Article 1 - IDENTITY
1.1. Publisher's Identity
The website www.3dvirtualmarket.com is published by the 3D VIRTUAL MARKET Company, SARL with capital of € 10.000,00 registered to RCS Marseille under the number 808 632 863, headquartered at 22, Boulevard Charles Moretti - 13014 Marseille - FRANCE.
The VAT number is FR90808632863
Contact email : firstname.lastname@example.org
The editor is Mister Edmond Garnier.
1.2. After-sales service
The after-sales services is available Monday to Friday, from 8am to 5pm by email email@example.com or by post at 22, Boulevard Charles Moretti -13014 Marseille - FRANCE.
OVH - 2 rue Kellermann - 59100 Roubaix - France.
Article 2 – ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
Any Customer placing an order on the website www.3dvirtualmarket.com shall be deemed to have accepted these General Terms and Conditions of Sale.
In conformity with the laws in force, a customer has the option of printing these General Terms and Conditions of Sale and/or saving them in digital format. The GTCS are available upon registration and may be consulted at any time by clicking on the hypertext link located at the bottom of the website pages.
Article 3 – SCOPE OF GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale is to specify the terms and procedures with respect to online sales of virtual objects offered by 3D VIRTUAL MARKET via the website www.3dvirtualmarket.com.
Article 4 – DESCRIPTION OF SERVICES
3D VIRTUAL MARKET is the publisher of the website which permits customers to order virtual objects designed by 3D VIRTUAL MARKET employees.
Article 5 – TERMS OF ORDER PLACEMENT
If a customer fails to fill out any of the mandatory fields, the registration cannot be approved and no orders may be placed.
The customer agrees to provide accurate information and to keep such information up-to-date via the heading "Information".
Once a customer has filled out the registration form they will receive an e-mail, at the address they indicated, which will inform them about their registration.
The customer will be deemed to have represented that they are over 18 years old, have full legal capacity or have proper parental authorisation or the authorisation of their legal guardian which permits them to place orders on the website. In addition, the customer shall be deemed to have represented that they have accepted these General Terms and Conditions of Sale which do not require a handwritten signature to be accepted and are binding upon a customer upon validation of the online order and payment of such order.
5.1.2. Username and password
In order to access their online account, a customer is required to select an email and a password.
The password is strictly personal and must remain confidential. The lending or assignment of a password is strictly prohibited, whatever the reason therefor. The customer shall be solely responsible for maintaining the confidential nature of their password.
In the event of the theft or loss of the password or a breach of confidentiality, the customer should click upon the link "Forgotten Password?" to re-initialise their password.
The Parties agree that any connection to the website www.3dvirtualmarket.com using the email and the password shall be automatically deemed to have been made by the customer. The customer agrees to assume all liability for the consequences thereof.
In the event the customer "cleans" their computer, the memorised information will be deleted. At which point it will be up to the customer to renew the operation for the memorisation of such identification information.
5.2. Choice and characteristics
A customer selects the virtual object or objects which upon selection are then placed in their online basket.
The technical information as well as the digital format available for each virtual object are indicated in the corresponding file for the object. Customers agree to carefully read such information prior to issuing an order in order to ensure that the virtual object meets their requirements.
A customer has the option of placing virtual objects in a "Wishlist" which represents a "list of intended purchases", that permits one or more objects to be placed aside for a possible future order. A customer can consult their "Wishlist" at any time, by clicking on the heading "My Wishlist" in "My Account".
If a customer wishes to order the virtual objects included in their "Wishlist", the customer is required to click on the icon "Add to Cart" and complete their order in accordance with the terms of Article 5.3 of these General Terms and Conditions of Sale.
The Customer is solely responsible for any information that the Customer furnishes upon issuing the order and in particular the e-mail address to which the information for downloading the virtual object will be sent. 3D VIRTUAL MARKET shall have no liability in the event of an incomplete or erroneous e-mail address and may not be held liable for the consequences of any possible error in such information.
In certain countries, the laws in force may prohibit or restrict free access to certain artistic works; the customer is required to verify, with respect to the location from where the order was placed, that they are not covered by such prohibitions or restrictions.
When a customer has selected their virtual objects, they are required to click on the basket and verify the content of their order.
If the customer is not yet registered with the website, they are required to register in accordance with the terms indicated in Article 5.1 of these General Terms and Conditions of Sale.
Upon validation of the basket, a summary of the order will appear with the price excluding tax, the amount of the taxes, as well as the price including all taxes.
Prior to definitively confirming the order, a customer has the option of verifying their entire order, i.e. the virtual objects, the quantities and the billing address. A customer also has the option of modifying and/or supplementing their order.
When a customer has verified their order, they are required to validate it and pay the amount indicated by one of the payment methods offered by www.3dvirtualmarket.com.
Customers are informed that all orders require payment except for orders with respect to virtual objects that are offered free of charge.
5.4. Order confirmation and downloading the virtual object
When a customer has paid for the ordered virtual object or objects, they will receive a confirmation e-mail at the e-mail address they provided at the time of registration.
This confirmation e-mail will include a summary of the order, the order number as well as a hypertext link permitting downloading of the ordered virtual object or objects.
The heading "Order History and Details" and “My Dowloads” provides a summary of all of the virtual objects previously purchased, and also permits them to be downloaded or re-downloaded.
In the event that an ordered and downloaded virtual object is withdrawn from sale, the customer will have the option of re-downloading it for a period of two (2) years, via "My Account" / "My Downloads".
3D VIRTUAL MARKET shall have no liability for any damage resulting from inappropriate use or inappropriate storage of a virtual object ordered by the customer.
At first purchase, the customer have to fill the requests fields necessary for invoice.
This information are saved after the first invoice.
When the customer will make another purchase, he can:
- use invoice’s address provided
- use another invoice’s address
When the order is completed, an invoice will be sent to the customer by e-mail, and a copy will be included in their online account under the heading «Order History and Details".
The heading “Order History and Details” contains the list of all of the objects previously purchased, as well as the corresponding invoices which are downloadable in PDF format.
Article 6 - FINANCIAL TERMS AND CONDITIONS
Prices for virtual objects are in euros including all taxes. The prices include VAT at the rate in force as well as any applicable discounts available as of the date of the order.
When a customer places an order, the website www.3dvirtualmarket.com displays and automatically applies the amount of the tax due, as a function of the customer's country of residence, as previously provided at the time of their registration.
The VAT rates in force in the European Union as of 1 January 2016 are as follows:
|Member State||Abbreviations||Normal Rate|
Virtual objects placed in a customer's "Wishlist", are included in any promotions as well as any price increases applicable at the time of the issuance of the order.
In the event that a customer has placed a virtual object subject to a promotion in their "Wishlist", they are reminded that the price of the virtual object will be the price in force as of the date of the order.
The customer shall be deemed to have represented that the method of payment used will provide access to sufficient funds to cover all costs resulting from the orders they placed on the website www.3dvirtualmarket.com.
6.2.1. Payment by CB
Information with respect to a customer's credit or debit card is secured by encryption in order to protect as efficiently as possible any sensitive data related to the method of paiement.
The customer shall be deemed to have represented that there are fully authorised to use the payment card for the payment of the orders placed on the website www.3dvirtualmarket.com.
3D Virtual Market accepts the following credit and debit cards : CB, Visa, or Master Card.
Payment is secured by Paypal.
6.2.2. Payment by paypal
Payment is also possible directly through a customer's PayPal account.
The amount of the purchases will be immediately debited from the customer's PayPal account. The order will be deemed to be definitive upon confirmation of consent from the banking institutions.
It is incumbent upon the customer to save and print the payment certificate if they wish to retain the banking details with respect to their transaction.
Article 7 – UNAVAILABILTY OF VIRTUAL OBJECT ORDERED OR OF THE OBJECT SELECTED IN THE WISHLIST
7.1. Unavailability of the virtual object ordered
In the event that the virtual object is no longer available from the website www.3dvirtualmarket.com, 3D VIRTUAL MARKET agrees to inform the customer as promptly as possible and to reimburse them within a maximum time-limit of fourteen (14) days.
3D VIRTUAL MARKET will provide the reimbursement using the same method of payment as that used by the customer, unless the customer expressly requests a different method of payment. In all circumstances, whatever the method of reimbursement used, the customer will not be charged anything for the reimbursement.
7.2. Object selected in the wishlist
In the event that a customer has placed a virtual object in their "Wishlist", and such item has subsequently been withdrawn, the customer cannot add the item to their basket, and a notice will inform them of this.
Article 8 - NO RIGHT OF RETRACTION
In conformity with Article L.221-28 13° of the French Consumer Code, the right of retraction cannot be exercised for contracts with respect to "the supply of digital content not provided on physical media for which performance has commenced with the prior express consent of the consumer and with a waiver of their right of retraction".
In consequence, when a customer orders a virtual object on the website, www.3dvirtualmarket.com, they are expressly informed that they cannot exercise a right of retraction pursuant to Article L. 221-28 13° of the French Consumer Code. Furthermore, validation of the order on the website www.3dvirtualmarket.com shall be deemed an express waiver of the right of retraction as well as acceptance of an immediate right to download the virtual object.
Article 9 – CLOSING THE CUSTOMER’S ACCOUNT
9.1. Closure the account by the customer
A customer may close their account at any time by going to the heading "Contact" to inform 3D VIRTUAL MARKET that he want to unsubscribe himself.
3D VIRTUAL MARKET then agrees to close the customer's account within a time-limit of fifteen (15) calendar days.
Customers are informed that if they close their account, all previous downloads and orders will be lost.
A customer will thus be responsible for taking all necessary measures to recover the invoices, documents and information prior to the definitive closure of their account.
9.2. Closure the account by 3D VIRTUAL MARKET
3D VIRTUAL MARKET reserves the right to deregister and close the account of a customer who breaches any of the provisions of these General Terms and Conditions of Sale.
Customers will be informed by e-mail and the account will be closed within a time-limit of fifteen (15) calendar days from the date of notice from 3D VIRTUAL MARKET.
In consequence, all invoices, documents and information included in the customer's account in question will be lost.
When a customer's account is closed for non-compliance with any of the provisions of these General Terms and Conditions of Sale, such customer may not reregister with the website www.3dvirtualmarket.com.
Article 10 – LEGAL GUARANTEE
10.1. Legal guarantee of conformity
If at the time a virtual object is downloaded, the file is damaged (conformity defect) or does not correspond to the customer's order, the customer must submit a claim to 3D VIRTUAL MARKET by clicking on the heading "Contact" as soon as possible.
To the extent possible, 3D VIRTUAL MARKET agrees either to replace the virtual object by sending the customer another download link or to reimburse the price of the ordered virtual object within thirty (30) days of the date the customer informs 3D VIRTUAL MARKET of its choice.
Customers are informed that they are entitled to benefit from the statutory warranties covering conformity as well hidden defects.
Upon receipt of the claim, 3D VIRTUAL MARKET agrees to immediately study the nature of the problem and to correct it within a time-limit of one (1) month.
Article L.217-4 of the French Consumer Code
"A Seller is obligated to deliver a good in conformity with the contract and is liable for defects in conformity existing as of the time of delivery.
It is also liable for defects in conformity resulting from packaging, assembly instructions or installation when such installation was covered by the contract or was completed under its liability".
Article L.217-5 of the French Consumer Code
"In order to be in conformity with the contract, the good must be:
1° Fit for the customarily expected purpose of a similar good and, if applicable:
- correspond to the description data provided by the seller and possess the qualities that the seller presented to the purchaser in the form of a sample or model;
- include the qualities that a purchaser can reasonably expect having regard to the public statements made by the seller, the producer or their representative, including in any advertising or labelling; or
2° Include the characteristics mutually agreed by the parties or specific to the specific use sought by the purchaser, which they informed the seller of and the latter accepted".
Article L.217-7 of the French Consumer Code
"Defects in conformity which appear within a time-limit of 24 months from delivery of the good shall be presumed to have existed as of the time of delivery, unless there is proof to the contrary.
For second-hand goods, the time-limit referenced in the first paragraph shall be reduced to six months.
The seller may overcome such presumption if it is not compatible with the nature of the good or the claimed defect in conformity."
Article L.217-9 of the French Consumer Code
"In the event of a defect in conformity, the purchaser shall have a choice between repair and replacement of the good.
However, the seller is not obligated to respect the purchaser's choice if such choice involves a cost that is manifestly disproportionate having regard to the other method, taking account of the value of the good or the significance of the defect. The seller may then proceed, unless it is impossible, in accordance with the procedure not selected by the purchaser."
Article L.217-10 of the French Consumer Code
"If repair or replacement of good is impossible, the purchaser may return the good and be reimbursed for the price or keep the good and be reimbursed for a portion of the price.
This same option is available:
1° If the solution requested, offered or agreed pursuant to Article L. 217-9 cannot be implemented within a time-limit of one month from the purchaser's claim; or
2° If such solution cannot take place without major inconvenience for the purchaser given the nature of the good and the usage for which it was purchased.
However, the sale may not be rescinded if the defect in conformity is minor".
Article L.217-12 of the French Consumer Code
"The time-limit to bring proceedings for a defect in conformity is two years from the delivery of the good".
Within the framework of the statutory warranty of conformity, a customer has a period of two years in which it must act. It has the option of choosing between repair or replacement of the good, subject to the conditions as to costs specified in Article L.217-9 of the French Consumer Code. Customers are informed that a customer is relieved of the burden of proof as to the existence of a defect in conformity for a period of 24 months following delivery were good, with the exception of second-hand goods.
This statutory warranty of conformity is independent of any applicable commercial warranty is granted.
In addition, a customer may assert the warranty against hidden defects in an item sold pursuant to the definition contained in Article 1641 of the French Civil Code. In such hypothesis, the customer may choose between rescission of the sale and a reduction in the sale price in conformity with Article 1644 of the French Civil Code.
10.2. Legal guarantee against hidden defects
Article 1641 of the French Civil Code
"The seller is bound to a warranty against hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects".
Article 1644 of the French Civil Code
"Under Articles 1641 and 1643, the buyer has the choice of either returning the item and having the price returned to him or keeping the item and having a portion of the price returned to him."
Article 1645 of the French Civil Code
"If the seller was aware of the defects in the item, he is bound not only to return the price he received but also all damages the buyer has suffered".
Article 1646 of the French Civil Code
"If the seller did not know of the defects in the item, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale".
Article 1648 para 1 of the French Civil Code
An action resulting from a latent defect must be brought by the buyer within two years of the discovery of the defect".
Article 11 – CONSERVATION OF IDENTIFICATION DATA
In conformity with Article 6-II of the Act with respect to confidence in the digital economy no. 2004-575 of 21 June 2004 and its application Decree no. 2011-219 of 25 February 2011, 3D VIRTUAL MARKET has a statutory obligation to retain the identification data for the persons who have created an account.
3D VIRTUAL MARKET may be required to disclose such identification data pursuant to a court order.
Article 12- PERSONAL DATA
In order to register for the website www.3dvirtualmarket.com, a customer is required to complete an online form.
Certain of the information requested constitutes personal data.
Any personal data is recorded and retained by 3D VIRTUAL MARKET, which agrees to respect the confidentiality of any personal data transmitted.
The personal data collected by 3D VIRTUAL MARKET such as the e-mail address are necessary for registration, for the management of the orders, for invoicing as well as for promotional e-mails and newsletters in order to personalise the communications.
If the customer wishes to receive newsletters from 3D VIRTUAL MARKET, the customer is required to check the box, provided for such purpose, at the time of their registration and/or their order. The customer may cease subscribing for newsletters at any time by clicking on the link "unsubscribe" contained in the promotional e-mail (newsletter).
Personal data is intended for 3D VIRTUAL MARKET and its partners.
Customers are expressly informed that 3D VIRTUAL MARKET will be obligated to communicate all or a portion of a customer's personal data if it is ordered to do so by the judicial authorities.
The person responsible for the processing of personal data is Mr Edmond Garnier.
In conformity with the Act on Information Technologies and Freedoms of 6 January 1978, a customer has a right of access, rectification and deletion with respect to their personal data.
To exercise such rights, a customer should send an e-mail to the following address : firstname.lastname@example.org.
Indicating their family name, forenames, mailing address and their e-mail address accompanied by a copy of an identity document.
The file has been the subject of a declaration to the CNIL under no. 1973086.
Article 13 - COOKIES
13.1. What is a cookie?
Cookies are small text files that your computer downloads each time you visit a website. When you return to the website or access sites using the same cookies, the websites recognise the cookies and hence recognise your computer or your mobile device.
Cookies may not be used to collect data from a customer's hard disk, install a virus, read a customer's e-mail address or acquire personal information.
13.2. What is the purpose of the cookies installed by 3D VIRTUAL MARKET
The cookies that may be installed by 3D VIRTUAL MARKET permit:
- the establishment of visitation and use statistics for the various items comprising the 3D VIRTUAL MARKET website which are used to improve the ergonomics and attractiveness of the website,
- the adaption of the presentation website published by 3D VIRTUAL MARKET to the display preferences of the customer's device during their visit to the website,
- the implementation of security measures,
- the memorisation of information with respect to the forms filled out by the customer,
- the customer to access reserved and personal spaces existing on the website published by 3D VIRTUAL MARKET,
- the presentation of advertising that is as relevant as possible for the customer.
13.3. Use of shared devices by a customer
The customer shall be solely responsible and entirely liable for any use of their device by other persons and for the configuration of the settings on their browser.
The interest in seeing personalised advertising adapted to the customer's browsing.
3D VIRTUAL MARKET's objective is to present you with the most relevant advertising possible. To achieve this, cookie technology permits the determination of what advertising is displayed on a device, in real-time, in accordance with your recent browsing history on one or more websites.
The customer's interest is to have advertising displayed that corresponds to the customer's interests. Similarly, advertisers providing advertisements, want their advertisements displayed to users who are likely to be interested by such advertisements.
Issuance of cookies via third-party content displayed in advertising spaces.
The advertising content displayed in the advertising spaces on 3D VIRTUAL MARKET may contain cookies from third parties. These cookies may originate from the advertiser or from a third party service provider for the advertising such as a public relations firm or an advertising agency using the advertising spaces on 3D VIRTUAL MARKET.
In most cases, the purpose of these cookies is to count the number of times the advertising content distributed via the advertising spaces on 3D VIRTUAL MARKET is displayed, identify the advertising displayed, the number of users who clicked on each advertisement, permit the calculation of the sums due as a consequence of this, establish statistics and recognise your device during subsequent browsing on any other site or services on which the advertisers or the third parties have also placed cookies and, if applicable, adapt these third-party sites and services or the advertising they contain, to the known browsing history of your device.
Cookies also permit advertising agencies to adapt the advertising spaces they are using to the display preferences of the customer's device in accordance with the display hardware and software that is included on the customer's device.
13.5. “FLASH®” cookies from “Adobe Flash Player”
Adobe Flash Player® is a software application that permits the rapid development of dynamic content using the "FLASH" software language. Flash (and similar applications) memorise the parameters, preferences and use of such content thanks to a technology that is similar to cookies. However, "Adobe Flash Player" manages this information and your preferences via a different interface to that furnished by your browser software.
To the extent that your device is equipped to visualise content developed using the "FLASH" language, the Seller is then required to access the tools for the management of FLASH cookies directly from Adobe's website at the following address: http://www.adobe.com/fr/.
13.6. Cookies provided by third parties as a consequence of third-party applications included on our website or on social networks
The website published by 3D VIRTUAL MARKET users social network plug-ins, including Pinterest, Facebook, Twitter, Instagram, Google+ and Behance.
If the customer interacts through one of these plug-ins, the information related to the Seller's browsing on the website published by 3D VIRTUAL MARKET and its membership of these social networks will be transmitted and recorded by the server of the company operating the social network in question and shared in accordance with the customer's account parameters for these social networks, in conformity with the terms for the use of the social network in question.
If a customer does not wish the social network in question to link the information collected through the site published by 3D VIRTUAL MARKET to their user account, the customer must log off the social network prior to visiting the site published by 3D VIRTUAL MARKET.
The customer is expressly informed that the use of these plug-ins or buttons is managed by the social networks and subject to the terms and conditions agreed between the customer and the social network the customer belongs to.
13.7. The customer's options as to cookies as a function of the browser used
The customer has the option of preventing the saving of cookies by configuring their browser appropriately. However, if the customer decides to delete these cookies, the customer will then have to renew the operation.
Similarly, if the customer decides to browse using another browser, it will be necessary to delete the cookies on the second browser.
The "help" menu on each browser will provide you with information as to how you can express your choices and modify them with respect to cookies:
For Safari ®: Choose Safari> Preferences and click Security; click Show cookies and select the desired options or http://docs.info.apple.com/article.html path = / 3.0 / en / 9277.html?.
For Firefox®: Open the Tools menu and select Options; Click the Privacy tab and select the desired options or: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies.
For Internet Explorer®: Open the Tools menu and select Internet Options; Click the Privacy tab and select the desired level or: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies.
For Chrome®: Open the setup menu (wrench wheels logo), select Settings; click Advanced Settings and click Content settings and choose the options you want, or: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647.
For Opera®: Open the Tools menu and select Preferences; click the Advanced tab, and then under the heading Cookies click Manage cookies; Choose the desired options or: http://help.opera.com/Windows/10.20/fr/cookies.html.
The client also has the ability to connect to the site http://www.youronlinechoices.com/fr/ offered by professional digital advertising grouped within the European association EDAA (European Digital Advertising Alliance) and managed in France by interactive Advertising Bureau (IAB) France.
The customer will know the companies listed on this platform and offers the option to refuse or accept the cookies used by these companies to suit your browsing information advertisements may be displayed on your terminal: http://www.youronlinechoices.com/fr/controler-ses-cookies/.
This European platform is shared by hundreds of Internet advertising companies and is intended to act as a centralised interface for you to express your choice as to your acceptance or rejection of cookies intended to adapt the advertising displayed on your device to its browsing history.
However, this procedure does not prevent the display of advertising on the websites you visit. It only blocks technologies which permit the advertising to be adapted to your interests.
Article 14 – INTELLECTUAL PROPERTY
3D VIRTUAL MARKET is the holder of all copyright with respect to its website in its entirety and to each item, including the graphics charter, the editorial content, the photographs, software, designs, database and rights of the producer.
Any reproduction in whole or in part of the content of the website without the prior written authorisation of 3D VIRTUAL MARKET will constitute an act of infringement which may be the subject of legal proceedings.
No order placed upon the website www.3dvirtualmarket.com shall result in any transfer of ownership to the customer.
14.2. Virtual objects
The virtual objects included on the website www.3dvirtualmarket.com are protected by French copyright law and the downloading of virtual objects ordered shall not in any circumstances transfer any of the intellectual property attached thereto to the customer.
3D VIRTUAL MARKET as well as the artists included on the website www.3dvirtualmarket.com shall retain all ownership rights as to the virtual objects.
Hence, in no circumstances may a customer reproduce, represent, modify, transmit, publish, adapt, on any media whatsoever, by any method whatsoever, or commercially exploit the virtual objects ordered, without the prior written authorisation of 3D VIRTUAL MARKET or of the artists included on the website www.3dvirtualmarket.com.
A customer who fails to comply with the provisions of this article will be guilty of an act of infringement punishable by three years of imprisonment and a fine of 300,000 euros, in accordance with Article L.335-2 of the Intellectual Property Code.
The virtual objects ordered and downloaded by a customer are strictly reserved for their private and personal use and are therefore prohibited for resale.
The customer agrees not to modify or remove the logos, trademarks, pseudonyms and names of the artists included in the downloaded virtual objects.
Article 15 - MODIFICATION OF GENERAL TERMS AND CONDITIONS OF SALE
3D VIRTUAL MARKET reserves the right to amend these General Terms and Conditions of Sale including as a consequence of changes and/or modifications in its headings, changes in the law and/or in the case law.
The new General Terms and Conditions of Sale shall apply and shall be binding upon the customer with respect to any sale made subsequently to the entry into force of such General Terms and Conditions of Sale.
Article 16 - HYPERLINKS
The hypertext links included on the website www.3dvirtualmarket.com have been inserted in compliance with the rules in force.
However, 3D VIRTUAL MARKET provides no warranty as to the websites targeted by such hypertext links. In consequence, 3D VIRTUAL MARKET shall have no liability in such regard.
Article 17 - TOLERANCE
It is expressly agreed that any toleration or waiver by 3D VIRTUAL MARKET of the application of all or a portion of the obligations specified in these General Terms and Conditions of Sale, whatever the frequency and duration thereof, shall in no circumstances be deemed to be an amendment of these General Terms and Conditions of Sale, nor generate any rights whatsoever.
Article 18 - DISABILITY OF CLAUSE OF GENERAL TERMS AND CONDITIONS OF SALE
In the event that one or more clauses of these General Terms and Conditions of Sale are held to be null and void, illegal or found to be unenforceable for any reason whatsoever, the validity, legality or enforceability of any other provision of these General Terms and Conditions of Sale shall in no way be affected or altered.
Article 19 - APPLICABLE LAW AND LANGUAGE
It is expressly agreed that these General Terms and Conditions of Sale shall be governed by and subject to French law. The governing language shall be French version.
Article 20 - PREVIOUS COMPLAINT
In the event of a dispute, the customer must first contact 3D VIRTUAL MARKET in order to attempt to reach an amicable settlement.
All claims with respect to orders should be addressed, by registered letter with acknowledgement of receipt, accompanied by the evidentiary documents, to 3D VIRTUAL MARKET at the following address:
3D VIRTUAL MARKET - 22, Boulevard Charles Moretti - 13014 Marseille - FRANCE.
In the event that no amicable settlement can be found, the customer has the option of contacting the online dispute resolution platform established by the European Commission. The address of the platform is as follows:
In application of the article 21 of the consumer code (decree n°2015-1300 of August 20, 2015 on alternative dispute resolution for consumer disputes, the customer can resort free of charge to a mediator of the consumption with the aim of the amicable resolution of a possible dispute within the framework of the execution of one of your orders by contacting “Le Centre de médiation et de règlement amiable des huissiers de justice (Médicys – 73, boulevard de Clichy - 75009 Paris Tél. : 01.49.70.15.93) the website which is http://www.medicys.fr.
You will find for it the electronic link https://app.medicys.fr allowing you to reach an internet platform of on-lone dispute settlement organized for that purpose.
To do it, you have to justify to have tried, beforehand, to solve the dispute directly with 3D VIRTUAL MARKET by a written complaint according to the terms of the
o The customer t is informed that the mediation is excluded for:
o The complaints carried by the customer with the customer service of 3D VIRTUAL MARKET The direct negotiations between the customer and the professional
o Proceedings brought by a customer against a professional
You have the possibility, at your expenses, to be represented by a lawyer or assistance of any person of your choice.