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updated on 08/25/2022
being modified and simplified
These conditions are intended for a consumer who has full legal capacity in his country of residence. This contract is subject to French law. The language of the contract is the French language. Any dispute arising in connection with the application or interpretation of this contract will be submitted to the competent French courts. In the event of a dispute, an amicable solution will be sought before any legal action.
The European Commission has put a dispute resolution platform online intended to collect any complaints you may have in order to forward them to the competent national mediators.
http://ec.europa.eu/consumers/odr/
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which LA BLACK UNICORN provides services to users. Any use of one of the services offered by LA BLACK UNICORN will be done in compliance with these General Conditions of Sale.
On the website made up of all the services available at the URL https://naughty-greider.217-160-44-212.plesk.page, including the websites and all its internal ramifications, all the essential characteristics of the goods produced will be presented.
The general structure of the LA BLACK UNICORN site, as well as the texts, graphics, images, sounds and videos composing it, are the property of the publisher or its partners. Any representation and/or reproduction and/or partial or total exploitation of the content and services offered by the site, by any process whatsoever, without the prior written authorization of a Site Administrator is strictly prohibited and could constitute an infringement within the meaning of articles L 335-2 and L.122-5 of the Intellectual Property Code.
Access to the entire public face of the LABLACKUNICORN.COM site is free, with no obligation to purchase. LA BLACK UNICORN reserves the right to modify without notice or announcement the present general conditions which must be consulted before any approach with LA BLACK UNICORN. The user must be of legal age or have authorization from his legal representative before making contact for a possible purchase from LA BLACK UNICORN. Any connection to the site is subject to compliance with these conditions and their acceptance by the user.
If one of the clauses or provisions of these GCS were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.
The user acknowledges that LA BLACK UNICORN is the sole owner of the Intellectual Property Rights present on all the services provided. No provision of these General Conditions of Sale may be interpreted as conferring on the user a license on the Intellectual Property Rights, of which LA BLACK UNICORN may have ownership or the exclusive right of exploitation. LA BLACK UNICORN only grants authorization to view its content on a personal and private basis, to the exclusion of any public viewing or distribution. Consequently, any representation, reproduction or extraction not authorized by LA BLACK UNICORN of the content or its website as well as any other Intellectual Property Right is strictly prohibited under penalty of legal proceedings. The offender is liable to civil and criminal penalties and in particular to the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.
LA BLACK UNICORN undertakes and guarantees that it has all the necessary rights to design, manufacture, produce, sell the goods. More specifically, LA BLACK UNICORN undertakes and guarantees that it is the sole owner of the intellectual property rights relating to the goods produced and that these goods, their design, manufacture, production, offer for sale, sale, marketing do not infringe the intellectual property rights of third parties (infringing products and/or projects).
As such, LA BLACK UNICORN guarantees that it is personally responsible for all transfers of intellectual property rights to all designers, artists, craftsmen, subcontractors, service providers or other third parties who have created or collaborated in the design and/or realization of these assets.
All quotes, invoices, drawings, plans, models, descriptions and working documents remain the exclusive property of LA BLACK UNICORN. Their communication to other companies or third parties is prohibited and liable to damages.
The user declares to have read and to have expressly and unconditionally accepted these General Conditions of Sale in force on the day of access to its website offered by LA BLACK UNICORN. LA BLACK UNICORN reserves the right to modify all or part of these General Terms and Conditions of Sale at any time. It is therefore up to the user to regularly refer to the latest version of the General Conditions of Sale permanently available on the LA BLACK UNICORN website.
Any use of the services after modification of the General Conditions of Sale implies pure and simple acceptance by the user of the new General Conditions of Sale. The user expressly acknowledges that he must exercise judgment in the use of the content and bear all the risks relating thereto, and in particular when he relies on the appropriateness, usefulness or completeness of this content, and carries out any checks under its responsibility.
Archiving of purchases is carried out on a reliable and durable medium.
Any order validated after consultation for an estimate constitutes an irrevocable acceptance of the general conditions of sale and payment. The data recorded by LA BLACK UNICORN during the order constitutes proof of all transactions made by LA BLACK UNICORN and its customers. The data recorded by the banking establishment constitutes proof of the financial transactions.
LA BLACK UNICORN recognizes and accepts to be solely responsible for the proper execution of these general conditions as well as the obligations incumbent on it under the contract concluded with the buyer. Nevertheless, LA BLACK UNICORN cannot be held liable for a fortuitous event, linked either to the buyer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure, in accordance with the 'Article L.221-15 of the Consumer Code.
The buyer undertakes to have full legal capacity to commit to these General Conditions of Sale and to conclude contracts.
LA BLACK UNICORN undertakes and guarantees that it has full legal capacity to undertake under these General Terms and Conditions of Sale in order to conclude contracts. LA BLACK UNICORN also undertakes to respect the laws and regulations in force relating to its activity.
LA BLACK UNICORN undertakes to provide accurate and complete information as to the identity of its legal representative, its contact details and in particular its surname, first name, e-mail address, postal address as well as its activity. LA BLACK UNICORN also undertakes, if necessary, to update this information.
The buyer undertakes to provide accurate and complete information as to his identity and his contact details and in particular his surname, first name, e-mail address and postal address. The buyer also agrees, if necessary, to update this information.
The buyer acknowledges and expressly accepts that his e-mail address will be used for any exchange of information, the conclusion and the execution of contracts with LA BLACK UNICORN. As such, he undertakes to provide an effective e-mail address and to consult his e-mail box throughout the conclusion and execution of said contracts.
LA BLACK UNICORN undertakes to provide by e-mail the delivery times of the goods, in accordance with article L.111-1 of the Consumer Code.
LA BLACK UNICORN undertakes to inform by e-mail of the progress of the realization of the goods ordered by providing photographs in progress and once finalized.
LA BLACK UNICORN also undertakes to inform the buyer by e-mail of any delay in the production of the goods ordered.
Failing any indication, LA BLACK UNICORN delivers the goods without undue delay and no later than thirty days after the conclusion of the contract (Article L216-1 Consumer Code), once the last payment has been received. Delivery is made to the address indicated when placing the order. Delivery means the transfer to the consumer of physical possession or control of the goods. In case of late delivery, you can terminate the contract in accordance with the provisions of article L.216-2 of the consumer code. An agreement can however be made between the two parties for an extension of the delivery date.
Delivery is calculated based on the weight and volume of the order and the delivery address. The cost will be indicated in the quote issued before the work is carried out.
Buyer also acknowledges and agrees that their mailing address will be used for delivery. As such, he undertakes to provide an effective delivery address and he acknowledges and accepts to be solely responsible for a defect or a delay in delivery due to a failure to indicate the delivery address.
LA BLACK UNICORN undertakes to inform the buyer by e-mail of the progress of the delivery of the goods ordered by immediately sending him a copy of the proof of shipment. Delivery times are given for information only.
In the event of non-receipt of the goods ordered on the scheduled delivery date, the buyer must inform LA BLACK UNICORN within 48 hours of the scheduled delivery date (including weekends and public holidays, not counting the expected date of Delivery) by e-mail.
Similarly, if the goods ordered or their packaging are obviously damaged on delivery, it is up to the buyer to make the reservations and complaints that he deems necessary at the time of delivery, or even to refuse delivery directly to the carrier. . In addition, reservations and complaints must also be sent by registered letter to the carrier within three days of receipt, in order to allow the retention of appeals against the latter (Article L133-3 of the Commercial Code).
In the absence of notification of non-receipt of the goods within this period, the buyer will be deemed to have been delivered and to have accepted the goods ordered on the scheduled date of delivery.
The characteristics of the products and services offered for sale are presented on the showcase site (https://naughty-greider.217-160-44-212.plesk.page/) in euros excluding French taxes, other taxes may be applicable on the day of the order (any change in the applicable VAT rate will be automatically passed on to the price of the products). They include, in particular, order processing costs. Prices may vary depending on the difficulty of the order and the level of customization but will be defined during the quote (article L.111-1 of the consumer code). However, any additional costs incurred during transport (customs fees among others) will be borne by the buyer.
For any contact request concerning after-sales service, please send an email to: lablackunicornshop@gmail.com
When sending the email, please provide the order number/invoice number associated with the property in question.
The buyer acknowledges and accepts all responsibility for the return of goods to LA BLACK UNICORN. As such, the delivery and return costs will be at his expense.
The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good.
The commercial guarantee granted for all goods from LA BLACK UNICORN amounts to 3 months following receipt of the package containing the goods by the buyer.
The legal guarantee of conformity applies independently of the commercial guarantee.
The buyer acknowledges and accepts that the goods ordered are made and personalized at his request from materials whose appearance, by nature, may vary and differ from the photographs (such as colorimetry).
When the goods ordered do not correspond to the order or are affected by any other defect or defect, the buyer must inform LA BLACK UNICORN within 48 hours after the date of delivery (including weekends and public holidays, not counting the day of delivery) by e-mail to the contact address.
LA BLACK UNICORN also acknowledges and accepts to be solely responsible for the proper respect of the guarantees incumbent on it under the contract concluded with the buyer, in accordance with articles L.217-4 and following of the Consumer Code and other articles 1602 and following of the Civil Code.
Article L.217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L.217-7 of the Consumer Code
The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L.217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
Article L.217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code
If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1642 of the Civil Code
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 of the Civil Code
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer.
Article 1646 of the Civil Code
If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
This right of withdrawal is made by message to the contact email address by returning the withdrawal form (provided when sending the invoice) duly completed, dated and signed. The latter entitles the customer to reimbursement of sums already paid by him within 7 days of receipt of the first payment. Any request for withdrawal that does not respect the legal deadline or does not provide enough information will not be taken into consideration.
Article L312-52
The contract of sale or provision of services is automatically terminated, without compensation:
1° If the lender has not, within a period of seven days from the acceptance of the credit agreement by the borrower, informed the seller of the allocation of the credit;
2° Or if the borrower has exercised his right of withdrawal within the period provided for in Article L. 312-19.
However, when the borrower, by an express request, requests the immediate delivery or supply of the goods or the provision of services, the exercise of the right of withdrawal from the credit agreement does not automatically entail termination of the sales contract. or provision of services only if it occurs within three days of acceptance of the credit agreement by the borrower.
The contract is not terminated if, before the expiry of the periods mentioned in this article, the purchaser pays cash.
Moreover, once the order of the raw materials is made with the various suppliers, or the work of making the personalized good has begun and in application of articles L222-6 and L221-28 of the Consumer Code, the buyer acknowledges and accepts that he no longer has the right of withdrawal when he buys goods made and/or personalized at his request.
The exercise of the right of withdrawal gives rise to a refund of the sums paid during the order as soon as possible and at the latest 14 days from the date on which you exercised this right. The refund will be made by bank transfer to the payment method used during the purchase.
The buyer undertakes to pay for the goods ordered.
In the context of payment via the bank transfer solution, the buyer undertakes and guarantees that he has the necessary authorizations to use this means of payment.
LA BLACK UNICORN undertakes to honor all orders within the time limits for the completion of the ordered goods that it has provided. However, LA BLACK UNICORN may refuse an order if it is placed abnormally or in bad faith or for any other legitimate reason, and in particular, when there is a dispute or disagreement with the buyer concerning the payment of a previous order.
Ordering a personalized product is as follows:
The buyer will receive by e-mail the invoice relating to the order, the latter will be copied in the package.
Payment by the buyer is made outside the site, by bank transfer to the bank account number provided by LA BLACK UNICORN.
To this end, he acknowledges and accepts that payment will be made as follows:
Subject to request from LA BLACK UNICORN, the buyer may pay the total price in one payment upon approval of the estimate. 40% of the payment will be non-refundable once the legal withdrawal period of 7 days has passed.
The buyer can also pay the invoice in several instalments:
Late fees will apply at the rate of 15% per day of the payment amount (payment B or C) to be paid from the first day following the due date of said payment (or after the announcement of any additional cost of delivery for the final installment).
If the buyer fails to pay these amounts during the 30 days following the first expected payment, the order will be automatically cancelled. In addition, the late fees will be charged to the buyer, the first 30% (Payment B) will be refunded to you, what has already been made will be modified and sold as a new and unique product. If the costume was created from a character design created specifically for this order, the costume and character will be resold unchanged.
He acknowledges and accepts that the validation of payment constitutes a payment order.
No discount will be granted in the event of early payment.
Personal information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of January 6, 1978).
In France, personal data is notably protected by law n° 78-17 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of the October 24, 1995.
In accordance with the provisions of articles 38 and following of law 78-17 of January 6, 1978 relating to data processing, files and freedoms, all users have a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.
The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.
LA BLACK UNICORN undertakes not to use the personal data of the buyers for any other purpose than the processing of the order, the delivery, the invoicing, the follow-up of the relation with this one or the possible disputes. with it and in particular to insert any advertising for itself or for anyone else, in any form whatsoever in its communications with them.
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Fursuit Maker since 2016, I bring amazing and endearing chimeras to life, through costume, plush and sculpting. The organic-mineral-vegetal symbiosis currently animates my creations and my palette is constantly evolving. I invite you to discover them, to share them.
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