GTC

v1.0.1 dated 01/08/2022


These general conditions of sale apply to all sales concluded on the Octogone 3D website.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

1 - Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Octogone 3D website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

These general conditions of sale are valid without an end date.


2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Octogone 3D website.

These conditions only concern purchases made on the Octogone 3D website and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, a message should be sent to the following e-mail address: contact@octogone3d.com.

3 - Pre-contractual information

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code.

The following information is transmitted to the buyer in a clear and understandable manner:

  • the essential characteristics of the property
  • the price of the good and/or the method of calculating the price
  • if applicable, all additional costs of transport, delivery or postage and all other possible charges payable
  • in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price
  • information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms and conditions for implementing guarantees and other contractual conditions.



4 - The order

The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or the goods ordered.

For the order to be validated, the buyer must choose the address and the delivery method and validate the payment method. By this action, this engages the acceptance of these General Conditions of Sale

The sale will be considered final:

  • after sending to the buyer the confirmation of the acceptance of the order by the seller by e-mail
  • and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: contact@octogone3d.com. This request will be processed on the following days and times: Monday to Friday from 10 a.m. to 6 p.m.

5 - Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

  • payment of sums due under the purchase order
  • signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller.

6 - Order Confirmation

The seller provides the buyer with an order confirmation, by email.

7 - Proof of the transaction

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

8 - Product Information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

10 - Method of payment

This is an order with payment obligation, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Payment of the price is made in full on the day of the order, according to the following terms:

  • Bank card
  • paypal
  • Bank transfer

The payment of the price can be made according to a schedule, with an amount and installments spread over a period determined between the seller and the buyer on a case-by-case basis.

11 - Availability of products - Reimbursement - Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the deadline is 1 to 5 days from the day following that on which the buyer placed his order. At the latest, the deadline will be 30 working days after the conclusion of the contract in the event of a shortage of stock or other valid reasons which could justify longer deadlines.

For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.

In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.

11.1 - Promotional Codes & Freebies

By using a promotional code, you benefit from preferential advantages on your order. Either by receiving products for free or a discount on your order total.
- Shipping costs are never included in promotions, except in exceptional cases giving the right to free delivery.
- Promotions can never be combined with each other, whether in promo codes or automatic promotions.
- You will not be able to get a refund for an item offered
- The items offered (in full) cannot be disputed products. Unless the product is defective or damaged during delivery

12 - Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery slip.

The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by email or simple mail to the seller at the address indicated in the mentions site legal.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
For logical resale reasons, machines that have been assembled and used cannot be taken back.

13 - Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.

The complaint may be made:

  • by e-mail to the following address: contact@octogone3d.com.

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its original packaging, by Colissimo Recommandé, to the following address: 7 Rue Pillot, 77610 Fontenay-Tresigny

Return costs are the responsibility of the seller.

14 - Product warranty


14.1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

  • the buyer has a period of 1 year from the delivery of the goods to act
  • the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code
  • the buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods.


14.2 Legal warranty against hidden defects

In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This warranty must be implemented within one year from the date of purchase.

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.


14.3 Commercial warranty

The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be marketed again in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed and the delivery costs are reimbursed.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer within the conditions set out above.


Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • supply of goods that have been unsealed
  • supply of goods which, after being delivered and by their nature, are inseparably mixed with other items
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
  • supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.


16 - Force majeure

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

17 - Intellectual Property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

18 - Computers and Freedoms

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Octogone 3D website.

19 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

20 - Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.


21 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

22 - Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

23 - Applicable law

These general conditions are subject to the application of French law. The competent court is the court of law.

This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.