TERMS AND CONDITIONS OF SALE
General terms and conditions of sale
1. Preamble
These general terms and conditions of sale (hereinafter referred to as "GTCS") govern all orders placed on the NORMANDY MINIATURES (hereinafter referred to as "Normandy Miniatures") merchant website.
2. Definitions
The terms used hereinafter have the following meanings in these GCS:
- Customer": refers to the person making a purchase;
- Order": refers to the purchase of Products by a Customer;
- My Account": refers to the area dedicated to each Customer, accessible from the site;
- Basket": groups together all the Products selected by a Customer in a single purchase operation;
- Product": refers to all tangible products such as miniature kits and accessories, as well as intangible products such as STL files offered for sale by the Seller;
- Seller": refers to Normandy Miniatures;
3. Subject
These GCS govern any transaction concluded between a Seller and a Customer.
The GCS apply only to purchases made via the merchant site normandyminiatures.fr. Any sale made outside the site is not covered by these terms and conditions.
4. Acceptance of the GCS
The Customer declares that he/she has carefully read the GTC and accepts them before proceeding with the payment of an Order.
These terms and conditions are subject to acceptance by the Customer at the time of placing the Order.
In addition, these General Terms and Conditions are available online on all the site's web pages.
The Customer is invited to download and print the GCS and to keep a copy.
5. Enforceability
The present General Terms and Conditions of Sale are enforceable as soon as they are accepted by the Customer as part of the purchasing process by ticking a box.
This checkbox formalises the Customer's express and unreserved consent to the content of these GTS.
6. Product characteristics
Each product is described as precisely as possible in accordance with the French Consumer Code.
In the event of any doubt as to the characteristics of a Product, the Customer is invited to contact the Vendor in advance.
As part of the purchasing process, it is up to the Customer to select one or more of the Products offered.
It is specified that the Vendor may modify the catalog of Products offered for sale at any time, without prejudice to Orders placed by the Customer.
All Products sold by the Vendor comply with current European legislation and standards applicable in France.
7. Product availability
The Vendor undertakes to offer only Products that are available and to remove without delay any offer relating to Products that are definitively unavailable.
Product offers and prices are valid as long as they are visible, within the limit of available stocks. In this context, indications of Product availability are provided to the Customer at the time the Order is placed.
Nevertheless, in exceptional cases, there may be simultaneous Orders or stock errors making the Product ordered unavailable.
In the event that a Product is unavailable after the Customer has placed an Order, the Vendor will inform the Customer, who will be offered the following options:
- Wait for the Product ordered to become available,
- Or to obtain a refund of the sums paid as soon as possible.
8. Purchase process
Orders for Products are placed on the site. To place an Order, the Customer must follow the steps below:
- Product selection
The Customer selects the Product and the number of Products he/she wishes to add to his/her Shopping Cart by clicking on : To do so, click on "Add to Cart".
Once the first Product has been selected, it is placed in the Customer's Shopping Cart.
The Customer can then add as many Products as they wish by clicking on "Continue Shopping", which will automatically add to their Basket.
Once the Product(s) have been selected, the Customer completes the Order by clicking on "View my basket".
- Order validation
For the Order to be validly concluded, the Customer has the option, before confirming it by clicking on "I order!" :
- Check the details of their Order and its total price;
- Correct any errors.
At this stage, the Customer may enter a discount code in order to apply the discount to the Order.
The Customer also indicates his/her delivery and billing address.
The Customer also chooses a delivery method from among the solutions offered on the Marketplace.
The Customer must expressly accept these GCS in order to confirm his/her order by ticking the appropriate box. The Customer must then choose the desired method of payment.
- Order payment
The Customer may then proceed online to securely pay for the Products by following the instructions and providing all the information required for invoicing and delivery of the Products.
The Customer must specify the chosen method of payment and, if applicable, provide his/her bank details before clicking on the button to validate the Order.
By placing an Order, the Customer explicitly acknowledges his/her obligation to pay.
- Order confirmation
Once the Customer's Order has been completed, the Vendor will acknowledge receipt electronically, without undue delay.
The Order, its confirmation and the acknowledgement of receipt are deemed to have been received when the Customer and the Vendor can access them either by e-mail, provided that the e-mail address communicated via the registration form is correct, or directly online.
Neither the order form drawn up by the Customer online, nor the acknowledgement of receipt of the Order sent to the Customer by e-mail, constitutes an invoice.
Invoices are sent to the Customer on request from the "My Account" area.
9. Prices
For all Products, the Customer will find prices displayed in euros, inclusive of all taxes, as well as the applicable delivery charges as mentioned.
The applicable price is that indicated on the date the Order is placed by the Customer.
In any event, in accordance with current regulations, in the event of price reduction announcements, the Vendor is obliged to inform the Customer of the lowest price charged during the last thirty (30) days prior to the application of the price reduction.
The Customer's delivery charges will be applied according to the value of the Order and the country of destination.
Delivery charges are calculated on the total amount of the Shopping Cart after application of possible discounts (loyalty reward, discount code, promotional code).
Delivery costs are indicated at the time of the Order and are accessible online in the Normandy Miniatures delivery costs policy.
Please note: when shipping to a country other than mainland France, the Customer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These shall be borne by the Customer and are the sole responsibility of the Customer.
Dematerialized Products are not subject to transport invoicing, but may be subject to the use of a tool enabling their use.
10. Payment methods
The Customer may pay for Products online using the payment methods offered at the time of payment.
When choosing a method of payment, the Customer will be redirected to a secure area in order to proceed with payment.
Should payment be rejected for any reason whatsoever, the Order will be cancelled.
11. Product delivery
The delivery times indicated on the site at the time the Order is placed do not begin to run until the Order has been accepted by the Vendor.
Delivery times are indicated when the Order is placed.
When placing an Order, the Customer indicates :
- A delivery address ;
- A means of delivery.
The Customer is solely responsible for any error in the information relating to the place of delivery and will bear the consequences thereof (invoicing of a new delivery, recovery of the Product by the Customer at the place of delivery, etc.).
Once the contract has been definitively concluded online, the Vendor will deliver the Order to the delivery address and according to the delivery method selected by the Customer at the time of ordering.
In any case, when the Customer purchases a Product from Normandy Miniatures, Normandy Miniatures is solely responsible for the delivery and follows up the delivery directly with the Customer.
If the delivery shows that the package has been damaged (torn packaging, open packaging, etc.), the Customer must refuse delivery and make a claim in accordance with the conditions set out herein.
The risks of loss or damage to the Products are transferred to the Customer upon receipt by him, or by a third party designated by him, of the Products under his Order.
12. Specific conditions of sale for dematerialized goods
The present general terms and conditions as well as the technical constraints are presumed to be known and accepted at the time of the order. Under no circumstances may a complaint or claim for compensation be made on the basis of a misreading or rejection of the general terms and conditions or technical constraints.
Order and delivery
Once your order has been confirmed, you will receive an e-mail containing a link to a web page where you can download the digital files you have ordered. Sending this e-mail is equivalent to acknowledging receipt of your order. Access to the files purchased is available for your personal use only and remains valid indefinitely from the moment you place your order.
Once you have received the download links for the digital files you have ordered, you will no longer be able to cancel your order and the price of your purchase will be debited automatically, even if you subsequently decide not to download the files.
Once the download links have been sent, orders for digital files are considered firm and final, and cannot give rise to any exchange or refund.
The fourteen-day cooling-off period provided for in article L. 121-20-20 of the French Consumer Code does not apply once the order has been fulfilled by sending the download links, which is equivalent to final delivery of the product.
In the event of difficulties, in particular if you do not receive the download links, or if you have a problem reading the email address associated with your customer account, you can contact Normandy Miniatures via the customer service address: contact@normandyminiatures.fr
Liability
Normandy Miniatures SAS cannot be held responsible for the limitations of the Internet network, in particular its technical performance and response times when consulting, querying or transferring data. Furthermore, it is your responsibility to take all appropriate measures to protect your own data and software from contamination by computer viruses.
In certain countries, the laws in force prohibit or restrict free access to certain works; you undertake to check that, in accordance with the law of the place where the order is placed, there are no such prohibitions or restrictions concerning the digital files ordered.
Normandy Miniatures cannot be held responsible for any malfunction which may occur during the downloading of the digital files ordered and which is not its fault.
13. Right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, the Customer has the right to cancel any Order within fourteen (14) days of placing it, without giving any reason.
To exercise this right, and in accordance with article L.221-21 of the French Consumer Code, the Customer must notify his or her decision to withdraw by means of an unambiguous declaration to the e-mail or postal address indicated on the Shop.
It is possible to use the model retraction form below, without obligation. In this case, please copy the form below and complete it:
"For the attention of ______________
I hereby notify you of my withdrawal from the contract for the sale of the Product(s) :
Ordered on ______________
Order n°______________
Customer name :
Customer address :
Customer's signature (only in the case of notification of this form on paper) :
Date:____________________ "
In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of retraction by the Customer, the Vendor will reimburse all payments received, including delivery costs at the level of the least expensive delivery charges for the destination, without undue delay and, in any event, no later than fourteen (14) days from the day on which the Vendor is informed of the Customer's decision to retract.
Delivery costs for items returned by the Customer are at the Customer's expense and will not be reimbursed.
The Vendor will make the refund using the same means of payment as that used by the Customer for the order in question, unless a different means is expressly agreed.
The Product must be returned in accordance with the Vendor's instructions and include all accessories delivered.
The Customer shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised, in particular, for contracts for :
- The supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the professional;
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of digital content without material support, the performance of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when :
a) he has given his prior express consent for performance of the contract to begin before the end of the withdrawal period ;
b) he has acknowledged that he will lose his right of withdrawal;
c) the trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.
14. Processing complaints
All complaints must be made to the Seller. Such claims must be made as soon as possible after delivery.
15. Warranties
Apart from the commercial warranties that the Vendor may offer for certain Products, the Vendor is liable for defects in conformity of the Products, including those incorporating digital content, under the conditions of articles L. 217-3 et seq. of the French Consumer Code, and for latent defects in the thing sold under the conditions of articles 1641 et seq. of the French Civil Code.
Thus, in accordance with these provisions, the Products delivered to the Customer must comply with the specifications of the Order and must be free of all defects.
16. Force majeure
The Vendor shall not be held liable, or be deemed to have breached these GCS, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure.
Cases of force majeure or fortuitous events are expressly deemed to be those generally accepted by the jurisprudence of French courts and tribunals.
17. Personal data
The Vendor may collect and process the personal data of Customers when ordering Products. In this respect, it guarantees that it processes such data in compliance with the rights and obligations arising from Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms as amended, known as the "Data Processing and Freedoms" Law, and the General Regulation on the Protection of Individuals (RGPD).
Normandy Miniatures is responsible for processing the personal data of Customers placing Orders.
18. Cookies
During a visit to the site, cookies may be installed on the Vendor's terminal.
Information on the use of cookies, their management and deletion are detailed in the "cookies policy" accessible on the site.
19. Changes
Normandy Miniatures reserves the right to modify these GTC.
It is specified that the applicable GTCS are those in force at the time of the Customer's Product Order.
Thus, new GTC shall not apply to Orders in progress at the time of their entry into force.
The Customer undertakes to read the GCS on each new Order to take account of any changes made to the GCS since the last Order.
20. Nullity
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
21. Applicable law and jurisdiction
These GCS are governed by French law.
This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or accessory obligations.
In the event of a dispute, the Customer shall first contact the Vendor for an amicable solution.
These GTC are governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or accessory obligations.
Any difficulty shall be settled by the jurisdiction of the place where Normandy Miniatures has its registered office.