I. GENERAL CONDITIONS OF USE AND SALE OF THE SITE
DigitalCoinGifts.com
ARTICLE 1. LEGAL INFORMATION
GENERAL CONDITIONS OF SALE: Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.
The digitalcoingifts.com website is published by :
SAS ir4a , whose head office is located at the following address: -25 rue de Saurupt - 54063 Nancy Cedex,
Siret number : 347 770 158 00041
E-mail address: [email protected]
The digitalcoingifts.com website is hosted by :
OVH, headquartered at 2 rue Kellermann - 59100 Roubaix - France
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the digitalcoingifts.com website is :
The sale of dematerialized gift cards that can be used on e-commerce sales sites.
ARTICLE 3. CONTACT
For any question or request for information concerning the site, or any report of illicit content or activities, the user may contact the editor at the following e-mail address: [email protected].
ARTICLE 4. ACCEPTANCE OF TERMS OF USE
Access to and use of the site are subject to acceptance of and compliance with these Terms of Use.
The publisher reserves the right to modify, at any time and without prior notice, the site and services as well as these GTC, in particular to adapt to changes in the site by making new features available or deleting or modifying existing features.
The user is therefore advised to refer to the latest version of the GCU, which can be accessed at any time on the site, before browsing. In the event of disagreement with the GCU, the user may not use the site.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher uses the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or interrupt access to the site or to certain pages thereof in order to carry out updates, modifications to its content or any other action deemed necessary for the proper operation of the site.
Connecting to and browsing the digitalcoingifts website implies unreserved acceptance of these Terms of Use, regardless of the technical means of access and the terminals used.
These GCU apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time :
- suspend, interrupt or limit access to all or part of the site, restrict access to the site, or to certain parts of the site, to a specific category of Internet user;
- delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette ;
- suspend the site for updates.
ARTICLE 7. LIABILITIES
The publisher is only responsible for the content he has edited himself.
The publisher is not responsible:
- in the event of technical or IT problems or failures, or the site's compatibility with any hardware or software;
- direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
- the intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of information circulating on it;
Furthermore, the site cannot guarantee the accuracy, completeness or topicality of the information provided.
The user is responsible for :
- protection of equipment and data;
- use of the site or its services;
- if it does not comply with the letter or spirit of these GCU.
ARTICLE 8. HYPERTEXT LINKS
The site may contain hypertext links to other websites over which digitalcoingifts.com has no control. Despite prior and regular checks carried out by the editor, the latter declines all responsibility for the content that may be found on these sites.
The publisher authorizes the creation of hypertext links to any page or document on its site, provided that these links are not created for commercial or advertising purposes.
In addition, the site editor must be informed before any hypertext link is set up.
Excluded from this authorization are sites disseminating information of an illicit, violent, polemical, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.
Finally, digitalcoingifts.com reserves the right to remove at any time a hyperlink pointing to its site, if the site believes it does not comply with its editorial policy.
ARTICLE 9. DATA COLLECTION
The site is exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) insofar as it does not collect any data concerning users, apart from the email address and first and last name in order to be able to send the gift card directly to the purchaser.
ARTICLE 10. COOKIES
The site may use "cookies" to process statistics and traffic information, facilitate navigation and improve service for the user's convenience. The user may refuse to accept cookies by configuring his or her browser.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the intellectual property laws in force.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly forbidden and would be likely to constitute an infringement within the meaning of articles L. 335-2 et seq. of the French Intellectual Property Code. With the exception of elements expressly designated as royalty-free on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.
The user is prohibited from introducing data to the site that would modify or be likely to modify its content or appearance.
Enjoy your visit to digitalcoingifts.com!
Terms and conditions of use
THESE GENERAL CONDITIONS OF SALE DEFINE THE CONDITIONS AND RESTRICTIONS OF SALE THAT YOU ACCEPT WHEN PLACING AN ORDER ON OUR WEBSITE.
BY USING ALL OR PART OF THE WEBSITE SERVICES AND BY PURCHASING PRODUCTS VIA THIS WEBSITE, YOU ACCEPT ALL THE PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS OF SALE AS WELL AS THE LIMITATIONS OF WARRANTIES AND LIABILITY.
THESE GENERAL TERMS AND CONDITIONS OF SALE MAY BE MODIFIED AT ANY TIME, IN PARTICULAR TO REFLECT CHANGES TO THE SITE OR CHANGES TO CURRENT LEGISLATION AND REGULATIONS.
1./ General provisions :
1.1 Definitions :
Terms used in these terms and conditions of sale shall have the following meanings:
CUSTOMER : designates any user, natural person of legal age, having the capacity to contract, having the status of consumer and who orders and/or purchases a product offered on the INTERNET SITE.
MEMBER : means any CLIENT with an active personal account created after completing a registration form.
PRODUCT: refers to all PRODUCTS offered on the WEBSITE, including, but not limited to, gift cards, reloads for prepaid payment cards and "multi-brand gift cards".
WEBSITE : designates the infrastructure, accessible at https:// digitalcoingifts.com/ developed by the PUBLISHER according to computer formats usable on the Internet intended to be consulted by the CLIENT to learn about these PRODUCTS.
1.2 Scope of application :
The WEBSITE is freely accessible to all Internet users.
Any order for PRODUCTS placed via the INTERNET SITE by the CLIENT implies the CLIENT's prior acceptance of the pricing conditions in effect on the day the order is accepted.
The CLIENT's unreserved acceptance of these terms and conditions of sale will consist in checking the box corresponding to the following sentence: " I have read and accept the terms and conditions of sale ".
2./ Description of the online purchasing process :
2.1 - Selection of PRODUCTS :
Before placing an order via the WEBSITE, the CLIENT must select the PRODUCTS using the search form provided.
Once the CLIENT considers that he has made his choice, he must add it to his basket by clicking on the button provided for this purpose and then click on the button to complete his order.
To validate this page, he/she must tick the box indicating ratification of the present terms and conditions of sale. The CLIENT acknowledges having downloaded and printed the present general sales conditions.
The CLIENT will then be redirected to an identification page.
The CLIENT must fill in a form to register on the site, or, if already a member, enter his/her login and password.
2.2 - WEBSITE registration :
2.2.1 - Creating a personal account :
Registration is neither necessary nor mandatory to place an order.
Nevertheless, the CLIENT will have the option of creating an account.
The CLIENT must complete the registration form on the site accurately and truthfully.
In particular, he/she will include his/her identification details and, in particular, his/her first and last name, postal address, e-mail address and password.
The provision of erroneous or false information, which makes it impossible for the Company to deliver orders placed by the CLIENT, shall not incur the liability of the CLIENT.
The Company guarantees the confidentiality of data transmitted after the CLIENT's password has been entered.
The CLIENT remains responsible for the use made of its password.
In the event of loss of the said password, the CLIENT must contact the Company as soon as possible so that a new password can be issued.
In the event of a forgotten password, to obtain a new one, the CLIENT must click on the "forgotten password" link and fill in a form to create a new password, which will then be sent to him by e-mail.
2.3 - Finalizing the order :
After having read the details of his future order, the CLIENT can click on the designated area to definitively confirm his order.
The CUSTOMER must choose his method of payment in accordance with article 2.4. of the general terms and conditions.
2.4.- Payment :
All orders are processed with the following crypto currencies: Bitcoin (BTC), Bitcoin Cash (BCH), Litecoin (LTC),
Payments are made using secure transactions provided by our service providers.
The provision of the address of the crypto-currency wallet chosen by the CLIENT for payment and the final validation of the order constitute proof of the customer's agreement, of the payability of the sums due under the order, and of the signature and express acceptance of all operations carried out.
2.5 Validation of payment :
Once the payment has been validated by the service provider concerned, the CLIENT will receive an e-mail acknowledging receipt of the choice of payment, as well as an invoice summarizing the details of the order.
3./ Acceptance of the order by the PUBLISHER :
The order becomes firm and definitive only after validation of the payment and reception of all the documents required by the PUBLISHER, subject to the exceptions hereafter.
All items on the WEBSITE are, except for errors or computer malfunctions not attributable to the PUBLISHER, available and in stock with the PUBLISHER.
However, in view of the time required between the registration of an order and payment, the CLIENT acknowledges and accepts that during this period, in the event of stock being exhausted, a PRODUCT may become unavailable.
In case of unavailability of the ordered PRODUCT, the PUBLISHER will contact the CUSTOMER by any means proposing at the choice the delivery of another PRODUCT or the refunding of the paid sums and the resolution of the sale without any additional expenses for the CUSTOMER.
In the event of cancellation of the sale, the PUBLISHER undertakes to reimburse the undeliverable PRODUCT(S) within a period not exceeding thirty days from the date of payment by the CUSTOMER.
The PUBLISHER further reserves the right to refuse an order in the event that the CUSTOMER has not complied with these obligations.
4./ Reservation of title :
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE SELLER UNTIL FULL PAYMENT HAS BEEN RECEIVED.
CONSEQUENTLY, THE CUSTOMER UNDERTAKES NOT TO TRANSFORM OR INCORPORATE THE SAID PRODUCTS, RESELL THEM OR PLEDGE THEM UNTIL FULL PAYMENT OF THE PRICE HAS BEEN MADE, ON PAIN OF IMMEDIATE RECLAMATION BY THE PUBLISHER.
5./ Delivery :
On receipt of validation of the purchase and payment by the customer, the seller will send the customer confirmation of receipt of the order form and a copy of the contract for printing, to the e-mail address specified by the customer.
Full payment must be made at the time of ordering.
The seller is obliged to send an invoice to the customer upon delivery.
5.1.- Place of delivery :
The CUSTOMER undertakes to provide the PUBLISHER with a correct e-mail address. In no case, the PUBLISHER cannot be held responsible for a default of delivery due to a bad seizure or to an erroneous seizure of the e-mail address by the CUSTOMER.
5.2.- Delivery time :
Orders are delivered within a maximum of 48 working hours from receipt of full payment.
5.3.- Late delivery :
A delay in delivery beyond the delivery deadline and not due to a case of force majeure, can lead to the resolution of the sale at the initiative of the CUSTOMER. Such termination may only occur within thirty days of receipt by the PUBLISHER of a letter of formal notice to effect delivery.
In the event of cancellation of the sale, the PUBLISHER undertakes to reimburse the CUSTOMER the sums paid by the latter as soon as possible and, at the latest, within fourteen days of receipt of an e-mail with acknowledgement of receipt.
6./ Non-conformity and hidden defects :
The PUBLISHER undertakes to deliver a good in conformity with the contract and is responsible for the defects of conformity of the PRODUCT existing at the time of the delivery under the conditions of articles L.217-4 and following ones of the Code of the Consumption as well as for the latent defects under the conditions envisaged in articles 1641 and following ones of the Civil code.
The CLIENT has a period of two years from delivery of the goods to take action.
He may choose between repairing or replacing the good, unless this is impossible and subject to the cost conditions set out in article L.217-9 of the French Consumer Code.
The customer is exempt from having to prove the lack of conformity of the goods within 24 months of delivery.
This legal warranty of conformity applies independently of any commercial warranty or insurance that may have been concluded.
The CUSTOMER may decide to invoke the warranty against hidden defects in the item sold as defined in article 1641 of the French Civil Code. In this case, the CUSTOMER may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
If the order is delivered damaged or in poor condition, the CLIENT must inform the PUBLISHER as soon as possible.
On receipt of the order, the CUSTOMER must also check the conformity of the order received and must refuse any package that has been opened, torn or repackaged by the carrier.
Any anomaly concerning delivery must be notified to the CUSTOMER service department within eight days of receipt of the order.
Any claim made after this deadline will be rejected and the Company will be released from any liability.
7./ Right of withdrawal :
The CUSTOMER has thirty clear days to declare his return, unless expressly stated otherwise.
The withdrawal period runs from the day of receipt of the order.
The CLIENT may contact the Company by writing to the following e-mail address: [email protected]
Orders must be returned in new, resalable condition.
If the above conditions are met, La Société will reimburse the CLIENT within a maximum of seventy-two working hours from the date of receipt of the product.
The CUSTOMER is obliged to return the order by any means that provides proof of return.
8./ Price :
The prices indicated on the WEBSITE are in euros, exclusive of tax and inclusive of all taxes.
Prices are set by the PUBLISHER and are subject to change over time.
The PRODUCTS will be invoiced on the basis of the prices in force at the time the order is finalized.
Management fees will be indicated to the CLIENT before any payment is made.
9./ Warranties and responsibilities :
9.1 - Item information :
For all PRODUCTS sold on the INTERNET SITE, the Company undertakes to provide a descriptive leaflet presenting the essential characteristics of the PRODUCTS within the limits of the information provided by the suppliers.
The photographs and descriptions of the PRODUCTS sold are not contractual and the Company cannot be held responsible for any errors that may exist.
In particular, the images and colors of the items displayed on the site may not be exactly faithful to the actual colors of the items due to the effect of the Internet browser used and the resolution of the CLIENT's screen.
9.2 - Legal warranty :
The benefit of the legal guarantee is mentioned in article 6 of the present general conditions of sale.
9.3 Liability :
The Company's liability is limited to the amount of the CLIENT's order.
The Company cannot be held responsible for any material, immaterial or physical damage caused by the malfunction or misuse of an item purchased on the site.
It is the CUSTOMER's responsibility to check with local authorities for specific requirements concerning taxes, declarations, prohibitions, imports or uses of the items ordered.
The Company shall not be held liable in the event of failure to comply with the laws and regulations of the country to which the items are delivered.
10./ Intellectual property :
All elements of the site, whether visual or audio, including the technology used to create the site, are protected by copyright, trademarks or patents.
They are the exclusive property of the Company.
The User who has a personal website and wishes to place, for personal use, on his site a simple link referring directly to the home page of the site, must request authorization from the Company.
However, any hypertext link to the site using framing or in-line linking techniques is strictly prohibited.
In any case, any link, even tacitly authorized, must be withdrawn on simple request from the Company.
11 / Force majeure :
The Company shall not be liable for total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, notably of postal services and means of transport and/or communication, flood and fire.
Events meeting the criteria set out in the case law of the Cour de Cassation (French Supreme Court) will be considered as force majeure.
In the event of an event constituting force majeure, the Company will inform the CLIENT within five working days of the occurrence or threat of such event.
After a fortnight's interruption due to force majeure, the Company will not be able to honour the order, and will be responsible for reimbursing the CLIENT.
12./ Applicable law and jurisdiction :
These general terms and conditions of sale are governed by French law, to the exclusion of any other applicable international convention, including the VIENNA Convention on the International Sale of Goods of April 11, 1980.
Any legal action relating to the conclusion, interpretation, performance or assignment of this contract shall be subject to the jurisdiction of the court of the defendant's domicile or, at the plaintiff's option, of the place of actual delivery of the PRODUCT in accordance with articles 42 and 46 of the Code of Civil Procedure.
In the event of a dispute arising from the execution of these general terms and conditions of sale, the CLIENT may, before taking any legal action, resort to any amicable dispute resolution procedure.
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Last modification of these terms and conditions: January 11, 2020
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