ROCK
FRENCH VARIETY
URBAN
Festival
K-POP
Terms of sale
You are connected to offstage.fr (the "Site"). This Site is published by OFFSTAGE, whose registered office is located at 10 place du général Catroux 75017 Paris, registered with the Paris Trade and Companies Registry under number 948 715 206 ("OFFSTAGE").
OFFSTAGE is a member of the Fédération des Entreprises de Vente à Distance. For more information, please visit http://www.fevad.com.
These General Terms and Conditions of Sale ("GTCS") form the basis of the commercial negotiations 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, as defined in the preliminary article of the French Consumer Code, who are at least 18 years of age and have the legal capacity to contract.
A Customer is considered to be a consumer who has the legal capacity to contract and who has purchased a Product on the Site ("Customer").
Any acceptance of the clause "I have read the General Terms and Conditions of Sale and I accept them" implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
The Site is reserved for retail sales to individuals, natural persons, acting for personal purposes (the "Customer"). The Customer represents and warrants that it is acting as an end consumer of the products it orders.
OFFSTAGE is free to amend these Terms and Conditions of Sale at any time by posting them on the Site. In the event of a change to the Terms and Conditions, the Terms and Conditions applicable to the Order shall be those that were online and that the Customer accepted on the date the Order was placed. The Terms and Conditions, together with the Order confirmation sent by OFFSTAGE, constitute the contract between the Customer and OFFSTAGE for the sale of the Products ordered. Any purchase made on the Site requires the prior acceptance of the T&Cs in their entirety by ticking the box provided for that purpose.
The Customer may first register on the Site by creating an account containing the Customer's details ("the Account").
Customers must ensure that the data they provide is accurate and complete. If he/she has an Account, the Customer must always update his/her personal details. In the event of an error in the recipient's contact details, OFFSTAGE shall not be held responsible for the impossibility of delivering the Products.
The Customer also has the option of automatically pre-filling the registration form using the "Facebook Connect", "Google Connect", "Apple Connect", "Twitter Connect", "Discord Connect", "TikTok Connect", "Snapchat Connect" and "Spotify Connect" options. For more information on the protection of personal data during collection, processing and use as well as optional rights and settings to protect the Customer's privacy, the Customer may consult the privacy policies of Facebook at www.facebook.com, Google at https://policies.google.com/privacy, Apple at https://www.apple.com/fr/privacy/, Twitter at https://twitter.com/fr/privacy, Discord at https://support.discord.com/hc/fr/sections/115000344951-Confidentialit%C3%A9-et-politique, TikTok at XXX, Snapchat at and Spotify at https://www.spotify.com/fr/privacy.
OFFSTAGE may delete the Customer's Account at any time, for any reason, at its sole discretion, without any liability to the Customer.
If the Customer has an Account, his/her pseudonym and password are personal to him/her and identify all his/her actions on the Site. They must not be disclosed to third parties. Any Order placed using the corresponding pseudonym and password shall be deemed to have been placed by the Customer. If the pseudonym and password are disclosed, contact bonjour@offstage.fr as soon as possible so that they can be deactivated. The Customer is fully responsible for any use made of the Site using its username and password until it has notified OFFSTAGE of their disclosure.
2. INFORMATION ON THE SITE
The Site is accessible to all users of the Internet 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions by OFFSTAGE or its service providers for maintenance and/or security purposes or in the event of force majeure (as defined below). OFFSTAGE shall not be liable for any damages whatsoever resulting from the unavailability of the Site.
OFFSTAGE does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failure or interruption. In this regard, OFFSTAGE may freely determine in its sole discretion any period of unavailability of the Site or its content. OFFSTAGE shall not be liable for any problems with data transmission, connection or network unavailability.
OFFSTAGE does not warrant that the Site will be free from defects, errors or bugs or that the Site will operate without failure or interruption. In this regard, OFFSTAGE may, at its sole discretion, determine any period of unavailability of the Site or its content. OFFSTAGE shall not be liable for any problems with data transmission, connection or network unavailability.
OFFSTAGE reserves the right to make changes to the Site for technical or commercial reasons. Where such changes do not materially and adversely affect the terms and conditions of the provision of the Services, the Customer may be informed of such changes, but acceptance is not required.
3. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, subject to availability. This information is updated automatically in real time. However, OFFSTAGE shall not be held liable for any error in updating, regardless of the cause thereof. OFFSTAGE shall not be liable for the cancellation of an Order for a Product as a result of stock depletion.
OFFSTAGE takes the utmost care in the presentation and description of its Products in order to provide the Customer with the best possible 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 any information transmitted or obtained through the Site. Accordingly, the photographs, graphics and descriptions of the Products offered for sale are indicative only and OFFSTAGE accepts no liability for them.
It is possible that the Customer may receive, following an Order, a Product previously returned by another person. OFFSTAGE will only accept the return of Products that are intact and not used or worn, these two conditions being checked before the returned Products are returned to stock.
4. HOW TO ORDER
In order to place an Order, the Customer may first register on the Site by creating an account containing the Customer's details (the "Account") or, after having filled in his/her virtual shopping basket by indicating the Products selected and the quantities desired, click on the "Order" button and provide the delivery and payment details.
4.1 The placing of an Order on the Site is subject to compliance with the procedure established by OFFSTAGE on the Site, which comprises successive steps leading to the validation of the Order.
Orders may be placed on the Site 7 days a week, 24 hours a day.
The Customer may select any number of identical Products within the limits of normal consumer needs and available stocks. Any specific Order limitation will be mentioned in the Product description available on the Site.
The Customer may add Products to his/her shopping basket as he/she goes along by clicking on the "add to basket" button. These Products will be added to the shopping basket (the "Basket"), which summarises the Products chosen by the Customer as well as the related prices and charges.
At any time until the Order is confirmed, the Customer may change his/her mind, change the quantities and/or cancel the Products chosen.
4.2 Ordering the Product(s)
To place an order, the Customer, after having filled his/her virtual shopping basket with the Products selected and the quantities desired, clicks on the "Order" button and provides the delivery and payment details.
To validate your order, once you have read the contents of your Shopping Basket and once you have completed all the information requested, you will select the payment method you wish to use to place your Order.
By clicking on the "PAY NOW" button after the order process has been completed, and the Customer will have to tick the box "I have read the General Terms and Conditions of Sale and I accept them", in order to accept the Order and these General Terms and Conditions of Sale in full and without reservation.
4.3 Order confirmation
Upon receipt of 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 an obvious pricing error or for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for a Customer who is a consumer. Once your Order has been accepted, an Order confirmation will be sent to the e-mail address provided by the Customer.
The data recorded by OFFSTAGE is authentic and constitutes proof of all transactions.
A confirmation email summarising 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 electronic mail for OFFSTAGE's confirmation of the contents of the Order. The Order is validated by the Seller sending the Customer an Order confirmation email (the "Order Confirmation"), which forms the contract. Invoices are available on request from OFFSTAGE's customer service department.
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 amend any content or information contained therein. Despite OFFSTAGE's best efforts to satisfy its customers' expectations, OFFSTAGE may refuse to process an Order after having sent the Customer the confirmation email summarising the Order. OFFSTAGE is not liable to pay any cancellation compensation other than a refund for the Product ordered.
OFFSTAGE shall not be liable to the Customer or any third party for the consequences of the removal of any Product from the Site, or the replacement or alteration of any content or information on this Site, or the refusal to process an Order after the sending of the confirmation email summarising the Order.
OFFSTAGE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous order or who has acted in breach of these GTC, or in the event of objective suspicion of fraud.
OFFSTAGE expressly prohibits the use of its Site for professional purposes, in particular with a view to purchasing for resale on a professional basis. Accordingly, 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 exceeds abnormally the needs of a consumer.
In the event that OFFSTAGE is unable to supply the Customer with the products ordered, in particular due to a stoppage or delay in production by OFFSTAGE's suppliers, the Customer shall be informed thereof by OFFSTAGE, which may offer the Customer an equivalent product, a refund or, if possible, a credit note.
5. PRICES, TAXES AND PAYMENT TERMS
5.1. Prices
The prices of the goods sold are those in force on the date on which the order is placed. They are denominated in euros, inclusive of all taxes (for France and the European Union) and calculated exclusive of delivery charges, customs duties and other taxes. Customs duties 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, irrespective of their origin, are payable in Euro only.
OFFSTAGE reserves the right to change its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability. OFFSTAGE reserves the right to change its prices in the event of an increase in charges, in particular the VAT rate, or in the event of a typographical or publication error.
The Products are payable in cash when the Order is placed. The transaction is immediately debited from the Customer's bank card after verification of the Customer's bank card details, on receipt of debit authorisation from the bank card issuer.
Delivery costs - as indicated in the Order summary before proceeding with payment - shall be borne by the Customer.
5.2. Taxes
For certain countries, the mail delivery organisations or local authorities may request payment of taxes or duties applicable in the country of delivery concerned.
5.3. Payment methods
The Site offers a secure payment service via the secure platform of its payment service provider Shopify Payment.
Shopify International Limited is an Irish company whose registered office is at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. For further information, the Customer may consult the following website: https://www.shopify.com/legal/terms-payments-fr.
Payment may only be made by credit card: Carte Bleue, Mastercard, Visa and Apple Pay. Payment cannot be made by cheque. In the event that the Customer has a credit note issued by OFFSTAGE, it is specified that credit notes are indivisible, and the use of a credit note greater than the total amount of the Order shall result in the loss of the balance. Credit notes are valid for one year from the date of issue.
Upon 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 your bank card number, expiry date and security code. The registration of the transaction is subject to an authorisation request which enables the status of the card to be checked (opposed, expired, cancelled, 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 based on authentication, has been introduced. This service is free of charge and can be activated for payments by Carte Bleue, Visa and MasterCard. This system enables the Customer's bank to check his or her identity at the time of payment. As the identification process is specific to each bank, please check with your bank which authentication process is used.
At the time of each transaction, Shopify Payment and the banks of the payment issuer analyse the transaction in order to limit the risk of fraudulent behaviour. Following this analysis, certain Orders may be blocked. OFFSTAGE shall not be held liable for any refusal to process an Order that has been blocked due to suspected fraud.
This information is only recorded on Shopify's secure payment servers. The SSL (Secure Socket Layer) protocol guarantees the confidentiality of payment information transmitted. 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.
A record of your payment can be kept by printing out your confirmation email, which will indicate the amount, the date of payment and the card used.
The Customer expressly acknowledges that the provision of his/her bank card number when placing the Order constitutes authorisation to debit his/her account up to the price of the Products ordered. Where applicable, OFFSTAGE will send the Customer notification of the cancellation of an Order for non-payment at the email address provided by the Customer when registering on the Site.
The data recorded and stored by OFFSTAGE, excluding payment data, constitutes proof of the Order and of all sales made. The data recorded by Shopify constitutes proof of any financial transaction between the Customer and OFFSTAGE.
If, within fifteen days of the implementation of the preceding paragraph, the Customer has not paid the outstanding sums, the sale shall be automatically cancelled and OFFSTAGE may be entitled to claim damages.
6. TERMS OF DELIVERY - TRANSPORT COSTS
6.1. The Products may only be delivered after full payment of the price stated on the Order Confirmation, plus delivery charges.
6.2. Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery"). Ownership and the risks (in particular of loss or deterioration) relating to the Products ordered will be transferred to the Customer at the time of their delivery.
6.3. Delivery takes place, depending on the Customer's choice, either by collecting the Products from the selected collection point (from a Point Relais, subject to acceptance of the parcel by the selected Point Relais), or by receiving the Products at the postal address indicated, it being specified that this must be the Customer's home address, that of a natural person of his/her choice or that of a legal entity (delivery to his/her company).
6.4. Delivery may not be made to hotels or post office boxes.
6.5. As soon as the Products ordered by the Customer have been dispatched, confirmation from the carrier will be sent to the e-mail address indicated by the Customer when placing the Order. The Products will be delivered to the address provided by the Customer when placing the Order. The delivery charges applicable to the Order shall be those indicated on the Web Site at the time the Order is placed.
6.6. Unless subsequently modified, deliveries are made by Coliéco, ColisPrivé, DPD, Mondial Relay, Colissimo Expert International, from Monday to Saturday, depending on the option chosen by the Customer when validating the Order.
6.7. OFFSTAGE shall deliver Orders within a maximum period of twelve (12) working days for delivery in mainland France and twenty (20) working days for international delivery, this period being counted from the first working day after the Order has been validated.
6.8. In order for these timescales to be met, 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, access codes, names and/or intercom numbers, etc.).
6.9. In the event of delivery exceeding the estimated delivery date set out in the Order Confirmation, or, in the absence of such a date, within thirty days of the Order Confirmation, after OFFSTAGE has been requested, on the same terms and without result, to make delivery within a reasonable additional period, the Customer may request cancellation of the sale and obtain a refund of the sums paid in respect of the Order. Notwithstanding the foregoing, OFFSTAGE shall not be liable for any consequential loss arising from a delay in delivery, and OFFSTAGE shall only be entitled to a refund of the Product to the exclusion of any other form of compensation.
6.10. If Delivery is not possible due to an incorrect delivery address, if the carrier is absent at the time of delivery or if the Customer fails to collect the Order from the selected collection point, no re-shipment will be made and the Customer will be refunded within 15 (fifteen) days of receipt of the Order by OFFSTAGE.
6.11. An invoice will be enclosed with the parcel, showing your customer number and order number. Keep this invoice as it will be useful in the event of an exchange or refund. It also serves as a guarantee.
7. 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 - returns and REFUNDS
7.1. The Customer has the right of withdrawal in accordance with Articles L121-20-1 et seq. of the French Consumer Code.
In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order in which to exercise its right of withdrawal from OFFSTAGE without having to give any reason for its decision. After this period of fourteen (14) days, the sale is firm and final.
The right of withdrawal may be exercised either by sending the model withdrawal form in Appendix 1 of the General Terms and Conditions of Sale by post to the following address: OFFSTAGE - Service retours - 10 place du général Catroux 75017 Paris, France, or by email to serviceclient@offstage.fr.
The Customer may not exercise his right of withdrawal for a Product that has been clearly personalised or made to his specifications, used, worn, washed, damaged or unsealed.
The right of withdrawal is exercised without penalty.
7.2. Return procedure
The costs and risks of returning the Product remain at the Customer's expense, regardless of the place of Delivery. The return of Products is at the Customer's risk if the Customer chooses a method of return other than that offered by OFFSTAGE.
The Products must be returned to us at the address indicated on the returns form available from OFFSTAGE customer service, if the Customer's order is eligible for return. To make a return, the Customer must follow this procedure.
Any Product that is returned incomplete or damaged will not be eligible for a refund. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed.
If the package is returned unopened (unopened, not arrived or refused), it will be reimbursed, 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 advisable to return Products by recorded delivery with acknowledgement of receipt requested.
It is therefore the Customer's responsibility to ascertain the costs incurred by the return from the service provider chosen by the Customer.
OFFSTAGE shall refund the Order within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, provided that the Customer has received the Product subject to the right of withdrawal within this period. OFFSTAGE shall make the refund using the same means of payment that was used to pay for the Order. If this method of payment has expired, the Customer must contact Customer Services to change the method of refund. OFFSTAGE shall not be liable for any delay in the refund.
An Order paid for with a credit note will automatically be refunded as a credit note.
If the Customer fails to comply with these Terms and Conditions, OFFSTAGE will not be able to refund the Products concerned.
8. LEGAL WARRANTIES
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the warranties provided by law.
The guarantee covers the entire Product and includes the replacement of defective Products. The guarantee is expressly excluded in cases of misuse, wear and tear or external material incidents.
In the case of textiles, we strongly recommend that you follow the instructions for use on the inner label.
OFFSTAGE guarantees consumers against defects in conformity and latent defects for Products sold on the Site, allowing the Customer to return defective or non-compliant Products delivered free of charge. However, the warranty does not cover Products that have been modified, repaired or integrated by the Customer. The warranty shall not apply to defects that are apparent, or that the Customer was aware of or could not have been unaware of at the time the Order was placed, in particular with regard to the information provided by OFFSTAGE. Nor shall the warranty cover Products damaged after the transfer of risk to the Customer or as a result of misuse.
Legal Warranty of Conformity (as defined in Articles L217-4 et seq. of the French Consumer Code)
If the Customer finds that the Product does not conform to the specifications set out in article L. 217-5 of the French Consumer Code, he/she may exercise the legal guarantee of conformity within a period of two (2) years from the date of Delivery of the Product, and is exempt from having to prove the existence of the lack of conformity during this period.
Requests should be sent to the Customer Relations Department at serviceclient@offstage.fr.
Where the legal guarantee of conformity is invoked, in accordance with Articles L. 217-9 and L. 217-10 of the French Consumer Code, OFFSTAGE undertakes to:
Either repair the Product or replace it with an identical product subject to available stocks, at the Customer's option, unless this option would result in a cost that would be manifestly disproportionate for OFFSTAGE in relation to the other option, taking into account the value of the Product or the significance of the defect;
refund the price of the Product if repair and replacement of a Product prove impossible, or if replacement or repair, as the case may be, would present a major inconvenience to the Customer, or if replacement or repair, as the case may be, cannot be implemented within one month of the Customer's request.
Hidden defects (articles 1641 et seq. of the French Civil Code)
If the Customer becomes aware of a hidden defect within the meaning of article 1641 of the French Civil Code, he/she may exercise the legal guarantee against hidden defects within a period of two years from the discovery of the defect. The defect must have existed prior to the sale.
The request must be sent to the Customer Relations Department by email to serviceclient@offstage.fr.
The Products delivered are systematically checked before dispatch and have been checked to ensure that they conform to their description on the Site, in accordance with articles L.211-4 et seq. of the French 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 the replacement or repair of the Product concerned under the conditions provided for by law. When the guarantee against latent defects is invoked, the Customer has the choice, after evaluation of the defect, between :
Return the Product and have the price refunded;
Keep the Product and have 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 mutually exclusive.
Article L217-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L217-5 du C of the French Consumer Code: "The goods conform to the contract:
1° If it is fit for the purpose 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 has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.211-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them.
Force Majeure
In the event of a force majeure event preventing performance of the Order or these GTC, OFFSTAGE shall inform the Customer by e-mail or by registered letter with acknowledgement of receipt within fifteen (15) days of the occurrence of such event. The following events are expressly deemed to be force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supplies for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All the 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 relevant transaction may be terminated at the request of OFFSTAGE or the Customer without compensation to either party.
9. Warranties - Liability
OFFSTAGE's liability in respect of any Product purchased from the Site is strictly limited to the purchase price thereof.
We undertake exclusively to comply with the legal and regulatory provisions applicable in France. No regulations specific to the country of delivery and/or consultation of the Site may be invoked against us.
The Customer is solely responsible for compliance with the regulations applicable in your country. It is the Customer's responsibility to check with the local authorities in their country for any restrictions on the import, export or use of 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 makes no warranty with respect to 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 the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, the Customer acknowledges that it is his/her responsibility to install appropriate anti-virus and security software on his/her computer hardware and any other devices in order to protect them against any bugs, viruses or other programming routines of this kind that may prove 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 to its computer system or loss of data that results from the download of such content.
OFFSTAGE is only obliged 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 on the packaging of the Product.
The Seller may not be held liable in the event of non-performance or poor performance of the contract due either to the fault of the Customer, or to the fault of a third party to the contract, or to force majeure.
10. RESERVATION OF OWNERSHIP
10.1 Intellectual property: The elements belonging to OFFSTAGE such as the Site, trademarks, designs, images, texts and logos are the exclusive property of OFFSTAGE or have been licensed to it.
These terms and conditions of sale do not imply any transfer of intellectual property rights of any kind in respect of the elements belonging to OFFSTAGE.
The Customer shall not directly or indirectly infringe our intellectual property rights.
10.2 OFFSTAGE retains full and complete title to the Products sold until full payment of the purchase price, including all fees, taxes and compulsory contributions, has been received.
11. PROTECTION OF PERSONAL DATA
All information relating to the Customer is used solely for the purposes of the Customer's business relationship with www.offstage.fr. This information is never shared with third parties or sold for purposes other than the performance of services rendered by OFFSTAGE. To find out more about the processing of personal data and the Customer's rights in relation to such data, please consult our Privacy Policy: https://offstage.fr/policies/privacy-policy.
Finally, the Customer's banking information is never in OFFSTAGE's possession. Transactions are processed entirely by the secure payment module of our partner Shopify Payment.
The Site uses cookies, of which the user is informed when arriving on the website. To find out more, consult our Privacy Policy.
11.1 Collection of personal data
In the context of these GTC, OFFSTAGE, the data controller, processes your personal 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, it enables OFFSTAGE to ship the Products and, if necessary, to contact the Customer in the event of cancellation or modification of the Products ordered. This personal data is also kept for security purposes, to comply with legal and regulatory obligations and to enable OFFSTAGE to improve and personalise its services and the information it sends to the Customer.
11.3 Exercise of rights
In accordance with the national and European regulations in force on the protection of personal data, the Customer may exercise its rights of access, rectification, deletion, opposition, limitation and portability where applicable and define the fate of its personal data "post mortem":
By email: by writing to the address: dpo@offstage.fr
Or by post to the following address: OFFSTAGE- Service Client - 10 place du Général Catroux - 75017 PARIS.
To enable us to respond, it is imperative to indicate the Customer's surname, first name, e-mail address. Certain requests to exercise your rights (in particular the right of access) must be accompanied by a photocopy of an identity document bearing the Customer's signature in order to verify the Customer's identity and to specify the address to which the reply should be sent.
A reply will then be sent within 1 (one) month of receipt of the request, which may be extended to 2 (two) months depending on the complexity and number of requests.
11.4 If the Customer's telephone number is collected when the Account is created or when an Order is placed, the Customer's telephone details will only be used to process Orders. In accordance with legal provisions, the Customer may register free of charge on the "opposition to telephone canvassing" list, which applies to all professionals with the exception of those with whom the Customer has already concluded a contract. The Customer may oppose telephone canvassing by companies of which he or she is not a consumer by registering on www.bloctel.gouv.fr.
12. ARTICLE 12 - APPLICABLE LAW - DISPUTES - MEDIATION
12.1. These GTC are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction. If the purchaser is a merchant, the courts within the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction.
12.2 In the event of a dispute arising from an order or sale, the Customer may submit a written complaint to Customer Services at serviceclient@offstage.fr.
12.3 For a period of one (1) year, any national or cross-border dispute arising from the validity, interpretation, performance or non-performance, interruption or termination of this Agreement may be submitted to mediation at the request of the Consumer.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, OFFSTAGE subscribes to the FEVAD (Fédération du e-commerce et de la vente à distance) E-Commerce Mediation Service, whose contact details are as follows: Médiateur de la consommation FEVAD, BP 20015- 75362 PARIS CEDEX 8- http://www.mediateurfevad.fr.Après The Customer may make a prior written application to OFFSTAGE's Customer Service Department to contact the Ombudsman for any consumer dispute that has not been resolved. To find out how to contact the Ombudsman, click here.
In accordance with European law (Article 14 of Regulation (EU) No. 524/2013), an Online Dispute Resolution platform has been set up. It facilitates the out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at https://webgate.ec.europa.eu/odr/
12.4 In addition, the Customer always has the option of taking legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any legally competent court.
13. GENERAL
13.1. No forbearance, inaction or inertia on the part of OFFSTAGE shall constitute a waiver of any of its rights under the T&Cs and any such waiver shall only be effective by express declaration.
13.2. In the event that one or more provisions of the Terms and Conditions of Sale are found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13.3. Computerised registers will be kept in our computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Site or by e-mail.
Model withdrawal form
(Complete and return this form and the Order number only if you wish to withdraw from the contract. We recommend that you also specify your order number)
For the attention of OFFSTAGE - 10 place du Général Catroux - 75017 PARIS
E-mail: serviceclient@offstage.fr
Subject RETRACTATION
I hereby notify you of my withdrawal from the contract for the sale of the following product(s): (identification of the Product(s) in respect of which the right of withdrawal is being exercised)
Ordered on (date of order) and/or received on (date of delivery)
Name of the consumer Customer :
Consumer Customer's address :
Signature of the consumer Customer (only in the case of notification of this form on paper)
Date :
For further information, please contact Customer Services at serviceclient@offstage.fr
OFFSTAGE is a member of the Fédération des Entreprises de Vente à Distance. For more information, please visit http://www.fevad.com.
These General Terms and Conditions of Sale ("GTCS") form the basis of the commercial negotiations 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, as defined in the preliminary article of the French Consumer Code, who are at least 18 years of age and have the legal capacity to contract.
A Customer is considered to be a consumer who has the legal capacity to contract and who has purchased a Product on the Site ("Customer").
Any acceptance of the clause "I have read the General Terms and Conditions of Sale and I accept them" implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
The Site is reserved for retail sales to individuals, natural persons, acting for personal purposes (the "Customer"). The Customer represents and warrants that it is acting as an end consumer of the products it orders.
OFFSTAGE is free to amend these Terms and Conditions of Sale at any time by posting them on the Site. In the event of a change to the Terms and Conditions, the Terms and Conditions applicable to the Order shall be those that were online and that the Customer accepted on the date the Order was placed. The Terms and Conditions, together with the Order confirmation sent by OFFSTAGE, constitute the contract between the Customer and OFFSTAGE for the sale of the Products ordered. Any purchase made on the Site requires the prior acceptance of the T&Cs in their entirety by ticking the box provided for that purpose.
The Customer may first register on the Site by creating an account containing the Customer's details ("the Account").
Customers must ensure that the data they provide is accurate and complete. If he/she has an Account, the Customer must always update his/her personal details. In the event of an error in the recipient's contact details, OFFSTAGE shall not be held responsible for the impossibility of delivering the Products.
The Customer also has the option of automatically pre-filling the registration form using the "Facebook Connect", "Google Connect", "Apple Connect", "Twitter Connect", "Discord Connect", "TikTok Connect", "Snapchat Connect" and "Spotify Connect" options. For more information on the protection of personal data during collection, processing and use as well as optional rights and settings to protect the Customer's privacy, the Customer may consult the privacy policies of Facebook at www.facebook.com, Google at https://policies.google.com/privacy, Apple at https://www.apple.com/fr/privacy/, Twitter at https://twitter.com/fr/privacy, Discord at https://support.discord.com/hc/fr/sections/115000344951-Confidentialit%C3%A9-et-politique, TikTok at XXX, Snapchat at and Spotify at https://www.spotify.com/fr/privacy.
OFFSTAGE may delete the Customer's Account at any time, for any reason, at its sole discretion, without any liability to the Customer.
If the Customer has an Account, his/her pseudonym and password are personal to him/her and identify all his/her actions on the Site. They must not be disclosed to third parties. Any Order placed using the corresponding pseudonym and password shall be deemed to have been placed by the Customer. If the pseudonym and password are disclosed, contact bonjour@offstage.fr as soon as possible so that they can be deactivated. The Customer is fully responsible for any use made of the Site using its username and password until it has notified OFFSTAGE of their disclosure.
2. INFORMATION ON THE SITE
The Site is accessible to all users of the Internet 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions by OFFSTAGE or its service providers for maintenance and/or security purposes or in the event of force majeure (as defined below). OFFSTAGE shall not be liable for any damages whatsoever resulting from the unavailability of the Site.
OFFSTAGE does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failure or interruption. In this regard, OFFSTAGE may freely determine in its sole discretion any period of unavailability of the Site or its content. OFFSTAGE shall not be liable for any problems with data transmission, connection or network unavailability.
OFFSTAGE does not warrant that the Site will be free from defects, errors or bugs or that the Site will operate without failure or interruption. In this regard, OFFSTAGE may, at its sole discretion, determine any period of unavailability of the Site or its content. OFFSTAGE shall not be liable for any problems with data transmission, connection or network unavailability.
OFFSTAGE reserves the right to make changes to the Site for technical or commercial reasons. Where such changes do not materially and adversely affect the terms and conditions of the provision of the Services, the Customer may be informed of such changes, but acceptance is not required.
3. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, subject to availability. This information is updated automatically in real time. However, OFFSTAGE shall not be held liable for any error in updating, regardless of the cause thereof. OFFSTAGE shall not be liable for the cancellation of an Order for a Product as a result of stock depletion.
OFFSTAGE takes the utmost care in the presentation and description of its Products in order to provide the Customer with the best possible 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 any information transmitted or obtained through the Site. Accordingly, the photographs, graphics and descriptions of the Products offered for sale are indicative only and OFFSTAGE accepts no liability for them.
It is possible that the Customer may receive, following an Order, a Product previously returned by another person. OFFSTAGE will only accept the return of Products that are intact and not used or worn, these two conditions being checked before the returned Products are returned to stock.
4. HOW TO ORDER
In order to place an Order, the Customer may first register on the Site by creating an account containing the Customer's details (the "Account") or, after having filled in his/her virtual shopping basket by indicating the Products selected and the quantities desired, click on the "Order" button and provide the delivery and payment details.
4.1 The placing of an Order on the Site is subject to compliance with the procedure established by OFFSTAGE on the Site, which comprises successive steps leading to the validation of the Order.
Orders may be placed on the Site 7 days a week, 24 hours a day.
The Customer may select any number of identical Products within the limits of normal consumer needs and available stocks. Any specific Order limitation will be mentioned in the Product description available on the Site.
The Customer may add Products to his/her shopping basket as he/she goes along by clicking on the "add to basket" button. These Products will be added to the shopping basket (the "Basket"), which summarises the Products chosen by the Customer as well as the related prices and charges.
At any time until the Order is confirmed, the Customer may change his/her mind, change the quantities and/or cancel the Products chosen.
4.2 Ordering the Product(s)
To place an order, the Customer, after having filled his/her virtual shopping basket with the Products selected and the quantities desired, clicks on the "Order" button and provides the delivery and payment details.
To validate your order, once you have read the contents of your Shopping Basket and once you have completed all the information requested, you will select the payment method you wish to use to place your Order.
By clicking on the "PAY NOW" button after the order process has been completed, and the Customer will have to tick the box "I have read the General Terms and Conditions of Sale and I accept them", in order to accept the Order and these General Terms and Conditions of Sale in full and without reservation.
4.3 Order confirmation
Upon receipt of 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 an obvious pricing error or for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for a Customer who is a consumer. Once your Order has been accepted, an Order confirmation will be sent to the e-mail address provided by the Customer.
The data recorded by OFFSTAGE is authentic and constitutes proof of all transactions.
A confirmation email summarising 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 electronic mail for OFFSTAGE's confirmation of the contents of the Order. The Order is validated by the Seller sending the Customer an Order confirmation email (the "Order Confirmation"), which forms the contract. Invoices are available on request from OFFSTAGE's customer service department.
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 amend any content or information contained therein. Despite OFFSTAGE's best efforts to satisfy its customers' expectations, OFFSTAGE may refuse to process an Order after having sent the Customer the confirmation email summarising the Order. OFFSTAGE is not liable to pay any cancellation compensation other than a refund for the Product ordered.
OFFSTAGE shall not be liable to the Customer or any third party for the consequences of the removal of any Product from the Site, or the replacement or alteration of any content or information on this Site, or the refusal to process an Order after the sending of the confirmation email summarising the Order.
OFFSTAGE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous order or who has acted in breach of these GTC, or in the event of objective suspicion of fraud.
OFFSTAGE expressly prohibits the use of its Site for professional purposes, in particular with a view to purchasing for resale on a professional basis. Accordingly, 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 exceeds abnormally the needs of a consumer.
In the event that OFFSTAGE is unable to supply the Customer with the products ordered, in particular due to a stoppage or delay in production by OFFSTAGE's suppliers, the Customer shall be informed thereof by OFFSTAGE, which may offer the Customer an equivalent product, a refund or, if possible, a credit note.
5. PRICES, TAXES AND PAYMENT TERMS
5.1. Prices
The prices of the goods sold are those in force on the date on which the order is placed. They are denominated in euros, inclusive of all taxes (for France and the European Union) and calculated exclusive of delivery charges, customs duties and other taxes. Customs duties 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, irrespective of their origin, are payable in Euro only.
OFFSTAGE reserves the right to change its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability. OFFSTAGE reserves the right to change its prices in the event of an increase in charges, in particular the VAT rate, or in the event of a typographical or publication error.
The Products are payable in cash when the Order is placed. The transaction is immediately debited from the Customer's bank card after verification of the Customer's bank card details, on receipt of debit authorisation from the bank card issuer.
Delivery costs - as indicated in the Order summary before proceeding with payment - shall be borne by the Customer.
5.2. Taxes
For certain countries, the mail delivery organisations or local authorities may request payment of taxes or duties applicable in the country of delivery concerned.
5.3. Payment methods
The Site offers a secure payment service via the secure platform of its payment service provider Shopify Payment.
Shopify International Limited is an Irish company whose registered office is at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. For further information, the Customer may consult the following website: https://www.shopify.com/legal/terms-payments-fr.
Payment may only be made by credit card: Carte Bleue, Mastercard, Visa and Apple Pay. Payment cannot be made by cheque. In the event that the Customer has a credit note issued by OFFSTAGE, it is specified that credit notes are indivisible, and the use of a credit note greater than the total amount of the Order shall result in the loss of the balance. Credit notes are valid for one year from the date of issue.
Upon 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 your bank card number, expiry date and security code. The registration of the transaction is subject to an authorisation request which enables the status of the card to be checked (opposed, expired, cancelled, 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 based on authentication, has been introduced. This service is free of charge and can be activated for payments by Carte Bleue, Visa and MasterCard. This system enables the Customer's bank to check his or her identity at the time of payment. As the identification process is specific to each bank, please check with your bank which authentication process is used.
At the time of each transaction, Shopify Payment and the banks of the payment issuer analyse the transaction in order to limit the risk of fraudulent behaviour. Following this analysis, certain Orders may be blocked. OFFSTAGE shall not be held liable for any refusal to process an Order that has been blocked due to suspected fraud.
This information is only recorded on Shopify's secure payment servers. The SSL (Secure Socket Layer) protocol guarantees the confidentiality of payment information transmitted. 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.
A record of your payment can be kept by printing out your confirmation email, which will indicate the amount, the date of payment and the card used.
The Customer expressly acknowledges that the provision of his/her bank card number when placing the Order constitutes authorisation to debit his/her account up to the price of the Products ordered. Where applicable, OFFSTAGE will send the Customer notification of the cancellation of an Order for non-payment at the email address provided by the Customer when registering on the Site.
The data recorded and stored by OFFSTAGE, excluding payment data, constitutes proof of the Order and of all sales made. The data recorded by Shopify constitutes proof of any financial transaction between the Customer and OFFSTAGE.
If, within fifteen days of the implementation of the preceding paragraph, the Customer has not paid the outstanding sums, the sale shall be automatically cancelled and OFFSTAGE may be entitled to claim damages.
6. TERMS OF DELIVERY - TRANSPORT COSTS
6.1. The Products may only be delivered after full payment of the price stated on the Order Confirmation, plus delivery charges.
6.2. Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery"). Ownership and the risks (in particular of loss or deterioration) relating to the Products ordered will be transferred to the Customer at the time of their delivery.
6.3. Delivery takes place, depending on the Customer's choice, either by collecting the Products from the selected collection point (from a Point Relais, subject to acceptance of the parcel by the selected Point Relais), or by receiving the Products at the postal address indicated, it being specified that this must be the Customer's home address, that of a natural person of his/her choice or that of a legal entity (delivery to his/her company).
6.4. Delivery may not be made to hotels or post office boxes.
6.5. As soon as the Products ordered by the Customer have been dispatched, confirmation from the carrier will be sent to the e-mail address indicated by the Customer when placing the Order. The Products will be delivered to the address provided by the Customer when placing the Order. The delivery charges applicable to the Order shall be those indicated on the Web Site at the time the Order is placed.
6.6. Unless subsequently modified, deliveries are made by Coliéco, ColisPrivé, DPD, Mondial Relay, Colissimo Expert International, from Monday to Saturday, depending on the option chosen by the Customer when validating the Order.
6.7. OFFSTAGE shall deliver Orders within a maximum period of twelve (12) working days for delivery in mainland France and twenty (20) working days for international delivery, this period being counted from the first working day after the Order has been validated.
6.8. In order for these timescales to be met, 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, access codes, names and/or intercom numbers, etc.).
6.9. In the event of delivery exceeding the estimated delivery date set out in the Order Confirmation, or, in the absence of such a date, within thirty days of the Order Confirmation, after OFFSTAGE has been requested, on the same terms and without result, to make delivery within a reasonable additional period, the Customer may request cancellation of the sale and obtain a refund of the sums paid in respect of the Order. Notwithstanding the foregoing, OFFSTAGE shall not be liable for any consequential loss arising from a delay in delivery, and OFFSTAGE shall only be entitled to a refund of the Product to the exclusion of any other form of compensation.
6.10. If Delivery is not possible due to an incorrect delivery address, if the carrier is absent at the time of delivery or if the Customer fails to collect the Order from the selected collection point, no re-shipment will be made and the Customer will be refunded within 15 (fifteen) days of receipt of the Order by OFFSTAGE.
6.11. An invoice will be enclosed with the parcel, showing your customer number and order number. Keep this invoice as it will be useful in the event of an exchange or refund. It also serves as a guarantee.
7. 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 - returns and REFUNDS
7.1. The Customer has the right of withdrawal in accordance with Articles L121-20-1 et seq. of the French Consumer Code.
In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order in which to exercise its right of withdrawal from OFFSTAGE without having to give any reason for its decision. After this period of fourteen (14) days, the sale is firm and final.
The right of withdrawal may be exercised either by sending the model withdrawal form in Appendix 1 of the General Terms and Conditions of Sale by post to the following address: OFFSTAGE - Service retours - 10 place du général Catroux 75017 Paris, France, or by email to serviceclient@offstage.fr.
The Customer may not exercise his right of withdrawal for a Product that has been clearly personalised or made to his specifications, used, worn, washed, damaged or unsealed.
The right of withdrawal is exercised without penalty.
7.2. Return procedure
The costs and risks of returning the Product remain at the Customer's expense, regardless of the place of Delivery. The return of Products is at the Customer's risk if the Customer chooses a method of return other than that offered by OFFSTAGE.
The Products must be returned to us at the address indicated on the returns form available from OFFSTAGE customer service, if the Customer's order is eligible for return. To make a return, the Customer must follow this procedure.
Any Product that is returned incomplete or damaged will not be eligible for a refund. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed.
If the package is returned unopened (unopened, not arrived or refused), it will be reimbursed, 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 advisable to return Products by recorded delivery with acknowledgement of receipt requested.
It is therefore the Customer's responsibility to ascertain the costs incurred by the return from the service provider chosen by the Customer.
OFFSTAGE shall refund the Order within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, provided that the Customer has received the Product subject to the right of withdrawal within this period. OFFSTAGE shall make the refund using the same means of payment that was used to pay for the Order. If this method of payment has expired, the Customer must contact Customer Services to change the method of refund. OFFSTAGE shall not be liable for any delay in the refund.
An Order paid for with a credit note will automatically be refunded as a credit note.
If the Customer fails to comply with these Terms and Conditions, OFFSTAGE will not be able to refund the Products concerned.
8. LEGAL WARRANTIES
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the warranties provided by law.
The guarantee covers the entire Product and includes the replacement of defective Products. The guarantee is expressly excluded in cases of misuse, wear and tear or external material incidents.
In the case of textiles, we strongly recommend that you follow the instructions for use on the inner label.
OFFSTAGE guarantees consumers against defects in conformity and latent defects for Products sold on the Site, allowing the Customer to return defective or non-compliant Products delivered free of charge. However, the warranty does not cover Products that have been modified, repaired or integrated by the Customer. The warranty shall not apply to defects that are apparent, or that the Customer was aware of or could not have been unaware of at the time the Order was placed, in particular with regard to the information provided by OFFSTAGE. Nor shall the warranty cover Products damaged after the transfer of risk to the Customer or as a result of misuse.
Legal Warranty of Conformity (as defined in Articles L217-4 et seq. of the French Consumer Code)
If the Customer finds that the Product does not conform to the specifications set out in article L. 217-5 of the French Consumer Code, he/she may exercise the legal guarantee of conformity within a period of two (2) years from the date of Delivery of the Product, and is exempt from having to prove the existence of the lack of conformity during this period.
Requests should be sent to the Customer Relations Department at serviceclient@offstage.fr.
Where the legal guarantee of conformity is invoked, in accordance with Articles L. 217-9 and L. 217-10 of the French Consumer Code, OFFSTAGE undertakes to:
Either repair the Product or replace it with an identical product subject to available stocks, at the Customer's option, unless this option would result in a cost that would be manifestly disproportionate for OFFSTAGE in relation to the other option, taking into account the value of the Product or the significance of the defect;
refund the price of the Product if repair and replacement of a Product prove impossible, or if replacement or repair, as the case may be, would present a major inconvenience to the Customer, or if replacement or repair, as the case may be, cannot be implemented within one month of the Customer's request.
Hidden defects (articles 1641 et seq. of the French Civil Code)
If the Customer becomes aware of a hidden defect within the meaning of article 1641 of the French Civil Code, he/she may exercise the legal guarantee against hidden defects within a period of two years from the discovery of the defect. The defect must have existed prior to the sale.
The request must be sent to the Customer Relations Department by email to serviceclient@offstage.fr.
The Products delivered are systematically checked before dispatch and have been checked to ensure that they conform to their description on the Site, in accordance with articles L.211-4 et seq. of the French 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 the replacement or repair of the Product concerned under the conditions provided for by law. When the guarantee against latent defects is invoked, the Customer has the choice, after evaluation of the defect, between :
Return the Product and have the price refunded;
Keep the Product and have 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 mutually exclusive.
Article L217-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L217-5 du C of the French Consumer Code: "The goods conform to the contract:
1° If it is fit for the purpose 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 has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.211-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them.
Force Majeure
In the event of a force majeure event preventing performance of the Order or these GTC, OFFSTAGE shall inform the Customer by e-mail or by registered letter with acknowledgement of receipt within fifteen (15) days of the occurrence of such event. The following events are expressly deemed to be force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supplies for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All the 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 relevant transaction may be terminated at the request of OFFSTAGE or the Customer without compensation to either party.
9. Warranties - Liability
OFFSTAGE's liability in respect of any Product purchased from the Site is strictly limited to the purchase price thereof.
We undertake exclusively to comply with the legal and regulatory provisions applicable in France. No regulations specific to the country of delivery and/or consultation of the Site may be invoked against us.
The Customer is solely responsible for compliance with the regulations applicable in your country. It is the Customer's responsibility to check with the local authorities in their country for any restrictions on the import, export or use of 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 makes no warranty with respect to 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 the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, the Customer acknowledges that it is his/her responsibility to install appropriate anti-virus and security software on his/her computer hardware and any other devices in order to protect them against any bugs, viruses or other programming routines of this kind that may prove 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 to its computer system or loss of data that results from the download of such content.
OFFSTAGE is only obliged 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 on the packaging of the Product.
The Seller may not be held liable in the event of non-performance or poor performance of the contract due either to the fault of the Customer, or to the fault of a third party to the contract, or to force majeure.
10. RESERVATION OF OWNERSHIP
10.1 Intellectual property: The elements belonging to OFFSTAGE such as the Site, trademarks, designs, images, texts and logos are the exclusive property of OFFSTAGE or have been licensed to it.
These terms and conditions of sale do not imply any transfer of intellectual property rights of any kind in respect of the elements belonging to OFFSTAGE.
The Customer shall not directly or indirectly infringe our intellectual property rights.
10.2 OFFSTAGE retains full and complete title to the Products sold until full payment of the purchase price, including all fees, taxes and compulsory contributions, has been received.
11. PROTECTION OF PERSONAL DATA
All information relating to the Customer is used solely for the purposes of the Customer's business relationship with www.offstage.fr. This information is never shared with third parties or sold for purposes other than the performance of services rendered by OFFSTAGE. To find out more about the processing of personal data and the Customer's rights in relation to such data, please consult our Privacy Policy: https://offstage.fr/policies/privacy-policy.
Finally, the Customer's banking information is never in OFFSTAGE's possession. Transactions are processed entirely by the secure payment module of our partner Shopify Payment.
The Site uses cookies, of which the user is informed when arriving on the website. To find out more, consult our Privacy Policy.
11.1 Collection of personal data
In the context of these GTC, OFFSTAGE, the data controller, processes your personal 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, it enables OFFSTAGE to ship the Products and, if necessary, to contact the Customer in the event of cancellation or modification of the Products ordered. This personal data is also kept for security purposes, to comply with legal and regulatory obligations and to enable OFFSTAGE to improve and personalise its services and the information it sends to the Customer.
11.3 Exercise of rights
In accordance with the national and European regulations in force on the protection of personal data, the Customer may exercise its rights of access, rectification, deletion, opposition, limitation and portability where applicable and define the fate of its personal data "post mortem":
By email: by writing to the address: dpo@offstage.fr
Or by post to the following address: OFFSTAGE- Service Client - 10 place du Général Catroux - 75017 PARIS.
To enable us to respond, it is imperative to indicate the Customer's surname, first name, e-mail address. Certain requests to exercise your rights (in particular the right of access) must be accompanied by a photocopy of an identity document bearing the Customer's signature in order to verify the Customer's identity and to specify the address to which the reply should be sent.
A reply will then be sent within 1 (one) month of receipt of the request, which may be extended to 2 (two) months depending on the complexity and number of requests.
11.4 If the Customer's telephone number is collected when the Account is created or when an Order is placed, the Customer's telephone details will only be used to process Orders. In accordance with legal provisions, the Customer may register free of charge on the "opposition to telephone canvassing" list, which applies to all professionals with the exception of those with whom the Customer has already concluded a contract. The Customer may oppose telephone canvassing by companies of which he or she is not a consumer by registering on www.bloctel.gouv.fr.
12. ARTICLE 12 - APPLICABLE LAW - DISPUTES - MEDIATION
12.1. These GTC are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction. If the purchaser is a merchant, the courts within the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction.
12.2 In the event of a dispute arising from an order or sale, the Customer may submit a written complaint to Customer Services at serviceclient@offstage.fr.
12.3 For a period of one (1) year, any national or cross-border dispute arising from the validity, interpretation, performance or non-performance, interruption or termination of this Agreement may be submitted to mediation at the request of the Consumer.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, OFFSTAGE subscribes to the FEVAD (Fédération du e-commerce et de la vente à distance) E-Commerce Mediation Service, whose contact details are as follows: Médiateur de la consommation FEVAD, BP 20015- 75362 PARIS CEDEX 8- http://www.mediateurfevad.fr.Après The Customer may make a prior written application to OFFSTAGE's Customer Service Department to contact the Ombudsman for any consumer dispute that has not been resolved. To find out how to contact the Ombudsman, click here.
In accordance with European law (Article 14 of Regulation (EU) No. 524/2013), an Online Dispute Resolution platform has been set up. It facilitates the out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at https://webgate.ec.europa.eu/odr/
12.4 In addition, the Customer always has the option of taking legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any legally competent court.
13. GENERAL
13.1. No forbearance, inaction or inertia on the part of OFFSTAGE shall constitute a waiver of any of its rights under the T&Cs and any such waiver shall only be effective by express declaration.
13.2. In the event that one or more provisions of the Terms and Conditions of Sale are found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13.3. Computerised registers will be kept in our computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Site or by e-mail.
Model withdrawal form
(Complete and return this form and the Order number only if you wish to withdraw from the contract. We recommend that you also specify your order number)
For the attention of OFFSTAGE - 10 place du Général Catroux - 75017 PARIS
E-mail: serviceclient@offstage.fr
Subject RETRACTATION
I hereby notify you of my withdrawal from the contract for the sale of the following product(s): (identification of the Product(s) in respect of which the right of withdrawal is being exercised)
Ordered on (date of order) and/or received on (date of delivery)
Name of the consumer Customer :
Consumer Customer's address :
Signature of the consumer Customer (only in the case of notification of this form on paper)
Date :
For further information, please contact Customer Services at serviceclient@offstage.fr