Policies
Legal notices of the website dream-machine.tech
applicable from 25/10/2021
ARTICLE 1. EDITOR
You are currently connected to the website dream-machine.tech , edited by 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 , head office: 27 Rue de Fontarabie, 75020 Paris, FR , telephone: +33662604163 , email: contact@dream-machine.tech , number Intra-community VAT: FR24881351316 , director of publication: mr Brice BATTUNG .
ARTICLE 2. HOST
Information relating to the legal and technical hosting of this site can be found at the address: https://www.shopify.fr/legal/mentions-legales
General conditions of use of the website dream-machine.tech
applicable from 25/10/2021
ARTICLE 1. PARTIES
These general conditions are applicable between Dream Machine Technology , SARL , share capital: 1000 €, registered with the RCS of PARIS
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, under private or public law, registered on the Site.
" Site Content" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": Dream Machine Technology , SARL taken in its capacity as publisher of the Site.
" Internet user ": any person, natural or legal, under private or public law, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL dream-machine.tech , as well as the related sub-sites, mirror sites, portals and URL variations .
ARTICLE 3. SCOPE
The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator. they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
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 is accessible from Monday to Friday from 10 to 12 at the following non-surcharged telephone number: 0662604163 , by email to: contact@dream-machine.tech or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 7 working days .
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal space
The creation of a personal space is a prerequisite for any order from 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 personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal area. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer agrees to carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.
6.2. Content of personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence by a court. They are for informational purposes only, intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
6.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of a Client will have been inactive for at least one year. Said deletion will not be liable to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts have justified it.
ARTICLE 7.PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers
7.1. Identity of the controller
The person responsible for the collection and the data processed on the Site is the Publisher.
7.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com , 01 77 62 82 03, www.deshoulieres-lawyers .com "always taking care to create a hypertext link on the URL of our site
7.3. Data collected
7.3.1. Data collected from customers
As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, Name and first name, Telephone, Address, state, province, postal code, city, Contract history .
7.3.2. Purposes of the collection of personal data
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;
- enforce the general conditions;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal basis for processing
The data collected has a contractual relationship as a legal basis.
7.3.4. Data recipients
The data collected can only be viewed 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 natural person.
7.3.5. Retention period of personal data
Personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher may be held liable.
After the retention period, 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 current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the premises of the Publisher is also secure.
7.3.7. Data minimization
The Publisher can also collect and process any data voluntarily transmitted by its Customers.
The Publisher guides its Customers so that they provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to keep and process only the data 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. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
7.4.1. Right of information, access and communication of data
The Publisher's Customers have the option of accessing personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by the production of a scan of their valid identity document (in the event of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a written request), both accompanied by the words " I certify on my honor that the copy of this identity document conforms to the original Done at… on… ”, followed by their signature.
To help them in their process, Customers will find here a letter template developed by the Cnil.
7.4.2. Right of rectification, deletion and right to be forgotten
The Publisher's Clients have the possibility of requesting the rectification, updating, blocking or even erasure of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete if necessary.
/ p>
The Publisher's Customers can also define general and specific guidelines relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their relative be taken into account and / or to make the necessary updates.
To help them in their process, Customers will find here a letter template developed by the Cnil.
7.4.3. Right to object to data processing
The Publisher's Customers have the option of objecting to the processing of their personal data.
To help them in their process, Customers will find here a letter template developed by the Cnil.
7.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
7.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be kept and no longer used by the Publisher.
7.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other request for additional 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 can submit a complaint or request to 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 providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield. unien.
The Publisher uses the following subcontractors:
| Partner | Quality | Country of destination | Treatment carried out | Guarantees |
75.2. Transfer on requisition or court order
Customers also consent to the Publisher communicating the data collected to any person, upon request from a state authority or by judicial decision.
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 activity by another company, the Clients agree that the data collected is transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Terms of Service instead of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of Site Content
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or of his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to to give rise to legal proceedings for infringement.
8.2. Contractual protection of Site Content
The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by copyright. intellectual property, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
8.3. Protection of general conditions
The general conditions of the Site, drawn up by the firm Deshoulières Avocats Associés ( www.deshoulieres-avocats.com ), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable law
These general conditions are subject to the application of French law.
9.2. Modifications of these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
9.3. Litigation
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of these general conditions and for which the solution could not be found beforehand amicably between the parties must be submitted.
In addition, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main /?event=main.home2.show
Since January 1, 2016, mediation is compulsory for everyone.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 he is selling remotely or in a physical store (Source: FEVAD)
FEVAD / www.fevad.com
9.4. Whole
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
9.5. Non-waiver
The lack of exercise by the Publisher of the rights granted to it by these presents can in no way be interpreted as a waiver of the assertion of said rights.
9.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to canvassing by telephone at the address http://www.bloctel.gouv.fr/ .
9.7. Languages of these general conditions
These general conditions are offered in French.
9.8. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
General conditions of sale of the website dream-machine.tech
applicable from 25/10/2021
ARTICLE 1. PARTIES
These general conditions are applicable between Dream Machine Technology , SARL , share capital: 1000 €, registered with the RCS of PARIS
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, under private or public law, registered on the Site.
" Site Content" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": Dream Machine Technology , SARL taken in its capacity as publisher of the Site.
" Internet user ": any person, natural or legal, under private or public law, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL dream-machine.tech , as well as the related sub-sites, mirror sites, portals and URL variations .
ARTICLE 3. SCOPE OF APPLICATION
The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator. they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Command
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Confirmation of the order by the Internet user
By consulting their basket, Internet users will be able to verify the number and the nature of the Products they have chosen and will be able to verify their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have one, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface bearing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summary of the order and confirming the processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by The Publisher. The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can make his payment by To be informed [paymentGateways] .
In the context of payments by bank card, the Publisher has no access to any data relating to the Client's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher
6.3. Billing
The Publisher will send or make available to the Client an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any sum not paid on the due date will give rise, as of right and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payability of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs of an amount of 40 euros, the immediate payability of all sums remaining due regardless of the agreed deadlines, increased by compensation of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is accessible from Monday to Friday from 10 to 12 at the following non-surcharged telephone number: 0662604163 , by email to: contact@dream-machine.tech or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 7 working days .
ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is a prerequisite for any order from 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 personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal area. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer agrees to carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.
8.2. Content of personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence by a court. They are for informational purposes only, intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or by regulations in force
8.3. Removal of personal space
The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of a Client will have been inactive for at least one year. Said deletion will not be liable to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts have justified it.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers.
9.1. Identity of the controller
The person responsible for the collection and the data processed on the Site is the Publisher.
9.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com , 01 77 62 82 03, www.deshoulieres-lawyers .com "always taking care to create a hypertext link on the URL of our site
9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, Name and first name, Telephone, 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:
- To initiate legal proceedings;
- Verify the identity of Customers;
9.3.3. Legal bases of the processing
The data collected has a contractual relationship as a legal basis.
9.3.4. Data recipients
The data collected can only be viewed 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 natural person.
9.3.5. Retention period of 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.
After the retention period, 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 current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the premises of the Publisher is also secure.
9.3.7. Data minimization
The Publisher can also collect and process any data voluntarily transmitted by its Customers.
The Publisher guides its Customers so that they provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to keep and process only the data 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. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right of information, access and communication of data
The Publisher's Customers have the option of accessing their personal data.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by the production of a scan of their valid identity document (in the event of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a written request), both accompanied by the words " I certify on my honor that the copy of this identity document corresponds to the original. Done at… on… ”, followed by their signature.
To help them in their process, Customers will find here a letter template developed by the Cnil.
9.4.2. Right of rectification, deletion and right to be forgotten
The Publisher's Clients have the possibility of requesting the rectification, updating, blocking or even erasure of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete if necessary.
/ p>
The Publisher's Customers can also define general and specific guidelines relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their relative be taken into account and / or to make the necessary updates.
To help them in their process, Customers will find here a letter template developed by the Cnil.
9.4.3. Right to object to data processing
The Publisher's Customers have the possibility to object to the processing of their personal data.
To help them in their process, Customers will find here a letter template developed by the Cnil.
9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be kept and no longer used by the Publisher.
9.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other request for additional 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 can submit a complaint or request to 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 its Customers' data. These service providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield. unien.
The Publisher uses the following subcontractors:
| Partner | Quality | Country of destination | Treatment carried out | Guarantees |
9.5.2. Transfer on requisition or court order
Customers also consent to the Publisher communicating the data collected to any person, upon request from a state authority or by judicial decision.
9.5.3. 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 activity by another company, the Clients agree that the data collected is transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Terms of Service instead of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the care and diligence necessary to provide quality Products in accordance with the specifications of these General Conditions. The Publisher responds only to an obligation of means concerning the services covered by these.
10.2. Force majeure - Customer's fault
The Publisher will not be held liable in the event of force majeure or fault on the part of the Client, as defined in this article:
10.2.1. Force majeure
Within the meaning of these general conditions, will be considered as a case of force majeure opposable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations bandwidth, breach attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, '' a security breach attributable to the host of the Site or to the developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Publisher. In such circumstances, the Publisher will be released from the performance of its obligations within the limits of this impediment, limitation or inconvenience.
10.2.2. Client's fault
Within the meaning of these General Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of his agents, non-compliance with the advice given. by the Publisher on its Site, any disclosure or unlawful use of the Client's password, codes and references, as well as the provision of erroneous information or the lack of updating of such information in its personal space.The implementation of any technical process, such as robots, or automatic requests, the implementation of which would violate the letter or the spirit of these general conditions of sale will also be considered as a fault of the Customer. >
10.3. Technical problems - Hypertext links
In the event that it is impossible to access the Site, due to technical problems of all kinds, the Customer may not claim any damage and may not claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more online services, cannot constitute a prejudice for the Customers and cannot give rise in any way to the award of damages from The Editor.
The hypertext links on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the laws in force. Likewise, the Publisher cannot be held liable if the visit by the Internet user to one of these sites causes him harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, in particular in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality according to the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences cannot under any circumstances be attributed to the Publisher, who cannot under any circumstances be held liable for this fact.
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 damage suffered by the Customer and linked to the failure in question. The Publisher can in no way be held liable for indirect damages such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and loss of profits or of customers. Likewise and within the same limits, the amount of damages charged to the Publisher may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and contents of the Site
The Contents of the Site are published for information only, without guarantee of accuracy. The Publisher can in no way be held responsible for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or of his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to to give rise to legal proceedings for infringement.
11.2. Contractual protection of Site Content
The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by copyright. intellectual property, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12.FINAL STIPULATIONS
121. Applicable law
These general conditions are subject to the application of French law.
12.2. Modifications of these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
12.3. Litigation
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of these general conditions and for which the solution could not be found beforehand amicably between the parties must be submitted.
In addition, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main /?event=main.home2.show
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether he is selling remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
12.4. Whole
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
12.5. Non-waiver
The lack of exercise by the Publisher of the rights granted to it by these presents can in no way be interpreted as a waiver of the assertion of said rights.
12.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to canvassing by telephone at the address http://www.bloctel.gouv.fr/. < / p>
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
PRIVACY POLICY dream-machine.tech
Last updated on 25/10/2021 .
PREAMBLE
This privacy policy informs you about how Dream Machine Technology uses and protects the information you provide to us when you use this site accessible 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 its update will be clearly identified at the top of this policy. These changes are binding on the user once they have been informed of the update of the updated privacy policy, and have accepted it.
ARTICLE 1.PARTIES
This confidentiality policy is applicable between the publisher of the Site, hereinafter " the Publisher ", and any person connecting to the Site, hereinafter " 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 taken 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 the related sub-sites, mirror sites, portals and URL variations .
ARTICLE 3. SCOPE
This privacy policy is applicable to all Users. Clicking on "I accept" when registering on the Site will imply your full acceptance thereof. Likewise, clicking on "I accept" in the information banner relating to cookies displayed on the Site confirms your acceptance, while allowing you to customize the cookies that will or will not be applied to you. By the same token, you acknowledge that you have taken full cognizance of them and accept them without restriction.
The User recognizes the evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
The acceptance of this privacy policy assumes that Users have the necessary legal capacity for this or that they are at least 16 years old, or failing that they have the authorization. a tutor or curator if they are incapable, their legal representative if they are under 16, or even have a mandate if they are acting on behalf of a person moral.
ARTICLE 4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016 and the national legislation in force, the Publisher provides you with the following information:
4.1. Identity of the controller
The person responsible for the collection and the data processed on the Site is Dream Machine Technology , SARL , whose head office is located 27 Rue de Fontarabie, 75020 Paris , FR 881 351 316 RCS PARIS .
4.2. Data collection by the Editor
4.2.1. Data collected
4.2.1.1 Data collected while browsing the Site
When browsing the Site, you agree that the Publisher collects information relating to: the content you view and click on; demographic data; the device used and its software environment; your location; your connection data (timetables, IP address, etc.).
4.2.1.2. Data collected when using the contact form or the contact email address
The use of the contact form or the contact email address by the User supposes the collection by the Editor of the following personal data: name, first name, e-mail address *, telephone number.
Personal data followed by an asterisk are required 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 during registration on the
SiteThe use of the registration form by the User implies the collection by the Publisher of the following personal data: name *, first name *, postal address *, email address *, date of birth, telephone number.
Personal data followed by an asterisk are required 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
As part of the use of the newsletter form, the Publisher may need to collect and process: your email address.
4.2.2. Purposes of the collection of personal data
The data collected during browsing is subject to automated processing for the purpose of:
- Check the identity of people;
- Ensure and improve the security of services;
- Develop, operate, improve, provide and manage the Site;
- Contextualize and improve the User experience;
- Send information and contact people, including by e-mail;
- Target advertising content;
- Avoid any illicit or illegal activity;
- Enforce the conditions relating to the 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 people;
- Ensure and improve the security of services;
- Contextualize and improve the User experience;
- Send information and contact people, including by e-mail;
- Target advertising content;
- Avoid any illicit or illegal activity.
The data collected during registration is subject to automated processing for the purpose of:
- Execute its contractual commitments;
- Check the identity of people;
- Ensure and improve the security of services;
- Develop, operate, improve, provide and manage the Site;
- Contextualize and improve the User experience;
- Send information and contact people, including by e-mail;
- Avoid any illicit or illegal activity;
- Enforce the conditions relating to the 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 data collected during browsing has as a legal basis the legitimate interest of the Publisher, namely to carry out an analysis of behavior on the Site and to obtain improved security and operation of the Site. Some of this data, such as that resulting from the implementation of certain cookies, may have the consent of individuals as a legal basis.
The data collected when using the contact form or using the contact email address is legally based on the consent of the data subjects.
The data collected during registration has a contractual relationship as a legal basis.
The data collected when using the newsletter form is legally based on the consent of the persons concerned
4.2.4. Data recipients
The data collected can only be viewed by members of the Editor's management, by the staff in charge of preparing your order as well as by the staff responsible for managing the Site, and are never made freely viewable. by a third natural person.
4.2.5. Retention period of personal data
Personal data collected during browsing is kept for a reasonable period of time 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 is 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 data subjects is withdrawn.
At the end of each of these deadlines, the Publisher will archive this data and keep it for the time during which its liability may be called into question.
After this retention period, 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 current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
4.2.7. Minimization of personal data
The Publisher can also collect and process any data voluntarily transmitted by a User, in particular via the free field of the contact form.
The Editor guides Users as much as possible when they provide unnecessary or unnecessary 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 regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: contact@dream-machine.tech . < / p>
4.3.1. Right of information, access and communication of data
You have the option of accessing your personal data.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, 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 event of an email request) or a signed photocopy of your valid identity document (in the event of a written request), both accompanied by the words "I certify on the honor that the copy of this identity document corresponds to the original. Done at… on… ”followed by your signature.
To help you in your process, you will find here a letter template developed by the Cnil.
4.3.2.Right of rectification, deletion and right to be forgotten
You have the option of requesting the rectification, updating, blocking or even erasure of your personal data which may prove to be inaccurate, erroneous, incomplete or obsolete, if necessary
You can also define general and specific guidelines relating to the fate of personal data after your death. If necessary, the heirs of a deceased person may demand that the death of their relative be taken into account and / or to make the necessary updates.
To help you in your process, you will find here a letter template developed by the Cnil.
4.3.3. Right to object to data processing
You have the possibility to object to the processing of your personal data.
To do so, you should send an email to the following address: contact@dream-machine.tech . In this email, 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 prospecting.
4.3.4. Right to data portability
You have the right to receive the personal data you have provided to us in a transferable, open and readable format.
4.3.5. Right to restriction of processing
You have the right to request that the processing of your personal data by the Publisher be restricted. Thus, your data can only be kept and no longer used by the Publisher.
4.3.6. Withdrawal of consent
Your consent is essential for the processing of your data by the Publisher. However, you can withdraw it at any time. This withdrawal will lead to the deletion of your personal data.
The services requiring the processing of your data by the Publisher will nevertheless no longer be accessible.
4.3.7. Response times
The Publisher undertakes to respond to your request for access, rectification or opposition or any other request for additional information within a reasonable period of time which may not exceed 1 month from receipt of your request. .
4.3.8. Complaint to the competent authority
If you consider that the Publisher is not respecting its obligations with regard to your personal information, you can address a complaint or request to 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 Publisher informs you that we use 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 communicate the data collected on the Site.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US PrivacyShield .
The User consents to the data collected being sent by the Publisher to its partners and being processed by these partners as part of third-party services, namely:
No known partner at the moment.
4.4.2.Transfer on requisition or court order
The User also consents to the Publisher communicating the data collected to any person, upon request from a state authority or by judicial decision
4.4.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the User consents to this that the data collected be transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in this privacy policy instead of the Publisher.
ARTICLE 5. POLICY RELATING TO TRACERS / COOKIES
When you first connect to the Publisher's Site, you are warned by a banner at the bottom of your screen that information relating to your browsing may be saved in files called "cookies". Our cookie policy allows you to better understand the provisions we implement in terms of navigation on our Site. It informs you in particular about all the cookies present on our Site, their purpose, and gives you the procedure to follow to configure them.
5.1. Use of trackers / cookies
The Publisher of this Site may proceed to the installation of a cookie and other tracker on the hard drive of your terminal (computer, tablet, mobile, etc.) in order to guarantee you a smooth and optimal navigation on our website.
"Cookies" (or cookies) are small text files of limited size which allow us to recognize your computer, tablet or mobile in order to personalize the services we offer you.
To better inform you about the information that cookies identify, you will find a table below listing the different types of cookies that may be used on the Publisher's site, their name, their purpose and their duration. conservation.
5.2. Purposes of
trackersWith the help of the information contained in the tracers and cookies used, the Editor can analyze the frequentation and the use made of the Site and, if necessary, facilitate and improve navigation, carry out prospecting operations, develop business statistics or display targeted advertisements.
5.3. Trackers used
| Partner | Purpose of processing | Partner conditions |
| Shopify | Access to secure areas, management of browsing history | https://www.shopify.com/legal/cookies |
5.4. Configuration of your preferences on
cookiesWhen you first log on to the Publisher's Site, a banner briefly presenting information relating to the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice as to which cookies you accept or refuse to store on your terminal. You will be deemed to have given your consent to the placement 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. Once again, this choice may relate to all cookies, or to some of them only. In the absence of a choice, you will be deemed to have refused the deposit of cookies.Your decision will be recorded for 6 months and may be subject to modification at any time
5.4.1 Cookies exempt from consent
In accordance with the recommendations of the Commission Nationale de l'Informatique et des Libertés (Cnil), certain cookies are exempt from the prior collection of your consent to the extent that they are strictly necessary for the operation of the website or have the sole purpose of allow or facilitate communication by electronic means. These include session ID, authentication, load balancing session cookies as well as cookies for customizing your interface. These cookies are fully subject to this policy insofar as they are issued and managed by the Publisher.
5.4.2 Cookies requiring the prior collection of your consent
This requirement concerns cookies issued by third parties and which are qualified as "persistent" insofar as they remain on your terminal until their deletion or their expiration date.
As such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This cookie family includes audience measurement cookies, advertising cookies as well as social network sharing cookies (such as Facebook, Twitter, Youtube and Instagram).
Audience measurement cookies establish statistics concerning the attendance and 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 shelf life of tracers
The plotters are intended to be stored on the User's computer workstation for a period of up to 12 months. These data are kept in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
5.6. Opposition to the use of
trackers5.6.1. Faculty of opposition to the use of tracers
You can accept or refuse the deposit of cookies at any time.
The User can delete or deactivate the use of tracers whenever he wishes by modifying the settings of his browser. It is possible to consult the Site without tracers. However, some additional functions of the Site may not work if the User has disabled the use of plotters, such as the autocompletion of forms or navigation indicators.
5.6.2. Settings
For more information on tools for controlling cookies, you can consult here the dedicated page on the Cnil website.
5.6.2.1. Browser settings
Each Internet browser offers its own settings for managing cookies. The User can configure his browser software so that cookies are rejected, either systematically or according to their issuer. The User can also configure his browser software so that his acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be saved on his terminal.
For the management of cookies and User choices, the configuration of each browser is different.It is described in the browser's help menu, which will allow you to know how to change your cookie preferences:
5.6.2.2. Settings using additional modules
The User can also delete or oppose the installation of cookies on his workstation by installing an extension on his browser, such as Ghostery, to be downloaded here .
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. Legal protection of Site Content
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or of his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to to give rise to legal proceedings for infringement
6.2. Contractual protection of Site Content
The User contractually agrees with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by copyright. intellectual property, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 7. FINAL STIPULATIONS
7.1. Changes
This Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in effect when connecting to the Site. Any substantial modification of this privacy policy will be the subject of information when the User logs in for the first time following their entry into force. This new privacy policy will then have to be accepted again.
7.2. Whole
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
7.3. Non-waiver
The absence of exercise by the Publisher of the rights which are recognized to him by the present can in no case be interpreted as a waiver of the assertion of said rights.
7.4. Languages
These conditions are offered in French.
7.5. Unfair terms
The stipulations of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
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. Litigation
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of these general conditions and for which the solution could not be found beforehand amicably between the parties must be submitted.
Since January 1, 2016, mediation is compulsory 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 he is selling at a distance or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
Shipping policy dream-machine.tech
applicable from 25/10/2021
ARTICLE 1. SUBJECT
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
This 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 , head office: 27 Rue de Fontarabie, 75020 Paris, FR , phone: +33662604163 , email: contact@dream-machine.tech , intra-community VAT number: FR24881351316 , ci -after “the Publisher” and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 3. DEFINITIONS
" Client ": any person, natural or legal, under private or public law, registered on the Site.
" Site Content" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": Dream Machine Technology , SARL taken in its capacity as publisher of the Site.
" Internet user ": any person, natural or legal, under private or public law, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL dream-machine.tech , as well as the related sub-sites, mirror sites, portals and URL variations .
ARTICLE 4. SCOPE
The Site is free and open to all Internet users. Browsing the Site assumes acceptance by all Internet users of this shipping policy. The simple connection to the Site, by any means whatsoever, in particular through a robot or a browser, will imply full acceptance of this shipping policy. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
This shipping policy is applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of this shipping policy assumes on the part of Internet users that they enjoy the necessary legal capacity for this, or failing that they have the authorization of a tutor or a curator if they are incapable, of their legal representative if they are minors, or if they are holders of a mandate if they are acting on behalf of a legal person.
ARTICLE 5. DELIVERY
5.1.Shipping costs
The delivery or provision costs will, in any event, be indicated to the Customer before any payment and only concern deliveries made in mainland France, Corsica included.For any other place of delivery, it will be up to the Customer to take contact with customer service.
In the event that the Product is delivered to the Customer in a store or in a partner location of the Publisher, the related costs are specified to the Customer at the time of the order.
The delivery costs indicated on the Site are in euros, all taxes included.
5.2. Delivery time
Orders are delivered by La Poste, DPD, Chronopost, Mondial Relay, Geodis, DHL, Fedex, UPS, EMS within 7 working days after the perfect collection of the price by the Publisher.
Certain products or certain order volumes may nevertheless justify a delivery time greater than 7 working days. This will be expressly mentioned to the attention of the Customer when confirming the order.
5.3. Parcel damaged
In the event of delivery of a clearly and visibly damaged package, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
5.4. Retention of title - transfer of risks
Ownership of the Products delivered 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 this clause.
The Customer bears the risks relating to the Products from the time of the order. Throughout the retention of title, the Customer must insure the Products belonging to the Publisher at his own expense against any damage that may arise and justify it to the Publisher on first request.
ARTICLE 6. FINAL STIPULATIONS
6.1. Applicable law
This shipping policy is subject to the application of French law.
6.2. Changes to this
shipping policyThis 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 their order or of their connection to this Site, any new connection to the personal area implying acceptance, if applicable, of the new shipping policy.
6.3. Litigation
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer Client which could arise within the framework of the execution of these general conditions and for which the solution could not be found beforehand. amicable agreement between the parties shall be submitted.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/ main /? event = main.home2.show
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether he is selling remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
6.4.Whole
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope In such a case, the parties shall, to the extent of the possible to replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object hereof.
6.5. Non-waiver
The lack of exercise by the Publisher of the rights granted to it by these presents can in no way be interpreted as a waiver of the assertion of said rights.
6.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to canvassing by telephone at the 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 Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
Refund policy of the website dream-machine.tech
applicable from 25/10/2021
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 , head office: 27 Rue de Fontarabie, 75020 Paris, FR , phone: +33662604163 , email: contact@dream-machine.tech , intra-community VAT number: FR24881351316 , ci- after "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, under private or public law, registered on the Site.
" Site Content" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": Dream Machine Technology , SARL taken in its capacity as publisher of the Site.
" Internet user ": any person, natural or legal, under private or public law, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL dream-machine.tech , as well as the related sub-sites, mirror sites, portals and URL variations .
ARTICLE 3. SCOPE
The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user.The Internet user recognizes the evidential value of the publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute
These general conditions apply to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator. they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. STEPS OF THE ORDER
5.1. Command
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Confirmation of the order by the Internet user
By consulting their basket, Internet users will be able to verify the number and the nature of the Products they have chosen and will be able to verify their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have one, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface bearing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Editor
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summary of the order and confirming the processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by The Publisher. The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can make his payment by To be informed [paymentGateways] .
In the context of payments by bank card, the Publisher has no access to any data relating to the Client's means of payment. Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher.
6.3.Invoicing
The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any sum not paid on the due date will give rise, as of right and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payability of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs of an amount of 40 euros, the immediate payability of all sums remaining due regardless of the agreed deadlines, increased by compensation of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE
7.1. Customer service
The Site's customer service is accessible from Monday to Friday from 10 to 12 at the following non-surcharged telephone number: 0662604163 , by email to: contact@dream-machine.tech or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 7 working days .
7.2. Right of withdrawal - Distance selling
This article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Code of consumption.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of, where applicable, return costs.
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and / or the provision of digital content not provided on a material medium, either from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces, the delivery of which is spread over a defined period, the period starts from of the receipt of the last good or lot or the last document. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in article 1 of these general conditions by means of an unambiguous declaration The Customer has, for example, the possibility of using the form -type provided at the end of these general conditions. In any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer the reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, at the earliest of the two events. Beyond that, the amount due is, as of right, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the professional makes the refund using the same means of payment as that used by the Client for the initial transaction, except with the express agreement of the Client for the use of another means of payment and to the extent where the reimbursement does not incur costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of 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 responsibility of the Customer is only engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this 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 general conditions.
7.2.3.Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after the Customer's prior express consent and express waiver of his right of withdrawal;
- supply of goods made to the Customer's specifications or clearly personalized;
- the supply of goods liable to deteriorate or expire rapidly;
- for 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;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- 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 to these publications;
- concluded at a public auction;
- provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period ;
- for the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the Customer and express waiver of his right of withdrawal
Likewise, the right of withdrawal does not apply to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When confirming the order for a service, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my right of withdrawal 14 days for the services from which I would benefit before the expiry of this period ”. The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
The Customer who has exercised his right of withdrawal from a contract for the provision of services the performance of which has begun, at his express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided until upon communication of its decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3. Resolution of the contract on the initiative of the Client
The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him when ordering.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Client undertakes not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.
7.4. Guarantees
7.4.1.Guarantee of visible defects and defects
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This verification must relate in particular to 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 packages delivered will only be taken into account if the Customer acting as a trader has expressed reservations with the carrier in accordance with articles L. 133-3 et seq. Of the French Commercial Code
7.4.2. Guarantee against hidden defects
7.4.2.1. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. Of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code).
7.4.2.2. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 2 years from the date of delivery of the Product.
7.4.2.3. Return
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair, exchange, or reimbursement .
In any event, the Customer is requested to follow precisely the Publisher's instructions relating to the return of the Products.
The cost of returning the Product remains the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of articles L. 217-4 and s. of the Consumer Code.
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The consumer Client has a period of 2 years from the delivery of the goods to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Client decides to implement the guarantee against hidden defects, he can choose between the resolution of the sale or a reduction of the sale price. |
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Modifications of these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
8.3. Litigation
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer Client which could arise within the framework of the execution of these general conditions and for which the solution could not be found beforehand. amicable agreement between the parties will have to be submitted.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://eceuropa.eu/consumers/odr/main/ ? event = main.home2.show .
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether he is selling remotely or in a physical store (Source: FEVAD).
FEVAD / www.fevad.com
8.4. Whole
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
8.5. Non-waiver
The lack of exercise by the Publisher of the rights granted to it by these presents can in no way be interpreted as a waiver of the assertion of said rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to canvassing by telephone at the address http://www.bloctel.gouv.fr/ .
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
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