7. CUSTOMER OBLIGATIONS
7.1. The Customer agrees to comply with the terms of these Terms.
7.2. The Customer agrees to use the Site in accordance with the instructions of the Company.
7.3. The Customer agrees that he uses the Site only for his personal use, in accordance with these Terms. In this respect, the Customer agrees to abstain:
- To use the Site in any way illegal, for any illegal purpose or in any way incompatible with these Terms.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content contained on the Site or to decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site.
- To attempt to gain unauthorized access to the Site's computer system or to engage in any disruptive activity, decreasing the quality or interfering with performance or damaging the functionality of the Site.
- Use the Site for abusive purposes by intentionally introducing viruses or other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company
- To denigrate the Site
7.4. If, for any reason, the Company considers that the Customer does not comply with these Terms, the Company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal proceedings to against him.
8. RIGHT OF WITHDRAWAL
8.1. In accordance with Articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days from the Site to exercise his right of withdrawal from the Company, without having to justify any reasons or to pay penalty.
8.2. To exercise the right of withdrawal of the Order, the Customer must notify its decision of withdrawal by means of an unambiguous declaration, without justifying reasons. The Customer may communicate its withdrawal decision to the Company by any means, in particular by sending it by post to the Company at the following address: 99 Rue de Sevres, 92100 Boulogne-Billancourt, France or by email at contact @ flex- arcade.fr.
8.3. In case of notification to the Company by the Customer of his decision to withdraw, regardless of the means used, the Company will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including by email).
8.4. In the event of withdrawal of the Customer, the refund of the product (s) and / or services which has or have been the subject of the right of retraction is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this refund will not incur any costs for the Customer. The reimbursement is made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client's decision to cancel the Order.
8.5. According to article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. Requests for the exercise of the right of withdrawal will therefore be systematically refused for orders for "à la carte" products, with customization of buttons, specific chassis colors, printing custom flanks or banner strips, etc.
8.6. The right of withdrawal applies between professionals only when the contract is concluded off premises and that it does not fall within the main field of activity of the customer.
9.1. The Company implements all the measures necessary to ensure to the Customer the supply, under optimal conditions,. However, it can not in any way be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable event of a third party who is not a party to the contract, or a case of force majeure. More generally, if the liability of the Company were engaged, it could in no way agree to compensate the Customer for indirect damages or whose existence and / or quantum would not be established by evidence.
9.2. The Site may contain links to other sites not edited or controlled by the Company, which can not be held responsible for the operation, content or any element present or obtained through these sites.
9.3. The setting up of such links or the reference to any information, articles or services provided by a third party, can not and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements. of their contents.
9.4. The Company is not responsible for the availability of these sites and can not control the content or validate the advertising, and other information on these websites.
9.5. It is expressly stipulated that the Company can not be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment voucher, the summary statement of the Order or the tracking e-mail.
9.6. The Customer is fully aware of the provisions of this article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
The Customer undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed to any fraudulent access and / or maintenance in the Company's information system. The Customer can not harm or interfere with the Company's information system. Failing this, the Company may take any measure against it and notably incur criminal liability under Articles 323-1 et seq. Of the Penal Code.
11. INTELLECTUAL PROPERTY
11.1. All elements of this Site and the Site itself, are protected by copyright, the right of trademarks, designs and / or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
11.2. The name and brand logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
11.3. No title or right to any element or software will be obtained by downloading or copying elements of this Site. It is expressly forbidden for the Customer to reproduce (except for personal and noncommercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more that modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
11.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and can not be transferred or transferred to any third party. The license is granted for the duration of use of the Site.
11.5. Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited unless expressly agreed by the Company.
12.1. By ticking the box provided for this purpose or by expressly agreeing to this end, the Customer agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to his activity.
12.2. When the Client checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for similar to those ordered.
12.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
13. APPLICABLE LAW AND JURISDICTION
13.1. These Terms and Conditions are governed by and construed in accordance with French law, without regard to conflict of laws principles.
13.2. In the event of a dispute that may arise during the interpretation and / or execution of these Terms and Conditions or in relation to these Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute settlement.
13.3. The Client can visit the European platform for consumer dispute resolution set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/.
13.4. In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.