Terms of Sales
1. INTRODUCTION
The general terms and conditions of sale below govern, without
restriction or reserve and exclusively, the pre-contractual and
contractual relations between any user of the website www.istory.fr,
hereafter "the User", and SUDE COMMUNICATION, registered in the RCS of
Toulouse under the number 393 808 043 and whose head office is located
560 route de Marignac - 31430 Saint Elix Le Château and whose e-mail
address is: contact@istory.fr, hereafter "SUDE".
In particular,
they specify the conditions of order, payment, delivery and management
of possible returns of the products offered for sale on the website
www.istory.fr, hereafter "the Products", hereinafter "the Website".
These
general terms and conditions of sale apply to the exclusion of all
other conditions. They are accessible at any time on the Internet Site
and will prevail, if necessary, over any other version or any other
contradictory document.
SUDE may from time to time modify some of
the provisions of its general terms and conditions. These modifications
are enforceable from the time they are put online and cannot be applied
to contracts concluded previously. Each purchase on the Website is
governed by the general terms and conditions applicable at the date of
the order.
By accessing the Website, the User undertakes to respect the General Terms and Conditions of the Internet ite contained therein.
By
validating the order, the User consequently accepts without reserve the
General Terms and Conditions of Sale and acknowledges having read and
understood them.
2. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
The User has the possibility to check the details of his order, its total price and to correct any errors before confirming acceptance. It is the User's responsibility to check the accuracy of the order and immediately rectify any errors before confirming his/her purchase by accepting these General Terms and Conditions of Sale by ticking the box provided for this purpose and then proceeding with the payment of the order according to the means of payment made available on the Website.
The sale is final only after SUDE has sent, by e-mail, an acknowledgement of receipt accepting the order as confirmed by the User. This acknowledgement shall be sent within a maximum of 24 hours from the date of payment of the order.
Once confirmed, under the conditions described above, the order cannot be modified or cancelled, except in cases of force majeure.
Any order placed, validated by the User and confirmed by SUDE, on the Website constitutes the formation of a contract concluded remotely between SUDE and the User.
In the absence of proof to the contrary, the data recorded in SUDE's computer system shall constitute proof of all transactions concluded with the User.
SUDE reserves the right to cancel or refuse any order from a User with whom there is a dispute over payment of a previous order, or when the images transmitted are unsuitable in their quality or contrary to public order.
In case of refusal of an order, SUDE undertakes to inform the User and to cancel the payment for the said order.
The User may follow the progress of his/her order on the Website until it is shipped. As the Products are personalized, the User does not have the right to cancel, retract or return the Products ordered.
3. PRICE
The sales prices indicated on the Website are in euros and
include all taxes but exclude delivery charges which will be invoiced
in addition and calculated prior to placing the order.
Offers and
prices are firm and non-revisable for the period indicated on the
Website. SUDE reserves the right to modify its prices at any time, but
undertakes to apply the current prices indicated on the Website at the
time of the order.
4. DELIVERY TIMES AND METHODS
The
average delivery time for orders is about 2 to 3 weeks, it may vary
depending on the country of destination of the order. SUDE makes every
effort to reduce this delay. The package will be delivered to the User,
at the address indicated in the order, without signature in the mailbox,
or at the post office in his absence.
The date of dispatch of the
order will be communicated to the User by email. SUDE makes every effort
to respect the delivery times mentioned above. SUDE cannot be held
responsible for delays in delivery beyond its control and related in
particular to any delay in the postal services.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
If
the Products ordered have not been delivered within 60 days after the
indicative delivery date, for any reason other than force majeure or the
User's fault, the sale may be cancelled at the User's written request
under the conditions provided for in Articles L 216-2, L 216-3 and
L241-4 of the French Consumer Code. The sums paid by the User will be
returned to him/her within fourteen (14) days following the date of
termination of the contract at the latest, to the exclusion of any other
compensation or deduction.
5. MODES OF PAYMENT
SUDE
provides the User with several secure payment methods that are used at
the end of the ordering process and allow validation:
Payment by
credit card (CB, Visa or Mastercard): the debit is deferred when your
order is shipped on condition that you have obtained prior authorization
to debit your account from the appropriate payment centers, otherwise
the order cannot be processed. Payment by credit card is irrevocable,
except in case of fraudulent use of the card. In this case, the User may
request the cancellation of the payment and the return of the
corresponding sums.
Payment by promotional code: in the case of a
commercial operation conducted by SUDE or one of its partners,
promotional codes equivalent to discount amounts are issued. These codes
may be used to pay for all or part of an order. In the case of an order
for an amount less than the value of the promotional codes, the
difference will not be refunded.
6. RIGHT OF RENUNCIATION
In
accordance with the legal provisions in force, the consumer does not
have the right to renounce the purchase, in accordance with Article L
221-28 of the Consumer Code created by Order No. 2016-301 of March 14,
2016.
Indeed, the Products marketed by SUDE constitute the supply of
goods made to the consumer's specifications or clearly personalized.
7. TO BE CARRIED OUT BY THE BUYER UPON DELIVERY
Upon
receipt of his order, the User must examine the Products and report to
SUDE, without delay, any apparent defects and any discrepancies with the
contractual specifications, i.e. any defects that can be quickly
detected by careful and serious inspection.
Generally speaking, the
User benefits from a "satisfied or reimbursed" guarantee and SUDE
undertakes to reprint and ship at its own expense any non-compliant
Product returned in its entirety by a User within seven (7) calendar
days at the latest from the date of receipt of the Product by the User.
8. LEGAL WARRANTY
The Products sold on the Website comply with the regulations in force in France.
The Products supplied benefit by right and without additional payment, in accordance with the legal provisions:
-
Of the legal guarantee of conformity, for the Products apparently
defective, damaged or damaged not corresponding to the order,
- The
legal guarantee against hidden defects resulting from a defect in
material, design or manufacture affecting the Products delivered and
rendering them unfit for use.
It is recalled that under the legal
warranty, the User has a period of two years from the delivery of the
goods to take action against SUDE; He may choose between repair or
replacement of the Product ordered, subject to the cost conditions
provided for in Article L 217-9 of the French Consumer Code; he is
exempt from providing proof of the existence of the Product's lack of
conformity during the twenty-four months following delivery of the
Product.
Shipping costs will be reimbursed on the basis of the
invoiced rate and return costs will be reimbursed upon presentation of
the receipts.
Reimbursement of Products deemed to be non-conforming
or defective will be made as soon as possible and at the latest within
90 days following SUDE's discovery of the non-conformity or latent
defect.
Reimbursement shall be made by crediting the User's bank account or by cheque.
9. RETURN
The
shipping costs of the item(s) are the responsibility of the User. For
any package return, the User must return it (them) by post, accompanied
by the order form received by e-mail at the time of the initial order.
10. RESPONSIBILITY
SUDE
cannot be held responsible for the non-fulfilment of the concluded
contract, on the one hand in case of force majeure, as defined by the
courts, and on the other hand in case of fault of the customer or the
unforeseeable and insurmountable fact of a third party to the contract.
The User is reminded that it is necessary for him to proceed with the backup of the data contained in the products purchased.
SUDE
cannot be held responsible for the consequences resulting from the
misuse of the Products and the User is responsible for what he or she
puts online.
Under no circumstances shall SUDE, its directors,
officers and employees be held liable for the legality of the content it
hosts.
SUDE cannot be held liable in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the User to verify,
-
In the event of misuse, professional use, negligence or lack of
maintenance on the part of the User, such as in the event of normal wear
and tear of the Product, accident or force majeure.
SUDE's warranty
is, in any event, limited to the replacement or reimbursement of
Products that do not conform or are defective, to the exclusion of any
other prejudice.
11. PROMOTIONAL CODES
They can be
proposed by SUDE or by different partners. Their use is subject to
certain conditions, in addition to any additional conditions that may be
mentioned on the voucher containing the promotional code :
- The
codes are only valid on the products specified on the Website. A code
can only be used once per person and is non-refundable. Promotional
codes cannot be accumulated. In order to benefit from the discount
linked to the codes, it is imperative to enter them in the box reserved
for this purpose when placing the order on the Website. If the User
forgets the codes, SUDE will not be able to cancel the order, reimburse
it, or renew it to take into account this promotion.
The
promotional codes are valid only for the periods indicated on the
voucher or on the Website, and are applicable to the total amount,
including all taxes.
12. PROTECTION OF PERSONAL DATA
12.a DPMR (General Data Protection Regulations)
SUDE
collects certain information from the User, including the User's first
name, surname, date of birth, telephone numbers and e-mail address. This
data is stored on a server outsourced by our service provider OVH -
These personal data requested are necessary in particular to process the order and to draw up invoices.
When the User places an order on the Website, 3 emails are sent to the User:
- A confirmation of the creation of his account, with a reminder of his identifiers;
- An order confirmation;
- A confirmation of shipment of the package.
These
emails are sent automatically via the tool developed by our service
provider Mailjet (Mailjet, 13 r Aubrac, 75012 PARIS, 01 40 28 08 42).
By
adhering to the general terms and conditions of sale, the User consents
to SUDE collecting and using this data for the performance of this
contract.
When the User subscribes to the newsletters, he or she
agrees to receive informational and promotional emails as well as good
deals concerning SUDE's products, at a frequency of 2 per month maximum.
SUDE will not transfer the personal data of Users who will not receive any offers sent by partners.
The
processing of information communicated via the Website complies with
the legal requirements for the protection of personal data, with the
information system used ensuring optimal protection of such data.
In
accordance with Law 78-17 "Informatique et Libertés" of January 6, 1978,
amended by Law n°2018-493 of June 20, 2018, the User has the right to
question, permanent access, modification, opposition, rectification,
deletion, portability and limitation of the processing of information
concerning him/her and may exercise his/her rights by sending an e-mail
to the following address: contact@istory.fr.
The User may unsubscribe
at any time. To do so, he simply needs to click on the link at the end
of the emails or to contact SUDE by letter RAR at the following address:
108, avenue saint germier - 31600 Muret - France or to
SUDE monitors traffic on the entire Website using the Google Analytics tool.
12.b Data security
12.b.1 Photos
SUDE hosts the photos and creations of its Users free of charge for a maximum period of 3 months.
After
this period, the photos or photographic works will be deleted, SUDE
being under no obligation to keep the photographs and creations
transferred by the User.
No guarantee of storage of the content
transmitted in the context of the use of the services is provided to the
User. SUDE cannot be held responsible for the deletion or erasure of
this content.
SUDE undertakes to take all useful precautions to
preserve the security of the photo data of its Users and in particular
to prevent it from being used by an unauthorized third party, distorted
or damaged without the User's consent. In particular, SUDE undertakes to
respect all the technical prescriptions in accordance with the
processing of the photos.
SUDE cannot be held responsible in the event of loss or accidental destruction of the User's data.
13. INTELLECTUAL PROPERTY
The
entire content of the Website and Istory applications (illustrations,
texts, labels, trademarks, images, videos) is the property of SUDE, its
co-contractors or partners, who have granted SUDE the right to use and
exploit it.
Any partial or total reproduction of the content by any
process whatsoever and on any medium is subject to prior and express
authorization from SUDE.
All information, content, files and software
offered on the Website are protected by intellectual property rights
(such as copyright and trademark law) recognized by French legislation
and international conventions. SUDE grants the User a limited and
non-exclusive license to access and use the Website and applications
solely for the User's personal, non-commercial use.
Under no
circumstances may the User download (other than for caching purposes),
reproduce (other than by printing a single copy) or modify the Website
or its content, in whole or in part.
The User may not reproduce,
imitate, copy, sell, resell, visit or in any way exploit the Website or
any part thereof for commercial purposes, except with the prior written
consent of SUDE. SUDE shall in no event be liable for any infringement
by a User of intellectual property rights owned by third parties arising
out of the User's activities on the Website or through access to the
Website.
14. RESPONSIBILITY
If, in the performance of
the obligations incumbent upon it, SUDE is held liable, the User may
only claim damages and interest which may not exceed the total amount
paid by the customer in settlement of the order in question.
Solely
by placing an order on the Website, the User declares that he or she has
the rights and/or authorisations necessary to reproduce on the Product
ordered the personalisation elements transmitted to SUDE and thus not to
infringe an intellectual or industrial property right, or the privacy
of a third party, and in particular an element protected under the law
on designs and models, trademarks, patents or copyrights.
SUDE
refuses to reproduce any visual contrary to morality, which would
infringe on the human rights of citizens, or which would present a type,
and without this being restrictive: paedophile, pornographic, racist or
violent.
The User therefore guarantees SUDE against any recourse by a
third party due to the reproduction of the disputed element on the
personalized Product or the use of the personalized Product by the User.
The
User agrees to indemnify SUDE for any damage (including any
compensation it may have to pay to third parties for any costs or fees
it may have to bear in its defence) that it may suffer as a result of
the dissemination on the Website of the images communicated to it by the
User, any violation of these General Terms and Conditions of Sale or
any illegal activity carried out as a result of any fault or negligence
on the part of the User.
15. ADDRESS
Complaints relating to the Products ordered may be addressed :
- either by mail to the following address Istory, Customer Service, BP218 - 31600 Muret - France.
- or by email via the contact form.
Likewise, Products returned in accordance with the present general terms and conditions must be sent to this address.
16. MAJOR STRENGTH
The
parties shall not be held liable if the non-execution or delay in the
execution of any of their obligations, as described herein, results from
a case of force majeure, as defined in Article 1218 of the Civil Code.
17. DISPUTE
All agreements concluded with SUDE as well as the present general terms and conditions are exclusively governed by French law.
In
accordance with Article 6 of the United Nations Convention on
International Agreements Concerning Goods of April 11, 1980, the
application of this treaty is expressly excluded.
18. COOKIE INFORMATION
When
the User uses Istory, he accepts the use of cookies. A cookie is a
small text file in alphanumeric format deposited on the hard disk of the
Internet user by the server of the visited Site or by a third party
server. Istory uses cookies in order to provide a better browsing
experience for the User. They also make it possible to improve the
Website, to establish frequentation and use statistics, and also to
adapt the presentation of the Website to the display preferences of your
Terminal (language used, operating system used, etc.).
The User may
not accept cookies. However, some features of the service may not
function properly without the acceptance of cookies. The User may block
or delete cookies by going to the settings of his or her Internet
browser.
en supplément et calculés préalablement à la passation de la commande.
Les offres et les prix sont fermes et non révisables pour la période indiquée sur le Site internet. SUDE se réserve le droit de modifier ses prix à tout moment mais s’engage à appliquer les tarifs en vigueur indiqués sur le Site Internet au moment de la commande.