Terms of Sales
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1. DEFINITIONS
1.1. These General Terms and Conditions of Sale (hereinafter ''GTC'') are offered by the company FLEX (hereinafter ''The Company''), EURL with a capital of 2,000 euros, registered in the Trade and Companies Register de Nanterre under number 841761844, represented by Alexandre De Oliveira, whose registered office is 99 Rue de Sevres, 92100 Boulogne-Billancourt, France. His non-surcharged telephone number is 06 23 37 90 14, his e-mail address is contact@flex-arcade.fr and his individual intra-community 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 publication director is Alexandre De Oliveira.
1.4. The Site offers the Customer (hereinafter ''the Customer'') the sale and rental of arcade terminals and accessories.
1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and to 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 hardware/equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE T&Cs
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 Site to Customers. They therefore apply to any Order (“Order”) of products and/or services placed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these GCS before placing his Order.
2.3. The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed.
2.4. Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be 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 at any given time of any provision of these T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of the said T&Cs.
3. ORDER FROM 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 the summary of his Order at any time.
3.3. The summary of the Order presents the list of the product(s) and/or service(s) that the Customer has selected, and includes any additional costs such as the delivery price which is added to the price of the product(s) and/or Order services. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
3.4. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The mention ''Order with payment obligation'' or a similar formula devoid of any ambiguity appears next to the validation icon of the Order in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.5. After acceptance of the GCS 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 be able 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 process of delivery of the product(s) and receipt of the service(s) is described in ARTICLE 5 of these GCS.
3.7. The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.
3.8. After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below.
4. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the products and/or services, in euros and excluding tax and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. The Order of products and/or services on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by card, check, transfer, paypal account, except for special conditions of sale expressly accepted by the Customer and the Company.
4.4. In the event of payment by credit card, the Site uses the Quonto security system, a service provider specializing in online payment security. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details 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, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5. USE OF THE 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 the Order is correct.
5.2. The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GCS.
5.3. The Customer must ensure that the information communicated referred to in article 3.8 of these GCS is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore 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 Customer Service email address. Failing this, in the event of delay and/or delivery error, the Customer cannot in any case engage the Company's liability in the event of non-delivery, and the Company's Customer Service 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 the event of theft.
5.5. In case of return of the Order due to the absence of the Customer, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
5.6. The Customer may follow the delivery of his Order by contacting Customer Service, the number of which appears in ARTICLE 6 of these GCS.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or for any complaint, the Customer must contact, in priority, the Customer Service of The Company, in order to allow the latter to try to find a solution to the problem.
6.2. The Company's Customer Service is available from 9 a.m. to 7 p.m. from Monday to Saturday using the following contact details:
– Phone 06 23 37 90 14
– email: contact@flex-arcade.fr
– mail: 1 rue Hélène Boucher 28700 Auneau
7. CUSTOMER OBLIGATIONS
7.1. The Customer agrees to comply with the terms of these T&Cs.
7.2. The Client undertakes to use the Site in accordance with the Company's instructions.
7.3. The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
– To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
– To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
– Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
– To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
– Infringe the intellectual property rights of the Company
– To disparage the Site
7.4. If, for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
8. RIGHT OF WITHDRAWAL
8.1. In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or to pay a penalty.
8.2. To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw 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 to contact@flex- arcade.fr.
8.3. In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
8.4. In the event of withdrawal by the Customer, the reimbursement of the product(s) and/or services which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from his Order.
8.5. According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. Requests to exercise the right of withdrawal will therefore be systematically refused for orders of "à la carte" products, with personalization of buttons, specific frame colors, printing of personalized sides or light strips, etc.
8.6. The right of withdrawal only applies between professionals when the contract is concluded off-site and does not fall within the client's main field of activity.
9. LIABILITY
9.1. The Company implements all the appropriate measures to ensure the Customer the supply, under optimal conditions, . However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case accept to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.
9.2. The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
9.3. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.
9.4. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising and other information disseminated on these websites.
9.5. It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the e-mail for tracking shipment.
9.6. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
10. SECURITY
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 and following of the Criminal Code.
11. INTELLECTUAL PROPERTY
11.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all 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 and models, 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 from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
11.4. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
11.5. Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.
12. NEWSLETTER
12.1. By ticking the box provided for this purpose or by expressly agreeing to this end, the Client accepts 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 its activity.
12.2. When the Customer ticks 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 products 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 ATTRIBUTION OF JURISDICTION
13.1. These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
13.2. In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
13.3. The Customer can go to the European consumer dispute resolution platform 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 the event of failure of this mediation procedure or if the Client wishes to take legal action, the rules of the Code of Civil Procedure will apply.
