Terms of Sale and Use

Field of application

These conditions apply to all uses of the HOBBY4GEEK.COM Site by natural or legal persons, adults and/or legally capable.

This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No particular condition can, except formal exception written and signed by the Customer and the Seller prevail against the present General Conditions of Sale and Use. If one of the clauses of these general conditions of sale is null or void, the other clauses will not be canceled.

Any use of the Site implies that the User has read the general conditions and that he adheres to these same conditions. Prior to the validation of any order, the User must acknowledge having read the General Conditions of Sale and Use (CGVU) and accept them. For this purpose, no handwritten signature will be required. In any case, the GTCSU are accessible at any time from the Site. The Seller reserves the right to make changes to these so as to adapt them to the terms of sale and operation of the Site and a Product.

Lexicon

Any natural or legal person who has a personal account on the Site.

Designation of the HOBBY4GEEK.COM sales platform.

Professional, supplier of products or services intended for sale on the Site.

Any property offered for sale on the Site and contained in the catalog.

Anyone who visits the Site and/or requests the creation of a personal account.

Company and Site Identification

The company (SASU) HOBBY4GEEK is domiciled at 6 RUE D’ENTRAIGUES, 37000 TOURS (FRANCE).

The company can be reached:

By e-mail to the following address: support@hobby4geek.com

By mail to the following address: 6 RUE D’ENTRAIGUES, 37000 TOURS (FRANCE)

The HOBBY4GEEK.COM Website is published by HOBBY4GEEK and is hosted by IONOS.

Object

The Seller carries out a distance selling activity on a general catalogue, mainly figurines, statues, models, etc…

The Seller is in no way required to manufacture the products and only carries out a resale activity. Thus, as part of its activity, the Seller is required to call on external professionals for the production, packaging and preservation of the products, which the Customer acknowledges and accepts.

As part of the performance of its services, the Service Provider may call on external professionals, which the Client accepts and acknowledges.

Prices

The prices are freely set by the Seller. The prices charged are those in force on the day of the order and communicated by the Seller. Any additional costs or increases may apply in the event of specificity due to the nature of the Product, or due to the Customer’s requirements, delivery methods or other.

In any case, the total amount is indicated to the Customer prior to the validation of his order and his payment. Otherwise, any increases that may be applied will be expressly specified to the Customer. The prices are in euros and are indicated inclusive of all taxes (TTC).

A deposit may be required by the Seller, the amount and terms of payment of which will be expressly specified to the Customer prior to the validation of his order. In the absence of payment of said deposit, the Seller reserves the right not to perform its obligations relating to the order.

No reminder is required for the application of late payment penalties which automatically run from the 1st day of late payment. The amount of the penalties results from the application to the sums remaining due of three times the legal interest rate in force at the time of the incident. In addition, a lump sum compensation for recovery costs of 40 euros will apply under Article D 441-5 of the Commercial Code.

Payment terms

The Customer selects his mode of payment at the end of his order and has the possibility of paying by:

• Pay later / 3 times payment (by Klarna)
• Credit card / Debit card (by Stripe)
• Paypal account / Credit cards (by PayPal)
• Instant bank payment (by Fintecture)
• Bank Transfer (by Wise)
• ApplePay
• GooglePay
• Bancontact
• EPS 
• Giropay
• iDEAL
• Sofort
• Przelewy24 (P24)

Provisions relating to Products and Orders

Products

The Products are those which appear on the Seller’s list or catalog or those offered by the latter to the Customer according to his request and his needs.

Purchases and orders

Any purchase or order of one or more Product(s) by a Customer may be the subject of a personalized quote and on request.

Any request must be made by the Customer:

• Via the website

The estimate, valid for 1 month, will be drawn up with regard to the Customer’s request and will give precise details of the description of the Product(s), any design and delivery times, the quantities desired, the unit and total price and any additional charges may apply. It must imperatively be signed and accepted by the Customer prior to the validation of an order.

The Seller offers the possibility of making pre-orders prior to any start of marketing of a Product or in the event of temporary unavailability or out of stock of one or more possible references. The Customer will have all the information relating to the Product(s) and an expected delivery date. Any delay will be notified to him without delay.

Delivery

The delivery takes place in accordance with what will have been indicated and/or selected by the Customer at the time of his order.

The Seller will communicate all the information relating to the follow-up of the delivery as soon as the order is dispatched. The order will be notified to the Customer by e-mail or telephone or SMS.

Cancellations, Returns and Product Warranty

The Customer does not have the possibility of returning the order at the end of his order, However, the Customer has the possibility of making a request to the seller, he may refuse, propose a return or alternative solution.

In terms of Product guarantees, the legal and regulatory provisions, French and European, relating to sales to individuals on the one hand and those applicable to sales between professionals for any order or purchase made by a professional or a legal person on the other part are applicable.

Right and period of withdrawal

In accordance with the provisions of the Consumer Code, the individual Customer has a period of fourteen days to exercise his right of withdrawal from the conclusion of a contract concluded at a distance. This right also applies to Products on sale, second-hand or in destocking. The right of withdrawal will only apply on the condition that the Customer has not made use of the Products ordered. Any Product unpacked, damaged, used by the Customer cannot be the subject of a right of withdrawal on his part. The use of the right of withdrawal after the dispatch of the ordered Product(s) will require the Seller to return the order to the sender, the costs of which will be borne by the Customer. The same applies to shipping costs if the order has already been shipped and/or received.

To exercise his right of withdrawal, the individual Customer will send, before the expiry of the fourteen-day period, a written declaration by post or electronically to the contact details provided above in these T&Cs.

The Seller makes available to its Customers a model withdrawal form drafted as follows:

“To the attention of HOBBY4GEEK,

Ordered on / received on: XXX

Consumer Name: XXX

Consumer’s address: XXX

Date: XXX

Signature of the consumer: XXX »

The Seller will make the refund within 14 days from the day on which the order has been successfully returned or from the day on which the order has been canceled before the Products have been dispatched by the Seller. The refund will be made by the same means as that used by the Customer for the initial transaction.

The business or company Client, given his status as an informed professional, has no right of withdrawal.

Responsibility

The Seller’s liability is in no way based on the direct or indirect consequences, whether on persons or property, of a malfunction of a product sold subject to the legal provisions of public order. The Seller’s liability is strictly limited to the amounts of the Products sold. Its responsibility can in no case be engaged in the event of non-compliance by the Customer with the obligations of these GCS. Nor can liability be incurred in the event of misuse of the Product(s) purchased, any modification made to the functionalities or destination relating to the Product(s) and for any cause foreign to the Seller. Any delay in the delivery of the order for a cause that is external to the Seller and independent of the Seller’s will can in no way be blamed on it.

For any action taken by the Customer against the Seller as a result of the manufacture of the Product(s), their packaging and storage (with the exception of those kept by the Seller), an intervention or a call from warranty from the manufacturer(s), supplier(s) or otherwise will be fulfilled.

Intellectual property

In accordance with article L122-4 of the Intellectual Property Code, “any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process whatsoever”. The Customer only has the right to use and modify the Products of the Product(s).

Failure to comply with these provisions exposes its author to legal proceedings.

Protection of personal data

In accordance with Law No. 78-17 of January 6, 1978 and the provisions of General Data Protection Regulation (GDPR) No. 2016/679, the Customer has the right to query, access, modify , opposition and rectification of his personal data by contacting the Seller:

By e-mail to the following address: support@hobby4geek.com

By mail to the following address: 6 RUE D’ENTRAIGUES, 37000 TOURS (FRANCE)

Major force

The responsibility of the Seller cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure within the meaning of the article 1218 of the Civil Code.

Applicable law and competent jurisdiction

These general conditions are subject to French law. French law and the French courts are competent in the event of a dispute or litigation between the Parties.

Terms and Conditions of Use of the Site

The users

Any User undertakes to make appropriate use of the Site, to provide truthful data on its structure, its contact details and on all the information communicated on the occasion of its application for registration.

Customers

Each Customer undertakes to keep their data up to date each time they use them on the Site. It also undertakes not to commit illicit or illegal activities, not to disseminate content or propaganda contrary to morality, good faith and public order.

Registration modalities

Each User must provide the information requested by the Site for any creation of an account, namely:

• Name
• First name
• Date of birth
• Address
• E-mail address
• Phone number
• Company name (business user)
• VAT number (business user)

The User will create a personal and unique password on this occasion. The Customer must accept these general conditions of sale and use, which can be downloaded at any time. Upon validation of the creation of the account, a confirmation e-mail will be sent to the address provided on this occasion.

Order process

Any order is subject to the creation of a personal account or a connection to the existing one, as the case may be. The Customer will have all the information relating to the Products, their description, and their reference, and this, before any validation of the order. The ordering process is as follows:

• Selection of a Product available on the Site and desired by the Customer and addition of the product(s) to their online basket,
• At the end of the selection and before any order validation, the Customer has access to his basket and to the summary of the desired Products, the unit amount of each item, any delivery costs and the total amount. It has the ability to add or remove items.
• The Customer then fills in the information relating to the delivery of his order and then selects the desired method of payment.
• The order is validated once the payment has been accepted. The Customer then receives all the information relating to the confirmation of his order.

The Customer has all the legal information which can be found in the general conditions of sale and use (which can be consulted or downloaded at any time) on the one hand and in the confirmation e-mail from command (printable at any time) on the other hand.

Responsibility for the Use of the Site

The Site cannot be held liable for damages and harm of any kind whatsoever, which could lead to errors or omissions in the content, a lack of availability of the Site or the transmission of viruses, malicious or harmful programs, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all responsibility for the possible consequences of the connection of a User to the Site by an unsecured and/or faulty internet network.

Annex

Article L217-5 of the Consumer Code:

“The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. »

Article L127-6 of the Consumer Code:

“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them. »

Article L127-7 of the Consumer Code:

“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »

Article L127-8 of the Consumer Code:

“The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »

Article L127-9 of the Consumer Code:

“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »

Article L127-10 of the Consumer Code:

“If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »

Article L127-11 of the Consumer Code:

“The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages”.

Article L127-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article L127-13 of the Consumer Code:

“The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. »

Article L127-14 of the Consumer Code:

“The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code. »

Article L127-15 of the Consumer Code:

“The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the goods or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the product. thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5,

Agreement

Between

The company SASU HOBBY4GEEK, located at 6 RUE D’ENTRAIGUES, 37000 TOURS, registered with the RCS of TOURS under number B 948 872 114, whose SIRET number is 94887211400012.

Hereinafter referred to as the “Client”,

On the other hand,

Together referred to as “The Parties”,

IT HAS BEEN AGREED AS FOLLOWS

As a preliminary

The Seller carries out a distance selling activity on a general catalog, mainly figurines, statues, models, etc…

Object

The purpose of this Contract is to define the conditions and procedures for the production, sale and delivery of the Seller’s Products to the Customer.

The Seller may call on outside professionals, which the Customer accepts and acknowledges.

The Parties agree to the Sale of the following references according to the prices defined below:

[LIST PRODUCTS / REFERENCES / QUANTITIES / UNIT AND / OR TOTAL RATE]

Terms of orders

Any request can be made by the Customer:

• Via the website

The order will be shipped by the Seller to the address previously communicated by the Customer, within 1 to 5 days from the validated order form for a product in stock.

The Customer has the option of returning the order partially or totally:

• No return possible

The Customer then has a period of 1 working day from receipt of the order to request a return.

Returns are the responsibility of the Customer and must be made within 1 working day.

In terms of Product guarantees, the legal and regulatory provisions, French and European, relating to sales to individuals are applicable.

Terms of payment

In return for the Product(s), subject of this Contract, the Customer shall be liable for the sum of [AMOUNT] € excluding tax, i.e. [AMOUNT] € including tax. This amount must be paid upon receipt of the invoice.

Payment must be made by:

• Pay later / 3 times payment (by Klarna)
• Credit card / Debit card (by Stripe)
• Paypal account / Credit cards (by PayPal)
• Instant bank payment (by Fintecture)
• Bank Transfer (by Wise)
• ApplePay
• GooglePay
• Bancontact
• EPS 
• Giropay
• iDEAL
• Sofort
• Przelewy24 (P24)

No discount will be granted in the event of early payment. No reminder is required for the application of late payment penalties which automatically run from the 31st day following the date of the invoice. The amount of the penalties results from the application to the sums remaining due of a legal interest rate in force at the time of the incident. In addition, a lump sum compensation for recovery costs of 40 euros will apply under Article D441-5 of the Commercial Code.

Agreement duration

This contract is concluded for an indefinite period.

Rights, obligations and commitments of the Parties

The Parties undertake to carry out their tasks in accordance with the rules of the art, in the best way and to respect the provisions of this Contract in their entirety.

The Seller undertakes to respect its commitments, to honor the order(s), to respect the deadlines announced and to notify the Customer without delay of any delay or any anomaly noted. The Seller undertakes to ensure optimum quality of its Products. The Seller undertakes its liability for the Products sold to the Customer, within the limits of the applicable legal and regulatory provisions and is limited to the amounts of the Products Sold. On the other hand, the Seller cannot under any circumstances be held liable for any damage or incident likely to occur as a result of use of the Products not in accordance with their use or intended purpose or arising from storage conditions. non-compliant. The Seller’s liability cannot be engaged in the event of modification of the Products by the Customer or by a third party. The Customer’s liability may be called into question if the damage or incident is his fault or in the event of shared responsibility.

For any action taken by the Customer against the Seller as a result of the manufacture of the Product(s), their packaging and storage (with the exception of those kept by the Seller), an intervention or a call from warranty from the manufacturer(s), supplier(s) or otherwise will be fulfilled.

The Customer, for his part, undertakes to proceed to the payment of the order(s) according to the provisions set out above. He undertakes to respect the use and destination of the Product(s) and to inform the Seller of any anomaly or defect observed, without delay.

Intellectual property and exploitation rights

In accordance with article L122-4 of the Intellectual Property Code, “any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process whatsoever”.

The Customer acknowledges having only the right to use and modify the Products delivered by the Seller, its content and all elements, whether visual or audio, texts, layouts, illustrations , photographs, documents as well as all the elements likely to be made available to it under this Contract. The Service Provider retains all copyright and intellectual and industrial property rights relating to the brands, models, designs, photos, catalogs and documentation. Any translation, adaptation, transformation, reproduction, modification without the Seller’s consent is strictly prohibited and exposes its author to prosecution.

Breach of agreement

The termination of the contract may occur, by mutual agreement between the Parties or unilaterally following compliance with a notice period of 6 months from the notification of the desire to terminate this contract. The Party wishing to terminate the contract sends the other a written notification of this wish by post or electronically. Proof of sending and receipt rests with the sender.

Any breach by one of the Parties of its obligations may lead, if the creditor of the unperformed obligation sees fit, to the automatic termination of this contract. Constitutes a breach justifying the termination of this contract, the non-compliance with a commitment or a clause of the latter. The termination will take place following the sending of a formal notice by the creditor, sent by registered letter with acknowledgment of receipt which has remained without effect, without prejudice to any damages.

Finally, in the event of force majeure within the meaning of article 1218 of the Civil Code, the contract ends immediately upon the occurrence of the cause at the origin of the force majeure and this, without damage to the Parties.

Applicable Law and Jurisdiction

This Agreement is subject to French law and falls within the jurisdiction of the French courts.

Done at: [TO BE COMPLETED]

Done on: [TO BE COMPLETED]

Signature of the Seller:

Client’s signature :