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TERMS AND CONDITIONS OF SALE 

Effective Date: June 12, 2023

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter "GTCs") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (hereinafter "Clients" or "Client") wishing to purchase Products (hereinafter "Products") offered for sale by the Seller on the website https://minixfigurines.fr.

The Products offered for sale on the website are: Officially licensed PVC figurines.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://minixfigurines.fr, which the Client is required to review before ordering. The choice and purchase of a Product are the sole responsibility of the Client. Product offers are subject to availability, as specified when placing the order.

These GTCs are accessible at any time on the website https://minixfigurines.fr and shall prevail over any other document. The Client declares to have read these GTCs and to have accepted them by checking the box provided for this purpose before initiating the online ordering process on the https://minixfigurines.fr website. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are: One Up, SAS with a share capital of €302,000, registered with the Grenoble Trade and Companies Register under number 853 926 905, with its registered office at 201 rue des Blaches, 38530 LA BUISSIERE, France, email: contact@1updistribution.com, Phone: +33 (0) 458 980 103.

The Products presented on the website https://minixfigurines.fr are offered for sale in the following territories: all countries.

In the case of an order to a country other than metropolitan France, the Client is the Importer of the Product(s) concerned. For all Products shipped outside the European Union and French Overseas Departments and Territories (DOM-TOM), the price will automatically be calculated without taxes on the invoice.

Customs duties or other local taxes, import duties, or state taxes may be payable. These will be borne by and are the sole responsibility of the Client.

ARTICLE 2 – PRICES

Products are supplied at the current prices listed on the website https://minixfigurines.fr at the time the order is registered by the Seller.

Prices are expressed in Euros, both excluding tax (HT) and including tax (TTC).

Prices take into account any reductions that may be granted by the Seller on the https://minixfigurines.fr website.

These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside of this validity period, to modify prices at any time.

Prices do not include processing, shipping, or delivery costs, which are billed additionally under the conditions indicated on the website and calculated prior to the placement of the order.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 3 – ORDERS

The Client is responsible for selecting the Products they wish to order on the https://minixfigurines.fr website, according to the following procedure:

The Client can place an order, in French or English, directly on the website, after entering their credentials, in accordance with Article 3.

By Browse the various sections of the website, the Client can place the Products of their choice in their shopping cart by clicking the "Add to Cart" button. At any time, and until the overall order is confirmed, the Client can change their mind, change quantities, and cancel one or more of the chosen Products.

Each step necessary for the sale is specified on the website.

Once the contents of their shopping cart are validated, the Client will confirm their order by:

  • Completing all requested information;

  • Declaring unconditional acceptance of all general terms and conditions of sale;

  • Validating by payment.

The validation of the order by the Client's "click" constitutes acceptance of the prices and characteristics of the Products purchased by the Client.

Product offers are valid as long as they are visible on the website, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.

The Seller cannot be held responsible for input errors by the Client, nor for their potential consequences in terms of delay or delivery error. In such cases, any costs incurred by a possible re-shipment will be borne by the Client.

Any order placed on the https://minixfigurines.fr website constitutes the formation of a distance contract between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

For any information request or order, the Client remains responsible for telecommunication costs when accessing and using the internet, or when calling the website's Customer Service.

ARTICLE 3 BIS – CUSTOMER ACCOUNT ORDERS - ACCOUNT

To place an order, the Client has the option to create an account (personal space).

To do so, they must register by filling out the form provided at the time of their order and undertake to provide sincere and accurate information regarding their civil status and contact details, particularly their email address.

The Client is responsible for updating the information provided. It is specified that they can modify this information by logging into their account.

The Client may also request deactivation of their account by visiting the dedicated page in their personal space or by sending an email to minix@1updistribution.com. This will take effect within a reasonable timeframe.

In case of non-compliance with our general terms and conditions of sale and/or use, the website https://minixfigurines.fr will have the option to suspend or even close a Client's account after a formal notice sent electronically remains without effect.

Any account deletion, regardless of the reason, results in the complete deletion of all personal information of the Client.

Any event due to a case of force majeure resulting in a malfunction of the site or server, and subject to any interruption or modification for maintenance purposes, does not engage the Seller's responsibility.

The creation of an account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 – PAYMENT TERMS

Full payment of the price is due upon confirmation of the order by the Client on the website.

The Client undertakes to pay the stipulated price for the Product ordered on the website (price of Products and shipping) as well as to pay or arrange for payment, if applicable, directly to the freight forwarder or carrier, for customs duties, VAT, or other taxes due upon importation of the Products into the country of delivery.

Payment is made via a secure payment method, according to the following terms:

  • By credit card as offered on the Site. The payment order made by credit card cannot be canceled. Payment of the order by the Client is irrevocable, without prejudice to the Client's right of withdrawal. For an order via the website, the Client confirms and guarantees that they are the holder of the credit card and that it provides access to sufficient funds to cover the payment of the order. Payment will be considered effective after confirmation of the agreement of the banking payment centers.

  • By PayPal. The Client guarantees to the Seller that they have the necessary authorizations to use this payment method when placing the order.

  • By bank transfer. The Client guarantees to the Seller that they have the necessary authorizations to use this payment method when placing the order.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the https://minixfigurines.fr website.

Payments made by the Client will only be considered final after actual receipt by the Seller of the amounts due.

The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 – DELIVERIES

In principle, the delivery of Products will occur, after registration of the order payment, to the delivery address indicated by the Client during the order placement.

The Seller undertakes to deliver ordered items as quickly as possible, depending on the chosen delivery method and item availability. The delivery times indicated on the website are typical average times provided for informational purposes and correspond to the total processing and shipping times.

The delivery time will be indicated to the Client during the order placement process, prior to order validation and payment.

In the absence of the recipient during delivery, the carrier will leave a delivery notice at the delivery address indicated by the Client. Products must be collected at the address and according to the procedures indicated by the carrier.

If not collected within the timeframe set by the carrier, the Products will be returned to the Seller, who reserves the right to refund the price to the Client, with shipping costs remaining at the Client's expense.

If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than Force Majeure or the Client's fault, the sale may be cancelled upon written request from the Client under the conditions provided for in Articles L216-2, L-216-3, and L-241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed no later than 14 days following the date of contract termination, excluding any compensation or retention.

Deliveries are carried out by an independent carrier, to the address specified by the Client during the order and easily accessible by the carrier.

When the Client has arranged for a carrier of their own choosing, delivery is deemed to have occurred upon the Seller's handover of the ordered Products to the carrier, who accepted them without reservation. The Client therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no recourse against the Seller for warranty in case of non-delivery of the transported goods.

In case of a specific request from the Client concerning the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional invoice based on a quote previously accepted in writing by the Client.

Upon delivery, the Client must check the content, conformity, and condition of the Product(s). The Seller recommends that the Client verify the content, conformity, and condition of the parcel(s) upon delivery and in the presence of the carrier. In the event that the Client has any doubt whatsoever regarding the condition or content of their parcel, they must make precise and detailed handwritten reservations, dated and signed, on the delivery note provided by the carrier, in the presence of the delivery person. And in all cases, notify the Seller's company by letter addressed to One Up, 201 rue des Blaches, 38530 LA BUISSIERE, France. The verification of the delivered parcel is deemed to have been carried out and can no longer be contested once the Client or any person authorized to receive the parcel has signed the delivery note.

The Seller will reimburse or replace, as soon as possible and at its own expense, Products delivered whose non-conformities or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L217-4 et seq. of the Consumer Code and those provided in these GTCs.

The transfer of risks of loss and deterioration related thereto will only occur at the moment the Client takes physical possession of the Products. Products travel at the Seller's risk, except when the Client has chosen the carrier themselves. In this respect, risks are transferred at the moment the goods are handed over to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Client shall only occur after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

According to the terms of Article L221-18 of the Consumer Code:

"The consumer has a period of fourteen days to exercise their right of withdrawal from a distance contract, following a telephone solicitation or off-premises contract, without having to give reasons for their decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day: 1° Of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4; 2° Of the receipt of the goods by the consumer or a third party, other than the carrier, designated by them, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise their right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good."

The returned Product must be in its original condition and packaging. It must not have been used or suffered any deterioration, however minor, and must be in perfectly clean condition. This right of withdrawal is exercised without penalties, with the exception of return costs.

The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Client under the conditions provided in this article.

In case of exercising the right of withdrawal for only a part of the order, only the price invoiced for the returned Products will be refunded.

In case of partial withdrawal of the order, the Client who benefited from free delivery during the initial order due to exceeding a certain order amount may be re-invoiced for the delivery costs corresponding to their effective order, if the latter falls below the free delivery threshold.

In accordance with current regulations, the right of withdrawal cannot be exercised for audio, video, or computer software recordings unsealed by the Client, goods made according to the Client's specifications or personalized goods, and goods unsealed by the Client that cannot be returned for reasons of hygiene or health protection.

Products must be returned to the Seller at the following address: One Up, 201 rue des Blaches, 38530 LA BUISSIERE, France.

Products must be returned, accompanied by their purchase invoice, in their original packaging, properly protected. They must be in perfect resalable condition. Any Product returned incomplete, damaged, washed, deteriorated, soiled, even partially, will not be refunded or exchanged.

The Client is responsible for returning the Products. We recommend retaining proof of dispatch to facilitate procedures in case of a problem occurring during transit.

Except in cases of non-conformity or hidden defects of the Product, return costs are borne by the Client.

ARTICLE 8 – SELLER'S LIABILITY - WARRANTIES

The information and descriptions mentioned for each Product sheet, particularly photographs, technical characteristics, and descriptions, are provided to the Seller by the Product manufacturers.

In accordance with Article L.111-1 of the Consumer Code, the Seller's objective is to inform the Client and enable them to understand the essential characteristics of the Product.

It is however specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.

The Products supplied by the Seller benefit from:

  • The legal guarantee of conformity, for defective, damaged, or non-conforming Products or those not matching the order.

  • The legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered Products and rendering them unfit for use.

Provisions relating to legal guarantees: Article L217-4 of the Consumer Code: "The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was made their responsibility by the contract or was carried out under their responsibility."

Article L217-5 of the Consumer Code: "The goods are in conformity with the contract: 1° If they are fit for the use ordinarily expected of goods of the same type and, where applicable:

  • if they correspond to the description given by the Seller and possess the qualities that the Seller presented to the buyer in the form of a sample or model;

  • if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the Seller's attention, and which the latter has accepted."

Article L217-12 of the Consumer Code: "The action resulting from a lack of conformity lapses after two years from the delivery of the goods."

Article 1641 of the Civil Code: "The Seller is bound by a warranty against hidden defects of the sold item that render it unfit for the use for which it was intended, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them."

Article 1648, paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the Consumer Code: "When the buyer requests from the seller, during the course of the commercial warranty granted to them upon acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention."

Article L.211-8 of the Consumer Code: "The buyer is entitled to demand conformity of the goods with the contract."

Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must: 1 - Be fit for the use ordinarily expected of goods of the same type and, where applicable: 2 - Correspond to the description given by the Seller and possess the qualities that the Seller presented to the buyer in the form of a sample or model; 3 - Have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling (...)."

To assert their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.

The Seller will reimburse, repair, or have repaired the Products or parts under warranty deemed non-conforming or defective.

The Seller's liability cannot be engaged in the following cases:

  • Non-compliance with the legislation of the country where the Products are delivered, which is the Client's responsibility to verify.

  • In case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Client, as well as in cases of normal wear and tear of the Product, accident, or force majeure.

  • The photographs and graphics presented on the website are not contractual and cannot engage the Seller's liability.

The Seller's warranty is in any case limited to the replacement or reimbursement of non-conforming or defective Products.

ARTICLE 9 – PERSONAL DATA

The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the https://minixfigurines.fr website are as follows:

  • Account Opening – When creating the Client/user account: Surnames, first names, postal address, phone number, email address.

  • Payment – As part of the payment for Products offered on the https://minixfigurines.fr website, the site records financial data relating to the Client/user's bank account or credit card.

9.2 Recipients of Personal Data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of Products.

The categories of co-contractors are: transport providers and payment institutions.

9.3 Data Controller

The data controller is the Seller, within the meaning of data protection law and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of Processing

Unless the Client expresses their express consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the data thus collected for a period of 5 years, covering the statute of limitations for applicable contractual civil liability.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of transmitting or storing information on the Internet.

9.7 Exercise of Client and User Rights

In application of the regulations applicable to personal data, Clients and users of the https://minixfigurines.fr website have the following rights:

  • Update or delete their data by simple request via email to contact@1updistribution.com.

  • Delete their account by writing to the address indicated in Article 9.3 "Data Controller."

  • Exercise their right of access to know their personal data by writing to the address indicated in Article 9.3 "Data Controller."

  • If the personal data held by the Seller is inaccurate, request the update of information by writing to the address indicated in Article 9.3 "Data Controller."

  • Request the portability of data held by the Seller to another provider.

  • Object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a letter or email to the Data Controller whose contact details are indicated above.

The data controller must respond within a maximum of one month.

In case of refusal to grant the Client's request, the refusal must be justified.

The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy 75007 PARIS) or refer the matter to a judicial authority.

The Client may be asked to tick a box indicating their consent to receive informational and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – INTELLECTUAL PROPERTY

The Seller holds the intellectual property rights to the website, which consists of elements such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology, and the right to disseminate the elements appearing in the website's catalog, particularly the photographs for which it has obtained the necessary authorizations from the relevant persons.

Consequently, any partial or total reproduction, on any medium whatsoever, of the elements composing the site and the catalog, their use, as well as their provision to third parties, are formally prohibited and may constitute an act of infringement.

Without any solicitation from its part, the Seller prohibits any placement of a hypertext link to the website. A Client wishing to place a link directly to the website's home page on their personal website must first obtain the Seller's express authorization.

ARTICLE 11 – APPLICABLE LAW - LANGUAGE

These GTCs and the operations resulting therefrom are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 12 – DISPUTES

For any complaint, please contact Customer Service at the postal address or email of the Seller indicated in Article 1 of these GTCs.

The Client is informed that they may in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

In this instance, the designated mediator is:

FEVAD e-commerce Mediator service

60 Rue de la Boétie

75008 PARIS

France

https://www.mediateurfevad.fr/index.php/espace-consommateur/

Email: mediateurduecommerce@fevad.com

The Client is also informed that they can use the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

All disputes to which the purchase and sale operations concluded in application of these GTCs, and which have not been resolved amicably between the Seller or through mediation, will be submitted to the competent courts under ordinary law conditions.

APPENDIX – WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from your order placed on https://minixfigurines.fr

(Products sold and shipped by the Seller) – except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of One UP.

Download Form > here <

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