Between the S.A.S. Immersive Display Company, 242 Boulevard Voltaire, 75011 Paris, the Share Capital of € 10.000, registered with the Trade and Companies of Paris under number 819 963 827 000 10, represented by Stéphane Deuil, as CEO, duly authorized for the purposes hereof.
The company can be contacted by email by clicking on the contact form accessible via the site's home page.
Hereinafter the "Seller" or the "Company".
And physical or legal person to purchase products or services of the company, hereinafter, the "Buyer" or "Customer"
On the other hand,
He was exposed and agreed as follows: Preamble
The Seller is a wholesale distributor of virtual reality equipment and accessories marketed through its website (https://www.immersive-display.com).
The list and description of the goods offered by the Company can be consulted on the above-mentioned sites.
Article 1 : Purpose
The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
They apply to consumers and professionals. Is considered as professional, any natural person or legal entity, private or public acting for purposes that are consistent with his professional activity and having certificate and registration number.
Article 2 : General Provisions
These General Terms and Conditions (GTC) apply to all sales of products, made through the websites of the Company that are part of the Contract between the Buyer and Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable Terms are those then being in effect on the date of payment (or the first payment for multiple payments) of the order. These Terms are available on the website of the Company at the following address: https://immersive-display.com/en/content/8-gsc
The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The Customer declares to be aware of all these Terms and Conditions, and if any of the Special Conditions of Sale relating to a product or service, and accept without restriction or reservation. Customer acknowledges that it has received the necessary information and advice to ensure the adequacy of the offer to its needs. The Customer states to be able to lawfully contract under French laws or validly represent the person or entity to which it undertakes. Unless proved otherwise the information recorded by the Company constitute proof of all transactions.
Article 3 : Price
Prices for products sold through Internet sites are in Euros excluding taxes and determined precisely on the pages of descriptions of the Products. They are also indicated in euros all taxes included (VAT + other taxes) on the product order page, and excluding specific shipping costs.
For all products shipped outside the European Union and / or overseas territories, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights are not within the purview of the Seller. They will be borne by the buyer and it is responsible (statements, payment to the competent authorities, etc.). Seller invites in this respect the buyer to learn about these issues with the relevant local authorities. The Company reserves the right to change prices at any time in the future. Telecommunication costs necessary for access to the websites of the Company are to the Customer. If necessary also, the cost of delivery.
Since July 1, 2021, the new European tax regulation requires the consumer to pay the local VAT corresponding to the rate of the country of consumption, i.e. the country of delivery chosen during the purchase process.
The EU member states do not all have the same tax rate, so the final price of the order will vary from one consumer to another if the country of delivery is different.
In case of publication of an incorrect price, regardless of the cause (human error, computer bug), the order validated the Customer will be canceled by the Seller. In this case, Immersive Display will promptly refund any amount already paid to have the date of the cancellation. The Customer can then order again with the corrected price.
Article 4 : Conclusion of online contract
The Customer must follow a series of steps specific to each product offered by the Seller in order to realize his order. However, the steps outlined below are systematic:
➢ Information about the essential characteristics of the product
➢ Product Selection, if any, choice of options and indication of the essential data of the Customer (identification, address ...)
➢ Acceptance of these Conditions of Sale
➢ Verification of the elements of the order and, if necessary, correction of errors
➢ Follow of instructions for payment, and products payments
➢ Shipping of goods.
The Customer will receive a confirmation email of the order's payment, as well as the acknowledgment confirming receipt of the order. For products delivered, the delivery will be made to the address specified by the customer. For the purposes of proper implementation of the order, and pursuant to Article 1316-1 of the Civil Code, the Customer undertakes to provide his truthful identifiers.
The Seller reserves the right to refuse the order, for example to any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Products and Services
The essential characteristics of the goods, services and their respective prices, are available to the buyer on the websites of the company. The customer confirms having received the details of the delivery, costs, terms of payment and execution of the contract. The Seller agrees to fulfill the customer order within the limits of the availability of the products. Otherwise, the Seller shall inform the Customer. The contractual pieces of information is presented in detail and in French.
According to French law, they are subject to a summary and a confirmation upon confirmation of the order. The parties agree that the illustrations or photographs of the products offered for sale are not contractual. The validity of the offer of products, their prices and the minimum duration of contracts offered, when they bear on a continuous or periodic supply of products or services, are specified on the websites of the Company.
Except in special circumstances, the rights granted hereunder are only to physical person signing the order (or the holder of the release email address). In accordance to the legal requirements for compliance and hidden defects, the Seller refund or exchange defective products or not corresponding to the order. The refund can be requested as follows: email@example.com
According to article 1641 of the French Civil Code, a latent defect is a defect which makes it impossible to use an object under normal conditions or which greatly diminishes the qualities of the product and of which the buyer could not have been informed at the time of the sale.
Article 6 : Retention of title clause
The products remain the property of the Company until full payment.
Article 7 : Delivery conditions
The products are delivered to the shipping address that was specified when ordering and the time indicated. This delay does not take into account the order preparation time.
When the customer order multiple products at the same time they may have different delivery times.
In case of delayed shipment, Immersive Display undertakes to inform the Customer.
In case of delayed delivery, the customer has the option to terminate the contract in the terms and conditions defined in Article L 138-2 of the Consumer Code. Seller will then reimburse the product and the cost to "go" in terms of Article L 138-3 of the Consumer Code.
Seller provides a telephone contact point (cost of a local call from a landline) specified in the order confirmation email to follow up the order.
Seller recalls that when the customer hangs physical possession of the goods, the risk of loss or damage to the goods is transferred to him. It is the Customer to notify the carrier any reservations about the product delivered.
Article 8 : Availability and presentation
Orders will be processed within the limits of our available stocks and subject to availability from our suppliers.
In case of unavailability of an article for a period exceeding 30 working days, you will be immediately notified of the predictable delivery times and the order of this article may be canceled on a simple request.
The customer can then request a credit for the amount of the item or refund.
Article 9 : Payment
Payment is due immediately with the order, including the products in pre-order.
Customer can pay by credit card, Paypal or bank transfer. Cards issued by banks outside France must be international credit cards (Mastercard or Visa). The secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in the rules of art and can not be read in transit on the network.
Once payment is made by the customer, the transaction is debited immediately after checking the information. According to Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by the credit card is irrevocable. By providing bank details during the sale, the Customer authorizes the Seller to charge her card for the amount relating to the stated price. The Client confirms that he is the legal owner of the debit card and is legally entitled to use it.
In case of error, or failure to charge the card, the sale and the order are immediately and automatically canceled.
Article 10 : Withdrawal period
According to Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen (14 )days to exercise his right of withdrawal without any reasons and without paying penalties, except, the cost of return. "The period mentioned in the preceding paragraph shall run from the receipt of the goods or acceptance of the offer for services. "
The right of withdrawal may be exercised by contacting the Company as follows: firstname.lastname@example.org
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased products and shipping costs will be refunded, the return costs are for the Customer.
Returns of products must be returned in their original condition and complete (packaging, accessories, manuals ...) so that they can be relet to new; they should if possible be accompanied by a copy of the sales receipt.
The right of withdrawal can not be exercised for contracts: (article L221-28)
1. For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal
2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period
3. The supply of goods made to the consumer's specifications or clearly personalized
4. The supply of goods that are likely to deteriorate or expire rapidly
5. 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
6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles
7. The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader
8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to meet the emergency
9. Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
10. The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications
11. Concluded at a public auction
12. The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that must be provided on a specific date or at a specific time
13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.
Whatever the reason for the return, it can only be accepted after RMA agreement (see article 13)
Any item returned without agreement may be refused upon receipt.
Right of withdrawal between Professionals : according to Article L121-16-1
For commercial relations known as B2B (Business to Business) between professionals, 3 conditions must be reunited for the purchasing company to benefit the right of withdrawal:
- Contract concluded off-premises (off-premises, online)
- The object of the contract does not fall within the scope of the company's activity
- The buyer employs 5 employees or less.
Article 11 : Guarantees
All devices sold are covered by the legal guarantee of hidden defects as defined in Article 1641 of the Civil Code and unless otherwise stated by the seller, the guarantee of new products is strictly limited to the "manufacturer's guarantee".
According to Article 1641 of the Civil Code, a hidden defect is a defect that makes it impossible to use an object under normal conditions or that greatly diminishes the qualities of the product and of which the buyer could not have been informed at the time of the sale.
The seller cannot be held responsible for any damage, loss of data or operating loss related to any of the products.
The warranty does not apply in case of non-conforming use of the product, abnormal deterioration of the product or if the product has been dismantled or opened by the customer. To benefit from the guarantee, the customer must imperatively keep his purchase invoice, acting as proof of guarantee.
Some products benefit from a specific warranty managed by the manufacturer which requires a prior registration of the product on the manufacturer's website. It is imperative that the customer complies with these guidelines in order to benefit from the warranty in this case.
Article 12 : Complaints
If necessary, the Buyer may make any claim by contacting the company through the following coordinates:
By phone: +33 (0)970 71 74 00
Article 13 : Return Policy
The Customer wishing to return goods must have the prior written consent of our company. The return request can be made at this customer address : email@example.com with these information :
Last name and first name
Address - Postal code - City
Phone (to contact if you need more informa tion)
Make - Model - Serial number
Product under warranty? Yes or no
Date of purchase
Purchase invoice to be attached to form
Accept the conditions of return
No returns can be made without the prior written consent of Immersive Display to the Customer as a return form with No. RMA (Return Material Authorisation).
Once the RMA No. received, the Customer has a period of 14 days to return the product. Any returns sent after this deadline will be systematically refused.
The returns must be sent at:
IMMERSIVE DISPLAY LOGISTIQUE
Rue de la Brique
ZA la Biochère
Any return will be at the expense of the customer. However, shipping costs will be refunded to the Customer if IMMERSIVE DISPLAY's responsability is proved (Product not conform to the order).
Once the product(s) have been received and checked by our services, Immersive Display will proceed to your refund within 5 days on the same payment method used for the purchase of your order.
In the absence of receipt of your product or proof of shipment of your product, the Seller reserves the right to defer your refund until the day of receipt of your product.
Article 14 : Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or generally any object of intellectual property rights information are and remain the exclusive property of the seller. No cession of intellectual property rights is conducted through these Terms. Total or partial reproduction, modification or use of such property for any reason is strictly prohibited.
Article 15 : Major force
The implementation of the obligations of the seller to the term hereof shall be suspended upon the occurrence of a fortuitous event or force majeure that prevent the execution. The seller will inform the customer of the occurrence of such an event as soon as possible.
Article 16 : Nullity and contract amendment
If any provision of this contract was canceled, this shall not result in the nullity of the other provisions that remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.
Article 17 : Protection of personal data
In accordance with the French Data Protection Act of January 6, 1978, you have the right to question, access, modify, oppose and rectify your personal data.
By adhering to these general conditions of sale, you agree that we collect and use these data for the realization of the present contract.
By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners.
You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the person responsible for processing (the Company) by registered letter with acknowledgement of receipt.
The company collects and processes personal data from Customers for the following reasons:
- Products purchased
- Management of orders, invoices, credit notes, quotes, payments, returns, guarantees
- Information on the company's activity
- Elaboration of statistics
- Internal canvassing for the development of goods equivalent to those purchased
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data that has as its purpose the sale and delivery of products and services defined in this contract.
Our company complies with the new Data Protection Act (GDPR) coming into force on May 25, 2018.
Article 18 : Disclaimer
Immersive Display could not be held responsible and no compensation could be asked for delays in delivery of the products or damaging consequences due to force majeur.
Immersive Display disclaims all liability for direct or indirect damage that would be caused to the Client resulting from the use of the product.
If responsibility for Immersive Display is retained regardless of the cause or origin, our responsibility can not be in any case higher than the value of the product purchase price.
Article 19 : Applicable law
All clauses in these general conditions of sale, and all purchases and sales transactions will be subject to French law.
The executive place of jurisdiction is the Laval Commercial Court which will be the only competent regardless the reclaim.