TERMS OF SALES
The publisher of the ProTubeVR.com website is accessible at www.ProTubeVR.com (referred to as "ProTubeVR") on behalf of ROMAIN ARMAND. Its headquarters are located at 94 rue de l'Évêché 13002 Marseille France, SIRET 83459198400028. He can be contacted by post, 98 rue de l'Évêché 13002 Marseille FRANCE, by phone at +33(0)4.65.95.04.59 or by email at [email protected]
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by ProTubeVR to the customer.
Any purchase of a product or service from the ProTubeVR.com website requires the prior acceptance of these general terms and conditions of sale by the customer. The click of order validation implies a full and complete acceptance of these terms and conditions.
This Agreement supersedes all prior or contemporaneous agreements, communications, proposals, warranties, and representations, whether oral or written, relating to its subject matter. The customer, therefore, waives his general terms and conditions of purchase.
Article 1. Intellectual Property
Any attempt to intrude or hack, as well as, in the absence of authorization, any reproduction, modification, commercial use, total or partial, of the various elements of the site is prohibited and exposes its author to prosecution.
These general terms and conditions of sale do not imply any authorization to reproduce, modify or use commercially the various elements of the site (name, texts, images, structure, databases...).
Article 2. Order Placement
To place an order, it is necessary to be at least 18 years old and to have the legal capacity or parental authorization to carry out such an operation.
Before you can place an order, it is necessary to create a customer account. During this procedure, ProTubeVR will be provided with personal information (identity, delivery and billing address, e-mail address). This information will only be used to process the order. The information provided must be truthful.
The private area on the site allows you to consult the status of current orders and the history of purchases.
While browsing the site, it will be possible at any time to add an item to the shopping cart.
When the addition of products to the shopping cart is completed, a summary of the order will appear on the screen. At this stage, it will always be possible to remove an item from the shopping cart or to modify the desired quantity of each of the products.
Once this last check has been carried out, the general terms and conditions of sale should be read and accepted.
The last step is payment. In the case of payment by credit card, an automatic redirection is sent to the partner bank's website.
Once the payment has been made, automatic redirection to the ProTubeVR.com site is made.
An order confirmation email will be automatically sent to the customer. In case of non-receipt, ProTubeVR should be contacted immediately.
The ordered goods will only be dispatched from the moment ProTubeVR has actually collected the payment, with the exception of orders by administrative order. For orders by administrative mandate, the shipment of the goods is carried out upon receipt of the order form signed and stamped by the authorized person.
Article 3. Product information
Every effort has been made to ensure the accuracy of the information presented on the ProTubeVR.com website. However, ProTubeVR or its suppliers are not liable for any consequences, incidents, special damages resulting from the accuracy of the information transmitted even if ProTubeVR was aware of the possibility of such damages.
Regulatory compliance data is provided for information purposes only. No product offered for sale has the medical certification. The customer may request before any order is placed, confirmation of the data displayed on the ProTubeVR.com website.
The photos and descriptions of the products are not contractual. Product and manufacturer names and brands are used for identification purposes only.
As virtual reality is still in the process of being tested, the ProTubeVR.com site provides the buyer with the technical information necessary to assess the compatibility of the products offered for sale with the intended use. In this context, ProTubeVR cannot be held liable for operating losses, material and immaterial damage resulting from the use of the products sold.
Article 4. Prices
The prices indicated in Euros do not take into account the VAT applicable on the day of the order.
The prices other than Euros are indicative. Payment is made in Euros. The exchange rate is updated daily.
ProTubeVR reserves the right to change prices at any time.
The customer will be responsible for any additional taxes related to the delivery of the goods in the country of destination and in particular customs taxes.
The amount of shipping costs includes order management, packaging and postage.
Article 5. Payment
The payment is made in Euros. The other currencies on the site are for information purposes only.
Bank charges related to foreign conversion or payment fees are to be paid by the customer.
The ProTubeVR.com website is equipped with a secure payment system by credit card or Paypal or Stripe, provided by a third-party bank.
The information relating to the customer's credit card is only known to this bank or Paypal or Stripe; the ProTubeVR site has no knowledge of the customer's card number or confidential code. The Bank or Paypal or Stripe only sends him a payment confirmation.
If the customer chooses to pay by Paypal or Stripe, the cost of the Paypal or Stripe fees is borne by the customer.
Article 6. Retention of title clause
The goods remain the property of ProTubeVR until full payment of the price by the customer.
Article 7. Resale
We do not authorize professionals or legal entities to resell our products or to use our brand or patents without our prior written and signed agreement.
We keep a list of our approved resellers with the accompanying contracts, with a strict definition of the sales platforms and communications they may use in connection with all elements related to the ProTubeVR business (products, brand and brand identity, patents).
Article 8. Stock and Delivery
Stocks and delivery times are given as an indication and without guarantee. Continuity of references is not guaranteed.
In the event of a stock shortage, ProTubeVR will indicate a provisional delivery date for its product, or replace the product with another.
Products are delivered to the address indicated by the customer on the order form and only in the geographical areas served by the ProTubeVR.com website. All products leave ProTubeVR's premises in perfect condition. The customer must report to the carrier (or the postman) the slightest trace of impact (holes, crushing marks, etc...) on the package and refuse the package. After resolution of the dispute with the carrier, an identical package will then be returned to the customer free of charge, subject to stock. If one or more products are no longer in stock on the ProTubeVR.com website, a reference substitution or refund may be offered. The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be processed.
As with any shipment, delivery could be delayed or the package could get lost. In such a case, ProTubeVR contacts the carrier to start an investigation. Every effort is made, as long as necessary, to find the package. If necessary ProTubeVR will be reimbursed by the carrier and will deliver a new package identical to its expenses subject to stock. If one or more products are no longer in stock ProTubeVR may offer a reference substitution or refund. ProTubeVR declines any responsibility for extending delivery times, particularly in the event of product loss, bad weather or strikes. ProTubeVR cannot be held responsible for the consequences of any kind (operating loss, material, and immaterial damage) due to a delay in delivery, a lost package, or breakage during the delivery of the package.
The information provided by the customer when placing the order is binding on the customer: in the event of an error in the wording of the recipient's contact details, ProTubeVR cannot be held liable for any inability to deliver the product. In the event of a return of the product following an error in the wording of the recipient's contact details by himself, the return costs are the responsibility of the customer.
For deliveries outside metropolitan France, the customer undertakes to pay all taxes due on the import of products, customs duty, value-added tax, and any other taxes due under the laws of the country in which the order is received. ProTubeVR is released from any legal liability if the taxes are not paid by the customer.
For reasons of availability, an order can be delivered to the customer in several installments. The customer then only pays the shipping costs once.
The customer must notify ProTubeVR if he has not received his order within 5 (five) working days after confirmation of the shipment of the order. ProTubeVR may then initiate an investigation with the carrier. In the event that the customer has not notified ProTubeVR within 5 (five) business days, ProTubeVR will not have been able to conduct an investigation and the customer will not have any recourse.
Article 9. Non-compliance
The customer must make any complaint to ProTubeVR on the same day of delivery or at the latest on the first working day following delivery about any non-conformity of the products in kind or in quality with the information given on the order form.
Beyond this period, any claim will be rejected. Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release ProTubeVR from any liability towards the customer.
In the event of a delivery error, any product to be exchanged or refunded must be returned to ProTubeVR as a whole and in its original packaging. To be accepted, any return must be reported and have ProTubeVR's prior approval. Any return in unsuitable packaging will be refused.
Article 10. Products Warranty
ProTubeVR cannot be held responsible for the consequences of any kind (material and immaterial) due to inappropriate use of the products sold.
The provisions of the present contract cannot deprive the customer of the legal guarantee, particularly with regard to any hidden defects in the item sold. All products modified or repaired by the customer or by any entity other than the service providers chosen by ProTubeVR are excluded from this warranty. Any return in non-adapted packaging will be refused.
The terms and conditions of the guarantee are as follows:
- If the product is repairable, the repair is performed and ProTubeVR returns the product to the customer.
- If the product is not repairable, ProTubeVR returns an identical or equivalent new or revised and reconditioned product.
- If repair or exchange is not possible, a refund may be made
If a refund is required :
- We do not refund the shipping cost or custom fees (it is an external cost of ProTubeVR)
Article 11. Right of withdrawal
The right of withdrawal applies only to natural persons. In accordance with articles L. 120-20, the customer has a period of 30 (thirty) (updated from 14 to 30, the 2023/04/04) calendar days to return, at his own expense, products that do not suit him. This period runs from the day after the day of receipt of the order. Any returns must be reported in advance to ProTubeVR. Sensitive products must not have been unsealed.
Only products that have never been used, returned in their entirety, in their original packaging, complete and intact, in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back, or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return shipping costs. In the event that the right of withdrawal is exercised, the customer has the option of requesting either a refund of the sums paid or an exchange of the product.
In the case of an exchange, the reshipment will be at the customer's expense.
In case of exercise of the right of withdrawal, ProTubeVR will make every effort to refund the customer within 30 (thirty) days (updated from 14 to 30, the 2023/04/04).
Article 12. Discount
Customer discounts (loyalty points, anniversary discounts, and any other form of discount) may not take any form other than a discount on the order.
In any case, the customer cannot claim the amount of his discount in monetary form.
Loyalty points must be converted into a discount voucher within one year of ordering. The discount voucher generated allows you to obtain a discount on the amount of a future order.
Some products are excluded from the loyalty program, which is mentioned on the product sheet if applicable.
Article 13. Cookies
In general, the cookie records information relating to navigation on the site (pages visited, date and time of visit, etc.). It also contains information to identify the Internet user.
It is possible to prevent the recording of "cookies" by configuring your browser appropriately. This configuration allows navigation on the site but blocks the placing of orders.
Article 14. Email solicitations
By validating the order, the customer accepts to receive the emails inherent to the ordering process as well as the emails requesting evaluations and moderation from a certified external service provider. In accordance with the law on trust in the digital economy, any customer who has previously placed an order on the ProTubeVR website may receive solicitation emails from ProTubeVR.
Article 15. Protection of personal data
The information provided by the customer when creating his account is mandatory and necessary to manage his order.
No other personal information will be collected by ProTubeVR without the express consent of the customer.
In accordance with the law "Informatique et Libertés", the processing of personal information relating to the customer is subject to a declaration to the CNIL (Commission Nationale de l'Informatique et des Libertés). The customer has (article 34 of the law of 6 January 1978) a right of access, modification, rectification, and deletion of data concerning him, which he can exercise with ProTubeVR at the address indicated in the legal notices.
ProTubeVR undertakes not to communicate, free of charge or in exchange, the details of its customer to a third party.
Article 16. Responsibility
ProTubeVR undertakes to implement the reasonable means necessary to fulfill all its obligations.
The customer and more generally any Internet user acknowledges that data transmissions over the Internet only benefit from relative technical reliability, as they circulate on heterogeneous networks with various characteristics and technical capacities, which are sometimes saturated at certain times of the day. In particular, the customer acknowledges that he is aware of the nature of the Internet network and its technical performance as well as the possibility of interruptions, delays and inaccessibility to the service offered by the site.
Consequently, ProTubeVR can under no circumstances be held liable for :
- The speeds of opening and viewing the pages of the site,
- The suspension or inaccessibility of the service,
- External slowdowns,
- The fraudulent use by third parties of the information provided.
ProTubeVR cannot be held responsible for any malfunctions, losses, or damage that may occur on the customer's workstation.
It is the responsibility of the customer, as it is of any Internet user, to protect his computer against any form of contamination by a virus and against any attempt at fraudulent intrusion, ProTubeVR can under no circumstances be held responsible in such a case.
In no event shall ProTubeVR be held liable if the service offered by the site is incompatible or malfunctions with certain software, browsers, configurations, operating systems or equipment of the customer.
Hypertext links may lead to other sites. ProTubeVR cannot be held liable in the event that the content of other sites contravenes the legal or regulatory provisions in force.
ProTubeVR's liability for failure to perform its delivery obligation shall be limited to the price of the order and shall be proven by the customer.
Article 17. Termination clause
In the event of non-compliance by either party with its obligations under this contract, it may be terminated by the other party.
It is expressly understood that this termination will take place automatically 15 days after the sending of a formal notice to comply, which has remained, in whole or in part, without effect. The formal notice may be served by registered letter with acknowledgment of receipt or by any extrajudicial act.
However, this formal notice must mention the intention to apply this clause.
In any event, such termination shall not prevent the injured party from seeking legal compensation if the situation so warrants.
It is also agreed that this contract may also be terminated unilaterally, and ipso jure, without prior formality, in the event of the opening of insolvency proceedings, or judicial liquidation or in the event of the client's cessation of activity, subject to the public policy provisions applicable in this regard.
Article 18. Force majeure
Neither party shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement due to the fault of the other party or the occurrence of a force majeure event.
Force majeure" means any unforeseeable and exceptional situation or event beyond the control of the parties and not attributable to the fault or negligence of one of them or a subcontractor, which prevents one of the parties from performing one or more of its contractual obligations and which could not be overcome despite all due diligence.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the case-law of the courts: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, or difficulties specific to telecommunication networks external to customers.
Article 19. Special arrangements
For all the provisions of this contract, if one or more of the clauses prove to be null and void or unenforceable, the validity of the other clauses shall in no way be affected or compromised and neither party may claim damages from the other as a result.
The parties will negotiate in good faith in order to replace the clauses in question with valid and enforceable clauses as close as possible to their common intention.
No provision of this Agreement shall be deemed to have been waived, supplemented or amended by either party without an amendment signed by the authorized representatives of both parties deciding to waive, supplement or amend a provision.
Any notice hereunder shall be deemed to have been validly given by sending it by registered mail with acknowledgment of receipt to the address of the other party mentioned at the top of this Agreement.
The notice periods expressed herein shall be deemed to begin to run from the first presentation of the registered letter.
It is formally agreed that any tolerance or waiver by one of the parties, in the application of all or part of the commitments provided for in this contract, whatever the frequency and duration, shall not constitute an amendment to this contract, nor generate any right whatsoever.
Article 20. Litigation management
In the event of disputes arising between the parties in connection with the performance of this contract which cannot be settled amicably, the courts on which ProTubeVR's registered office depends shall have sole jurisdiction to settle disputes.
Only French law is applicable to this contract.
In the event of a translation of this contract, only the French version shall prevail.