General Terms and Conditions of Sale
Thank you for visiting our site https://www.aatise.com.
The French Language version of these terms and conditions was updated on July 30th, 2017.
NOTE: Please be aware that the “General Terms and Conditions of Sale” enumerated below, in English, are a translation from the original and legally binding “Conditions Générales de Ventes” written in French. The terms are provided here in English solely as a means to assist you in understanding the general terms of sales of Aatise. Any legal dealings will need to refer to the original French-language version, also available on our website.
Please read these “General Terms and Conditions of Sale” carefully as they state the terms and conditions to which Aatise adheres during the marketing of its products to its clients via its website. Clients, having chosen a “pre-order” product, participate in the financing of the clothing proposed for manufacturing on the Site, and benefit from the latest creations, should they be put forth to production.
1.1 The following “General Terms and Conditions of Sale” (hereinafter referred to as “GTCS”) are provided by the Aastise company (hereinafter referred to as “The Company”), with current capital amounting to €75,000.00, registered with the Bordeaux Trade and Companies Register under the number 83036125900013, and whose headquarters is located at 87 quai des Queyries, 33100 Bastide Bordeaux. Their toll-free telephone number is +33 (0) 675221528. Their e-mail is firstname.lastname@example.org and their individual VAT identification number is FR17 830361259.
1.2 The company is owner, editor and publisher of the website www.aatise.com (hereinafter referred to as “The Site”). The Site is hosted by O2switch, headquarters at 222-224 Boulevard Gustave Flaubert - 63000 Clermont-Ferrand - Telephone: 04 44 44 60 40 - Fax : 04 44 44 60 41 Siret : 510 909 80700024 – A limited liability company with sole proprietorship and current capital amounting to €100,000.00 NAF (French Activity Nomenclature) : 6311Z – Data processing, hosting and other related activities – VAT identification: FR35510909807 – RCS Clermont-Ferrand.
1.3 The Editor and Publication Director of The Site is Heide Baumann.
1.4 The Site offers clients (hereinafter referred to as “The Client”) the opportunity to pre-order textile products and, when the number of orders is sufficient to allow for production, the order is confirmed and production of the textile product is launched. The Client can then acquire the product in accordance with the conditions of service described below.
“Pre-Order”: Refers to the pre-sale agreement entered into by Aatise and the buyer;
“Product”: Refers to goods sold on The Site by www.aatise.com, particularly¬ clothing. The exhaustive list of goods and services is available on The Site (www.aatise.com) for consultation;
“Current Campaign”: Refers to the information relating to a product reserved for Clients or co-manufacturers;
“Terms and Conditions” or “GTCS”: Refers to the present General Terms and Conditions of Sale regarding the general use of The Site and which is applicable to visitors and can be consulted and is available to all visitors on The Site;
“Client”: Refers to a member who has registered on The Site and/or who would like to order one or several Products offered on The Site by way of participating in the Pre-Orders;
“Personalised Space”: Regarding The Client, this refers to the account (including the username and the password chosen by the client) and the personalised space that is reserved for The Client who is registered with The Site. It contains the member’s information as well as the details of the Current Campaign being proposed to Members in relation to their participation in the development of said Products;
“Individual”: Refers to all persons over the age of 18 as of the date of their registration on The Site, and who have full legal capacity under the law to which he or she is subject;
“Party”: Depending on the situation, this refers to The Company and/or any Member having accepted the application of the General Terms and Conditions of Sales, and “Parties” refers to both of the above stated entities; “Current Campaign Period”: Refers to the period of time during which The Client can pre-order using The Site that has the objective of obtaining that which is necessary to begin production;
“Site”: Refers to The Site which is the sole property of The Company Aatise, in their capacity as the editors and publishers of The Site;
“Visitor”: Refers to all persons who visit The Site in order to consult its content and the information published on The Site without being currently registered or those who have not yet registered with the site in the capacity of a Member;
Before using The Site, The Client must ensure that they have the technical and technological means to permit them to use The Site and to order products on The Site, and that their web browser has secure access to The Site. The Client must also ensure that the configuration of their technological device (computer, tablet, smart phone, etc.) and its hardware and/or equipment is in good condition and is not infected with any viruses.
2. USE OF AND OPPOSITION TO THE GTCS
2.1 All Clients agree to have read, understood and accepted the GTCS stated herein.
2.2 The validation of and commitment to a Pre-Order or an Order, constitute the acceptance of these GTCS. These are regularly updated: the GTCS which are applicable are those in force and effect on The Site at the time which the order is placed. The Client will be kept abreast of any changes to the GTCS by all means necessary.
2.3 Any conditions contradictory to these GTCS proposed by The Client -other than with express consent from The Company- will be unenforceable upon The Company regardless of when they were brought to the attention of The Company.
2.4 The fact that The Company does not, at any time, avail itself of the provisions enumerated in these GTCS, cannot be interpreted as it waiving the right to avail itself of the provisions herein at a later date.
3. STEPS FOR ORDERING PRODUCTS ON THE SITE
3.1 Project Description Within the structure of services proposed on The Aatise Site, the presentation of a Campaign must clearly specify the time period during which pre-orders will be accepted, including an end date for The Product’s campaign and an estimated wait-time for the delivery of The Product. At the same time, The Company, Aatise, is authorised to make modifications to The Product during the manufacturing or completion phase, that are intended to better the quality of the end product.
3.2 Pre-Order Steps The Company offers products exclusively on a pre-order basis. A Pre-Order is taken into account only once the payment has been fully processed. Once the objective of an Aatise product-campaign has been reached or surpassed, the Pre-Order is transformed into an Order and production is launched. A waiting period of several weeks is necessary in order for The Product to become available and sent to The Client. The Client must follow a series of steps specific to each product in order to execute a Pre-Order/Order. However, the steps provided below are systematic to all Pre-Orders/Orders: The Client must:
3.2.1 Understand the information provided regarding the essential characteristics of The Product. This information is offered on The Site (www.aatise.com) in the section providing an information sheet for each product. The Client is to refer to the product descriptions that contain detailed instructions. The Client also needs to consult the Aatise-specific sizing chart in order to find the appropriate size. (If The Client needs assistance, they can contact The Company);
3.2.2 When applicable, choose options and provide personal data for The Client (family name, given name, address, etc.) when making a product choice;
3.2.3 Accept these General Terms and Conditions of Sale (by reading and ticking the appropriate box);
3.2.4 Verify the details of the Order and, when necessary, correct any errors;
3.2.5 Follow provided payment instructions and pay for The Product or Products;
3.2.6 Be aware that they will receive an e-mail confirmation regarding the Pre-Order containing a PDF copy of the most current GTCS;
3.3 The Transformation of a Pre-Order into an Order or a Cancelation, and, in the case of the latter, a Reimbursement.
Scenario 1: The Objective of a Pre-Order Campaign is met or surpassed – Order Confirmation When a Pre-Order Campaign is successfully completed (the “all or nothing” principle), or, stated otherwise, when the campaign has reached the goal it needed to in order for the garment to be manufactured, production is launched. The Client will receive an order confirmation (confirming that production will be launched) via e-mail. Delivery Time: Six to eight weeks after the close of the crowdfunding campaign. This is an estimated wait time as it will depend on the needs of each of the proposed products. The wait time will be updated as the process progresses and in accordance with the advancement of the production of the order. This information will be regularly communicated to The Client.
Scenario 2: The Pre-Order Campaign does not reach its goal – The Pre-Orders are Cancelled In the case that a project is cancelled due to not having obtained enough Pre-Orders, The Company, Aatise, will need to arrange reimbursement for the amount of payment made by The Client during the Pre-Order phase. The reimbursement will be completed as soon as possible after the closing of the concerned Pre-Order Campaign. Unless The Client specifically requests otherwise, reimbursements will be made to The Client using the same form of payment they used to place their Pre-Order.
4. PAYMENT FOR PRE-ORDERS
4.1 Payment for the Pre-Order The Client proceeds to pay for their Pre-Order with a bank or credit card (specifically Visa or MasterCard) or by bank transfer made to the coordinates indicated on the Pre-Order confirmation. The prices noted on The Site are displayed according to the currency chosen by The Client on The Site (Euros, Pounds Sterling, Swiss Francs, Yen or any other currency offered on The Site). The prices indicated include all charges, even the Value-Added Tax (VAT) applicable to The Client living in France. Once The Client has completed the information concerning the delivery location, and in any event, before the final validation of the Pre-Order by The Client, the all-inclusive price could vary depending upon, if applicable, the VAT rate and tariff in the receiving country within the European Union. The delivery charges and, when applicable, the customs duties must also be paid. In this case, the supplementary charges are clearly indicated and added to the total amount that the client agrees to pay once they have reviewed and confirmed their Pre-Order.
The Client is considered as the importer of all orders addressed to them. The Client accepts to pay the total amount of the sums owed including the taxes. The Client is solely responsible for the actual payment.
The Company uses the Stripe banking system in order to ensure the security of payments made online on The Site and to guarantee the confidentiality of the information provided. You can find the confidentiality and security policy of Stripe at https://stripe.com/fr/privacy#translation. The secure payment server verifies the validity of the bank or credit card used before allowing for its payment authorisation and automatically confirms the result with The Company. The completion of the transaction is subject to the validation of the payment. The payment of Pre-Orders is made by debiting the card in the name of The Client, the number of which was communicated by The Client for each of the payments made on the secured payment server.
4.2 Reimbursement In the case that the objective number of Pre-Orders has been achieved during the given time frame for the Current Campaign, the funds collected from The Client will be retained by The Company. However, in the case that the objective number of Pre-Orders is not achieved during the given time frame for the current campaign, the payments previously made will be cancelled and The Company will proceed with the reimbursement of said funds as soon as possible.
5. CUSTOMER SERVICE
5.1 To request any information, precision or to lodge a complaint, The Client must first contact The Company’s Customer Service Department, in order to allow The Company to attempt to find a solution to the problem.
5.2 The Customer Service Department of The Company is available from Monday to Friday from 9:30am to 12:30pm and 2:00pm and 5:00pm by using the information below: Telephone number: 0675221528 E-mail address: email@example.com Addresse: 87 quais des Queyries, 33100 Bastide Bordeaux
6. LEGAL GUARANTEES
All products offered by The Company are subject to the legal guarantee of conformity as stipulated under the law, and in particular the articles L.217-4, L.217-5 and L.217-12 under the French Consumer Code. Further, the guarantee of hidden defects provided in articles 1641 and 1648, the first part of the Civil Code is as follows: Article L.217-4 of the Consumer Code: “The seller delivers goods conforming to the agreement and is liable for non-conformity existing upon its delivery. They are also liable for any non-conformity resulting from packaging, assembly instructions or installation in the case that this was their duty according to the contract or to be undergone under their responsibility.” Article L.217-5 of the Consumer Code: “The good conforms to the contract:
1° If it is suitable for use as a similar product would be and, when appropriate: If it corresponds to the description given by the seller and retains the qualities the seller has presented to the buyer in the form of a sample or a model; If it retains the qualities that a buyer can legitimately expect in light of the public representation put forth by the seller, the manufacturer or their representative, specifically in its advertisement or labelling;
2° Or if it maintains characteristics defined by a mutual agreement between the Parties or is capable of fulfilling any special purpose sought by the buyer, this having been brought to the attention of the seller and having also been accepted by them.” Article L.217-12 of the Consumer Code: “An action resulting from non-conformity is prescribed by two years from the issuance of the good.” Article 1641 of the Consumer Code: “The seller is held liable for hidden defects of the good sold that render it unfit for the use for which it was intended, or if it diminishes so significantly from this use that the buyer would not have acquired it, or would have sought to pay a lower price had they been aware.” Article 1648 of the Consumer Code, first lines: “The actions resulting from the irreparable defects must be taken by the buyer within the first two years after the discovery of the default.” If The Client feels that they have received a product that they consider to be defective or non-conforming, they must contact The Company as soon as possible upon the receipt of the Order, using this following e-mail: firstname.lastname@example.org, or by registered mail to this address: 87 Quais des Queyries, 33100 Bastide Bordeaux by specifying the defect or the non-conformity in question. It is The Client’s responsibility to provide any justification regarding the designation of the apparent defect and/or noted anomalies. The Client must allow The Company facility to proceed with the detection of any defects or non-conformities and to find a solution, if deemed necessary. The Client will abstain from interfering themselves or having a third party interfere on their behalf. If the existence of these defaults and/or anomalies are confirmed by The Company, The Company will contact The Client with instructions as to the way in which they shall proceed after having been made aware of the complaint, and, if necessary, proceed with the replacement of the product that The Company came to agree as being non-conforming or defective. In the case where the exchange of the product is not possible, The Company will be obliged to reimburse The Client in the 14 days following their reception of the product. The reimbursement will take place upon the request of The Company by way of a credit to the bank account of The Client. The Client can also opt for a different form of reimbursement.
7. The Client’s Obligations
7.1 The Client agrees to respect the terms enumerated in these GTCS.
7.2 The Client agrees to use The Site in a manner conforming to the instructions provided by The Company.
7.3 The Client agrees that they use The Site solely for personal use, as stated herein these GTCS. In this regard, The Client agrees to abstain from: - Using The Site in any illegal manner, for any illegal goal or purpose or in any manner incompatible with these GTCS; -Selling, copying, reproducing, renting, loaning, distributing, transferring or granting a sub-licence of all or part of the content on The Site or decompiling, reverse engineering, disassembling, modifying, displaying in a decipherable format by The Client in an attempt to discover any source code or to use any software that activates or includes all or part of The Site; - Attempting to obtain unauthorised access to The Site’s computer network or to take part in any perturbing activity, lessening the quality or interfering with the performances or deteriorating the functionality of The Site; -Using The Site for abusive purposes by wilfully introducing viruses or any other malicious software and attempting to access The Site in an unauthorised manner; -Infringing upon The Company’s intellectual property rights; - Denigrating The Site;
7.4 If, for any reason, The Company considers that The Client does or has not respect/ed the GTCS herein, The Company can, at any time, and at its sole discretion, cancel their access to The Site and take any and all measures necessary including any civil or criminal legal action against them.
8.1 Shipping Fees
Shipping fees or delivery will, in all circumstances, be indicated to The Client before any payment is taken in regards to deliverable countries. Shipping fees mentioned on The Site are displayed according to the currency chosen by The Client on The Site (Euros, Pounds Sterling, Swiss Franc, Yen and all other currencies proposed on The Site) and all taxes are included. The “Mondial Relay” form of delivery in France, Belgium, Luxembourg and Spain is free of charge for all orders of an amount equal to or greater than 80 Euros. For the other countries, The Client must consult the effective fees on The Site, www.aatise.com.
8.2 Shipping Time
The products are deliverable in Europe. The delivery is executed by the direct remission of the product to The Client, or to a third party designated by The Client. The products are delivered to the delivery address indicated during the order process, three to six days after the shipment of the package.
8.3 Defective Package Upon receipt, The Client must immediately verify, in the presence of the delivery person from the transportation company, the state of the package and of the delivered product in order to profit from the guarantee offered by the transporter. If, at the moment of delivery, the package is damaged, destroyed or open, The Client must verify the state of the product that the package contains. If this product was damaged, The Client must imperatively refuse to accept the package and note their reservation on the delivery slip. This verification is considered as having taken place once The Client, or a person authorised by them, has signed the delivery slip. The Client must then inform the Aatise Customer Service Department within three days.
9. RIGHT OF RETRACTION AND RETURN POLICY FOR PRODUCTS
9.1 Right of Retraction
9.1.1 Pursuant to article L.121-20-12 of the Consumer Code, The Client has a 14-day period from the date of the conversion from a Pre-Order to an Order to exercise their right of retraction to The Company, without needing to justify their motives or to pay a penalty.
9.1.2 Pursuant to article L. 121-21-8-3° of the Consumer Code, an exception is made to The Client’s exercising the right of retraction for orders of products consisting of a customised element specifically chosen directly by The Client.
9.1.3 To exercise their right of retraction from the order, The Client must notify The Company of their decision by means of a declaration void of all ambiguity, without needing to justify their reasons. The Client can communicate their decision of retraction to The Company by any means, in particular by sending a letter to The Company at the following address: 87 quais des Queyries, 33100 Bastide Bordeaux or by e-mail at email@example.com.
9.1.4 The Client has a retraction form at their disposal and for their completion on The Site. Once it is complete, the retraction form validating The Client’s decision to withdrawal can be sent directly to The Company by sending the below form:
9.1.5 In the event that The Client notifies The Company of their decision to retract, no matter the means employed, The Company will send them an acknowledgement of receipt as soon as possible by sustainable means (specifically by mail). In the case that The Client retracts, the reimbursement of the product or products that was/were the subject of the right of retraction, is made by The Company using the same means of payment employed for the original purchase unless The Client explicitly states that they would like to be reimbursed by a different means. In any case, this reimbursement will not incur any charges on behalf of The Client. The reimbursement is processed as soon as possible and, at the latest, within 14 days from the day on which The Company was informed of the decision of The Client to retract their Order.
9.2 Product Return and Exchange Commercial Policy
9.2.1 The Products marketed by Aatise, The Company, specifically fulfil the needs of The Clients who have made a Pre-Order. Pursuant to this, The Company does not have a stock of products and cannot ensure The Client an exchange for a size different from that which they specified on their Pre-Order.
9.2.2 The Company allows The Client to return products to The Company within 7 business days following their reception. The Client must return the product(s) in the same state which they receive it/them and with all associated packaging, accessories and notices (even if the product(s) may have been opened), to the following address: 87 quais des Queyries, 33100 Bastide Bordeaux. All clothing visibly worn and hence not in new condition will not be reimbursed. In the case that the return of the product(s) conforms to the stipulations set forth in this article, it will be the price and the subject of a reimbursement made by The Company using the same means of payment used for the original transaction, unless otherwise expressly requested by The Client. In any case, the reimbursement will not incur any charges on behalf of The Client. The reimbursement is made as quickly as possible after the receipt of the returned product(s).
9.2.3 Aatise, The Company, has created an exchange forum between Clients, accessible at the following link: LINK FACEBOOK GROUP
9.2.4 Aatise, The Company, does not allow for the return or exchange of products (only under the conditions specified in article 9.2.2) unless an exchange can be facilitated on the exchange forum mentioned in article 9.2.3. In any case, The Company denies any and all responsibility regarding the correct execution of such an exchange, which is carried out between Clients, and for which the responsibility lies solely with them.
9.2.5 In accordance with the law, The Client is responsible for any charges associated with the return of a product.
9.2.6 The Client is welcome to indicate the reason for the return or retraction, in order to assist The Company in improving their product. 9.2.7 Pursuant to article L. 221-23 of the Consumer Code, The Client is informed that their responsibility to The Company is limited to the possible depreciation of the product(s), sent back as part of them exercising their retraction right, resulting from manipulations other than those necessary to determine the nature, characteristics and proper operation of the product(s).
10.1 The Company shall put in place all necessary measures to ensure that The Client is provided with quality product(s) in optimal conditions. The Company will at no time, however, be liable for any breach in or bad performance of either all or part of the services provided for in the contract, that can be attributed to either the Client or which is due to the unforeseeable and insurmountable presence of a third party who is not party to the contract, or in the case of “force majeure”. More generally, if the responsibility of The Company is incurred, The Company will under no circumstance be able to accept the indemnification of The Client for indirect damages or in the case that its existence and/or the quantum could not be backed up by proof.
10.2 The Site may contain links to other sites that are not edited nor controlled by The Company, and hence The Company cannot be held responsible for the operation, content or any other element present on or obtained from these tertiary websites.
10.3 The use of such links or the referral to other information, articles or services provided by a third party cannot and must not be interpreted as explicit or implicit endorsement by The Company of these sites: neither the sites’ elements nor their content.
10.4 The Company is not responsible for the availability of these third-party sites and cannot control the content nor validate advertising, the products or any other information diffused on these websites.
10.5 It is expressly stipulated that The Company can, under no circumstance, be held liable, by any means, for the manner in which the information technology systems or e-mail of The Client rejects (for example by way of using an anti-spam filter) e-mails from The Company, especially (without offering an exhaustive list herein), the copy of the receipt of payment, the order summary (referred to in Article 4.9 of these here GTCS) and the e-mail regarding tracking information for the shipment.
10.6 The Client is fully aware of the provisions enumerated in this article, and above all the guarantees and limitations of liability mentioned herein. These conditions are essential as without them The Company would never have entered into an agreement.
11. PERSONAL DATA – COOKIES – SECURITY
11.1 The Company associates great importance with the respect of privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of The Client.
11.2 In the framework of supplying products, The Company gathers personal data from The Client and, more specifically, the following information: -E-mail address -First or Given Name -Last or Family Name -Mailing address -Billing address -Date of Birth -Country -Password -Consumer data -Banking Coordinates
11.3 To this end, the data processing of The Client’s information is declared with the CNIL under the number 20779224 v0, July 3, 2017.
11.4 The Company collects and treats the personal data of Clients for the following purposes: - Product supply on The Site - Order management - Return management, the exercising of the right to retract, payment, billing, etc. - Information about The Company, and its services and activities - Eventual responses to questions and reclamations made by The Client - Statistical development - Management of requests for rights of access, rectification and opposition - Management of delinquencies and litigation - Sending newsletters to Clients
11.5 The data related to the management of the personal information of The Client is retained solely for the length of time necessary as laid out in the French Data Protection Act as amended.
11.6 The personal data of The Client is processed by the commercial service of The Company as well as by the partner companies and subcontractors of The Company.
11.7 The Company can also disclose the personal data in cooperation with the authorities; both administrative and judicial.
11.8 The Company ensures that the personal data of The Client is secure in a manner adequate and appropriate and takes the necessary precautions in order to safeguard the security and the confidentiality of the data, especially in order to prevent the data from being misconstrued, damaged or communicated to unauthorized persons.
11.9 Obligations of The Client The Client acknowledges that the personal data divulged by them is valid, up to date and adequate; The Client commits to not infringe upon the privacy, the image or the protection of the personal data of any third party and hence, not to communicate to The Company the personal data of any third party without their express consent.
11.10 Pursuant to article number 2011-219 of February 25th, 2011 concerning the conversion and communication of data permitting for the identification of any person having contributed to the creation of content put on-line, The Client is informed that the host of The Site is under the obligation to conserve the following information for the duration of one year, beginning on the day that the content was created, for each operation contributing to the creation of content: - The identity of the connection that originated the communication; - The identity assigned by the information technology system to the content which is the subject of the operation; -The types of protocol used for the connection to the service and for the transfer of content; -The nature of the operation; -The date and time of the operation; -The identity used by the author of the operation should it have been provided.
11.11 In the case of a termination of contract or a closure if an account, the host must still conserve the information provided for the subscription to a contract (an Order) or for the creation of an account, given by The Client, for one year from the day of the cancellation of the contract or closure of the account. This information is namely: -At the time of account creation: the identity of the connection; -The family name and given name or the company name; -The associated physical addresses; -The pseudonyms used; -The e-mail addresses or the associated account; -The telephone number; -The password as well as the data allowing for the verification or modification there of as stated in the latest and most updated version;
11.12 Each computer connected to the internet has an IP address. Once a client navigates The Site, The Company gathers the IP address of The Client in order to analyse The Site traffic and to control the activity of The Client on The Site in order to ensure that they do not partake in acts that might infringe upon the General Terms and Conditions of Sales as provided on The Site. Finally, in accordance with the French Data Protection Act dated the 6th of January 1978, The Client has the right of access, verify, suppress as well as the right to object to, for valid reasons, the use of their data collected and processed by The Company by making direct contact with The Company at firstname.lastname@example.org.
11.13 Cookies and Statistical Tools
11.13.2 In accordance with the decision of the CNIL, number 2013-378 on the 5th of December 2013, The Company further informs The Client that cookies record certain information that is then stored in the memory of their hardware/computer. This information serves to better the use and functioning of The Site as well as other services offered by The Company. A warning message is first displayed, asking each person who visits The Site if they wish to accept the cookies. These cookies do not contain confidential information concerning The Client.
11.13.3 The Client, once on the homepage of The Site, will be informed of the following: - The precise use of the cookies; -The possibility to reject these cookies and to change the parameters thereof by clicking on the link provided in the banner; -The fact that continuing to navigate on The Site constitutes an agreement for the deposit of cookies on their computer.
11.13.4 Except in the case of prior consent by The Client, the deposit and reading of cookies will not be carried out: -If The Client visits The Site (the homepage or if another page is accessed directly) and does not continue to navigate: the simple absence of action cannot be interpreted as a statement of will; -If The Client clicks on the link on the banner permitting them to access the cookie parameters and, if it is their desire, refusing the deposit of cookies.
The Client commits to not undermine the security of The Site. To this end, they commit not to partake in any fraudulent access and/or maintenance of the information system of The Company. The Client also commits to not infringe or interfere with The Company’s information system. If they fail to do so, The Company can take any measure against The Client and even pursue criminal responsibility under articles 323-1 et seq. of the Penal Code.
13. FORCE MAJEURE
In the case that there is an event which constitutes a Force Majeure, pursuant to article 1218 of the Civil Code, the party concerned must inform the other party within 15 days from the date of the event. The parties agree that they will come together as soon as possible thereafter, to mutually determine the manner in which they will proceed during this period of Force Majeure.
14. INTELLECTUAL PROPERTY
14.1 All elements of The Site, including The Site itself, are protected by copyright, trademark, design and/or all other intellectual property rights. These elements are the sole property of The Company. All of these rights are reserved worldwide.
14.2 The name and the trademark Aatise, the logos, the designs and models, stylized lettering, figurative marks and all of the signs represented on The Site are and shall remain the sole property of The Company.
14.3 As part of the product customisation proposed by The Site, The Client acknowledges that they simply “personalise” a product created by Aatise and that this “customisation” does not consist of any creative effort on their part. This customisation service does not grant The Client any intellectual property rights of any kind, in regard to the products or any other elements on The Site. All intellectual property rights relative to the personalised product remain the exclusive property of Aatise, The Company.
14.4 No title nor right whatsoever, over any element or software can be obtained by the copying or downloading of these elements from The Site. It is strictly forbidden for The Client to reproduce (other than for their own personal and non-commercial use), publish, edit, share, distribute, display, remove, delete, add to The Site or the elements and software it contains, nor modify or perform any work whatsoever by taking them as the base, nor sell or participate in any sale in connection with The Site, the elements of The Site, nor any software relating thereto.
14.5 The Company concedes to The Client a non-exclusive licence for the use of The Site. This licence is strictly personal and cannot, under any circumstance, be given or transferred to any third-party. The licence is granted for the duration of the use of The Site.
14.6 All use, by The Client, of the names, brand, distinctive signs belonging to The Company, is strictly prohibited, unless in the case that The Client has received explicit and prior consent from The Company.
15.1 By ticking the box expressly provided for this purpose or in giving their express consent to this end, The Client agrees that The Company may send them, at a frequency and in a form determined by The Client, a newsletter that contains information concerning The Company’s activities.
15.2 When The Client ticks the box conceived to this end during the sign-up process on The Site, in order to make an Order, The Client accepts that they will receive commercial offers from The Company for products similar to the product(s) ordered. They can also choose this option in their “My Account” area under the tab “Newsletter Settings”. They can also choose their preferences by interest or product category.
15.3 Subscribed members are able to unsubscribe from the Newsletter by clicking on the link provided for this purpose in each of the newsletters.
16. APPLICABLE LAW AND JURISDICTION
16.1 These GTCS are governed and interpreted in accordance with French Law, without taking into account the principles of conflicting laws.
16.2 In the event of a legal dispute arising from the interpretation and/or the execution of these or in relation with these GTCS, The Client can decide to submit the litigation with The Company to a conventional mediation procedure or any other alternative form of dispute resolution.
16.3 The Client can visit the European Consumer Dispute Resolution Platform set up by the European Commission, at the following address, which lists all dispute resolution bodies approved in France: https://webgate.ec .europa.eu / odr / main / index.cfm? event = main.home.show & lng = EN In the event that this mediation is unsuccessful, or if The Client wishes to bring its case to court, the appropriate jurisdiction will be that of Aatise, The Company.