Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the micro-enterprise Blue Bridge Business, with business number 41-2843951 and whose registered office is located at 1239 Delafield Pl NE (hereinafter "GADGETS CARREFOUR").

The following terms will be defined as:

"Site": the website "https://gadgets-accessoires.com” and all of its pages, which are the exclusive property of the Micro-Enterprise.

"Products" or "Services": all products (tangible goods) and services (provisions) that can be purchased or subscribed to on the Site.

"Seller": GADGETS CARREFOUR, a legal or natural person offering its Products or Services on the Site.

"Customer": the internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person who is acting for purposes which are outside his trade, business, craft or profession."

Any internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, print them and/or save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read the GTC and accepts them in full.

Article 2 – Application of the GTC and Purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Customer are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, legal notices, and data policy of this Site.

This Site offers the online sale of products to specify the type of products sold (niche/sub-niche).

The Site is open and free to all Customers. The acquisition of a Product or Service implies the Customer's acceptance of all these GTC, by which they acknowledge having read them in full. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance sentence of these GTC, for instance: "I acknowledge having read and accepted all the general terms and conditions of the Site." Checking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have such legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.

The Customer acknowledges the probative value of the Seller’s automatic recording systems and, unless they can provide evidence to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Customer’s unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and previously agreed otherwise by the Company.

Article 3 – Customer Service

The customer service of this Site is accessible by email at: “contact@gadgets-accessoires.com”, via a contact form, or by postal mail at the address indicated in the legal notices. The Customer must include their first name, last name, the subject of their request, and their Order number in the email.

For any professional inquiry (partnership, media, contract proposal), the Company can only be reached via email at contact@gadgets-accessoires.com.

Article 4 – Procedure for placing orders and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.

The photos on the Site are not contractual and may vary slightly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

We define below as "Cart" the intangible object grouping together all the Products or Services selected by the Site Customer for purchase by clicking on these items. In order to place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.

• The Customer places the Order via the Site: the Customer records and validates the Order on the Site.

• To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the "Add to Cart" button. On the "Cart" page, the Customer has the opportunity to check the details of their Order and correct any errors before confirming it.

• On the "Information" page, the Customer must enter their contact details. They can opt for order tracking via email by checking the required box.

• On the "Shipping" page, the Customer must choose the shipping method offered.

• On the "Confirmation" page, the Customer must enter their bank details as well as the billing address. The Customer also has the option to enter a promotional code if they have one.

• A complete summary of the Order appears. The Customer has the possibility to modify all elements of the Order before finalization. The Customer is responsible for any errors regarding the Order, the Products, and contact information.

• The sale is validly formed when the Customer confirms the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded to payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The date of Order validation corresponds to the date of receipt of the full cash payment of the total price inclusive of tax, duly verified.

Article 5 – Price and terms of payment

Unless otherwise stated, prices in the catalog are in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order, excluding any contribution to processing and shipping costs.

GADGETS CARREFOUR reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price shown in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and make payment by Credit Card, Apple Pay, or Paypal. Credit card payments are made via secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC begin only upon the effective date of receipt of payment by the Seller, who may provide proof by any means. Product availability is indicated on the Site, in the description sheet of each Product.

GADGETS CARREFOUR will archive order forms and invoices on a reliable and durable medium constituting a true copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments, and transactions that occurred between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. Delivery times indicated during the order are for information purposes and remain dependent on any delays by postal services or other particular circumstances preventing delivery (strikes, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories (Dom-Tom), the Customer declares themselves the importer of the Product and accepts that in such a case, the Seller may be materially unable to provide exact information regarding the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits in all cases to delivering the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

For in-person delivery, the customer may refuse a package at the time of delivery if they notice an anomaly regarding the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products...); any anomaly must then be imperatively indicated by the Customer on the delivery slip in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. For mailbox delivery, the customer commits to immediately checking the package and contacting the GADGETS CARREFOUR support team if they notice any anomaly. Failure to comply with these requirements will mean the Customer cannot exercise their right of refusal, and the Seller will not be required to grant the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask how to proceed with their order. If the Customer refused the package by mistake, they may request its reshipment by first paying the postage costs for the new shipment. Postage costs must be paid even for orders for which shipping was free at the time of the order.

In case of delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer's clumsiness or mishandling cannot be imputed to the Seller.

Any delay in delivery compared to the date or period indicated to the Consumer Customer at the time of their order or, in the absence of an indicated date or period during the order, exceeding thirty (30) days from the conclusion of the contract may lead to the termination of the sale at the initiative of the Consumer Customer, upon their written request by registered letter with acknowledgment of receipt, if the Seller has not performed the delivery after being enjoined to do so. The Consumer Customer will then be refunded, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates it is "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating it is "delivered", customer service may ask for additional information as well as an official document from the Post Office responding to their claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction by offering, among other things, the immediate reshipment of the products at their own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from the receipt by GADGETS CARREFOUR of the refund request.

The Product must be returned in perfect condition, in its blister pack, and unused. The Consumer Customer can find a sample withdrawal form below for an order placed on the Site, to be sent to GADGETS CARREFOUR. It is understood that the Customer will bear the costs of returning the Product in case of withdrawal.

It is recommended that the Customer make the return using a method that allows for package tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with postal services to ask them to locate it.

The refund will be made using the same payment method as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller use another payment method, and provided that the refund does not incur costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such proof has not been provided previously.

In case of depreciation of Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer's liability may be incurred.

In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find below a sample withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

Micheline MAUNGA

Postal address

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the good below:

Order number:

Name / First Name:

Phone number:

Email address:

Postal address:

Reason for the claim:

• Exchange* (mention the desired product)

• Refund* (attach a complete bank account details slip/RIB with IBAN and BIC mentioned)

Signature of the Customer(s) (only in case of notification of this form on paper):

Date:

(*) Cross out the unnecessary mention.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of the implementation of this guarantee, the buyer has the choice between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with Article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any lack of conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product.

However, it will be the Client's responsibility to prove that the defect existed at the time of taking possession of the Product.

“In the event of a lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate with regard to the other option, taking into account the value of the good or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. In the event that an exchange of the Product is impossible (obsolete product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular, the return shipping costs for the Product) are then borne by the Seller.

Article 9 – Liability

The Seller GADGETS CARREFOUR cannot be held liable for non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall incur no liability for any indirect damages resulting from these presents, operating loss, loss of profit, damages or expenses, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial inability to use the Products, particularly due to equipment incompatibility, cannot give rise to any compensation, reimbursement, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or the exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract signed to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.

The Client expressly admits to using the Site at their own risk and under their exclusive responsibility. In any case, GADGETS CARREFOUR may in no event be held liable for:

• any direct or indirect damage, in particular regarding lost profits, loss of earnings, loss of clientele, or data that may result from the use of the Site, or conversely, the impossibility of its use;

• any malfunction, unavailability of access, misuse, improper configuration of the Client’s computer, or the use of a browser rarely used by the Client;

• the content of advertisements and other links or external sources accessible by Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events independent of the will of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of the obligations totally impossible.

The occurrence of a case of force majeure will automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be canceled by either party, and the sales contract terminated. To this effect, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing said sales contract.

The effective date of the termination will be the date of the first presentation of the letter. In this scenario, neither party may claim the awarding of damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations, and images, whether visual or sound, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without express written agreement from the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Micro-Enterprise.

Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Micro-Enterprise's catalog is strictly prohibited. Any other use constitutes infringement and is sanctioned under Intellectual Property law unless previously authorized.

Any reproduction, representation, or adaptation of logos, textual, pictographic, or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to infringement.

Any Client who is guilty of infringement could see their account deleted without notice or compensation, and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.

The trademarks and logos contained in the Site are likely to be registered by GADGETS CARREFOUR, or possibly by one of its partners. Any person proceeding with their representation, reproduction, embedding, distribution, and redistribution incurs the sanctions provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 12 – Processing of personal data

• The Company collects the Client’s data:

• a) for the purposes of processing and tracking the Client's Order on its Site; (and/or)

• b) for the purpose of being able to contact you regarding various events related to the Company, including in particular the update of Products and customer relationship management; (and/or)

• c) for the purpose of collecting information allowing us to improve the Site and our Products (notably through cookies).

The collected data is processed by the Site’s contractual service providers who are in charge of packaging and distributing the ordered Products as well as by the hosting provider, the company Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is kept by the Company only for the time corresponding to the purposes of the collection above and which shall in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, regarding the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons regarding their data.

The Client may exercise their rights by e-mail at contact@gadgets-accessoires.com.

Article 13 – Comments and other user submissions

If the Client sends ideas, proposals, or other elements, whether online, by e-mail, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment that the Client sends to it.

The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify, or delete content that it deems, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminally reprehensible, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyrights, registered trademarks, privacy, personality, or other personal or property rights. The Client agrees not to include illegal, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the functioning of the Site or other associated websites. The Client agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and declines all commitment regarding comments published by the Client or a third party.

Article 14 – Severability of clauses

If a provision of the GTC is deemed illegal, void, or for any other reason inapplicable, then this provision shall be deemed severable from the GTC and shall not affect the validity and applicability of the remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Client themselves.

A printed version of the GTC and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to the laws of French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, reported, stolen, or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes void and unenforceable will not call into question the validity of the other stipulations and does not exempt the Client from the performance of their contractual obligations.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, lawyers, suppliers, and employees harmless from any claim or demand, including reasonable attorney fees and court costs, caused by a third party because of or arising from your use of the Website or our products and services, your violation of the conditions, or your violation of your acknowledgments, agreements, representations, guarantees, and obligations herein.

National or cross-border disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption, or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator accredited by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a duration of three (3) years from [05/01/2019].

The European Commission's website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.

The dispute cannot notably be examined by the Mediator if:

- the Client does not prove having attempted, beforehand, to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within their jurisdiction.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they will bear these costs alone.

The Mediator may not receive any instruction from the parties nor be paid according to the result.

Participation in mediation does not exclude the possibility of recourse before a jurisdiction. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, reported, stolen, or falsified check. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes void and unenforceable will not call into question the validity of the other stipulations and will not exempt the Client from the performance of their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved – July 01, 2022

Article 16: SMS Policy

SMS Policy:

By consenting to GADGETS CARREFOUR SMS marketing at checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS, including reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be accounted for as a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://gadgets-accessoires.com/pages/contact or via email at contact@gadgets-accessoires.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, will not be received, and we will not be responsible for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the service.

Your right to privacy is important to us. You can see our privacy policy: https://gadgets-accessoires.com/policies/privacy-policy to determine how we collect and use your personal information.