TERMS AND CONDITIONS
Article #1: Definitions
– ‘ Site ‘ or ‘ service ‘: the site https://www.phygitarsolution.com and all of its pages.
– ‘ Products ‘: all the (immaterial) services or products that can be purchased or subscribed to on the site.
– ‘ Publisher ‘: The person, moral or physical, responsible for the edition and the content of the site.
– ‘ User ‘: The Internet user using the site or one of its Products.
Article #2: Mentions imposed by the law of confidence in the digital economy and purpose of the site
This site is published by POLAP Phygital SASU. The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, are provided in the legal notices of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site’s personal data charter. The site is open and free to all Internet users. The acquisition of a good or a service, or the creation of a member space, or in a more general way the navigation on the site supposes the acceptance, by the Internet user, of the entirety of the present general conditions. , who recognizes by the same fact to have taken full knowledge of it. This acceptance will consist, for the Internet user, tick the box corresponding to the sentence of acceptance of these general conditions, having for example the mention “I acknowledge having read and accepted all the general conditions of the site”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he renounces to contest them in the event of a dispute. The acceptance of these general conditions assumes on the part of the users that they have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
Article #3: Characteristics of the services offered
The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description drawn up by the publisher of the site. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure perfect similarity or that the Service may undergo changes.
The assistance service of this site is accessible by e-mail at the following address: firstname.lastname@example.org or by post to the address indicated in the legal notices, in which case the publisher undertakes to provide an answer. within 7 days.
Article #4: Pricing
The prices appearing in the catalog are prices understood in Euros excluding taxes (HT). POLAP Phygital reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Article #5: Member or user space
The user registered on the site (member) has the possibility of accessing it by connecting using his identifiers (e-mail address defined during registration and password) either directly or by using systems such as third-party connection of social networks. The user is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the member can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in his “my account” section and the user is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the publisher of the site cannot be held responsible for unauthorized access to a user’s account. The creation of a personal space is an essential prerequisite for any subscription or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information. The purpose of data collection is to create a “member account”. This account allows the member to consult the Products subscribed to on the site and the subscriptions he holds. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value. but only informative. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they are only informative in order to ensure efficient management of subscriptions and possible contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the member has knowingly provided erroneous information during his registration and/or creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result.
Article #6: Exemption from liability of the publisher in the context of the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of any nature, the User will not be able to claim damages and will not be able to claim any compensation. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and can in no way give rise to the granting of damages from the site or of its publisher. The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are erroneous or incomplete. The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit by the Internet user to one of these sites causes him harm.
Article #7: Intellectual property rights relating to the elements published on this site
All the elements of this site belong to the publisher or to a third-party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting. Any member who is guilty of infringement would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the publisher of this site or its representative. This site uses elements (images, photographs, content) whose credits go to: Pexels ( https://www.pexels.com/), Artvee ( https://artvee.com/ ), “Icon made by Freepik from https://www.flaticon.com “, Vectors and icons by SVG Repo
Article #8: Trademarks
The trademarks and logos contained in the site are registered by POLAP Phygital, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, distributions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article #9: Limitation of Liability
The publisher of the site, in particular in the process of online sales, is bound only by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of the Service or others. POLAP Phygital can not be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of a total or partial strike or cessation of activity of external services or disasters caused by floods or fires. Regarding the products purchased, the publisher will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise. The choice and subscription to a Product are placed under the sole responsibility of the user. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, the publisher can in no way be held responsible:
Any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the site, or on the contrary from the impossibility of its use ;
A malfunction, unavailability of access, misuse, improper configuration of the user’s computer, or even the use of a browser or mobile terminal that is not used, old (> 3 years) or not updated by the user;
Content of advertisements and other links or external sources accessible by the user from the site.
Article #10: Access to the site
The responsibility of the publisher of the site cannot be engaged due to the technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even incorrect configuration or use of the user’s computer.
Article #11: Account closure
Each member of the site is free to close his account. For this, the member must send an e-mail to the site indicating that he wishes to delete his account or directly from his “my account” space . The recovery of his data by the member is possible under the conditions specified in the section of these general conditions concerning the return of data.
Article #12: Applicable law and mediation
These general conditions are subject to the application of French law. They can be modified at any time by the publisher of the site or his agent. The general conditions applicable to the user are those in force on the day of his subscription to a service on this site. The publisher of the site undertakes to keep the old versions of these general conditions in the event of changes and to send them to any User who requests them.
Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided, of public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
Article #14: Method of subscribing to the service and description of the purchase process
We will define below as “Basket” the immaterial object (for example a page or part of a page of the site) grouping together all the Products selected by the user with a view to a purchase and/or a subscription. As soon as the Internet user considers that he has selected and added to his basket all the products he wishes to buy, he will have the possibility, to validate his order, of accessing a summary page on which the characteristics will be communicated to him (in particular the volume and any options) of the products ordered, as well as their unit price, or the price of the subscription depending on the nature of the pricing of the service. If he wishes to validate his order, the user must tick the box relating to the ratification of these general conditions of sale and click on the validation button. The user will then be required to fill in the fields of an order form by filling in a certain number of personal data concerning him, necessary for the smooth running of the order. As soon as the user has validated this order form, he will be redirected to the online payment interface on which he can make his payment with the means of payment specified in the dedicated section of these general conditions. After a few moments the user will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof.
Article #15: Payment Information
The Internet user can place an order on this site and can pay by credit card. Credit card payments are made through secure transactions provided by an online payment platform provider. Payment is made directly to the bank or payment provider receiving payment from the Client. In the event of payment by check or bank transfer, the delivery periods defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to bring the proof by any means.
Article #16: Provision
The provision of the service (otherwise called its delivery) requires a personalized treatment for each work of art by an operator and therefore a delay. However, this period may not exceed 7 days. Any complaint not made in the rules defined in the dedicated section of these general conditions and within the time limits cannot be taken into account and will release the company POLAP Phygital from any liability vis-à-vis the buyer. Upon receipt of a valid complaint, the company POLAP Phygital will communicate by email to the buyer the terms of reimbursement or modification of the order.
Article #17: Termination
In accordance with article L.221-28 of the Consumer Code, POLAP Phygital providing access to an online tool, with initial and/or regular billing according to the methods specified in the section specifying the conditions of access to the software of these general conditions, the site is eligible for withdrawal, but this cannot lead to the reimbursement of the sum already paid for the period already elapsed. It will therefore be a termination, with cancellation of the contract and therefore of future regulations. The acceptance of these conditions entails the acceptance of the loss, as a result, of the legal right of withdrawal established in the aforementioned article. In the event of a breach by one of the parties (Client or Publisher of the site) to its contractual obligations, the contract may be terminated automatically by the other party after sending a letter of formal notice sent by registered mail with acknowledgment of receipt which has remained without effect. The formal notice will indicate the failure or failures observed. In the event of termination, the Site will inform the Customer of the forthcoming termination of his subscription and the Customer will stop using all access codes to the solutions and application services. The total or partial impossibility of using the Service, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the publisher, except in the case of a proven hidden defect. , non-compliance, defect or exercise of the right of withdrawal. In the event of non-availability of an order or part of an order, the customer has a maximum of six months (from the date of access to the online service) to manifest himself. Beyond this period no complaint will be accepted.
Article #18: Archiving
POLAP Phygital will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article #19: Conditions of access to the solution
This site provides the User with a solution on its server, accessible via the Internet. The various solution programs offered and the corresponding subscription conditions are presented on the site’s offer pages. Depending on the offer chosen, the site will communicate to the user the period of validity of his subscription. The site backs up and secures data. The site grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the solutions, for the duration of the contract and for the whole world. The user may only use the application services and solutions in accordance with his needs and their documentation. Especially, the license relating to the solutions is only granted for the one and only purpose of allowing the user to use the services, to the exclusion of any other purpose. The right of use means the right to represent and implement the application services in accordance with their destination, in SaaS mode (“Software as a Service”, software as a service) via a connection to an electronics communications network. The user may not under any circumstances make the solutions available to a third party, and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. If the site sets up a minimum subscription commitment for certain of its offers, this will be stipulated clearly and distinctly on the offer page and during the subscription process.
Article #20: Payment
The different solution programs offered and their corresponding subscription prices are presented on the site’s offers or prices pages.
The site specifies on these pages if the invoicing is by the period (by the day, by the month, by the year, any period started being due, unless otherwise indicated, by the customer), or fixed according to a level of use. resources (any resource unit started being due, unless otherwise specified, by the customer), or any other access route, specified on this said page.
Unless otherwise specified when subscribing to the service, the invoicing method that applies is as follows: Compulsory monthly or annual subscription then payment by product individually or in packs. The method of invoicing is also specified on the pages of offers or prices of the site, or failing that in the section concerning the conditions of access to the solution of these general conditions.
In the event of direct debit, the site will specify to the customer in the payment interface the date of the direct debit, and its amount, as well as the frequency, which may depend on each customer.
Available means of payment are listed at: Getting Started
Article #21: Case of ordering Business Cards
The Customer accepts the price displayed and the quantity indicated on the order page. The Customer gives full power to POLAP Phygital to proceed in its name with the final order with a third-party printer of our choice. The customer undertakes to provide a valid physical delivery address for the correct receipt of the printed products.
By subrogation, the T&Cs of this third party apply concerning all processing methods and in particular with regard to delivery times (up to 30 days). Articles 6 and 9 of these T&Cs apply here and in particular in the event of default or failure of this third party. No compensation or penalty for delay may be demanded.
The Customer enters the characteristics he wishes for his business cards in the fields provided for this purpose during the ordering process. No compensation of any kind whatsoever will be accepted by POLAP Phygital in the event of a difference in interpretation of the final appearance of the business cards.
No withdrawal or return period will be accepted in this case of totally personalized and made-to-order products.
Article #22: Digital broadcasting rights and intellectual property of artworks
The Customer, whether as an art professional or as an artist, expressly authorizes the Publisher to digitalize, preserve, store, copy, modify and distribute to any User without limitation, either geographically or in duration, all photos or images of artworks for which an order for a Product was made on the Site by the Customer.
In addition, the Customer undertakes to be duly authorized by the artists and/or their rights holders to digitalize their artworks by the Publisher, including their computer hosting on third-party servers as well as their digital distribution to all Users without any limitation (geographic, quantity, duration).
The Publisher cannot under any circumstances be held responsible for any claim from the holders of the intellectual property of the artworks (or their beneficiaries or right holders) concerning their digital broadcasting. No request to delete any digital copies of artworks circulating on the internet outside the Site may be required. Furthermore, the Publisher cannot be held responsible for the use made by third parties or any people of these digital copies.
Article #23: Return of data
In the event of termination of the contractual relationship, whatever the cause, the publisher of the site undertakes to destroy or return, at the Customer’s choice, at the first request of the latter by registered letter with acknowledgment reception, all of the data belonging to it in a standard format readable without difficulty in an equivalent environment; possibly the precise format of the data may be specified during exchanges between the site and the customer. The customer will actively collaborate with the site in order to facilitate the recovery of the data. The site will ensure that the customer can continue to use the data, without interruption, directly or with the assistance of another service provider.
Article #24: Framework of conditions
If any provision of these Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These present conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself. A printed version of the Terms and Conditions and any notices given in electronic form may be required in legal or administrative proceedings relating to the Terms and Conditions.
Article #25: Notices
Any notification or opinion concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service which makes it possible to regularly follow its packages, or by email to the addresses indicated in the legal notices of the site, specifying your surnames, first names, contact details and subject of the notice.
Article #26: Inaccuracies
It may be possible that there are, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the general conditions, the legal notices or the charter. of personal data. In addition, it is possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We make every effort to ensure that these types of discrepancies are corrected. In the event that such a situation escapes us, please contact us by post or by email at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For requests relating to copyright, please refer to the section on intellectual property.
Article #27: Complaints
Any complaint related to the use of the site, its services or any other related service, the pages of the site on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days of the date of origin of the problem giving rise to the claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.
All rights reserved – September 19, 2023