Terms of Sales
Updated September 14, 2023
These General Conditions of Sale govern all relations between:
- The company STARDUST BY G, Simplified Joint Stock Company with a single shareholder with capital of 2,000.00 EUR – 843 273 939 RCS NANTERRE - having its registered office at 119 Bis Rue de Colombes, 92600 Asnières sur Seine (hereinafter referred to as the “ Seller") and
- The person who orders product(s) on the website https://shop.gotaga.tv/ . (Hereinafter referred to as the “Client” or “You”)
The General Conditions of Sale (hereinafter “CGV”) aim to describe the terms of distance selling of goods present on the website https://shop.gotaga.tv/ (hereinafter the “Site”) between the Seller and Customer. They express the entirety of the obligations and rights of the Parties. The Customer has the option of printing them.
The General Terms and Conditions apply, without restriction or reservation, to all sales of products offered by the Seller on its Site.
Consequently, the fact for the Customer of ordering a product offered for sale on the Site, whatever the media used, implies full and complete acceptance of these General Terms and Conditions of which the Customer acknowledges having read prior to his order.
2.1. A Customer, under the General Terms and Conditions, is any natural person, aged at least 18 years or having the authorization of the authorized person on the date of validation of their order. The Customer is a consumer, that is to say that he acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity. In the case of home deliveries, the Customer resides in Metropolitan France (including Monaco, excluding Corsica), Switzerland, Belgium, Luxembourg, Canada, Martinique, Guadeloupe, Réunion, Mayotte, Saint Barthélémy, Saint-Martin (French part), Saint-Pierre-And-Miquelon . The latter acknowledges having full legal capacity to commit to the General Terms and Conditions.
2.2. All orders must be identified by a customer account. Thus, during the first order and in order to personalize its environment, an email address and a password must be entered by the Customer. A uniqueness and identifier check is then carried out by the system. If the password is lost, the Customer can click on the “forgotten password?” link and enter their email address. The Customer will receive a link allowing them to initialize their password. This password is in no way used to make any payment. This password, which is strictly confidential, will be requested from the unauthenticated Customer before each transaction. For each order, the Customer must log in by entering their username and password in the space dedicated to this purpose.
2.3. In the event of non-compliance with the General Terms and Conditions by the Customer, the Site reserves the right to deactivate, automatically and without compensation, the Customer's account, after sending an email or a registered letter with notice. of receipt of formal notice, which remained without effect for more than 30 days. However, it is specified that in the event of a manifest and significant breach or fraud on the part of a Customer, the deactivation of the account will be done automatically, without notice, without formality and without compensation.
The Customer who wishes to deactivate his account will do so by email or registered letter with acknowledgment of receipt addressed to Customer Service. The deactivation of the account will be carried out within a maximum period of 7 days from receipt of this letter.
2.4. The Seller reserves the right to modify and update the General Terms and Conditions. To be informed of these possible modifications, the Seller advises the Customer, and in general any user, to reread the General Terms and Conditions and the “Confidentiality and Cookies” charter of the Site regularly. The order will be subject to the General Terms and Conditions in force at the time of the order.
2.5. If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
2.6. The fact that one of the Parties does not rely on the other Party for a breach of any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.
3. Product characteristics and prices
3.1. The Seller presents the products on its Site as well as their detailed descriptions allowing the Customer to know, before placing the final order, their essential characteristics. The Customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on the screen (name, price, components, weight, quantity, color, particularities of the products and cost of services) and expressly declares to accept them without reserve.
The product offers and prices appearing on the Site are valid as long as they are visible and available (= presence of the “Add to cart” button). A product that has become unavailable is indicated as such. It is nevertheless specified that the simple fact of adding a product to the basket does not constitute validation of the order. In other words, the product may become unavailable between the time of adding it to the basket and validation of the order by the Customer.
3.2. The prices of products on the Site are indicated in Euros, all taxes included (TTC). Product prices do not include communication costs related to use of the Site. Prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the products, on the date stipulated by the relevant implementing decree.
In the event of an entry, printing or calculation error revealing a price significantly lower than the price normally charged, the Customer will be charged the lowest price unless this price is clearly derisory, i.e. without relation to the actual value of the product ordered. In this case the order, even if it has been automatically confirmed by the Seller, will be canceled. The Customer will be informed as soon as possible so that he can, if he wishes, re-order at the price normally charged.
4. Validation of the order
4.1. The Customer places his order in accordance with the instructions appearing on the Site and in these General Terms and Conditions. Each item must be added to the cart. A summary which lists all the items in the basket is displayed by clicking on “Order”. The Customer can at this stage check, modify and delete the selected products. The Customer then validates their basket by “clicking” on the “Order” button. Any order not validated cannot be honored. Therefore, the simple fact of adding a product to the basket does not constitute validation of the order. After having validated his order, the Customer then selects his method of receiving the products, based on the options offered by the Seller, and enters the data corresponding to his means of payment then acknowledges his obligation to pay according to the terms described in the article 5.
The Seller recommends that the Customer keep a record of the data relating to his order on paper or on a reliable computer medium.
4.2. The Seller confirms that the Customer's order has been taken into account by sending an automatic email containing the essential characteristics of the products ordered, the indication of the price including tax and, where applicable, the difficulties or reservations relating to the order placed. .
The Seller may ask the Customer for proof of identity. In this case, the order will only be confirmed upon receipt and validation of these parts. The order preparation time may be influenced by any delay in the transmission of this information. In the event of non-supply of parts before the order collection day, the Seller reserves the right to cancel the order. In addition, the Seller reserves the right not to confirm the order, particularly in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment of a previous order or payment dispute. during administration, in the event of a problem concerning the order received, in the event of an incomplete order, a foreseeable problem concerning the supply of the product, or in the presence of a withdrawal or recall procedure initiated concerning one or more of the products ordered . The Seller will inform the Customer by email. The lack of confirmation by the Seller cannot be considered as confirmation and acceptance of the order.
5.1. At no time can the sums collected be considered as deposits or advance payments. The Customer explicitly acknowledges his payment obligation upon validation of the order.
In other words, the Customer acknowledges that placing an order entails payment for it when he clicks on the “Order” button.
The Customer can pay for their order using the following payment methods:
- Mastercard network card
- Visa network card
All banking transactions are carried out in a secure manner. The information communicated when placing the order (card number and expiry date) will not be stored on the Site's servers. To increase security, the Customer must communicate this information with each new order.
Please note that payment by check is not accepted.
5.2. The Customer guarantees to the Seller that the means of payment used is valid and is not the result of a fraudulent transaction. In the case of an order which has not been paid in full or in part by the Customer, the Seller undertakes to inform the Customer by email and to ask him to remedy the situation. In the absence of a response or solution before the order collection date, the Seller reserves the right in particular to refuse to honor an order, to cancel all orders in progress or to suspend the Customer's account. In addition, the Seller authorizes itself to suspend any order in the event of refusal of payment authorization from financial organizations.
6. Delivery and reception
The Seller may offer different delivery options to the Customer regarding the sending of his order which will be indicated before validation of the order.
Home delivery is made to the delivery address indicated by the Customer, as long as this address is part of the Seller's delivery area. The Customer therefore undertakes to receive the products at the address indicated on the order form. Delivery means the transfer to the Customer of physical possession or control of the goods.
It is the Customer's responsibility to verify the accuracy of the information entered before validating the order (Building number, floor, intercom name, digital code). In the event of an error in the wording of the recipient Customer's contact details (in particular last name, first name, street number and name, postal code, city name, telephone number or email address), neither the Seller nor the delivery person can be held responsible for the impossibility in which they may be able to deliver the order.
Delivery is understood to take place at the doorstep of the address indicated by the Customer and in the presence of the latter or any person authorized to receive the goods. Delivery drivers are not required to enter the Customer's home. The Seller reserves the right not to respond to an order from a Customer who cannot provide proof of their delivery address upon simple request from customer service or the delivery person.
Orders cannot be delivered to a floor located beyond the sixth floor as this floor is not accessible via an elevator.
The Customer agrees to prove his identity, in the event of a request from the delivery person, by means of an official document in force and by communicating if necessary, the order number which was assigned by the system to his order and which was communicated to him in the email confirming receipt of the order.
If the Customer is unable to receive the order himself, he must appoint, to represent him, a third party with authority and a photocopy of the said Customer's identity card.
No request for delivery of ordered products can be honored if the conditions indicated above are not respected by the Customer.
In the event of delivery to the Customer's workplace, the delivery person not having access to the premises, the Customer must take all necessary precautions so that the delivery person can deliver the order and the Customer can receive it.
The Seller cannot be held responsible for handing over the order to a third party present at the delivery address declared by the Customer when validating the order.
Upon delivery of the order to the Customer at the address indicated and after signing the delivery note by the Customer, the delivery obligation will be carried out. The Seller therefore declines all liability in the event of subsequent loss or theft.
Delivery costs may be required depending on the products and the Customer's address. Delivery costs are calculated automatically and indicated before validation of the order.
The delivery date will be determined and communicated to the Customer. The Seller will then use its best efforts to meet delivery times for the products ordered. In the event that these deadlines cannot be met, the Customer will be automatically informed by any means such as email, SMS or telephone.
In the event of a delivery delay, the Seller suggests that the Customer notify him of this delay by contacting Customer Service in order to agree on the best solution together.
It is finally specified that in cases where (a) the Customer does not receive their order, (b) the carrier is unable to deliver it to them (e.g. inaccurate or incomplete address) or (c) the Customer does not does not collect his order from the location indicated by the carrier (e.g. post office, parcel relay, etc.), the Seller will contact the Customer by any means (telephone, email) in order to agree together on a new delivery.
If the Seller is unable to contact the Customer and/or a new delivery is impossible within a maximum period of four (4) months from the initial delivery date, the Seller may cancel the order and will issue a refund. of this, less delivery costs which will remain acquired by the Seller.
7. Withdrawal period
In accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise your right of withdrawal regarding your order.
How to do ?
The Customer must notify their wish to withdraw by writing to the contact us page, before the expiry of the above-mentioned period.
The period for exercising the right of withdrawal expires fourteen (14) days after the day on which the Customer takes physical possession of the products.
How to return the products?
Once the Customer has notified his wish to withdraw, he must return the product(s) without undue delay and in any event within 14 days following his withdrawal to the following address:
Cubyn - GCorp
FBC return service
41 avenue du gros oak
The return of the product(s) is made in their original packaging, and in good condition, accompanied by all possible accessories and documentation. The product(s) must be in perfect resalable condition. Any incomplete or damaged product following handling other than those necessary to establish its nature, characteristics and proper functioning will not be refunded.
The fees and costs associated with the return of the products following your decision to withdraw are the responsibility of the Customer.
The refund will take place within a maximum period of fourteen (14) days from which the Customer informed us of their decision to withdraw. It is specified that the Seller reserves the right to defer reimbursement until recovery of the products.
The Seller will reimburse the Customer using the same payment method as that used during the initial transaction unless the Customer expressly agrees to a different payment method.
It is specified that a product having benefited from a commercial advantage (promotions) will be reimbursed at the price actually paid by the Customer and not at its initial non-discounted price.Exclusions from the right of withdrawal
The Seller reminds the Customer that the right of withdrawal cannot be exercised for contracts:
- The supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods likely to deteriorate or expire quickly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- Supply of digital content not provided on a material medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.
8. Legal guarantees
8.1. Legal guarantee of conformity
The Seller undertakes to provide the Customer with a good or service in accordance with their request.
The Customer may, in any case, for tangible goods, take advantage, from the Seller (at the address mentioned in article 10), of the legal guarantee of conformity provided for by the Consumer Code, in particular for articles :
Article L.217-4 of the Consumer Code: “ The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility .
Article L.217-5 of the Consumer Code: “ The good complies with the contract:
1. If it is suitable for the use usually expected of similar goods and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
• if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2. Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .
Article L.217-12 of the Consumer Code: “ The action resulting from the lack of conformity is prescribed two years from the delivery of the good ”.
Finally, it is recalled that article L.217-16 of the Consumer Code provides that: “ When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of acquisition or the repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention .
8.2. Guarantee against hidden defects
The Seller also remains liable for any serious defects in the item under the conditions provided for in articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them .
Article 1648 paragraph 1 of the Civil Code: “ The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect ”.
9. Customer Service
For any questions, information or complaints, Customer Service is at your disposal:
- By email: firstname.lastname@example.org
The detailed product sheet is the only contractual source. As products are constantly evolving, manufacturers may modify product packaging, technical composition and characteristics of product references without notice.
The Seller may exempt himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure (as defined by regulations).
10. Your personal data
In accordance with the Regulations relating to the protection of personal data, the Customer is informed that the Seller, as data controller, implements processing of personal data.
For any request concerning the exercise of rights over their personal data processed via the Site, the Customer can send their request indicating their last name, first name, email address and if possible their customer reference:
- By post to the following address: For the attention of the person responsible for personal data, at 30 avenue Edouard Belin 92500 Rueil Malmaison
- By email: email@example.com
In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the response must be sent. A response will then be sent to him as soon as possible.
11. Applicable law and competent jurisdiction
The products marketed by the Seller are subject to French law regardless of the country/region of residence of the Buyer and the place where the Order is placed.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR BREACH OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE CUSTOMER, EVEN IN THE CASE OF MULTIPLE DEFENDANTS, WILL, IN THE FAILURE OF AMICABLE AGREEMENT, BE IN THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS COMPETENT TO APPLY THE RULES PROVIDED BY THE FRENCH CODE OF CIVIL PROCEDURE.