|Terms and Conditions|
Definitions of the terms
We will then designate:
"Site": the site Mentions imposed by the law of trust in the digital economy and purpose of the site
This site is published by Le Star SARL.
Legal information concerning the host and publisher of the site, in particular contact details and any capital and registration information, are provided in the legal notices on this site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.
This site offers for sale online all types of automatic games, spare parts for all types of automatic games.
The site is freely accessible to all Internet users. The acquisition of a good or service, or the creation of a member area, or more generally the navigation on the site implies the acceptance, by the Internet user, of all the present general conditions, which also acknowledges having read them in full. This acceptance may consist, for example, for the Internet user, in ticking the box corresponding to the acceptance sentence of these general conditions, with the words "I acknowledge having read and accepted all the general conditions of the site. ». Checking this box will be considered to have the same value as a handwritten signature from the Internet user.
The acceptance of these general terms and conditions presupposes that the users have the necessary legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, a curator or his/her legal representative.
The Internet user acknowledges the evidential value of the automatic registration systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
The products and services offered are those listed in the catalogue published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description drawn up by the publisher according to the descriptions provided by the supplier. The photographs of the products in the catalogue reflect a true and fair view of the products and services offered but are not contractual insofar as they cannot ensure a perfect similarity with the physical products.
The customer service of this site is accessible by e-mail at the following address: email@example.com or by post at the address indicated in the legal notices, in which case the publisher undertakes to provide a response within 7 days.
The Star also provides its users and customers with a hotline, or telephone assistance, to answer their questions. Telephone assistance can be contacted by telephone on 0561920727 (number not surcharged).
Unless otherwise stated, the prices in the catalogue are prices in Euros all taxes included (VAT included), taking into account the VAT applicable on the day of the order.
The Star reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to change its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.
The registered user of the site (member) has the possibility to access it by logging in with his login details (email address defined at registration and password) or possibly by using systems such as third-party social network login buttons. The user is fully responsible for protecting the password he or she has chosen. He is encouraged to use complex passwords. In the event of a forgotten password, the member has the possibility to generate a new one. This password is the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorized access to a user's account.
The creation of a personal space is an essential prerequisite to any order or contribution of the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.
The purpose of data collection is to create a "member account". This account allows the customer member to consult all his orders placed on the site. If the data contained in the member account section were to disappear as a result of a technical breakdown or a case of force majeure, the site and its publisher could not be held liable, as this information has no probative value but only an informative character. The pages relating to member accounts are freely printable by the account holder in question but in no way constitute proof, they are only of an informative nature intended to ensure the effective management of his orders or contributions by the member.
The publisher reserves the exclusive right to delete the account of any member who has violated these general terms and conditions (in particular but without this example being exhaustive in any way, when the member has knowingly provided incorrect information, when registering and creating his personal space) or any account that has been inactive for at least one year. Such deletion shall not be likely to constitute damage to the excluded member who shall not be entitled to any compensation as a result. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts justify it.
In the event of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim any damage and will not be able to claim any compensation; the unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and cannot in any way give rise to the granting of damages by the site or its publisher. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the publisher of this site can therefore not be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are incorrect or incomplete.
The hypertext links on this site may lead to other websites and the publisher of this site cannot be held liable if the content of these websites contravenes current legislation. Similarly, the publisher of this site may not be held liable if the Internet user's visit to one of these sites causes him/her any damage.
All elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the permission of their owner. Any copy of logos, textual contents, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting. Any member who is guilty of counterfeiting may have his account deleted without notice or compensation and without such deletion constituting damage, without prejudice to any subsequent legal proceedings against him, at the initiative of the publisher of this site or his representative.
The site editor cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of the site's service, or others.
The publisher of the site, particularly in the online sales process, is only bound by an obligation of means.
The publisher of the Le Star website cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the products purchased, the publisher shall not be liable for any indirect damages resulting from this agreement, operating loss, loss of profit, damage or expenses, which may occur. The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial inability to use the products, in particular because of incompatibility of the equipment, may not give rise to any compensation, reimbursement or liability of the publisher, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i. e. if the customer is not a professional and the contract concluded to acquire the goods or services allows withdrawal, according to Article L 121-21-8 of the Consumer Code. In the event of non-delivery of an order or part of an order, the customer has 60 days from the scheduled delivery date to notify us in order to automatically cancel the order by sending a registered letter with acknowledgement of receipt.
The user expressly agrees to use the site at his own risk and under his sole responsibility. The site provides the user with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any case, Le Star cannot be held responsible under any circumstances:
- any direct or indirect damage, in particular as regards loss of profits, loss of profit, loss of customers, loss of data that may result from the use of the site, or, on the contrary, the impossibility of its use;
The site editor cannot be held liable for any technical unavailability of the connection, whether due to force majeure, maintenance, updating, modification of the site, intervention by the host, internal or external strike, network failure, power failure, or even incorrect configuration or use of the user's computer.
Each user is free to close his account on the site. To do this, the member must send an e-mail to the site indicating that he/she wishes to delete his/her account. No recovery of its data will then be possible.
These general conditions are subject to the application of French law. They may be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of his order or connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
Except for public policy provisions, any disputes that may arise in connection with the execution of these general terms and conditions may, before any legal action is taken, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal proceedings. Unless otherwise provided by public policy, any legal action relating to the performance of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
Mediation of consumption
According to article L152-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the trader shall guarantee to the consumer the effective use of a consumer mediation mechanism.
In this respect, Le Star SARL offers its private clients, in the context of disputes that have not been resolved amicably, the mediation of Mr Jérôme DUPRE, whose contact details are as follows:
- Name of the mediator: Mr Jérôme DUPRE
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.
The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of a legal request. The User may refuse the registration of "Cookies" or configure his browser to be notified before accepting "Cookies". To do this, the User will configure his browser:
- For Internet Explorer: ../en-FR/windows-vista/Block-or-allow-cookies
We will define below as "Basket" the intangible object grouping together all the goods or services selected by the user of the site for a purchase by, having clicked on these objects. As soon as the Internet user considers that he has selected and added to his basket all the items he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. It will then be redirected to a summary page on which it will read or where it will be informed of the number and characteristics of the products ordered, as well as their unit price.
If he wishes to validate his order, the Internet user must tick the box relating to the ratification of these general conditions of sale and click on the validation button. The Internet user will then be redirected to a page in which he/she will have to fill in the order form fields. In the latter case, he will have to provide a certain number of personal data concerning him, necessary for the proper processing of the order. Once the Internet user has completed the form, he will then be invited to make his payment with the payment methods listed in the section of these general conditions relating to payments. After a few moments, the Internet user will receive an e-mail confirming the order, reminding him/her of the content of the order and its price.
The products and articles sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
The Internet user can place an order on this site and can pay by credit card, cheque or bank transfer.
This site has no access to any data relating to the user's means of payment. Payment is made directly into the hands of the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery periods defined in the article below shall only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof by any means. The availability of the products is indicated on the site, in the description sheet of each item.
The delivery costs will be indicated to the customer before any payment and only concern deliveries made in metropolitan France. For any other place of delivery, it will be up to the customer to contact customer service...
Unless otherwise indicated on the site during the ordering process or in the description of the ordered products, the publisher undertakes to deliver the products within a maximum period of 30 days after receipt of the order.
The buyer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...); any anomaly must then be indicated by the buyer on the delivery note, in the form of handwritten reservations, accompanied by the buyer's signature. To exercise his right of refusal, the buyer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failure to comply with these requirements will prevent the buyer from exercising its right of refusal, and Le Star will not be required to grant the buyer's request to exercise its right of refusal.
If the buyer's package is returned to the publisher by the Post Office or other postal service providers, the publisher will contact the buyer upon receipt of the returned package to ask him to follow up on his order. If the buyer has mistakenly refused the package, he may request its return by paying the postal charges for the new shipment in advance. Postage will have to be paid even for orders for which the shipping costs were offered at the time of the order.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the customer is not a professional and the contract concluded to acquire the goods or services allows the withdrawal, according to Article L 121-21-8 of the Consumer Code), any product to be exchanged or refunded must be returned to Le Star in full and in perfect condition. Any defect resulting from a clumsiness or misuse by the buyer cannot be attributed to Le Star.
In accordance with Article L. 121-21 and paragraphs of the Consumer Code, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from the receipt by Le Star of the refund request. The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. If the above obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned to him at his own expense.
It is recommended to the buyer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach Le Star, it will not be possible to launch a survey with the postal services to ask them to locate it.
The return costs in the event of retraction remain the responsibility of the buyer.
After receipt and acceptance of the complaint, Le Star will communicate by email, fax or telephone to the buyer the terms of exchange or refund of the products. In order to properly process the request, the customer is requested to attach a copy of the invoice with any claim. Refunds will be made by cheque or bank transfer.
Any delay in delivery of more than seven working days may result in the cancellation of the sale at the consumer's initiative, upon written request by registered letter with acknowledgement of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, for the sums he has committed at the time of his order. This clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to terminate the sale provided for in this article.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
According to articles L. 211-1 to L. 212-1 of the Consumer Code, the seller is required to deliver a good in conformity with the contract and to answer for any lack of conformity existing during the delivery of the good. The guarantee of conformity may be exercised if a defect should exist on the day the product is taken possession of. However, where the defect appeared within 24 months of that date (or within 6 months if the order took place before 18 March 2016 or the product is sold second-hand), it is presumed to meet that condition. On the other hand, after this 24-month period (or 6 months if the order took place before 18 March 2016 or the product is sold second-hand), it will be up to the customer to prove that the defect existed at the time the goods were taken possession.
In accordance with Article L. 211-9: "in the event of lack of conformity, the buyer shall choose between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Guarantee against hidden defects:
According to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the guarantee for hidden defects if the defects presented did not appear at the time of purchase, were prior to purchase (and therefore did not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either render the product unfit for its intended use, or reduce this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known the defect).
Complaints, requests for exchange or refund for a non-compliant product must be made by post or e-mail to the addresses indicated in the legal notices on the site, within thirty days of the delivery date (this period does not apply in the event of a hidden defect, as previously stipulated). The shipping costs of returning the goods are the responsibility of the buyer.
In case of non-conformity of a delivered product, it may be returned to the seller who will proceed to its exchange. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the buyer will be refunded by check or transfer of the amount of his order.
The Star shall archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions. These terms and conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general terms and conditions are not transferable, transferable or sublicensable by the user himself.
A printed version of the Conditions and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the General Conditions. The parties agree that all correspondence relating to these general conditions must be written in French.
Any notice or notice concerning these general terms and conditions, the legal notices or the personal data charter must be given in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognised courier service that regularly tracks its packages, or by e-mail to the addresses indicated in the legal notices on the site, specifying your full name, address and purpose of the notice.
Any claim related to the use of the website, the service offered on this website, or any other related service, the pages of the website on any social networks or the terms and conditions, legal notices or personal data charter must be filed within 365 days of the day of the problem giving rise to the claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim shall be forever inapplicable in court.
It may be possible that there may be, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is inconsistent with the general conditions, legal notices or personal data policy. In addition, it is possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We are making every effort to ensure that these types of discrepancies are corrected.
In the event that we are unaware of such a situation, please contact us by post or e-mail at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright claims, please refer to the section on intellectual property.
In accordance with article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Customer can find below a standard withdrawal form for an order placed on the site, to be sent to Le Star by registered mail with acknowledgement of receipt. It is understood that the customer will bear the costs of returning the goods in the event of withdrawal, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by the Post Office, and that this withdrawal can only take place under the conditions of withdrawal stipulated in these general conditions of sale.
To the attention of Le Star, 15 rue Alfred Sauvy 31270, Cugnaux
Name, First Name and Address of the Client:
Date of the letter:
Dear Sir or Madam,
I wish to take advantage of my right of withdrawal provided for by article 121-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website http://www.videostarjeux.com and relating to the following good:
Date of the order:
Total amount including VAT:
Relying on you for your full cooperation,
All rights reserved - 21 March 2016