General terms and conditions

1. Purpose, scope and enforceability of the General Conditions of “Atoutcubes.com”

1.1 The purpose of these General Conditions of Sale of “Atoutcubes.com” is to define the conditions under which “Atoutcubes.com” sells, to customers (“Customer”) acting in a non-professional capacity exclusively, products online on its site www.atoutcubes.com. “Atoutcubes.com” is a limited liability company, with capital of 62,040 EUROS, registered in the BAYONNE Trade and Companies Register under number 491 997 201 00034 Sarl Com’Ona. Professionals are considered to be private companies, liberal professions, public institutions and communities, associations, works councils declaring themselves as such and acting exclusively for their professional needs, self-employed people and, in general, any person holding a a SIREN number.

1.2 The General Terms and Conditions are brought to the attention of “Customers” on a permanent basis. “Atoutcubes.com” also communicates them to any person who requests them.

1.3 “Atoutcubes.com” reserves the right to modify the General Terms and Conditions. This is the reason why “Atoutcubes.com” invites “Customers” to consult the General Terms and Conditions before placing any new order. The version applicable to a given order is the day of the quote request submitted by the “Customer”.

1.4 Unless expressly stated otherwise, they cancel and replace all exchanges between the parties prior to the order. They are supplemented by the order form or signed quote to constitute the sales contract between “Atoutcubes.com” and the “Customer”.

1.5 Any exemption from these General Terms and Conditions may only be enforceable against “Atoutcubes.com” if it has been duly accepted and formalized in writing signed by “Atoutcubes.com”.

1.6 The fact that “Atoutcubes.com” does not sanction the violation of one of the provisions of the sales contract does not constitute a waiver of the right to sanction the violation of any other provision or any subsequent violation of this same provision.

2. Order conditions on “Atoutcubes.com”.

The “Customer” after having created his basket, must click on the “Validate order” button. He must complete at least the mandatory fields of the account creation form.

3. Prices

The prices displayed on the site www.atoutcubes.com are expressed in euros excluding delivery costs, VAT included. Certain products can be sold inclusive of tax, without VAT, benefiting from the application of VAT on margin Art 297 of the CGI.

4. The products offered

4.1 Sale of Games, Toys, Gadgets

Atoutcubes.com, under these General Terms and Conditions, undertakes to sell mainly new games and gadgets, some reconditioned or used must have this non-new condition specified in the product details.

4.2 The products are offered while stocks last, some may be offered for pre-order or restocking.

4.3 The photos associated with the products offered are of a non-contractual nature.

4.4 The products offered are intended for the European Union market. It is up to the “Customer” who plans to export it outside the EU to ensure the compatibility of the product concerned with the legislation of the country of destination. “Atoutcubes.com” declines all responsibility in the event of export of non-compatible products, which the “Customer” accepts.

5. Billing and Payment Terms

5.1 Billing: It is up to the “Customer” to indicate any particular status that may impact the terms of the invoice. In the absence of notification, the invoice issued mentions French VAT.

5.2 Payment conditions: All orders are payable in cash upon ordering before they can be shipped.

Payment of an invoice is considered effective and complete once “Atoutcubes.com” has collected the total amount of the sum invoiced to the “Customer” in principal and accessories.

Early payment does not entitle you to any discount or other advantage of any kind.

Payments are made by credit card or Paypal or cash if the order is collected from our store.

6. Delivery conditions – Receipt

6.1 Delivery times are indicative and are based on the times announced by the carriers to which Atoutcubes has added its preparation time, which rarely exceeds 1 day. “Atoutcubes.com” makes its best efforts to deliver the products ordered within the deadlines indicated. It will notify the “Client” of any schedule slippage as soon as it becomes aware of it. It is necessary to point out the obvious: Possible and unfortunate delivery delays, if they occur and which are the fault of the carrier, are therefore not the responsibility of Atoutcubes.

6.2 It is the responsibility of the “Customer” to verify the products delivered upon receipt. Except in the case of defective products referred to in article 9 below, the products are deemed accepted by the “Customer” and conform to the order, unless the “Customer” issues written reservations to the carrier within the conditions provided for by law:

– Appropriate reservation(s) mentioned on the delivery note.

– Confirmation of said reservations by LRAR addressed to the carrier within 3 days of receipt (art. L. 133-3 of the Commercial Code).

6.3 With regard to products subject to a marketing date and delivered by “Atoutcubes.com” before said date, the “Customer” undertakes not to offer them for sale before this date. Otherwise, he will bear the consequences alone.

7. Product recall

“Atoutcubes.com” may be required to recall certain products in particular, without these hypotheses being limiting, at the request of the Brand under which the product is distributed or at the request of an administration . In this case, the “Customer” must assist in any recall and in particular take all necessary steps with its own customers.

8. The order

In order to place an order, you must register in the “Create an account” area. After validation of your registration, you will receive a confirmation email. After validating your basket, you must choose your delivery methods.

In the “My Account” area, you can at any time:

– View your order history and current credits

– Manage your addresses and discount vouchers

– Analyze your orders

8.1 Gift baskets in stages

Gifts may be offered on the shopping cart page to the customer depending on certain conditions and at certain periods. To find out more, see the dedicated page here: Gift baskets in tiers

9. Guarantees and after-sales service conditions

9.1 New products sold by “Atoutcubes.com” revealing a hidden defect are guaranteed for 1 year, only for the material part of these products. We do not provide warranty or support for software or applications of any kind associated with these products; so-called second-hand products are guaranteed for 3 months.

9.1.1 A cube or puzzle whose pieces have fallen out of place is not a defective cube. Make sure to align the faces of the cubes of all shapes before starting other movements, to avoid pops (pieces that come out of their housing), and trying to put them back by forcing could cause the piece to break. This is not a defect and will not be covered by the warranty.

9.1.2 Do not return a puzzle because you were unable to solve it, this is not a fault or defect, no support will be provided.

9.2 In the event of a breakdown on a product ordered from “Atoutcubes.com”, our “Customer” service is available to provide you with arrangements for handling your product. These conditions may vary depending on the agreements concluded between “Atoutcubes.com” and its suppliers. Thus, you may be required to:

– Either return your broken product directly to us so that we can send it to the manufacturer or a technical station approved by it or make an exchange, repair or refund if none of the two previous solutions are possible.

– Either send your product directly to the manufacturer so that the latter can take care of the repair of your product

These conditions are valid in mainland France.

9.3 Products purchased via “Atoutcubes.com” revealing a hidden defect will be subject, at the option of “Atoutcubes.com”, to repair, replacement or reimbursement equal to the amount paid by the “Atoutcubes.com”. Customer” for the defective product considered (see the conditions in articles 9.3.1 to 9.3.2). The “Customer” must first contact Atoutcubes via the contact form to explain the problem and request a return agreement.

When we agree to return a product, we provide a prepaid return label to drop it off at a collection point. In the event of withdrawal, the return costs will be deducted from the amount of the product refund.

If you wish to return a product. Please read the terms below and contact us using the contact form here: contact us.

9.3.1 Return due to a defect in the product: The product may be refunded, exchanged or repaired if the reason for the return is a proven breakdown, a defect noted after expertise not attributable to the customer AND if the product is in new condition with all its original accessories in its packaging. It may be depreciated or not refunded if incomplete or if the condition is no longer like new.

9.3.2 In the event of withdrawal: No returns or refunds will be accepted beyond the legal withdrawal period of 14 days. The product may be refunded if the product is returned complete, like new and if the return is requested within 14 days after receipt of the product at the chosen delivery location, AND if the product is returned within 14 days after receipt. agreement to the return request

If the above conditions are not met, “Atoutcubes.com” reserves the right not to refund or return the product and/or to reimburse only part of the value of the product and/or to deduct from the reimbursement of return and handling costs incurred.

9.4 The financial liability of “Atoutcubes.com” cannot exceed the price paid by the “Customer” for the defective product(s) considered and cannot be incurred beyond this amount for any direct or indirect damage that the defect in question could have caused.

9.5 “Atoutcubes.com” reserves the right to invoice the costs linked to the processing of the return of any product (in particular transport, reception, examination of the product) for which the defect is not proven or if it is attributable to the “Customer” or in particular to abnormal use of the product in question.

10. Intellectual property

The sale of products to the “Customer” does not entail for the benefit of the latter any transfer or concession of intellectual or industrial property rights on said products, their brand, logos, designs, models, patent, documentation, components, visuals or any other elements relating to said products. When the “Customer” intends the products acquired from “Atoutcubes.com” for resale, he undertakes to resell the products in their original presentation, without making any alteration. Otherwise, he will bear the consequences alone.

11. Computing & Freedoms

When the “Customer” intends the products acquired from “Atoutcubes.com” to his own customers, it is his responsibility to act in compliance with the legislation relating to IT & freedoms, and in particular to ensure that his customers are able to exercise their rights of opposition, rectification and access to data concerning them. “Atoutcubes.com” will not assume any responsibility in this regard.

By accepting these general conditions, you agree to receive our promotional emails or surveys for opinions on our products, our services and on the site in general. You can, upon receipt of the first of these emails, request that these sendings be stopped in the future by checking the unsubscribe link at the foot of the email.

12. Confidentiality

“Atoutcubes.com” and the “Client” expressly refrain from disclosing any information concerning the other party, their agreements and in particular the conditions negotiated between them. In the event that one of the parties is obliged to do so following a request from the competent administrations or judicial authorities, it must inform the other party.

13. Force majeure

In the event that “Atoutcubes.com” finds itself unable, following an event of force majeure (within the meaning of French law and jurisprudence), to partially or completely fulfill its obligations, they will be suspended. as long as the impossibility in question lasts.

In the event that all orders are completely suspended for a period of more than one (1) month due to a case of force majeure, “Atoutcubes.com” like the Customer may automatically terminate or cancel the suspended orders, without owing any compensation in this respect to the other party, on the condition of notifying the other party of its intention to cancel the orders by registered letter with acknowledgment of receipt.

14. Liability

The financial liability of “Atoutcubes.com” for an order in question is capped at the amount actually collected by “Atoutcubes.com” for the said order placed by the “Customer”. When the liability of “Atoutcubes.com” is unrelated to one or more identified orders, the financial liability of “Atoutcubes.com” may not exceed the amount actually collected by “Atoutcubes.com” during the 12 (twelve) ) last months of the sales contract for new products or 3 (three) months for used products.

15. Applicable law

The sales contract concluded with the “Customer” is governed by French law.

16. Dispute Resolution

16.1 Settlement of disputes with “Customers” who do not have merchant status: The rules of common law apply to “Customers” who do not have merchant status.

16.2 Settlement of disputes with “Customers” having the status of merchant: With the exception of the provisions relating to delivery, and by express derogation from the provisions of article L.110-4 of the Commercial Code, any dispute over a “Customer” with the status of a merchant, can only be raised within one year from the occurrence of the contested event.

IN THE EVENT OF A DISPUTE, EXCLUSIVE JURISDICTION IS ASSIGNED TO THE BAYONNE COMMERCIAL COURT, NOTWITHSTANDING PLURALITIES OF DEFENDANTS, GUARANTEE CALL, EMERGENCY PROCEDURE AND/OR UPON REQUEST.

17. Management of product comments

All visitors to the site are given the opportunity to leave a comment on each product page, on the product on said page. “Atoutcubes.com” reserves the right not to publish comments that are inappropriate, offensive or made with the sole aim of accumulating loyalty points from visitors who have not purchased this product on our site. Each comment posted can be accompanied by a photo or video, the same checks are made on these media before publishing them.

18. The loyalty program

A loyalty program is set up to reward our regular and loyal customers. He gets points by making purchases. Points are calculated as follows: 1 euro spent excluding tax on the site earns 5 points, 200 points accumulated entitle you to a €1 reduction voucher. Points earned are valid for 365 days. There is no possibility of transferring them to another account or transforming them into cash.

An individual cannot have several loyalty accounts using several different email addresses or postal addresses. If several accounts are created, the loyalty point earnings associated with these additional accounts will be deleted as well as the accounts.

“Atoutcubes.com” reserves the right to delete a loyalty account if the visitor repeats the attempt to publish false information, invented comments, unfounded or unreal photos or videos on products, for a purpose other than that to share your experience with a p