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Terms of Sales
GENERAL CONSIDERATIONS :
These general conditions of sale apply without restriction or reservation to all online sales offered by ASAP SAS on the website www.getmyasap.com (hereinafter: “the Site” or “asåp”) .
The Site is an e-commerce platform, which allows Internet users (hereinafter: “Buyers”) to acquire personalized portraits and posters in limited editions, offered for sale on the Site (hereinafter: “Products”). ).
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible at any time by a direct link at the bottom of the Site page and at the address https://www.getmyasap.com/terms.
The applicable version of the general conditions is the one that can be viewed online on the Site on the date of the Buyer’s order.
These general conditions of sale prevail over all other general or specific conditions not expressly approved by the company asåp.
These apply when, as a customer, you place an order on www.getmyasap.com and the associated pages of the (“Site”). This Sales Agreement is between you and ASAP SAS (“asåp”). Detailed contact details and additional information about asåp can be found on its website. The conditions are only applicable to you, as a customer placing orders on this sales site.
IDENTITY OF THE SELLER AND CONTACT :
The Site is operated by the company ASAP, SAS, registered with the RCS of Lyon under the number 851 636 464 whose registered office is located at 14 rue Duhamel, 69002 – LYON (hereinafter: “asåp”), which offers the Products on sale.
The asåp company can be contacted at the following coordinates, in particular for any complaint :
14 rue Duhamel
69002 – LYON
Telephone: 06 43 18 92 36
Email address: firstname.lastname@example.org
CONTRACT & ORDER :
TO ORDER ON THIS SITE
The Site is accessible :
- To any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.
- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
asåp products are offered within the limits of available stocks and asåp declines all responsibility for any typing error, presence of inappropriate images on the site, in particular inaccuracies in the description of the product or its technical data sheet, incorrect prices or changed prices (e.g. reflecting supplier price changes or currency fluctuations), inaccurate stock availability information. Also, asåp has the right to correct such errors and to change or update the information at any time.
The site and all of its content remain the property of asåp. The information published on the site is protected, among other things, by intellectual property rights and market laws. This implies that trademarks, trade names, product names, images, graphics, design, layout and product information, services and other content may not be reproduced. or use without the written permission of asåp.
A purchase contract is concluded when asåp has confirmed the Buyer’s order and the Buyer has received the order confirmation by e-mail. For this, asåp recommends keeping the order confirmation email, the information of which will be requested from the Buyer in future exchanges with asåp customer service. He may cancel his order before it is confirmed by asåp. If the order is cancelled, asåp will refund any payment that the Buyer itself or the debit or credit card company may have made.
The acceptance of these general conditions by the Buyer, you, is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. If you do not agree to be bound by these terms and conditions, you must not place an order on the Site.
CUSTOMER DETAILS :
PRICE, FEES & PAYMENT :
When ordering, only the prices indicated on the site are applied. Prices are in euros and include VAT. On the other hand, these do not include the shipping costs and the costs related to bank transactions, indicated separately. The asåp company reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
The full price of the Products is payable when ordering.
Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be offered on the Site at the time of the order. The Buyer guarantees to asåp that he has the necessary authorizations to use the chosen payment method. The asåp company reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to the unpaid amounts from the first presentation of a formal notice by registered letter AR.
DELIVERY & TRANSPORT :
The delivery of the Products ordered on the Site is made to the address indicated when ordering by the Buyer as the “delivery address”.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
Products in stock are usually delivered to you during the range of days indicated on the Site. Unless otherwise agreed (for example in the context of a reservation of out-of-stock items) delivery takes place within a period of 30 working days, upon receipt by the Buyer of the order confirmation issued by asåp. Further information on the delivery of goods and delivery conditions can be found on this page .
The estimated delivery date of the order is indicated in the order confirmation, at the time of purchase and/or payment, as well as on the product detail page. Unless previously decided otherwise and in the event of a delay in delivery of more than 30 working days – and if the Buyer is not responsible for the delay – he has the right, as a customer, to cancel the purchase.
If the package must be collected from a specific relay point, the Buyer is required to collect it before the deadline set out in the order notification. In principle, the Buyer is required to pick up his package in person by presenting a valid identity document as well as the order number. The customer always receives a delivery notification indicating the place and date of collection of his package. The notification can be sent by email, phone call or SMS when the customer has provided their mobile number.
RIGHT OF WITHDRAWAL (VALID ONLY FOR LIMITED EDITIONS) :
The Buyer has a period of 15 days from receipt of his order to notify us of his request for return or exchange by email to email@example.com. Our customer service will tell him what to do.
In the exercise of the consumer’s right of withdrawal, the return costs are the responsibility of the customer, who is also responsible for the condition of the product after having received it, and once returned. The product must be returned within 30 days from the date on which the customer sends his notification of cancellation to asåp. Returned items must be carefully packaged, undamaged and in their original carton. Returns must be made in accordance with the returns procedure detailed by asåp customer service.
Once the asåp company has received the return, the Buyer may choose to: choose a new print run of an equivalent amount or have his order fully reimbursed.
The asåp company shall promptly reimburse the amount of the canceled order, at the latest within 14 days from the date on which asåp receives the Buyer’s notification of withdrawal. The asåp company may, however, defer reimbursement until receipt of the return package or proof of dispatch (postal delivery receipt, for example). Reimbursement will be made via the payment method chosen at the time of the order, unless there is prior agreement or obstacles to this reimbursement.
WHY CAN’T A BUYER RETURN A PERSONALIZED ASÅP ?
Given the personalized nature of the items sold called “asåp personalized”, the 15-day right of withdrawal does not apply to these items. The order of a creation “asåp personalized” is entirely made by hand by us. It therefore becomes a unique and non-reproducible creation in its own right. Your personalized asåp becomes an artist’s work and applies the rights of artistic and digital creation.
Also when ordering that the Buyer of a “personalized asåp” ticks the box relating to the general conditions of sale. It is his duty to consult these before being able to proceed with the creation suite.
The Buyer benefits from the legal guarantees of non-conformity as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the company asåp at the contact details mentioned in the article above named “identity of the seller and contact”. , by indicating the nature of the defect, non-conformity or damage observed and by sending him any useful proof, in particular in the form of photograph(s).
The asåp company will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. The asåp company will bear the costs of this return.
The Products must imperatively be returned to asåp in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms described above cannot be taken into account.
The asåp company will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, asåp will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which asåp will have informed it of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer :
- has a period of 2 years from the delivery of the property to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the consumer code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
ASÅP RESPONSIBILITY :
The asåp company undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, asåp reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, asåp cannot be held responsible for temporary difficulties or impossibilities in accessing the Site resulting from circumstances external to it, force majeure, or even due to telecommunication network disruptions.
The asåp company does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.
The company asåp cannot be held responsible for the non-execution or the delay in the execution of the sales contracts due to circumstances which are external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the existing security means on the market do not allow their eradication, as well as any legal, regulatory or public order obligation imposed by the authorities competent and which would have the effect of substantially modifying these general conditions.
In any case, the liability likely to be incurred by the company asåp hereunder is expressly limited to the only proven direct damages suffered by the Buyers.
INTELLECTUAL PROPERTY :
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by the company asåp within the Site are protected by all applicable intellectual property rights or database producer rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the company asåp are strictly prohibited and may be the subject of legal proceedings.
PERSONAL DATA :
PROHIBITED BEHAVIORS :
Are strictly prohibited :
- Any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site
- All intrusions or attempted intrusions into the systems of the company asåp
- Any misuse of the Site’s system resources
- Any actions likely to impose a disproportionate burden on the infrastructure of the latter
- Any breaches of security and authentication measures
- Any act likely to infringe the financial, commercial or moral rights and interests of the asåp company or the users of its Site
- Any practice diverting the Site for purposes other than those for which it was designed and finally more generally
- Any breach of these general conditions or of the laws and regulations in force
It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
In the event of failure to comply with any of the provisions of this article or more generally, infringements of laws and regulations, asåp reserves the right to take all appropriate measures and initiate any legal action.
CHANGES TO TERMS :
The asåp company reserves the right to modify these general conditions of sale at any time. Any changes to these conditions will be published on the asåp sales site. These modifications will be applicable as soon as you have accepted our general conditions of sale within the framework of a new order or a visit to the site. The asåp company undertakes to inform its customers of any changes within 30 days of their entry into force. However, asåp recommends that its customers consult the site regularly to keep informed of any changes to these General Terms and Conditions of Sale.
APPLICABLE LAW AND JURISDICTION :
These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary.
FOR ANY ADDITIONAL QUESTIONS
You can contact us at
CUSTOMER SERVICE @ GETMYASAP.COM