Terms of sale
Definitions The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") are offered by DecouvreBitcoin SAS, with a capital of 5000 €, a company registered at 904 364 445 RCS de lille metropole under the number, whose registered office is located at 6 rue louis neel, 59260 lezennes (hereinafter "DecouvreBitcoin"). Hereinafter referred to as:
- "Site": the website https://planb.network and all its pages.
- "Products" or "Services": all the products (hardware) and services (services) that can be purchased or subscribed to on the Site.
- "Seller": DecouvreBitcoin, a legal or physical person, offering its Products or Services on the Site.
- "Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
- "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that are outside the scope of his commercial, industrial, craft, or liberal activity".
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these GTC, to print them and/or to save them on a durable medium, before proceeding with an order on the Site. The Client acknowledges having read the GTC and accepts them fully and without reservation.
Article 1 - Application of the GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version of these on the Site. The GTC applicable to the Client are those in force on the day of their order on the Site.
Legal information concerning the host and the publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general conditions of use, the legal notices, and the data charter of the present Site.
The present Site offers online sales of Products associated with the use and study of Bitcoin such as books, training, online seminars, 3D printing objects, posters, clothing, security keys, electronic equipment, stickers, crests, certificates, boxes, bags, etc. The Site is freely and openly accessible to all Clients. The purchase of a Product or Service implies the Client's acceptance of the entirety of these General Terms and Conditions of Sale (CGV), acknowledging thereby to have fully understood them. This acceptance may consist, for example, for the Client, of ticking the box corresponding to the acceptance statement of these CGV, which may read "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.
The acceptance of these CGV assumes that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare to have the authorization of a guardian, curator, or their legal representative. The Client recognizes the proof value of the Seller's automatic registration systems and, unless they provide proof to the contrary, renounces to dispute them in case of litigation.
The Publisher makes available to the Client, on its Site, a privacy charter specifying all the information related to the use of the Client's personal data collected by the Publisher and the rights the Client has concerning these personal data. The data privacy policy is part of the CGV. Therefore, accepting these CGV implies the acceptance of the data privacy policy.
Article 2 - Creation of a client account
The creation of a "client account" is a prerequisite for any order placed by the Client on this Site. To this end, the Client will be asked to provide a number of personal details such as their first and last name, email address, postal address, and telephone number, this list is not exhaustive. As such, the Client commits to providing accurate information. The Client is responsible for updating their data. Therefore, they must notify the Seller immediately in case of any changes. The Client is solely responsible for the truthfulness, accuracy, and relevance of the data provided.
The Client registered on the Site has the option to access it by logging in with their identifiers (email address defined at the time of registration and password) or possibly by using systems such as third-party social network login buttons. The Client is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. In case of forgetting the password, the Client has the option to generate a new one. This password ensures the confidentiality of the information contained in their "my account" section, and therefore the Client is prohibited from transmitting or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Client's account. The customer account allows the Customer to view all their orders placed on the Site. Should the data contained in the customer account section disappear due to a technical failure or a force majeure event, the Seller cannot be held liable, as this information has no probative value but is merely informative. The pages related to the customer account can be freely printed by the account holder but do not constitute proof; they are purely informative and intended to ensure efficient management of their orders or contributions by the Customer. Each Customer is free to close their account on the Site. To do this, they must send an email to the Seller indicating that they wish to delete their account. No recovery of their data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these General Terms and Conditions of Sale (GTC), including but not limited to, when the Customer has knowingly provided false information during their registration and the creation of their personal space, or any account that has been inactive for at least one year. Such deletion will not be considered a damage to the Customer who will not be entitled to any compensation as a result. This exclusion does not preclude the possibility for the Seller to undertake judicial proceedings against the Customer, when the facts have justified it.
Article 3 - Subscription modalities for orders and description of the purchasing process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered subject to stock availability. Each Product comes with a description prepared by the Seller based on descriptions provided by the supplier. The photographs or curriculum of the Products in the catalog reflect a true image of the Products and Services offered but are not binding as they cannot ensure a perfect similarity with the physical Products. Hereinafter, the term "Basket" refers to the intangible object that groups together all the Products or Services selected by the Customer of the Site for purchase by clicking on these items. To proceed with their order, the Customer chooses the Product(s) they wish to order by adding them to their "Basket," the contents of which can be modified at any time.
Once the Customer believes they have selected and added to their basket all the Products they wish to purchase, they will have the option, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which the number and characteristics of the Products ordered, as well as their unit price, will be communicated to them. If the Customer wishes to validate their order, they must check the box pertaining to the ratification of these General Terms and Conditions of Sale (CGV) and click on the validation button. The Customer will then be redirected to a page where they must fill in the order form fields. In this case, they must provide a number of personal data concerning them, necessary for the smooth processing of the order. All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until its validation.
As soon as the Customer has filled in the form, they will then be invited to make their payment using the payment methods listed in the section of these CGV relating to payments. After a few moments, the Customer will receive an email confirmation of the order, reminding them of the order's content and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Prices and Payment Methods
Unless stated otherwise, the prices listed in the catalog are prices understood in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
DecouvreBitcoin reserves the right at any time to modify its prices and to reflect, if applicable, any change in the current VAT rate on the price of the Products or Services offered on the Site. However, the price listed in the catalog on the day of the order will be the only one applicable to the Customer. The Customer can place an order on this Site and can make their payment by Bitcoin, credit card. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data related to the Customer's payment methods. The payment is made directly into the hands of the bank or the payment provider receiving the payment from the Customer. In case of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these CGV will not start until the date of effective receipt of payment by the Seller, the latter being able to provide proof by all means. The availability of the Products is indicated on the Site, in the descriptive sheet of each Product.
DecouvreBitcoin will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of the communications, orders, payments, and transactions occurred between the parties.
Article 5 - Deliveries
Delivery charges will be indicated to the Customer before any payment and only apply to deliveries made in the European Zone. For any other delivery location, it is up to the Customer to contact customer service.
In the case of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be physically unable to provide accurate information on the total amount of fees related to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
The Customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged package, broken Products...); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. Failing to comply with these instructions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to comply with the Customer's request to exercise the right of refusal.
If the Customer's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask what they wish to do with their order. If the Customer mistakenly refused the package, they can request its reshipment by first paying the postage fees for the new shipment. Postage fees must be paid even for orders where shipping was offered at the time of the order. In the event of a delivery error or exchange (if the right of withdrawal is applicable, that is if the Customer is a Consumer and the contract made to acquire the Product or Service allows for withdrawal, according to article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a false maneuver by the Customer cannot be attributed to the Seller. Any delivery delay compared to the date or timeframe indicated to the Consumer Customer at the time of their order, or, in the absence of a date or timeframe during the order, exceeding thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Consumer Customer, upon their written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he has not complied. The Consumer Customer will then be refunded, at the latest within fourteen (14) days following the date on which the contract was denounced, of all the sums paid. This clause is not intended to apply if the delivery delay is due to a force majeure event.
Article 6 - Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of their order or the conclusion of the contract for service provisions, to withdraw. They will be required to return any Product that does not suit them and request an exchange or refund without penalty, except for the return costs, within fourteen days from the receipt by DecouvreBitcoin of the refund request.
The Product must necessarily be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be addressed to DecouvreBitcoin. It is understood that the Customer will bear the costs of returning the Product in case of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by Post.
If the preceding obligations are not fulfilled, the Customer will lose their right of withdrawal and the Product will be returned to them at their expense. It is recommended that the Customer returns the package using a solution that allows for tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an inquiry with postal services to locate it.
The refund will be made using the same payment method that the Customer used for the original transaction, unless the Customer expressly agrees for the Seller to use a different payment method, and provided that the refund does not incur any fees for the Customer. In cases where the original transaction was made in a currency other than the EURO or involves a virtual currency such as Bitcoin, the refund will be made in the equivalent initial amount in EURO, calculated according to the official exchange rate in effect on the date of the original transaction. This ensures that the Customer is refunded the exact amount in EURO spent during the purchase, regardless of any fluctuation in the currency or virtual currency between the transaction date and the refund date. The Seller also reserves the right to delay the refund until the Product is received or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not previously taken place.
In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer's liability may be engaged.
In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site: Withdrawal Form (Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of DecouvreBitcoin SAS, 6 rue louis neel, 59260, Lezennes I/we () hereby notify/notifies () my/our () withdrawal from the contract for the sale of the good(s) ()/for the provision of services () below: Ordered on ()/received on (): Name of the Customer(s): Address of the Customer(s): Signature of the Customer(s) (only if notifying using this paper form): Date: () Strike out what is not applicable. Article 7 - Product Warranty Legal provisions to reproduce When acting under the legal warranty of conformity, the consumer benefits from a two-year period from the delivery of the goods to take action; they can choose between the repair or replacement of the goods, subject to the cost conditions provided by Article L.217-9 of the Consumer Code; except for second-hand goods, they are exempt from proving the existence of the conformity defect of the goods during the six months following the delivery of the goods, a period extended to 24 months from March 18, 2016. The legal warranty of conformity applies regardless of any commercial warranty that may have been granted.
The consumer may decide to implement the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of implementing this warranty, the buyer has the choice between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect. The postponement, suspension, or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day of the right's inception in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal warranties, provided by the Civil Code:
Legal Warranty of Conformity
According to Articles L.217-4 and following of the Consumer Code, the Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to address any conformity defects existing at the time of the Product's delivery. The warranty of conformity can be exercised if a defect existed on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order took place before March 18, 2016, or if the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller can contest this presumption if it is not compatible with the nature of the [Product] or the claimed conformity defect". On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016, or if the product is sold second-hand), it will be up to the Client to prove that the defect indeed existed at the time of taking possession of the Product. In accordance with Article L.217-9 of the Consumer Code: "in case of non-conformity, the buyer has the choice between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other modality, taking into account the value of the good or the significance of the defect. In such cases, unless it is impossible, the seller is obliged to proceed with the modality not chosen by the buyer." Legal warranty against hidden defects According to Articles 1641 to 1649 of the Civil Code, the Client may request the exercise of the warranty for hidden defects if the defects were not apparent at the time of purchase, were present before the purchase (and thus not a result of the normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it was intended, or reduce such use to an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had they been aware of the defect).
Claims, requests for exchange, or refund for a non-conforming Product must be made by postal mail or email to the addresses indicated in the legal notices of the site.
In case of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Client will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including the return shipping costs of the Product) are then borne by the Seller.
Article 8 - Customer Service
The customer service of this Site is accessible by email at the following address [email protected] or by postal mail at the address indicated in the legal notices.
Article 9 - Liability
The Seller DecouvreBitcoin cannot be held responsible for the non-execution of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages as a result of this, including loss of business, loss of profit, damages, or expenses that may occur. The choice and purchase of a Product or Service are placed under the sole responsibility of the Client. The total or partial inability to use the Products, especially due to hardware incompatibility, cannot lead to any compensation, refund, or questioning of the Seller's responsibility, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, that is if the Client is not a Consumer Client and the contract made to acquire the Product or Service allows for withdrawal, according to article L 221-18 and following of the Consumer Code.
The Client expressly admits to using the Site at their own risk and under their exclusive responsibility. The Site provides the Client with information for indicative purposes, with imperfections, errors, omissions, inaccuracies, and other ambivalences that may exist. In any case, DecouvreBitcoin cannot be held responsible for: • any direct or indirect damage, especially regarding profit losses, loss of earnings, loss of clientele, data losses that may result among others from the use of the Site, or on the contrary from the impossibility of its use; • a malfunction, an unavailability of access, improper use, a bad configuration of the Client's computer, or even the use of a browser rarely used by the Client; • the content of advertisements and other links or external sources accessible by the Clients from the Site. The photographs and visuals of the Products presented on the Site are not contractual, therefore the Seller's responsibility cannot be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete. Article 10 - Intellectual Property Rights All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners. Any reproduction, representation, adaptation of logos, textual content, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Client found guilty of counterfeiting could have their account deleted without notice or compensation and without this deletion constituting damage, without prejudice to possible subsequent legal proceedings against them, at the initiative of the Seller or their agent.
The trademarks and logos contained in the Site may be registered by DecouvreBitcoin, or possibly by one of its partners. Any person carrying out their representations, reproductions, embeddings, broadcasts, and rebroadcasts incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 11 - Independence of Clauses
If a provision of the General Terms and Conditions of Sale (CGV) is deemed illegal, null, or for any other reason unenforceable, then this provision shall be deemed severable from the CGV and will not affect the validity and applicability of the remaining provisions.
These present CGV replace all prior or contemporary written or oral agreements. The CGV are not assignable, transferable, or sub-licensable by the Client themselves. A printed version of the CGV and of all notices given in electronic form can be requested in judicial or administrative proceedings related to the CGV. The parties agree that all correspondence relating to these CGV must be written in the French language. Article 12 - Applicable Law and Mediation
The present CGV are governed by and subject to French law. Except for provisions of public order, all disputes that may arise in the execution of these CGV may, before any judicial action, be submitted to the assessment of the Site Editor for an amicable settlement.
It is expressly reminded that requests for amicable settlement do not suspend the deadlines opened for initiating legal actions. Except for contrary provision of public order, any legal action related to the execution of these CGV must be submitted to the jurisdiction of the courts within the jurisdiction of the defendant's place of residence. Consumer Mediation
According to Article L.612-1 of the Consumer Code, it is reminded that "every consumer has the right to make free use of a consumer mediator for the amicable resolution of a dispute that opposes them to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation mechanism". As such, DecouvreBitcoin offers its Consumer Clients, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- APPROVED CONSUMER MEDIATOR - DEVIGNY MEDIATION - [email protected] - https://www.devignymediation.fr/consommateurs.php
It is reminded that mediation is not mandatory but only proposed in order to resolve disputes without resorting to justice. All rights reserved - February 15, 2024