Legal notice, terms and conditions of sale, terms and conditions of use, privacy policy, shipping policy,
Legal information for the dream-machine.tech website
applicable from 10/25/2021
ARTICLE 1. PUBLISHER
You are currently connected to the dream-machine.tech website, published by Dream Machine Technology, SARL, share capital: €1,000, registered with the RCS of PARIS in France on 30/10/2019, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, email: [email protected], VAT number: FR24881351316, publication manager: M Brice BATTUNG.
ARTICLE 2. HOST
Information on the legal and technical hosting of this site can be found at : https://www.shopify.fr/legal/mentions-legales
Terms and conditions of 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 20/10/2031, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, telephone: +33 1 86 47 23 76, email: [email protected], VAT number: FR24881351316, hereinafter "the Publisher" and any individual or legal entity, 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.
"Publisher": Dream Machine Technology, SARL in its capacity as publisher of the Site.
"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. CUSTOMER SERVICE
The Site's customer service department is accessible from Monday to Friday, 9am to 6pm, 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 6. PERSONAL SPACE
6.1. 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.
6.2. 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.
6.3. 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 7. PERSONAL DATA
As part of its services, the Publisher may be required to process personal data about its customers.
7.1 Identity of the data controller
The Editor is responsible for data collection and processing on the Site.
7.2 Identity of the Data Protection Officer
The data protection delegate is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, [email protected], 01 77 62 82 03, www.deshoulieres-avocats.com"Always take care to create a hypertext link on the URL of our site.
7.3. Collected data
7.3.1. 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.
7.3.2. Purposes of personal data collection
The data collected during the contractual relationship is subject to automated processing for the purpose of :
- fulfill contractual commitments ;
- contact customers ;
- avoid any illicit or illegal activity;
- enforcing general conditions ;
- initiate legal proceedings ;
- verify the identity of Customers;
7.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
7.3.4. 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.
7.3.5. 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.
7.3.6. 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.
7.3.7. 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.
7.4. 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.
7.4.1. 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 case of a request made via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made 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 with this process, customers can find here a model letter drawn up by Cnil.
7.4.2. 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 with this process, customers can find here a model letter drawn up by the Cnil.
7.4.3. Right to object to data processing
The Publisher's customers may object to the processing of their personal data.
To help them with this process, customers can find here a model letter drawn up by the Cnil.
7.4.4. 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.
7.4.5. Right to limit processing
The Publisher's customers have the right to request that the processing of their personal data by the Publisher be restricted. In this way, their data can only be stored and no longer used by the Publisher.
7.4.6. 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.
7.4.7. 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.
7.5. Transfer of collected data
7.5.1. 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 | Country | Treatment performed | ||
Lilou's Bookshop | France | Logistics Management |
7.5.2. 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.
7.5.3. Transfer as part of 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 8. INTELLECTUAL PROPERTY
8.1. 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.
8.2. 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.
8.3. Protection of general terms and conditions
The general terms and conditions of the Site, drawn up by Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable law
These terms and conditions are governed by French law.
9.2 Modifications to these terms and conditions
The present terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site. Any new connection to the personal area implies acceptance of the new general terms and conditions.
9.3. 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, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
9.4. 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.
9.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.
9.6. Canvassing
The customer is hereby informed that he/she may register on the telephone anti-solicitation list at the following address http://www.bloctel.gouv.fr/.
9.7. Languages of these terms and conditions
These terms and conditions are available in French.
9.8. 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.
Terms and conditions 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 20/10/2031, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, telephone: +33 1 86 47 23 76, email: [email protected], VAT number: FR24881351316, hereinafter "the Publisher" and any individual or legal entity, 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.
"Publisher": Dream Machine Technology, SARL in its capacity as publisher of the Site.
"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
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.
Local taxes and customs duties may be levied by local authorities upon delivery of the product.
6.2. Terms of payment
Customers can pay by credit card.
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 money order, cheque 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 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.
ARTICLE 7. 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.
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 delegate is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, [email protected], 01 77 62 82 03, www.deshoulieres-avocats.com"Always take care to create a hypertext link on the URL of our site.
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 case of a request made via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made 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 can 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 can 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 can 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 | Destination country | Treatment performed | ||
Lilou's bookshop | France | Logistics management |
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. FINAL STIPULATIONS
12.1. Applicable law
These terms and conditions are governed by French law.
12.2 Modifications to these terms and conditions
The present terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site. Any new connection to the personal area implies acceptance of the new general terms and conditions.
12.3. 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, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
12.4 Whole
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.
12.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.
12.6. Canvassing
The customer is hereby informed that he/she may register on the telephone anti-solicitation list at the following address http://www.bloctel.gouv.fr/.
12.7. Languages of these terms and conditions
These terms and conditions are available in French.
12.8. 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.
PRIVACY POLICY dream-machine.tech
Last updated on 10/25/2021.
PREAMBLE
This privacy policy tells you how Dream Machine Technology uses and protects any information you give us when you use this site, which can be accessed from the following URL: dream-machine.tech (hereinafter the "Site").
Please note that this privacy policy may be modified or supplemented at any time by Dream Machine Technology, in particular in order to comply with any legal or technological developments. In such a case, the date of the update will be clearly identified at the top of this policy. Such modifications are binding on users once they have been informed of the updated privacy policy and have accepted it.
ARTICLE 1. PARTIES
This privacy policy is applicable between the publisher of the Site, hereinafter "the Publisher", and any person connecting to the Site, hereinafter "the User".
ARTICLE 2. DEFINITIONS
"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.
"Publisher": Dream Machine Technology, SARL in its capacity as publisher of the Site.
"User": any person connecting to the Site.
"Site": website accessible at the URL dream-machine.tech, as well as sub-sites, mirror sites, portals and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
This privacy policy applies to all Users. Clicking on "I accept" when registering on the Site implies your full acceptance of this policy. Similarly, clicking on "I accept" in the cookie information banner displayed on the Site confirms your acceptance of this policy, while enabling you to customize the cookies that will or will not be applied to you. By doing so, you acknowledge that you have fully understood and accept them without restriction.
The 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.
Acceptance of this privacy policy implies that Users have the legal capacity to do so or are at least 16 years old, or failing that have the authorization of a guardian or curator if they are incapable, of their legal representative if they are under 16, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016 and with the national legislation in force, the Publisher provides you with the following information:
4.1 Identity of the data controller
The party responsible for data collection and processing on the Site is Dream Machine Technology, SARL, whose registered office is located at 27 Rue de Fontarabie, 75020 Paris, FR881 351 316 RCS PARIS.
4.2 Data collection by the Publisher
4.2.1. Collected data
4.2.1.1 Data collected when browsing the Site
When browsing the Site, you consent to the Publisher collecting information relating to: the content you consult and click on; demographic data; the device used and its software environment; your location; your connection data (times, IP address, etc.).
4.2.1.2. Data collected when using the contact form or contact email address
The use of the contact form or the contact email address by the User implies the collection by the Publisher of the following personal data: surname, first name, email address*, telephone number.
Personal data followed by an asterisk are mandatory for the use of the contact form. Users who do not wish to provide the information required to use the contact form will not be able to send a message to the Editor directly from the Site.
4.2.1.3. Data collected when registering on the Site
The use of the registration form by the User implies the collection by the Publisher of the following personal data: surname*, first name*, postal address*, e-mail address*, date of birth, telephone number.
Personal data followed by an asterisk are mandatory for registration on the Site. Users who do not wish to provide the information required to use the registration form will not be able to register directly from the Site.
4.2.1.4. Data collected when using the newsletter form
When using the newsletter form, the Publisher may collect and process: your e-mail address.
4.2.2. Purposes of personal data collection
Data collected during browsing is subject to automated processing for the purpose of :
* Check the identity of persons ;
* Ensure and improve service safety;
* Develop, operate, improve, provide and manage the Site;
* Contextualize and enhance the user experience;
* Send information and contact people, including by e-mail;
* Target advertising content;
* Avoid any illicit or illegal activity;
* To ensure compliance with the conditions governing use of the Site.
The data collected when using the contact form or the contact email address is subject to automated processing for the purpose of :
* Check the identity of persons ;
* Ensure and improve service safety;
* Contextualize and enhance the user experience;
* Send information and contact people, including by e-mail;
* Target advertising content;
* Avoid any illicit or illegal activity.
The data collected at the time of registration is subject to automated processing for the purpose of :
* Fulfill contractual commitments;
* Check the identity of persons ;
* Ensure and improve service safety;
* Develop, operate, improve, provide and manage the Site;
* Contextualize and enhance the user experience;
* Send information and contact people, including by e-mail;
* Avoid any illicit or illegal activity;
* To ensure compliance with the conditions governing use of the Site.
The data collected when using the newsletter form is subject to automated processing for the purpose of :
* send newsletters to the User.
4.2.3. Legal basis for processing
The legal basis for the data collected during browsing is the Publisher's legitimate interest in analyzing behavior on the Site and improving its security and operation. Some of this data, such as that resulting from the installation of certain cookies, may have as its legal basis the consent of individuals.
The legal basis for the data collected when using the contact form or the contact email address is the consent of the persons concerned.
The legal basis for the data collected during registration is a contractual relationship.
The legal basis for the data collected when using the newsletter form is the consent of the persons concerned.
4.2.4. Data recipients
The data collected may only be consulted by members of the Publisher's management team, by the personnel in charge of preparing your order and by the personnel responsible for managing the Site, and is never made freely viewable by any third party.
4.2.5. Retention period for personal data
Personal data collected during browsing is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the consent of the persons concerned is withdrawn.
The personal data collected when using the contact form or when sending to the contact email address are kept for a reasonable period of time necessary for the proper management of the User's request, and for a maximum of 12 months.
The data collected during registration is kept for the duration of the contractual relationship between the Publisher and the User.
The data collected when using the newsletter form is kept until the consent of the persons concerned is withdrawn.
At the end of each of these periods, the Publisher will archive this data and keep it for the time during which it may be held liable.
Once this retention period has elapsed, the Publisher undertakes to permanently delete the data of the persons concerned.
4.2.6. 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.
4.2.7. Minimization of personal data
The Publisher may also collect and process any data voluntarily transmitted by a User, in particular via the free field on the contact form.
The Publisher will guide Users as far as possible when they provide unnecessary or superfluous personal data.
The Publisher undertakes to keep and process only the data strictly necessary for its activities, and will delete any data received that is not useful as soon as possible.
4.3. Respect for rights
You have the following rights concerning your personal data, which you may exercise by writing to us at our postal address or by sending an email to the following address: [email protected].
4.3.1. Right to information, access and communication of data
You have the right to access your personal data.
In view of the Publisher's obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your valid identity document (in the case of an e-mail request) or a signed photocopy of your valid identity document (in the case of a written request), 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 your signature.
To help you in your approach, you will find here a model letter drawn up by Cnil.
4.3.2. Right to rectify, delete and forget data
You have the right to request the rectification, updating, blocking or deletion of your personal data which may be inaccurate, erroneous, incomplete or obsolete.
You may also define general and specific directives concerning the fate of personal data after your 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 you in your approach, you will find here a model letter drawn up by Cnil.
4.3.3. Right to object to data processing
You have the right to object to the processing of your personal data.
To do so, please send an e-mail to the following address: [email protected]. In this e-mail, you will need to specify the data you wish to have deleted, as well as the reasons justifying this request, except in the case of commercial canvassing.
4.3.4. Right to data portability
You have the right to receive the personal data you have provided in a transferable, open and readable format.
4.3.5. Right to restrict processing
You have the right to request that the processing of your personal data by the Publisher be restricted. In this way, your data can only be stored and no longer used by the Publisher.
4.3.6. Withdrawal of consent
Your consent is essential to the processing of your data by the Publisher. However, you may withdraw your consent at any time. Such withdrawal will lead to the deletion of your personal data.
Services requiring the processing of your data by the Publisher will no longer be accessible.
4.3.7. Response times
The Editor undertakes to respond to your request for access, rectification or opposition or any other request for additional information within a reasonable period of time not exceeding 1 month from receipt of your request.
4.3.8. Complaint to the competent authority
If you consider that the Publisher is not complying with its obligations with regard to your personal information, you may lodge a complaint or a request with the competent authority. In France, the competent authority is the Cnil, to which you can send a request here.
4.4. Transfer of collected data
4.4.1. Transfer to partners
The Editor informs you that we have recourse to authorized service providers to facilitate the collection and processing of the data you have communicated to us. These service providers may be located outside the European Union and may receive data collected on the Site.
The Publisher has ensured in advance that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US PrivacyShield.
The User consents to the data collected being transmitted by the Publisher to its partners and being processed by these partners in the context of third-party services, namely :
No known partner at present.
4.4.2. Transfer on requisition or court order
The User also consents to the Publisher disclosing the data collected to any person, at the request of a state authority or court order.
4.4.3. Transfer as part of 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, the User consents to the data collected being transmitted by the Publisher to that company and to that company carrying out the personal data processing operations referred to in this Privacy Policy on behalf of the Publisher.
ARTICLE 5. COOKIES POLICY
When you first connect to the Publisher's Site, you will be warned by a banner at the bottom of your screen that information relating to your browsing may be recorded in files known as "cookies". Our policy on the use of cookies gives you a better understanding of the measures we have implemented for browsing our Site. In particular, it informs you of all the cookies present on our site, their purpose and how to configure them.
5.1. Use of cookies
The Site Editor may install cookies and other tracers on the hard disk of your terminal (computer, tablet, mobile, etc.) in order to guarantee you smooth and optimal browsing on our website.
Cookies" are small text files of limited size that enable us to recognize your computer, tablet or cell phone so that we can personalize the services we offer you.
To give you a better idea of the information that cookies identify, you will find below a table listing the different types of cookies likely to be used on the Publisher's site, their name, purpose and retention period.
5.2. Tracking purposes
With the help of the information contained in the tracers and cookies used, the Publisher may analyze the number of visitors to and use of the Site and, where appropriate, facilitate and improve browsing, carry out prospecting operations, compile commercial statistics or display targeted advertising.
5.3. Tracers used
Partner Purpose of processing Partner conditions
Shopify Secure zone access, browsing history management https://www.shopify.com/legal/cookies
5.4. Setting your cookie preferences
When you first connect to the Publisher's website, a banner briefly presenting information on the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to choose which cookies you wish to accept or refuse. You will be deemed to have given your consent to the deposit of cookies by clicking on the "I accept" icon, either globally or individually. Conversely, you will be deemed to have refused the deposit of cookies by clicking on the "I refuse" icon. Again, this choice may apply to all cookies, or to some of them only. If you do not make this choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be modified at any time.
5.4.1 Cookies not requiring consent
In accordance with the recommendations of the Commission Nationale de l'Informatique et des Libertés (Cnil), certain cookies do not require your prior consent insofar as they are strictly necessary for the operation of the website or their sole purpose is to enable or facilitate electronic communication. These include session ID cookies, authentication cookies, load balancing session cookies and interface personalization cookies. These cookies are fully subject to the present policy insofar as they are issued and managed by the Publisher.
5.4.2 Cookies requiring prior consent
This requirement applies to cookies issued by third parties and described as "persistent" in that they remain on your terminal until they are deleted or expire.
As such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This family of cookies includes audience measurement cookies, advertising cookies and social network sharing cookies (such as Facebook, Twitter, Youtube and Instagram).
Audience measurement cookies establish statistics concerning the number of visitors and the use of various elements of the Site (such as the content/pages you have visited). This data helps to improve the ergonomics of the Publisher's Site.
5.5. Maximum tracer shelf life
Tracers are intended to be stored on the User's computer for up to 12 months. This data is kept in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and national legislation in force.
5.6. Opposition to the use of tracers
5.6.1. Right to object to the use of tracers
You can accept or refuse cookies at any time.
Users may delete or deactivate the use of cookies whenever they wish by modifying their browser settings. It is possible to consult the Site without cookies. However, some of the Site's ancillary functions may not function if the User has deactivated the use of cookies, such as autocompletion of forms or navigation indicators.
5.6.2. Settings
For further information on cookie management tools, please consult the dedicated page on the Cnil website.
5.6.2.1. Browser settings
Each Internet browser has its own cookie management settings. The User can configure his browser software so that cookies are rejected either systematically, or depending on the sender. The User may also configure his or her browser software so that acceptance or rejection of cookies is proposed from time to time, before a cookie is likely to be stored on his or her terminal.
Each browser is configured differently to manage cookies and User choices. It is described in the browser's help menu, which will show you how to modify your cookie preferences:
* For Internet Explorer ;
* For Safari ;
* For Chrome ;
* For Firefox ;
* For Opera.
5.6.2.2. Settings using add-on modules
The User can also delete or oppose the installation of cookies on his computer by installing an extension on his browser, such as Ghostery, which can be downloaded here.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. 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 infringement.
6.2. Contractual protection of Site Content
The User contractually undertakes to the Publisher not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not it is protected by intellectual property rights, 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 7. FINAL STIPULATIONS
7.1. Modifications
The present Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in force at the time of his/her connection to the Site. The User will be informed of any substantial modification to the present Privacy Policy when he/she logs on for the first time. This new privacy policy will then be subject to a new acceptance.
7.2. 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.
7.3. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
7.4. Languages
These conditions are available in French.
7.5. Unfair terms
The stipulations of the present 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.
ARTICLE 8. DISPUTES
8.1. Applicable law
This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.
8.2. 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.
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, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
Shipping policy dream-machine.tech
applicable from 10/25/2021
ARTICLE 1. PURPOSE
The purpose of this shipping policy is to define the terms and conditions applicable to the shipment of a Product to the Customer by the Publisher.
ARTICLE 2. PARTIES
The present shipping policy is applicable between Dream Machine Technology, SARL, share capital: 1000 €, registered with the RCS of PARIS in France on 20/10/2031, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, telephone: +33 1 86 47 23 76, email: [email protected], VAT number: FR24881351316, hereinafter "the Publisher" and any individual or legal entity, private or public, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 3. 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.
"Publisher": Dream Machine Technology, SARL in its capacity as publisher of the Site.
"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 4. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of the present shipping policy. Simply connecting to the Site by any means whatsoever, in particular via a robot or browser, implies full acceptance of this shipping policy. 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.
The present shipping policy applies to the relationship between the parties to the exclusion of all other conditions, in particular those of the Internet user.
Acceptance of this shipping policy implies that Internet users have the 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 5. DELIVERY
5.1. Delivery charges
Delivery charges will, in any event, be indicated to the Customer before any payment is made and concern only deliveries made in metropolitan France, including Corsica. For all other delivery locations, it is the Customer's responsibility to contact customer service.
In the event of delivery of the Product to the Customer in a boutique or in one of the Publisher's partner locations, the related costs are specified to the Customer at the time of the order.
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.
Local taxes and customs duties may be levied by local authorities upon delivery of the product.
5.2. 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.
5.3. 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.
5.4. Retention of title - transfer of risk
Ownership of delivered Products is reserved to the Publisher until delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to set aside the present clause.
The Customer shall bear the risks relating to the Products from the time the order is placed. For the duration of the reservation of title, the Customer must insure the Products belonging to the Publisher against any damage that may occur, at its own expense, and must provide proof thereof to the Publisher on first request.
ARTICLE 6. FINAL STIPULATIONS
6.1. Applicable law
This shipping policy is subject to French law.
6.2. Changes to this shipping policy
The present shipping policy may be modified at any time by the Publisher. The shipping policy applicable to the Customer is that in force on the day of the order or connection to the Site, and any new connection to the personal space implies acceptance of the new shipping policy.
6.3. Disputes
Pursuant to Ordinance no. 2015-1033 of August 20, 2015, all disputes with a consumer Customer that may arise in connection with the performance of these general terms and conditions and for which a solution has not previously been found amicably between the parties must be submitted.
In addition, the Consumer 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, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
6.4. 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.
6.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.
6.6. Canvassing
The customer is hereby informed that he/she may register on the telephone anti-solicitation list at the following address http://www.bloctel.gouv.fr/.
6.7. Languages of this shipping policy
This shipping policy is available in French.
6.8. Unfair terms
The provisions of this shipping policy 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.
Refund policy for the dream-machine.tech website
applicable from 10/25/2021
ARTICLE 1. PARTIES
This refund policy is applicable between Dream Machine Technology, SARL, share capital: 1000 €, registered with the RCS of PARIS in France on 20/10/2031, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, telephone: +33 1 86 47 23 76, email: [email protected], VAT number: FR24881351316, hereinafter "the Publisher" and any individual or legal entity, 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.
"Publisher": Dream Machine Technology, SARL in its capacity as publisher of the Site.
"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
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.
Local taxes and customs duties may be levied by local authorities upon delivery of the product.
6.2. Terms of payment
The customer can make his payment by [paymentGateways].
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 money order, cheque 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 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.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY
7.1. 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.
7.2. Right of withdrawal - Distance selling
The present article 7.2 is applicable to Customers who are consumers within the meaning of the preliminary article of the French Consumer Code.
7.2.1. 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 mentioned 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.
7.2.2. 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 are borne by the Customer. These costs are estimated at a maximum of 50 euros if, due to its nature, the Product cannot normally be returned by post.
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.
7.2.3. 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;
- the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded at a public auction ;
- accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;
- the supply of digital content not provided on a physical medium, the execution of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal.
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.
7.3. 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.
7.4. Warranties
7.4.1. 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.
7.4.2. Warranty for hidden defects
7.4.2.1. Legal warranties
Customers benefit from a legal guarantee of delivery in conformity (article 1604 of the French Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) and a safety guarantee (articles 1245 et seq. of the French Civil Code).
Customers who are consumers also benefit from a legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).
7.4.2.2. 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.
7.4.2.3. Back
In order to activate the warranty, the Customer must return the product to the address of the Publisher's head office, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.
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 in the case of consumer Customers invoking the guarantee of conformity set out in Articles L. 217-4 et seq. 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, they 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 8. FINAL STIPULATIONS
8.1. Applicable law
These terms and conditions are governed by French law.
8.2. Modifications to these general terms and conditions
The present terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site. Any new connection to the personal area implies acceptance of the new general terms and conditions.
8.3. Disputes
Pursuant to Ordinance no. 2015-1033 of August 20, 2015, all disputes with a consumer Customer that may arise in connection with the performance of these general terms and conditions and for which a solution has not previously been found amicably between the parties must be submitted.
In addition, the Consumer 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, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
8.4. 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.
8.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.
8.6. Canvassing
The customer is hereby informed that he/she may register on the telephone anti-solicitation list at the following address http://www.bloctel.gouv.fr/.
8.7. Languages of these terms and conditions
These terms and conditions are available in French.
8.8. 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.
