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Terms and Conditions

 

The sole proprietorship Stéphane Buttigieg, concerned about the rights of individuals, in particular with regard to automated processing and in a desire for transparency with its Customers, has implemented a policy covering all of these treatments, the purposes pursued by the latter as well as as means of action available to individuals so that they can best exercise their rights.

For any additional information on the protection of personal data, we invite you to consult the site: https://www.cnil.fr/

 

Continuing to use this site implies unreserved acceptance of the following terms and conditions of use.

The currently online version of these conditions of use is the only one opposable throughout the duration of use of the site and until a new version replaces it.

 

 


Article 1 - Legal notices

 

1.1 Site (hereinafter "the site"):

flashback.fr

 

1.2 Publisher (hereinafter "the publisher"):

Sole proprietorship: Stéphane Buttigieg (Flashback is a MICROE)

located: 1 rue Alfred de Musset, 38500 Voiron

registered in the Grenoble Trade and Companies Register under number 443 893 706.

email address: contact@flashback.fr

 

1.3 Host (hereinafter "the host"):

flashback.fr is hosted by OVH SAS, whose head office is located at 2 rue Kellerman, 59100 ROUBAIX

 

1.4 The users (hereinafter the “Customer”):

 

Any user wishing to make a purchase on the site.

 

 

Article 2 - Scope

 


 

These general conditions of sale (hereinafter referred to as the "General Conditions") apply without restriction or reservation to all sales concluded between the publisher's site and all Customers wishing to make a purchase on the site.

 

These general conditions of sale are accessible at any time on the site and will prevail, if necessary, over any other version or any other contradictory document.

 

These general conditions of sale are subject to change.

the publisher reserves the right to modify its general conditions of sale at any time without prior information to the Customer. The modified general conditions of sale are enforceable against the Customer from and throughout the duration of their posting for products ordered after their posting.

Each purchase on the site is subject to all the clauses of the general conditions of sale applicable on the date of placing the order. The Customer can only validate his order after having read these general conditions and accepted them by checking the box dedicated to this purpose.

the publisher considers that by validating his order, and by checking the box provided for this purpose, the Customer has duly taken note of the general conditions of sale and accepts them without reservation.

The conditions applicable and enforceable against the Customer are those in force at the time of the effective validation by the Customer of his order recorded on the site.

By validating these general conditions of sale when ordering, the Customer declares to have the legal capacity allowing the conclusion of a contract within the meaning of articles 1145 and following of the Civil Code and certifies that he is an adult non-commercial person acting for his needs. personal.

 

 

Article 3 - Purpose

 


 

This contract determines the rights and obligations of the publisher and the Client in connection with the sale of goods offered on the company's website.

The general conditions constitute all the rights and obligations of the parties, no other condition can be incorporated into them.

The sale is reserved for major or minor Customers with parental authorization.

The publisher reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the Customer.

 

 

 

Article 4 - Access to the site

Access to the site and its use are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.

 

 

Article 5 - Site content

All brands, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that could be used to make this site work and more generally all the elements reproduced or used on the site are protected by the laws in force in respect of intellectual property.

They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

 

 

Article 6 - Characteristics of the offers
The products and services offered are those listed in the catalog published on the publisher's website.

These products and services are offered while stocks last.

The publisher informs the Customer of all the essential characteristics of the products offered. These characteristics appear in support of the photograph illustrating the offer. The publisher invites the Customer to carefully read these characteristics. In general, these characteristics relate to the dimensions and condition of the products.

The Customer acknowledges that the photograph representing the product that appears on the website is only indicative.

If in the majority of cases, the publisher endeavors to photograph the product offered for sale, it is possible that the photo of a product is used for illustrative purposes and does not guarantee in any case that the product offered for sale corresponds exactly as shown in the illustration photo.

Alterations may also appear due to the processing of the photo or possible light reflections, which may also alter the perception of the colors of a product depending on the colorimetry specific to each medium.

 

 

Article 7 - Price


The prices appearing in the catalog are prices including all taxes in euros.

The prices indicated are guaranteed within the limits of available stocks.

the publisher reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the purchaser, except for typographical errors or omissions.

The prices indicated do not take into account the delivery costs which will be invoiced in addition and will be specified to the Customer during the final validation of his order.

 

 

Article 8 - Order


The publisher reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or who would present in his eyes any form of risk.

The Customer, who wishes to buy a product or a service, must:

Fill out a form on which he will indicate all the contact details requested to register and create his Customer account (title, surname, first name, full delivery and billing address, telephone number, email and password) or, if he already has a Customer account, give his email and password and validate his delivery and billing address.

Choose your delivery method and payment method.

Validate your order after checking it.

The validation of the order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase or other conditions.

The Customer is then irrevocably bound, its acceptance cannot be called into question except in application of articles 14 and 15.

All the data provided and the recorded validation will constitute proof of the transaction. The validation will be worth signature and acceptance of the operations carried out.

By validating the order, the Customer certifies that they are either 18 years old or have parental authorization to proceed with the order. The authorized minor undertakes to inform the parental authority of the collection of his personal data, which may oppose their storage and / or their transmission to third parties.

The publisher will send confirmation of the order recorded by e-mail.

 

Article 9 - Payment
 

The price is payable when ordering. Unless the server is unavailable, payment will be made immediately on the Internet by credit card (Blue, Visa, Eurocard / Mastercard) or Paypal.

The Customer certifies that he has the necessary authorizations to make the payment he chooses. In the context of payment by bank card, the payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement concluded between the Customer and his banking establishment.

No other payment method is currently offered on the publisher's site.

 

 

Article 10 - Security of transactions
 

In order to ensure the security of payments, the publisher site uses the secure payment service of Paypal. Confidential data (the 16-digit bank card number as well as the expiration date, the CVV code) are directly transmitted encrypted to the bank's server without passing through the physical media of the publisher's server. When the order is validated, the payment request is routed in real time to the secure electronic payment manager. This sends an authorization request to the bank card network. The electronic payment manager issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. Of the Civil Code.

 

 

Article 11 - Delivery
 

The Customer is aware that the product will be delivered to him by post, or parcel relay.

The products and services offered for sale on the publisher's site can be acquired and delivered in Metropolitan France and in most countries of the world. the publisher reserves the right to modify the list of delivery countries at any time. The products are delivered to the address indicated by the Customer when ordering.

For their shipment, the products will be packaged with the greatest care to avoid any damage due to transport.

The publisher accepts no responsibility for the risk of loss or deterioration of the products shipped from the moment they are entrusted to the carrier.

In the event of a complaint, the Customer must exercise their rights with the transport service used, the publisher cannot be held responsible and will not have to reimburse, in full or in part, following a problem clearly identified as being the responsibility of the carrier.

The Customer may, if he expressly requests it before payment of his order, may benefit from the insurance services offered by the carrier, this entailing an additional cost of delivery costs assumed by the Customer.

The publisher undertakes to deliver the products ordered within ten (10) days of the order, except in cases of force majeure, leave or work stoppage clearly stipulated on the home page of the site.

In accordance with the legislation in force (article L.114-1 of the Consumer Code), if the items ordered have not been delivered within five (5) days of the delivery date scheduled at the time of order, and if this overrun is not due to a case of force majeure, the Customer may resolve the sale by sending a registered letter with acknowledgment of receipt to the following address:

Flashback - Complaints, 1 rue Alfred de Musset, 38500 Voiron

The Customer can then request a refund. This will be carried out in accordance with the terms set out in Article 14.

The Customer exercises this right within sixty (60) working days from the date indicated for the delivery of the goods or the performance of the service. After this period, no request will be processed.

If the item is unavailable, the Customer will be informed as soon as possible and may cancel their order. He can then request a refund. This will be carried out in accordance with the terms set out in Article 14.

The delivered goods remain the property of the publisher until full payment of the amount of the order. Any risk of loss or damage to the goods is transferred to the carrier when he takes physical possession of these goods.

The publisher reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

 

Article 12 - Product conformity
 

The Customer benefits from the legal guarantee of conformity, the content of which is specified in Article 13.

In the event of proven non-conformity of the goods delivered, the publisher undertakes to exchange the defective or non-conforming products. If the exchange of the products is impossible, the publisher undertakes to reimburse the Customer.

The exchange and refund will be carried out in accordance with the terms set out in Article 15.

 

 

Article 13 - Legal guarantees
 

The products offered by the publisher are subject to the legal guarantees of articles L.211-4 and following of the Consumer Code and 1641 and following of the Civil Code.

Legal guarantee of conformity: Articles L.211-4 et seq. Of the Consumer Code.

 

Article L211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.

 

Article L211-5 of the Consumer Code: To comply with the contract, the goods must:

Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model. present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L211-12 of the Consumer Code: The action resulting from the lack of conformity lapses two years after delivery of the goods.

Guarantee against hidden defects: Articles 1641 et seq. Of the Civil Code.

 

Article 1641 Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.

 

Article 1646 Civil Code: If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

 

Article 1648 paragraph 1 Civil Code: The action resulting from latent defects must be brought by the purchaser within two (2) years from the discovery of the defect.

 

 

 

Article 14 - Exchange and refund
 

Exchanges under the assumptions referred to in Article 8 will be carried out within the limits of available stocks.

In the case of new products, the returned products must be unopened. They must be in their original box, perfectly intact.

In the case of used products, with or without their original packaging, the returned products must be those shipped when ordering. Any attempt to exchange a product will be considered a fraud and a complaint will be systematically filed against the Customer concerned.

The delivery costs will be borne by the Customer. Return costs will be borne by the Customer.

Refunds of products in the cases referred to in articles 10, 11 and 12 will be made as soon as possible and at the latest within fourteen (14) days following the date on which the right was exercised, provided that the Customer has scrupulously followed the return rules and steps mentioned below.

Any exchange or refund must be the subject of a request, as desired:

Through the site contact form, subject “Retraction”.

By paper mail to: Flashback - Réclamations, 1 rue Alfred de Musset, 38500 Voiron

Any return that does not follow this procedure will see its processing time and reimbursement considerably lengthened.

 

Article 15 - Right of withdrawal
 

In accordance with the legal provisions in force, the Customer has a withdrawal period of fourteen (14) days from receipt by him of the goods ordered.

If the Customer exercises his right within this period, the publisher undertakes to reimburse him for the sums paid within a maximum period of fourteen (14) days, subject to the Customer having scrupulously followed the return rules and steps mentioned in the article 14.

 

 

 

Article 16 - Intellectual property
 
All the elements of the publisher's site are and remain the intellectual and exclusive property of the publisher.

No one is authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound.

Any single link or hyperlink is strictly prohibited without the express written consent of the publisher.

 

 

Article 17 - Responsibilities

The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functions.

The connection material to the site that you use is under your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.

 

The publisher cannot be held responsible in the event of legal proceedings against you:

- due to the use of the site or any service accessible via the Internet;

- due to your non-compliance with these general conditions.

 

The publisher is not responsible for any damage caused to yourself, to third parties and / or to your equipment as a result of your connection or your use of the site and you waive any action against him as a result.

If the publisher were to be the subject of an amicable or legal procedure because of your use of the site, he could turn against you to obtain compensation for all damages, sums, convictions and costs that could result from this procedure.

 

Article 18 - Site management

For the good management of the site, the editor can at any time:

- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;

- delete any information that could disrupt its operation or contravene national or international laws;

- suspend the site in order to carry out updates.

 

 


Article 19 - Data collection and protection
 

Your data is collected by the sole proprietorship Stéphane Buttigieg.

Personal data means any information relating to an identified or identifiable natural person (data subject); is deemed identifiable a person who can be identified, directly or indirectly, in particular by reference to a name, an identification number or to one or more specific elements, specific to his physical, physiological, genetic, psychological, economic, cultural or social.

The personal information that can be collected on the site is mainly used by the publisher for the management of relations with you, and if necessary for the processing of your orders.

 

The personal data collected are as follows:

- last name and first name

- address

- mail address

- phone number

- Date of Birth

 


 

Article 20 - Right of access, rectification and delisting of your data
 

In application of the regulations applicable to personal data, users have the following rights:

the right of access: they can exercise their right of access, to know their personal data, by writing to the email address mentioned below. In this case, before the implementation of this right, the Platform may request proof of the user's identity in order to verify its accuracy;

the right of rectification: if the personal data held by the Platform are inaccurate, they may request the updating of the information;

the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws;

the right to limit processing: users can ask the Platform to limit the processing of personal data in accordance with the assumptions provided for by the GDPR;

the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR;

the right to portability: they can request that the Platform give them the personal data they have provided to transmit them to a new Platform.

You can exercise this right by contacting us by email at:

contact@flashback.fr

 

All requests must be accompanied by a photocopy of a valid signed identity document and mention the address at which the publisher can contact the requester. The response will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and / or the number of requests so require.

 

In addition, and since Law No. 2016-1321 of October 7, 2016, people who wish to do so have the possibility of organizing the fate of their data after their death. For more information on the subject, you can consult the CNIL website: https://www.cnil.fr/.

 

Users can also lodge a complaint with the CNIL on the CNIL website: https://www.cnil.fr.

 

We recommend that you contact us first before filing a complaint with the CNIL, because we are at your disposal to resolve your problem.

 

Article 21 - Use of data
 

The personal data collected from users is intended to provide the services of the Platform, to improve them and to maintain a secure environment. The legal basis for processing is the execution of the contract between the user and the Platform. More specifically, the uses are as follows:

 

- access and use of the Platform by the user;

- management of the operation and optimization of the Platform;

- implementation of user assistance;

- verification, identification and authentication of data transmitted by the user;

- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of any disputes with users;

- sending of commercial and advertising information, according to the preferences of the user;

- organization of the conditions of use of the Payment Services.

 

 

Article 22 - Data retention policy
 

The Platform retains your data for the time necessary to provide you with its services or assistance.

To the extent reasonably necessary or required to meet legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information as necessary, even after you have closed your account. or that we no longer need to provide our services to you.

 


 

 

Article 23 - Sharing of personal data with third parties
 

Personal data may be shared with third-party companies exclusively in the European Union, in the following cases:

- when the user uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;

- when the user publishes information accessible to the public in the free comment areas of the Platform;

- when the user authorizes the website of a third party to access his data;

- when the Platform uses the services of providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. personal character;

- if the law requires it, the Platform can carry out the transmission of data to follow up the complaints presented against the Platform and to comply with the administrative and legal procedures.

 

 

 

Article 24 - Commercial offers
 

You are likely to receive commercial offers from the publisher. If you do not wish it, please report it by email using the following link: contact@flashback.fr.

Your data may be used by the publisher's partners for commercial prospecting purposes, if you do not wish it, please report it by email using the following link: contact@flashback.fr.

If, while consulting the site, you access personal data, you must refrain from any collection, any unauthorized use and any act that may constitute an invasion of the privacy or reputation of individuals. The publisher declines all responsibility in this regard.

The data are kept and used for a period in accordance with the legislation in force.

 

Article 25 - Cookies
 

What is a cookie " ?

A "Cookie" or tracer is an electronic file placed on a terminal (computer, tablet, smartphone, etc.) and read for example when consulting a website, reading an e-mail, installing or the use of software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la -law)

The site may automatically collect standard information. All information collected indirectly will only be used to monitor the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.

 

Where applicable, "cookies" from the site editor and / or third-party companies may be placed on your terminal, with your consent. In this case, the first time you browse this site, an explanatory banner on the use of "cookies" will appear. Before continuing to browse, the Customer and / or the prospect must accept or refuse the use of said "cookies". The consent given will be valid for a period of thirteen (13) months. The user has the option of deactivating cookies at any time.

 

The following cookies are present on this site:

 

Google cookies:

- Google analytics: makes it possible to measure the audience of the site;
- Google tag manager: facilitates the implementation of tags on pages and allows you to manage Google tags;
- Google Adsense: Google advertising network using websites or YouTube videos as a medium for its ads;
- Google Dynamic Remarketing: allows you to offer dynamic advertising based on previous searches;
- Google Adwords Conversion: tool for monitoring adwords advertising campaigns;
- DoubleClick: Google advertising cookies to serve banners.

    

The lifespan of these cookies is thirteen (13) months.

 

 

Article 26 - Information technology and freedoms
 
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having read it.

As such, the information concerning him can be communicated to the commercial partners of the publisher. The Customer may object to this communication by writing an email to contact@flashback.fr.

In accordance with the law of January 6, 1978, the Customer also has a right of access and rectification with regard to any information concerning him appearing in the publisher's files.

 

 


Article 27 - Applicable law

These conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the publisher's head office, subject to a specific attribution of jurisdiction arising from a particular law or regulation.

 

 

Article 28 - Contact us

For any questions, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: contact@flashback.fr


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