1 - Preamble
The present general conditions of sale apply to all sales concluded on the www.poptalks.com website.
The contact details of the company are as follows :
● Website : poptalks.com
● Company name : POPTALKS
● Postal address : 4 rue de l’Industrie, 63100 CLERMONT-FERRAND
● Email address : email@example.com
● Company registration number : CLERMONT-FERRAND 442 348 371
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller’s catalogues. The photographs and graphics presented are not contractual and shall not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability.
In accordance with the introductory article of the French Consumer Code:
Digital content is understood to be: any tangible personal property that incorporates digital content or a digital service or that is interconnected with such content or service in such a way that the absence of this digital content or service would prevent the property from fulfilling its functions.
The customer declares that he/she has read and accepted the General Terms and Conditions of Sale prior to placing the order. The validation of the order therefore constitutes acceptance of the General Terms and Conditions of Sale.
The Company sells the following products to its clients via its website: board games, board games accessories.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
Apply to the exclusion of all other conditions the present general conditions of sale, and in particular those applicable for the sales in shop or by means of marketing or other circuits of distribution.
They are accessible on the www.poptalks.com website and will prevail, if necessary, on any other version or any other contradictory document.
The buyer and the seller agree that the present general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 2 - Content
Purpose. The present general conditions have for object to define the rights and obligations of the parts within the framework of the on-line sale of goods proposed by the seller to the buyer, from the www.poptalks.com website.
Capacity. The use of the site to place an order presumes the and the acceptance of all the terms of the present general conditions. The Customer declares to be of age and able to contract under the law of his country or declares to represent, by virtue of a valid mandate, the person for whom he makes the order.
Acceptance of the GTC. The Customer declares that he/she has read the general terms and conditions and has accepted them before any purchase, which implies unreserved acceptance of these general terms and conditions of sale. By this acceptance, the customer acknowledges that he/she has received sufficient information and advice from the company prior to any order, enabling him/her to ensure that the content of his/her order is appropriate to his/her needs. The present general conditions constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The present general conditions have for object to define the rights and obligations of the parts within the framework of the on-line sale of goods proposed by the salesman to the buyer, from the www.poptalks.com website.
Article 3 - The order
The buyer has the possibility of placing his order on line, from the catalogue on line and by means of the form which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He/she must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final :
– after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail ;
– and after the seller has collected the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an e-mail to the seller at the following e-mail address:
The digital registers, kept in the company’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 4 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code.
The following information shall be transmitted to the buyer in a clear and comprehensible manner
– the essential characteristics of the goods ;
– the price of the goods and/or the method of calculating the price;
– if applicable, any additional transport, delivery or postage costs and any other costs that may be payable;
– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, irrespective of their price;
– information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 5 - Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order shall constitute proof of the buyer’s agreement:
– Payability of the sums due under the order form;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following e-mail address: firstname.lastname@example.org
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail once the payment has been made.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those that appear on the seller’s website and that are indicated as sold by the seller.
They are offered within the limits of available stocks.
The products are described and presented with the greatest possible
accuracy. However, if errors or omissions could occur as for this presentation, the responsibility of the salesman could not be committed.
The products sold on the poptalks.com shop are manufactured with
components produced in China and in Europe (France, Germany, Spain, Netherlands).
All the products sold on the poptalks.com shop are assembled in France
and will be shipped from France. The photographs of the products are not contractual.
Article 9 - Pricing conditions
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are indicated in euros.
The customer purchasing a product sold inclusive of all taxes (TTC) will see a price taking into account the VAT applicable on the day of the purchase of the product. Any change in the applicable VAT rate will be reflected in the price of the products. If the company is exempt from VAT,
it can legitimately invoice its products exclusive of tax (HT).
In the event that a customer located in a country of the European Union is required to pay VAT in order to receive his order, the latter must inform the seller before paying the sums claimed by the carrier or the customs administration, so that he can legitimately clear the situation for the customer.
If the customer has nevertheless paid any costs associated with customs clearance such as VAT, customs duties or other processing fees, the customer may claim a refund of only the VAT and customs duties, provided that the customer provides admissible proof of payment.
For purchases to countries outside the European Union, import costs such as VAT or customs duties shall be borne by the customer. The seller cannot be held responsible for any additional costs related to customs clearance or other import costs.
Article 10 - Method of payment
This is an order with a payment obligation, which means that the placing of the order implies a payment by the buyer.
In order to pay for the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller’s website.
The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment.
The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
The payment of the price is made in full on the day of the order, using the following methods:
- Credit card (Visa, Mastercard, American Express by STRIPE)
Special offers and discount vouchers. The company reserves the right to propose limited-time introductory offers, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law.
The applicable prices are those in force at the time of the purchase of the product by the customer, who may not take advantage of other prices, whether prior or subsequent to his purchase. Vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can only be used once.
In the event of a payment incident and/or fraud. The company reserves the right to suspend any processing of the Order and any delivery in the event of non-payment or refusal of authorisation of payment by bank card by officially accredited organisations. The company reserves the right to refuse to honour any order placed by a client who has not paid in full or in part for a previous order, or with whom a payment dispute is pending.
The company may contact the customer to request additional documents in order to execute the payment of the order. The company may rely on the information provided by the order analysis system.
The provision of the requested documents is necessary for the company to confirm the order. In order to combat credit card fraud, a visual check of the means of payment may be carried out by the company before delivering the product. In the event of fraudulent use of his bank card, the customer is invited, as soon as this use is noticed, to contact the company, without prejudice to the steps to be taken by the customer with his bank.
Default or delay in payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Customer.
Article 11 - Product availability - Refunds - Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
Delivery terms will be specified to the buyer on a case-by-case basis.
In the event of failure to comply with the agreed delivery date or deadline, the buyer shall, before breaking the contract, request the seller to execute the contract within a reasonable additional period.
If the seller fails to do so within this further period, the buyer may freely withdraw from the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
The buyer may, however, terminate the contract immediately if he considers the above dates or periods to be an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In the event of the unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered to the buyer by the seller’s supplier in accordance with the terms and conditions and within the period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must therefore ensure that it is accurate. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because it has been opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged packages, broken products…).
This verification is considered to have been carried out as soon as the buyer or a person authorised by him has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site’s legal notices.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The products must be returned to the following address:
– POPTALKS, 4 rue de l’Industrie, 63100 CLERMONT-FERRAND FRANCE
See our Return and Refund Policy page.
The product will be delivered within a maximum of 30 days.
Products are offered for sale and delivered while stocks last. In case of unavailability of the ordered product, the customer will be immediately informed by the company which will be able to propose a product of an equivalent quality and price or, failing that, will proceed to the refunding of the order if the Customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not obliged to pay any compensation for cancellation, unless the non-performance of the contract is personally attributable to it.
The return costs are at the customer’s expense.
Article 13 - Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim can be made, at the buyer’s choice :
– by e-mail to the following address: email@example.com
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer.
The exchange of a product can only take place after the exchange number has been allocated.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that :
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
– the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods.
14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It shall be up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
The buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the customer must notify his right of withdrawal by e-mail to the following address: firstname.lastname@example.org
The price of the product(s) purchased and the delivery costs are reimbursed.
The buyer is responsible for the return shipping costs.
The exchange (subject to availability) or refund will be made at the latest within a period of days from receipt by the seller of the products returned by the buyer under the conditions provided above.
According to Article L221-28 of the Consumer Code, the right of withdrawal may not be exercised for contracts
– the supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period
– the supply of goods made to the consumer’s specifications or clearly personalised
– the supply of goods which are likely to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
– the supply of audio or video recordings or computer software if they have been unsealed by the consumer after delivery
– the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications
– the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
The trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the trader.
Article 16 - Force majeure
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 18 - Data processing and liberties
The nominative data provided by the buyer is necessary for the processing of the order and the preparation of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right can be exercised in the conditions and according to the modalities defined on the site www.poptalks.com
Article 19 - Partial non-validation
If one or several stipulations of the present general conditions are considered as invalid or declared as such in application of a law, of a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their range.
Article 20 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail addresses of the mediator are available on our website.
In the event of difficulty in the performance of the Contract, the consumer Customer residing in Europe has the possibility, before taking any legal action, of requesting recourse to the following consumer mediator:
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.
This establishment has designated, by membership registered under number 60018/LMD/2303 the SAS Médiation Solution as a consumer mediation entity.
To refer to the mediator, the consumer must formulate his request:
– Or in writing to :
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost, FRANCE
Phone. 04 82 53 93 06
– Or by email : email@example.com
– Or by filling in the online form entitled « Saisir le médiateur » on the website https://www.sasmediationsolution-conso.fr
Whatever the means of referral used, the request must contain
– The applicant’s postal, telephone and e-mail address,
– The name, address and registration number of the professional concerned at Sas Médiation Solution,
– A brief statement of the facts. The consumer shall specify to the mediator what he expects from this mediation and why,
– A copy of the prior complaint,
– all documents enabling the request to be examined (order form, invoice, proof of payment, etc.)
Article 24 - Applicable law
The present general conditions are subject to the application of French law. The competent courts are the French courts.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
POPTALKS ©, version 30/03/2023