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Terms and conditions of sale

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 20/10/2019, under number 881 351 316 RCS PARIS, registered office: 27 Rue de Fontarabie, 75020 Paris, FR, email : [email protected]VAT number: FR24881351316, hereinafter referred to as "the Publisher", and any individual or legal entity, private or public, registered on the Site to purchase a Product, hereinafter referred to as "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 basket. 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 basket, 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 prices indicated on the Site are in euros, all taxes included, excluding delivery costs.

For shipments outside the Euro zone: Dream Machines are shipped from France. Additional charges for local taxes may apply.

6.2. Terms of payment

Customers can pay by credit card, Paypal or Scalapay.

In the case of payment by credit card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.

In the case of payment by 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 can be reached Monday to Friday from 9 a.m. to 5 p.m. 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 taking care to create a hypertext link to 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 will find here a model letter drawn up by the Cnil.

9.4.2. Right to rectify, delete and forget data

The Publisher's customers may request the rectification, updating, blocking or deletion of their personal data, which may be inaccurate, erroneous, incomplete or obsolete.

The Publisher's customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their loved one be taken into account and/or that the necessary updates be made.

To help them in their approach, customers will find here a model letter drawn up by the Cnil.

9.4.3. Right to object to data processing

The Publisher's customers may object to the processing of their personal data.

To help them in their approach, customers will find here a model letter drawn up by the Cnil.

9.4.4. Right to data portability

The Publisher's Customers are entitled to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

9.4.5. Right to restrict processing

The Publisher's customers have the right to request that the processing of their personal data by the Publisher be limited. In this way, their data can only be stored and no longer used by the Publisher.

9.4.6. Response times

The Publisher undertakes to reply to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from receipt of the request.

9.4.7. Complaint to the competent authority

If the Publisher's Customers consider that the Publisher is not complying with its obligations with regard to their personal data, they may lodge a complaint or a request with the competent authority. In France, the competent authority is the Cnil, to which they can send a request here.

9.5. Transfer of collected data

9.5.1. Transfer to partners

The Publisher uses authorized service providers to facilitate the collection and processing of Customer data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.

The Publisher uses the services of the following subcontractors:

 

Partner Quality Destination country Treatment performed
LLDL Logistics France Logistics
 

 

9.5.2. Transfer on requisition or court order

Customers also consent to the Publisher disclosing the data collected to any person upon request by a government authority or court order.

9.5.3. Transfer in connection with a merger or acquisition

If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transferred by the Publisher to that company and to that company carrying out the processing of personal data referred to in these General Terms of Service on behalf of the Publisher.

ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER

10.1. Nature of the Publisher's obligations

The Publisher undertakes to exercise the care and diligence necessary to supply Products of a quality that complies with the specifications of these General Terms and Conditions. The Publisher is only responsible for an obligation of means concerning the services covered by these Terms and Conditions.

10.2. Force majeure - Customer's fault

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

10.2.1. Force majeure

For the purposes of these terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, transmission network failure, collapse of installations, shall be deemed to be a case of force majeure enforceable against the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.

10.2.2. Customer's fault

For the purposes of the present General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or its agents, failure to follow the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer's personal space, shall be deemed to constitute a fault on the part of the Customer. The use of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of the present general terms and conditions of sale, will also be considered as a fault on the part of the Customer.

10.3 Technical problems - Hyperlinks

In the event of unavailability of the Site due to technical problems of any kind, the Customer shall not be entitled to claim any damages or compensation. The unavailability of one or more online services, even for a prolonged period and without any time limit, shall not constitute a prejudice for Customers and shall not in any way give rise to the awarding of damages by the Publisher.

Hypertext links on the Site may lead to other websites. The Editor cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the Editor shall not be held liable if the Internet user's visit to one of these sites causes him/her harm.

In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of color or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. The Publisher cannot be held responsible for these variations and differences under any circumstances.

10.4. Damages payable by the Publisher

In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain prejudice suffered by the Customer and linked to the failure in question. Under no circumstances may the Publisher be held liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Likewise, and within the same limits, the amount of damages for which the Publisher is liable may not in any event exceed the price of the Product ordered.

10.5. Hypertext links and Site content

The Site Content is published for information purposes only, without any guarantee of accuracy. Under no circumstances may the Publisher be held liable for any omission, inaccuracy or error contained in this information, which may be the cause of direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal protection of Site Content

The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for counterfeiting.

11.2. Contractual protection of Site Content

The Internet user contractually undertakes not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not it is protected by an intellectual property right, for any purpose other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site Content for indexing purposes.

ARTICLE 12. 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 informed that he/she may register on the telephone anti-solicitation list at 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.