Terms and conditions

Terms of Sales

You are connected to offstage.fr (the “Site”). This Site is published by the company OFFSTAGE whose headquarters are located at 10 place du général Catroux 75017 Paris , registered with the Paris RCS under number 948,715,206 (“OFFSTAGE”).

OFFSTAGE is a member of the Federation of Distance Selling Companies. To find out more, connect to the site accessible at http://www.fevad.com .

These general conditions of sale (“CGV”) constitute the basis of the commercial negotiation between OFFSTAGE and the consumer. They govern the sale by OFFSTAGE of Products on the Site (“Product”). The Products sold are reserved solely for consumers, within the meaning given in the preliminary article of the Consumer Code, aged at least 18 years, having the legal capacity to contract.

A consumer who has the legal capacity to contract and who has purchased a Product on the Site (“Customer”) is considered to be a Customer.

Any acceptance of the clause “ I have read the General Conditions of Sale and I accept them » implies the Customer's unreserved acceptance of these General Terms and Conditions. 

1. ACCEPTANCE OF THE CONDITIONS OF SALE

The Site is reserved for retail sales to individuals, natural persons, acting for personal purposes (the “Customer”). The Customer declares and guarantees to act as a final consumer of the products he orders.

OFFSTAGE is free to modify these conditions of sale at any time by publishing them on the Site. In the event of modification of the General Terms and Conditions, those which are applicable to the Order are those which were online and which the Customer accepted on the day of placing their Order. The General Terms and Conditions, as well as the Order confirmation sent by OFFSTAGE, constitute the contract between the Customer and OFFSTAGE relating to the sale of the Products ordered. Any purchase made on the Site requires prior acceptance of the General Terms and Conditions in their entirety by checking the box provided for this purpose.

The Customer can first register on the Site by creating an account containing the Customer's information ("the Account").

The Customer must ensure the accuracy and completeness of the data he provides. If he has an Account, the Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, OFFSTAGE cannot be held responsible for the impossibility of delivering Products.

Furthermore, the Customer has the option of automatically pre-filling the registration form using the option “ Facebook Connect ”, “Google Connect”, “Apple Connect”, “Twitter Connect”, “Discord Connect”, “ TikTok Connect”, “Snapchat Connect” and “Spotify Connect”. To find out more about the protection of personal data during their collection, processing and use as well as the optional rights and settings to protect their privacy, the Customer can consult Facebook's privacy policies on the site www.facebook.com , from Google on https://policies.google.com/privacy , from Apple on https://www.apple.com/fr/privacy/ , from Twitter at https://twitter.com/fr/privacy, from Discord at https://support.discord.com/hc/fr/sections/115000344951 -Confidentialit%C3%A9-et-politique, from TikTok on https://www.tiktok.com/legal/page/eea/privacy-policy/fr, from Snapchat on and from Spotify on https://www.spotify.com/en/privacy

OFFSTAGE may delete the Customer's Account at any time, for any reason, at its sole discretion, without liability being incurred in this regard.

If the Customer has an Account, his pseudonym and password are personal to him and identify all of his actions on the Site. They must not be disclosed to third parties. Any Order placed using the pseudonym and password corresponding to it will be deemed to have been carried out by him. In the event of disclosure of pseudonym and password, contact as soon as possible serviceclient@offstage.fr so that these are deactivated. The Client is entirely responsible for the use made of the Site using his pseudonym and passwords until he has notified OFFSTAGE of their disclosure.

2. INFORMATION ON THE SITE 

The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by OFFSTAGE or its service providers, for the needs of its maintenance and/or security or in the event of force majeure. (as defined below). OFFSTAGE cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.

OFFSTAGE does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. OFFSTAGE cannot be held responsible for data transmission, connection or network unavailability problems.

OFFSTAGE reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications that have occurred, but acceptance is not required.

3. PRODUCTS

The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of OFFSTAGE. As such, OFFSTAGE cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.

OFFSTAGE takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

OFFSTAGE does not guarantee the accuracy or security of the information transmitted or obtained through the Site. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and in no way engage the responsibility of OFFSTAGE.

It is possible that the Customer may receive a Product previously returned by another person following an Order. It is specified that OFFSTAGE only accepts the return of Products that are intact and unused or worn, these two conditions being checked before returning the returned Products to stock.

The Customer can also subscribe, via his email address, to an alert informing him by email of the availability of a Product previously out of stock.

4. HOW TO ORDER ?

To be able to place an Order, the Customer can first register on the Site by creating an account bringing together the Customer's information (the "Account") or after having filled their virtual basket by indicating the selected Products and the desired quantities, click on the “Order” button and provides information relating to delivery and payment method.

4.1 PLACING AN ORDER ON THE SITE IS SUBJECT TO COMPLIANCE WITH THE PROCEDURE IMPLEMENTED BY OFFSTAGE ON THE SITE INCLUDING SUCCESSIVE STEPS LEADING TO VALIDATION OF THE ORDER.

It is possible to place an Order on the Site 7 days a week and 24 hours a day.

The Customer can select as many identical Products as he wishes, within the limits of the normal needs of a consumer and available stocks. Any specific Order limitation will be mentioned in the Product sheet available on the Site.

The Customer can gradually place the chosen products in his shopping basket by clicking on the "add to basket" button. These Products will be added to the basket (the "Basket"), which summarizes the Products chosen by the Customer as well as the prices and related costs.

At any time and until confirmation of the Order, the Customer may change his mind, change the quantities and/or cancel the chosen Products.

4.2 ORDER THE PRODUCT(S)

To place an order, the Customer, after having filled his virtual basket by indicating the selected Products and the desired quantities, clicks on the “Validate my basket” button and provides information relating to delivery and payment method.

The Customer may also decide to make a micro-donation for the benefit of an association (for example the Magie à l'Hôpital association), by adding the amount of their choice (among the following proposals: two, five or ten euros ) to the amount of his order. Details relating to OFFSTAGE's support for the actions of the Magie à l'Hôpital association are available on the following page: https://www.offstage.fr/pages/micros-dons . The Customer is informed that their name, first name and email address as well as the amount of their donation will be transmitted to the CommonCents company in charge of managing the donation.

The microdonation is not refundable.

To validate your order, after having read the contents of your Basket, and once the Customer has completed all the requested information, he will select the payment method chosen to place his Order.

By clicking on the "PAY NOW" button after the order process, and the Customer must check the box "I have read the general conditions of sale and I accept them", in order to accept the Order as well as the entirety of these General Conditions of Sale fully and without reservation.

4.3 ORDER CONFIRMATION

When receiving an order, OFFSTAGE reserves the right to refuse it, in particular in the event that the products are no longer available or in the event of a manifest error on the price or for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for a Customer who is a consumer. When your Order is accepted, an Order confirmation is sent to the email address provided by the Customer.

The data recorded by the company OFFSTAGE is authentic and constitutes proof of all past transactions.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by OFFSTAGE. To this end, the Customer formally accepts the use of email for confirmation by OFFSTAGE of the content of his Order. The Order is validated by the Seller sending the Customer an Order confirmation email (the “Order Confirmation”), which forms the contract. The Customer is invited to archive it; Invoices are available in the “my account” section of the Site.

4.4 REFUSAL TO PROCESS AN ORDER

OFFSTAGE reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite OFFSTAGE's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order. Apart from the reimbursement of the Product ordered, OFFSTAGE is not liable for any cancellation compensation.

OFFSTAGE cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.

OFFSTAGE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or who has acted in disregard of these General Terms and Conditions, or in the event of objective suspicion. of fraud.

OFFSTAGE formally prohibits the use of its Site for professional purposes, in particular with a view to purchasing for resale on a professional basis. Consequently, OFFSTAGE reserves the right to refuse an Order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered abnormally exceeds the needs of a consumer.

If it is impossible to provide the Customer with the ordered products, in particular due to a stoppage or delay in production by OFF STAGE's suppliers, the Customer will be informed by OFFSTAGE which will possibly offer an equivalent product. , a refund or, if possible, a credit.

5. PRICES, TAXES AND PAYMENT TERMS

5.1. PRICE

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros, all taxes included (for France and the European Union) and calculated excluding taxes and excluding delivery costs, customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.

All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.

All Orders, whatever their origin, are only payable in Euro.

OFFSTAGE reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time of registration and payment of the Order, subject to availability. OFFSTAGE reserves the right to modify them in the event of an increase in charges, in particular the VAT rate and in the event of a typographical or publication error.

 

The Products are payable in cash upon placing the Order. The transaction is immediately debited from the Customer's bank card after verification of the card's data, upon receipt of the debit authorization from the company issuing the bank card.

Delivery costs - as indicated in the Order summary before making payment - are the responsibility of the Customer.

5.2. TAXES

 

For certain countries, mail delivery organizations or local authorities may request payment of taxes applicable in the country of delivery concerned.

 

5.3. PAYMENT TERMS

 

The Site offers a secure payment service which is made via the secure platform of its payment provider Shopify Payment.

 

Shopify International Limited, an Irish company with its registered office at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. For any information, the Customer can consult the following website: https://www.shopify.com/legal/terms-payments-fr .

 

Payment is made only by bank card: Carte Bleue, Mastercard, Visa and Apple Pay. No payment by check can take place. In the event that the Customer has a credit issued by OFFSTAGE, it is specified that the credits are indivisible, the use of a credit greater than the total amount of the Order results in the loss of the balance. Credits are valid for one year from their issue.

 

During payment, the Customer is redirected to Shopify Payment's secure payment servers. In order to pay for your order, you will be asked to provide the number and expiration date of your bank card, as well as the cryptogram. The recording of the transaction is subject to an authorization request which allows the status of the card to be checked (opposed, expired, canceled, etc.).

 

As part of the fight against fraud, 3D Secure payment (or Verified by visa or MasterCard SecureCode or Safekey for AMEX), a payment system by authentication, has been put in place. This service is free and can be activated for payments by Carte Bleue, Visa and MasterCard. This system allows the Customer's bank to verify their identity at the time of payment. As the identification process is specific to each bank, please check with your bank for the authentication process used.

 

During each transaction, Shopify Payment and the banks of the payment issuer carry out an analysis of the transaction, in order to limit the risk of fraudulent behavior. At the end of this analysis, certain Orders could be blocked. As such, OFFSTAGE cannot be held responsible for any refusal to proceed with an Order blocked due to suspicion of fraud.

 

This information is only stored on Shopify's secure payment servers. The SSL (Secure Socket Layer) protocol guarantees the confidentiality of transmitted payment information. At no time does this information pass through the Site; OFFSTAGE does not store any payment data. OFFSTAGE does not have access to its Customers' payment data which is transmitted directly to Shopify.

The trace of your payment can be kept by printing the summary receipt offered on the site [bank website] at the end of the payment process.

 

The Customer expressly acknowledges that providing their bank card number when placing the Order constitutes authorization to debit their account up to the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by OFFSTAGE to the email address provided by the Customer when registering on the Site.

 

The data recorded and kept, excluding payment data, by OFFSTAGE constitute proof of the Order and all past sales. The data recorded by Shopify constitutes proof of any financial transaction between the Customer and OFFSTAGE

 

If within fifteen days following the implementation of the preceding paragraph, the Customer has not paid the remaining amounts due, the sale will be canceled automatically and may give rise to the right to an allocation of damages and interest to the profit of the OFFSTAGE company.

 

6. DELIVERY CONDITIONS - TRANSPORT COSTS

6.1. THE PRODUCTS CAN ONLY BE DELIVERED AFTER FULL PAYMENT OF THE PRICE MENTIONED ON THE ORDER CONFIRMATION, PLUS DELIVERY COSTS.

 

6.2. DELIVERY MEANS THE TRANSFER OF PHYSICAL POSSESSION OF THE PRODUCTS TO THE CUSTOMER (“DELIVERY”). OWNERSHIP AND RISK (IN PARTICULAR OF LOSS OR DAMAGE) RELATING TO THE PRODUCTS ORDERED WILL BE TRANSFERRED TO THE CUSTOMER AT THE TIME OF THEIR DELIVERY.

 

6.3. DELIVERY OCCURS, DEPENDING ON THE CUSTOMER'S CHOICE, EITHER BY COLLECTION OF THE PRODUCTS AT THE SELECTED COLLECTION POINT (AT A RELAY POINT, SUBJECT TO ACCEPTANCE OF THE PACKAGE BY THE SELECTED RELAY POINT), OR BY RECEIPT OF THE PRODUCTS AT THE POSTAL ADDRESS INDICATED, BEING SPECIFIED THAT THIS MUST BE THE RESIDENCE ADDRESS OF THE CUSTOMER, OF AN INDIVIDUAL OF THEIR CHOICE OR OF A LEGAL ENTITY (DELIVERY TO THEIR COMPANY).

 

6.4. DELIVERY CANNOT BE MADE TO HOTELS OR P.O. BOXES.

 

6.5. AS SOON AS THE PRODUCTS THAT THE CUSTOMER ORDER ARE SHIPPED, A CONFIRMATION BY THE CARRIER WILL BE SENT TO THE EMAIL ADDRESS INDICATED BY THE CUSTOMER WHEN ORDERING. THE PRODUCTS WILL BE DELIVERED TO THE ADDRESS PROVIDED BY THE CUSTOMER WHEN ORDERING. THE DELIVERY COSTS APPLICABLE TO THE ORDER ARE THOSE MENTIONED ON THE SITE AT THE TIME OF ORDERING.

 

6.6. UNLESS LATER MODIFICATION, TRANSPORT IS PROVIDED IN PARTICULAR BY FRANCE SERVICES: COLIS PRIVÉ, COLISSIMO, MONDIAL RELAY, CHRONOPOST SHOP2SHOP FOR FRANCE AND COLISSIMO, B2C EUROPE, MONDIAL RELAY, DHL FOR INTERNATIONAL, FROM MONDAY TO SATURDAY, DEPENDING ON THE DESTINATION AND OPTION CHOSEN BY THE CUSTOMER WHEN VALIDATION OF THEIR ORDER.

 

6.7. OFFSTAGE DELIVER ORDERS WITHIN A MAXIMUM TIME PERIOD OF TWELVE (12) WORKING DAYS FOR DELIVERY IN METROPOLITAN FRANCE AND TWENTY (20) WORKING DAYS FOR INTERNATIONAL DELIVERY, THIS TIME LIMIT BEING COUNTED FROM THE FIRST WORKING DAY AFTER VALIDATION OF THE COMMAND.

 

6.8. IN ORDER THAT THESE DEADLINES CAN BE RESPECTED, THE CUSTOMER MUST ENSURE THAT THEY HAVE PROVIDED ACCURATE AND COMPLETE INFORMATION CONCERNING THE DELIVERY ADDRESS (SUCH AS, IN PARTICULAR: STREET NUMBER, BUILDING NUMBER, STAIRCASE NUMBER, LOCATION CODES ACCESS, NAMES AND/OR INTERCOM NUMBERS, ETC.).

 

6.9. IN THE EVENT OF DELIVERY EXCEEDING THE ESTIMATED DEADLINE SET FORTH IN THE ORDER CONFIRMATION, OR, IN THE FAILURE OF SUCH A DATE, WITHIN THIRTY DAYS FOLLOWING THE ORDER CONFIRMATION, AFTER OFFSTAGE HAS BEEN ORDERED, ACCORDING TO THE SAME TERMS AND CONDITIONS AND WITHOUT RESULT , TO MAKE DELIVERY WITHIN A REASONABLE ADDITIONAL TIME, THE CUSTOMER MAY REQUEST CANCELLATION OF THE SALE AND OBTAIN A REFUND OF THE AMOUNTS PAID UPON THE ORDER. NOTWITHSTANDING THE FOREGOING, OFFSTAGE CANNOT BE HELD RESPONSIBLE FOR DAMAGABLE CONSEQUENCES RESULTING FROM A DELAY IN DELIVERY, ONLY REIMBURSEMENT OF THE PRODUCT BY OFFSTAGE BEING POSSIBLE TO THE EXCLUSION OF ANY OTHER FORM OF COMPENSATION.

 

6.10. IN CASE OF IMPOSSIBILITY TO MAKE DELIVERY, DUE TO AN WRONG DELIVERY ADDRESS, IN CASE OF ABSENCE DURING DELIVERY OF THE CARRIER OR IN CASE OF ABSENCE OF COLLECTION BY THE CUSTOMER OF THEIR ORDER FROM THE SELECTED COLLECTION POINT , NO RESHIPMENT CANNOT BE MADE AND THE CUSTOMER WILL BE REFUNDED WITHIN 15 (FIFTEEN) DAYS FROM RECEIPT OF THE ORDER BY OFFSTAGE.

Delivery policy

All our France / EU / International delivery policies are available on offstage.fr at the following address: https://offstage.fr/policies/shipping-policy

7. RIGHT OF WITHDRAWAL – RETURN AND REFUND

7.1. THE CUSTOMER HAS THE RIGHT OF WITHDRAWAL IN ACCORDANCE WITH ARTICLES L121-20-1 ET FOLLOWING OF THE CONSUMER CODE.

In accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from OFFSTAGE without having to give reasons. her decision. Beyond this period of fourteen (14) days, the sale is firm and final.

 

The right of withdrawal can be exercised either by sending the model withdrawal form appearing in Appendix 1 of the General Conditions of Sale, by email to serviceclient@offstage.fr.

 

The Customer cannot exercise his right of withdrawal for a Product that is clearly personalized or made according to his specifications, used, worn, washed, damaged or unsealed.

 

The right of withdrawal is exercised without penalty.

 

OFFSTAGE extends the period for exercising this right of withdrawal to 30 (thirty) calendar days.

 

7.2. RETURN TERMS

The costs and risks of returning the product remain the responsibility of the Customer regardless of the location of Delivery. The return of Products is at the Customer's risk if the Customer chooses a return method other than that offered by OFFSTAGE.

 

The Products must be returned to us to the address indicated on the return slip received with the Order. To make a return, the Customer must follow this procedure.

 

Any Product returned incomplete or damaged will not be eligible for any refund. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed.

 

If the package is returned unopened (unopened, not arrived or refused), it will be refunded excluding return costs, in accordance with this article.

 

In all cases of return of an ordered Product, the Customer is responsible for the shipment. It is recommended to return the products by registered mail with acknowledgment of receipt.

 

It is therefore up to the Customer to be aware of the costs incurred by the return to the service provider chosen by the Customer.

 

The reimbursement of the Order by OFFSTAGE is made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, subject to having received the Product within this period. subject of the right of withdrawal. OFFSTAGE makes the reimbursement using the same means of payment as that which was used to pay for the Order. If this payment method has expired, the Customer must contact customer service to modify the reimbursement method. OFFSTAGE cannot be held responsible for the delay in reimbursement.

 

The refund of an Order paid with a credit will be made automatically with a credit.

 

If the Customer fails to comply with these General Terms and Conditions, OFFSTAGE will not be able to reimburse the Products concerned.

 

8. LEGAL GUARANTEES

 

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.

 

The warranty covers the entire Product and includes the replacement of defective Products. The warranty is expressly excluded in cases of faulty use, wear or external material incidents.

 

Concerning the textile, it is strongly recommended to follow the instructions for use specified on the interior label.

 

OFFSTAGE guarantees consumers against lack of conformity and hidden defects for Products on sale on the Site, allowing the Customer to return defective or non-compliant Products delivered free of charge. However, Products modified, repaired or integrated by the Customer are excluded from the warranty. The guarantee will not apply for apparent defects, or which the Customer knew or could not ignore when placing the Order, in particular with regard to the indications provided by OFFSTAGE. The warranty will also not cover Products damaged after transfer of risks to the Customer, or due to improper use.

 

  • Legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code)

 

If the Customer notices a lack of conformity of the Product, within the meaning of article L. 217-5 of the Consumer Code, he may exercise the legal guarantee of conformity within a period of two (2) years from Delivery of the Product, and is exempt from providing proof of the existence of the lack of conformity during this period.

 

Your request must be addressed to the Customer Relations Department at serviceclient@offstage.fr.

 

When the legal guarantee of conformity is implemented, in accordance with articles L. 217-9 and L. 217-10 of the Consumer Code, OFFSTAGE undertakes:

 

  • Either to repair the Product or replace it with an identical product depending on available stocks, at the Customer's choice, unless this choice entails a manifestly disproportionate cost for OFFSTAGE with regard to the other method, taking into account the value of the Product or the importance of the defect;

 

  • Either to reimburse the price of the Product if the repair and replacement of a Product proves impossible, or if the replacement or repair, as the case may be, presents a major inconvenience for the Customer, or if the replacement or repair according to this case cannot be implemented within one month of the Customer's request.

 

  • Hidden defects ( articles 1641 and following of the Civil Code)

 

If the Customer notices a hidden defect within the meaning of article 1641 of the Civil Code, he may exercise the legal guarantee against hidden defects within two years from the discovery of the defect. The defect must predate the sale.

 

Your request must be sent to the Customer Relations Department by email to serviceclient@offstage.fr.

 

The Products delivered are systematically checked before shipment and have been subject to controls to ensure their conformity with their description on the Site, in accordance with articles L.211-4 et seq. of the Consumer Code. This conformity of the Products is guaranteed for a period of 2 (two) years from delivery of the Product.

 

If the error, lack of conformity or defect is validated by us, you will then be entitled to replacement or repair of the Product concerned under the conditions provided for by law. When the guarantee against hidden defects is implemented, the Customer has the choice between, after evaluating the defect:

 

  • Return the Product and have the price refunded;
  • Keep the Product and get part of the price refunded.

 

Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not exclusive of each other.

 

Article L217-4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

 

Article L217–5 of C of the Consumer Code: “The good complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

  • If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
  • If it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted

 

Article L.211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

 

Article 1641 of the Civil Code : The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.

 

  • Force Majeure

 

In the event of the occurrence of a force majeure event preventing the execution of the Order or these General Terms and Conditions, OFFSTAGE informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of OFFSTAGE or the Client without compensation to either party.

 

9. GUARANTEES – LIABILITY

 

OFFSTAGE's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter.

 

We undertake exclusively to respect the legal and regulatory provisions applicable in force in France. No regulations specific to the country of delivery and/or consultation of the Site may be imposed on us.

 

The Customer is solely responsible for compliance with the regulations applicable in your country. And it is up to him to inquire with the local authorities in your country about any limitations on import, export or use of the Products ordered on the Site.

 

The Site is accessible 7 days a week and 24 hours a day, subject to its closure for maintenance or repair or in the event of force majeure or any event beyond our control. OFFSTAGE provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning thereof, including any transmission resulting from a download of any content carried out by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful.

 

The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from downloading this content

 

OFFSTAGE is only required to deliver Products that comply with the contractual provisions.

 

In the event of damage caused by a safety defect in the Product, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the Product.

 

The Seller's liability cannot be incurred in the event of non-performance or poor performance of the contract due either to the Customer's actions, or to the actions of a third party to the contract, or to force majeure.

 

10. RESERVATIONS OF OWNERSHIP

10.1 INTELLECTUAL PROPERTY: ELEMENTS BELONGING TO OFFSTAGE SUCH AS THE SITE, BRANDS, DESIGNS, IMAGES, TEXTS AS WELL AS LOGOS ARE THE EXCLUSIVE PROPERTY OF OFFSTAGE OR HAVE BEEN LICENSED TO IT.

 

THESE CONDITIONS OF SALE DO NOT INCLUDE ANY ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND OVER THE ELEMENTS BELONGING TO IT.

 

THE CUSTOMER PROHIBITES ANY DIRECT OR INDIRECT INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS.

 

10.2 OFFSTAGE RETAINS FULL AND ENTIRE OWNERSHIP OF THE PRODUCTS SOLD UNTIL COMPLETE COLLECTION OF THE PRICE, IN MAIN, INCLUDING FEES, TAXES AND MANDATORY CONTRIBUTIONS.

 

11. PROTECTION OF PERSONAL DATA

 

All information relating to the Client is only used within the framework of its commercial relationship with www.offstage.fr. This information is never shared with third parties or resold for purposes other than the execution of the services provided by OFFSTAGE. To find out more about the processing of personal data and the Customer's rights relating to this data, consult our Privacy Policy: https://offstage.fr/policies/privacy-policy.

 

Finally, the Client's banking information is never in OFFSTAGE's possession. Transactions are entirely processed by the secure payment module of our partner Shopify Payment.

 

The Site uses cookies (connection cookies), which the user is informed of when arriving on the website. To find out more, see our Privacy Policy .

 

11.1 COLLECTION OF PERSONAL DATA

IN THE CONTEXT OF THESE CGV, OFFSTAGE, RESPONSIBLE FOR PROCESSING PERSONAL DATA, PERFORMS PERSONAL DATA PROCESSING OF YOUR DATA.

11.2 PURPOSES

 

The purposes of this data processing are: the management of Orders and the management of commercial relations with the Customer. In particular, they allow OFFSTAGE to have the Products shipped, and possibly to contact the Customer in the event of cancellation or modification of the Products ordered. This personal data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow OFFSTAGE to improve and personalize its services and the information it sends to the Client.

 

11.3 EXERCISE OF RIGHTS

 

In accordance with the national and European regulations in force on the protection of personal data, the Customer can exercise his rights of access, rectification, deletion, opposition, limitation and portability where applicable and define the fate of his “post-mortem” personal data:

 

By email : by writing to the address: dpo@offstage.fr

Or by mail at the address: OFFSTAGE - Customer Service - 10 place du Général Catroux - 75017 PARIS.

 

In order for us to respond, it is imperative to indicate the Customer's name, first name, email and address. Certain requests to exercise your rights (in particular right of access) must be accompanied by a photocopy of an identity document bearing the Client's signature in order to verify their identity and specify the address to which the response should be sent. .

 

A response will then be sent to him within 1 (one) month following receipt of the request, which may be extended to 2 (two) months taking into account the complexity and number of requests.

 

 

11.4 If the Customer's telephone number is collected when creating the Account or placing an Order, their telephone details will only be used for the proper execution of their Orders. In accordance with legal provisions, it is possible for the Client to register free of charge on the list of opposition to telephone canvassing which applies to all professionals with the exception of those with whom the Client has already concluded a contract. the Customer may object to telephone canvassing from companies of which he is not a consumer by registering on www.bloctel.gouv.fr.

 

12. ARTICLE 12 - APPLICABLE LAW - DISPUTES – MEDIATION

12.1. THESE CGV ARE SUBJECT TO FRENCH LAW. IN THE EVENT OF A DISPUTE, THE FRENCH COURTS HAVE ONLY JURISDICTION. IF THE PURCHASER HAS THE QUALITY OF A MERCHANT, THE COURTS OF THE PARIS COURT OF APPEAL HAVE ONLY JURISDICTION.

 

12.2. IN THE EVENT OF A DISPUTE ARISING OUT OF AN ORDER OR A SALE, THE CUSTOMER MAY SUBMIT A WRITTEN COMPLAINT TO CUSTOMER SERVICE SERVICECLIENT@OFFSTAGE.FR .

 

12.3. IN THE EVENT OF A CLAIM NOT AMICALLY RESOLVED BY CUSTOMER SERVICE AND FOR A DURATION OF ONE (1) YEAR, NATIONAL OR CROSS-BORDER DISPUTES WHICH MAY ARISE REGARDING THE VALIDITY, INTERPRETATION, EXECUTION OR NON-PERFORMANCE, INTERRUPTION OR TERMINATION OF THIS CONTRACT MAY BE SUBJECT TO MEDIATION AT THE CONSUMER'S REQUEST.

 

IN ACCORDANCE WITH THE PROVISIONS OF THE CONSUMER CODE CONCERNING THE AMICABLE SETTLEMENT OF DISPUTES, OFFSTAGE ADHERES TO THE SERVICE OF THE CONSUMER MEDIATOR OF THE FEVAD (FEDERATION OF E-COMMERCE AND DISTANCE SALES) WHOSE CONTACT DETAILS ARE AS FOLLOWS: MEDIATOR OF THE CONSUMER CONSUMPTION FEVAD, BP 20015- 75362 PARIS CEDEX 8– HTTP://WWW.MEDIATEURFEVAD.FR . AFTER THE CUSTOMER'S PRIOR WRITTEN APPROACH TO OFFSTAGE'S CUSTOMER SERVICE, THE MEDIATOR'S SERVICE MAY BE REFERRED TO ANY CONSUMER DISPUTE WHICH HAS NOT BEEN RESOLVED. TO FIND OUT THE PROCEDURES FOR SEEING THE MEDIATOR, CLICK HERE .

IN ACCORDANCE WITH EUROPEAN LAW (ARTICLE 14 OF REGULATION (EU) N°524/2013), AN ONLINE DISPUTE RESOLUTION PLATFORM HAS BEEN IMPLEMENTED. IT FACILITATES THE SETTLEMENT BY EXTRAJUDICIAL WAY OF ONLINE DISPUTES BETWEEN CONSUMERS AND PROFESSIONALS IN THE EUROPEAN UNION. THIS PLATFORM IS ACCESSIBLE ON THE FOLLOWING SITE HTTPS://WEBGATE.EC.EUROPA.EU/ODR/

 

12.4. IN ADDITION, THE CUSTOMER ALWAYS HAS THE OPTION TO GO TO COURT TO RESOLVE A DISPUTE. ANY DISPUTE SHALL BE SUBMITTED EXCLUSIVELY TO THE COMPETENT COURTS OF THE PARIS COURT OF APPEAL, OR, WHEN THE CUSTOMER IS A CONSUMER, TO ANY LEGALLY COMPETENT COURT.

13. GENERAL

13.1. NO TOLERANCE, INACTION OR INERTIA OF OFFSTAGE WILL CANNOT CAUSE A WAIVER OF ITS RIGHTS UNDER THE TERMS OF THE CGV, SUCH WAIVER CAN ONLY PROCEED BY AN EXPRESS DECLARATION.

 

13.2. IN THE HYPOTHESIS WHERE ONE OR MORE STIPULATIONS OF THE CONDITIONS OF SALE WERE CONSIDERED INVALID BY A COMPETENT JURISDICTION, THE OTHER CLAUSES WILL CONSERVE THEIR SCOPE AND EFFECT.

 

13.3. COMPUTERIZED RECORDS WILL BE KEPT IN OUR COMPUTER SYSTEMS IN REASONABLE SECURITY CONDITIONS AND WILL BE CONSIDERED AS PROOF OF EXCHANGES, ORDERS AND PAYMENTS MADE ON THE SITE OR BY ELECTRONIC MAIL.

 

Withdrawal form template

 

(Complete and return this form to the email address below with the Order number only if you wish to withdraw from the contract. We advise you to also specify your order number)

 

To the attention of OFFSTAGE – 10 place du Général Catroux – 75017 PARIS

Email: serviceclient@offstage.fr

WITHDRAWAL object

 

I hereby notify you of my withdrawal from the contract relating to the sale of the good(s) below: (identification of the Product(s) on which the right of withdrawal is exercised )

Ordered on (order date) and/or received on (delivery date)

Name of Consumer Customer:

Address of the Consumer Customer:

Signature of the Consumer Customer (only in the event of notification of this form on paper)

Date :

For any information, you can contact Customer Service at serviceclient@offstage.fr