Français Updated March 25, 2023
General conditions of sale
Preamble
These general conditions of sale govern the contractual relationship between:
the funkymatic.com website, represented by its publisher Fabrice Coffy, whose head office is located at 23 boulevard Éric Tabarly in Villeneuve Loubet, hereinafter referred to as "The Seller".
And, any natural or legal person who places an order on the Seller's website, hereinafter referred to as "the Buyer".
These general conditions of sale apply in the context of the online sale of digital products and services offered by the Seller (hereinafter referred to as "Services") to the Buyer on the site internet funkymatic.com (hereinafter referred to as “the Site”).
Article 1 – Acceptance
These general conditions of sale, applicable as soon as they are posted online, detail all the obligations of the parties: the Buyer is deemed to accept them without reservation.
The Seller and the Buyer agree that these general conditions of sale exclusively govern their relationship.
The Seller reserves the right to modify the general conditions of sale, if this is the case, the date of publication will be updated so that the Buyer can validate a purchase in full knowledge of the facts.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sector of distance selling of intangible goods whose companies are headquartered in France.
Any order placed online on the Site implies acceptance and full acceptance of these general conditions of sale.
Article 2 – Object of the sale
The buyer is free to use the images acquired through the Services of the site for personal, professional and commercial use, in compliance with the clauses of article 8.
The Site sells image processing and creation Services and intangible goods in the form of downloadable files. These files are images in digital form.
They can be downloaded to the Buyer's computer in the form of JPG or WebP documents, or ZIP files.
DIGITAL DOWNLOAD – NO PHYSICAL PRINT WILL BE SENT TO YOU
The sale price to be able to benefit from one of the Image Transformation Services and to download the resulting file is displayed on the Site, the Buyer can thus make a purchase by being informed of the price.
The sale price is displayed on the Site in Euros. This price is inclusive of VAT (VAT not applicable, art. 293 B of the CGI).
The Seller reserves the right to modify at any time the price of a service offered for sale on the Site.
The Site will not offer any price reduction and it will not make any refund in the event of price reduction or promotional offer subsequent to the purchase.
Seller reserves the right, but is not obligated, to limit the sale of its products or Services to any particular person, geographic region or jurisdiction. We allow ourselves to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on the Site is void where prohibited by law.
Due to the artistic purpose of the Services, the Seller does not guarantee that the quality of the Services purchased on the Site will meet the expectations of the Buyer. The Seller will however do its best to satisfy the Buyer.
Article 3 – Electronic signature
The Buyer's acceptance of the phrase "I agree to the terms and conditions and the privacy policy." and clicking on the "Place order" button constitutes an electronic signature, under the order form, which has between the parties the same value as a handwritten signature.
Article 4 – Proof of the transaction
The data recorded in the Seller's computer system, the Seller's computerized registers, emails, constitute proof of all transactions, communications, orders and payments concluded between the parties.
Article 5 – Means of payment
Payments for the Buyer's purchases will be made through the company Stripe. Payment must be made by an adult who has read and accepted these General Conditions of Sale.
Article 6 – Right of withdrawal
Under the European Directive 2011/83/EU, there are exceptions where the consumer (i.e. the Buyer) cannot exercise his right of withdrawal when selling via a website.
This exception may apply to funkymatic.com since the Site sells digital content that is not provided on a physical medium.
From the moment the contract begins to be executed, i.e. following the payment of a file, he waives his right of withdrawal and therefore he loses his right of withdrawal since the property is " consumed", the sale is therefore firm and final.
All files are high resolution (300 dpi) in RGB color mode, allowing for high quality printing.
For example, for a 2:3 format which is the traditional photographic format, we deliver a file of 6144 pixels by 9216pixels, i.e. more than 56 megapixels, which allows you to print in 300 dpi up to the format 52 cm by 78 cm and in 150 dpi in 104 cm by 156 cm.
Article 7 – Delivery
The object of the sale is an intangible good. The delivery of the goods occurs when the Buyer has access to downloading his document.
In the event of a complaint or difficulty in downloading a file, the Buyer may contact us by email or via the contact form on the Site, by contacting customer service directly.
Article 8 – Buyer's Obligations
The Buyer who downloads a document on the site undertakes not to violate copyrights.
The Buyer is prohibited from using the Site, its content and its Services:
- For any unlawful purpose;
- To induce others to perform or participate in any unlawful acts;
- In any way that violates any applicable national, federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
The Seller reserves the right to terminate the use of the Site and its Services for having violated the prohibitions on use.
The Buyer undertakes to save by his own means the files downloaded via funkymatic.com. The Seller reserves the right to remove a file from the Site without notice and without this resulting in any compensation to the Buyer. We therefore advise the Buyer who has downloaded a file to make a backup or to print a paper version so that he can keep it.
Article 9 – Hypertext links
Hypertext links may refer to sites other than the Seller's Site. The Seller disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Article 10 – Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. The language of this contract is French (this page is only the translation).
In the event of a dispute or complaint, the Buyer will first contact the Seller to obtain an amicable solution.
Failing this, the Buyer may initiate proceedings before the Commercial Court of Nice, the location of the Seller's registered office.