These Conditions of Sale are current at November 2, 2017
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DEFINITIONS
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These General Terms and Conditions of Sale (hereinafter '' GTC '') are offered by Quentin VIONNET (MA7) (hereinafter "MA7 ''), Personal trader business, registered in the Trade and Companies Register of Vesoul under the number 833 038 425, whose registered office is 39 Avenue Notre Dame, 70170 Port-sur-Saône, France. Its non-premium phone number is 0620418173, its e-mail address is MA7.contact@gmail.com and its number individual intra-community VAT identification VAT not applicable, article 293 B of the CGI.
The company is the owner and publisher of the website https://www.modelisationarchitecture7.com/ (hereinafter “the Site”). The Site is hosted by WIX.COM, a foreign company registered with the RCS, domiciled at 500 Terry A Francois Boulevard, 94158 San Francisco, United States, reachable at +1 415-639-9034.
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The director of the publication is Quentin VIONNET.
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The Site offers the Customer (hereinafter “the Customer”) the possibility of Buying digital items or ordering synthetic images. (Services ''). After validation of the payment, the customer receives on the indicated email address, a download link to obtain the purchased model. The model is compressed in a ZIP file. It contains various digital formats; . Blend, .FBX. And, one or more image files in .Png or .DDS format which serve as texture. The model can be loaded on known 3D software that supports these formats such as Paint.Net, Adobe Photoshop.exe and Blender.org
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Before any use of the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site and to order the services on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the IT configuration of his hardware / equipment is in good condition and does not contain viruses.
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APPLICATION AND OPPOSABILITY OF THE GTC
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The purpose of these T & Cs is to define all the conditions under which the Company markets the services as offered for sale on the Site to Customers. They therefore apply to any Order (`` Order '') for services placed on the Site by the Customer.
The Customer declares to have read and accepted these GTC before placing his Order.
The validation of the Order therefore implies acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date of placing the Order.
Any contrary condition imposed by the Client would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
The fact that the Company does not avail itself at a given time of any provision of these GTCS cannot be interpreted as a waiver of subsequently availing itself of any provision of said GTC.
ORDERING SERVICES ON THE SITE
The Company reserves the right to correct the content of the Site at any time.
The Customer selects the service or services he wishes to purchase, and can access the summary of his Order at any time.
The Order summary presents the list of the service (s) that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the service (s) of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by accepting the GTC, then by clicking on the Order validation icon. The words `` Order with payment obligation '' or a similar formula without any ambiguity appears next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
After validation of his Order and in order to be able to proceed to payment, the Customer enters the contact details to which he wishes to obtain receipt of the service (s), and invoicing if they are different. The process for receiving the service (s) is described in ARTICLE 5 of these T & Cs.
The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, if applicable, billing addresses provided.
After having validated his delivery details and, if applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
PRICE AND TERMS OF PAYMENT OF THE ORDER
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The prices are mentioned on the Site in the descriptions of the services, in euros and excluding tax and all taxes included.
The total amount is indicated in the summary of the Order, before the Customer accepts these GTC, validates his Order, informs and validates his delivery and billing details, if applicable, and proceeds to payment. This total amount is shown inclusive of all taxes.
Orders for services on the Site are payable in euros. The full payment must be made on the day of the Order by the Customer, by ["card", "Paypal"] except special conditions of sale expressly accepted by the Customer and the Company.
In the event of payment by credit card, the Site uses the security system of Stripe, a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The banking transaction by bank card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
The Customer guarantees the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be owed by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
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USE OF SERVICES
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The service (s) is (are) automatically delivered to the Customer from the validation of his Order.
The Customer must ensure that the information communicated when placing his Order is correct.
CUSTOMER SERVICE
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For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Customer Service of the Company, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is accessible from 9 a.m. to 7 p.m. using the following contact details:
Phone 0620418173
email: MA7.contact@gmail.com
mail: 39 Avenue Notre Dame, 70170 Port-sur-Saône, France.
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CLIENT OBLIGATIONS
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Article 1. The Customer undertakes to respect the terms of these GTC.
Article 2. The Customer undertakes to use the Site and the services in accordance with the instructions of the Company.
Article 3. The Customer agrees that he only uses the Site for his personal use, in accordance with these GTCS. In this regard, the Client agrees to refrain from:
Article 4. Use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these GTC.
Article 5. To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or including all or part of the Site.
Article 6. To attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that disrupts, decreases the quality or interferes with the performance or deteriorates the functionality of the Site.
Article 7. To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
Article 8. To infringe the intellectual property rights of the Company
Article 9. To denigrate the Site
Article 10. If, for any reason, the Company considers that the Client does not comply with these GTC, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil legal action. and criminal against him.
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RIGHT TO RETRACT
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In accordance with articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days from the validation of his Order on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or to pay a penalty. Excused if the order contains digital items with instant deliveries thus blocking any possibility of refund. When the customer receives a model by email immediately, the customer reserves the right to copy the file. Inevitably, the refund is suspended.
To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without justifying reasons. The Customer can communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 39 Avenue Notre Dame, 70170 Port-sur-Saône, France or by email to MA7. contact@gmail.com.
In the event of notification to the Company by the Customer of his decision to withdraw, regardless of the means employed, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
The Customer is invited to indicate the reason for return / withdrawal, in order to help the Company to improve its service (s).
In the event of withdrawal from the Customer, the reimbursement of the service (s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this reimbursement will not incur costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day on which the Company is informed of the Customer's decision to withdraw from his Order. If the Services are used within the withdrawal period, the Customer is considered to have expressly waived his right of withdrawal.
RESPONSIBILITY
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The Company implements all measures to ensure the Customer the supply, under optimal conditions, of one or more quality service (s). However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force majeure. More generally, if the Company was held liable, it could in no case accept to compensate the Customer for indirect damage or the existence and / or the amount of which would not be established by evidence.
The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the service (s) and other information disseminated on these websites.
It is expressly stipulated that the Company can in no case be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary of the Order or the shipping tracking e-mail.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
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SECURITY
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The Customer undertakes not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Otherwise, the Company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. Of the Criminal Code.
In accordance with the law relating to computers, files and freedoms of January 6, 1978, the personal information of customers may be subject to automated processing. The automated processing of this information has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
INTELLECTUAL PROPERTY
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All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and / or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
The name and brand, logos, drawings and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more that modify them or carry out any work taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Customer of the corporate names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of the Company's express prior consent.
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NEWSLETTER
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By checking the box provided for this purpose or by expressly giving his consent to this end, the Customer accepts that the Company may send him, at a frequency and in a form determined by the Customer, a newsletter (information letter) that may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for services similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
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APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
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These GTC are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.
In the event of a dispute that may arise during the interpretation and / or execution of these Terms or in connection with these GTCS, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
The Customer can go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France: https://webgate.ec. europa.eu/odr/.
In the event of failure of this mediation procedure or if the Client wishes to seize a court, the rules of the code of civil procedure will apply.
