PREAMBLE

The website www.3dbakers.fr (hereinafter the “Website”) is operated and published by 3D Bakers , a limited liability company with capital of 5.000 registered in the Dijon Trade and Companies Register under number number 951 479 252 and having its registered office at 33 avenue Victor Hugo – 21000 DIJON ( hereinafter “the Company “).

The Website is hosted by INFOMANIAK .

These conditions of use of the Internet Site (hereinafter the “Conditions of Use”) and general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) define the rights and obligations of users of the Internet Site (hereinafter the “User” or “Users”) and of the Company’s customers, defined as any legal or natural person, regardless of whether they are consumers or professionals, purchasing the products, including in particular moulds, stamps, imprints and cookie cutters intended for pastry-making and manufactured in particular using a 3D printer, offered for sale by the Company on its Internet Site (hereinafter the “Products”) and/or by any of its partners (hereinafter the “Clients” or the “Client”), regardless of any clauses to the contrary that may appear in their documents of any kind, over which they take precedence.

All sales made with the Company imply the Customer’s full and unreserved acceptance of to the Terms and Conditions of Use of the Website and the General Terms and Conditions of Sale, which are freely available for consultation on the Internet Site and may be supplemented by special terms and conditions of sale. The special terms and conditions of sale are, where applicable, agreed between the Company and the Customer by any written means.

By placing a firm and definitive order with the Company for Products (hereinafter referred to as the “Order”), the Customer agrees to be bound by the terms and conditions of the Order. the ” Order “), the Customer certifies that all the information he/she has provided to the Company is true and sincere, and acknowledges having read the Terms of Use and the General Terms and Conditions of Sale.

It is the Customer ‘ s responsibility to regularly consult the most recent version of the Terms of Use and General Terms and Conditions of Sale on the Website, in particular to check whether any changes have been made.

If the Customer does not accept all or part of the Terms of Use of the Website or the General Terms and Conditions of Sale, then they must not access the Internet Site, or place
an order for the Products offered for sale on the Website.

I. CONDITIONS OF USE OF THE WEBSITE

Article 1 – Conditions of use of the Website

Access to the Website is reserved for all Users who certify that they are of legal age in their country, state or province of residence, or that they have given their consent to allow any minor dependent on them to use the Website.

The term User refers to any person who consults the Website, regardless of whether that person whether they are a consumer or a professional when they become a Customer.

Browsing the Website is free of charge. Telecommunication costs incurred when accessing the Internet and using the Website are borne by the User. There is no restriction on the time or duration of use of the Website.

These Terms and Conditions of Use apply to the social networks used by the Company to and coexist with the terms of use specific to each social network.

Article 2 – Accuracy of information provided on the Website

All the information and content (texts, descriptions, videos, sounds, photographs, etc.) published on the Website (hereinafter the ” Content “) is provided to Customers for information purposes only.

In the event that the Content is inaccurate or out of date, the Company will make the necessary corrections as soon as possible. will make the necessary corrections as soon as possible.

As the Content published on the Website is provided for information purposes only, the Company cannot be held liable for any damage or loss suffered by the Customer or any third party or any third party that may result from their inaccuracy or obsolescence.

Article 3 – Hypertext links

The Website may include hypertext links which may redirect Users to other websites. websites of third parties that are not affiliated to the Company. The Company is under no obligation to examine or evaluate the content or accuracy of these websites and does not guarantee or any responsibility for any content, website, products, services or other items accessible from these accessible via these hypertext links and on these third-party sites.

The Company cannot be held responsible for any damage or prejudice or prejudice suffered by the User or any third party which may result from the use of hypertext links or any other third-party third party elements that may appear on the Website.

Article 4 – Personal data – Compliance with applicable regulations

As part of and for the purposes of supplying its Products, the Company is required to collect and process personal data in its capacity as data controller.

In particular, in order to process his/her order, the Customer must communicate to the Company a set of information, some of which may constitute personal data. This information is collected when an order is placed.

The Company undertakes to do everything in its power to ensure the security and confidentiality confidentiality of the personal data collected and, in particular, to :

– retain only the data actually required to carry out its missions,

– authorise the internal sharing of this data solely in the interests of the Customer,

– permanently delete all data collected and produced for the Customer,

within a maximum period of twelve (12) months following the order.

In accordance with the aforementioned regulations , Customers may exercise their right to information, access, opposition, rectification, deletion and portability of their data by writing to writing to 3D Bakers – 33 avenue Victor Hugo – 21000 DIJON, or by e-mail to: contact@3dbakers.fr

The information collected by the Company is neither resold nor communicated to third parties except with the prior consent of the Customer.

Article 5 – Cookies

The proper operation of the Website and the services offered by the Company involves the installation of cookies on the User’ s computer at the time of connection in order to record information relating to browsing (pages visited, date and time of visit, etc.) and their identity. etc.) and their identity.

The cookies installed by the Company are kept for a period of twelve (12) months.

Users may refuse the use of cookies by configuring the following settings their browser software. It is the User’s responsibility to set the parameters, or risk encountering difficulties connecting to or browsing the Website.

Article 6 – Responsibilities

6.1.
La Société, qui est tenue d’une obligation de moyen, s’engage à mettre tout en œuvre
to ensure access to and the proper functioning of its Internet Site in order to present and supply its Products on a continuous basis.

The operation of the Website is dependent on numerous technical, technological and other parameters, technological and other parameters, The Company cannot exclude the possibility that this may be interrupted , particularly in the event of force majeure, failure of its host, malfunctioning of the User’ s computer equipment, Internet malfunctioning of the User’ s computer equipment, Internet network malfunctions, bugs or viruses or maintenance operations to improve the Website.

The Company reserves the right to modify or temporarily interrupt access to its Website, particularly for maintenance purposes , without prior notice or compensation. without notice or compensation.

Similarly , the Company reserves the right to make any changes and improvements to the Website modifications and improvements that it deems necessary or useful for the proper operation of its operation of its services.

Without this list being limitative, the Company cannot be held liable, for any direct or indirect prejudice or damage suffered or incurred by the Customer incurred by the Customer, the User or any third party , in particular as a result of constraints linked to the host, as in the case of maintenance, having repercussions on the accessibility of the Website, the use or impossibility of use of the Website, the loss of data and/or customers, loss of earnings, damage to brand image or any other commercial disturbance, communication, erroneous information, loss of use of any hardware or software, technical failures of the server hosting the Website, fraudulent behaviour or fault on the part of the Customer or the User, cancellation of payment or revocation of direct debit authorisation at the Customer’s initiative, malicious intervention, problems with the telephone or Internet connection, viruses, bugs, hijacking or computer piracy, problems of compatibility with a particular configuration and/or hardware, problems with the time taken to put information online, destruction of information supplied by the Customer, software or hardware malfunctions, failures or shortcomings of its partners, and shall not be held liable for malfunctions linked to the use of ancillary software.

In any event, the Company shall not be held liable, except in cases where the law specifies otherwise, in the event that the Customer or the User demonstrates a fault on the part of which was the direct and exclusive cause of the loss suffered and proven by the Customer or the User.

If this is the case, the Company will not accept responsibility for the claim, whatever the Company’s liability, the Client or User must notify the Company within 48 hours of hours of becoming aware of the said claim, except in the event of unforeseen circumstances or force majeure, notify the Company by registered letter sent to its registered office at 33 avenue Victor Hugo – 21000 DIJON, or by e-mail to: contact@3dbakers.fr.

In all cases the maximum amount of the sums for which the Company may be liable for any reason whatsoever for any reason whatsoever may not exceed the amounts covered by its insurance policies.

6.2.
Dans le cadre de l’utilisation du Site Internet, l’Utilisateur s’emploiera à respecter tout

laws and regulations at national and Community level, and will make a special effort to comply with them.

use of the Website strictly in accordance with its technical specifications.

In particular, the User undertakes not to use the Website or its content: (a) for the purposes of

(b) to incite third parties to carry out illegal acts or to take part in them

infringe any regional ordinance or any international law, rule or regulation,

(d) to infringe or violate our proprietary rights; (e) to violate the rights of a third party.

( e) to harass, abuse, insult or injure,

defame, slander, denigrate, intimidate or discriminate against any person on the grounds of sex, race, national or ethnic origin.

sexual orientation, religion, ethnic origin, race, age, origin, gender, sexual orientation, sexual orientation, religion, ethnic origin, race, age, origin, sexual orientation, sexual orientation, religion, ethnic origin, race, age, origin

disability; (f) to submit false or misleading information; (g) to submit false or misleading information; or (h) to submit false or misleading information.

to upload or transmit viruses or any other type of malicious code that will be or

could be used in such a way as to compromise the functionality or operation of the Site

Internet or any other associated or independent website , or from the Internet; (h) to gather or

track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet.

In all cases, the User undertakes to guarantee, indemnify and hold harmless the Company, without limitation as to amount, against any claim or action by any natural or legal person against the Company, as well as their direct or indirect consequences, financial or otherwise, resulting from the use of the Website and the Company ‘s services.

In the event of fraudulent use of the Website by

the User, the Company authorises itself to communicate all the necessary information to the User.

the competent bodies responsible for combating the said frauds and offences.

II. GENERAL TERMS AND CONDITIONS OF SALE

3D Bakers sells products (hereinafter the ” Products ” ) on its Website www.3dbakers.fr to both consumers and professionals.
The Company being unable to know the quality with which the Customer is contracting, the Customer acknowledges that, depending on the capacity with which they are contracting, consumer or professional the General Terms and Conditions of Sale will apply according to the specificities to the consumer or professional referred to below.below.

Article 1 – Purpose and scope of the General Terms and Conditions of Sale
The General Terms and Conditions of Sale govern exclusively the sale of Products by the Company to its Customers, and together with the General Terms and Conditions of Use and the online Order, constitute the contractual documents binding on the Parties, to the exclusion of all other documents, brochures, catalogues or photographs of the Products, which are for information purposes only.
Article 2 – Availability Availability and enforceability of the Terms and Conditions of Sale
A copy of the Terms and a copy of the General Terms and Conditions of Sale.
The General Terms and Conditions of Sale are binding on the Customer , who acknowledges, by ticking a box provided for this purpose on the Website, having read and accepted them before placing an Order.
Confirmation of the Order by the Customer on the Web Site in accordance with the double-click procedure, implies the Customer ‘s full and unreserved acceptance of the Terms and Terms and Conditions of Sale in force on the date of the Order, which are kept and reproduced by the Company in accordance with article 1127-2 of the French Civil Code.
The Customer declares that he accepts the General Terms and Conditions of Use, having read them on the Website.
Article 3 – Products sold on the Online Shop

3.1.
Caractéristiques :
The Products offered for sale on the Website via the online shop (hereinafter the “Online Store”) are each the subject of an optional description drawn up by the Company mentioning their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.
The Online Shop offers for sale standard Products and in particular any Product which is not a Customised Product as defined in article 3 of these General Terms and Conditions of Sale.
The Company uses its best efforts to display as clearly as possible the characteristics (dimensions, finishes, composition, etc.) of its Products on its Internet Site, but cannot guarantee their strict accuracy.) of its Products on its Internet Site as clearly as possible, but cannot guarantee that they are strictly accurate, in particular because of the computer equipment used by the Customer and the display that may result.
The Company reserves the right to modify or delete at any time, at any time, without prior notice or information to the Customer, any Content published on its Internet Site.
All of the Content, including in particular the photographs or visual graphics illustrating the Products are not contractual.
3.2.
Mode d’emploi :
The instructions for use of the Product, if this is an essential element, is mentioned on the Web Site or communicated to the Customer at the latest upon delivery.
In any event, the Company shall not be liable for any lack ofmaintenance or poor maintenance of the Products ordered by the Customer.
3.3.
Conformité :
The Products comply with the legal requirements of French law relating to the health and safety of persons, fair trading and, where applicable, consumer protection when they are placed on the market.
3.4.
Disponibilité des stocks :
Products are delivered while stocks last.
If the Products ordered are unavailable, the Company will inform the Customer within 5 working days of placing the order and may offer the Customer a Product of equivalent quality and price.
If the Customer does not agree, the Company will refund the sums paid within two (2) months. Apart from reimbursing the Customer for the price of the unavailable Product, the Company is not obliged to pay any cancellation compensation.
The Company reserves the right, but is not obliged, to limit, on a case-by-case basis if necessary, the sale of certain of its Products or services to any person, and in any geographical region, as well as the quantities of its products or services.
Article 4 – Made-to-measure products
4.1.
Caractéristiques :
Products made to measure by the Company (hereinafter the “Customized Products”) are subject to a specific order and payment process.
A Custom Product is any product manufactured by the Company at the specific request of a Customer according to specific criteria agreed between the Company and the Customer and formalized in a quote signed and accepted by the Customer.

The Company provides in the quote accepted by the Customer as clearly as possible the characteristics (dimensions, finishes, composition, etc.) of the Custom Product(s), but cannot guarantee their strict fidelity, in particular due to the computer equipment. used by the Customer and the display that may result.
Signing the quote is good for the Order. The quote may include the creation of a prototype and 3D design costs. In the event of a request to manufacture a new prototype, a new quote is established and design costs for this new prototype will be invoiced.
Signing the quote constitutes full acceptance of the General Conditions of Sale.
Payment of a deposit may possibly be requested when placing the Order.
4.2.
Mode d’emploi :
The instructions for use of the Customized Product, if it is an essential element, are mentioned on the Quote or communicated to the Customer at the latest upon delivery.
In any event, the Company is not responsible for lack of maintenance or poor maintenance by the Customer of the Custom Products ordered.
4.3.
Conformité :
The Products comply with the legal requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.
4.4.
Volumes de production :
The Products are delivered in the quantities agreed in the signed quote(s).
Regarding Customized Products, the order is final and the Customer cannot withdraw, whatever the reason given.
The Company reserves the right, without being obliged to do so, to limit, on a case by case basis if necessary, the sales of certain of its Products or services to any person, and in any geographical region, as well as the quantities of its products or services.

Article 5 – Offer
5.1.
Domaine :
The online sales offers presented on the Internet Site are reserved for Customers residing in France and deliveries are made on French territory.
5.2.
Durée :
The online sales offers presented on the Website are valid, in the absence of any indication of a specific duration, for as long as the Products appear on the website, while stocks last.
5.3.
Acceptation :
Acceptance of the offer by the Customer is validated by confirmation of the Order online in accordance with the double-click procedure.
Article 6 – Ordering
6.1.
Exactitude des informations :
The Customer, who certifies that he/she is of legal age in his/her country, state or province of residence, or that he/she has given his/her consent to allow any minor dependent on him/her to use the Website, undertakes to provide the Company with all the information required to benefit from the Company’ s Products offered on its Internet Site, and in particular their full name or company name in the case of legal entities, telephonenumbers, e-mail address and postal address, which must be accurate, complete, true and up-to-date.
In the event that the Customer provides false, inaccurate, outdated or incomplete information, the Company reserves the right to suspend the Order, the Company reserves the right to suspend or terminate the Order or terminate it immediately, or prior notice to the Customer.
6.2.
Étapes de la Commande pour les Clients personnes physiques :
To place an order, the Customer must first provide information about their identity, delivery and method of payment, and then fill in their virtual shopping basket, delivery and payment details and filled in their virtual shopping basket indicating the products selected and the quantities required, then double-click on the “Proceed to Checkout ” button to confirm your purchase.
Before clicking on the “Checkout” button the Customer has the opportunity to check the details of their Order and its total price and to return to the previous pages to correct any errors or modify their order.
An e-mail acknowledging receipt of the order and payment will be sent to the Customer by the Company as soon as possible. payment is sent to the Customer by the Company as soon as possible.
6.3.
Dimensions :
the Company undertakes to respect the packaging and dimensions provided for information purposes on the the Internet Site when ordering the Products in question as far as possible.
6.4.
Confirmation et validation de la Commande :
Confirmation of the Order by the Customer on the Web Site using the double-click procedure double-click process constitutes pure and simple acceptance of the Product order by the Customer.
By confirming the Order, the Customer certifies that all the information provided to the Company by
is true and accurate.
The Company reserves the right to refuse any Order for legitimate reasons, in particular if the quantities of Products ordered are abnormally high for Customers who are consumers.
In the case of serious fraud (falsification, concealment, etc.) or suspected fraud, the Company authorises itself to communicate all the necessary information to the competent bodies responsible for combating such fraud.
6.5.
Modification de commande :
Any request to modify an Order must be made by e-mail to contact@3dbakers.fr. Any modification of the Order by the Customer is subject to acceptance by the Company, which reserves the right to refuse the modification requested by the Customer. Any modification of the Order by the Customer is subject to acceptance by the Company, which reserves the right to refuse the modification requested by the Customer.
The Company reserves the right to make modifications to the Product ordered in line with technical developments, in accordance with the conditions set out in article R. 212-4 of the French Consumer Code.
Article 7 – Contract
7.1.
Conclusion :
The sales contract is formed when the Customer confirms the Order (hereinafter referred to as the ” Contract “).
7.2.
Archivage et preuve :
Communications and invoices are archived on a reliable and durable medium in such a way as to so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code. These communications and invoices may be produced as proof of the Contract.
7.3.
Résolution :
The Order may be cancelled by the Customer by registered letter with acknowledgement of receipt in accordance with the terms and conditions set out in the French Civil Code.

The order may be cancelled by the Company, at the Customer ‘s expense, in the event of:
– the Customer refuses to take delivery of the Product;
– non-payment of the price at the time of delivery of the Product.
The Order will be cancelled by registered letter with acknowledgement of receipt or by e-mail and will be automatically acquired without any judicial formality. by registered letter with acknowledgement of receipt or by e-mail, and shall be effective ipso jure without any legal formalities.
Article 8 – Prices and billing
8.1.
Prix de vente :
In accordance with article L. 112-1 of the French Consumer Code, are indicated, for each of the Products listed on the Web Site, in euros, inclusive of all taxes, excluding delivery and carriage costs mentioned before the Order is confirmed and invoiced in addition where applicable.The total amount due by the Customer is indicated on the Order confirmation page.

8.2.
Modification :
The Company reserves the right to modify its prices at any time, while guaranteeing that the Customer will be charged the price in force on the date of the Order.
8.3.
Frais :
Any additional transport, delivery or postage costs, of which the Customer is aware prior to placing the order, are payable by the Customer. Costs that cannot be reasonably calculated in advance are also payable.
8.4.
Facturation :
Invoices issued by the Company are sent by e-mail to the Customer in electronic format as soon as delivery has been made. The Client must therefore have Internet access and a valid e-mail address. It is the Client’s responsibility to notify the Company of any change to their e-mail address so that they can receive their electronic invoice by e-mail. The electronic invoice will be the legal document justifying
the call for payment issued by the Company. The Client may, on request, opt for paper invoicing, which will be sent by post.
8.5.
Escompte :
No discount is applied.
Article 9 – Payment
9.1.
Exigibilité :
The price including VAT , plus carriage costs in particular, is payable in full once the Order has been confirmed.
The sale price of each Product includes VAT at the current rate.
With the exception of sums paid which are reimbursed if the Product ordered is unavailable under the conditions set out in article 9.4 of the General Terms and Conditions of Sale, any sum paid in advance of the price shall accrue interest at the legal rate on the expiry of a period of three months from the date of payment until delivery of the Product or, failing that, the return
of the sum paid when the Order was placed.
Payment of the full price shall be made immediately when the Order is placed by credit card via a secure online payment system or via Paypal.

The general terms and conditions of the payment system chosen by the Customer apply to the Customer independently of these General Terms and Conditions of Sale.
In the event of an Order for Customised Products and unless an agreed deposit is paid when the quotation is signed, the price is payable in cash on the day the invoice is sent to the Client.
The Client undertakes not to useany grounds fora claim against the Company to defer payment for the product (s ) ordered, or to claim compensation or indemnity.
9.2.
Paiement supplémentaire :
Prior to the conclusion of the Sales Contract, the Company shall obtain the Customer ‘s express consent to any additional payment in addition to the price of the main object of the contract. In the event that the additional payment results from the Customer ‘s consent given by default, i.e. in the absence of express opposition on their part to paying options that they have not requested, the Customer may claim reimbursement of the sums for this additional payment.
9.3.
Retard de paiement :
Any sum not paid on the due date shall be liable, without notice of default, for late payment interest calculated on the basis of three times the legal interest rate legalinterest rate on the amount of the outstanding price including VAT, notwithstanding any payment deadlines or payment plans that may have been granted to the Customer prior to its default.
9.4.
Défaut de paiement :

Where the Customer is a consumer, the Company reserves the right, if the price is not paid in full by the due date, either to request performance of the sale or to terminate the Contract by registered letter with acknowledgement of receipt or by e-mail and to retain, by way of compensation, the price paid or any deposit paid by the Customer when the Order was placed.
Where the Customer is a professional, failure to pay for the Services by the due date shall result in all outstanding sums becoming immediately due and payable, regardless of the method of payment used. Failure to pay will also result in the application of late payment penalties payable on the day following the date of payment on the invoice and at an interest rate equal to 3 times the legal interest rate in force on the day of delivery of the goods. Late payment interest is calculated on the amount, including VAT, of the sums still due.
Penalties are payable without the need for a reminder.
In addition to late payment penalties, any sum, including any deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of €40 per invoice, in respect of recovery costs.
9.5.
Clause de réserve de propriété :
the Company remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as ownership has not been transferred, to take all necessary precautions to ensure the proper conservation of the products.
Article 10 – Delivery
10.1.
Définition :
Delivery means the transfer to the Customer of physical possession or control of the Product.
10.2.
Délai de livraison :
the Company will make its best efforts to respect the delivery times indicated in the Order for each of the products, it being specified that this time limit is set at a maximum of 7 working days starting to run from the day after confirmation of the order by e-mail. This lack of guarantee is due in particular to the availability of the Company’s teams and the carriers responsible for delivering the goods.
Products.
Delays attributable to the Company, the carrier in charge of delivery or a third party cannot under any circumstances justify the cancellation, modification or postponement of the order or other orders already confirmed, nor give rise to a request reduction of the price, penalties or damages of any kind.
Any modification to an Order in progress may result in an extension of delivery times.
10.3.
Retard de livraison :
If the product ordered is not delivered within 15 working days of the agreed delivery date or agreed delivery date or the expiry of the period mentioned in the Order, the Customer may, after having unsuccessfully requested the Company to fulfil its obligation delivery obligation within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.
10.4.
Modalités de livraison :
Products are delivered to the address indicated by the Customer when placing the Order.
When the Product is delivered to the address indicated by the Customer by a carrier, it is the Customer ‘ s responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or missing items, reservations on the delivery note or or on the delivery receipt.
10.5.
Conformité du Produit :
If the Product does not comply with the Order, the Customer must send a complaint to the Company with a view to obtaining a replacement replacement of the product or the cancellation of the sale.
10.6.
Défaut de livraison :
In the event of total non-delivery , the contract of sale shall be automatically terminated and the Customer will be reimbursed the sums paid, unless the failure to deliver is due to the Customer’s fault.
10.7.
Livraison et transfert du risque :
The risk of loss or damage to the Products are transferred to the Customer at the time he/she, or a third party designated by him/her, takes physical possession of the goods, regardless of their nature, or a third party designatedby the Customer, takes physical possession of the goods, regardless of their nature. The product, which is delivered to the Customer by a carrier depending on the option chosen, travels at the Customer ‘s risk from the moment the goods are handed over to the carrier.
10.8.
Réserve de propriété :
Ownership of the Product is transferred to the Customer upon full payment of the sale price and related costs.
Article 11 – Legal guarantee of conformity and guarantee of hidden defects
11.1.
Information du Client :
All products supplied by the Company benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code and/or the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.
11.2.
Mise en œuvre de la garantie légale de conformité :
If the Customer wishes to implement the legal guarantee of non-conformity, he must send the Company a letter to its head office or an e-mail to: contact@3dbakers.fr.

When acting as a legal guarantee of conformity, the Customer:
– benefits from a period of two years from the delivery of the property to take action;
– if he is a consumer, can choose between repairing or replacing the good, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
– if he is a consumer, is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
11.3.
Mise en œuvre de la garantie des vices cachés :
The Customer may decide to implement the guarantee against hidden defects in the Product sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.
Article 12 – Guarantee clauses
12.1.
Clause exonératoire :
Clauses exonerating or limiting the rights granted to Customers under legal guarantees, which are deemed unwritten when they are concluded before any complaint on their part, are valid when they are concluded after complaint under article L. 241-5 of the Consumer Code.
12.2.
Loi applicable aux garanties :
The French law applicable to the Contract cannot have the effect of depriving the Customer residing in another Member State of the provisions on the guarantees granted to him by his national law in application of the directive of May 25, 1999 concerning the sale and guarantees of goods of consumption.
Article 13 – Guarantee of conformity
If upon delivery the Customer considers that the Product does not correspond to the characteristics chosen during the order confirmation, he must send a complaint of non-conformity. He may be asked to return the Product.

After examination by the Company, the Product may be, where applicable and, according to the Customer’s choice, withdrawn and reshipped or refunded in the form of a credit or by any other means of payment determined by the Company.
However, in the event that the Company does not validate the Customer’s complaint, the initial order will be returned to the Customer. Return costs will be at your expense.
Article 14 – Product safety defect
In the event of damage caused by a safety defect in the product, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the Product packaging.
Article 15 – Penal clause
In all cases of non-performance of its obligations by the Customer, all sums paid when ordering remain with the Company as compensation.
Article 16 – Liability

The Company cannot be held liable in the event of non-performance or poor performance of the Contract due either to the Customer, or to the insurmountable and unforeseeable act of a third party to the Contract, or to force majeure or any other event independent of the will of the Company.
The Company cannot be held liable for non-compliance of the Products with the legislation of the Customer’s country, who is responsible for verifying whether the product is not prohibited for sale in his country.
The Customer alone assumes the risks and perils resulting from the use of the Products ordered on the Website and assumes full responsibility.
The Company cannot be held responsible for any damage or harm suffered by the Customer or any third party which could result from the use of Products ordered on the Website.
Consequently, the Client undertakes to guarantee, indemnify and relieve the Company, without limitation of amount, against any claim or action of any natural or legal person against the Company, as well as their direct or indirect consequences, financial or not, due to the use of the Products ordered on the Website and, in general, due to non-compliance with the obligations to which the Customer is bound under the terms in particular of the General Conditions of Sale or the Conditions of use of the Website.
Article 17 – Right of withdrawal
17.1.
Application du droit de rétractation :
When the Customer is a consumer within the meaning of consumer law, he has a period of 14 days from receipt of the purchased product to exercise his right of withdrawal in accordance with article L.221-18. of the consumer code.
To exercise his right of withdrawal, the Customer must send the Company a letter addressed to its head office located at 33 avenue Victor Hugo – 21000 DIJON, or by e-mail to: contact@3dbakers.fr his decision to withdraw from the Contract at by means of an unambiguous declaration. The Customer can use the withdrawal form template which can be downloaded here.
From the communication of the Customer’s decision to withdraw, the latter has 14 days to return the Products, at their expense, accompanied by the corresponding invoice and the withdrawal form duly completed and signed. Only products in new and complete condition will be accepted (with instructions and accessories if applicable), returned in their original packaging. For the return of unsuitable product(s), the Customer will choose the carrier of their choice and will be responsible for the packaging and protective measures necessary for the delivery of the package, in order to avoid any risk of damage. HAS
For this purpose, it is essential that the Customer keeps the Products to be returned in their original packaging and in the condition in which they were delivered.
Any request for reimbursement can only be taken into account after receipt of the Products returned to the Company and subject to their good condition. Products returned incomplete, damaged, soiled by the Customer or falling within cases of non-application of the right of withdrawal, cannot be subject to a right of return.

Any return must first be reported to the Company by mail addressed to its head office located at 33 avenue Victor Hugo – 21000 DIJON, or by e-mail to: contact@3dbakers.fr.
17.2.
Remboursement :
Once the Product is returned and deemed compliant by the Company, reimbursement will take place within a maximum of 14 days with deduction of any transport and insurance costs, following the first of the following events (article L.121-24 of the code of consumption):
– Return of the package to the initial place of shipment
– The transmission by the Customer of proof of shipment of the return: name of the carrier, tracking number and validation of handling of the package by the carrier.
The refund method will be identical to the payment method for the order concerned.
17.3.
Non application du droit de rétractation :
The right of withdrawal cannot be exercised in particular in the following cases (article L121.21.8 of the Consumer Code):
– Customized Products or goods made according to the Customer’s specifications or clearly personalized.
Article 18 – Promotions and Competitions
18.1: Promotions: In the event of a promotion, the Company undertakes to apply the price
promotional to any Order placed during the promotion period on products eligible for the promotion.
18.2: Competition Games: The Company may, from time to time, organize free games through its Website or its social networks without obligation to purchase (hereinafter the “Competition Games”).
Participation in the Competition implies full acceptance of the conditions referred to in this article as well as the General Conditions of Use.
Any person who meets the criteria laid down by the Contest launched becomes a Participant (for example, subscribing to the Company’ s Instagram account, tagging several people, etc.).
Each Participant will be included in the list of persons eligible to be drawn.
The Participant is informed and accepts that the information entered in the the “post” or the publication will constitute proof of his/her identity.
Any participation made contrary to the provisions of this article will render the participation invalid. Any Participant suspected of fraud may be excluded from the Contest by the Company without having to justify this. Any identification or participation that is incomplete, erroneous or illegible, whether deliberately or not, or made in a form other than that provided for in this article, will be considered null and void. The same penalty will apply in the event of multiple entries.
The prizes at stake are provided by the Company or one of its partners.
The winner(s) of the Contest will be announced by the Company by any means, and the Company will contact them to give them the prize(s) won.

The winner(s) undertake(s) to accept the prize(s) won as offered, without any possibility of exchange, in particular for cash, other goods or services of any kind whatsoever, or transfer of the benefit to a third party. Similarly, the prize(s) may not be the subject of requests for compensation.
The Company reserves the right, in the event of the occurrence of an event beyond its control, in particular linked to its suppliers or to unforeseeable circumstances, to replace the prize(s) announced by prizes of equivalent value. The winner(s) will be kept informed of any changes.
The personal data collected as part of the Contest Game will be processed solely by the Company in order to execute the rights and obligations resulting from the Contest Game and its rules. It will be kept for the time necessary to fulfil these rights and obligations.
The winner(s) authorise(s) the Company to publish their first and last names on the Website or social networks, without this conferring on it any remuneration, any remuneration, right or advantage whatsoever, other than the award of his/her prize(s).
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, all Participants have the right to access, rectify, delete, deletion, portability and limitation of the processing of their personal data, to the following address 33 avenue Victor Hugo – 21000 DIJON, or by e-mail to : contact@3dbakers.fr.
The Company may not be held liable in the event of force majeure or a force majeure or unforeseen circumstances beyond its control.
The Company and its service providers and partners may under no circumstances be held liable for any incidents that may occur during the use of the prizes by the winners or for the loss or theft of the prizes by the winners once they have taken possession of them. Any additional cost required to take possession of the prizes may be charged to the winners at
.
The Company reserves the right to settle any difficulty that may arise regarding
the interpretation or application of these conditions, it being understood that no dispute will be admitted, in particular regarding the terms and conditions of the Contest, the results, the winnings or their receipt, one month after the end of the contest.
Article 19 – Optional tools and services
The Company may provide access via its Website to tools, products or services from third parties over which the Company exercises neither monitoring The Client alone assumes the risks and perils resulting from their use.
The Company may not be held liable for any damage or loss suffered by the Customer or any third party the Customer or any third party that may result from the Customer’ suse of third-party tools or services.

The Company is not a party in any capacity whatsoever to the relationship between the Customer and any third party, the latter are solely responsible for any difficulties claims and disputes that may arise between them.
Consequently, the Customer undertakes to guarantee, indemnify and hold harmless the Company, without limitation as to the amount, against any claim or action by any natural or legal person against the Company, as well as their direct or indirect consequences, financial or otherwise, as a result of the Customer ‘ s use of third-party tools or services.
Article 20 – Comments, suggestions and other proposals from users of the Site Internet and Customers
If the Website User or the Client submits specific content to the Company, such as, but not limited to, creative ideas, sounds, videos, photographs, suggestions, proposals, plans or other elements, whether online, by e-mail or by post (hereinafter the “Comments”), the Website User or the Client authorises the Company, at all times, without financial consideration or restriction, to exploit their Comments, modify them, edit them, copy them, publish them, distribute them, translate them and use them in any media.
The User of the Website and the Customer shall ensure that their Comments do not infringe the rights of third parties and do not contravene the Laws and Regulations in force, of national, European and international scope, as well as public order and morality.
In particular, Website Users and Customers undertake not to reproduce protected works (text, photos, videos, sounds, etc.) without authorisation from their authors or the holders of the rights their authors or the holders of the rights relating to these works.
The user of the Internet Site and the Customer shall refrain in particular from any Comments of an illicit, pornographic, xenophobic or racist nature or relating to any proselytising relating to sectarian movements such as those denounced in the parliamentary report “Sects in France”, or considered to represent a sectarian risk for State services, this list being non-exhaustive.
Although no moderation is the responsibility of the Company, the Company nevertheless reserves the right to delete, without prior notice or information, any Comment that contravenes its General Terms and Conditions of Sale and/or its Terms and Conditions of Use of its Website.
The Company may not be held liable for any prejudice whatsoever resulting from the Comments made by the Website User and the Client, who undertake to guarantee, indemnify and hold harmless the Company, without limitation as to amount, against any claim or action by any natural or legal person against the Company, as well as their direct or indirect consequences, financial or otherwise, as a result of their Comments and their possible publication on the Website or any other medium.
Article 21 – Intellectual property
All elements of the Website, whether visual or audio , trademarks, logos graphics, photographs, animations, videos, texts or any other published content, including its structure and tree structure, as well as the databases and technology making it up or enabling its operation and/or use, are the exclusive property of the Company or are licensed to it for use for use and are protected by the French Intellectual Property Code.
Any total or partial reproduction of the Website is expressly prohibited by articles L. 342-1 and L. 342-2 of the French Intellectual Property Code.
The use of the content of this site for commercial purposes is expressly prohibited.
All Products are protected by copyright, trademark law and patent law, they may not be reproduced, copied, misappropriated , used, marketed or represented without the express priorauthorisation of the Company, and any reproduction, use or distribution of these elements without prior written authorisation , will render offenders liable to prosecution.
Article 22 – Sub-contracting and assignment of the Contract
The Company reserves the right to sub-contract all or part of its obligations under the Contract to any third party of its choice.all or part of its obligations under the Contract to any third party of its choice, without the Customer being able to object.
The Company reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, all or part of its rights and obligations under the Contract between it and the Customer.

The Customer hereby accepts such a substitution.

III. PROVISIONS COMMON TO THE GENERAL TERMS AND CONDITIONS OF SALE AND THE TERMS AND CONDITIONS OF USE

Article 1 – Force majeure Force majeure
The Company ‘s obligations shall be suspended in the event of the occurrence of any control that prevents or delays the performance of its obligations, equivalent to force majeure.
The Company shall not be liable for total or partial non-performance of its obligations, if this non-performance is caused by an event constituting force majeure, i.e. unforeseeable, irresistible and beyond the control of the parties.
Interruptions, breakdowns, sabotage of the means of telecommunication, fires, floods, wars, strikes, lock-outs, epidemics, health crises, delay in delivery by suppliers shall be deemed to be force majeure, even if they are only partial and whatever the cause, which the Customer expressly accepts.
The Company will thus be released from its obligations for the duration of the event.
Where applicable, the company will inform the Customer by e-mail the company will inform the Customer by e-mail at the latest within within 7 working days of the occurrence of the said event of force majeure , indicating its duration and foreseeable the foreseeable consequences and will do everything in its power to limit the scope of the event.

The performance of the obligations will resume its normal course as soon as the event constituting force majeure has ceased. After a period of one (1) month of suspension due to force majeure, the Company will be definitively released from its obligations and exonerated from any liability resulting from the force majeure suffered in this way.
Article 2 – Modification of the General Conditions of Sale and Conditions of Use of the Website
The Company reserves the right to modify all or part of the Content published on its Website, its General Conditions of Sale and its Conditions of use of its Website, which the Customer already accepts.
Article 3 – Waiver
It is formally agreed that any tolerance or waiver by the Company, in the application of all or part of the undertakings set out in the Contract and its General Terms and Conditions of Sale and Terms and Conditions of Use of its Website, regardless of their frequency or duration, does not constitute a modification of it, nor generate any right whatsoever.
Article 4 – Partial invalidity and nullity Partial invalidity and nullity
The invalidity or inapplicability of of any of the stipulations of the General Terms and Conditions of Sale the Company ‘ s Terms and Conditions of Use shall not render null and void the other nullity of the other stipulations , which will retain all their force and scope.
In the event that one or more stipulations of the General Terms and Conditions of Sale or the company’s Terms and Conditions of Use are declared null and void or inapplicable in application ofa law, a regulation or followinga court decision that has become final, the other stipulations of these Conditions will continue to apply under the same terms and conditions.
Article 5 – Language, applicable law and competent court
The Terms of Use, the General Terms and Conditions of Sale as well as all the contractual information mentioned on the Website are written in French.
The Contract, the General Terms and Conditions of Sale and the Terms and Conditions of Use are governed by French law.
For any dispute between the Parties, jurisdiction is given to the Commercial Court of Dijon (21), which will have sole jurisdiction regardless of the cause, the nature and location of the dispute, even in the event of a warranty claim or multiple defendants.
The competent court will be that of the place of residence of the company notwithstanding the cause, nature and location of the dispute, even in the event of a warranty claim or multiple defendants.
The consumer Customer is hereby informed that he/she may refer the matter to a consumer mediator under the conditions set out in article L.611-1 et seq. of the French Consumer Code , whose contact details are as follows: [***]
Article 6 – Entire Agreement
The General Terms and Conditions of Sale and the Terms and Conditions of Use, any special conditions or any other contractual document published by the Company on its Company on its Internet Site constitute the entire Contract between the Company and the Client.
Article 7 – Entry into force

This version of the Preamble, the General Conditions of Use and the General Conditions of Sale are in force as of June 1, 2023.