GENERAL CONDITIONS OF SALE AND USE
Preliminary remarks
Required computer configuration
Foreword
Method for placing orders and description of the purchasing process
Price
Payment
Delivery
TITLE RETENTION CLAUSE
Provisions related to the rights of the consumer
PROVISIONS APPLICABLE TO THE COMMERCIAL LICENCE PURCHASED, IF APPLICABLE
Personal account
Author newsletter
Remarks related to the Data Protection Act of January 6, 1978
Exoneration of the liability of the website author in the framework of the execution of the present contract
INTELLECTUAL PROPERTY RIGHTS
Amendments to the general conditions
APPLICABLE LAW AND COMPETENT JURISDICTION
Amicable resolution of disputes
Divisibility
Non-waiver clause
1. Preliminary remarks
a) Legal Remarks
www.sacotin.com (hereafter “the website”) is authored by EIRL Véronique Pinson (hereafter, “the website author”), whose Siren number is 502391402, registered with the Registry of Commerce and Business of Aix-en-Provence no. 502 391 402 and domiciled as such at 1 rue de la Treille 13770 Venelles.
The author can be reached by email at the following address: vero@sacotin.com
This site is hosted by OVH whose headquarters are located at 2 rue Kellermann, 59100 Roubaix, and can be reached by telephone at the following number: 08 203 203 63.
The publication director and supervisor of content authorship for the website is Ms. Véronique Pinson.
b) Subject
The present website is freely accessible, free of charge, to any web visitor. Its purpose is the online sale of digital format sewing patterns (PDF).
c) Acceptance of the general conditions
Orders placed on this website presume acceptance by the visitor of the present conditions of sale. The visitor thereby also affirms full awareness of these conditions. For the visitor, this acceptance equates to a validation of the present general conditions.
Validation of the present general conditions will be reputed to have the same value as a signature by the visitor.
The visitor affirms the evidential value of the automatic registration systems of this website’s editor, and unless the visitor provides proof to the contrary, he or she waives the possibility of contesting them in the event of a dispute.
Acceptance of the present conditions of sale presumes that visitors are endowed with the necessary legal capacity to do so, or otherwise are so authorized by a legal guardian if they themselves are incapable, by their legal representative if they are minors, or if they hold authorization in the event that they are acting on behalf of a legal entity.
2. Computer configuration required
The minimal configuration required to use the author’s website is as follows: 1Ghz processor, 256Mo of RAM, resolution of 1268 by 768. Internet Browser required: Microsoft Internet Explorer 8 or 9, Firefox 4 or 5, Safari 5, Opera 10 or Google Chrome and all later versions.
The user affirms possession in this respect of the computer knowledge and means required to use the services offered on the site. The user also affirms use of a broadband Internet connection and software to protect from viruses, Trojan horses, and other malware, and therefore releases the author of all liability on these issues.
The patterns sold through this site are delivered in digital PDF format; therefore the client affirms possession of the (free) Adobe Reader software.
3. Foreword
In the framework of the use of patterns sold on this site, the client also commits, without limitation and without reserve, to :
— using patterns supplied by the author in good faith,
— respecting the rights of third parties,
— complying with the intellectual property rights of the author,
— respecting all legislative or regulatory provisions in force.
In any event, the client is responsible for the products produced using the pattern. In this respect, the client affirms complete awareness that it is strictly forbidden to use the patterns provided by the author to produce products containing elements (of any kind) that are racist in character, represent a public nuisance, or violate standards of decency or contravene any legislative or regulatory provision in force.
The pattern will be used under the sole and total responsibility of the client, who shall be subject to competent jurisdictions.
Any violation of the present general conditions that results in damage or which constitutes a violation of the regulatory or legislative provisions may be subject to a legal suit made directly against the client and which thereby frees the author from any liability in this matter.
4. Method for placing orders and description of the purchasing process
Product availability is indicated on the website within the description page for each article. In order to place an order, visitors to the website may select one or more patterns and add them to their shopping cart. They may also buy a commercially licenced pattern. When the order is complete, the website visitor may access the shopping cart by clicking on the button provided for this purpose.
When the website visitor consults the shopping cart, he or she has the ability to verify the number as well as the type of articles chosen and can verify their unit price as well as the total order price.
Website visitors have the option to remove one or more objects from their shopping cart.
In this order summary, clients will also be informed of their option ability to cancel an order as well as any time limitations that may apply.
If the order is suitable and clients wish to validate it, website visitors may click on the confirm button, and visitors will then access a form in which either login credentials may be entered if clients already have them, or they may sign up on the website by completing the available form by entering relevant personal information.
Once they are connected or after they have fully completed the form, clients will be asked to verify or amend their delivery information or billing information and will then be able to make a payment by being redirected to do so on a secured payment interface.
Once the payment has in fact been received by the site author, the author agrees to confirm receipt to the client in an electronic form within a reasonable period of time.
Also, and within the same time period, the author agrees to send an email to the client summarizing the order and confirming order processing, including in fact all the information related to the order, the products ordered, their delivery, as well as the methods for exercising any possible right of withdrawal.
5. Price
Prices indicated on the website are expressed in Euros, with all taxes included. Prices are non-negotiable, without discount, rebate, or refund. These prices may be changed at any time by the author; prices listed are only valid on the day of the order and are not valid in the future. The price to be paid by the client will be the price listed when the order is placed. Patterns are delivered to the personal account of the client; the order cost does not include delivery charges.
6. Payment
The website visitor may make an order on this website and make the payment by paypal or by using a bank card via paypal. The payment must be made in full when the order is placed. Payments are made through secured transactions provided by “Paypal”. In terms of payment via bank card, the author of this site will have no access to banking data related to the client’s payment methods.
7. Delivery
Deliveries will be made immediately, once payment of the price of the order has been received.
Delivery of the patterns will be made to the personal account of the client in digital format (PDF). Patterns will be made available in the client’s personal account for a period of 24 hours. Beyond that period of time, the client will no longer be able to download the patterns in PDF format from his or her personal account, and will have to ask the author, if necessary, to send the pattern by email.
8. RIGHTS RESERVED CLAUSE
THIS CONTRACT DOES NOT CONFER ANY RIGHT OF OWNERSHIP TO THE PATTERNS SOLD THROUGH THE SITE, RATHER IT CONFERS MERELY A RIGHT OF PERSONAL, NON-EXCLUSIVE, AND NON-TRANSFERABLE USE.
HAVING ACQUIRED A LICENCED COMMERCIAL PATTERN, THE CLIENT MAY USE THE PATTERN IN COMPLIANCE WITH THE PROVISIONS OF SAID LICENCE. THE COMMERCIAL LICENCE IS INCLUDED IN ARTICLE 10 OF THE PRESENT CONDITIONS.
9. Provision related to the rights of the consumer
a) customer service
Customer service on this website is accessible from Monday to Friday from 9:00 am to 6:00 pm at the following non-surcharged telephone number: it can be reached by email at the following address: vero@sacotin.com or by post at the following address: Véronique Pinson, 1 rue de la Treille, 13770 Venelles.
b) Right of withdrawal
By virtue of legislation in force, consumers have a period of 7 calendar days starting from the date of the receipt of a product to seek reimbursement for its purchase.
Nevertheless, in compliance with the provisions of article L121-20-2 of the consumer code, consumers may in fact not seek to exercise any right of withdrawal whatsoever for orders involving:
— any clearly customized products or products made according to their specifications, or which by their nature may not be reshipped.
— supply of audio or video recordings or computer software once these have been unsealed by the consumer;
— supply of newspapers, periodicals, or magazines;
Due to the digital format of the products purchased on this site, the client is informed that he or she may no longer exercise his or her right to withdrawal once the PDF file has been sent by email or downloaded to the client’s personal account.
10. PROVISIONS APPLICABLE TO ANY COMMERCIAL LICENCE PURCHASED
This contract does not confer any proprietary right to the patterns sold through the website, rather it allows simply for personal, non-exclusive, and non-transferable use.
If a client acquires a licenced pattern, he or she will be granted a commercial licence. The commercial licence associated with a pattern will enable the client to manufacture and sell a strictly limited number of products.
By acquiring a licenced pattern, the client is granted non-exclusive and non-transferable authorization to manufacture through use of the pattern purchased a number of products limited to (5) five copies per licence, and, incidentally, to sell them. Sale of products is therefore also limited to (5) five copies per licence, and such shall be the case regardless of the purpose of the product.
The client may not make use of the licence for any other pattern and may not grant a sub-licence.
The client agrees to respect the corporate right of the author and particularly the author’s right of authorship of the pattern. In particular, modification, adaptation, and further development of the pattern are prohibited. In particular, the client should sew inside each product produced, sufficiently visibly, a label reading “Modèle Sacôtin”, provided by the author.
The label should be sewn right-side up. Five labels will be provided, one label per product produced. Under no condition may the client manufacture “Modèle Sacôtin” labels. For the purposes of selling the products produced using the pattern provided, the author confers upon the client by the present licence and for France:
— a right of production limited to saving a copy of the pattern and the manufacturing of the (5) five products;
— a right to represent to the public the products produced using the pattern that shall be limited to the Internet and to a website, regardless of the number of copies offered for sale on said website; what’s more, the client’s presentation of the product made should be accompanied by a photograph of the product on which the “Modèle Sacôtin” label provided by the author shall appear;
– a right of representation to the public of the products produced using the pattern limited to a physical boutique, provided that said physical boutique also belongs to the client.
11. Personal account
a) Creation of the personal account
The creation of a personal account is an indispensable precondition for subscription by a visitor to a service provided by this website. As such, the member will be asked to provide a certain amount of personal information. The member agrees to provide correct information or the author may elect to cancel the contract and delete the personal account.
Some information is considered indispensable for purposes of concluding a contract and the collection of this information will be indispensable for the creation of the personal account and for validation of the contract concluded. Refusal by a member to provide this information will prevent the creation of the personal account, and as a result, the conclusion of the contract.
b) Function
This space will enable the client or the member to consult all of his or her subscriptions to the services performed on the site and to download the digital products purchased on the present site. If the data contained in the personal account section should disappear due to unforeseen circumstances, a technical breakdown, or a case of force majeure, the liability of the author of the present site shall not be incurred, as this information is only of an informative nature. The client is thereby reminded that it is the client’s responsibility to back up on his or her computer the digital products purchased on the present site. The author at the same time commits to keeping secured all contractual elements whose conservation is required by law or by regulation in force.
The author reserves the exclusive right to delete the account of any member who contravenes the present general conditions (particularly, but not exhaustively, when the member knowingly provides false information when signing up and creating his or her personal account) or any account that has been inactive for at least one year. Such a deletion cannot be grounds to constitute damage for the member so excluded, and this member cannot claim any indemnity due to this fact.
Such exclusion does not exclude the author from seeking legal action against the member whenever facts so justify.
c) Password
When creating the personal account, the visitor will be asked to create a password. This password constitutes the guarantee of confidentiality of the information contained within the personal account, and the website user will therefore refrain from sending it to or sharing it with a third party. If the password is shared by the website user, the website cannot be held liable for any non-authorized access to the website member’s account.
12. Author newsletter
By checking the box created for this purpose, website users agree that the author may send them, at a frequency and in a format that the author will determine, a newsletter which may include information related to the author’s activity.
When the website user checks the box created for this purpose, he or she agrees to receive commercial offers made by the author of this site for products and services that are similar to those offered.
Website users will have the option to unsubscribe from the newsletter by clicking on the link intended for this purpose, which will be included in each newsletter.
13. Remarks regarding the Data Protection Act dated January 6, 1978
a) General Remarks – Intention – Duration
Website users have the option to provide personal information. It is not indispensable to provide personal information in order to navigate the site. However, registration on the present site assumes collection, by the author, of a certain amount of personal information pertaining to website users. Website users who do not wish to provide the information required to create a personal account will not be able to place an order on this website.
The data gathered are required for the proper administration of the services offered on the present site as well as compliance by the author with respect to the author’s contractual obligations. These data are kept by the website author for this specific purpose, and the author agrees not to use them for any other purpose, nor to transmit them to any third parties, unless it is with the express accord of the users or in cases set forth in applicable law.
Contact information of all users registered on the present website shall be kept for a maximum duration of one year starting from the deletion of the personal account, which is a reasonable duration of time required for the proper administration of the website and normal utilization of the data. This data will be secured according to current technical means available in accordance with the provisions of the Data Protection Act dated January 6, 1978.
b) Right to access, correct, and delete
In compliance with this latter right, users have the right to oppose, question, access, and rectify the data they have provided. To do so, users simply need to place a request with the author of this website at the following web address:
cnil@sacotin.com, or by postal address at the address of the author’s workplace as mentioned in the heading of these general conditions.
The personal data collected are subject to computer processing and will be available exclusively to the author of the website. The personal data collected will not be the subject of any transfer abroad.
The supervisor for processing such information will be Ms. Véronique Pinson.
CNIL declaration number: 1665552
c) IP Address
In addition, the author reserves the right to collect the public IP (Internet Protocol) address of all website users. The collection of this IP address will be made anonymously and shall be kept for the same duration as personal infromation and will only be used for the proper administration of the services offered on this website. The IP address corresponds to a series of numbers separated by dots that allow for the unique identification of a computer on the Internet network.
The author will be required to communicate all personal data related to a website visitor to the Police (in the event of a legal warrant) or any other person (in the event of a court order). The IP address of any computer can be the subject of an association with the actual identity of the subscriber kept by the ISP (Internet service provider).
14. Release of liability of the author in the framework of the execution of the present contract
In the event that access to the website is unavailable due to technical problems or problems of any kind, the client may not claim damage and may not seek any indemnity.
Unavailability, even if prolonged or without any limited duration of one or more products, cannot constitute a damage incurred by website visitors and may in no case lead to the award of damages and interests against the website or the author of the website.
The website author may in no instance be held liable for lack of execution or poor execution of the contract which may be directly or indirectly attributable to an action on the part of the client or to a case of force majeure, as defined by jurisdictions governed by French law.
The hypertext links available on the present website may send users to other Internet sites, and the liability of the author of this website may not be incurred if the content of those websites contravenes legislation in force. What’s more, the liability of the author of the present website cannot be incurred if the visit by the website visitor to one of these sites results in harm caused to the visitor.
15. INTELLECTUAL PROPERTY RIGHTS
All of the elements that make up the present website are the property of the author and are protected by legislation with respect to intellectual property.
THE PRESENT CONTRACT CONFERS NO OWNERSHIP RIGHT TO THE PATTERNS SOLD THROUGH THE WEBSITE, RATHER IT CONFERS MERELY A PERSONAL, NON-EXCLUSIVE, AND NON-TRANSFERABLE RIGHT OF USE.
UNLESS A COMMERCIAL LICENCE IS PURCHASED, THE PATTERNS MAY IN NO EVENT BE THE SUBJECT OF A COMMERCIAL USE BY THE CLIENT. IN THE EVENT A COMMERCIAL LICENCE IS PURCHASED, THE CLIENT WILL BE REQUIRED TO COMPLY WITH THE PROVISIONS OF THE LICENCE AS SET FORTH IN ARTICLE 10 OF THE PRESENT CONTRACT.
Website visitors and clients therefore recognize that without such authorization, any total or partial copy or any distribution or exploitation of one or more of these elements, even if modified, may result in legal action against them by the author or the author’s beneficiaries. This protection shall cover all of the textual and graphic contents of the website, but also its structure, name, graphic identity, and the patterns offered for sale on the site.
16. Amendments to the general conditions
The present general conditions may be modified at any time by the website author or its agent. The general conditions of sale applicable to the client are those in force on the day of the order. The website author of course commits to keeping records of all former general conditions and to making them available to any user who asks for them.
17. APPLICABLE LAW AND COMPETENT JURISDICTION
The present general conditions of sale are subject to the application of French law and the authority of French jurisdiction. The language of the contract is French.
IN THE EVENT OF ANY DISPUTE WITH RESPECT TO THE RIGHT OF PRIVATE USE OF THE PATTERN, THE COMMERCIAL LICENCE AND MORE GENERALLY THE INTELLECTUAL PROPERTY RIGHTS OF THE WEBSITE AUTHOR, EXCLUSIVE AUTHORITY IS ASSIGNED TO THE TRIBUNALS OF AIX-EN-PROVENCE (CP 13000).
18. Amicable resolution of disputes
Except according to provisions of public order, any disputes that may arise in the framework of the execution of the present general conditions may, prior to any legal action, be subject to an evaluation of the website author in view of an amicable settlement. It is expressly stated that requests for amicable resolution do not suspend open periods of time to initiate legal action.
19. Divisibility
If one of the clauses of the present general conditions were to be declared null and void by a legal decision, this decision may not result in voiding the entirety of the other clauses, which would continue to have their full effect.
20. Non-waiver clause
The fact that either of the parties does not exercise either temporarily or permanently one of more of the clauses of the present general conditions shall in no case be understood as a waiver of the right to exercise the rest of the general conditions.
