Between the company S.A.S Immersive Display, 242 boulevard Voltaire, 75011 Paris, with a share capital of 10.000€, registered in the Paris Trade and Companies Register under the number 819 963 827 00010, represented by Mr. Stéphane DEUIL, in his capacity as President, duly authorized for the purposes of the present contract.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the natural person with legal capacity and acting in a personal capacity as a consumer or having the rights to bind the company he represents proceeding to the purchase of products or services of the company, hereinafter, "the Buyer", or "the Customer"
On the other hand,
It has been set out 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 Terms 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 a professional, any natural person or legal entity, private or public acting for purposes within the scope of its professional activity with a trade or craft registration number.
Article 2 : General provisions
The present General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://immersive-display.com/content/8-cgv
The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of the products sold through the websites are indicated in Euros excluding taxes and Euros including all taxes, precisely determined on the pages of description of the Products.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Customer. Where applicable, delivery costs are also charged.
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 the event that an incorrect price is published, regardless of the cause, the Customer's validated order will be cancelled by the Seller. In this case, Immersive Display will promptly refund any amount already paid at the time of cancellation. The Customer will then be able to place a new order with the corrected price.
Article 4 : Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the customer will have to follow a series of specific steps to conclude the contract by electronic means in order to be able to carry out his order. However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address, email, ...);
- Acceptance of the present General Terms and Conditions of Sale.
- Verification of the elements of the order (double click formality).
- Follow the instructions for payment, and payment of the products.
- Delivery of the products.
The customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. During the ordering process, the customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is the French language.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract. For the delivered products, the delivery will be made to the address indicated by the Customer. For the purpose of the order, the Customer undertakes to provide true identification details. The Seller reserves the right to refuse the order, for example for 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 made available to the buyer on the website of the company, as well as, if necessary, the mode of use of the product
In accordance with Article L112-1 of the French Consumer Code, the customer certifies that he/she has received details of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Vendor shall inform the Customer. This contractual information is presented in detail and in the local language available on the site. In accordance with French law, they are summarized and confirmed during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services
Except under special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange the defective products. The refund can be requested by email: email@example.com
According to the article 1641 of the Civil Code, a hidden defect is a defect which makes impossible the use of an object in normal conditions or which strongly decreases the qualities of the product and of which the buyer could not be informed at the time of the sale.
Article 6: Clause of property reserve
The products remain the property of the Company until full payment of the price.
Article 7 : Delivery terms
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This period does not take into account the preparation time of the order.
When the Customer orders several products at the same time, they may have different delivery times.
In case of delay in shipping, Immersive Display will inform the Customer.
In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed with the reimbursement of the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation e-mail in order to follow up the order.
The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier and the Vendor within 3 days of any reservations about the product delivered. No recourse against the carrier is possible in case of non-compliance with these rules.
Article 8 : Availability and presentation
The orders will be treated within the limit of our available stocks or subject to the stocks available at our suppliers. In case of unavailability of an article for a period exceeding 30 working days, you will be immediately warned of the foreseeable delays of delivery and the order of this article could be cancelled on simple request. The Customer will then be able to request a credit note for the amount of the article or a refund.
Article 9 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by the various means proposed on the website (Credit card, PayPal, Transfer)
The cards issued by banks domiciled outside France must be international bank cards. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted and cannot be read during transport on the network.
Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it
In the event of an error, or the impossibility of debiting the card, the Sale is immediately terminated by right and the order cancelled.
Article 10 : Retraction period
In accordance with article L 221-5 of the French Consumer Code, "the consumer has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception of the cost of return". "The period mentioned in the previous paragraph runs from the date of receipt for goods or acceptance of the offer for services
The right of withdrawal can be exercised by contacting the Company by e-mail: firstname.lastname@example.org
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded. The return costs remain the responsibility of the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be marketed again in new condition; they must be accompanied by a copy of the proof of purchase.
The right of withdrawal cannot be exercised for contracts: (article L221-28)
1° Supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express renunciation 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 deferred for more than thirty days and whose value agreed 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 during a specific period;
13. the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived 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 the commercial relations known as in B2B (Business to Business) between professionals, 3 conditions must be joined together so that the company purchaser profits from the same right of retractation:
- 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 the devices sold are covered by the legal guarantee of the hidden defects within the meaning of the article 1641 of the civil code and except contrary opinion mentioned by the salesman, the guarantee of the new products is strictly limited to the "guarantee manufacturer".
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 to benefit from the warranty in this case.
Article 12 : Claims
If necessary, the Buyer can present any complaint by contacting the company using the following coordinates
By email: email@example.com
By telephone: +33 (0)970 71 74 00
Article 13 : Return conditions
The Customer wishing to return a product must have the prior written agreement of our company. The request for return is made by email to the following address firstname.lastname@example.org by completing :
Name and first name
Address - postal code - city
Telephone (to contact you if you need more information)
Brand - Model - Serial number
Product under warranty ? Yes or No
Date of purchase
Reason for the return
Purchase invoice to be attached to the form
Accept the return conditions
No return can be made without the prior written consent of Immersive Display, which is sent to the Customer in the form of a return form with an RMA number (Return Material Authorization).
Once the RMA number is received, the Customer has 14 days to return the product. Any return sent after this period will be systematically refused.
All returns are sent under the responsibility of the customer, the products under warranty must return in their original condition and packaging, new and complete with the RMA number transmitted to the customer. Our product reception service has the right to refuse a non-conforming delivery.
Returns are sent to this address:
IMMERSIVE DISPLAY LOGISTICS
Rue de la Brique
Any return will be charged to the customer. However, the shipping costs will be refunded to the Customer if Immersive Display is found to be responsible.
Once the product(s) is (are) 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 postpone your refund until the day of receipt of your product.
Article 14 : Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 15 : Force majeure
The execution of the obligations of the seller under the present terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 16 : Invalidity and modification of the contract
If one of the stipulations of the present contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 17 : Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, 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, you just need to click on the link at the end of our emails or contact the data controller (the Company) by registered letter with acknowledgement of receipt.
The Company collects and processes the personal data of the Customers for the following reasons:
- Products purchased
- Management of orders, invoices, credit notes, estimates, 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 the processing of personal data for the purpose of selling and delivering products and services defined in this contract.
Our company complies with the new law for data protection (RGPD) entering into force on 25 May 2018.
Article 18: Limitation of liability
Immersive Display shall not be liable and no compensation shall be claimed for any delay in delivery of the Product or for any harmful consequences due to force majeure.
Immersive Display shall not be liable for any direct or indirect damage caused to the Customer as a result of the use of the Product.
Article 19: Applicable law
All clauses in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law. It is made attribution of jurisdiction near the Commercial court of Laval which will be only qualified whatever the dispute.