GTC/GU
1 - About us
The POPTALKS Company, SARL, with a capital of 10,000.00 euros, whose registered office is in CLERMONT-FERRAND
(63100) 4 RUE DE L’INDUSTRIE, registered in the CLERMONT- FERRAND trade and companies register under number 442348371
FERRAND under the number 442348371.00 represented by Mr. Alexis SUARD (hereinafter the “Company”). The
Company sells the following products to its clients via its website: board games accessories for board games.
board games accessories.
2 - Preamble
The Company invites the Users to read carefully the present General Terms and Conditions of Sale and Use (hereinafter the “GTC/UGU”). Placing an Order implies acceptance of the GTC/UGU. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take this into account before making a purchase. The photographs or graphics presented on the Web Site are not contractual.
The Customer acknowledges having read and accepted them by checking the appropriate box before placing the online Order.
The GCS/GU shall govern the terms and conditions under which the Company sells its Products to its Professional and Consumer and Consumers via its Internet Site.
They shall apply to all sales made by the Company and shall prevail over any conflicting document, in particular the Client’s general terms and conditions of purchase.
They are systematically communicated to the Client who requests them.
In the event of subsequent modification of the GTC/GU, the Client shall be subject to the version in force at the time of the Order.
3 - Definitions
“Customer” refers to the Professional or the Consumer who places an Order for a Product sold on the present website.
“Order” refers to any order placed by the User registered on the present Web site;
“General Terms and Conditions of Sale and Use” or
“Terms and Conditions of Sale” or “GCS/UTC” refers to the present general terms and conditions of use and online sales;
“Consumer” means the buyer who is a natural person and who is not acting for professional purposes and/or outside of his professional activity;
“Products” means the material things that can be appropriated and that are offered for sale on this Site on the present Site;
“Professional” refers to the buyer who is an individual or a legal entity acting within the framework of his
professional activity;
“Site” means the present Site, i.e. www.poptalks.com;
“Company” means the Company Poptalks, more fully described in article I hereof;
“User” means any person who uses the Site.
4 - Inscription
Registration is not necessary to use the site.
5 - ORDERS
Orders can be placed without registration. The User can add Products to his/her virtual basket. He can then access the summary of his virtual basket to confirm the Products he wishes to order and place his Order by pressing the “Order” button.
The Customer must enter an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. The finalization of the Order
implies acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Customer.
6 - Products and prices
The Products covered by the GTC/GU are those listed on the Site and sold and shipped
directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is carried out within the limits of the Company’s available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
When a User wishes to purchase a Product sold by the Company through the Site, the price indicated on the page of the Product corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and taking into account applicable discounts in effect on the date of the Order. The price indicated does not include shipping costs, which will be detailed, if necessary, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company shall send the Customer a detailed quote setting out the price calculation formula.
Under no circumstances shall a User be entitled to demand the application of discounts that are no longer in effect on the date of the Order.
7 - Terms of payment
Unless otherwise agreed, all sales shall be paid for in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company is free to require a deposit or payment of the full price at the time of placing the Order or upon receipt of the invoice.
Payment can be made by :
- Credit card via a secure connection (Stripe)
- Paypal account
In the event of non-payment of the Products, in whole or in part, by the date indicated on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation.
European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation used shall be the most recent on the date of the Order for the services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Customer shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
In the event of non-payment of the Products in whole or in part on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty equal to the legal interest rate.
No compensation may be made by the Client between penalties for delay in the supply of Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty due by the Client, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
8 - Delivery
The Products are delivered exclusively in the following geographical areas:
Metropolitan France
European continent (countries delivery is open step by step)
The Company undertakes to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the Customer’s geographical area, the delivery method chosen or the Product ordered.
If the 10-day delivery deadline is exceeded, except in cases of force majeure, the Customer may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having enjoined the Company, in the same way, to make the delivery within a reasonable additional time, and if the Company has not
Company has not complied.
In this case, the Client will be reimbursed within 30 days if payment has already been made.
In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Client.
Furthermore, the Company cannot be held responsible for reasons related to exceeding the delivery time:
During periods of high demand, such as holiday periods
For delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control
For facts attributable exclusively to the carrier in charge of the delivery
The delivery is made, according to the choice of the Customer and according to the prices indicated on the Site:
To the address indicated by the Customer at the time of the Order, by regular mail.
At one of our partner locations as indicated on the Site. A valid identification document will be required to collect the Products. Otherwise, the Products ordered will not be delivered to the Customer.
9 - Complaints
For all Sales Orders placed through this web site, the client has the right to make a claim within 20 days of the Products being delivered.
as of the delivery of the Product. It is the Client’s responsibility to verify the apparent state of the Products upon delivery. If no reservations are expressly made upon delivery, the Products shall be deemed to be in conformity with the Order.
In order to exercise this right of complaint, the Client must send the Company, at adress contact@poptalks.com, a statement in which he/she expresses his/her reservations and complaints, accompanied by the relevant supporting documents (receipt form countersigned by the carrier, photographs, etc.).
A claim that does not respect the conditions described above cannot be accepted.
The Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10 - Consumer's right of withdrawal
The Consumer has a right of withdrawal of 14 days as from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer shall send a statement to
contact@poptalks.com.
The Products must be returned in their original packaging and in perfect condition within 20 days from the notification of the withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.
The Consumer shall be reimbursed for all costs paid for the placing of the Order within 14 days of the Company becoming aware of the Consumer’s declaration of withdrawal.
The refund will be made by the same means of payment as the one used for the purchase.
11 - Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the deposits paid shall remain with the Company as compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Clients, the transfer of risks occurs upon delivery or upon collection of the goods from the store when the Client has chosen in-store delivery.
12 - Indications in case of security breach detected by the Editor.
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. “
Article L.217-5 of the Consumer Code:
“The good is in conformity with the contract:
1° If it is fit for the purpose 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 seller presented to the buyer in the form of a sample or model;
If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if it had not been purchased, would have given a lower price, if he had known about them.
Any Product resold altered, modified or transformed is not covered by the warranty.
This one is limited to the replacement or the refunding of the Products not in conformity or affected of a defect. It is excluded in case of misuse or abnormal use of the Product as well as in the case where the Product does not comply with the legislation of the country in which it is delivered.
The Client shall inform the Company of the existence of the defects within two years. The Company shall rectify the Products found to be defective to the extent possible. If the Company’s responsibility is retained, the guarantee is limited to the amount
is limited to the amount paid by the Consumer for the supply of the Products.
The replacement of the Products does not extend the duration of the warranty.
13 - Modifications
The Company reserves the right to make changes to the Site, the T&C/GU and any delivery procedures or other elements of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set forth in the T&C/GU in effect at the time the Order is placed.
14 - Processing of personal data
The registration on the Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all of his personal data
by writing, by mail and proving his identity, to the following address: contact@poptalks.com.
This personal data is necessary for the processing of the Order and for the establishment of invoices, if necessary, as well as for the improvement of the functionalities of the Site.
15 - Sharing of collected data
The Site may use third-party companies to perform certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to enable the proper functioning of the
of the Site.
These third-party companies only have access to the data collected in order to carry out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving such commercial offers by writing to the Company’s address indicated above.
Furthermore, the information of the Customers may be transmitted to third parties without their prior express consent in order to achieve the following purposes:
To comply with the law
Protect any person from serious bodily harm or death
To prevent fraud or other violations of the Company or its users
Protect the Company’s proprietary rights.
16 - Data protection
The Company ensures an appropriate level of security proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
17 - Cookies
To enable its Users to benefit from optimal browsing on the Site and better operation of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a “cookie” file on the User’s hard drive.
The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
18 - Liability
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to perform any updating, improvement or maintenance operation.
As previously mentioned herein, the Company shall not be liable for any delays in delivery due to reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
19 - Intellectual Property
The brand, the logo, and the graphic charter of the present Site are registered trademarks with the INPI and works of the mind protected under the copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
20 - Jurisdiction clause
The law governing the GCS/GU is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions will be subject to an attempt at amicable resolution. Failing that, the disputes will be brought to the attention of the competent courts under common law.
21 - Acceptance of the GTC/GU
The Customer or the User expressly accepts the GTC/GU.
The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general conditions of purchase.
The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
The essential characteristics of the Product;
The price of the Products;
The date or the deadline by which the Company undertakes to provide the Service;
The information relating to the identity of the Company (postal, telephone and electronic contact details);
Information on the legal and contractual guarantees and their implementation modalities;
The possibility of resorting to conventional mediation in the event of a dispute;
Information on the right of withdrawal (time limit, methods of exercise).
22 - Contact information for the mediator
médiation vivons mieux ensemble. RCS Nancy.
mediator website
More info about the games : contact@poptalks.com
More info on (pre)order : sales@poptalks.com