General terms and conditions of sale

Alloparadise.fr — Payment by Credit Card

Effective Date: 09/19/2018

1. SCOPE

These General Terms and Conditions of Sale (hereinafter “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers” or “the Customer”), wishing to purchase the products offered for sale (“the Products”) by the Seller on the Alloparadise.fr website. The Products offered for sale on the site are:

  • Digital products

The main characteristics of the Products, in particular specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the Alloparadise.fr website, which the Customer must read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid while stocks last, as specified when placing the order.

These GTC are accessible at any time on the Alloparadise.fr website and shall prevail over any other document.

The Customer declares having taken note of these GTC and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the Alloparadise.fr website.

Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

Seller’s contact details:

PADZUP, EIRL
Registered with the RCS of TOURS under number 532 555 612 00045
10 rue Alexander Fleming, 37000 TOURS, FRANCE
Email: [email protected]
Phone: 02 44 844 833
EU VAT number: FR24532555612

2. PRICE

The Products are supplied at the applicable prices as displayed on the Alloparadise.fr website at the time the order is recorded by the Seller.

Prices are in Euros, including taxes (unless otherwise stated).

Prices take into account possible discounts granted by the Seller on Alloparadise.fr.

These prices are firm and not subject to revision during their period of validity. However, the Seller reserves the right, outside this validity period, to modify prices at any time.

Prices do not include any potential handling, shipping, transportation, or delivery costs, which are billed in addition, under the conditions indicated on the site and calculated prior to placing the order.

The amount charged to the Customer corresponds to the total purchase amount, including these costs.

An invoice is drawn up by the Seller and provided to the Customer upon delivery of the ordered Products.

Prices are indexed to those of our suppliers and vary automatically. We reserve the right to change prices without notice and without frequency restrictions.

3. ORDERS

If the Customer is a minor or an adult who does not have full legal capacity, the purchase must be made under the supervision and assistance of his or her legal representative, who authorizes the purchase on the site and assumes responsibility for it.

The Customer must select on the Alloparadise.fr website the Products he or she wishes to order according to the following process:

The Customer chooses a Product to place in the shopping cart. The Product may be removed or modified before confirming the order and accepting these General Terms and Conditions of Sale. The Customer then enters his or her personal details or logs into an existing account. After the information is confirmed, the order is considered final and payment is required from the Customer, under the specified methods. Once the order is validated and payment is received, the order is sent to the Customer immediately by email. If there is any doubt about the legitimacy of the payment, the Company reserves the right to place the order on hold to verify the legitimacy of the order and the purchaser. In such a case, verification might include checking the cardholder’s identity, the Customer’s identity, physical possession of the bank card, etc., by any means deemed necessary by the Company. If the Customer refuses to proceed with this verification, the order will be refunded within a reasonable time to the initial payment method.

Before ordering, the Customer must check the specific features indicated on the Product page (technical details, software or device compatibility, region settings/validity, age restrictions, various limitations, languages, currency, etc.).

The Customer has all necessary authorizations to purchase the Product.

Product offers remain valid as long as they are displayed on the site and within the limits of available stocks.

The sale is only deemed valid after full payment of the price. The Customer must verify the accuracy of the order and immediately report any errors.

Any order placed on the Alloparadise.fr site constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an ongoing dispute regarding payment of a previous order.

The Customer can follow the progress of his or her order on the site.

In the event of a dispute arising after the Product is delivered, which results in a “chargeback” (in the event of a disputed transaction for credit card payments), the Customer will be responsible for reimbursing Padzup for the delivered Product, as well as any dispute-related fees.

3bis. CUSTOMER AREA – ACCOUNT

To place an order, the Customer is invited to create an account (personal space).

For this purpose, he or she must register by completing the form provided during checkout, undertaking to provide sincere and accurate information regarding civil status and contact details, particularly the email address.

The Customer is responsible for updating the information provided. The Customer can modify this information by logging into his or her account.

To access the personal space and order history, the Customer must identify themselves with the username and password communicated after registration. This username and password are strictly personal, and the Customer agrees not to disclose them. Otherwise, the Customer remains solely responsible for any use that may be made of them.

The Customer can also request account deletion at any time by sending an email to: [email protected]. This request will be processed within a reasonable timeframe.

In case of non-compliance with the General Terms and Conditions of Sale and/or Use, Alloparadise.fr may suspend or even close a Customer's account after issuing an electronic warning that remains without effect.

Deleting an account, for any reason, leads to the straightforward deletion of all the Customer’s personal information.

Any event due to a case of force majeure resulting in malfunction of the site or server, as well as interruptions or modifications in the event of maintenance, does not engage the liability of the Seller.

Creating an account implies acceptance of these General Terms and Conditions of Sale.

4. PAYMENT TERMS

Payment is made securely, under the following method:

  • Credit card payment

Payment of the total price by the Customer is due upon placing the order.

Each credit card transaction is verified by the 3D Secure protocol.

Payment data is exchanged in encrypted form via the protocol defined by the approved payment provider handling banking transactions carried out on the Alloparadise.fr site.

Payments made by the Customer will only be considered final once the Seller has effectively received the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the total price has not been paid under the terms indicated above.

5. DELIVERY

The Products ordered by the Customer will be delivered within mainland France.

Subject to the Seller’s acceptance of the sale, delivery is carried out within a few minutes to the email address provided by the Customer when ordering on the site. The ordered Products and activation keys will also be visible in the Customer’s Account area.

The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the aforementioned periods. However, these periods are provided for informational purposes only.

In the case of pre-orders for out-of-stock items or upcoming releases, an estimated delivery timeframe or specific date is indicated on the Product page.

If the Products ordered have not been delivered within 24 hours after the estimated delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be canceled upon written request by the Customer under the conditions provided in Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The amounts paid by the Customer will then be refunded no later than fourteen days following the date the contract was terminated, excluding any compensation or deduction.

The Customer has one year from the delivery date to submit any claims by mail, accompanied by all relevant supporting documents (including photos). After this deadline, and failing compliance with these formalities, the Products will be deemed compliant and free of any apparent defect. No claim will then be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense any delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided in Articles L 217-4 and following of the French Consumer Code and as stipulated in these GTC.

6. TRANSFER OF OWNERSHIP

Transfer of ownership of the Products from the Seller to the Customer will only occur once the price has been paid in full by the latter, regardless of the delivery date of said Products.

7. RIGHT OF WITHDRAWAL

Given the nature of the Products sold, orders placed by the Customer do not benefit from any right of withdrawal.

Pursuant to Article L121-21-8 13° of the French Consumer Code, the Customer must waive their right of withdrawal at the time of order. This provision excludes the fourteen-day legal withdrawal right for contracts supplying digital content not provided on a tangible medium, the performance of which has commenced after the consumer’s prior express agreement, if the Customer has expressly waived their right of withdrawal.

Therefore, the contract is finalized as soon as the Customer places the order, in accordance with these GTC.

8. SELLER’S LIABILITY – WARRANTIES

Products supplied by the Seller benefit from:

  1. The legal warranty of conformity for defective, damaged, or damaged Products that do not correspond to the order,
  2. The legal warranty against hidden defects resulting from a material, design, or manufacturing defect that affects the delivered Products and renders them unfit for use.

Provisions relating to legal warranties

Article L217-4 of the French Consumer Code

“The seller is obliged to deliver a product in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation if the latter was made his responsibility by the contract or was carried out under his responsibility.”

Article L217-5 of the French Consumer Code

“A product conforms to the contract if:

  1. It is suitable for the use usually expected of a similar item and, where applicable:
    - It corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
    - It has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by his representative, especially in advertising or labeling;
  2. Or it has the features defined by a mutual agreement between 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 L217-12 of the French Consumer Code

“An action resulting from a lack of conformity is time-barred two years from the delivery of the goods.”

Article 1641 of the French Civil Code

“The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which diminish such use so much that the buyer would not have acquired it, or would only have paid a lower price for it, had he known of them.”

Article 1648 paragraph 1 of the French Civil Code

“An action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”

Article L217-16 of the French Consumer Code

“When the buyer requests from the seller, during the course of a commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any downtime of at least seven days is added to the remaining duration of the guarantee. This period runs from the date of the buyer’s request for intervention or from the date the item in question is made available for repair, if this is later than the request for intervention.”

To enforce his or her rights, the Customer shall notify the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller shall refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days following the Seller’s discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

The Seller’s liability cannot be engaged in the following situations:

  1. Non-compliance with the legislation of the country in which the products are delivered, which the Customer must check,
  2. In case of incorrect use, use for professional purposes, negligence, or lack of maintenance by the Customer, or normal wear of the Product, accident, or force majeure.

The photographs and graphics presented on the site are not contractually binding on the Seller.

In any event, the Seller’s guarantee is limited to the replacement or refund of non-compliant or defective Products.

9. PERSONAL DATA

The Customer is informed that the collection of personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.

9.1. Collection of Personal Data

The personal data that is collected on the Alloparadise.fr site are as follows:

Account creation

When creating a Customer/User account:

last name, first name, postal address, phone number, email address, username.

Payment

For the payment of Products offered on the Alloparadise.fr site, it may be processed by a third-party operator chosen by the Customer at the time of payment.

9.2. Recipients of Personal Data

Personal data is reserved for the exclusive use of the Seller and its employees.

9.3. Data Controller

The data controller is the Seller, as defined by French data protection law and, from May 25, 2018, by Regulation (EU) 2016/679 on the protection of personal data.

9.4. Limitation of Processing

Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.

9.5. Data Retention Period

The Seller will keep the collected data for 5 years, covering the time of applicable contractual civil liability.

9.6. Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data from alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage over the Internet.

9.7. Exercise of Clients’ and Users’ Rights

In accordance with the applicable regulations on personal data, Customers and users of Alloparadise.fr have the following rights:

  • They can update or delete their data by:
    • Sending a postal request to the Company.
  • They can delete their account by sending an email to the address indicated in Article 9.3 “Data Controller.”
  • They can exercise their right of access to their personal data by writing to the address indicated in Article 9.3 “Data Controller.”
  • If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 “Data Controller.”
  • They can request deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller.”
  • Finally, they can object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller at the above contact details.

The Data Controller must provide a response within a maximum of one month.

If the Controller refuses to comply with the Customer’s request, the refusal must be justified.

The Customer is informed that in the event of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring the matter before a judicial authority.

The Customer may be asked to check a box indicating that they agree to receive informational and promotional emails from the Seller. The Customer may withdraw consent at any time by contacting the Seller (contact details above) or by clicking the unsubscribe link.

10. INTELLECTUAL PROPERTY

The content of the Alloparadise.fr site is the property of the Seller and its partners, and is protected by French and international intellectual property laws.

Any full or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

11. APPLICABLE LAW – LANGUAGE

These GTC and any related operations are governed by and subject to French law.

These GTC are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

12. DISPUTES

For any complaint, please contact the customer service at the mailing address or email of the Seller indicated in ARTICLE 1 of these GTC.

The Customer is informed that he or she may in any event resort to conventional mediation, with the existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of disagreement.

In this case, the designated mediator is:

Medicys, 73 boulevard de Clichy, 75009 Paris
Phone: +33 (0)1 49 70 15 93
Email : [email protected]

The Customer is also informed that they can use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes arising from the purchase and sale transactions concluded under these GTC that are not resolved amicably between the Seller or via mediation will be submitted to the competent courts under common law conditions.


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