Conditions of use


General terms and conditions of e-commerce sales

Between BigBang Miniatures,

13 rue de la Haie Brout, 76800 Saint Etienne du Rouvray.

The company can be reached by clicking on the contact form accessible via the site’s “Contact” page, or by e-mail at “bigbangminiatures@gmail.com”

Below is the “Seller” or “BigBang Miniatures”.

On the one hand,

And the natural or legal person purchasing the company’s products or services,

Hereinafter, the “Buyer”, or “Customer”

On the other hand,

It was stated and agreed as follows:

PREAMBULE

The Seller is the publisher of Figurine Products and Services for consumers, marketed through its website (http://https://bigbang-miniatures.mozello.fr/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties

in connection with the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) govern sales of Products or Services, made through the websites of the association, 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 these terms at any time by publishing a new version on its website. The GTCS applicable at the time are those in force on the date of payment of the order. These GTCS are available on the Company’s website at the following address:


https://bigbang-miniatures.mozello.fr/conditions/

The association also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have 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 to accept them without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure the adequacy of the offer to his needs.

The Client declares to be able to enter into a legal agreement under French law or to represent the natural or legal person for whom it is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price
The prices of the products sold through the websites are indicated in Euros including all taxes (VAT + other taxes if any) on the ordering page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not the responsibility of the Seller.

They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The association reserves the right to change its prices at any time for the future. The Customer shall be responsible for the telecommunications costs necessary for access to the Association’s websites. If applicable, delivery costs.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically to be able to carry out his order:;

Information on the essential characteristics of the Product; & #8211; Choice of the Product, if any, of its options - Indication of the Customer’s essential contact details (identification, email, address, etc.); & #8211; Acceptance of these General Conditions of Sale & #8211;

Verification of control elements (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the opportunity to check the details of his order, his price, and to correct any errors, or cancel his order. The confirmation of the order will give rise to this contract. & #8211; Then follow the instructions for payment, payment of the products, then delivery of the order. 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 any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is french or english.

The archiving of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable support in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be provided as evidence of the contract.

For the delivered products, delivery will be made to the address indicated by the Customer. For the purposes of the proper execution of the order, the Customer undertakes to provide its truthful identification elements. 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 shall be made available to the buyer on the websites of the association, as shall, where appropriate, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer shall be informed, by means of marking, labelling, display or any other appropriate method, the prices and special conditions of the sale and performance of the services before any conclusion of the contract of sale. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, which does not include the shipping costs invoiced in supplement. Any such costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies that he has received details of the costs of delivery as well as the terms of payment, delivery and performance of the contract, as well as detailed information relating to the seller’s identity, postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to honour the Customer’s order within the limits of stocks of Products available only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller refunds.

The contractual informations is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of the offer of the Products and their prices are specified on the Company’s websites. Except in the case of special conditions, the rights granted hereunder are solely to the natural person signing the order (or the person holding the email address communicated).

Article 6: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the current requirements relating to the safety and health of persons, the loyalty of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects of the product.

In accordance with article L.217-4, the seller delivers a good that complies with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to it by the contract or has been carried out under its responsibility
In accordance with the legal provisions on conformity and hidden defects (art. 1641 c. civ.), the Seller shall refund or exchange defective or non-compliant products. The refund can be requested as follows: Contact the association by email in order to define the terms of exchange, return, or refund.

Article 7: Retention of Title Clause

The products remain the property of the Company until the full payment of the price.

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated at the time of the order and within the indicated deadlines. These periods do not take into account the time required to prepare the order.

In case of delay of shipment, you will be informed by mail.

The Seller makes available a telephone contact point (cost of a local communication from a fixed post) indicated in the order confirmation email to ensure the follow-up of the order. The Seller recalls that when the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.

Article 9: Availability and Presentation
If an item is unavailable for a period of more than 30 working days, you will be immediately notified of the expected delivery times and the order for this item may be cancelled upon request. The Customer may then request full refund of the item and cancellation of the order.

Article 10: Payment

Payment is due immediately upon order, including for pre-order products. The Customer can make payment by Paypal.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving a reason, within fourteen (14) days from the date of receipt of his order.

The right of withdrawal may be exercised by contacting the Company as follows: by email.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product or products purchased and the shipping costs will be refunded, the costs of return remaining at the expense of the Customer. The returns of the products are to be made in their original state and complete (packaging, accessories, instructions & #8230;); they must be accompanied if possible by a copy of the proof of purchase.

Article 12: Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to the hidden defects of the products. The Seller shall refund the Buyer or exchange the products which appear to be defective or which do not correspond to the order made. The refund request must be made as follows: by email.

Article 13: Claims and Mediation

If applicable, the Buyer may make any claim by contacting the company using the following contact details bigbangminiatures@gmail.com.

In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions laid down in Title I of Book VI of the French Consumer Code.
In case of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently try to bring the parties together in order to obtain an amicable solution.

Article 14: Termination of the contract

The order may be resolved by the buyer by registered letter with acknowledgement of receipt in the following cases: - delivery of a product not complying with the specifications of the order.

Article 15: Intellectual Property Rights
Trademarks, 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 carried out through these GTCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force Majeure

The performance of the Seller’s obligations hereunder shall be suspended in the event of the occurrence of an accidental event or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.


Article 17: Nullity and modification of the contract

If one of the stipulations of this contract is cancelled, this nullity would not lead to the nullity of the other stipulations which will remain in force between the parties. Any contractual amendment shall be valid only after a written agreement signed by the parties.

Article 18: Protection of personal data

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 shall process personal data for the purpose of selling and delivering products and services defined in this contract.

Article 18: Applicable law and clauses

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, shall be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

Article 19: Consumer Information

For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: if he had known them.

Article 1648 of the Civil Code: The action resulting from the repulsive defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for in article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller may be discharged of apparent defects or defects of conformity.

Article L. 217-4 of the French Consumer Code:
The seller delivers goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery.

It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.

Article L. 217-5 of the French Consumer Code: The property complies with the contract:

1) If it is suitable for the customary use of a similar property and, if applicable:
- it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model;
- if it presents the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the issue of the property.

Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty.
This period shall run from the date on which the buyer requests to intervene or the date on which the property in question is made available for repair, if such provision is subsequent to the request for intervention, the competent Court shall be that of Poitiers, France.


“Our General Terms and Conditions of Sale have been developed using a free, open source template that can be downloaded from the -https://www.donneespersonnelles.fr/"