I. GENERAL CONDITIONS OF USE AND SALE OF THE SITE
ARTICLE 1. LEGAL INFORMATION
GENERAL CONDITIONS OF SALE: Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified in this article the identity of the various stakeholders in the context of its implementation and monitoring.
The site mybitcoingiftcards.com is edited by :
SAS ir4a, whose head office is located at the following address -6 rue Jean AVEN 84000 AVIGNON , Siret number : 79448142400016
E-mail address: [email protected]
The director of publication of the site is :
Mr. Didier DULCAMARA
The site mybitcoingiftcards.com is hosted by :
OVH, whose headquarters are located at 2 rue Kellermann - 59100 Roubaix - France
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the mybitcoingiftcards.com website is:
The sale of dematerialized gift cards that can be used on e-commerce sites.
ARTICLE 3. CONTACT
For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the editor at the following e-mail address: [email protected].
The editor reserves the right to modify, at any time and without notice, the site and services as well as the present GTU, in particular to adapt to the evolutions of the site by the provision of new functionalities or the suppression or the modification of existing functionalities.
The user is therefore advised to refer to the latest version of the GTU before any navigation, which is accessible at any time on the site. In case of disagreement with the GTU, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The editor implements the technical solutions at his disposal to allow access to the site 24 hours a day, 7 days a week. Nevertheless, he may at any time suspend, limit or interrupt access to the site or to certain pages of it in order to proceed with updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the site mybitcoingiftcards are deemed to be unreserved acceptance of these General Conditions of Use, regardless of the technical means of access and the terminals used.
These TOS apply, as necessary, to any variation or extension of the site on existing or future social networks and/or community.
ARTICLE 6. SITE MANAGEMENT
For the good management of the site, the editor will be able at any time :
- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
- delete any information that may disrupt the operation of the site or violate national or international laws, or the rules of Netiquette;
- suspend the site in order to make updates.
ARTICLE 7. RESPONSIBILITIES
The publisher is only responsible for the content that he himself has edited.
The publisher is not responsible:
- in case of technical or computer problems or failures or compatibility of the site with any hardware or software;
- direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
- the intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating on it;
Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information provided.
The user is responsible for:
- the protection of its equipment and data;
- of the use he makes of the site or its services;
- if it does not respect either the letter or the spirit of these TOS.
ARTICLE 8. HYPERTEXT LINKS
The site can contain hypertext links pointing towards other Internet sites on which mybitcoingiftcards.com does not exert any control. In spite of the preliminary and regular checks carried out by the editor, this one declines any responsibility as for the contents which it is possible to find on these sites.
The editor authorizes the setting up of hypertext links to any page or document of his site provided that the setting up of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the editor of the site is necessary before any hypertext link is set up.
Are excluded from this authorization the sites diffusing information with illicit, violent, polemical, pornographic, xenophobe character or being able to attack the sensitivity of the greatest number.
Finally, cryptosgifts.com reserves the right to remove at any time a hyperlink pointing to its site, if the site believes it does not comply with its editorial policy.
ARTICLE 9. DATA COLLECTION
The site is exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) insofar as it does not collect any data concerning the users, except the email address as well as the name and first name in order to send the gift card directly to the buyer.
ARTICLE 10. COOKIES
The site may use "cookies" to process statistics and information on traffic, to facilitate navigation and to improve the service for the comfort of the user, who can oppose the recording of these "cookies" by configuring his browser.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that make it up are the property of the editor and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of the elements expressly designated as free of rights on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.
The user is not allowed to introduce data on the site that would change or be likely to change the content or appearance of the site.
The cryptosgifts.com website wishes you a great surfing!
Terms and Conditions of Use
THESE TERMS AND CONDITIONS OF SALE SET FORTH THE TERMS AND CONDITIONS AND RESTRICTIONS OF SALE THAT YOU AGREE TO BY PLACING AN ORDER ON OUR WEBSITE.
BY USING ANY OR ALL OF THE SERVICES ON THE WEBSITE AND BY PURCHASING PRODUCTS THROUGH THIS SITE, YOU AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE AND THE LIMITATIONS OF WARRANTIES AND LIABILITY.
THE PRESENT GENERAL CONDITIONS OF SALE CAN BE MODIFIED AT ANY TIME, IN PARTICULAR ACCORDING TO THE EVOLUTION OF THE SITE OR THE EVOLUTION OF THE LEGISLATION AND THE REGULATION IN FORCE.
1./ General provisions :
1.1 Definitions :
Terms used in these terms and conditions of sale, whether in the plural or in the singular, shall have the following meaning:
CLIENT: designates any user, natural person of legal age, having the capacity to contract, having the quality of consumer and who orders and/or purchases a product offered on the INTERNET SITE.
MEMBER: means any CUSTOMER with an active personal account created after completing a registration form.
PRODUCT: means all PRODUCTS offered on the WEBSITE, including, but not limited to, gift cards, reloads for prepaid payment cards and "multi-brand gift cards".
WEBSITE : means the infrastructure, accessible at https:// GiftCardBitcoin.com/ developed by the PUBLISHER in computer formats usable on the Internet for the CUSTOMER to access these PRODUCTS.
1.2.- Scope :
The WEBSITE is freely accessible to all Internet users.
Any order of PRODUCTS placed via the WEBSITE by the CUSTOMER implies the latter's prior acceptance of the pricing conditions in force on the day the order is accepted.
The unreserved acceptance of these general terms and conditions of sale will consist in the fact that the CLIENT checks the box corresponding to the following sentence: " I have read and accept the general terms of sale ".
2./ Description of the online purchasing process :
2.1 Selection of PRODUCTS :
Before placing an order via the WEBSITE, the CUSTOMER must select the PRODUCTS, in particular by using the search form provided.
Once the CUSTOMER believes he has made his choice, he must add it to his basket by clicking on the button provided for this purpose and then click on the button to complete his order.
To validate this page, the CLIENT must check the box relating to the ratification of the present general conditions of sale. The CUSTOMER acknowledges having downloaded and printed the present general conditions of sale.
The CLIENT will then be redirected to an identification page.
The CUSTOMER will have to fill in a form to register on the site or enter his login and password on his account if he is already a member.
2.2 - Registration to the WEBSITE :
2.2.1 Creating a personal account :
Registration is neither necessary nor mandatory to place an order.
Nevertheless, the CUSTOMER will have the option of creating an account if he/she so wishes.
The CUSTOMER shall complete the registration form on the site accurately and truthfully.
It will include the information relating to its identification and in particular, its first and last name, postal address, e-mail and password.
The provision of erroneous or false information that has led to the impossibility for the Company to deliver the orders placed by the CUSTOMER, shall not engage the responsibility of the latter.
The Company guarantees the confidentiality of the data transmitted after the CLIENT's password is entered.
The CLIENT remains responsible for the use of his password.
In case of loss of the said password, the CLIENT shall contact the Company as soon as possible so that a new password can be assigned.
In the event of a forgotten password, the CUSTOMER must click on the "forgotten password" link to obtain a new one and fill out a form to create a new password, which will then be sent to him by e-mail.
2.3 - Finalization of the order :
After having read the details of his future order, the CUSTOMER will be able to click on the designated area to definitively confirm his order.
The CUSTOMER shall choose his method of payment in accordance with article 2.4. of the general conditions.
2.4.- Payment :
All orders are made with the following crypto currencies: Bitcoin (BTC), Bitcoin Cash (BCH), Litecoin (LTC),
Payments are made through secure transactions provided by the providers.
The provision of the wallet address of the crypto-currency chosen by the CUSTOMER for the payment and the final validation of the order are proof of the customer's agreement, of the payability of the sums due under the order, signature and express acceptance of all operations carried out.
2.5 Validation of payment :
Once the payment has been validated by the service provider concerned, the CLIENT will receive an e-mail acknowledging receipt of the payment choice as well as an invoice summarizing the details of his order.
3./ Acceptance of the order by the PUBLISHER :
The order becomes firm and final only after validation of the payment and reception of all the documents required by the PUBLISHER, subject to the exceptions hereafter.
All the articles present on the WEBSITE are, except error or computer malfunction, not imputable to the PUBLISHER, available and in stock at the PUBLISHER.
However, considering the time required between the registration of an order and a payment, the CLIENT acknowledges and accepts that during this time, in case of end of stock, a PRODUCT may become unavailable.
In case of unavailability of the ordered PRODUCT, the PUBLISHER will contact the CUSTOMER by any means proposing to the choice the delivery of another PRODUCT or the refund of the paid sums and the resolution of the sale without any additional expenses for the CUSTOMER.
In the hypothesis of the resolution of the sale, the PUBLISHER makes a commitment to proceed to the refunding of the undeliverable PRODUCTS in a delay which could not be superior to thirty days as from the payment made by the CUSTOMER.
The PUBLISHER reserves moreover the right to refuse an order in the case where the CUSTOMER would not have respected these obligations.
4./ Reservation of ownership :
THE SOLD PRODUCTS REMAIN THE PROPERTY OF THE SELLER UNTIL FULL PAYMENT OF THEIR PRICE.
THE CUSTOMER THEREFORE UNDERTAKES NOT TO PROCESS, INCORPORATE, RESELL OR PLEDGE THE PRODUCTS UNTIL THE PRICE HAS BEEN PAID IN FULL, ON PAIN OF IMMEDIATE RECLAMATION BY THE PUBLISHER.
5./ Delivery :
Upon receipt of the validation of the purchase and the payment by the customer, the seller will send to the customer, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The payment of the totality of the price must be realized at the time of the order.
The seller is obliged to send an invoice to the customer upon delivery.
5.1.- Place of delivery :
The CUSTOMER makes a commitment to communicate to the PUBLISHER a correct e-mail address. In no case, the PUBLISHER cannot be held for person in charge of a defect of delivery due to a bad seizure or to an erroneous seizure of the e-mail address by the CUSTOMER.
5.2.- Delivery time :
Orders are delivered within a maximum of 48 working hours from the perfect collection of the price corresponding to the counterpart.
5.3.- Delay in delivery :
A delay of delivery beyond the deadline of delivery and not due to a case of absolute necessity, can involve the resolution of the sale at the initiative of the CUSTOMER. This resolution can intervene only within thirty days after reception by the PUBLISHER of a letter of formal demand to have to carry out the delivery.
In case of resolution of the sale, the PUBLISHER commits himself to refund to the CUSTOMER the sums which this last one paid as soon as possible and, at the latest in the fourteen days as from the reception of an electronic mail with acknowledgement of receipt.
6./ Non-conformity and hidden defects :
The PUBLISHER makes a commitment to deliver a good in conformity with the contract and answers for the defects of conformity of the PRODUCT existing at the time of the delivery under the conditions of the articles L.217-4 and following ones of the Code of the Consumption as well as for the hidden defects under the conditions envisaged in the articles 1641 and following ones of the Civil code.
The CLIENT has a period of two years from the delivery of the goods to act.
He can choose between repair or replacement of the good, unless impossible and subject to the conditions of cost provided by Article L.217-9 of the Consumer Code.
He is exempted from proving the lack of conformity of the goods within twenty-four months of delivery of the goods.
This legal guarantee of conformity applies independently of any commercial guarantee or insurance that may have been concluded.
The CUSTOMER may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, the CUSTOMER may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
If the order is delivered damaged or in bad condition, the CUSTOMER must inform the PUBLISHER as soon as possible.
Upon receipt of the order, the CUSTOMER shall also verify the conformity of the order received and shall refuse any package opened, torn, and repackaged by the carrier.
Any anomaly concerning the delivery must be notified to the CUSTOMER service within eight days of receipt of the order.
Any claim made after this period will be rejected and the Company will be released from any responsibility.
7./ Right of withdrawal :
The CUSTOMER has a period of thirty clear days to declare his return, unless expressly stated.
The withdrawal period starts from the day of receipt of the order.
The CUSTOMER can contact the Company by writing to the following email address: [email protected]
Orders must be returned in new and resalable condition.
If the above conditions are met, the Company will reimburse the CUSTOMER within a maximum of seventy-two working hours from the date of receipt of the product.
The CUSTOMER has the obligation to return the order by any means allowing to bring a proof of the forwarding.
The prices indicated on the WEBSITE are understood to be in euros, excluding tax and including all taxes.
The prices are fixed by the PUBLISHER and can be modified during the time.
The PRODUCTS will be invoiced on the basis of the prices in force at the time of the finalization of the order.
The management fees will be indicated to the CLIENT before any payment.
9./ Guarantees and responsibilities :
9.1 - Information on the articles :
For all PRODUCTS sold on the WEBSITE, the Company undertakes to provide a description of the essential characteristics within the limits of the information provided by the suppliers.
The photographs as well as the descriptions of the PRODUCTS sold are not contractual and the Company shall in no case be held responsible for any errors that may exist.
In particular, the images and colors of the items displayed on the site may not be exactly true to the actual colors of the items due to the effect of the internet browser used as well as due to the resolution of the CLIENT's screen.
9.2 - Legal warranty :
The benefit of the legal guarantee is mentioned in article 6 of the present general conditions of sale.
9.3.- Responsibility :
The Company's liability is limited to the amount of the CLIENT's order.
The Company cannot be held responsible for any material, immaterial or corporal damage caused by the malfunction or misuse of an item purchased on the site.
It is the CUSTOMER's responsibility to check with the local authorities for specificities regarding taxes, declarations, prohibitions, imports or uses of the ordered items.
The responsibility of the Company cannot be engaged in case of non respect of the legislation and the regulation of the country where the articles will be delivered.
10./ Intellectual Property:
All the elements of the site, whether visual or audio, including the technology used to create the site, are protected by copyright, trademarks or patents.
They are the exclusive property of the Company.
The User who has a personal website and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the site, must request authorization from the Company.
On the other hand, any hypertext link referring to the site and using the framing or in-line linking technique is strictly prohibited.
In any case, any link, even tacitly authorized, must be withdrawn upon simple request from the Company.
11./ Force majeure :
The Company shall not be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike of postal services and means of transport and/or communication, flooding and fire.
Events meeting the criteria set by the case law of the Cour de Cassation will be considered as force majeure.
In the event of the occurrence of an event constituting force majeure, the Company will inform the CLIENT within five working days of the occurrence or threat of such event.
Beyond a period of fifteen days of interruption due to force majeure, the Company will not be able to honor the order and will be responsible for reimbursing the CLIENT.
12./ Applicable Law and Jurisdiction :
The present general terms and conditions of sale are subject to French law, to the exclusion of any other applicable international convention, including the VIENNA convention on the international sale of goods of April 11, 1980.
Any legal action relating to the conclusion, interpretation, performance or assignment of this contract shall be subject to the jurisdiction of the court of the defendant's domicile or, at the plaintiff's option, of the place of actual delivery of the PRODUCT in accordance with Articles 42 and 46 of the Code of Civil Procedure.
In the event of a dispute in connection with the execution of these general conditions of sale, the CUSTOMER may, before taking any legal action, resort to any procedure for the amicable settlement of disputes.
Last modification of these terms and conditions: January 11, 2020