General terms and conditions of sale for the website prideordie.com

applicable from 26/10/2020

ARTICLE 1. PARTIES

These general terms and conditions apply between PRiDEorDiE, SARL, share capital : 2000 €, registered at RCS of Nanterre in France THE 20/04/2015, under the number 538 393 596, registered office: 46 rue Jules Boucly, France, phone : +33650736176, email: contact@prideordie.comIntra-Community VAT number: FR44538393596, hereinafter " the Publisher and any person, whether natural or legal, governed by private or public law, registered on the Site to purchase a Product, hereinafter referred to as " the Client "

ARTICLE 2. DEFINITIONS

" Customer " : any person, natural or legal, private or public law, registered on the Site.

" Site Content » : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. 

" The Publisher »: PRiDEorDiE, SARL taken in his capacity as publisher of the Site.

" Internet user " : any person, natural or legal, private or public law, connecting to the Site.

" Product » : goods of any kind sold on the Site by the Publisher to Customers.

" Site »: website accessible at the URL prideordie.com, as well as related sub-sites, mirror sites, portals and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance of these terms and conditions by all Internet users. Simply connecting to the Site, by any means whatsoever, including via a bot or browser, constitutes full and complete acceptance of these terms and conditions. During registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user acknowledges having fully read and accepted them without restriction.

Checking the aforementioned box will be considered equivalent to a handwritten signature by the user. The user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, including those of the Internet user. 

Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site's purpose is the sale of Products to Customers.

ARTICLE 5. ORDERING STEPS

5.1. Order

To place an order, users can select one or more products and add them to their cart. Product availability is indicated on the website, in the description of each item.Once their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose.

5.2. Order validation by the Internet user

By viewing their shopping cart, users will be able to verify the number and type of products they have selected, as well as their unit price and total price. They will also have the option to remove one or more products from their cart. 

If they are satisfied with their order, users can validate it. They will then access a form where they can either enter their login details if they already have an account, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Customer

Once logged in or after successfully completing the registration form, Customers will be asked to check or modify their delivery and billing details, and then will be asked to make their payment by being redirected to the secure payment interface bearing the mention " order with obligation to pay or any similar formula. 

5.4. Order Confirmation by the Publisher

Once the Publisher has received payment, it will acknowledge receipt to the Client electronically within 24 hours. Within the same timeframe, the Publisher will also send the Client an email summarizing the order and confirming its processing, including all relevant information.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day the order is placed. These prices may be changed at any time by the Publisher. The prices displayed are valid only on the day the order is placed and do not apply to future orders.

The prices shown on the Site are in euros, inclusive of all taxes, excluding delivery charges.

6.2. Payment method

The Customer can make their payment by PayPal, StripeCredit card payments are made through secure transactions provided by HSBC.

For payments made by bank card, the Publisher has no access to any data relating to the Client's payment methods. Payment is made directly to the bank.

In the case of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.

6.3. Billing

The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.

6.4. Default of payment

The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.

Any sum not paid by the due date will automatically and without prior notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal sums due.

In addition, any delay in payment will result in the defaulting Client being charged recovery costs of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Client's expense.This clause falls within the framework of the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the compensation if the judge considers it to be excessive.

6.5. Retention of Title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. PUBLISHER'S LIABILITY

7.1. Nature of the Publisher's Obligations

The Publisher undertakes to exercise due care and diligence in providing Products of quality that conform to the specifications of these General Terms and Conditions. The Publisher is only bound by an obligation of means with regard to the services covered herein.

7.2. Force Majeure - Customer Fault

The Publisher shall not be liable in the event of force majeure or fault on the part of the Client, as defined in this article:

7.2.1. Force majeure

For the purposes of these terms and conditions, any impediment, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet service provider, transmission network failure, facility collapse, unlawful or fraudulent use of passwords, codes, or references provided to the Customer, computer hacking, a security breach attributable to the Site's host or developers, flood, power outage, war, embargo, law, injunction, request, or requirement of any government, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control shall be considered a case of force majeure enforceable against the Client. In such circumstances, the Publisher shall be relieved of the performance of its obligations to the extent of such impediment, limitation, or disruption.

7.2.2. Customer Fault

For the purposes of these Terms and Conditions, any misuse of the Service, fault, negligence, omission, or failure on the part of the Client or its agents, failure to comply with advice given by the Publisher on its Website, any disclosure or unlawful use of the Client's password, codes, and references, as well as the provision of incorrect information or the failure to update such information in the Client's personal account, shall be considered a breach by the Client. The implementation of any technical process, such as robots or automated queries, the implementation of which would contravene the letter or spirit of these Terms and Conditions shall also be considered a breach by the Client.

7.3. Technical problems - Hyperlinks

In the event of inaccessibility to the Site due to technical problems of any kind, the Client shall not be entitled to claim damages or any compensation. The unavailability, even prolonged and without any time limit, of one or more online services shall not constitute grounds for a claim of damages by Clients and shall not give rise to any award of damages by the Publisher. 

The hyperlinks on this Site may lead to other websites. The Publisher cannot be held liable if the content of these sites violates applicable laws. Similarly, the Publisher cannot be held liable if a user suffers harm as a result of visiting one of these sites. 

Given the current state of technology, the rendering of product images on this Site, particularly in terms of color and shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics hardware and monitor, or the display resolution. These variations and differences shall under no circumstances be attributed to the Publisher, who shall not be held liable in any way for them.

7.4. Damages payable by the Publisher

Unless otherwise provided by law or regulation, the Publisher's liability is limited to direct, personal, and certain damages suffered by the Client and related to the breach in question. The Publisher shall under no circumstances be liable for indirect damages such as, but not limited to, data loss, commercial losses, lost orders, damage to brand image, business disruption, and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher shall in no event exceed the price of the Product ordered.

7.5. Hyperlinks and Site Content

The Site Content is published for informational purposes only, without any guarantee of accuracy. The Publisher cannot under any circumstances be held liable for any omission, inaccuracy, or error contained in this information that may cause direct or indirect damage to the User.

ARTICLE 8. FINAL STIPULATIONS

8.1. Applicable Law

These terms and conditions are governed by French law. 

8.2. Amendments to these terms and conditions

These terms and conditions may be modified at any time by the Publisher. The terms and conditions applicable to the Customer are those in effect on the date of their order or their connection to this Site; any new connection to the personal account implies acceptance, where applicable, of the new terms and conditions. 

8.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Client that may arise in connection with the performance of these general terms and conditions and for which an amicable solution has not been reached between the parties beforehand must be submitted to Medicys : www.medicys.fr.

Furthermore, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: : https://ec.europa.eu/consumers/odr/main/?event=main.home2.show 

Any dispute relating to or arising out of this contract shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation. : www.fast-arbitre.com.

8.4. Entirety

The invalidity of any clause of this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this contract.

8.5. Non-waiver

The Publisher's failure to exercise any of the rights granted to it hereunder shall in no case be construed as a waiver of such rights.

8.6. Telephone solicitation

The Customer is informed that they have the option to register on the telephone marketing opt-out list at the address http://www.bloctel.gouv.fr/. 

8.7.Languages ​​of these general terms and conditions

These terms and conditions are offered in French.

8.8. Unfair terms

The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.