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SCRIBLETTE
Simplified joint stock company.
Head office: 4 cité radio, 31810 Vernet, France
RCS 839 990 967 Toulouse
TERMS AND CONDITIONS OF ONLINE SALES
"SCRIBLETTE" is a trademark registered with the INPI under no. 4401724
and with the EUIPO under no. 017895750.
These general conditions of sale (hereinafter referred to as the "GCS") are offered by SCRIBLETTE (hereinafter referred to as the "Vendor"), a simplified joint stock company, whose registered office is located at 4 cité radio, 31810 Vernet, France, registered with the Toulouse Trade and Companies Register under number 839 990 967.
The Seller is the owner and publisher of the https://www.scriblette.com/ website (hereinafter referred to as the "Site").
The Site is hosted by several partners:
- Main site: Strikingly.com, a $17.5m company based in Sunnyvale, California, USA
- Cash payment: Stripe.com, an $859.1m company based at 510 Townsend St, San Francisco, California, United States of America
- Payment by subscription and in 3 instalments: GoCardless.com, SAS with capital of €6M, based at 23-25 Avenue Mac-Mahon, Paris, 75017, France
- Videos: YouTube.com, an $11.5m company based at 901 Cherry Ave, San Bruno, U.S.A.
The publication director is Mr Franck Poullain.
These General Terms and Conditions of Sale define the legal framework of the relationship between the Vendor and its customers (hereinafter referred to as the "Customers"). The Vendor and the Customer are hereinafter jointly referred to as the "Parties" and individually as a "Party".
Before using the Site, the Customer must ensure that he/she has the technical and IT resources to use the Site and to order the products offered by the Vendor via the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and free of viruses.
The Vendor can be contacted at the address given at the top of this document, or by using the contact form at the following address: https://www.scriblette.com/.
The Seller's business is the online sale of electronic devices for students and professionals (hereinafter referred to as "the Products") on its Site.
The purpose of these General Terms and Conditions of Sale is to define all the conditions under which the Vendor markets its Products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter referred to as the "Order") for Products placed on the Site by the Customer.
The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her Order.
Validation of the Order therefore implies acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site on the date the Order is placed. The Customer will be kept informed of any changes to the GCS by any means.
In the absence of express acceptance by the Customer, any condition to the contrary will be unenforceable against the Vendor, regardless of when it may have been brought to the Vendor's attention.
The fact that the Vendor does not avail itself at a given time of any provision of the present GTCS may not be interpreted as a waiver of the right to avail itself at a later date of any provision of the said GTCS.
2.1 The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://scriblette.com website, which the Customer is required to read before placing an Order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the Order is placed.
The Customer selects the Product(s) he/she wishes to purchase and can access the Order summary at any time.
The Order summary lists the Product(s) selected by the Customer, as well as any additional costs that may be added to the Order price. The Customer may modify his/her Order and correct any errors before accepting it.
After accessing the Order summary, the Customer enters his/her bank details and confirms acceptance of the Order by ticking the GTS validation box, then clicking on the Order validation icon. The words "Order with payment obligation" or a similar unambiguous wording appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.
Once the Terms and Conditions of Sale have been accepted and the Order validated, including the obligation to pay, the contract is validly concluded between the Vendor and the Customer and irrevocably binds them. The Vendor will then send the Customer an Order confirmation by e-mail, which will include the details of the Order summary.
After validating the delivery and invoicing details, the Customer pays for the Order in accordance with the terms and conditions specified in article 3 of these GCS.
2.2 The Products presented on the https://scriblette.com website are offered for sale in the following territories: European Union, United Kingdom.
In the event of an Order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union, the price will be calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.
2.3 The Vendor reserves the right to correct the content of the Site, in particular to adapt to changes in the Site and the Vendor's activity by making new Products available, or deleting or modifying existing Products.
The sale will only be considered valid once the price has been paid in full. It is the Customer's responsibility to check the accuracy of the Order and to immediately notify the Vendor of any error by e-mail or via the contact form indicated in the PREAMBLE.
3.1 The Products are supplied at the current prices shown on the https://scriblette.com website.
Prices are given in Euros, exclusive of tax and inclusive of all taxes. Payment must be made in full on the day the Order is placed by the Customer, by credit card unless special conditions of sale are expressly accepted by the Customer and the Vendor.
Prices take into account any discounts granted by the Seller on the Site.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
The Customer also has the option, when indicated on the Site, of paying for the Order according to the following conditions and schedule:
In this case, in the event of late payment and payment of the sums due by the Customer beyond the fixed deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount inclusive of tax of the Order price will be automatically and by right acquired by the Vendor, without any formality or prior formal notice.
Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may take against the Customer.
The prices displayed on the Site are firm and non-revisable during their period of validity. However, the Vendor reserves the right to modify prices at any time outside the validity period.
The prices do not include the costs of processing, shipping, transport and delivery of the Products ordered, which are invoiced in addition under the conditions indicated on the Site and calculated prior to the placing of the Order by the Customer.
In the event of unavailability of a Product ordered, the Customer will be informed by e-mail. The customer may withdraw from the contract at any time and obtain a refund of the sums paid.
3.2 In the event of payment by credit card, the Site uses the Stripe and MyPangee.com security systems, service providers specialized in securing online payments. These systems guarantee the total confidentiality of the Customer's banking information. The credit card transaction between the customer and the secure system is fully encrypted and protected. The Customer's bank details are not stored by the Vendor.
The Customer guarantees the Vendor that he/she has the necessary authorizations to use the method of payment when placing the Order.
Communications, order forms and invoices are archived on a reliable and durable medium. They may be produced as proof of the contract, where applicable.
The Vendor reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Vendor, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an Order.
4.1 Products ordered by the Customer may be delivered to Metropolitan France and the European Union.
All information relating to delivery charges is available directly on the Site.
Postal delivery charges are set by the various carriers and vary accordingly. The total amount owed by the Customer for delivery costs appears in the Order summary, before payment.
When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred at the moment the goods are handed over to the carrier.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
In accordance with article L.216-4 of the French Consumer Code, any risk of loss or damage to the goods is transferred to the consumer at the time he/she takes physical possession of the Products.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to deliver the Products within a period not exceeding fifteen (15) working days from the date of the Order. When the Order is ready, the Customer will be informed by e-mail of the delivery of the Product(s). The Product(s) ordered will be delivered to the address indicated by the Customer at the time of placing the Order, in accordance with the conditions specified in the "Product Order" article of these GTS.
The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the times specified above. However, these delivery times are given as an indication only.
4.2 The Customer will be informed by e-mail when the Order has been dispatched. If, within a period of ten (10) days following dispatch of the Order by the Vendor, the Customer does not receive the Products ordered, he/she may contact the Vendor by mail at the e-mail address indicated in the PREAMBLE in order to request reshipment or reimbursement of the Order. Reimbursement will be made in full no later than fourteen days following the date of cancellation of the contract, including the cost of reshipment if the Order is delivered after cancellation.
The Vendor undertakes to provide the Customer with all documents necessary for the transportation of the Product after delivery, in particular documents required for customs clearance.
4.3 The Customer must ensure that the information communicated in the article "Ordering Products" and mentioned in the confirmation e-mail is correct, and that it remains so until complete receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Vendor of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an e-mail to the customer service e-mail address without delay. Failing this, in the event of late and/or incorrect delivery, the Customer may under no circumstances hold the Vendor liable, and the Vendor's customer service department will contact the Customer to arrange a second delivery at the Customer's expense.
The Customer is also responsible for checking the condition of the products delivered. To this end, he/she has a period of 5 working days from delivery to make any complaints by e-mail to the e-mail address indicated in the PREAMBLE, or by post to the address of the registered office, accompanied by all relevant supporting documents (in particular photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
Nor shall the Vendor be held liable if the non-receipt of the Products is due to the act of a third party outside his intervention or in the event of theft.
The Customer undertakes to be present at the delivery address at the time of delivery of the Products.
Products are sold under reservation of title until full payment has been received. Payment is understood to mean payment of the price of the Products and the costs associated with the sale and interest. Thus, in the event of non-payment, the Customer must, at his own expense and risk, return the unpaid Products eight (8) days after formal notice has been served by registered letter with acknowledgement of receipt, which has remained without effect.
In this case, the sale will be automatically cancelled on the date of the request for restitution. Notwithstanding the application of this retention of title clause, the Customer shall bear the risks from the date of delivery of the Products.
According to article L221-18 of the French Consumer Code, "The consumer has a period of fourteen days in which to exercise his right to withdraw from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give any reason for his decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the day:
In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good."
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GCS.
Returns must be made to the Vendor or to a person designated by the Vendor, in their original condition and complete (packaging, accessories, etc.) to enable them to be marketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted for return. Customers are reminded that, in the event of retraction after use of the Product(s), they are liable for any depreciation of the goods resulting from handling other than that required. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for goods offered for sale there.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery charges will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. The Vendor will make the refund using the same means of payment as that used for the initial transaction (unless the Customer expressly agrees to use another means of payment, and insofar as the refund does not incur any costs for the Customer).
The refund will be made within fourteen (14) days of receipt of the returned Product by the Customer.
Products supplied by the Vendor benefit from:
Article L217-4 of the French Consumer Code:
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility."
Article L217-5 of the French Consumer Code:
"The property conforms to the contract:
Article L217-12 of the French Consumer Code:
"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code:
"When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Legal warranty of conformity
The legal guarantee of conformity is 24 months from the date of receipt of the product.
If a Customer considers that he has received a Product that he considers to be defective or non-conforming, he must:
It is the Customer's responsibility to provide full justification of any apparent defects and/or anomalies. The Customer must allow the Vendor every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He shall refrain from intervening himself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the Vendor, the latter will then send the Customer instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will proceed with the replacement of the Product whose lack of conformity or defectiveness the Vendor has been led to note.
In the event that it is impossible to exchange the Product, the Vendor will be obliged to reimburse the Customer within fourteen (14) days of receipt of the Product. Reimbursement will be made at the Seller's discretion by crediting the Customer's bank account, and the Customer may opt for another method of reimbursement.
Shipping and return costs are not reimbursed. They remain the responsibility of the customer.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 21 working days following the Vendor's finding of the non-conformity or hidden defect. Refunds may be made by bank transfer or cheque.
The Vendor cannot be held liable in the following cases:
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
The Customer agrees to abide by the terms of these GTC.
The Customer undertakes to use the Site in accordance with the laws and regulations in force.
The Customer agrees to use the Site solely for personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from:
If, for any reason whatsoever, the Vendor considers that the Customer is in breach of these GTC, the Vendor may, at any time and at its sole discretion, remove the Customer's access to the Site and take any measures, including civil and criminal legal action, against the Customer.
The Vendor takes all possible steps to ensure that the Customer is supplied with quality Products under optimum conditions. However, the Vendor may not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which may be attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Vendor were to be held liable, it could under no circumstances agree to compensate the Customer for indirect damage or damage whose existence and/or quantum could not be established by evidence.
The Site may contain links to other sites not edited or controlled by the Vendor, who cannot be held responsible for the operation, content or any element present on or obtained through these sites.
The establishment of such links or the reference to any information, articles or products provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the Vendor of these sites and elements or their content.
The Vendor is not responsible for the availability of these sites and cannot control their content nor validate the advertising, products and other information disseminated on these websites.
It is expressly stipulated that the Vendor cannot be held responsible in any way whatsoever if the Customer's computer equipment or e-mail system rejects, for example due to anti-spam software, e-mails sent by the Vendor, including but not limited to the copy of the payment receipt, the Order summary and the shipment tracking e-mail.
The Customer is fully aware of the provisions of the present article and in particular of the aforementioned warranties and limitations of liability, essential conditions without which the Vendor would never have contracted.
In accordance with the French Data Protection Act of January 6, 1978 and the European Data Protection Directive (RGPD), the Customer is hereby informed that certain mandatory information is required to enable the Vendor to process and execute Orders placed through the Site and, where applicable, to manage the operation of the Customer Area.
This compulsory information, the failure of which would block the Order process on the Site, is as follows:
The Seller collects personal data only in compliance with the terms of these GTC and any reasonable legal instructions given by the Customer.
The Seller will implement all technical and organizational measures necessary to ensure the protection of personal data. The Seller undertakes to limit the amount of personal data processed from the outset.
If the Seller becomes aware of a violation of rights in connection with the processing of personal data, this violation will be notified to the CNIL within a period not exceeding seventy-two (72) hours.
Any violation relating to the processing of personal data will be notified to the party concerned by e-mail within one (1) month.
Each Party will take appropriate technical and organizational measures to prevent the unauthorized or unlawful processing of personal data or its accidental loss, destruction or deterioration.
Rights of access, modification, opposition, portability and deletion
In all cases, any person concerned has the right to access, modify, oppose, port and delete personal data concerning him or her by writing to the address indicated in the PREAMBLE and , specifying his or her surname, first name, e-mail address and postal address.
In accordance with current regulations, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the person concerned. The person concerned will be able to retrieve his or her personal data in an open and readable format. The right to portability is limited to the data provided.
It applies on the basis of prior consent. The Vendor undertakes to transfer, on request, within one (1) month, any document collecting personal data to the person concerned in order to be able to implement the right to portability. The cost of recovering the data shall be borne by the person concerned.
In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the Vendor also informs Customers that cookies record certain information that is stored in the memory of their hard disk. This information is used to generate Site audience statistics and to offer Products according to the Products they have already selected during their previous visits. An alert message, in the form of a banner, asks each visitor to the Site whether they wish to accept cookies. These cookies do not contain any confidential information about Site users.
Customers visiting the home page or any other page of the Site directly from a search engine will be informed:
To guarantee the free, informed and unequivocal consent of the Customer visiting the Site, the banner will not disappear until the Customer has continued browsing.
Unless the Customer has given his prior consent, cookies will not be deposited or read:
Scriblette is a registered trademark:
- In France under INPI number 4401724 since November 5, 2017
- In the European Union under EUIPO number 017895750 until May 6, 2028
All elements of the Site and the Site itself are protected by copyright, trademark, design rights and/or other intellectual property rights. These elements are the exclusive property of the Seller. All these rights are reserved worldwide.
The name, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Vendor.
No title or right whatsoever in any element or software shall be obtained by downloading or copying elements from this Site. The Customer is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the materials and software contained herein, nor from selling or participating in any sale in connection with this Site, the materials on this Site or any software related thereto.
The Vendor grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may under no circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Customer of the corporate names, trademarks and distinctive signs belonging to the Vendor is strictly prohibited without the Vendor's express prior consent.
The Customer undertakes not to undermine the security of the Site. To this end, he/she undertakes not to access and/or maintain the Site's information system fraudulently. Nor may the Customer damage or hinder the Site's information system. Should the Customer fail to do so, the Vendor may take any measures against him/her, including incurring criminal liability under articles 323-1 et seq. of the French Penal Code.
Any event beyond the control of the Seller and against which it could not reasonably guard constitutes a case of force majeure and suspends the obligations of the Parties, such as but not limited to: a strike or technical failure (EDF, ERDF, telecommunications operators, Internet access or hosting providers, Registrar, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which the Seller depends and/or networks that may replace it.
The Seller shall not be held liable, or considered to have failed in its obligations under these GCS, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, on condition that it notifies the other Party of this on the one hand, and that it does its utmost to minimize the damage and perform its obligations as quickly as possible after the cessation of the case of force majeure on the other hand.
The provisions of these GCS express the entire agreement between the Customer and the Vendor. They shall prevail over any proposal, exchange of letters prior or subsequent to the conclusion of the present GTCS, as well as over any other provision appearing in the documents exchanged between the Parties and relating to the subject matter of the GTCS, except in the case of an amendment duly signed by the representatives of both Parties.
The fact that one of the Parties to these GCS has not required the application of any clause, whether permanently or temporarily, shall in no way be considered as a waiver of that Party's rights arising from the said clause.
If one or more provisions of these GTS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations of these GTS will retain their full force and scope.
If necessary, the Seller undertakes to immediately remove and replace the said clause with a legally valid clause.
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
For any complaint, please contact customer service at the postal address at the top of these terms and conditions or at the Seller's e-mail address indicated in the PREAMBLE of these terms and conditions.
The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is:
Centre de médiation TOULOUSE-PYRÉNÉES
FFCM
13 rue des Fleurs
31000 TOULOUSE
https://www.ffcmediation.org/centre/mediation-toulouse-pyrenees
Email:
[email protected]
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of ordinary law.
APPENDIX I
Withdrawal form
Date ____/____/________
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://scriblette.com, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
To the attention of:
Scriblette
4 cité radio
31810 Vernet
I hereby give notice of withdrawal from the contract for the following item: