Terms and conditions of sale and use of the service
The present terms and conditions of sale and use (hereinafter the “Terms and Conditions”) apply to any transaction carried out by an individual Internet user on the websites of the bastaprint.com domain, or on the eponymous applications (hereinafter the “SITE”) with SmilyWay, a company registered with the Paris Trade and Companies Registry under the SIRET number 889 430 732 00020 – France. email: email@example.com (hereinafter the “SELLER”).
ARTICLE 1. DEFINITIONS
The terms used hereafter have, in the present General Conditions, the following meaning:
"SELLER": means the company SmilyWay "WEBSITE " : the Internet sites of the bastaprint.com domain, or the eponymous applications "CUSTOMER": refers to the person present on the SITE or having subscribed to a service on this SITE "CARD": means a passive electronic device, in the format of a business card, containing an NFC chip meeting the ISO 14443 standard, and personalized for the CLIENT. "OPTIONS": refers to the features of the SITE offered for a fee. "SERVICE": refers to the SELLER's services offering the management of the CUSTOMER's contact information and the sale of OPTIONS to the CUSTOMER
ARTICLE 2. OBJECT
These Terms and Conditions govern the provision by the SELLER to its CUSTOMERS of the SERVICE and CARDS.
ARTICLE 3. ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be read before using the SERVICE. The CUSTOMER is invited to carefully read, download and print the Terms and Conditions and to keep a copy.
The CUSTOMER declares that he/she has read these Terms and Conditions and accepts them without limitation or reservation.
These General Terms and Conditions may be modified at any time, the applicable version being the one in force on the Site at the date of use of the SERVICE or of the CARD order.
ARTICLE 4. USE OF THE SERVICE
The use of the service by the CLIENT is free of charge. Only certain features are subject to a charge and constitute the OPTIONS.
The CLIENT agrees not to use the SERVICE for illegal purposes. By using the SERVICE, the CUSTOMER is responsible for any consequences resulting from false or inaccurate information transmitted, or information that would be illegal to use. The SELLER shall not be liable for any information, errors or statements made by the CUSTOMER.
The CUSTOMER ordering a CARD or an OPTION declares that he/she is at least 18 years old and has the legal capacity or is the holder of a parental authorization allowing him/her to place an order on the SITE. He/she undertakes to provide the SELLER with the information necessary for the performance of the SERVICE, in particular the delivery of the CARD.
In the event of cessation of activity, the SELLER undertakes to maintain a service of such nature as to make the cards functional for 10 years following their acquisition by the CUSTOMER.
ARTICLE 5. ORDERING A CARD
The CUSTOMER shall order a CARD after having drawn a CARD corresponding to the desired design: to place an order, the CUSTOMER must select the thumbnail corresponding to his choice.
The graphics will be reproduced as faithfully as possible by the SELLER, but, in the case of a wooden support, the SELLER will select the species chosen by the customer without being able to guarantee that the characteristics of the material will be identical to those of the visual.
In general, the photographs and visuals of the products presented on the SITE are not contractual; the SELLER’s responsibility can therefore not be engaged if the characteristics of the objects differ from the visuals present on the SITE or if the latter are erroneous or incomplete.
Any order will be validated only after acceptance of the payment. An invoice will be sent by e-mail; the invoice can be found on the SITE.
The SELLER may accept orders within the limits of available stocks. The SELLER informs the CUSTOMER of the availability of the CARDS sold on the SITE at the time of order confirmation.
If, despite the SELLER’s vigilance, the products are unavailable, the SELLER shall inform the CUSTOMER by e-mail as soon as possible. The CUSTOMER may then cancel the order and be reimbursed the sums paid for it.
The unavailability of products does not engage the responsibility of the SELLER, nor does it entitle the CUSTOMER to any compensation.
The SELLER reserves the right to cancel or refuse an order in the event of a dispute with the CUSTOMER over a previous order.
ARTICLE 6. NO RIGHT OF WITHDRAWAL
In the case of the provision of a SERVICE, the CLIENT has no right of withdrawal.
In the case of the supply of a CARD, the personalization of the CARD puts an end to the CLIENT’s right of withdrawal, pursuant to Article L. 221-28 of the Consumer Code.
The CLIENT is informed of this absence of right of withdrawal at the time of ordering.
The CUSTOMER may at any time cease to use the SERVICE, and no longer be billed for subsequent use.
ARTICLE 7. PRICES
The prices displayed on the SITE are indicated in euros and include all French taxes (VAT and other taxes that may be applicable).
The prices can be modified without notice. The items will be invoiced on the basis of the rates in force at the time of the registration of the order.
ARTICLE 8. PAYMENT
The payment is carried out in one time and in a complete way, at the time of the order. The payment cannot be considered as a deposit nor as a down payment.
The CUSTOMER certifies that he/she is entitled to use a credit card to pay his/her invoice. The payments are secured thanks to the SystemPay and 3D Secure systems, or any other system in force on the day of the invoice.
By transmitting his payment card information, the CUSTOMER authorizes the SELLER to debit his account for the amount of the invoiced price. If, for any reason, the account cannot be debited, the CUSTOMER will be invited to use another method of payment. It is hereby specified that all payment information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.
ARTICLE 9. DELIVERY
The SELLER can deliver the CARDS in France, in the countries of the European Union, as well as in all the countries served by the La Poste Group and its partners.
The delivery times indicated on the site are indicative, and correspond to the average processing and delivery times of orders. In case of error or inaccuracy of the information provided by the CUSTOMER for the delivery, the SELLER cannot be held responsible for the delays or the losses of the CARD.
In the event of a damaged package, the CUSTOMER agrees to notify the carrier and the SELLER of any reservations without delay by any means.
ARTICLE 10. GUARANTEES AND RESPONSIBILITIES
During the entire process of providing the SERVICE, OPTIONS or CARDS, or delivering CARDS, the SELLER has only an obligation of means. The SELLER shall not be held liable for any inconvenience or damage inherent to the use of the SERVICE, in particular any case qualified as “force majeure” by the law or jurisprudence.
In case of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim any damage and will not be able to claim any compensation.
The SELLER undertakes to make its best efforts to guarantee the absence of intrusion in its computer systems, and the absence of viruses.
ARTICLE 11. PERSONAL DATA
The subject of personal data is dealt with on the DATA page.
The SELLER undertakes to use the CUSTOMERS’ personal data only in the context of the operation of the SITE and the provision of the SERVICES and CARDS.
This data will be subject to computer processing. The SELLER may communicate this data to technical service providers within the strict limits of the needs of the SERVICE, after ensuring that this data is processed with the appropriate degree of confidentiality.
The CUSTOMER may request the deletion of this data at any time.
ARTICLE 12. INTELLECTUAL PROPERTY
The SELLER retains all intellectual property rights on all visual, audio or audiovisual elements of the SITE, including the underlying technologies used. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
ARTICLE 13. CLAIMS AND FORCE MAJEURE
Any complaint of the CUSTOMER will have to be transmitted by e-mail to the address firstname.lastname@example.org.
In the event of a case of force majeure, the party concerned must inform the other by e-mail within fifteen days from the occurrence of this event. The other party must acknowledge receipt of this e-mail without delay.
During the duration of the event of force majeure, all the obligations of the parts will be suspended, without compensation.
ARTICLE 14. JURISDICTION AND APPLICABLE LAW
The present Terms and Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. This translation is for information only: in case of inconsistency, the French version will prevail. In case of dispute, only the French courts of Paris will be competent.
If any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
Before any legal recourse, the CUSTOMER is invited to seek an amicable solution with the SELLER. If the Parties fail to reach an amicable settlement within a reasonable time, each Party may refer the matter to the Mediator of the French National Federation of Distance Selling (FEVAD), in accordance with the procedure available on the mediatorfevad.fr website.
This mediation suspends the time limits for appeal to the competent courts.
Terms and Conditions validated on May 6, 2022.