TERMS OF SALES
We are pleased to welcome you to our site (hereinafter referred to as the "Site"), accessible via the URL address www.mypods.com, headquartered at 308W 42th St, New York, United States.
Access to and use of the Site are subject to the following terms and conditions, the general conditions of use and the confidentiality and personal data protection policy (hereinafter together referred to as the "Conditions").
PLEASE READ THE CONDITIONS CAREFULLY BEFORE USING THIS SITE AND CONSULT THEM REGULARLY. The User acknowledges having been informed upon entering the Site of the existence of the Conditions and the need to become aware of them prior to any consultation. Accessing and browsing the Site constitutes full acceptance by the User of the Conditions and the subsequent commitment to comply with them. All modifications come into force from the moment they are put online for all Users. MyPods reserves the discretionary right to modify at any time and without notice all or part of the Site and in particular the Conditions, in particular in order to comply with any new regulations or for the purpose of improvement. Also, if you do not accept all or part of the Conditions, you are not authorized to access the Site or to continue using it.
TERMS OF SERVICE
USE OF THE SITE CONTENT
The Site and each of the elements that compose it (such as texts, photographs, brands, logos, illustrations, animations, graphic representations, diagrams, clips, videos, domain names, etc. .) are protected worldwide by the intellectual property rights and personality rights in force or any other law, and are, unless otherwise stated, the exclusive property of MyPods.com or are used with the authorization of their owner. Reproduction of all documents published on the Site is only authorized for the exclusive purposes of information for strictly personal, domestic, educational and private use, provided that no modification is made to the content of the Site and that the brands and copyrights ©. Any other use, in whole or in part, of the Site or one of theelements that compose it, in particular by downloading, reproduction, transmission or representation, broadcasting, display, distribution, integration into aartworkderivative, any making of copies for other purposes, including public and / or commercial, is expressly prohibited, in any way and for any reason whatsoever, as well as their alteration. Nothing in these Terms should be construed as conferring, by MyPods.com and / or any other person or entity, implicitly or in any other way whatsoever, a license or any other right to the Site and each of the elements that compose it
The SiteMyPods.commay include links to other websites or other Internet sources. It is stipulated that MyPods.com has not checked all the sites that may be linked to its own, and has no control over their accessibility, content, advertisements, products, services, privacy and personal data protection policies, the actions of these sites, the information appearing or any other material available on or from these external sites or sources. Insofar as MyPods.comcannot control these external sites and sources,MyPods.com cannot be deemed to have given its approval concerning these sites and / or their content, and cannot be held responsible for any reason whatsoever for the provision of these sites and external sources, and cannot bear any responsibility on the content of external sites or sources and / or the use made of it by the User. The use of these sites by the User is the sole responsibility of the latter. Furthermore, MyPods.com can not be held responsible for any damage or loss proven or alleged consecutive or in connection with the use or the fact of having trusted the content, goods or services available on these sites or external sources. The creation of hypertext links to any of the Site's web pages or elements making up the Site is prohibited without the prior express and written authorization of MyPods.com. This authorization can be revoked at any time, without notice and without compensation in any capacity whatsoever and of any kind whatsoever. All the sites having a hypertext link towards the Site or any element composing the Site are not under the control of MyPods.com. MyPods.com therefore declines all responsibility for the access, content, advertising, products or services available from sites linked to the Site. MyPods.com.
EXCLUSION OF GUARANTEE AND RESPONSIBILITY
MyPods.com strives to keep its Site accessible, without being held to any obligation to do so. It is thus specified that for maintenance, security, updates, and for other reasons, access to the Site may be interrupted. MyPods.com makes its best efforts so that the information accessible via its Site is exact, exhaustive, precise and up to date. However, the information contained on the Site is communicated "as is" and "depending on availability". MyPods.com does not assume any express or tacit warranty in respect of all or part of the content of its Site and / or its technical operation. As such, MyPods.com cannot in any way guarantee that the content of the Site put online and its use are free from errors, inaccuracies, omissions, and / or bugs, from malicious programs (viruses, horses trojan, ...), faults, infringements of the rights of third parties, and that it is suitable for a particular purpose or use. MyPods.com does not undertake in any case that it is remedied.
In no case, MyPods.com can not be held responsible, in any capacity whatsoever, for any direct and / or indirect, material, moral, real, particular, incidental, cascading, ricochet, consecutive or no, or any other damage, including in the event of loss of use, loss of operation, loss of profits, loss of data, caused by, arising from, or related to access or the impossibility of access to the Site, and / or the use of all or part of the Site and / or the credit granted to any information coming directly or indirectly from the latter, whatever the nature of the damage, its cause, its origin or its consequences, even if MyPods.com has been previously warned of the possibility of such damage.
MyPods.com can not be held responsible in any capacity and in any way whatsoever, and therefore will not have to bear the costs, if the use of the site or its content were to generate for the User a damage forcing him to be assisted or to have repaired or replaced all or part of the equipment, materials or database. By accessing the Site, the User agrees, without reservation, to access and use this Site at his own risk. Some jurisdictions do not accept the exclusion of implied warranties and / or the exclusion or limitation of liability, so the exclusions set out below may not apply to you.
Unless otherwise provided, the sole content of the Site is to promote MyPods.com and / or its products. MyPods.com does not guarantee that all or part of the Site is suitable for all countries in the world or available for use in all countries. The User agrees, without reservation, to access and use this Site at his own risk, and is requested to comply with the regulations in force in his country, it being understood that access to the Site and the use of its content may be considered illegal for some people or in certain countries. The MyPods.com products presented on the Site are representative of the MyPods.com collection. Not all MyPods.com products are featured on this Site. . The design of the products can be changed without notice and for artistic reasons the products are not always represented in real size.
Any personal information that the User would have to transmit to MyPods.com is subject to the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by the law of August 06 2004. This site is declared to the National Commission for Information Technology and Liberties (CNIL) under number 1038357 of August 17, 2004 and our database has been the subject of a commitment to comply with standard No 48 under number 1256518 of October 11, 2007.
WHAT IS THE NATURE OF THE PERSONAL INFORMATION COLLECTED ON WWW.MYPODS.COM?
MyPods.com may collect personal data about the User. This provision of information is optional and subject to its express consent. The User will be informed beforehand. If he decides to communicate personal information, the mandatory or optional nature of the fields to be completed will be clearly indicated. This information includes:
- his email address,
- his civility, his name, his first name, his date of birth,
- his country, his city.
- its delivery and billing addresses
- telephone contact details
- the language in which he wishes to be contacted
- it's been agesfrom birth
The personal data provided by the User to MyPods.com is intended for MyPods.com and, if the User consents, to companies in the MyPods.com group. The staff of MyPods.com and the companies of the MyPods.com group are subject to confidentiality commitments and are bound to respect the privacy of the User. Subject to the exceptions set out below, MyPods.com does not sell, rent, or make accessible to any third party whatsoever, other than the companies in the MyPods.com group, personal data provided online, unless a legal or regulatory provision or a decision of a judicial authority requires it or if MyPods.com believes in good faith that this disclosure is necessary to identify or contact a person or to bring an action against a person or an entity likely to cause serious damage or disturb other Users of the MyPods.com Site
Finally, in the event that MyPods.com and / or any company in the MyPods.com group, or all or part of their assets, are acquired by a third party, the list of MyPods.com customers may be included in the assets sold.
MyPods.com wishes to place a "cookie" or "cookie" on the hard drive of the User's computer. A "cookie" or "cookie" does not allow MyPods.com to identify the User. On the other hand, it automatically records information relating to the navigation of the User's computer on the Site (the frequency of visits, the pages visited, the date and time of the consultation, actions on the Site, etc. …) That MyPods.com can read during subsequent visits by the User. MyPods.com uses this information to analyze navigation on its Site, to make it more useful and to measure the effectiveness of communications with Users. The "cookie" or "witness" also proves to be invaluable for personalizing the User's interactions and offering increased convenience with each new contact. The retention period of the information provided by the "cookie" or "witness" will be at most one year. MyPods.com recalls that it is possible for the User to oppose the registration of "cookies" either by eliminating cookies stored on his computer, or by configuring his computer for this purpose.An information message will be sent when they arrive on the site, offering them the possibility of choosing the cookies they wish to accept or refuse, it being understood that certain cookies are essential for the proper functioning of the site. It should be noted that certain functionalities of the Site will not / will no longer be available once certain cookiesoptional disabled.
MyPods.com undertakes to take all reasonable steps to ensure that the User's personal data remains secure at all times and that it is only accessible to authorized personnel of MyPods.com and / or group companies MyPods.com. As such, MyPods.com stores the information it collects on a secure server. However, it is expressly reminded that no data transmission over the Internet is completely protected from unlawful intrusion by third parties for which it is not intended. Internet communications can be potentially intercepted, lost or altered. Consequently, the User is fully informed that MyPods.com cannot be held responsible, in any capacity whatsoever, for damages of any kind whatsoever, arising from the transmission of personal and / or confidential information by internet.
GENERAL CONDITIONS OF ONLINE SALE
These General Conditions of Sale, which specify in particular the terms of order, payment, delivery and possible return of MyPods.com products, are applicable to allsales of MyPods.com products concluded via the Site, for delivery only in mainland France, including Corsica andMonaco, Great Britain and all the countries of the European Union.
Consequently, the customer declares to have read these General Conditions of Sale before placing their order. In this regard, each time an order is placed on the Site, the customer must confirm his acceptance of the General Conditions of Sale by checking the box "I accept the General Conditions of Sale". This validation at the time of the order therefore implies acceptance without restriction or reservation of these General Conditions of Sale and the renunciation to take advantage of any other conditions not expressly agreed between MyPods.com and the customer.
In accordance with the provisions of articles 1369-1 and 1369-4 of the French Civil Code, these General Conditions of Sale can be kept by computer recording and / or be reproduced by the customer by their printing..
These General Conditions of Sale will apply as long as they appear on the Site. MyPods.com can at any time modify and update these General Conditions of Sale being however specified that the General Conditions of Sale applicable will be those in force on the date of the order by the customer as formally accepted by the customer.
In accordance with the provisions of articles 1369-1 and 1369-4 of the French Civil Code, these General Conditions of Sale can be kept by computer recording and / or be reproduced by the customer by their printing..
The online sale of MyPods.com products on the Site is exclusively reserved for end users, namely consumer customers, as defined by law and case law, acting exclusively for their own account and domiciled in mainland France, including understood Corsica andMonaco,Great Britainand in all the countries of the European Union(hereinafter "the Territory").
Pto be able to buy a product when placing your first orderlcustomercan choose create or not create a customer account. Thereafter and for any new order, the customer with an account will be able to identify himself using his e-mail address (username) and password, which he will be responsible for maintaining confidentiality, by clicking on the "Identification" icon.
The information required to open a customer account is as follows:
- e-mail address, surname, first name, address, telephone number, country, language,
- password ;
- delivery address and billing address
The information communicated by the customer in the context of each of his orders, whether they are done with or without creating a customer account, must be complete, accurate and up to date. Otherwise, MyPods.com will not be able to execute orders.
ONLINE ORDERING CONDITIONS
Conclusion of the online sale
Customers will have to follow all the steps displayed to validate their orders, and in particular the step obtaining their consent in cochantthe box opposite the message "I confirm that I have read and understood the general conditions of sale and the CGU - Confidentiality policy", follow the instructions of the online payment server to pay the total price including tax of the order
Customers are reminded that at any time, they can contact MyPods.com Customer Service by clicking either on the "Customer Service" icon or by calling the telephone number reproduced on each Internet page of the Site, in particular for any additional information or questions they would like to ask about the products they wish to order
Any order placed on the Site must be paid for by the customer immediately after validation of the order by debit from their bank account by clicking on the "Pay" icon. ».
Payment for orders is made only in Euro and byPaypal or bycredit card and the following credit cards are accepted: Visa®, Eurocard® / Mastercard®, American Express®,issued on bank accounts domiciled in mainland France, including Corsica and Monaco,in Japan, in Great Britainand in the other countries of the European Union.
The debit in Euro of the bank card will take place at the time of the order and the payment transaction made by the customer in the secure payment environment integrated into the Site by a payment operator. The customer therefore authorizes his bank in advance to debit his account at the sight of the records or statements transmitted via the payment module, even in the absence of invoices signed by the hand of the bank card holder. The MyPods.com products ordered remain the property of MyPods.com until full payment is received by MyPods.com
To this end, the customer guarantees to MyPods.com that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his. The customer communicates, in a secure environment on the Internet, the sixteen-digit number and expiration date of his bank card, as well as, if applicable, the numbers of the visual cryptogram appearing on the back of his bank card.
In the event that the debit of the total price inclusive of tax of his order is impossible, the customer will be invited to restart the payment process. If the impossibility of debiting the total price including tax of his order is confirmed, the online sale will immediately be automatically resolved and the order will be canceled.
In the context of Internet payments, and in order to combat Internet fraud, checks will be carried out online with the competent banking establishments and organizations, questioned via the payment operator's system. In order to ensure the security of transactions and consumers, MyPods.com, through its payment operator, reserves the right to block any order appearing to be fraudulent or not presenting all the necessary guarantees in terms of payment security online. It is specified that MyPods.com does not collect and does not keep the details of the customer's bank cards.
Any complaint from a customer under the Data Protection Act will be transmitted directly by CMyPods.com to the payment operator.
Products purchased on the Site can only be delivered to the address indicated by the customer on the order form in mainland France, including Corsica and Monaco,Great Britainand in all the countries of the European Union. Anydelivery address located outside these territories or corresponding to a post office box will be refused during the online ordering process.
The delivery times are deemed to have been respected by MyPods.com as soon as the first presentation of the order at the address indicated by the customer occurred within the delivery times indicated to the latter.
In case of late delivery, the order is not automatically canceled.
In the event that the order has not yet been dispatched upon receipt by MyPods.com of the customer's notice of cancellation, delivery is blocked and the customer is reimbursed for any amounts debited without delay and at the latest within 30 (thirty) days of payment of the sums he has paid.
In the event that the order has already been dispatched upon receipt by MyPods.com of the customer's notice of cancellation, the customer may still cancel the order by refusing the package upon presentation of the latter by the carrier or by returning it without delay by CHRONOPOST to MyPods.com in its original packaging, unopened, MyPods.com will then reimburse the amounts debited and the return costs paid by the customer (proof to be sent to customer service) within a period 30 (thirty) days following receipt of the return of the refused package, complete and in its original condition.
RIGHT TO RETRACT
Principle and methods of the right of withdrawal
The customer has a withdrawal period of fourteen (14) calendar days without having to give reason for the exercise of such a right from the day of receipt of the order or from the reception of the last product composing the order.
The withdrawal period expires fourteen days after the day on which the customer, or a third party other than the carrier and designated by the customer, physically takes possession of the goods..
In order to help us process your return package as quickly as possible, please send us the following information with the package :
- The order number
- Your name
- Your first name
- Your email
- Your phone number
For the withdrawal period to be respected, it is sufficient that the customer transmits his request for withdrawal before the expiration of the period of fourteen days.The return will be at the buyer's expense.
It will be up to the customer to provide proof of this return, which implies that the products must be returned by CHRONOPOST, or by any other means giving a certain date, the costs and risks of return remaining the responsibility of the customer..
MyPods.com takes the greatest care and the greatest accuracy in the presentation and description of the products offered on the Site (including, photographs, graphics and previews of the engraving) within the limits of the technique, the computer equipment used and in compliance with the best market standards. However, these presentations and descriptions are only communicated for informational purposes and cannot enter into the contractual field binding MyPods.com and the client..
However, in the event of manifest non-conformity of the product delivered in relation to its description on the Site (size, shape or color completely different from what was advertised on the Site), MyPods.com undertakes to correct this error, the consumer can either exercise its right of withdrawal (article 7 above), or implement the guarantee of conformity of MyPods.com (article 6-7 above) in accordance with the legal provisions below recalled :
Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing upon delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility..
Article L211-5 of the Consumer Code
To comply with the contract, the property must :
1 ° Be suitable for the use normally expected of a similar item and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model ;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling ;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods
Article L211-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized to him by the law
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
All elements (texts, images, drawings, models, logos, visuals, animations, videos, etc.) of the Site are and remain the exclusive property of MyPods.com. It is expressly prohibited to reproduce, use, distribute, use and / or modify, in whole or in part, for any reason whatsoever and by any means whatsoever, any of the said elements and / or create derivative works from one of them.
It is the same for all copyrights, copyrights, designs and models, patents and domain names which are the exclusive property of MyPods.com
No hypertext link to the Site is authorized without the express prior agreement of MyPods.com
Any reproduction or representation, in whole or in part of the Site or any of the elements contained therein, constitutes an infringement which may engage the civil and criminal liability of its author.
The execution by MyPods.com of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, total or partial strikes, including transport, of all kinds, interruption of production, l interruption of energy and / or electricity supply and MyPods.com supply problems
MyPods.com will inform the customer of a similar fortuitous event or force majeure within fourteen days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the customer would then be able to terminate the order in progress, and a refund would then be made under the conditions set out above..
LIMITATION OF LIABILITY
MyPods.com can not be held liable for damage resulting from the use of the Internet, such as in particular data loss, intrusion, virus, broken connection, interruption of the Internet, or other problems. beyond his control.
MyPods.com reserves the right to suspend the operation of the Site at any time.
MyPods.com is only bound by an obligation of means. The customer remains the sole judge of the appropriateness and adapted to their needs and consumption of the items they order. MyPods.com doescould see its responsibility engaged for a use of the articles not in conformity with their destination.
The fact thatMyPods.com refrain from demanding at any given time the execution of any of the provisions of these General Conditions of Sale can not be interpreted as a waiver to invoke later said total or partial non-performance.
VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of these General Conditions of Sale is declared void in whole or in part, the other provisions and the other rights and obligations arising from these General Conditions of Sale will remain unchanged and will remain applicable if their application is not made impossible.
APPLICABLE LAW / DISPUTES
These General Terms and Conditions of Sale are subject to French law unless otherwise required by force, such as those arising from EC Regulation No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
Any litigation likely to result from the interpretation and / or the execution of these General Conditions of Sale, and in the absence of amicable agreement, will be subjected to the exclusive competence of the French jurisdictions, except application of Regulation EC n ° 44 / 2001 of the Council of 22 December 2000 on jurisdiction, the recognition and enforcement of decisions in civil and commercial matters (Brussels I°).
In any event, in the event of a dispute, the client may have recourse to a conventional mediation procedure or any other alternative method of dispute resolution..