General Conditions of the Seller
SELLER’S GENERAL CONDITIONS APPLICABLE TO TRANSACTIONS EXECUTED ON THE PLATFORM
1. DEFINITIONS
1.1. The provisions described in these DEFINITIONS are worded as follows:
Product means a Voucher and/or Digital Content respectively.
General Conditions mean these General Conditions specifying the rules for the conclusion and execution of a Contract between the Buyer and the Seller, including the rights and obligations of these parties and the rules for the complaints procedure. All annexes form an integral part of the Terms, unless otherwise stated.
Platform – means a marketplace that allows the seller and buyer to connect in order to complete a sale of products.
The buyer means a natural person with full legal capacity, a legal entity or an organizational unit with legal capacity, which enters into an agreement with the seller.
Consumer means a Buyer residing in the European Economic Area who is a natural person entering into the Contract acting for purposes unrelated to trade, business, crafts or the exercise of an independent profession.
Contract means the contract for the sale of a Product concluded between the Seller and the Buyer on the Platform and governed by these General Conditions.
Goods means tangible personal property.
Seller means TOP RECHARGE, 61 rue de LYON 75012 PARIS, registration number
983747668 FRANCE
which sells its own Buyer Products on the Platform.
Seller Store – means a Seller-only area on the Platform where all Seller Offers are displayed along with Seller information and contact details.
Digital content refers to data that is produced and delivered in digital form, in particular game activation codes, top-up cards, subscriptions.
Order means the Buyer's declaration aimed directly at the conclusion of the Contract with the Seller on the Platform, specifying in particular the type and number of Products.
2. GENERAL PROVISIONS
2.1. These Conditions define the rules for concluding and executing Agreements between the Buyer and the Seller on the Platform, but they are without prejudice to the rules included in the general conditions of the Platform. The sale of Products via the Platform to the Buyer is carried out by the Seller. If any provision of these Terms and Conditions conflicts with the provisions of the Platform Terms and Conditions, the provisions of the Platform shall prevail, and the conflicting provisions of these Terms and Conditions shall not apply to the Contract between the Buyer and the Seller.
2.2. The Buyer is required to read these General Conditions and comply with their provisions in order to conclude and perform the Contract with the Seller. These general conditions constitute the contract concluded between the seller and the buyer.
2.3. The provisions of these General Conditions do not affect the rights of consumers attributable to generally applicable law.
2.4. The Buyer may at any time, free of charge, access these Terms and Conditions via an online reference (i.e. a link) on the product page where the relevant product is listed as well as on the seller's store or ask the seller to deliver them on a durable medium, including by email.
2.5. The Buyer may not post on the Platform or provide illegal content to the Seller and use the Platform in a manner contrary to the law, decency or the rights of third parties protected by law.
2.6. The Buyer confirms that under the national laws applicable in its country of residence, it is able to enter into a legally binding agreement governed by these General Conditions. Buyer hereby agrees that Buyer is not prohibited from purchasing Seller's Product under any state regulations or other restrictions.
2.7. The Buyer acknowledges that the Seller will use the Buyer's data for the purposes of performance of the contract, including delivery of the Product to the Buyer at the address provided. The Buyer confirms that the data provided by him/her to the Seller is true, complete, reliable and not misleading.
2.8. The Buyer may communicate with the Seller via: (i) the contact forms available on the Platform, (ii) by email specified on the Seller's Store or (iii) by telephone if provided on the Seller's Store . The costs of using said means of communication by the Buyer are his responsibility and are calculated according to the rates of the telecommunications operator whose services the Buyer uses.
2.9. The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the Buyer's data by unauthorized persons. The main threat to any Internet user, including people using electronic services, is the possibility of "infecting" the ICT system with various types of software created primarily to cause damage, such as viruses, "worms" or “Trojan horses”. Therefore, the buyer must use appropriate technical measures that will minimize the aforementioned risks. In particular, they should use antivirus programs and programs that protect the identity of Internet users.
3. ORDERS
3.1. Orders for Products presented by the Seller can be placed by the Buyer every day within 24 hours only on the Platform. When placing the Order, the Buyer confirms that he is aware that the execution of the Order entails the obligation to pay for the purchased Product and additional services, including delivery costs and payment costs (if applicable).
3.2. Orders can only be placed by the Buyer who has full legal capacity in accordance with applicable regulations and who is 18 years of age or older.
3.3. The Buyer may purchase an additional service (e.g. delivery of Products, insurance, warranty, value-added services, assembly, installation, payment) if it is available for purchase on the Platform. The Buyer cannot purchase an additional service without purchasing the Product.
3.4. Information relating to the Product placed on the Platform does not constitute an offer to sell the Product by the Seller within the meaning of the law, but only an invitation to submit an offer to purchase by the Buyer (i.e. to conclude a Contract).
3.5. Placing an Order constitutes the submission by the Buyer to the Seller of an offer to conclude a Contract, the purpose of which is the purchase of the Product, and an additional service covered by it (the optionally). The condition for submitting an Order by the Buyer is payment in advance of the entire price, including additional costs, for the Products to which the Offer relates.
3.6. After placing the Order, the Seller sends the Order confirmation to the email address provided by the Buyer using available electronic systems, including that of the Platform (if applicable). The Order confirmation is a declaration by the Seller as part of the acceptance of the Buyer's offer covered by a specific Order and the Contract is concluded upon receipt by the Buyer.
3.7. In particular cases, the number of Products that the Buyer intends to purchase may be limited, of which the Buyer is informed each time when placing an Order on the Platform.
4. PAYMENT
4.1. The prices displayed on the Platform are gross prices expressed in the currency displayed. Where applicable, other charges may apply, including delivery charges, payment fees, etc. (if applicable). The final price that the Buyer is obliged to pay as part of the conclusion of the Agreement, as well as the costs of the additional service, will be visible at the last check-out point on the Platform.
4.2. The Buyer can choose the payment methods linked to the Contract concluded which will be displayed during the purchasing procedure on the Platform.
4.3. All payments made by the buyer as a result of the agreement reached must be made during the purchasing process.
4.4. The seller's billing policy is specified separately in the seller's store.
4.5. The Seller is solely responsible for providing the Buyer being a Consumer with confirmation of the concluded Contract, on a durable medium, within a reasonable time after the conclusion of the Contract as well as for fulfilling other legal obligations, if the corresponding confirmation is requested by the Buyer.
4.6. In the case of the sale or delivery of a product, the seller is subject to (i) withholding tax or similar tax; or (ii) to any sale, use, goods and services, value added or other tax or levy; or (iii) any other government tax or levy of any kind. the full amount of such tax or levy (if applicable), unless such tax or levy amount is payable by the Buyer in accordance with applicable law, The corresponding tax or levy will be borne by the Seller and withheld on the amount of funds received by this seller from the buyer for the product.
4.8. Buyer agrees that the payment service provider(s) has the right to share information about the status of Buyer's payments for the Products with Seller and/or persons or legal entities designated by the Seller, in particular to natural or legal persons operating and managing the Platform.
4.9. For the avoidance of doubt, Seller and Buyer hereby agree that interactions between Seller and payment aggregation service provider(s) and/or Payment Services is not covered by these Terms terms and any relationship of the Seller with the aggregator payment service provider(s) and/or payment service provider(s) is not governed by these Terms and Conditions and the Seller will enter into a separate agreement with the aggregator payment service provider(s) and/or payment service provider(s) for the services provided by the latter to the Seller (if applicable).
4.10. The Seller may participate in promotional programs for Sellers if they are available on the Platform. If the seller has chosen to include the specific offer in the promotional program, this will be reflected in the displayed offer itself.
5. DELIVERY
5.1. In the case of the Physical Product, the Seller delivers it to the countries available on the product page regarding the respective Physical Product published on the Platform.
5.2. In the case of Digital Content, the Seller enters into a contract with an external partner to store the Digital Content and authorize delivery of the Digital Content to the Buyer. Seller authorizes manual delivery of the Digital Content to Buyer upon successful completion of the transaction and Buyer hereby agrees to receive the Digital Content in the manner authorized by Seller.
5.3. The purchased physical Product is delivered to the Buyer through the supplier to the address used by the Buyer on the Platform within the time period indicated on the respective product page regarding the Product sold. The purchased Digital Content is delivered to the Buyer by an external partner who stores it and delivers it to various Buyers after the completion of the sales transaction authorized by the Seller.
5.4. The seller's delivery preference is also clearly stated in the seller's store.
5.5. The Products must be delivered within the time indicated on the Seller's Store or on the respective product page where the Products are presented.
5.6. For the avoidance of doubt, Seller and Buyer hereby agree that interactions between Seller and the provider of external digital content storage services are not covered by these Terms and Conditions and that any relationship of Seller with such provider of services is not governed by these Terms and Conditions and the Seller will enter into a separate agreement with the service provider for the services provided by the latter to the Seller (if applicable).
5.7. The Buyer acknowledges that the Product may contain territorial restrictions in terms of purchase, possession or use which are implemented by their producers or by law - Information on these restrictions is always provided in the Product description on the product page available on the Platform.
5.8. The Seller is required to deliver to the Buyer the Products covered by the Contract without defects.
6. RESPONSIBILITY
6.1. SELLER ACKNOWLEDGES, WARRANTS AND AGREES THAT THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND COSTS OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM THE CONCLUSION AND EXECUTION OF THE CONTRACT, AS WELL AS FOR VIOLATION OF THE RIGHTS OF THE BUYER OR VIOLATION OF THE RIGHTS OF THIRD PARTIES, IN PARTICULAR INTELLECTUAL PROPERTY, PRIVACY, ADVERTISING OR OTHER PROPERTY.
6.2. SELLER ACKNOWLEDGES, WARRANTS AND AGREES TO INDEMNIFY AND DEFEND THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, EXPENSES AND EXPENSES OF ANY KIND ( INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS), ARISING OUT OF OR RELATED TO: (A) THE CONCLUSION AND PERFORMANCE OF THE AGREEMENT; (B) THE SELLER'S OR BUYER'S USE OF THE PLATFORM; (C) VIOLATION OF THESE TERMS AND CONDITIONS; OR (D) VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER PROPRIETARY RIGHTS.
7. COMPLAINT
7.1. Any complaint relating to the Product or the execution of the Contract may be submitted by the Buyer in any form whatsoever, via: (i) the contact form available on the Platform, (ii) by email mentioned in the Store from the Seller or (iii) by telephone if provided in the Seller's store. The costs of use of said means of communication by the Buyer are his responsibility and are calculated according to the rates of the telecommunications operator whose services the Buyer uses.
7.2. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint relating to the Product or the complaint related to the execution of the Contract submitted by the Buyer.
7.3. The buyer who is a consumer in the European Union area may use a non-judicial dispute resolution platform (ODR platform) available at http://ec.europa.eu/consumers/odr/ regarding the agreement concluded with the seller.
8. WITHDRAWAL OF THE CONTRACT BY CONSUMERS
8.1. Article 10 [ WITHDRAWAL FROM THE CONTRACT BY CONSUMERS] governs the right to withdraw from the Contract reserved by law solely for the benefit of consumers.
8.2. The Buyer who is a Consumer having concluded the Contract may withdraw from it within 14 days without giving any reason. The withdrawal period will expire after these 14 days.
8.3. The withdrawal period of the Consumer Agreement begins when:
8.3.1. The agreement provides for the delivery of digital content - the date of conclusion of the agreement;
8.3.2. The Contract provides for the release of the Goods by the Seller - the taking of possession of the Goods by the Consumer or a third party designated by him other than the carrier;
8.3.3. The Agreement covers many Goods which are delivered separately, in batches or in parts - from the taking of possession of the last Product, batch or part, for the remaining Agreements - from the date of their conclusion
8.3.4. The Contract provides for the regular delivery of the Products for a specific period - the day on which the Consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first of the Products.
8.4. The consumer may withdraw from the contract by presenting the seller with an unequivocal declaration of withdrawal. The declaration may be presented on the form whose model has been placed by the Seller in Appendix 1 of these General Conditions, but it is not obligatory.
8.5. To meet the deadline, it is sufficient to send a declaration of termination of the Contract before its expiration, for example (i) via the contact form on the Platform, (ii) in writing to the Seller's address, (iii) by telephone or (iv) by e-mail. In the declaration of termination of the Contract, the Consumer must indicate (i) their first and last name, (ii) their telephone number, (iii) their email address and (iv) their postal address, if applicable.
8.6. The Seller immediately confirms to the Consumer receipt of the declaration of termination of the Contract in return to the Buyer, on a durable medium, including by e-mail.
8.7. In order to respect the Contract withdrawal deadline, the Consumer simply needs to send information concerning the exercise of the right of Contract withdrawal before the Contract withdrawal deadline.
8.8. In the event of withdrawal from the Contract, it is considered invalid. The Seller is obliged to return immediately, no later than 14 days from the date of receipt of the Consumer's declaration upon termination of the Contract, all payments made by him, including the costs of delivering the Product to the Consumer.
8.9. The seller may withhold reimbursement of payments received from the consumer until the product is received or the buyer provides proof of return of the product, whichever occurs first.
8.10. The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly accepted another method of return, which does not involve any cost for him; in all cases, the Consumer will not incur any costs linked to this return.
8.11. If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not required to reimburse the Consumer for the additional costs he incurs.
8.12. The consumer is obliged to return the product to the seller immediately, but at the latest within 14 days following the date on which he withdrew from the contract. To meet the deadline, simply return the Product to the Seller's address before the deadline.
8.13. In the event of withdrawal, the Consumer Buyer only bears the direct costs of returning the Product.
8.14. If, due to its nature, the Product cannot normally be returned by post, the Seller informs the Consumer of the costs of returning the item (i) via the contact form on the Platform, (ii) in writing to the Consumer's address.
8.15. The consumer is responsible for the reduction in the value of the product due to its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
8.16. By placing an order for digital content, the consumer accepts the seller's performance before the expiration of the period authorizing the consumer to withdraw from the contract. In the aforementioned case, the consumer is not entitled to withdraw from the contract.
8.17. The right to withdraw from the Contract is not granted to the Buyer who is a Consumer in relation to Contracts in which the subject is:
8.17.1. the provision of services within the framework of which the service has been fully executed, if the execution has started with the express prior consent of the consumer, and after having recognized that he will lose his right to withdraw from the Contract upon complete execution of the contract by the Seller;
8.17.2. the delivery of goods manufactured to the consumer's specifications or clearly personalized;
8.17.3. deliver goods that deteriorate quickly or have a short shelf life;
8.17.4. delivery of sealed Goods which are not suitable for return for reasons of health protection or hygiene and whose packaging has been opened after delivery;
8.17.5. delivery of goods which, after delivery, due to their nature, are inseparably linked to other items;
8.17.6. provide sealed audio or visual recordings or sealed computer software, the packaging of which has been opened after delivery;
8.17.7. the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for these publications;
8.17.8. the delivery of Digital Content which is not delivered on a durable medium, if the execution of the service has started with the express prior consent of the Consumer and after having recognized the loss of his right to terminate the contract.
9. MISCELLANEOUS
9.1. These General Conditions may be amended by the Seller for important reasons, including a change in the scope of the commercial activities carried out by the Seller or the commercial offer of the Seller, the need to adapt the provisions of the Terms and Conditions to the provisions of applicable law, the need to ensure the proper functioning of the Platform, the need to ensure the safety of users of the Platform, In this case, the Seller will inform the Buyer of the type and nature of the modifications in it sending a list of changes and a revised version of the General Conditions to its e-mail address, no later than 15 days before the introduction of the planned changes. Changes to the Terms and Conditions do not apply to Agreements entered into before the amended Terms and Conditions come into force, unless otherwise required by applicable law.
9.2. These General Conditions are concluded directly between the Seller and the Buyer without any natural or legal person being the intermediary or third party of these General Conditions.
1. DEFINITIONS
1.1. The provisions described in these DEFINITIONS are worded as follows:
Product means a Voucher and/or Digital Content respectively.
General Conditions mean these General Conditions specifying the rules for the conclusion and execution of a Contract between the Buyer and the Seller, including the rights and obligations of these parties and the rules for the complaints procedure. All annexes form an integral part of the Terms, unless otherwise stated.
Platform – means a marketplace that allows the seller and buyer to connect in order to complete a sale of products.
The buyer means a natural person with full legal capacity, a legal entity or an organizational unit with legal capacity, which enters into an agreement with the seller.
Consumer means a Buyer residing in the European Economic Area who is a natural person entering into the Contract acting for purposes unrelated to trade, business, crafts or the exercise of an independent profession.
Contract means the contract for the sale of a Product concluded between the Seller and the Buyer on the Platform and governed by these General Conditions.
Goods means tangible personal property.
Seller means TOP RECHARGE, 61 rue de LYON 75012 PARIS, registration number
983747668 FRANCE
which sells its own Buyer Products on the Platform.
Seller Store – means a Seller-only area on the Platform where all Seller Offers are displayed along with Seller information and contact details.
Digital content refers to data that is produced and delivered in digital form, in particular game activation codes, top-up cards, subscriptions.
Order means the Buyer's declaration aimed directly at the conclusion of the Contract with the Seller on the Platform, specifying in particular the type and number of Products.
2. GENERAL PROVISIONS
2.1. These Conditions define the rules for concluding and executing Agreements between the Buyer and the Seller on the Platform, but they are without prejudice to the rules included in the general conditions of the Platform. The sale of Products via the Platform to the Buyer is carried out by the Seller. If any provision of these Terms and Conditions conflicts with the provisions of the Platform Terms and Conditions, the provisions of the Platform shall prevail, and the conflicting provisions of these Terms and Conditions shall not apply to the Contract between the Buyer and the Seller.
2.2. The Buyer is required to read these General Conditions and comply with their provisions in order to conclude and perform the Contract with the Seller. These general conditions constitute the contract concluded between the seller and the buyer.
2.3. The provisions of these General Conditions do not affect the rights of consumers attributable to generally applicable law.
2.4. The Buyer may at any time, free of charge, access these Terms and Conditions via an online reference (i.e. a link) on the product page where the relevant product is listed as well as on the seller's store or ask the seller to deliver them on a durable medium, including by email.
2.5. The Buyer may not post on the Platform or provide illegal content to the Seller and use the Platform in a manner contrary to the law, decency or the rights of third parties protected by law.
2.6. The Buyer confirms that under the national laws applicable in its country of residence, it is able to enter into a legally binding agreement governed by these General Conditions. Buyer hereby agrees that Buyer is not prohibited from purchasing Seller's Product under any state regulations or other restrictions.
2.7. The Buyer acknowledges that the Seller will use the Buyer's data for the purposes of performance of the contract, including delivery of the Product to the Buyer at the address provided. The Buyer confirms that the data provided by him/her to the Seller is true, complete, reliable and not misleading.
2.8. The Buyer may communicate with the Seller via: (i) the contact forms available on the Platform, (ii) by email specified on the Seller's Store or (iii) by telephone if provided on the Seller's Store . The costs of using said means of communication by the Buyer are his responsibility and are calculated according to the rates of the telecommunications operator whose services the Buyer uses.
2.9. The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the Buyer's data by unauthorized persons. The main threat to any Internet user, including people using electronic services, is the possibility of "infecting" the ICT system with various types of software created primarily to cause damage, such as viruses, "worms" or “Trojan horses”. Therefore, the buyer must use appropriate technical measures that will minimize the aforementioned risks. In particular, they should use antivirus programs and programs that protect the identity of Internet users.
3. ORDERS
3.1. Orders for Products presented by the Seller can be placed by the Buyer every day within 24 hours only on the Platform. When placing the Order, the Buyer confirms that he is aware that the execution of the Order entails the obligation to pay for the purchased Product and additional services, including delivery costs and payment costs (if applicable).
3.2. Orders can only be placed by the Buyer who has full legal capacity in accordance with applicable regulations and who is 18 years of age or older.
3.3. The Buyer may purchase an additional service (e.g. delivery of Products, insurance, warranty, value-added services, assembly, installation, payment) if it is available for purchase on the Platform. The Buyer cannot purchase an additional service without purchasing the Product.
3.4. Information relating to the Product placed on the Platform does not constitute an offer to sell the Product by the Seller within the meaning of the law, but only an invitation to submit an offer to purchase by the Buyer (i.e. to conclude a Contract).
3.5. Placing an Order constitutes the submission by the Buyer to the Seller of an offer to conclude a Contract, the purpose of which is the purchase of the Product, and an additional service covered by it (the optionally). The condition for submitting an Order by the Buyer is payment in advance of the entire price, including additional costs, for the Products to which the Offer relates.
3.6. After placing the Order, the Seller sends the Order confirmation to the email address provided by the Buyer using available electronic systems, including that of the Platform (if applicable). The Order confirmation is a declaration by the Seller as part of the acceptance of the Buyer's offer covered by a specific Order and the Contract is concluded upon receipt by the Buyer.
3.7. In particular cases, the number of Products that the Buyer intends to purchase may be limited, of which the Buyer is informed each time when placing an Order on the Platform.
4. PAYMENT
4.1. The prices displayed on the Platform are gross prices expressed in the currency displayed. Where applicable, other charges may apply, including delivery charges, payment fees, etc. (if applicable). The final price that the Buyer is obliged to pay as part of the conclusion of the Agreement, as well as the costs of the additional service, will be visible at the last check-out point on the Platform.
4.2. The Buyer can choose the payment methods linked to the Contract concluded which will be displayed during the purchasing procedure on the Platform.
4.3. All payments made by the buyer as a result of the agreement reached must be made during the purchasing process.
4.4. The seller's billing policy is specified separately in the seller's store.
4.5. The Seller is solely responsible for providing the Buyer being a Consumer with confirmation of the concluded Contract, on a durable medium, within a reasonable time after the conclusion of the Contract as well as for fulfilling other legal obligations, if the corresponding confirmation is requested by the Buyer.
4.6. In the case of the sale or delivery of a product, the seller is subject to (i) withholding tax or similar tax; or (ii) to any sale, use, goods and services, value added or other tax or levy; or (iii) any other government tax or levy of any kind. the full amount of such tax or levy (if applicable), unless such tax or levy amount is payable by the Buyer in accordance with applicable law, The corresponding tax or levy will be borne by the Seller and withheld on the amount of funds received by this seller from the buyer for the product.
4.8. Buyer agrees that the payment service provider(s) has the right to share information about the status of Buyer's payments for the Products with Seller and/or persons or legal entities designated by the Seller, in particular to natural or legal persons operating and managing the Platform.
4.9. For the avoidance of doubt, Seller and Buyer hereby agree that interactions between Seller and payment aggregation service provider(s) and/or Payment Services is not covered by these Terms terms and any relationship of the Seller with the aggregator payment service provider(s) and/or payment service provider(s) is not governed by these Terms and Conditions and the Seller will enter into a separate agreement with the aggregator payment service provider(s) and/or payment service provider(s) for the services provided by the latter to the Seller (if applicable).
4.10. The Seller may participate in promotional programs for Sellers if they are available on the Platform. If the seller has chosen to include the specific offer in the promotional program, this will be reflected in the displayed offer itself.
5. DELIVERY
5.1. In the case of the Physical Product, the Seller delivers it to the countries available on the product page regarding the respective Physical Product published on the Platform.
5.2. In the case of Digital Content, the Seller enters into a contract with an external partner to store the Digital Content and authorize delivery of the Digital Content to the Buyer. Seller authorizes manual delivery of the Digital Content to Buyer upon successful completion of the transaction and Buyer hereby agrees to receive the Digital Content in the manner authorized by Seller.
5.3. The purchased physical Product is delivered to the Buyer through the supplier to the address used by the Buyer on the Platform within the time period indicated on the respective product page regarding the Product sold. The purchased Digital Content is delivered to the Buyer by an external partner who stores it and delivers it to various Buyers after the completion of the sales transaction authorized by the Seller.
5.4. The seller's delivery preference is also clearly stated in the seller's store.
5.5. The Products must be delivered within the time indicated on the Seller's Store or on the respective product page where the Products are presented.
5.6. For the avoidance of doubt, Seller and Buyer hereby agree that interactions between Seller and the provider of external digital content storage services are not covered by these Terms and Conditions and that any relationship of Seller with such provider of services is not governed by these Terms and Conditions and the Seller will enter into a separate agreement with the service provider for the services provided by the latter to the Seller (if applicable).
5.7. The Buyer acknowledges that the Product may contain territorial restrictions in terms of purchase, possession or use which are implemented by their producers or by law - Information on these restrictions is always provided in the Product description on the product page available on the Platform.
5.8. The Seller is required to deliver to the Buyer the Products covered by the Contract without defects.
6. RESPONSIBILITY
6.1. SELLER ACKNOWLEDGES, WARRANTS AND AGREES THAT THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND COSTS OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM THE CONCLUSION AND EXECUTION OF THE CONTRACT, AS WELL AS FOR VIOLATION OF THE RIGHTS OF THE BUYER OR VIOLATION OF THE RIGHTS OF THIRD PARTIES, IN PARTICULAR INTELLECTUAL PROPERTY, PRIVACY, ADVERTISING OR OTHER PROPERTY.
6.2. SELLER ACKNOWLEDGES, WARRANTS AND AGREES TO INDEMNIFY AND DEFEND THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, EXPENSES AND EXPENSES OF ANY KIND ( INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS), ARISING OUT OF OR RELATED TO: (A) THE CONCLUSION AND PERFORMANCE OF THE AGREEMENT; (B) THE SELLER'S OR BUYER'S USE OF THE PLATFORM; (C) VIOLATION OF THESE TERMS AND CONDITIONS; OR (D) VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER PROPRIETARY RIGHTS.
7. COMPLAINT
7.1. Any complaint relating to the Product or the execution of the Contract may be submitted by the Buyer in any form whatsoever, via: (i) the contact form available on the Platform, (ii) by email mentioned in the Store from the Seller or (iii) by telephone if provided in the Seller's store. The costs of use of said means of communication by the Buyer are his responsibility and are calculated according to the rates of the telecommunications operator whose services the Buyer uses.
7.2. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint relating to the Product or the complaint related to the execution of the Contract submitted by the Buyer.
7.3. The buyer who is a consumer in the European Union area may use a non-judicial dispute resolution platform (ODR platform) available at http://ec.europa.eu/consumers/odr/ regarding the agreement concluded with the seller.
8. WITHDRAWAL OF THE CONTRACT BY CONSUMERS
8.1. Article 10 [ WITHDRAWAL FROM THE CONTRACT BY CONSUMERS] governs the right to withdraw from the Contract reserved by law solely for the benefit of consumers.
8.2. The Buyer who is a Consumer having concluded the Contract may withdraw from it within 14 days without giving any reason. The withdrawal period will expire after these 14 days.
8.3. The withdrawal period of the Consumer Agreement begins when:
8.3.1. The agreement provides for the delivery of digital content - the date of conclusion of the agreement;
8.3.2. The Contract provides for the release of the Goods by the Seller - the taking of possession of the Goods by the Consumer or a third party designated by him other than the carrier;
8.3.3. The Agreement covers many Goods which are delivered separately, in batches or in parts - from the taking of possession of the last Product, batch or part, for the remaining Agreements - from the date of their conclusion
8.3.4. The Contract provides for the regular delivery of the Products for a specific period - the day on which the Consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first of the Products.
8.4. The consumer may withdraw from the contract by presenting the seller with an unequivocal declaration of withdrawal. The declaration may be presented on the form whose model has been placed by the Seller in Appendix 1 of these General Conditions, but it is not obligatory.
8.5. To meet the deadline, it is sufficient to send a declaration of termination of the Contract before its expiration, for example (i) via the contact form on the Platform, (ii) in writing to the Seller's address, (iii) by telephone or (iv) by e-mail. In the declaration of termination of the Contract, the Consumer must indicate (i) their first and last name, (ii) their telephone number, (iii) their email address and (iv) their postal address, if applicable.
8.6. The Seller immediately confirms to the Consumer receipt of the declaration of termination of the Contract in return to the Buyer, on a durable medium, including by e-mail.
8.7. In order to respect the Contract withdrawal deadline, the Consumer simply needs to send information concerning the exercise of the right of Contract withdrawal before the Contract withdrawal deadline.
8.8. In the event of withdrawal from the Contract, it is considered invalid. The Seller is obliged to return immediately, no later than 14 days from the date of receipt of the Consumer's declaration upon termination of the Contract, all payments made by him, including the costs of delivering the Product to the Consumer.
8.9. The seller may withhold reimbursement of payments received from the consumer until the product is received or the buyer provides proof of return of the product, whichever occurs first.
8.10. The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly accepted another method of return, which does not involve any cost for him; in all cases, the Consumer will not incur any costs linked to this return.
8.11. If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not required to reimburse the Consumer for the additional costs he incurs.
8.12. The consumer is obliged to return the product to the seller immediately, but at the latest within 14 days following the date on which he withdrew from the contract. To meet the deadline, simply return the Product to the Seller's address before the deadline.
8.13. In the event of withdrawal, the Consumer Buyer only bears the direct costs of returning the Product.
8.14. If, due to its nature, the Product cannot normally be returned by post, the Seller informs the Consumer of the costs of returning the item (i) via the contact form on the Platform, (ii) in writing to the Consumer's address.
8.15. The consumer is responsible for the reduction in the value of the product due to its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
8.16. By placing an order for digital content, the consumer accepts the seller's performance before the expiration of the period authorizing the consumer to withdraw from the contract. In the aforementioned case, the consumer is not entitled to withdraw from the contract.
8.17. The right to withdraw from the Contract is not granted to the Buyer who is a Consumer in relation to Contracts in which the subject is:
8.17.1. the provision of services within the framework of which the service has been fully executed, if the execution has started with the express prior consent of the consumer, and after having recognized that he will lose his right to withdraw from the Contract upon complete execution of the contract by the Seller;
8.17.2. the delivery of goods manufactured to the consumer's specifications or clearly personalized;
8.17.3. deliver goods that deteriorate quickly or have a short shelf life;
8.17.4. delivery of sealed Goods which are not suitable for return for reasons of health protection or hygiene and whose packaging has been opened after delivery;
8.17.5. delivery of goods which, after delivery, due to their nature, are inseparably linked to other items;
8.17.6. provide sealed audio or visual recordings or sealed computer software, the packaging of which has been opened after delivery;
8.17.7. the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for these publications;
8.17.8. the delivery of Digital Content which is not delivered on a durable medium, if the execution of the service has started with the express prior consent of the Consumer and after having recognized the loss of his right to terminate the contract.
9. MISCELLANEOUS
9.1. These General Conditions may be amended by the Seller for important reasons, including a change in the scope of the commercial activities carried out by the Seller or the commercial offer of the Seller, the need to adapt the provisions of the Terms and Conditions to the provisions of applicable law, the need to ensure the proper functioning of the Platform, the need to ensure the safety of users of the Platform, In this case, the Seller will inform the Buyer of the type and nature of the modifications in it sending a list of changes and a revised version of the General Conditions to its e-mail address, no later than 15 days before the introduction of the planned changes. Changes to the Terms and Conditions do not apply to Agreements entered into before the amended Terms and Conditions come into force, unless otherwise required by applicable law.
9.2. These General Conditions are concluded directly between the Seller and the Buyer without any natural or legal person being the intermediary or third party of these General Conditions.