|Terms and Conditions|
The Seller carries out an e-commerce activity and offers a service for selling Products online on the website www.stackycorp.com
These general conditions (hereinafter referred to as "Conditions") are exclusively reserved for consumer and professional buyers.
ARTICLE 1 - DEFINITIONS
The terms used in the Conditions shall have the meanings given to them below :
ARTICLE 2 - PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in connection with the sale of the Products through the Site.
ARTICLE 3 - SCOPE OF APPLICATION
The Conditions apply to all sales of Products by the Seller to the Buyer, made through the STACKY CORP Site reserves the right to adapt or modify at any time these general conditions of sale. In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order
An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer.
ARTICLE 4 - ORDER
The Purchaser places his Order through the Site. All contractual information is presented in French and English and will be confirmed at the latest at the time of delivery.
Article 4.1: Validation of orders
The Purchaser declares that he/she has read the Conditions before placing his/her Order and acknowledges that the validation of his/her Order implies the acceptance of their terms. The Purchaser further acknowledges that the Conditions are made available to him in a manner that allows them to be stored and reproduced, in accordance with Article 1369-4 of the Civil Code. In order to place the Order, the Buyer must provide the Seller with data concerning him/her and complete an online form accessible from the Site. Until the final step, the Purchaser will have the opportunity to return to the previous pages and correct and modify his Order and the information previously provided. A confirmation Email, acknowledging receipt of the Order and including all this information, will then be sent to the Purchaser as soon as possible. The Purchaser must therefore provide a valid email address when completing the fields relating to his identity.
The offers presented by the Seller on the Site are valid as long as they are visible on the site, within the limits of available stocks.The photographs and descriptions of the products are given for information purposes only, and may be slightly modified without our liability being engaged or the regularity of the sale being disputed.Upon receipt of your order, we check the availability of the ordered product(s).In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by e-mail as soon as it becomes aware of this unavailability.In case of unavailability, we commit ourselves within 30 days from the validation of the order to offer you either an exchange or a refund.In case of stock shortage on one of the products of your order:We ship the rest of your order.
ARTICLE 5 - PRICE - PAYMENT
The prices of the Products indicated on the pages of the Site correspond to the prices inclusive of all taxes and excluding participation in the costs of logistical preparation and shipping.The Seller reserves the right to modify the prices of the Products presented on the Site.However, the Products shall be invoiced to the Purchaser on the basis of the prices in force at the time of validation of the Order.
Article 5.1: Method of payment
Payment for the Order will be made:
By credit card: payment is made by secure bank server at the time of order. This means that no banking information about you is transmitted via the www.stackycorp.com website. Payment by card is therefore perfectly secure. The personal information transmitted from the www.stackycorp.com website to the processing centre is protected and encrypted by the SSL (Secure Socket Layers) system; your order will therefore be recorded and validated as soon as the payment is accepted by the bank.The payment order made by credit card cannot be cancelled. Consequently, payment of the Order by the Purchaser is irrevocable, without prejudice to the Purchaser's right to exercise its right of subsequent withdrawal or cancellation of the Order.
Article 5.2: Transfer of Ownership
The transfer of ownership of the Product to the Buyer shall only take place at the time of full receipt of the price by the Seller. However, as from the receipt of the order by the customer, the risks of the goods delivered are transferred to the customer.
Article 5.3: Default of Payment
STACKY CORP reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
ARTICLE 6 - DELIVERY
STACKY CORP. is contractually bound with La Poste. All packages are shipped via their services.
ARTICLE 7 - CANCELLATION - WITHDRAWAL - REFUND
Article 7.1 - Right of return
Procedure and general conditions:
In order to identify and therefore optimize the processing of returns, any product requiring a return must be the subject of a return request to our services, otherwise it will be refused. The time you have to contact our customer service depends on the reason for the return. The return request must be made to our customer service department firstname.lastname@example.orgA confirmation acknowledging receipt of this return request will be sent to you by e-mail.Upon receipt of the agreement, you have 15 days to return the product to us. After this period, your return will be refused.We advise you to make the return by colissimo suivi. Otherwise, if the package, sent by you, and returned to our services, did not reach us, you would not be able to launch a survey with the postal services to ask them to locate it. Please note that any package not shipped by us is not under our responsibility. Only the sender of the package is in a position to initiate a survey of the postal services.In order to process your request correctly, please remind us of your order number and complete contact details.Please note: Upon receipt, our services will check the conformity of the returned product and the reason for return. If the returned product is not in conformity, it will be refused by our services and will be sent back to you, at your expense. If your return is made for the wrong reason, your product may be refused and therefore sent back to you at your expense. In particular, the reason for return may be reclassified.
Article 7.2: Right of return for Withdrawal
As from the receipt of the Product by the Purchaser, he has a withdrawal period of 7 days, allowing him, without having to justify any particular reasons, to return the delivered Product.If the Buyer makes use of this right of withdrawal within 7 clear days of receipt of the Product, the Seller undertakes to refund the Buyer without delay and at the latest within thirty days following the date on which this right was exercised.
CAUTION: No retraction will be accepted if the returned product is unsuitable for re-marketing. Therefore: - The product must be returned in perfect condition, in its original packaging, undamaged, unmarked. The product must be accompanied by all its accessories.Otherwise, the product will be returned to you, at your expense.The return postage costs will be at the expense of the Purchaser.To exercise this right, the Purchaser must first contact customer service email@example.comA confirmation acknowledging receipt of this return request will be sent to him by e-mail.Products purchased in the "sale/sale" collection will not be returned or exchanged.
Article 7.3 Returns for reference error
Methods of return
You have 15 days to inform us that the product received is not the product ordered: reference error, problem with size, color, characteristics, completely different product, defective... so that our customer service can assign you a return agreement number.The product must be returned in good condition and in its original packaging, even if the latter has been opened, with all its contents (accessories, cords, instructions...).In order to process your request correctly, please remind us of your order number and complete contact details.
Processing your return for reference error
After receipt and acceptance of your package by our services, depending on the nature of the product, the stocks available and according to your wishes, we will propose to send you back the product initially ordered or an exchange product with equivalent characteristics.If you have chosen to be refunded, the amount of the entire order (product(s) + shipping costs if your order consists of only one product) will be credited back to the account debited within 15 days of accepting your return.
After receiving and accepting your package, upon presentation of a proof of the costs incurred our customer service will refund them by sending a check or credit to your account.To be noted: The amount of the reimbursement of these costs will be based on the general public rates in force, communicated by La Poste for tracking colissimo. The maximum amount of reimbursement may not exceed €15 including VAT.
ARTICLE 8 - GUARANTEE
Without prejudice to his aforementioned right of withdrawal, the Purchaser benefits from the guarantee against hidden defects on the Product as provided for in Article 1641 of the Civil Code.In addition, if the Product received by the Purchaser does not conform to the Product indicated in his Order, this Product will be replaced or refunded, depending on the Purchaser's expressed wish.
ARTICLE 9 - LIABILITY
The Seller's liability is limited to direct and foreseeable damages that may result from the Buyer's use of the Site and the Products delivered.The Seller shall not be held liable if the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable fact of a third party outside the provision of the services provided for in the Conditions, or to an unforeseeable, irresistible and external case of force majeure.The Seller shall not be liable for damages resulting from the Buyer's fault in connection with the use of the Products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All the elements published on the Site, such as sounds, images, photographs, videos, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the Seller.The Purchaser undertakes not to infringe the intellectual property rights relating to these elements and in particular not to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part of them, with the exception of acts necessary for their normal and compliant use.
ARTICLE 11 - PERSONAL DATA
The Buyer is informed that, during his navigation and within the framework of the Order, personal data concerning him are collected and processed by the Seller.This processing is subject to a declaration to the Commission Nationale Informatique et Libertés in accordance with law n°78-17 of 6 January 1978.The Buyer is informed that his data:
The Seller also undertakes to take all necessary precautions to preserve the security of the data, in particular if it is distorted, damaged or accessed by unauthorised third parties.This data is used for the processing of the Order as well as to improve and personalize the services offered by the Seller.They are not intended to be passed on to third parties.The Purchaser has the right to object to the processing of personal data concerning him and to the use of such data for prospecting purposes, in particular for commercial purposes.The Buyer may ask the Seller for confirmation that personal data concerning him are or are not being processed, information relating to the purposes of the processing, the categories of
ARTICLE 12 - Evidence Agreement
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures to ensure the confidentiality of the data exchanged are put in place.Both Parties agree that the E-mails exchanged between them shall validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of Orders.
ARTICLE 13 - PARTIAL INVALIDITY
If one or more of the provisions of the Conditions are found to be unlawful or void, such invalidity shall not have the effect of invalidating the other provisions of these Conditions, unless such provisions are inseparable from the invalidated provision.
ARTICLE 14 - APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 15 - ALLOCATION OF COMPETENCE
The Parties agree that in the event of any dispute that may arise regarding the performance or interpretation of the Terms and Conditions, they shall endeavour to find a compromise solution
.In the event of failure of this attempt to resolve the dispute amicably, it will be brought before the competent courts.
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COPYRIGHT 2019 STACKY CORP registered trademark with the INPI.