Terms of Sales
GENERAL CONDITIONS OF KIDYHOME
The purpose of these general conditions of sale (hereinafter CGV) is to define the rights and obligations of the company GAMAGES whose head office is located at 30 rue de Merbouton in MARCILLY LA CAMPAGNE (27320), registered in the commercial register and EVREUX companies under the number SIREN 889 191 813 , operating under the name KIDYHOME (hereinafter " GAMAGES ") represented by its President on the one hand, and the Customers (hereinafter the "Customers") of 'somewhere else.
I. General provisions
1. Acceptance of the general conditions
The Customer declares to have read the general conditions of services and to have accepted them fully and without reservation before browsing the website or placing an order on the website of the company GAMAGES . The Customer must have full legal capacity, namely be of legal age in the country from which he connects and not be placed under a protection regime (safeguard of justice, curatorship or guardianship). Any purchase under a false identity may be canceled at the discretion of GAMAGES.
If the Customer does not accept all or part of these GCS then he undertakes to leave the website without delay and not to make any purchase directly or indirectly.
These GCS establish the contractual conditions exclusively applicable to the provision of services, the list of which follows:
Sale of decorations for children's rooms,
Sale Of Children's Accessories,
Sale of children's toys
Sale of items related to children.
As the representation of the products cannot be perfect online, in particular because of the color rendering by navigation software and / or navigation monitors, the Customer must refer to the description of the products to find out their precise characteristics or to ask for more. further information if necessary to GAMAGES.
The products sold by the GAMAGES company are not intended for resale. The company GAMAGES reserves the right to take legal action against any customer who buys products from the company GAMAGES to resell them.
3. Contractual provisions
The invalidity of one or more clauses of these GCS does not entail the invalidity of the general conditions. In the event of the nullity of one of the clauses, the Parties undertake to replace it with a clause having the closest economic effect.
4. Modification of the general conditions
GAMAGES reserves the right to modify its general conditions – and the prices of the products – at any time, subject to individually informing the Customers.
The applicable GCS are those in force on the date of the order placed by the Customer. The T&Cs in their latest state can be consulted at any time on the website. It is the Customer's responsibility to read the T&Cs each time they browse and/or order on the GAMAGES website.
Products may be available in limited quantities.
The presentation of the products is in particular a function of technical contingencies. The photographs presented on the website therefore have no contractual value.
Final character of the order
The Customer selects the products online. When he visits the website, the Customer may select the desired product(s) in order to place it(s) in his basket. The products will automatically be added to the basket with the quantity "1" selected by default and which can be modified. The Customer may modify the quantity of product or even cancel the selection of one or more products. In order to confirm the order, the Customer must click on the "BUY" button and follow the double-click procedure in accordance with the provisions of Directive 2000/31/EC. Any online order requires the creation of a Customer account. The Customer account will be created upon receipt by the Customer of a confirmation e-mail to the address provided.
Any order signed by the Customer relating to one or more services constitutes a firm and definitive commitment and acceptance of the GCS for the provision of services.
3. Modification of the order
The orders being final and irrevocable, any request for modification of the service ordered by the Customer must be subject to the acceptance of GAMAGES and may be the subject of a new estimate .
However, any order placed remotely - and in particular online - by a Customer qualified as a consumer within the meaning of the introductory article of the Consumer Code (i.e. " any natural person who acts for purposes that do not 'do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity' ) will be subject to a period of 14 (fourteen) days of withdrawal from the date of delivery in accordance with the provisions of Article L. 121 -21 and following of the Consumer Code. If the deadline expires on a Saturday, a Sunday, a public holiday or a non-working day, this deadline is extended until the first following working day. To exercise his right of withdrawal, the Customer acting as a consumer must:
Print or copy the withdrawal form
Complete the withdrawal form,
Frank and return the form to the head office address or by email to GAMAGES at 30 rue de Merbouton in MARCILLY LA CAMPAGNE (27320), or return it by email to firstname.lastname@example.org
Upon receipt of the request , GAMAGES will contact the Customer in order to organize the return of the products (the direct costs remaining the responsibility of the Customer, in particular the cost of returns).
The refund will be made as soon as possible after receipt of the product(s) and at the latest 14 (fourteen) days following their receipt. Reimbursement can only take place if the product(s) are returned in perfect condition.
Products used, incomplete, damaged, damaged or inseparably mixed with other products cannot be reimbursed.
4. Termination or resolution of the order
The order may be canceled in the event of refusal to perform the service ordered or non-payment of the price (or the balance of the price) after the performance of the service.
The provision of services consisting in the delivery of products referred to in article 1.2 are invoiced at the fixed price including all taxes mentioned on the website.
Discount codes cannot be combined (an order can only benefit from one code). The application of discount codes may be subject to conditions as well as the availability of items in stock.
All payments are made on the secure platform available from the GAMAGES website via PAYPAL or by using the bank gateway set up by Stripe (EV-type SSL certificate) . The order will only be taken into account if the payment is made on the website.
V. Execution of the contract
GAMAGES undertakes to perform its service diligently and to ensure the best delivery times.
VI. Breach of contract
GAMAGES cannot be held liable in the event of non-performance or poor performance of its obligations which may be due either to the Client's fault, or to the unforeseeable fact of a third party to the contract, or to a case of force majeure meaning of article 1218 of the Civil Code (in any event, the existence of an element of force majeure will have the effect of termination and not resolution of the contract).
VII. Intellectual property
GAMAGES does not transfer its intellectual property rights to the Customer. The Customer undertakes to respect the intellectual property rights (and in particular copyright) of GAMAGES including its moral rights.
The Customer is only offered the possibility of reproducing for internal use the original creations of the Service Provider unless otherwise specified in the quote or in a contract for the transfer of rights.
VIII. Personal data
GAMAGES implements the processing of personal data.
The processing of personal data implemented has the legal basis:
o the legitimate interest pursued by GAMAGES when it pursues the following purposes:
- prospecting and animation;
- management of the relationship with its Customers and prospects;
- organization, registration and invitation to GAMAGES events .
o the execution of pre-contractual measures or of the contract when it implements processing for the purpose of:
- the production, management and follow-up of its Clients' files;
o compliance with legal and regulatory obligations when implementing processing for the purpose of:
GAMAGES only keeps the data for the duration necessary for the operations for which they were collected as well as in compliance with the regulations in force.
In this regard, Customer data is kept for the duration of the contractual relationship increased by 3 (three) years for the purposes of animation and prospecting, without prejudice to storage obligations or limitation periods. In terms of accounting, they are kept for 10 (ten) years from the end of the accounting year.
Prospect data is kept for a period of 3 (three) years if no participation or registration for GAMAGES events has taken place.
The data processed is intended for persons authorized by GAMAGES as well as its service providers.
Under the conditions defined by the Data Protection Act in its latest state and the European Data Protection Regulation, individuals have a right of access to data concerning them, rectification, interrogation, limitation, portability, deletion. The persons concerned by the processing implemented also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data having as a legal basis the legitimate interest of GAMAGES. , as well as a right of opposition to commercial prospecting.
The persons concerned have the right to lodge a complaint with the CNIL.
IX. Limitation of Liability
The company GAMAGES does not engage its responsibility for possible damages caused by the products which it sells in accordance with the provisions of the directive 85/374/CE.
The company GAMAGES in no way guarantees permanent access to its website or the quality of access to the website and this, in particular, for technical reasons beyond the control of the company GAMAGES as well as for updates and / or improvements to the website.
X. Online Comments
Customers are free to comment on the products sold by GAMAGES.
However, comments are subject to compliance with the provisions of the Freedom of the Press Act 1881 as well as the provisions of the Penal Code. As such, any comment that is particularly racist, xenophobic, anti-Semitic, negationist, calling for hatred, abusive, defamatory, obscene or that violates the intellectual property of GAMAGES or a third party will be removed by GAMAGES. who reserves the right to take legal action against the author of these remarks.
XI Applicable law and competent court
These general conditions are subject to French law.
The Courts of ROUEN are competent.
Made in Evreux,
November 15, 2020
Questions regarding the General Conditions of Sale and Use can be sent to us at email@example.com.