Definitions
These general conditions of sale (hereinafter the “GTC”) are proposed by Pim3D Insight company registered in the Trades register of Chartres under the siret 53892272500022, headquartered in the 15 rue de Moulin de Pierre, 28630 Sours, France (hereafter ” Gwardians”). You can contact us at info@gwardians.com.
Host: 1 & 1 Internet SARL
7, place de la Gare
BP 70109
57201 Sarreguemines Cedex
Publishing Director: Pim3D Insight
The following will be designated:
- “Site” : the site http://www.gwardians.com and all of its pages.
- « Products “ or ” Services “ means all products (materials) and services (benefits) that can be purchased or to which it is possible to subscribe on the site.
- “Seller”: Gwardians a legal or natural person, offering its Products or Services on the Site.
- “Customer » : the user, individual or professional, making a purchase of product (s) or service (s) on the site.
- “Consumer ‘, in accordance with the definition of the preliminary article of the consumer code: ‘ any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity ‘.
The user visiting the site and interested in the products and services offered by the seller is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before proceeding to an order on the site.
The customer acknowledges having read the GTC and accepts them fully and without reservation.
Article 1 – application of the GTC and purpose of the site
The seller reserves the right to modify the GTC at any time by publishing a new version of the latter on the site. The GTC applicable to the customer are those in force on the day of its order on the site.
The legal information concerning the host and the Publisher of the site, the collection and processing of personal data and the conditions of use of the site are provided in the general terms of use, the legal notices and the Charter of information on this site.
This site offers the online sale of optimized storage for Board games, game accessories made in 3D printing.
The site is free and free access to any customer. The acquisition of a product or a service assumes the acceptance by the customer of the entirety of these GTC, which recognizes the same fact having taken full knowledge of it. This acceptance may consist, for example, for the customer, to check the box corresponding to the sentence of acceptance of these GTC, for example with the words ” I acknowledge having read and accepted all the General conditions of the site “. Checking this box will be deemed to have the same value as a handwritten signature on the client’s part.
The acceptance of these GTC implies on the part of the customers that they enjoy the legal capacity necessary for this. If the client is a minor or has no legal capacity, he/she declares to have the authorization of a guardian, a curator or his legal representative.
The customer acknowledges the value of proof of the seller’s automatic registration systems and, except for him to provide proof to the contrary, he waives to challenge them in the event of litigation.
Article 2 – creating a customer account
The creation of a “customer account” is an indispensable prerequisite to any order of the customer on this site. To this end, the client will be asked to provide a certain amount of personal information such as his/her first and last name, email address, mailing address and telephone number, as this list is not exhaustive. As such, the customer undertakes to provide accurate information. The client is responsible for updating its data. He must therefore promptly notify the seller in the event of a change. The customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The client registered to the site has the possibility to access it by logging in with its identifiers (email address defined during its registration and password) or possibly using systems such as third party social network login buttons. The customer is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. In case of forgotten password, the customer has the possibility to generate a new one. This password is the guarantee of the confidentiality of the information contained in its “my account” section and the client therefore prohibits it from transmitting or communicating it to a third party. Failing that, the seller may not be held responsible for unauthorized access to a customer’s account.
The customer account allows the customer to view all his orders made on the site. If the data contained in the customer account section were to disappear as a result of a technical breakdown or a case of force majeure, the seller’s liability could not be incurred, such information having no probative value but only a informational character. The pages relating to the customer account are freely printable by the client who owns the account in question but do not constitute proof, they have only an informative character intended to ensure effective management of his orders or contributions by the customer.
Each customer is free to close his account on the site. For this, he must send an e-mail to the seller stating that he wishes to delete his account. No recovery of its data will be possible.
The seller reserves the exclusive right to delete the account of any customer who has contravened these GTC (in particular and without this example having any exhaustive character, when the customer knowingly provided erroneous information, when registration and the establishment of its personal space) or any inactive account for at least one year. Such deletion shall not be liable to constitute injury to the customer who shall not be entitled to any compensation for that reason. This exclusion is not exclusive of the possibility for the seller to initiate judicial proceedings against the client, when the facts have justified it.
Article 3 – order purchase and description of the purchasing process
The products and services offered are those listed in the catalogue published on the site. These products and services are offered within the limits of available stocks and when they are immaterial, such as PDF files, their right of access to them can be changed over time. If this is the case, the terms and conditions of sale may specify these deadlines. Each product is accompanied by a description prepared by the seller according to the descriptions provided by the supplier.
The photographs of the products of the catalogue reflect an image as faithfully as possible of the products and services offered but are not a contractual commitment insofar as they cannot ensure a perfect similarity with the Physical products, especially with regard to colors.
Below will be defined as “Cart” the intangible object grouping all the products or services selected by the customer of the site for purchase by having clicked on these items. In order to proceed with its order, the customer chooses the product (s) that he wishes to order by adding them to his “basket” whose contents can be modified at any time.
Once the customer considers that he has selected and added to his basket all the products he wishes to buy, he will have the possibility, to validate his order, to access his shopping cart by clicking on the button provided for this purpose. It will then be redirected to a summary page on which it will be communicated the number and characteristics of the products ordered, as well as their unit price.
If he wishes to validate his order, the customer must check the box concerning the ratification of these GTC and click on the validation button. The customer will receive an email to be able to give his/her opinion on the products purchased about ten days after ordering. The customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he must inform a certain number of personal data concerning him, necessary for the smooth running of the order.
All orders placed on the site must be duly completed and must specify the necessary information. The customer will be able to make changes, corrections, additions, or cancel the order, until the validation of it.
Once the customer has completed the form, he will be asked to make his payment with the means of payment listed in the section of these GTC relating to payments. After a few moments the customer will be sent an email confirming the order, reminding him of the contents of the order and the price of it.
The products sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
Article 4 – prices and terms of payment
Unless otherwise stated, the prices listed in the catalogue are prices heard in euro VAT included and excluding any participation in the processing and shipping costs.
Gwardians.com reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in effect on the price of the products or services offered on the site. However, the price listed in the catalogue on the day of the order will be the only one applicable to the customer.
The customer may place an order on this site and may make its payment by bank card or via PayPal. Payments are made by means of secure transactions provided by an online payment platform provider.
This site does not have access to any data relating to the customer’s means of payment. Payment is made directly in the hands of the Bank or payment provider receiving the payment from the customer. In the case of payment by cheque or bank transfer, the delivery times defined in the article “deliveries” of these GTC start to run only from the date of actual receipt of the payment by the seller, the latter being able to prove it by all means. The availability of the products is indicated on the site, in the descriptive sheet of each product.
Gwardians.com will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers shall be considered by the parties to be evidence of communications, orders, payments and transactions between the parties.
Article 5 – manufacture of products
The products offered on the site are our own brand. Sleeves are made in China and import to France.
Article 6 – deliveries
The products are delivered to the delivery address you indicated during the ordering process. When you order several products at the same time and one of them is out of stock (not reported on the site), Gwardians.com however, reserves the right to split shipments. The contribution to the processing and shipping costs will only be charged for one shipment.
The delivery costs will be indicated to the customer before any payment.
In the case of delivery of a product outside the territory of the European Union and in the DOM-Tom, the customer declares himself the importer of the product and agrees that in such cases the seller may be in a material impossibility to provide him with any information the total amount of fees and customs formalities or import taxes applicable in the country where the delivery of the product is requested.
Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the seller undertakes in all cases to deliver the products within a maximum period of thirty (30) days after the conclusion of the contract with a customer Consumer.
The customer may refuse a parcel at the time of delivery if he finds an anomaly concerning the delivery (damage, missing product in relation to the delivery order, damaged parcel, broken products…); any anomaly must then be indicated by the customer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the customer. In order to exercise its right of refusal, the customer must open the damaged or defective package (or packages) in the presence of the carrier and have the damaged merchandise resumed. Failing to comply with these requirements, the customer shall not be entitled to exercise his right of refusal, and the seller shall not be obliged to accede to the request for exercise of the client’s right of refusal.
If the customer’s parcel is returned to the seller by post or by other postal service providers, the seller will contact the customer upon receipt of the parcel in return to request the following to be given to his order. If the customer has mistakenly refused the parcel, he will be able to request the return by paying the postage for the new consignment beforehand. Postage will have to be paid even for orders whose shipping costs were offered when ordering.
In case of error of delivery or Exchange (if the right of withdrawal is applicable, i.e. If the customer is a consumer and the contract passed to acquire the product or service allows the withdrawal, according to article L. 221-18 and following of the code of the consumption), any product to be exchanged or refunded must be returned to the seller in its entirety and in perfect condition. Any defect resulting from the customer’s awkwardness or mishandling may not be attributed to the seller.
Any delay in delivery in relation to the date or time indicated to the consumer customer when ordering or, in the absence of indication of date or time of ordering, more than thirty (30) days from the conclusion of the contract may result in the resolution of the sale at the initiative of the consumer customer, on written request of his part by registered letter with acknowledgement of receipt, if after having instructed the seller to make the delivery it did not run. The consumer client will then be reimbursed, no later than fourteen (14) days after the date on which the contract was denounced, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 7 – right of withdrawal and withdrawal form
In accordance with article L. 221-18 of the consumer code, and if the right of withdrawal is applicable, the consumer customer has a period of fourteen (14) working days from the date of receipt of the product of his order or the conclusion of contract for the provision of services, to withdraw. He shall be obliged to return any product which does not suit him and request the Exchange or reimbursement without penalty, with the exception of the return costs, within fourteen days from receipt by Pimeeple the request for reimbursement.
The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The consumer customer can find below a standard form of withdrawal for an order placed on the site, to be addressed to Pimeeple. It is understood that the customer will bear the costs of returning the product in case of withdrawal, as well as the cost of returning the product if it, due to its nature, cannot normally be returned by the post office.
If the foregoing obligations are not made, the customer will lose his right of withdrawal and the product shall be returned to him at his expense.
It is recommended that the customer make the return by a solution allowing a tracking of the parcel. Otherwise, if the returned parcel does not reach the seller, it will not be possible to initiate a survey of the postal services in order to ask them to locate the latter.
The refund will be made using the same payment method as the one chosen by the customer for the initial transaction, unless expressly agreed by the customer for the seller to use another method of payment, and to the extent that the refund does not cause fee for the customer.
The seller also reserves the right to defer the refund until receipt of the product or as long as the customer has not demonstrated that he has made the shipment of the product, if such a demonstration has not occurred previously.
In the event of impairment of the products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product (s), the responsibility of the customer may be incurred.
In accordance with article L221 of the consumer code, (“law Hamon”) of June 2014, the consumer customer can find below a standard form of withdrawal for an order placed on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Pim3D Insight, 15 rue de Moulin de Pierre, 28630, Sours, France.
I/we (*) notify you/notify (*) hereby my/our (*) revocation of the contract relating to the sale of the property (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of client (s):
Address of customer (s):
Signature of client (s) (only when this form is notified on paper):
Date:
(*) Scratch the useless mention.
Article 8 – product warranty
Legal provisions to be reproduced
When acting as a legal guarantee of conformity, the consumer receives a period of two years from the issuance of the property to act; It may choose between the repair or replacement of the property, subject to the cost conditions laid down in article L. 217-9 of the consumer code; except for second-hand goods, it is exempt from proving the existence of the property’s lack of conformity during the six months following the issuance of the property, a period of 24 months from 18 March 2016.
The legal guarantee of conformity applies irrespective of the commercial guarantee which may be granted.
The consumer may decide to implement the guarantee against the hidden defects of the sold thing within the meaning of article 1641 of the civil code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of an implementation of this guarantee, the purchaser has the choice between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the civil code. It has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the prescription may not have the effect of bringing the limitation period extinctive beyond twenty years from the day of the birth of the law in accordance with article 2232 of the civil code.
All articles acquired on this site benefit from the following legal guarantees, provided for by the civil code.
Legal compliance guarantee
According to articles L. 217-4 et seq. of the consumer code, the seller is obliged to deliver a good in accordance with the contract concluded with the consumer customer and to respond to defects in conformity existing during the issuance of the product. The guarantee of conformity may be exercised if a defect is to exist on the day of taking possession of the product. However, where the defect occurred within 24 months of that date (or within 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it is presumed to fulfil this condition. But, in accordance with article L. 217-7 of the consumer code, ” the seller may combat this presumption if it is incompatible with the nature of the [Product] or the lack of conformity invoked “.
On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second hand), it will be up to the customer to prove that the defect existed well at the time of taking possession of the product.
In accordance with article L. 217-9 of the consumer code: ” in the event of a defect in conformity the purchaser chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the purchaser if this choice entails a cost manifestly disproportionate to the other modality, given the value of the property or the magnitude of the defect. It is then obliged to proceed, unless it is impossible, according to the modality not chosen by the purchaser .
Legal warranty against latent defects
According to articles 1641 to 1649 of the civil code, the customer may request the exercise of the guarantee of latent defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore not result from the normal wear of the product by example), and are sufficiently serious (the defect must either render the product unfit for use to which it is intended, or diminish that use to such an extent that the purchaser would not have purchased the product or would not have bought it at such a price if he had known the the default).
Claims, requests for Exchange or reimbursement for a non-conforming product must be made by post or by mail to the addresses indicated in the legal notices of the site.
In case of non-conformity of a delivered product, it may be returned to the seller who will exchange it. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the customer will be refunded by cheque or transfer of the amount of his order. The costs of the Exchange or refund procedure (in particular the return shipping costs of the product) are then borne by the seller.
Article 9 – customer service
The customer service of this site is accessible by e-mail to the following address: info@gwardians.com or by post to the address indicated in the legal notices.
Article 10 – liability
The seller Pimeeple cannot be held responsible for the breach of the contract concluded due to the occurrence of a force majeure event. Regarding the products purchased, the seller will not incur any liability for any consequential damages due to the present, loss of operation, loss of profit, damage or expense, which may arise.
The choice and purchase of a product or a service is placed under the sole responsibility of the customer. The total or partial impossibility of using the products in particular because of incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the seller’s liability, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. If the customer is not a consumer customer and the contract passed to acquire the product or the service allows the withdrawal, according to article L 221-18 and following of the consumer code.
The customer expressly acknowledges the use of the site at its own risk and under its sole responsibility. The site provides the customer with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Pimeeple shall not be liable in any way for:
- of any direct or indirect damage, in particular as regards loss of profits, loss of profit, losses of customers, data which may, inter alia, result from the use of the site, or to the contrary to the impossibility of its use;
- malfunction, unavailability of access, misuse, improper configuration of the client’s computer, or use of a browser not used by the customer;
- content of advertisements and other external links or sources accessible by customers from the site.
The photographs and visuals of the products presented on the site have no contractual character, therefore the seller’s liability cannot be incurred if the characteristics of the products differ from the visuals present on the site or if the latter are incorrect or incomplete.
Article 11 – intellectual property rights
All elements of this site belong to the seller or a third party agent, or are used by the seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual content, pictographs or videos, without this enumeration being exhaustive, is strictly forbidden and is akin to counterfeiting.
Any customer who would be guilty of counterfeiting would be liable to see his account deleted without notice or indemnity and without such deletion being able to damage him, without prejudice to any legal proceedings at the initiative of the seller or his agent.
This site uses elements (images, photographs, contents) whose credits come from: Credits if not delete the line.
The trademarks and logos contained in the site may be deposited by the Pimeeple, or possibly by one of its partners. Any person performing their representations, reproductions, imbrications, broadcasts and re-broadcasts shall incur the penalties provided for in articles L. 713-2 et seq. of the intellectual property code.
Article 12 – Independances of clauses
If a provision of the GTC is found to be unlawful, void or for any other reason inapplicable, then that provision shall be deemed to be divisible by the GTC and shall not affect the validity and applicability of the remaining provisions.
These GTC supersede any prior or contemporaneous agreements written or oral. The GTC are not transferable, transferable or sublicensable by the customer himself.
A printed version of the GTC and all the notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in the French language.
Article 13 – applicable law and mediation
These GTC are governed by and subject to French law.
Except as otherwise provided in public policy, any disputes that may arise in connection with the execution of these GTC may before any legal action be submitted to the Publisher of the site for an amicable settlement.
It is expressly recalled that the claims for amicable settlement do not suspend the deadlines for bringing legal proceedings. Unless otherwise provided, of public order, any legal action relating to the performance of these GTC shall be subject to the jurisdiction of the courts in the place of domicile of the defendant.
Consumer mediation
According to article L. 612-1 of the consumer code, it is recalled that ” every consumer has the right to use free of charge a consumer mediator for the amicable resolution of the dispute against a professional.” To this end, the trader guarantees the consumer the effective use of a consumer mediation system .
As such Gwardians proposes to its consumer customers, in the context of disputes which would not have resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator of the Medicys accredited Mediation Center
- contact@medicys.fr
- http://www.medicys.fr/index.php/consommateurs/
It is recalled that mediation is not obligatory but only proposed in order to resolve disputes by avoiding recourse to justice.