Conditions d'utilisation

Terms of Sales

Preamble

The translation of our terms of sale in English is an indicative version. This translation has no legal value in comparison with those in French. It is present in order to facilitate the understanding of clients who don't understand or speak French.

These "General Terms and Conditions of Sale" apply to legal transactions relating to the products marketed to its customers by DERIVE FIGURINE within its virtual shop.

Definitions

The following words or expressions shall have the following meaning:

Internet Store: refers to the DERIVE FIGURINE website on which the products are presented and sold to customers.

Order : means the contract of sale between DERIVE FIGURINE and the customer of the DERIVE FIGURINE internet shop.

Data sheet: refers to the classified information concerning a product supplied by DERIVE FIGURINE when the product is put on sale in its internet shop.

Products: refers to all the goods and services put on sale by DERIVE FIGURINE in its internet shop. DERIVE FIGURINE guarantees the authenticity and the origin of the products put on sale on its site.

Service: means the sale of Products by DERIVE FIGURINE to customers of its Internet Store.

Transaction: refers to all operations, secure processing, authorizations and agreements inherent in the payment of the price of the Products ordered by credit card, check or bank transfer


Article 1 - Purpose

The purpose of these General Conditions of Sale is to define the terms and conditions to which DERIVE FIGURINE proposes and sells its products to its customers. These general terms and conditions of sale will prevail over any other conditions contained in any other document, except prior, express and written derogation.


Article 2 - Acceptance of conditions

The customer acknowledges having taken note, at the time of the Ordering, of the present general conditions of sale and expressly declares to accept them without reservation. These general conditions of sale govern the contractual relationship between DERIVE FIGURINE and its customer, both parties accepting them without reservation.

Article 3 - Products

The photographs illustrating the Products do not enter the contractual field. If errors have been introduced, in no case will DERIVE FIGURINE be held liable. DERIVE FIGURINE offers several types of products on its site. All are certified official but do not benefit from the same conditions and conditions:

New product in stock: The product is immediately available and DERIVE FIGURINE undertakes to make the delivery upon receipt of payment by bank transfer, Paypal or credit card. An additional three days is required for payments by check.

Second-hand product: The product has been previously used and is no longer considered to be new. The condition of the product is indicated in the description of the product sheet. The pictures of the used products are realized by us.

Pre-order product: The product is being created by the manufacturer. Distributors indicate a delivery period that can be modified independently of DERIVE FIGURINE.

In the event of an exceptional situation, DERIVE FIGURINE undertakes to notify the customer by telephone or email of an additional delivery time.

Product On Order: The customer can make a prior request as to the possibility of obtaining the product. DERIVE FIGURINE undertakes to reply to it after negotiation of the terms of the transaction without obligation for DERIVE FIGURINE to respond favorably to the request.

However, all products marketed by DERIVE FIGURINE may or may not necessarily be sold online.


Article 4 - Order

Automatic registration systems are considered to be proof of the nature, content and date of the Order. DERIVE FIGURINE will confirm to the customer the acceptance of his order by sending a confirmation message to the email address that the latter will have communicated. The sale will only be concluded once the order confirmation has been sent. DERIVE FIGURINE reserves the right to refuse or cancel any order from a customer, in particular in the event of the insolvency of the customer or in the event of a default of payment of the order concerned or a previous delivery or a dispute relating to the payment of an earlier order. The information indicated by the customer, when entering the information inherent to his order, engages the latter. DERIVE FIGURINE can not be held responsible for errors made by the customer in the address details of the recipient of the order (delivery address, billing address including, email, telephone) and delays in delivery or the impossibility of delivering the products that these errors could generate.

Article 5 - Payment

The customer has four means of payment offered to him on the site DERIVE FIGURINE when entering his order:

  • Payment via Paypal.
  • Payment by check.
  • Payment by card.
  • Payment by bank transfer.

Moreover, when paying by credit card, the customer can opt for different forms of payment:

  • Immediate payment

All options are directly available and can be entered by DERIVE FIGURINE when ordering. Retention of title clause: Any product not fully paid remains the property of DERIVE FIGURINE until its full payment.


Article 6 - Delivery

After confirmation of the order and subject to full payment of the price of the products ordered, DERIVE FIGURINE undertakes to send to its customer the products ordered to the delivery address within a 24h/48h of the article subject to availability.

All Products stipulated in the orders placed at DERIVE FIGURINE are intended for the personal use of the customers or the recipients whose name is mentioned to the address of delivery. In such cases, the customer agrees to settle upon receipt all taxes, duties, taxes and other charges which are present and incurred in connection with the delivery of the said products themselves; the joint and several liability of DERIVE FIGURINE can not be incurred in this respect at any time.

The delivery will be made by Colissimo according to our convenience and the nature of the goods to be transported. The choice of delivery via Colissimo with or without signature or Colissimo relay point is at your convenience. Our delivery rates are available according to the nature of the products (size, weight, characteristics etc.) before the payment of the order. Any delays in delivery attributable to the carrier or DERIVE FIGURINE do not entitle the customer to claim damages.

Products ordered are transported at the recipient's own risk. Upon receipt of the products ordered, the recipient must check the good condition of the goods delivered. Should one or more of the products ordered be missing or damaged, the consignee must make any reservations with the carrier at the time of delivery.

The consumer will check the general appearance of the packaging of the delivered product; in case of damage, he undertakes to indicate it on the delivery note, detailing carefully the damages found. He will also inform DERIVE FIGURINE as soon as possible. In case of non-conformity of the delivered goods, DERIVE FIGURINE agrees to exchange the product or to refund the consumer (except special order).

In case of purchase of a so-called second-hand product, DERIVE FIGURINE will not be responsible for any other anomaly that is not mentioned on the product sheet of the site. Are considered as cases of force majeure unloading DERIVE FIGURINE from its obligation to deliver: war, riot, fire, weather, strikes, accidents and the impossibility of being supplied.

For reasons of availability of the ordered products, an order may be the subject of several successive deliveries to the customer. In the event that the customer wishes the ordered products to be delivered to two separate addresses, the customer should place two separate orders.

Article 7 - Preorder / On order

Payment of pre-orders / On order is made on the day of the order. DERIVE FIGURINE is not responsible for any unforeseeable events (manufacturer, distributor, stock shortage etc.).

Shipment takes place on the day of receipt of the products on our premises provided that the preorder / On Order is paid in full.

In the case of a stock order linked to a pre-order / On order, delivery of the entire order will be made under the conditions of shipment of the pre-order / On order. If the customer wishes to receive his order in stock immediately, the customer must place two separate orders.

In the case of several pre-ordered items, the date of shipment will be the one from which the product is most distant.

The pre-orders / On Order are firm and definitive. Any delays in delivery (longer lead times than expected etc ...) will not result in the cancellation of the pre-order / On order unless the product is canceled by the supplier or manufacturer.

In the event of an exceptional request for pre-order / On order cancellation, we propose two solutions:

Solution 1: For the immediate cancellation of a pre-order / On Order with a refund by check, paypal, credit card or bank transfer, a percentage of 5% of the total amount of your order will be retained as a fee and management.

Solution 2: For the immediate cancellation of a pre-order / On order, you can get a credit for the total amount of your order (shipping included) valid for one year on our entire catalog.

Once the solution is chosen, it is not possible to change the solution.

For any Paypal transaction refunded in a period exceeding 180 days from the date of the initial payment, there is a fee that will be taken by Paypal at the expense of the recipient and which can not be refunded.

All other conditions are the same as standard commands.

Article 8 - Withdrawal

The customer has a period of 7 days from the reception of the ordered products to return them to DERIVE FIGURINE against exchange or refund in the form of asset. In this case, the customer must return the new products, unworn, in their original packaging, intact, accompanied by any accessories.

For any return of other products, delivery must be made within the time limit mentioned above at the following address: 

DERIVE FIGURINE Alexandre Mistral, 83E Chemin des estimurs south 84600 Valréas

In case of exercise of the right of withdrawal, DERIVE FIGURINE undertakes to reimburse the sums paid by the customer, without expenses, except the expenses of return within a delay of 30 days by check, paypal or bank transfer.

Article 9 - Price

The price is expressed in euro (€). The price indicated on the product sheets does not include transport costs. The price indicated in the order confirmation is the final price expressed including all taxes and VAT. This price includes the price of the products, the costs of handling, packaging and preservation of the products, the costs of transport and making available. The price of the products is payable in cash by the means of payment offered on the site on the day of the actual order.

Article 10 - Applicable Law

These general conditions of sale are subject to French law.

Article 11 - Liability

DERIVE FIGURINE can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from a malfunction or misuse of the Products marketed. The same applies to any changes in the products resulting from the manufacturers.

The responsibility of DERIVE FIGURINE will in any case be limited to the amount of the order and can not be called into question for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products.In case of difficulties in the application of this contract, the customer and DERIVE FIGURINE reserve the possibility, before any legal action, to seek an amicable solution. In the event of a failure of this first attempt, the parties undertake before any legal action to seek a solution with a mediator.

The parties undertake to communicate their intentions by letter with acknowledgment of receipt and to allow a period of reflection of eight days from the date of receipt of the said letter. The parties agree that any dispute arising out of this contract is the sole responsibility of the courts of the supplier.

Article 12 - Guarantee

In all cases DERIVE FIGURINE can not be held responsible for the non-respect of the regulations and legislative in force in the country of reception. The responsibility of DERIVE FIGURINE is systematically limited to the value of the product in question determined on the date of its sale and without recourse to the brand or company producing the product.

In any event, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the Civil Code. The client can contact the DERIVE FIGURINE team by email at contact@derivefigurine.com. Answer within 48 hours.


Article 13 - Legal information

The information of the personal information collected for the purposes of distance selling is obligatory, this information being indispensable for the processing and the routing of the orders, the establishment of the invoices and the contracts of guarantee.

Failure to provide information leads to the non-validation of the Order. In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been the subject of a declaration to the National Commission of Informatics and Liberties (CNIL).

The customer has a right of access, modification, correction and deletion of the data concerning him (article 34 of the law of 6 January 1978), which he can exercise on our website. DERIVE FIGURINE undertakes not to communicate the details of its customers to a third party free of charge or with counterpart.

Article 14 Privacy Policy

Since 25 May 2018, the General Data Protection Regulation (GDPR) has entered into force. Derive Figurine is committed to ensuring the protection of your personal data on the site in compliance with the rules of this new law.

The data collected by Derive Figurine comes mainly from you when creating a customer account and orders: name, first name, delivery and billing addresses, E-mail, title of courtesy, telephone (optional) ...

The data collected is used to honor the transactions you make on our merchant site. Your data is used only by Derive Figurine and is in no way sold to third parties. In the context of deliveries and payments, your personal data are used to finalize your orders (postal service, bank).

As part of the right to portability, you can find all the recorded data that you have entrusted to us in your customer area and you can download them in PDF or CSV format at this address. You can also ask us at any time to delete your account. Your data is kept as long as you continue to use our services. As part of the right to be forgotten, when your data will no longer be needed, they will automatically be erased.

In accordance with the regulations in force, you have the rights to access and rectify, update, correct or complete them.

Regarding cookies, when you are on Derive Figurine, a warning banner appears to inform you of the use of cookies. After becoming aware of their use, this banner will validate your consent that remains active 12 months. After this period, the renewal of your consent will be proposed.

For any question or complaint, we remind you that you can contact us via E-mail at contact@derivefigurine.com