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Terms and Conditions

ARTICLE 1: PURPOSE

1.1 These General Terms and Conditions of Sale (GTC) aim to define the rights and obligations of the Seller and the Buyer in the context of the sale of products and services offered by the Seller.

SARL SPACE DELIRIUM, registered with the Arras Trade and Companies Register under number 885 060 483, with VAT number FR73885060483, and headquartered at 152 rue du Galibier, 62223 Saint-Nicolas, France, hereinafter referred to as the Seller.

Any individual or legal entity wishing to browse and/or purchase products or services offered for sale by the company SPACE DELIRIUM, hereinafter referred to as "the Buyer."

1.2 These GTC apply to all sales of products and services made by the Seller, whether through its website, by telephone, by email, or any other means of communication.

ARTICLE 2: ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE

2.1 These General Terms and Conditions of Sale (GTC) are accessible at any time on the Seller's website and shall prevail, where applicable, over any other version or conflicting document.

2.2 The purchase of products and services by the Buyer implies the unconditional acceptance of these GTC, which take precedence over any other specific conditions or general purchasing conditions issued by the Buyer.

2.3 These GTC apply to all products and services offered by the Seller, to the exclusion of any other document, unless there is a prior written agreement from the Seller.

2.4 Any contrary condition put forth by the Buyer will, in the absence of the Seller's express and written acceptance, be unenforceable against the Seller, regardless of when it may have come to the Seller's attention.

2.5 The fact that the Seller does not assert any of these GTC at a given time cannot be interpreted as a waiver of the right to assert any of these conditions at a later date.

ARTICLE 3: PRODUCTS AND SERVICES

3.1 The products and services offered by the Seller are those listed on the Seller's website or in any other communication medium of the Seller, such as catalogs, brochures, or pamphlets, accompanied by a detailed description of their main characteristics.

3.2 The Seller reserves the right to modify or improve its products and services at any time without prior notice, provided that such modifications will not affect orders in progress or orders already accepted by the Seller.

3.3 Photographs, illustrations, drawings, and descriptions of the products and services offered on the Seller's website or in any other communication medium of the Seller are provided for reference purposes and are not contractual. The Buyer is encouraged to refer to the detailed description of each product or service to understand its precise characteristics.

3.4 The Seller shall not be held responsible for minor differences between the photographs, illustrations, drawings, or descriptions of the products and services and the products and services delivered.

3.5 Products and services are offered subject to availability. In the event of unavailability of a product or service after the order has been placed, the Seller will inform the Buyer by email or by phone as soon as possible and will either offer a substitute product or service of equivalent quality and price or refund the price of the unavailable product or service within a maximum of thirty (30) days following the Buyer's request.

3.6 The Seller reserves the right, at any time and without prior notice, to withdraw or suspend the sale of any product or service.

ARTICLE 4: PRICES AND CURRENCIES

4.1 The prices of the products and services offered by the Seller are those listed on the Seller's website or in any other communication medium of the Seller at the time of the Buyer's order. Prices are quoted in euros (€). Prices are inclusive of all taxes (TTC) for Buyers located in the EU and exclusive of taxes (HT) for Buyers located outside the EU.

4.2 The Seller reserves the right to modify the prices of its products and services at any time and without prior notice. However, price changes will not affect orders in progress or orders already accepted by the Seller.

4.3 Shipping and handling fees are charged in addition to the price of the products and services ordered, unless otherwise stated or as part of an ongoing promotional offer. Shipping and handling fees are indicated at the time of order placement and are subject to the Buyer's acceptance.

4.4 Promotional offers and price discounts granted by the Seller are valid for the duration and under the conditions specified in the respective offer or discount. They cannot be combined with each other and cannot be applied retroactively to orders that have already been placed.

ARTICLE 5: ORDERS

5.1 To place an order, the Buyer must select the products and services they wish to purchase on the Seller's website or through any other means provided by the Seller (e.g., by phone or email). The Buyer must then provide the necessary information for delivery and billing, including but not limited to their name, address, phone number, and email address.

5.2 Placing an order by the Buyer constitutes an offer to purchase the selected products and services, which the Seller is free to accept or decline. Acceptance of the order by the Seller is confirmed by sending an order confirmation email to the Buyer, specifying the order details, the total price, shipping and handling fees, and payment terms.

5.3 The Seller reserves the right to refuse or cancel any order, especially in cases of errors or inaccuracies in the information provided by the Buyer, payment issues, product or service unavailability, or for any other legitimate reason. In such cases, the Seller will inform the Buyer of its decision by email and will proceed, if necessary, with the refund of any payment already made by the Buyer for the relevant order.

5.4 Orders are only considered final upon the actual and full receipt of payment by the Seller. In the event of non-payment or incomplete payment of the price, the Seller reserves the right to cancel the order and refuse delivery of the ordered products and services.

5.5 The Buyer is responsible for the accuracy of the information provided when placing the order. The Seller shall not be held responsible for errors or omissions in this information, particularly in cases of delays or delivery impossibility due to such errors or omissions.

ARTICLE 6: PAYMENT TERMS

6.1 The prices of the products and services offered by the Seller are indicated in euros excluding delivery costs. The Seller reserves the right to change its prices at any time; however, the price applicable to an order is the one in effect at the time of the Buyer's order placement.

6.2 Payment for orders can be made by the Buyer using the payment methods offered by the Seller on its website or through any other means provided by the Seller (e.g., bank transfer, check, or cash payment for in-person sales). The Seller reserves the right to refuse certain payment methods for security reasons, the risk of fraud, or any other legitimate reason.

6.3 Payment is due immediately on the date of the order, unless otherwise agreed upon between the Buyer and the Seller. In case of late payment, the Seller reserves the right to suspend or cancel the order, refuse delivery of the ordered products and services, and demand payment of reminder fees and late interest, in accordance with applicable law.

6.4 The Seller implements security measures to protect the Buyer's payment data and prevent fraud. However, in cases of proven fraud or negligence on the part of the Buyer (e.g., use of a stolen or forged credit card), the Seller reserves the right to refuse or cancel the order and to pursue legal action against the Buyer to seek compensation for any damages incurred.

6.5 The Buyer warrants to the Seller that they have the necessary authorizations to use the chosen payment method when placing the order and that they are the legitimate holder of the payment means used

ARTICLE 7: TAXES AND CUSTOMS DUTIES

7.1 The prices of the products and services offered by the Seller are inclusive of all taxes (TTC) for customers residing within the European Union. For customers residing outside the European Union, prices are indicated exclusive of taxes, and the Buyer is responsible for the payment of applicable taxes and customs duties in their country of residence, in accordance with local laws and regulations.

7.2 Any taxes and customs duties applicable to the products and services ordered by a Buyer located outside the European Union are the sole responsibility of the Buyer and must be paid in accordance with the laws and regulations in force in the Buyer's country of residence.

7.3 The Seller cannot be held responsible for taxes and customs duties that may be imposed by the competent authorities in the delivery country. It is the Buyer's responsibility to inquire with the competent authorities about any applicable taxes and customs duties and to pay these fees if necessary.

7.4 In case of the Buyer's refusal to pay the required taxes and customs duties, the costs of returning the refused products and services will be borne by the Buyer, as well as the costs of storage, destruction, or re-shipment of the products and services, if necessary. The Seller reserves the right to deduct these expenses from the amount to be refunded to the Buyer.

7.5 The Seller reserves the right to separately invoice applicable taxes and customs duties if they were not included in the price of the products and services or invoiced to the Buyer at the time of order placement. The Buyer is obligated to pay these additional fees within the specified timeframes, in accordance with the payment terms outlined in Article 6 of these GTC.

ARTICLE 8: DELIVERY AND SHIPPING

8.1 Delivery Zones: The Seller delivers its products and services to the geographical areas indicated on its website. The Buyer is encouraged to verify that their country of residence is included in the delivery zones offered by the Seller.

8.2 Delivery Times: Delivery times are indicated on the Seller's website during the order process. These times are provided for informational purposes and may vary depending on product availability, shipping and carrier delivery times, as well as customs constraints and other circumstances beyond the Seller's control. The Seller commits to making its best efforts to meet the indicated delivery times.

8.3 Delayed Delivery: In the event of a delivery delay exceeding 30 days after the delivery deadline indicated during the order process, the Buyer may, after sending a formal notice to the Seller by registered letter with acknowledgment of receipt, request the cancellation of the order and obtain a refund of the amounts paid, within 14 days from the receipt of the formal notice by the Seller.

8.4 Risks and Transfer of Ownership: The risks associated with the transportation of the products are borne by the Buyer from the moment the products are handed over to the carrier. The transfer of ownership of the products to the Buyer occurs upon full receipt of payment for the products and services by the Seller.

8.5 Delivery Tracking: The Buyer can track the progress of the delivery of their order on the Seller's website or the carrier's website, using the tracking information provided by the Seller after the products are shipped.

8.6 Receipt and Verification of Products: The Buyer is responsible for inspecting the condition and conformity of the products delivered to their order upon receipt. In case of non-conformity, damage, or visible defects, the Buyer must inform the Seller in writing as soon as possible. The Seller reserves the right to request the Buyer to provide photos or any other evidence justifying the non-conformity.

ARTICLE 9: WITHDRAWAL AND CANCELLATION

9.1 Right of Withdrawal: In accordance with applicable law, the Buyer has a period of 14 calendar days from the receipt of the products to exercise their right of withdrawal, without the need to provide reasons or pay penalties. To exercise this right, the Buyer must notify the Seller of their decision to withdraw by a written statement (letter, email) before the withdrawal period expires.

9.2 Exceptions to the Right of Withdrawal: The right of withdrawal does not apply to contracts for the supply of goods made to the Buyer's specifications or clearly personalized, as well as contracts for the supply of goods liable to deteriorate or expire rapidly. The Seller informs the Buyer, at the time of the order, if the ordered products or services are excluded from the right of withdrawal.

9.3 Return of Products: In case of exercising the right of withdrawal, the Buyer must return the products to the Seller, at their expense, in their original packaging and in perfect condition, within 14 days following the notification of their decision to withdraw. The products must be accompanied by the invoice and any other document justifying the purchase.

9.4 Refund: If the Buyer exercises their right of withdrawal in accordance with these GTC, the Seller undertakes to refund the Buyer the full amount paid, including delivery costs, without undue delay and no later than 14 days from the date on which the Seller was informed of the Buyer's decision to withdraw. The refund will be made using the same payment method used by the Buyer when placing the order, unless otherwise agreed between the parties.

9.5 Order Cancellation: Any cancellation of an order by the Buyer, outside the legal withdrawal period, must be subject to the prior written agreement of the Seller. If the Seller agrees to cancel the order, the Buyer may be charged cancellation fees corresponding to the costs incurred by the Seller for the preparation and processing of the order.

ARTICLE 10: RETURNS AND REFUNDS

10.1 Return Conditions: If the Buyer wishes to return a product for a reason other than exercising their right of withdrawal, they must do so within a reasonable time from receiving the product. The product must be returned in its original packaging, in perfect condition, without having been used or damaged, and accompanied by the invoice and any other document justifying the purchase. Return costs are the responsibility of the Buyer, except in case of non-conformity of the product or hidden defect.

10.2 Refunds: If the return of the product is accepted by the Seller, a refund will be made within 14 days following the receipt of the returned product. The refund will be made using the same payment method as the one used by the Buyer when placing the order, unless otherwise agreed between the parties. The Seller reserves the right to refuse a refund if the returned product does not meet the return conditions mentioned in section 10.1.

10.3 Defective or Non-Conforming Products: If the product received by the Buyer is defective or does not conform to the order, the Buyer must inform the Seller as soon as possible, describing the problem precisely. The Seller and the Buyer will then agree on the course of action to resolve the issue, which may include returning the defective or non-conforming product, exchanging the product, or refunding all or part of the price paid by the Buyer.

10.4 Exclusion of Refund: The Seller reserves the right to refuse a refund in the following cases:

Products made to the Buyer's specifications or clearly personalized;
Products liable to deteriorate or expire rapidly;
Products that are damaged, used, or incomplete;
Returns made without complying with the conditions mentioned in section 10.1.

10.5 Limitation of Liability: The Seller cannot be held responsible for damages resulting from the improper or abusive use of the product by the Buyer, mishandling, use not in accordance with the manufacturer's instructions or the user manual, or unauthorized modification or repair of the product.

RTICLE 11: WARRANTIES AND LIABILITIES

11.1 Legal Warranty of Conformity: The Seller is obligated to deliver a product that conforms to the Buyer's order and is responsible for any lack of conformity existing at the time of delivery of the product. The Buyer has a period of two years from the delivery of the product to take action in case of lack of conformity. If the lack of conformity is established, the Buyer has the right to request the replacement or repair of the product, or, if that is not possible, a refund of the price paid for the product.

11.2 Warranty for Hidden Defects: The Seller is also responsible for guaranteeing the Buyer against hidden defects in the sold product that render it unfit for the purpose for which it was intended or that so diminish that use that the Buyer would not have acquired it or would have given it a lesser price had they known about them. The Buyer has a period of two years from the discovery of the hidden defect to take action and request the resolution of the sale or a reduction in the selling price.

11.3 Warranty Exclusions: The legal warranties of conformity and hidden defects do not apply in the following cases:

The Buyer was aware of the defect or hidden defect before the purchase;
The Buyer cannot prove that the defect or hidden defect existed at the time of the delivery of the product;
The defect or hidden defect results from abnormal or abusive use of the product, mishandling, negligence, or lack of maintenance on the part of the Buyer;
The defect or hidden defect results from normal wear and tear of the product considering its age and use;
The defect or hidden defect results from a cause external to the product, such as an accident or impact.

11.4 Seller's Liability: The Seller is liable for direct damages caused to the Buyer due to the supply of the products or services ordered, up to the total amount of the order. The Seller shall in no event be liable for indirect or immaterial damages suffered by the Buyer, such as loss of profits, data, or clientele.

11.5 Buyer's Responsibility: The Buyer is responsible for the use they make of the products and services provided by the Seller and undertakes to follow the instructions for use and recommendations of the manufacturer. The Buyer also undertakes to take all necessary precautions to prevent damages caused by the use of the products and services and to take out insurance covering the risks associated with their use.

ARTICLE 12: LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

12.1 Limitation of Liability: To the extent permitted by applicable law, the total liability of the Seller to the Buyer for any claims arising from the use of the products or services provided, whether based on warranty, contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the Buyer for the relevant products or services.

12.2 Disclaimer of Warranties: The products and services provided by the Seller are provided "as-is" and "as available," without any express or implied warranty of any kind, except for the statutory warranties mentioned in Article 11. The Seller does not warrant that the products or services will meet the Buyer's requirements or that they will be uninterrupted, secure, or error-free.

12.3 No Liability for External Links: The Seller shall not be held responsible for the content of external websites to which it may provide hyperlinks. The Buyer acknowledges and agrees that accessing and using these external sites is at their own risk, and the Seller is not responsible for the availability, content, quality, security, or services offered by these external sites.

12.4 Force Majeure: The Seller shall not be liable for any non-performance or delay in the performance of its obligations under these Terms and Conditions if such non-performance or delay results from a force majeure event as defined in Article 15.

12.5 Use at Own Risk: The Buyer acknowledges and agrees that the use of the products and services provided by the Seller is at their own risk, and the Seller shall not be held responsible for any potential damages caused to the Buyer, their property, or third parties as a result of such use.

ARTICLE 13: INTELLECTUAL PROPERTY

13.1 Intellectual Property Rights: The Buyer acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, designs and models, patents, know-how, and trade secrets, relating to the products and services provided by the Seller, as well as the content published on the Seller's website, belong to the Seller or its licensors. The Buyer agrees to respect these intellectual property rights and not to use or reproduce, in whole or in part, these elements without the prior written authorization of the Seller or its licensors.

13.2 License to Use: The Seller grants the Buyer a non-exclusive, non-transferable, and revocable license to access and use the Seller's website and related content, solely for personal and non-commercial purposes, and in accordance with these Terms and Conditions.

13.3 Prohibitions: The Buyer agrees not to copy, modify, adapt, translate, decompile, disassemble, or create derivative works from the products, services, or content provided by the Seller, except with the express written permission of the Seller or its licensors.

13.4 Reporting Intellectual Property Infringements: If the Buyer becomes aware of an infringement of the Seller's or its licensors' intellectual property rights, the Buyer must promptly notify the Seller in writing. The Seller will then take appropriate measures to stop this infringement.

13.5 Indemnification: The Buyer agrees to indemnify and hold harmless the Seller, its officers, employees, agents, representatives, and licensors, from any claim, lawsuit, demand, damage, cost, or expense, including reasonable attorney's fees, resulting from the Buyer's violation of the Seller's or its licensors' intellectual property rights.

ARTICLE 14: PERSONAL DATA PROTECTION AND CONFIDENTIALITY

14.1 Data Collection: The Seller collects and processes the Buyer's personal data as part of the provision of its products and services, in accordance with applicable laws and regulations on personal data protection. The data collected may include, but is not limited to, the name, email address, postal address, phone number, and payment information of the Buyer.

14.2 Use of Data: The personal data collected by the Seller is used for order management, the provision of products and services, billing, communication with the Buyer, product and service improvement, and compliance with legal and regulatory obligations. The Seller may also use this data to send promotional information or commercial offers to the Buyer, subject to the Buyer's prior consent.

14.3 Data Sharing: The Seller undertakes not to disclose the Buyer's personal data to third parties unless it is necessary for the provision of products and services (e.g., logistics partners for delivery), to comply with a legal or regulatory obligation, or if the Buyer has given prior consent.

14.4 Data Security: The Seller implements appropriate technical and organizational measures to protect the Buyer's personal data against loss, alteration, unauthorized access, or disclosure.

14.5 Buyer's Rights: In accordance with applicable laws and regulations on personal data protection, the Buyer has the rights of access, rectification, erasure, restriction of processing, data portability, and objection to the processing of their personal data. The Buyer can exercise these rights by contacting the Seller using the contact details provided in these Terms and Conditions.

14.6 Data Retention: The Seller retains the Buyer's personal data for the time necessary to achieve the purposes for which they were collected, as well as to comply with legal and regulatory obligations.

14.7 Privacy Policy: The Seller has a detailed privacy policy, accessible on its website, which specifies the terms of processing the Buyer's personal data. By accepting these Terms and Conditions, the Buyer acknowledges having read and accepted said privacy policy.

ARTICLE 15: FORCE MAJEURE

15.1 Definition: Force majeure refers to any event beyond the control of the parties, unforeseeable, and insurmountable, which prevents the performance of obligations arising from these Terms and Conditions under normal conditions. Force majeure events include, but are not limited to, natural disasters, wars, riots, strikes, fires, floods, epidemics, pandemics, power outages, computer failures, supplier stock shortages, and acts or omissions of public authorities.

15.2 Suspension of Obligations: In the event of force majeure, the parties' obligations are suspended for the duration of the force majeure event, without this leading to their liability. The parties undertake to make all reasonable efforts to minimize the consequences of the force majeure event and resume the performance of their obligations as soon as possible.

15.3 Information to the Parties: If one of the parties is unable to perform its obligations due to a force majeure event, it must inform the other party in writing as soon as possible, specifying the nature, foreseeable duration, and consequences of the event.

15.4 Contract Termination: If the force majeure event persists beyond a period of thirty (30) days from the date of the written notification mentioned in Article 15.3, either party may terminate the contract with immediate effect, without any indemnity or penalty, by sending a written notification to the other party. In this case, the Buyer will be refunded any amount already paid for the relevant order, excluding any other compensation or damages.

ARTICLE 16: MODIFICATIONS OF THE TERMS AND CONDITIONS

16.1 Updates and Modifications: The Seller reserves the right to modify or update these Terms and Conditions at any time without prior notice. The modifications will take effect immediately upon their publication on the Seller's website. It is recommended that the Buyer regularly consults the Terms and Conditions to become aware of any potential modifications.

16.2 Acceptance of Modifications: The use of the website and the placement of orders by the Buyer after the publication of modifications to the Terms and Conditions implies acceptance of these modifications. If the Buyer does not accept the modifications to the Terms and Conditions, they must cease using the website and placing orders.

16.3 Orders in Progress: Orders in progress at the time of the modification of the Terms and Conditions will remain subject to the conditions in force at the time of placing the order, unless there are overriding legal provisions to the contrary.

16.4 Notification of Modifications: To the extent possible, the Seller will make an effort to inform Buyers of any significant modification to the Terms and Conditions by email or through a notification on the website. However, it is the Buyer's responsibility to stay informed of modifications by regularly checking the Terms and Conditions on the Seller's website.

ARTICLE 17: DISPUTE RESOLUTION AND MEDIATION

17.1 Prior Communication: In the event of a dispute or disagreement between the Buyer and the Seller concerning the interpretation, execution, or termination of these Terms and Conditions, the parties will make an effort to amicably resolve their differences through constructive and good-faith dialogue. The Buyer is encouraged to first contact the Seller's customer service department to attempt to find an amicable solution.

17.2 Mediation: If the parties are unable to resolve their dispute through prior communication, they may choose to resort to voluntary mediation to attempt to resolve their differences. Mediation will be conducted by an independent and impartial mediator mutually agreed upon by the parties. The parties agree to participate in the mediation process in good faith and to share the costs associated with mediation, unless otherwise agreed.

17.3 Resort to Courts: If the parties are unable to resolve their dispute through mediation, they retain the right to bring their dispute before the competent courts, in accordance with Article 19 of these Terms and Conditions.

17.4 Online Dispute Resolution Procedures: Buyers residing in the European Union have the option to use the European Commission's Online Dispute Resolution (ODR) platform to resolve their dispute. This platform is accessible via the following link: ODR Platform. Buyers residing outside the European Union may also seek to use similar platforms to resolve their disputes online.

ARTICLE 18: APPLICABLE LAW AND COMPETENT JURISDICTION

18.1 Applicable Law: These Terms and Conditions and any question or dispute concerning their formation, validity, interpretation, execution, or termination shall be governed and interpreted in accordance with French laws.

18.2 Competent Jurisdiction: In the event of a dispute arising from, related to, or in connection with these Terms and Conditions, including their validity, interpretation, execution, or termination, and if an amicable agreement cannot be reached by the parties, the courts (Tribunal d'Instance d'Arras - Tribunal de Grande Instance d'Arras - Tribunal de Commerce d’Arras) in France shall have exclusive jurisdiction to settle such dispute.

18.3 Waiver of Jurisdiction: By accepting these Terms and Conditions, Buyers expressly waive any other court that might otherwise be competent under rules of private international law or any other legal or regulatory provision.

ARTICLE 19: GENERAL PROVISIONS

19.1 Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties concerning their subject matter and supersede all prior agreements, understandings, or arrangements, whether written or oral, between the parties concerning such subject matter.

19.2 Independence of Clauses: If one or more provisions of these Terms and Conditions are declared null, illegal, or unenforceable in whole or in part by a competent court, the remaining provisions of the Terms and Conditions shall remain in full force and effect. In such case, the parties shall endeavor to replace the provision declared null, illegal, or unenforceable with a valid and enforceable provision that reflects, to the extent possible, the original intent of the parties.

19.3 Non-Waiver: The failure of a party to exercise or delay in exercising any right, remedy, or power provided by these Terms and Conditions shall not constitute a waiver of such right, remedy, or power, nor shall it prevent its subsequent exercise. Waiver of a right, remedy, or power under these Terms and Conditions shall be effective only if expressed in writing and signed by the waiving party.

19.4 Assignment and Transfer: Buyers may not assign, transfer, delegate, or subcontract any or all of their rights or obligations under these Terms and Conditions without the prior written consent of the Seller. The Seller may assign, transfer, delegate, or subcontract any or all of its rights or obligations under these Terms and Conditions without the consent of the Buyer.

19.5 Notification: All notices or communications required or permitted under these Terms and Conditions shall be in writing and shall be deemed duly given when delivered in person, sent by registered mail with acknowledgment of receipt, by email, or by any other electronic means that allows for proof of receipt. The notification addresses of the parties shall be as set forth in these Terms and Conditions or as subsequently communicated by the parties in accordance with these provisions.

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