Under these General Terms and Conditions of Sale (hereinafter the " GTC "All of the following capitalised terms have the following meaning and are to be understood in both the singular and plural:
VIP Club Subscription: subscription taken out by the Customer allowing him to benefit from the Services for a fixed monthly price;
D.A.M : DIGITAL ASSETS MANAGEMENT, a simplified joint stock company with a capital of 100 euros, whose registered office is located at 10 Avenue des Alouettes, 33320 Eysines, registered in the Bordeaux Trade and Companies Register under number 843 938 085, intra-community VAT number FR 01 843938085 ;
Customer: any person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity who connects to THE SITE in order to subscribe to the VIP Club Membership and/or purchase a Product;
Order: Order by a Customer of the VIP Club Subscription and/or of a Product offered for sale on THE SITE;
Data: Any element (information, texts, photographs, messages, etc.) collected by the user and implemented by him/her within the Site and the Services through his/her use;
Personal data: Refers to any information relating to an identified or identifiable natural or legal person; an "identifiable natural or legal person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
Ebook(s): Digital book containing a work of the mind, not of a commercial or advertising nature, downloadable from THE SITE by means of the VIP Club Subscription.
Functionality: Each element implemented, accessible and usable within the Site and Services;
Delivery: Provision to the Customer of the Product ordered on THE SITE;
Means of Access: Methods and/or functions by which a Customer may access the Site and/or one or more Services in order to use them for his own purposes;
Operator: Company which operates the various electronic telecommunications networks necessary for access to and use of the Site and Services;
Parties: Parties who have accepted and agreed to the GTC and the obligations contained therein;
Product : Products from the gift shop available on the catalogue page.
Price: Price indicated on THE SITE for a Product and for the VIP Club Subscription;
Services: All the services of the VIP Club Subscription made available to the Client by D.A.M;
Site: THE D.A.M SITE allowing the Customer to access the VIP Club Subscription and/or the sale of Products;
Third parties: Refers to natural or legal persons who are not linked by common ownership or control to D.A.M or other individuals who are not related to D.A.M and/or the Client.
2. PURPOSE OF THE GCV
The purpose of these GTC is to define the terms and conditions under which the Customer may subscribe to the VIP Club Membership and/or purchase Products on THE SITE.
For any request for information or contact, the Client is invited to contact D.A.M at the following address: by telephone : +33 9 71 07 88 62
(Monday to Friday from 9 am to 6 pm, UTC+2) or by e-mail : firstname.lastname@example.org.
3. ACCEPTANCE OF THE GCVS
The Customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose when placing an Order. By placing an Order, the Customer accepts these GTC without restriction or reservation. The GTC are available on THE WEBSITE at any time.
4. MODIFICATION OF THE GCV
These GTC may be modified at any time by D.A.M. Any modification of the GTC is the subject of a notice to the Client on THE SITE.
The GTC applicable to the Customer shall be those in force on the day the Order was placed, and any new Order placed shall imply acceptance of the new GTC applicable on the day of the new Order.
5. VIP CLUB MEMBERSHIP SERVICES
By subscribing to the VIP Club Membership when placing an Order on THE SITE, the Customer expressly agrees to benefit from the VIP Club Membership Services.
Through the Services, the Customer has access to Ebook(s) downloadable from THE SITE.
The Ebooks cover various categories:
The Services also include private sales available on THE SITE offering preferential prices using a promotional code sent by e-mail to the Customer, as well as free shipping for the Order of Products purchased on THE SITE.
In order to benefit from the Services, the Customer must enter the e-mail address linked to his/her membership and his/her promotional code received by e-mail when placing Orders on THE SITE.
Membership of the VIP Club Subscription is invoiced at 24.56 euros per month, including VAT, with automatic monthly payment by credit card.
The Customer may terminate the VIP Club Subscription at any time, directly on THE WEBSITE by going to the "Unsubscribe" section, or by contacting the customer service department using the contact details mentioned in article 2 of the GTC.
The VIP Club Membership will then be terminated immediately and no further monthly payments will be taken.
The Products offered for sale on THE SITE are available on the catalogue page.
The main characteristics of the Products are presented on THE WEBSITE, which the Customer is required to read before placing an Order.
The prices of the VIP Club Subscription and the Products appear on THE SITE and are expressed in euros and include all taxes.
The price of the VIP Club Subscription is 24.56 euros per month, including VAT, with automatic monthly payment by credit card.
The Prices of the Products do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on THE WEBSITE and calculated before the Order is placed. Customs duties or other local or import taxes may be payable. These costs and duties shall be borne by the Client and are the Client's responsibility.
The Prices of the Products may be modified at any time on THE SITE. The applicable Price for the Products concerned corresponds to the price in force at the time the Order is registered.
If the Customer is entitled to a discount or promotion code, it is the Customer's responsibility to indicate this in the appropriate section during the Order process. It will not be possible to indicate a promotional code or to benefit from a discount offer once the Order has been validated.
The Customer is guided throughout the Order placement process by a series of simple instructions displayed on THE SITE.
The Customer can order the VIP Club Membership by clicking on "subscribe" on the https://www.edeal.store/espace-vip/ or by selecting the "package" including the selected Product and the VIP Club Membership in the Product Ordering process and then clicking on "order". The Customer may delete the VIP Club Membership selection before validating the Order and accepting the GTC.
The Customer may order Products on THE SITE by clicking on "order" and "add to basket". The Customer may delete or modify the selected Product before validating the Order and accepting the GTC.
Confirmation of the Order by clicking on "Confirm Payment" for the Customer.
An Order is paid for by secure payment, i.e. by payment or credit card: (MasterCard®, Visa®, American Express®, Maestro® [previously Switch], Visa Electron®, Visa Delta®, Carte Bleue and Bank Card). Payments by cash or cheque are not accepted.
If the Customer has a promotion or discount code, it must be entered during the Order confirmation process to be valid.
An e-mail acknowledging receipt of the Order and summarising the information contained therein will be sent to the address provided by the Customer once the Order has been placed.
Product offers are valid while stocks last, in accordance with the information available on THE WEBSITE and when the Order is placed.
D.A.M reserves the right to refuse any Order without any right to compensation for the Client concerned if it is abnormal or for any other legitimate reason.
The Products shall be delivered within 30 days of the Order being placed, to the address indicated by the Client during the Order process.
The delivery time includes the time required to prepare and dispatch the Order.
In accordance with the applicable provisions, in the event of a delay in delivery, the Customer benefits from the possibility of cancelling the contract under the conditions provided for in articles L. 216-2, L. 216-4 and L. 241-4 of the Consumer Code. In this case, the Customer shall be reimbursed for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.
The risk of loss or damage to the Products shall pass to the Customer at the time he/she takes physical possession of the Products covered by the Order.
10. WITHDRAWAL PERIOD
The Customer has the right to withdraw from the Order without giving any reason within fourteen (14) days:
To exercise his right of withdrawal, the Customer must notify us of his decision to withdraw by sending the withdrawal form attached to the GTC or any other unambiguous statement expressing his wish to withdraw:
The Customer must return the Product within a period not exceeding fourteen (14) days following the communication of his decision to withdraw.
In the event of withdrawal by the Customer in accordance with the above procedures, the Customer will be reimbursed for payments made, including delivery costs, without undue delay and in any event within fourteen (14) days at the latest:
The price of the returned Product will be fully refunded to the Customer. In case of withdrawal of the VIP Club Membership, the Customer will be fully refunded.
The refund will be made using the same method of payment as the one used by the Customer for the Order. The cost of returning the Product shall be borne by the Customer.
You shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The Customer expressly acknowledges that the above right of withdrawal cannot be exercised for :
11. LIABILITY AND GUARANTEES
DAM is automatically responsible to the Client for the proper performance of the obligations resulting from the GTC and any Order. However, D.A.M shall be exempt from all or part of its liability if it can prove that the non-performance or poor performance of the GTC and/or any Order is attributable either to the Client, or to the unforeseeable and insurmountable act of a Third Party, or to an event of force majeure.
Information on legal guarantees:
D.A.M is liable for defects in the conformity of the goods with the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions set out in the articles 1641 and following of the Civil Code.
Article L217-4 of the Consumer Code: " The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L217-5 of the Consumer Code: " The property is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular 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 seller's attention and accepted by the latter. "
Article L217-12 of the Consumer Code: " The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Article 1641 of the Civil Code:
" The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code:
" The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "
Article L217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the goods in question are made available for repair, if the goods are made available after the request for intervention. "
The Customer may exercise these guarantees by addressing his request to :
When the Customer acts under the legal guarantee of conformity, he :
12. DESCRIPTION AND ACCESS TO THE SITE
D.A.M provides a Site allowing the Client to join the VIP Club Subscription and, where applicable, to purchase Products. THE SITE allows each Client to access the description of all the Products offered for sale.
Simply accessing the Site and placing an Order does not require an access code or identifiers.
THE SITE is accessible and usable twenty-four hours a day (24 hours a day) and seven days a week (7 days a week) provided that you have a computer terminal capable of connecting to the Internet and an Internet access.
THE SITE is accessible free of charge to any Client with Internet access. All costs relating to access to the Site and, where applicable, to the Services, whether hardware, software or Internet access costs, are exclusively borne by the Customer. The Customer is solely responsible for the proper functioning of his computer equipment and his access to the Internet.
D.A.M uses all reasonable means at its disposal to ensure quality access to the Site and, where applicable, to the Services.
Moreover, D.A.M cannot be held responsible for any malfunctioning of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Site and, where applicable, to the Services.
D.A.M reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure maintenance, or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.
13. PERSONAL DATA
The Customer is informed that the collection of his or her Personal Data is necessary for the Order of the VIP Club Subscription and/or the Products and/or the Services as well as for their transmission to third parties for the purpose of delivering the Products. This Personal Data is collected solely for the execution of the Order and the GTC.
The Customer is hereby informed that he/she is required to provide the data listed below and that failure to provide such data may result in the impossibility of executing the Order and the GTC.
Responsible for the processing of personal data :
The person responsible for processing Personal Data is DIGITAL ASSETS MANAGEMENT, a simplified joint stock company with a capital of 100 euros, whose registered office is located at 10 Avenue des Alouettes, 33320 Eysines, registered in the Bordeaux Trade and Companies Register under the number 843 938 085, email@example.com, within the meaning of the French Data Protection Act and Regulation 2016/679 on the protection of personal data
Limitation of treatment :
Unless the Customer expressly agrees, his or her Personal Data will not be used for advertising or marketing purposes.
Collection of personal data :
The Personal Data that are collected on THE SITE are the following:
When ordering the VIP Club Membership and/or Products by the Customer: First name, Last name, Email address, Postal address, Telephone number.
When paying for the VIP Club Subscription and/or the Products offered on THE SITE, the SITE records financial data relating to the Client's bank account or credit card.
Recipients of personal data :
The Personal Data are used by D.A.M and its co-contractors for the execution of the Order and the GTC and to ensure the efficiency of the sale and delivery of the Products and/or Services.
The category(ies) of co-contractor(s) is (are) : The suppliers of the Products and the transport providers.
Duration of data retention
D.A.M will keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
Security and privacy
D.A.M implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and D.A.M cannot guarantee the security of the transmission or storage of information on the Internet.
Enforcement of Client and user rights
In application of the regulations applicable to personal data, Customers and users of the Site have the following rights:
They can update or delete their data in the following ways:
They may delete their account by writing by post or e-mail to the Data Controller whose contact details are given above. They may exercise their right of access to know the Personal Data concerning them by writing by post or by e-mail to the Data Controller whose contact details are indicated above. If the Personal Data held by D.A.M. is inaccurate, they may request that the information be updated by writing by post or by e-mail to the Data Controller whose contact details are given above. They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing by post or by e-mail to the Data Controller whose contact details are given above. They may also request the portability of data held by D.A.M to another service provider.
Finally, they may object to the processing of their data by D.A.M. These rights, if they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.
The Data Controller must provide a response within a maximum of one month. If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from D.A.M. He will always have the possibility of withdrawing his agreement at any time by contacting D.A.M. whose contact details are given above or by following the unsubscribe link.
Do not call list :
If your telephone number is collected when creating your account or placing your Order, we inform you that your telephone details will only be used for the proper execution of your orders or to contact you in order to offer you new services. In accordance with the legal provisions, you are informed that you can, if you wish, register on the list of opposition to telephone solicitation. You can register free of charge on this list, which is compulsory for all professionals except those with whom you have already concluded a contract.
THE SITE is subject to an SSL encryption process.
The payment data is exchanged in encrypted mode according to a protocol defined by the approved payment service provider involved in the banking transactions carried out on THE SITE.
15. COMMITMENTS OF THE CLIENT
The Client declares that the information he/she transmits to D.A.M is accurate and sincere. Any inaccuracy in the Client's declarations is likely to engage his responsibility.
Membership of the VIP Club Subscription, the Services and the purchase of Products are reserved for persons of legal age and capacity. The Customer therefore guarantees that he/she is of age and has legal capacity.
The Customer agrees not to use the Products, VIP Club Membership and/or Services for any commercial or resale purposes.
16. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.
These GTC are written in the French language.
18. APPLICABLE LAW
These GTC are governed by French law.
19. CLAIMS AND AMICABLE SETTLEMENT OF DISPUTES
In order to settle disputes, we invite the Customer to first send us a written complaint:
In accordance with articles L 611-1 et seq. of the French Consumer Code, any dispute or litigation known as a consumer dispute may be settled amicably by mediation with a consumer mediator.
The mediator chosen by the professional, LMConso, is currently awaiting validation of his accreditation by the CECMC (Commission d'évaluation et de contrôle de la médiation de la consommation). The contact details of the mediator will be updated as soon as he is registered on the list of consumer mediators established in accordance with Article L. 615-1 of the Consumer Code. Consumers who do not wish to wait for the listing of the mediator may refer the matter to a court conciliator: https://www.service-public.fr/particuliers/vosdroits/F1736
The Customer is also informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.
You may, at your own expense, be assisted by a lawyer.
20. COMPETENT JURISDICTION
All disputes to which these GTC may give rise, concerning their validity, interpretation, execution, resolution, their consequences and their consequences, and which have not been settled amicably or by mediation, shall be submitted to the competent court under the conditions of common law.
Annex - Withdrawal form
Please complete and return this form only if you wish to withdraw from your Order:
To the attention of DIGITAL ASSETS MANAGEMENT
Address: 10 Avenue des Alouettes, 33320 Eysines,
Email : firstname.lastname@example.org
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of :
Ordered on ....................................... / Received on ......................................................... (*)
Name of Client(s): ..........................................................................
Customer(s) address: ..........................................................................
Signature of the Client(s) (only in case of notification of this form on paper) :
(*) Delete as appropriate