GENERAL TERMS AND CONDITIONS OF SALE
Applicable as of 01/10/2022
ARTICLE 1: SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as 'GTC') apply, without restriction or reservation, to all sales concluded by the company ACID FACTORY ('the Seller') with consumers and non-professional buyers ('the Customers or the Customer') wishing to purchase the products offered for sale by the Seller ('the Products') on the website www.acidfactory-design.com.
They specify, in particular, the conditions for ordering, payment, delivery, and the management of any returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions stated on the website prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions.
Elles sont accessibles à tout moment sur le site Internet www.acidfactory-design.com et prévaudront, le cas échéant, sur toute autre version ou tout autre document contradictoire.
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Customer's purchase is the one in effect on the website at the time the order is placed..
The Customer declares that they have read these General Terms and Conditions of Sale and accepted them by checking the box provided for this purpose before implementing the online ordering process, as well as the general terms of use of the website www.acidfactory-design.com.
Consequently, the user acknowledges that by accessing or using the website, application, or services, or by downloading or posting any content to or from the website, through the application or services, they confirm that they have read, understood, and agreed to be bound by these terms, whether or not they are registered with the website and application. If they do not accept these terms, they do not have the right to access or use the website, application, services, or collective content.
Unless proven otherwise, the data recorded in the computer system of the Service Provider constitutes proof of all transactions concluded with the Customer.
ARTICLE 2: PRODUCTS OFFERED FOR SALE
These general terms and conditions of sale (hereinafter referred to as 'GTC') aim to define the conditions and modalities under which the company ACID FACTORY offers online sales and delivery of any decorative objects and furniture offered on the website www.acidfactory-design.com
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.acidfactory-design.com
The Customer is required to read them before placing any order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website www.acidfactory-design.com are not contractual and shall not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to learn about its properties, essential characteristics, delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and is subject to confirmation at the latest upon validation of the order by the Customer.
The products presented on the website www.acidfactory-design.com are offered for sale in France.
In the case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped to the French overseas departments and territories (DOM-TOM), the price will be automatically calculated excluding taxes on the invoice.
ARTICLE 3: DURATION OF THE PRODUCT OFFER
Product offers are valid within the limits of available stock, as specified when placing the order.
In the event of exceptional unavailability of the products on the date of the order, we will contact you by email to inform you of the new timeframe within which you will receive your order. Having been informed of this, you can choose to cancel your order or not.
ARTICLE 4: SELLER'S CONTACT DETAILS
The contact details of the Seller are as follows:
ACID FACTORY
RCS n°904 046 760 R.C.S Cannes
914 route de Pégomas
Le Parc de Gaïa Bât D
06370 MOUANS-SARTOUX
Email : contact@acidfactory-design.com
According to the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Client has the right to access, rectify, object to, erase, and port all of their personal data by writing, by mail and providing proof of identity, to the address of the Seller mentioned above.
The validation of the order by the Client constitutes acceptance without reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the necessary capacity to enter into contracts and acquire the Products offered on the website www.acidfactory-design.com.
ARTICLE 5: ORDERS ON THE ACID FACTORY WEBSITE
5-1. Placing an order
It is the Client's responsibility to select on the website www.acidfactory-design.com the Products they wish to order, according to the following terms:
A product can be ordered after creating a personal account.
The client will then fill their Cart in which they will select the desired quantities and can modify their selection until the purchase.
After filling in their billing information, the client will pay by PayPal or credit card only, and a confirmation email containing their invoice will be sent to them.
Contractual information is presented in French (or English) and is subject to confirmation no later than the moment the Client validates the order.
The Client has the possibility to verify the details of their order, the total price, and correct any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and immediately report or rectify any errors.
Recording an order on the website www.acidfactory-design.com is done when the Client accepts these General Terms and Conditions of Sale by checking the designated box and validates their order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms of use of the website: www.acidfactory-design.com
The sale is only final after the Seller sends the Client confirmation of the order's acceptance by email, which must be sent promptly and after the Seller has received full payment.
Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the modalities described above, on the website www.acidfactory-design.com constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
The Client will be able to track the progress of their order on the website www.acidfactory-design.com
It is also specified that for furniture and movable objects, an additional time will be required for manufacturing. The manufacturing time will be expressly mentioned on the website.
5-2. Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in cases of exercising the right of withdrawal or in the event of force majeure.
ARTICLE 6: ELECTRONIC SIGNATURE
The online provision of the Client's credit card number and the final validation of the order subscription will constitute proof of the Client's agreement and, consequently:
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The amounts due under the purchase order become payable
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The Client's signature and express acceptance of all transactions carried out.
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In the event of fraudulent use of the credit card, the Client agrees to contact ACID FACTORY Customer Service as soon as this use is discovered, using the following contact information:
order@acidfactory-design.com
ARTICLE 7: ORDER CONFIRMATION
ACID FACTORY provides the Client with a confirmation of the order by email on a durable medium, confirming the express commitment of the parties.
ARTICLE 8: PRICES
The Products are provided at the prices in effect as indicated on the website www.acidfactory-design.com at the time of recording the order by the Seller. The prices are expressed in Euros, excluding and including taxes (HT and TTC).
The prices take into account any discounts that may be granted by the Seller on the website www.acidfactory-design.com
These prices are firm and not subject to revision during their period of validity, as indicated on the website www.acidfactory-design.com The Seller reserves the right, outside this validity period, to modify the prices at any time. They do not include processing, shipping, transportation, and delivery fees, which are billed separately, under the conditions indicated on the website www.acidfactory-design.com and calculated prior to placing the order.
If the Client requests a faster or more expensive shipping method than the standard shipping, the additional delivery costs, as they appear at the time of order validation by the Client, are fully borne by the Client.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is established by the Seller and delivered to the Client by email upon receipt of payment and upon delivery of the ordered products.
ARTICLE 9: PAYMENT TERMS
The price is payable in full at the time of placing the order by the Client through secure payment, according to the following modalities:
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By credit cards: Carte Bancaire, Visa, MasterCard, American Express, other credit cards
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By electronic wallet (PayPal)
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Applepay
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Googlepay
ACID FACTORY guarantees to the Client that it has the necessary authorizations to use the chosen payment method during order validation or subscription.
Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In this case, the Client may request the cancellation of the payment and the corresponding refund.
Payment data is exchanged in encrypted mode using the PCI-DSS protocol PCI-DSS
The Seller reserves the right, in the event of non-compliance with the payment conditions stated above, to suspend or cancel the delivery of ongoing orders placed by the Client
ACID FACTORY reserves the right, in particular, to suspend any order management or Product shipment in the event of refusal of payment authorization by the officially accredited organizations or in the event of non-payment
ACID FACTORY has implemented an order verification procedure to ensure that no person uses someone else's bank details without their knowledge
As part of this verification, the Client may be asked to send a copy of an identity document and proof of address to ACID FACTORY by email. The order will only be validated after receipt and verification by ACID FACTORY of the submitted documents
Please note that before placing an order, the Client should allow a minimum of 48 hours (business days), or more if a product is exceptionally out of stock, for the Seller to prepare the package before it is shipped
ARTICLE 10: PRODUCT DELIVERY
The products ordered by the Customer will be delivered in France within a maximum period of 30 days from the dispatch of the order, plus the processing and delivery time:
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To the address provided by the Customer during the order on the website
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To a pickup point chosen by the customer during the order on the website
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Please note that bulky furniture and decorative objects may require a longer processing time, which will be specified on the website at the time of the order
The products ordered by the Customer will be delivered outside of France, in European Union countries, within 30 days from the dispatch of the order, plus the processing and delivery time, to the address provided by the Customer during the order on the website
Unless there are specific circumstances or unavailability of one or more products, the ordered products will be delivered in one shipment. Deliveries in France and outside of France are carried out by the chosen carrier during the order
For bulky furniture or decorative objects, ACID FACTORY will engage a specialized carrier, which will be communicated to you during the order
The Customer acknowledges that the delivery is the responsibility of the carrier, and has no recourse against the Seller in case of delivery failure of the transported goods.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the specified timeframes. However, these timeframes are provided for informational purposes only, and any possible delay cannot give rise to any damages, penalties, or cancellation of the order by the Buyer.
However, if the ordered products have not been delivered within 60 days after the indicative delivery date, for reasons other than force majeure or the Customer's fault, the sale may be resolved at the written request of the Customer under the conditions provided 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 (14) days following the contract termination, excluding any compensation or deduction, and the Products, if received by the Customer after this deadline and upon request for resolution of the sale, must be returned to the Seller. Delivery is deemed to have been made once the Seller has handed over the ordered products to the carrier.
Deliveries are carried out by an independent carrier to the address provided by the Customer during the order, and easily accessible by the carrier.
The Customer is responsible for checking the condition of the delivered products. The Customer has a period of fourteen (14) days from the delivery to make any reservations or claims by email to contact@acidfactory-design.com ,tregarding non-conformity or apparent defects of the delivered products, with all relevant supporting documents (including photos). After this period and failing to comply with these formalities, the products will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the Seller.
The Seller will replace, at its expense and as soon as possible, the delivered products that have been duly proven by the Customer to have apparent defects or non-conformities, in accordance with the provisions of articles L 217-4 and following of the Consumer Code and those provided in these General Sales Conditions. These defects and non-conformities are those resulting from laboratory manufacturing. Damaged products are addressed separately.
ARTICLE 10: TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership and the risks of loss and damage will only occur when the Customer physically takes possession of the Products. Therefore, the Products travel at the Seller's risk.
ARTICLE 11: RIGHT OF WITHDRAWAL
The Customer has, in accordance with the applicable legal provisions, a withdrawal period of 14 days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide any justification or pay any penalties, for the purpose of exchange or refund.
The Customer also has fourteen days from the notification to the Seller of the Customer's decision to withdraw, to return the Products to the Seller for exchange or refund, provided that the products are returned in their original packaging, complete (packaging, accessories, instructions, etc.), allowing them to be resold in new condition and in perfect condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete items will not be accepted for return.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs will be refunded; the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within a maximum period of 14 days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
The return address is as follows
SOCIETE ACID FACTORY
914 Route de Pegomas
Residence le Parc de Gaïa Bât D
06370 Mouans-sartoux - FRANCE
ARTICLE 12: SELLER'S LIABILITY - WARRANTY
The products sold on the website www.acidfactory-design.com comply with the current regulations in force in France and have performances compatible with non-professional uses.
The Products provided by the Seller benefit, as a matter of right and without any additional payment, independent of the right of withdrawal, in accordance with the legal provisions:
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The legal guarantee of conformity, for Products that are apparently defective, damaged, or not corresponding to the order
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The legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use
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under the conditions and according to the procedures outlined in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Guarantee / Hidden Defects Guarantee).
Any warranty is excluded in the event of misuse, negligence, lack of maintenance on the part of the Customer, as well as in the case of normal wear and tear of the goods, an accident, or force majeure, and the Seller's warranty is limited to the replacement or refund of non-compliant products or products affected by a defect.
In order to assert their rights, the Customer must, under penalty of forfeiture of any related action, inform the Seller in writing of the non-compliance of the Products within fourteen (14) days from the delivery of the Products or the existence of hidden defects within the time limits indicated above and return the defective Products in the condition in which they were received, with all elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace, or have repaired the products or parts under warranty that are deemed non-compliant or defective.
The shipping costs will be reimbursed based on the invoiced rate, and the return costs will be reimbursed upon presentation of supporting documents.
Refunds for products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer's bank account
The Seller's liability shall not be incurred in the following cases:
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Non-compliance with the legislation of the country in which the products are delivered, which is the responsibility of the Customer to verify
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In case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the case of normal wear and tear of the Product, an accident, or force majeure,
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the Seller cannot be held responsible, and no compensation can be requested from the Seller for defects or delivery delays of the sold Products.
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The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products
The products sold on the website comply with the current regulations in force in France
The photographs and illustrations accompanying the products on the website have no contractual value and therefore cannot engage the responsibility of the Seller
The product images and descriptions are published to provide the consumer with the most accurate representation possible of the product they can order but cannot be considered a guarantee. The Customer is solely responsible for the choice of products, their storage, and their use.
The Seller shall not be deemed responsible or in default for any delay or failure to perform resulting from the occurrence of a force majeure event as generally recognized by French jurisprudence.
ARTICLE 13: DURATION - TERMINATION - UNSUBSCRIPTION
13.1. Duration
Any Contract comes into effect from the Customer's order until the reception of the ordered Product by the customer.
13.2. Termination at the initiative of ACID FACTORY
ACID FACTORY reserves the right to suspend or terminate any order made by a Customer based on the severity of the actions involved, particularly in the following cases:
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Failure by the Customer to fulfill the obligations undertaken under these General Terms and Conditions (GTC)
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Providing false information in the registration form
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Partial or non-payment
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In such cases, the customer will be refunded the initially paid amount.
ARTICLE 14: PERSONAL DATA PROTECTION
In accordance with the law 78-17 of January 6, 1978, as amended by law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other purposes.
14.1. Collection of personal data
The following personal data is collected on the website www.acidfactory-design.com are the following:
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Account creation
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During the creation of the Customer's account, their name, first name, email address, and date of birth
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Login
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When the Customer logs into the website, their name, first name, login data, usage data, and location may be recorded
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Profile
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The use of services provided on the website allows for the provision of a profile, which may include an address and a phone number
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Communication
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Cookies
Cookies are used when using the website. The Customer has the option to disable cookies through their browser settings
14.2. Utilisation des données personnelles
The personal data collected from Customers is intended for the provision of website services, improving these services, and maintaining a secure environment. Specifically, the data is used for the following purposes:
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Accessing and using the platform by the Customer
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Managing the operation and optimizing the website
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Managing our business relationship
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Organizing the conditions of payment services usage
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Verifying, identifying, and authenticating the data transmitted by the Customer
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Maintaining and updating our customer files
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Personalizing complementary or promotional offers or displaying advertisements based on the Customer's browsing history and preferences
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Prospecting and developing the Seller's activities
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Conducting analysis and statistics, and developing tools for monitoring, measurement, and reporting in order to adapt the Seller's business and marketing activities
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Preventing and detecting fraud, malware, and managing security incidents
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Handling any disputes with customers
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Sending commercial and advertising information based on the Customer's preferences
14.3. Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
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When the Customer uses payment services, the website is in contact with third-party banking and financial companies with which the Seller has contracts to implement these services
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When the Customer publishes information accessible to the public in the website's free comment areas
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When the Customer authorizes a third-party website to access their data
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When the website uses service providers to provide customer support, advertising, product delivery, and payment services. These providers have limited access to the Customer's data as part of performing these services and have a contractual obligation to use it in accordance with the applicable data protection regulations.
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If required by law, the Seller may transmit data to respond to claims made against them and comply with administrative and judicial procedures
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If the Seller is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, they may transfer or share all or part of their assets, including personal data. In this case, customers would be informed before their personal data is transferred to a third party
14.4. Transfer of personal data
The Seller commits to transferring personal data outside the European Union territory only with the prior authorization of the Customer and in a secure framework in accordance with the requirements of applicable legislation. This may involve transferring data to countries deemed to have an "adequate" level of protection by European data protection authorities (CNIL), or to entities that have signed contractual clauses as outlined by European authorities.
14.5. Security and confidentiality
The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmitted or stored on the internet.
14.6. Implementation of User Rights
In accordance with the applicable regulations on personal data, customers have the following rights:
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They can update or delete their data by logging into their account and configuring the account settings.
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They can delete their account by sending an email to the following address: contact@acidfactory-design.com. It should be noted that information shared with other customers may remain visible to the public on the website, even after their account has been deleted.
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They can exercise their right of access to know the personal data concerning them by writing to the following email address:contact@acidfactory-design.com. In this case, before implementing this right, the Seller may request proof of the customer's identity to verify its accuracy.
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If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the following email address: contact@acidfactory-design.com
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Customers can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the following email address:contact@acidfactory-design.com
14.7. Changes to this clause
The Seller reserves the right to make any modifications to this clause on the protection of personal data at any time. If any changes are made to this clause, the Seller undertakes to publish the new version on their website. The Seller will also inform customers of the modification via email at least 15 days before the effective date. If the customer does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.
ARTICLE 15: INTELLECTUAL PROPERTY
The content of the website is the property of the Seller and its partners and is protected by French and international laws regarding intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
Furthermore, the Seller retains ownership of all intellectual property rights related to photographs, presentations, studies, drawings, models, prototypes, etc., created (even at the request of the Client) for the provision of services to the Client. The Client is therefore prohibited from reproducing or exploiting these studies, drawings, models, prototypes, etc., without the express, written, and prior authorization of the Seller, which may be subject to financial compensation.
ARTICLE 16: UNFORESEEABILITY
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all sales transactions of the Seller's Products to the Client. Therefore, the Seller and the Client each waive the provisions of Article 1195 of the French Civil Code and the regime of unforeseeability provided therein, committing to fulfill their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves excessively burdensome, and to bear all the economic and financial consequences thereof.
ARTICLE 17: SPECIFIC PERFORMANCE
In the event of a failure by either Party to fulfill its obligations, the aggrieved Party has the right to demand specific performance of the obligations arising from these terms. The creditor of the obligation may pursue such specific performance after a simple formal notice, sent by email to the debtor of the obligation, which remains ineffective, unless it is impossible or there is a manifest disproportion between its cost for the debtor and its interest for the creditor.
ARTICLE 18: NON-PERFORMANCE EXCEPTION
The Parties expressly waive the provisions regarding the non-performance exception regime and commit to fully and completely fulfill these terms even in the event of a failure on the part of either Party.
ARTICLE 19 - FORCE MAJEURE
The Seller shall not be held liable, and no compensation may be demanded from them, for delivery delays or harmful consequences due to force majeure events as defined by the case law of the courts.
The Seller shall not be held liable for interruptions, delays, or unavailability of the website due to maintenance work, Internet network interruptions, technical failures, force majeure events, actions of third parties, or any other circumstances.
The Seller strives to ensure, to the best of their abilities, the accuracy and updating of the information provided on the website, and reserves the right to correct the content at any time and without notice.
The website contains information from third parties. Therefore, the Seller does not provide any guarantee regarding the accuracy, precision, or completeness of the information made available on the website. The Seller's liability cannot be incurred in any way for any occasional errors that may occur on the website.
ARTICLE 20: NULLITY
If any part of the Sales Terms becomes unenforceable (including any provision relating to liability exemption), the enforceability of the remaining Sales Terms would not be affected, and the other clauses would remain in effect. To the extent possible, if a clause/subclause or a part of a clause/subclause can be separated from the rest of the clause to make the remaining part valid, the clause should be interpreted accordingly. Otherwise, you agree that the relevant clause should be rectified and interpreted in a manner that closely reflects the original intent of the clause, in accordance with the law.
ARTICLE 21: APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are written in the French language. In the event of translation into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 22: MEDIATION
The Customer may resort to conventional mediation, including with the Consumer Mediation Commission or existing sector-specific mediation bodies, or any alternative dispute resolution method in the event of a dispute. To this end, in the event of a dispute, and after a written complaint to ACID FACTORY remains unsuccessful, the Customer may freely contact the Mediator of FEVAD at the following postal address: 60, rue de la Boétie - Paris (75008), or the following email address: mediateurduecommerce@fevad.com
ARTICLE 23: SETTLEMENT OF DISPUTES
In the event of a dispute regarding the formation, interpretation, or performance of this contract, the parties shall attempt in good faith to reach an amicable solution. For this purpose, the most diligent party shall notify the other party, by registered letter with acknowledgment of receipt, of the subject of the dispute. The parties shall then engage in negotiations to amicably resolve their dispute, if necessary with the assistance of a mutually agreed-upon third party. Such an amicable solution, if reached, shall take the form of a contract or an amendment to this contract.
If no solution is found within fifteen (15) days from the receipt of the aforementioned registered letter with acknowledgment of receipt, the dispute shall be brought by the most diligent party before the competent courts under normal legal conditions.
ARTICLE 24: DOMICILE ELECTION
For the execution of this contract, the parties elect domicile at their respective addresses/registered offices..
ARTICLE 25: PRECONTRACTUAL INFORMATION - CUSTOMER'S ACCEPTANCE
The act of placing an order on the website www.acidfactory-design.com by an individual (or legal entity) implies full and unconditional acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, any contradictory document that would be unenforceable against the Seller.
General terms and conditions of sale in effect as of 01/10/2022.
ANNEX I - PROVISIONS RELATING TO 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 the packaging, assembly instructions, or installation when it was their responsibility under the contract or was carried out under their responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must:
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Be fit for the usual purpose of such goods and, if applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer as a sample or model.
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Présenter les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage
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Or have the characteristics mutually agreed upon by the parties or be fit for any special purpose sought by the buyer, made known to the seller, and accepted by them.
Article L217-12 of the Consumer Code
Any action arising from lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial warranty granted upon the acquisition or repair of a movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the repaired item, if this availability is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by a warranty on account of hidden defects of the sold item that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have given a lesser price for it if they had known of the defects.
Article 1648, paragraph 1, of the Civil Code
Any action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II - WITHDRAWAL FORM
This form must be completed and sent back only if the Customer wishes to withdraw from the order placed on www.acidfactory-design.com unless there are exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of ACID FACTORY – 914 route de Pégomas Le Parc de Gaïa D 06370 MOUANS-SARTOUX FRANCE
- Order date: …………………………………………………………………………..
- Order number: ……………………………………………………………………………
- Customer's name: ………………………………………………………………………………………….
- Customer's address: ……………………………………………………………..
Customer's signature (only if notified)