General terms and conditions of sale and use
Terms and conditions of sale and use of the dream-machine.tech website
applicable from 10/25/2021
ARTICLE 1. PARTIES
These terms and conditions are applicable between Dream Machine Technology, SARL, share capital: €1000, registered with the RCS of PARIS in France on 20/10/2019, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, email: [email protected], intra-community VAT number: FR24881351316, hereinafter "the Publisher" and any person, natural or legal, private or public, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any individual or legal entity, private or public, 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": Dream Machine Technology, SARL
"Internet user": any individual or legal entity, private or public, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL dream-machine.tech, 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 by all Internet users of these terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, implies full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
By the same token, the Internet user acknowledges that he/she has fully understood and accepts them without restriction.
Ticking the above-mentioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the Publisher's automatic recording systems and, unless he/she provides proof 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 terms and conditions, in particular those of the Internet user.
Acceptance of these terms and conditions implies that Internet users have the legal capacity to do so, or, failing this, 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 purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDERING STEPS
5.1. Control
To place an order, Internet users can select one or more Products and add them to their cart. Product availability is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the appropriate button.
5.2. Validation of the order by the Internet user
By consulting their cart, Internet users will be able to check the number and nature of the Products they have chosen, and will be able to check their unit price, as well as their total price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, Internet users can validate it. They will then be taken to a form on which they can either enter their login details if they already have them, or register on the Site by filling in the registration form with their personal details.
5.3. Payment by the Customer
Once they have logged in or completed the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface marked "order with payment obligation" or similar.
5.4. Order confirmation by the Publisher
Once payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same time limit, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming that it has been processed, with all the relevant information.
ARTICLE 6. PRICE - PAYMENT - DELIVERY CHARGES
6.1. Prices
The applicable prices are those displayed on the Site on the day the order is placed. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and have no effect for the future.
The currency of the prices shown on the Site is indicated according to the country of connection. Prices are shown inclusive of all taxes for metropolitan France and European Community countries, and exclusive of tax for other countries. Prices do not include delivery charges.
For shipments outside the Euro zone: Dream Machines are shipped from France. Additional charges for local taxes may apply.
6.2. Terms of payment
Customers can pay by credit card, Paypal or Scalapay.
In the case of payment by credit card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.
In the case of payment by 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 Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any sum not paid by the due date will automatically give rise, without notice of default, 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 detracting from the principal sums due.
In addition, any delay in payment will result in the invoicing to the defaulting Customer of collection costs amounting to 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by an indemnity of 20% of the amount by way of penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This clause falls within the scope of the provisions of article 1152 of the French Civil Code, which allows the judge to reduce the indemnity if he considers it excessive.
6.5. Reservation of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present retention of title clause.
6.6. Delivery charges
Delivery charges will be indicated to the Customer prior to payment.
In the event of delivery of the Product to the Customer in a boutique or at one of the Publisher's partner locations, the related costs will be specified to the Customer at the time the order is placed.
Local taxes and customs duties may be levied by local authorities upon delivery of the product.
6.7. Delivery time
Orders are delivered by La Poste, DPD, Chronopost, Mondial Relay, Geodis, DHL, Fedex, UPS, EMS within 7 working days from receipt of full payment by the Publisher.
Certain products or certain order volumes may nevertheless justify a delivery time of more than 7 working days. This will be expressly mentioned to the customer when the order is validated.
6.8. Damaged parcel
In the event of delivery of an obviously and visibly damaged parcel, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the Vendor without delay, so that a new parcel can be prepared and dispatched as soon as the damaged parcel is received. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service department is accessible from Monday to Friday, 9am to 5pm, by e-mail at : [email protected] or by post to the address given in article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to reply within 7 working days.
ARTICLE 8. PERSONAL AREA
8.1. Creating a personal space
The creation of a personal space is an essential prerequisite to any order placed by an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. Refusal by an Internet user to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating a personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher may not be held responsible for unauthorized access to an Internet User's personal space.
The Customer undertakes to regularly check the data concerning him or her and to make any necessary updates and modifications online from his or her personal space.
8.2. Contents of personal space
The personal space enables customers to consult and track all their orders placed on the Site.
Pages relating to personal areas are freely printable by the account holder in question, but in no way constitute evidence admissible in a court of law. They are for information purposes only, and are intended to ensure the efficient management of the customer's orders.
The Publisher undertakes to keep securely all contractual elements whose retention is required by law or regulation.
8.3. Deleting personal space
The Publisher reserves the right to delete the account of any Customer who contravenes the present terms and conditions, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, or where the Customer's personal space has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or damage to the excluded Customer, who shall not be entitled to claim any compensation as a result.
This exclusion is without prejudice to the Publisher's right to take legal action against the Customer, where justified by the facts.
ARTICLE 9. PERSONAL DATA
As part of its services, the Publisher may be required to process personal data about its customers.
9.1 Identity of the data controller
The Editor is responsible for data collection and processing on the Site.
9.2 Identity of the Data Protection Officer
The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, [email protected], 01 77 62 82 03, www.deshoulieres-avocats.com
9.3. Collected data
9.3.1. Data collected from customers
Within the framework of its contractual relations, the Publisher may collect and process information from its Customers, namely: Email, first and last name, telephone number, address, state, province, postal code, city, contract history.
9.3.2. Data collected from customers
The data collected during the contractual relationship is subject to automated processing for the purpose of :
- Initiate legal proceedings ;
- Verify customer identity;
9.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
9.3.4. Data recipients
The data collected may only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party.
9.3.5. Retention period for personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher may be held liable.
Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using state-of-the-art technology, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
Access to the Publisher's premises is also secure.
9.3.7. Data minimization
The Publisher may also collect and process any data voluntarily submitted by its Customers.
The Publisher instructs its customers to provide personal data that is strictly necessary to fulfill their contractual obligations.
The Publisher undertakes to keep and process only data that is strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
9.4. Respecting rights
The Publisher's customers have the following rights concerning their personal data, which they may exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's customers have the right to access their personal data.
In view of the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a request in writing), both accompanied by the words "I certify on my honour that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To help them in their approach, customers will find here a model letter drawn up by the Cnil.
9.4.2. Right to rectify, delete and forget data
The Publisher's customers may request the rectification, updating, blocking or deletion of their personal data, which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher's customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their loved one be taken into account and/or that the necessary updates be made.
To help them in their approach, customers will find here a model letter drawn up by the Cnil.
9.4.3. Right to object to data processing
The Publisher's customers may object to the processing of their personal data.
To help them in their approach, customers will find here a model letter drawn up by the Cnil.
9.4.4. Right to data portability
The Publisher's Customers are entitled to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restrict processing
The Publisher's customers have the right to request that the processing of their personal data by the Publisher be limited. In this way, their data can only be stored and no longer used by the Publisher.
9.4.6. Response times
The Publisher undertakes to reply to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from receipt of the request.
9.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations with regard to their personal data, they may lodge a complaint or a request with the competent authority. In France, the competent authority is the Cnil, to which they can send a request here.
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of Customer data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the services of the following subcontractors:
Partner
Quality
Destination country
Treatment performed
LLDL
Logistics
France
Logistics
9.5.2. Transfer on requisition or court order
Customers also consent to the Publisher disclosing the data collected to any person upon request by a government authority or court order.
9.5.3. Transfer in connection with a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transferred by the Publisher to that company and to that company carrying out the processing of personal data referred to in these General Terms of Service on behalf of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to exercise the care and diligence necessary to supply Products of a quality that complies with the specifications of these General Terms and Conditions. The Publisher is only responsible for an obligation of means concerning the services covered by these Terms and Conditions.
10.2. Force majeure - Customer's fault
The Publisher shall not be held liable in the event of force majeure or fault on the part of the Customer, as defined in the present article:
10.2.1. Force majeure
For the purposes of these terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, transmission network failure, collapse of installations, shall be deemed to be a case of force majeure enforceable against the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.
10.2.2. Customer's fault
For the purposes of the present General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or its agents, failure to follow the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer's personal space, shall be deemed to constitute a fault on the part of the Customer. The use of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of the present general terms and conditions of sale, will also be considered as a fault on the part of the Customer.
10.3 Technical problems - Hyperlinks
In the event of unavailability of the Site due to technical problems of any kind, the Customer shall not be entitled to claim any damages or compensation. The unavailability of one or more online services, even for a prolonged period and without any time limit, shall not constitute a prejudice for Customers and shall not in any way give rise to the awarding of damages by the Publisher.
Hypertext links on the Site may lead to other websites. The Editor cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the Editor shall not be held liable if the Internet user's visit to one of these sites causes him/her harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of color or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. The Publisher cannot be held responsible for these variations and differences under any circumstances.
10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain prejudice suffered by the Customer and linked to the failure in question. Under no circumstances may the Publisher be held liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Likewise, and within the same limits, the amount of damages for which the Publisher is liable may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and Site content
The Site Content is published for information purposes only, without any guarantee of accuracy. Under no circumstances may the Publisher be held liable for any omission, inaccuracy or error contained in this information, which may be the cause of direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
11.2. Contractual protection of Site Content
The Internet user contractually undertakes not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not it is protected by an intellectual property right, for any purpose other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site Content for indexing purposes.
ARTICLE 12. PRECAUTIONS FOR USING THE DREAM MACHINE
Before using the DREAM MACHINE, please read the operating instructions:
The DREAM MACHINE is a stroboscopic light device offering the user intense visual stimulation to be experienced with eyes closed, facing the device. Some people may be prone to epileptic seizures, which can lead to loss of consciousness when exposed to certain types of strong light stimulation. These individuals are at risk of seizures when exposed to the DREAM MACHINE's visual stimuli, even if they have no medical history or have never had a seizure before. If you or a member of your family have ever experienced epilepsy-related symptoms (seizures or loss of consciousness) in the presence of light stimulation, consult your doctor before using the device.
When using the DREAM MACHINE, make sure that other people in the same room are aware of its use: stroboscopic effects can be perceived by reflections off room surfaces. If you or anyone in your vicinity experiences any of the following symptoms: dizziness, vision problems, involuntary muscle contractions, disorientation, involuntary movements or convulsions, temporary loss of consciousness, you must stop using the DREAM MACHINE immediately and consult a doctor.
Use of the DREAM MACHINE is not recommended for people with mental, neurological or severe eye disorders, children or pregnant women. If you have any doubts, please seek medical advice before using the DREAM MACHINE.
ARTICLE 13. LEGAL AND LIABILITY TERMS
By using the DREAM MACHINE, you agree to the following terms:
13.1 Waiver of Claims :
By agreeing to use the DREAM MACHINE, you waive any right to sue Dream Machine Technology, its associates, employees or partners for any health problems resulting from the use of the device. You assume full responsibility for any experiments you may conduct with the DREAM MACHINE and for any risks you may incur, as well as for any risks you may impose on others trying out the DREAM MACHINE.
13.2 Acceptance of risks :
You acknowledge that you have been fully informed of the potential risks associated with the use of the DREAM MACHINE, including, but not limited to, seizures, loss of consciousness and other neurological disorders. These risks apply both to people who have been diagnosed with epilepsy and to those with no known medical history, but who may nevertheless be susceptible to seizures. By accepting these risks, you assume full responsibility for any consequences and irrevocably release Dream Machine Technology, its associates, employees and partners, from any liability for any damages, direct or indirect, that may arise from the use of the DREAM MACHINE, including but not limited to physical, neurological or psychological damages. You also agree that this release of liability extends to any use of the DREAM MACHINE by third parties to whom you have granted permission to use the device, whether such permission was express or implied.
13.3 Use at Your Own Risk :
Use of the DREAM MACHINE is at your own risk. In no event shall Dream Machine Technology, its associates, employees or partners be liable for any direct, indirect, special, incidental, consequential or exemplary damages arising out of the use or inability to use the DREAM MACHINE. This disclaimer covers all types of damages, including, but not limited to, injury to health, psychology, financial loss, damage to reputation, interruption of service, or any other harm resulting from the use of the DREAM MACHINE. By using the DREAM MACHINE, you irrevocably accept this limitation of liability.
13.4 Medical consultation :
It is strongly recommended that you consult a healthcare professional before using the DREAM MACHINE if you have any medical conditions that may be exacerbated by intense visual stimulation.
13.5 Third party liability :
If you allow another person to use the DREAM MACHINE, you assume full responsibility for the potential consequences and agree to inform them of the risks and terms of this disclaimer. As the purchaser of the DREAM MACHINE, you are responsible for all use of the device, even if it is borrowed, stolen or used without your knowledge. You acknowledge and agree that Dream Machine Technology shall not be liable for any damages or incidents resulting from the use of the DREAM MACHINE by any third party without your express consent.
13.6 Specific exclusions :
The use of the DREAM MACHINE is strictly not recommended for people with a history of heart disease, serious mental disorders, neurological disorders, serious eye disorders, as well as for children and pregnant women. If you have any doubts, please seek medical advice before using the DREAM MACHINE.
13.7 Dispute Resolution :
In the event of a dispute arising from the use of the DREAM MACHINE, the parties agree to seek an amicable solution before taking any legal action. If no agreement can be reached, any dispute will be submitted to arbitration in accordance with the rules of the Centre de Médiation et d'Arbitrage de Paris (CMAP). The arbitrator's decision will be final and binding on the parties. This clause applies regardless of the place of residence of the customer or the place of purchase of the DREAM MACHINE. All disputes will be governed by and interpreted in accordance with French law, and any arbitration or legal proceedings will take place in France.
13.8 Modifications and Updates :
Dream Machine Technology reserves the right to modify these terms and conditions at any time. Users will be informed of any updates via the application or the company's official website.
ARTICLE 14. CLAIMS - WITHDRAWAL - WARRANTY
14.1 Customer service
The Site's customer service department is available Monday to Friday from 10 to 12 on the following toll-free telephone number: +33 1 86 47 23 76, by e-mail at : [ email protected] or by post to the address given in article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to reply within 7 working days.
14.2. Right of withdrawal - Distance selling
The present article 14.2 is applicable to Customers who are consumers within the meaning of the preliminary article of the French Consumer Code.
14.2.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the customer has a period of fourteen clear days in which to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception, where applicable, of the cost of returning the goods.
The period referred to in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the supply of a service and/or the supply of digital content not supplied on a physical medium, or from receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the supply of services including the delivery of goods.
In the case of an order for several goods to be delivered separately, or in the case of an order for a good made up of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, lot or part. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The decision to withdraw must be notified to the Publisher at the address indicated in article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.
14.2.2. Effects of the right of withdrawal
The Customer returns or restitutes the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw.
When the right of retraction is exercised, the professional is obliged to reimburse the Customer for all sums paid, less the delivery costs at the time of ordering and the delivery costs associated with the return of the product, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the Professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the sooner. Thereafter, the sum due shall automatically bear interest at the legal rate in force, as specified in article L. 242-4 of the French Consumer Code.
Where applicable, the Professional will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer. However, the Professional is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard one offered.
The direct costs of returning the Product shall be borne by the Customer.
The Customer shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these terms and conditions.
14.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts :
the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the Customer and express renunciation of his right of withdrawal;
the supply of goods made to the customer's specifications or clearly personalized;
the supply of goods liable to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order for a service, the Customer's waiver of the right of withdrawal will be indicated by ticking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for the services I will receive before the end of this period". The Customer will then receive confirmation by e-mail of his or her waiver of the right of withdrawal.
Customers who have exercised their right to withdraw from a contract for the provision of services, the performance of which has begun, at their express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided up to the communication of their decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
14.3. Cancellation of the contract at the customer's initiative
The consumer customer may cancel the contract by registered letter with acknowledgement of receipt if the delivery date exceeds seven days. In this case, the customer will be reimbursed for the sums paid by him/her for the order.
The present clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the Customer undertakes not to take any legal action against the Publisher and waives the right to invoke the cancellation of the sale provided for in the present article.
14.4 Warranties
14.4.1. Warranty for apparent defects
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This verification must include the quality, quantities and references of the Products, as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the delivered packages will only be taken into account if the Customer, in his capacity as a trader, has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.
14.4.2. Warranty for hidden defects
14.4.2.1. Legal warranties
Customers benefit from a legal guarantee of delivery in conformity (article 1604 of the French Civil Code), and a legal guarantee against hidden defects (articles L. 217-4 et seq. of the French Consumer Code).
14.4.2.2. Conventional warranty
In addition to the legal warranty, the Products benefit from a conventional warranty of conformity on French territory, for a period of 2 years from delivery of the Product.
14.4.2.3. Back
In order to activate the warranty, the customer must return the product to the address provided by customer service, together with an explanatory letter requesting repair, exchange or refund.
In any event, the Customer is requested to follow the Publisher's instructions regarding the return of Products.
The cost of returning the Product remains at the Customer's expense, except for consumer Customers making use of the guarantee of conformity under Articles L. 217-4 and of the French Consumer Code.
The consumer customer has a period of 2 years from delivery of the goods to take action against the seller. In this respect, he may choose between repairing or replacing the Product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code. Lastly, the Customer is exempted from having to prove the existence of the Product's lack of conformity during the 24 months following delivery of said Product, except in the case of second-hand goods.
Where applicable, the legal warranty of conformity applies independently of the commercial warranty.
When the consumer customer decides to invoke the warranty for latent defects, he may choose between rescission of the sale or a reduction in the sale price.
ARTICLE 15. FINAL STIPULATIONS
15.1. Applicable law
The present general conditions are subject to the application of French law, regardless of the country of use, the nationality of the purchaser, the place of residence of the purchaser, or the place of shipment of the DREAM MACHINE.
15.2. Modifications to these general terms and conditions
These terms and conditions may be modified at any time by DREAM MACHINE TECHNOLOGY SARL. The general terms and conditions applicable to the Customer are those in force on the day of his/her order or connection to the present Site. Any new connection to the personal area implies acceptance of the new general terms and conditions.
15.3. Disputes
Pursuant to Ordinance no. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no prior amicable solution has been found between the parties must be submitted.
In addition, the Customer 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
Since January 1, 2016, mediation has been mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in the event of a dispute, and this regardless of whether they sell remotely or in a physical store.
15.4. Entire
The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.
15.5. Non-waiver
DREAM MACHINE TECHNOLOGY SARL's failure to exercise its rights hereunder shall not be construed as a waiver of such rights.
15.6. Canvassing
The customer is informed that he/she may register on the telephone anti-solicitation list at http://www.bloctel.gouv.fr/.
15.7. Languages of these terms and conditions
These terms and conditions are available in English and French. Regardless of the user's nationality, language spoken, understood or mastered, these terms and conditions, written in French or English, are applicable to all users. By using the DREAM MACHINE, users acknowledge that they have read, understood and accepted these terms and conditions in one of the two languages provided. Dream Machine Technology accepts no responsibility for any misunderstanding of terms by the user, and strongly recommends that a professional translation be consulted if necessary before accepting these terms and conditions.
15.8. Unfair terms
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
