Terms of sale
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to purchase the products offered for sale ("Products") by the Seller on the website darkhatminiatures.myshopify.com. It is specified that creating an account on this site implies acceptance of these general terms and conditions of sale, as provided for in Article 3Bis. The Products offered for sale on the site are as follows: figurines, busts. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website darkhatminiatures.myshopify.com, and it is the customer's responsibility to be aware of them before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to stock availability, as specified when placing the order. These GTC are accessible at any time on the website darkhatminiatures.myshopify.com and shall prevail over any other document. The Customer declares to have read these GTC and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the website darkhatminiatures.myshopify.com. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Seller's contact details are as follows: DARKHAT MINIATURES Christophe GARREAU 77 rue Lemerchier - 80000 AMIENS Registration number: 51386888500031 Email: darkhatminiatures@gmail.com The Products presented on the website darkhatminiatures.myshopify.com are offered for sale in the following territories: France, European Union countries, United Kingdom, Switzerland, United States, Japan, Switzerland, Canada. In the event of an order to a country other than metropolitan France, the Customer is the importer of the ordered Product(s). For all Products shipped outside the European Union and overseas departments and territories, the price will be automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be levied. They shall be the responsibility of and payable solely by the Customer.
Article 2 - PRICE
The Products are provided at the prices in force shown on the website darkhatminiatures@gmail.com at the time of the order registration by the Seller. The prices are expressed in Euros and including VAT. However, pursuant to Article 293B of the French General Tax Code (CGI), VAT is not applicable by the Seller and will not be invoiced to the customer, nor collected. The prices take into account any discounts that may be granted by the Seller on the website darkhatminiatures.myshopify.com. These prices are firm, but the Seller reserves the right to modify the prices at any time. The prices do not include shipping, transportation, and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.
Article 3 - ORDERS
It is the Customer's responsibility to select the Products they wish to order on the website darkhatminiatures@gmail.com, according to the following modalities:
The customer chooses a Product and adds it to their shopping cart, which they can delete or modify before validating their order and accepting these general terms and conditions of sale. Then, they will enter their contact information or log into their account (already containing their contact information) and choose the mode of delivery.
After validating the information, the order will be considered final and will require payment from the Customer according to the specified terms.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and immediately report any errors. The Seller cannot be held responsible for any errors made by the Customer in the information provided, including their identity and delivery address.
Any order placed on the website darkhatminiatures@gmail.com constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer can track the progress of their order on the website.
Article 3 Bis - CUSTOMER ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do so, they must register by filling out the form provided to them at the time of their order and undertake to provide sincere and accurate information regarding their personal details and contact information, including their email address.
The Customer is responsible for keeping the provided information up to date. It is specified that they can modify it by logging into their account.
To access their personal space and order history, the Customer must identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. In this regard, the Customer agrees not to disclose them. Otherwise, they will remain solely responsible for any use made of them.
The Customer may also request to unsubscribe by visiting the dedicated page in their personal space or by sending an email to: darkhatminiatures@gmail.com. This will take effect within a reasonable period.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website darkhatminiatures.myshopify.com will have the possibility to suspend or even close a customer's account after sending an electronic notice that remains without effect.
Any deletion of an account, regardless of the reason, will result in the complete deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the website or server, and subject to any interruption or modification in case of maintenance, does not engage the Seller's liability.
The creation of the account implies acceptance of these general terms and conditions of sale.
Article 4 - PAYMENT TERMS
The price is paid through a secure payment method, according to the following modalities:
Payment via PayPal or by credit card through Shopify Payments.
The price is payable in full by the Customer at the time of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in the bank transactions carried out on the website darkhatminiatures.myshopify.com.
Payments made by the Customer will only be considered final after the Seller has effectively received the due amounts.
The Seller will not be obliged to deliver the ordered Products to the Customer if the Customer does not fully pay the price under the conditions indicated above.
Likewise, in the event of any fraudulent activity, the sale will be considered void, and the Seller may simply cancel the order without any obligations.
Article 5 - DELIVERY
The Products ordered by the Customer will be delivered in mainland France or in the following areas: France, European Union countries, United Kingdom, Switzerland, United States, Japan, Switzerland, Canada.
Deliveries are made within a period of 7 to 8 business days to the address indicated by the Customer during their order on the website.
Delivery is considered completed when the Customer physically possesses or gains control of the Product. Unless there is a specific case or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make their best efforts to deliver the Products ordered by the Customer within the specified timeframes.
If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are carried out by an independent carrier (Colissimo) to the address specified by the Customer during the order, and to which the carrier can easily access.
When the Customer themselves arranges for a carrier of their choice, the delivery is considered completed upon the Seller's handover of the ordered Products to the carrier who accepts them without reservations. The Customer acknowledges that it is the carrier's responsibility to perform the delivery and has no recourse against the Seller in case of failure to deliver the transported goods.
In the event of a specific request from the Customer regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a prior written estimate accepted by the Customer.
The Customer is responsible for checking the condition of the delivered products immediately upon delivery. They have a period of 3 days from the delivery to make any claims by email, accompanied by all relevant supporting documents (including photos). After this period and in the absence of complying with these formalities, the Products will be deemed to be in conformity and free from any apparent defects, and no claims can be validly accepted by the Seller.
The Seller will reimburse or replace, at their expense and as soon as possible, the delivered Products for which non-conformity, apparent defects, or hidden defects have been duly proven by the Customer, in accordance with the conditions provided for in Articles L217-4 and subsequent of the Consumer Code and those provided for in these general terms and conditions of sale.
The transfer of risks of loss and damage relating to the Products will only occur when the Customer physically takes possession of the Products. Therefore, the Products are transported at the Seller's risks and perils unless the Customer has chosen the carrier themselves. In this case, the risks are transferred upon delivery of the goods to the carrier.
Article 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products to the Customer will only occur after full payment of the price by the Customer, regardless of the delivery date of said Products.
Article 7 - RIGHT OF WITHDRAWAL
According to the provisions of Article L221-18 of the Consumer Code, "For contracts providing for the regular delivery of goods over a defined period, the withdrawal period runs from the receipt of the first goods."
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the website, or by any other unambiguous statement expressing the intention to withdraw, in particular by postal mail sent to the Seller at the postal or email address indicated in ARTICLE 1 of the Terms and Conditions.
Simply returning the goods without a declaration or refusing to take delivery is not sufficient to express your intention to withdraw.
Before the expiration of the withdrawal period, you must send one of the following documents to the seller:
Standard withdrawal form provided with the contract Other written document expressing your intention to withdraw You can use a document template to draft your letter.
https://www.service-public.fr/particuliers/vosdroits/R15904
Returns must be made in their original condition and complete (packaging, accessories, instructions, shipping insurance, etc.) to allow for their resale in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products (including missing parts of a figurine or a bust) will not be accepted for return. Returned Products that are damaged, soiled, or incomplete will not be eligible for a refund.
The cost of return will be borne by the Customer and must include insurance whose indemnity will be at least equal to the amount paid at the time of the order. In the absence of insurance taken out by the Customer for the return and in the event of loss or deterioration of the Products during shipment, the Customer will be responsible for the loss of the item and will not be eligible for any refund from the Seller.
The exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
The refund may be deferred until the day the goods are recovered by the Seller and provided that the Products are received by the Seller in their original condition and complete as indicated in this article.
Article 8 - SELLER'S LIABILITY - WARRANTIES
The Products provided by the Seller benefit from:
the legal warranty of conformity for defective, damaged, or non-compliant Products,
the legal warranty against hidden defects resulting from a defect in material, design, or manufacturing that affects the delivered products and renders them unfit for use.
Provisions regarding legal warranties
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when it was made their responsibility by the contract or was carried out under their responsibility."
Article L217-5 of the Consumer Code
"The goods are considered conforming to the contract:
1° If they are suitable for the purpose usually associated with such goods and, if applicable:
- if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by them."
Article L217-12 of the Consumer Code
"The action resulting from lack of conformity is time-barred two years from the delivery of the goods."
Article 1641 of the Civil Code
"The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 paragraph fer of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code.
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least one year must be covered by the warranty.
period of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of Products found to be non-compliant or defective will be made as soon as possible and at the latest within the days following the Vendor's finding of the non-compliance or hidden defect. This reimbursement may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
Article 9 - PERSONAL DATA
The Customer is informed that the collection of his/her personal data is necessary for the sale of Products by the
Products by the Vendor as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data collected on the www.addoc.com website is as follows
Account opening
When creating a customer/user account
Name, first name, postal address, telephone number and e-mail address.
Payment
In the context of payment for Products offered on the www.addoc.com site, the latter records financial data relating to the Customer/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are)
Transport service providers
Payment service providers
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, personal data will not be used for advertising or marketing purposes.
advertising or marketing purposes.
9.5 Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription
applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
unauthorized access. It should be noted, however, that the Internet is not a completely secure environment, and the
cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of customer and user rights
In application of the regulations applicable to personal data, Customers and users of the
darkhatminiatures.myshopify.com have the following rights
They may update or delete their personal data as follows
By logging in to their account or by e-mail.
They may delete their account by writing to the e-mail address indicated in article 9.3.
"Data controller
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3.
"Data controller
They may also request the portability of data held by the Vendor to another service provider.
- Finally, they may object to the processing of their data by the Vendor.
These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must reply within a maximum of one month.
If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy,75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
Article 10 - INTELLECTUAL PROPERTY
The content of the darkhatminiatures.myshopify.com website is the exclusive property of the Seller and is protected by French and international intellectual property laws. The Products offered by the Seller have been entirely hand sculpted by him and constitute works protected by copyright.
Any total or partial reproduction of the content of the site or of the works created and offered by the Vendor (and sculptor) is strictly forbidden and may constitute an infringement of copyright. The mere possession of counterfeit goods, as well as their sale, constitutes an offence. Sellers and holders of counterfeit goods may be punished in this respect. The use of Products purchased by the Buyer is strictly reserved for personal (and not collective) use. In particular, the Products may not be made available to others, nor may they be used for reproduction purposes, even partial, whether for commercial distribution or free distribution. It is also strictly forbidden, and constitutes an infringement, to digitize any Product for reproduction purposes without the express formal authorization of the Author/Sculptor/Seller.
Article 11 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law. These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute (https://darkhatminiatures.myshopify.com/policies/terms-of-sale). In the event of a dispute, the Amiens (France) court of law shall have sole jurisdiction, subject to the provisions relating to mixed contracts.