General Terms and Conditions of Sale
The present general terms and conditions of sale are concluded on the one hand by the individual business Blacksoulcreations whose registered office is located in Nancy, registered with the Chamber of Trades and Crafts of Meurthe and Moselle under the number 904 908 266 00011 hereinafter referred to as "Blacksoulcreations" and managing the website blacksoulcreations.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website blacksoulcreations.com hereinafter referred to as "the buyer."
Article 1. Purpose
The present terms of sale aim to define the contractual relationships between Blacksoulcreations and the buyer, as well as the conditions applicable to any purchase made through the website blacksoulcreations.com. The acquisition of a product through this site implies the buyer's unconditional acceptance of these terms of sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares, on one hand, that the purchase of products on the blacksoulcreations.com site is not directly related to their professional activity and is limited to strictly personal use, and on the other hand, that they have full legal capacity, allowing them to commit to these general terms of sale.
The sole proprietorship Blacksoulcreations reserves the right to modify these sales conditions at any time, in order to comply with any new regulations or to improve the use of its website. As a result, the applicable conditions will be those in effect on the date of the buyer's order.
Article 2. Product
The products offered are those listed on the website blacksoulcreations.com of the sole proprietorship Blacksoulcreations, subject to availability. The sole proprietorship Blacksoulcreations reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description outlining its main characteristics (pendant measurements, materials used, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the website blacksoulcreations.com is intended for all buyers residing in countries that fully allow the entry of these products into their territory.
Article 3. Rates
The prices listed on the product sheets of the online catalog are in Euros (€). The sole proprietorship Blacksoulcreations is not subject to VAT. The sole proprietorship Blacksoulcreations reserves the right to change its prices at any time, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The indicated prices include delivery charges for France. For other countries, shipping costs are charged in addition to the price of the purchased products based on the total amount of the order. Shipping worldwide.
Article 4. Order and payment terms
The buyer can order without having an account. Or by creating an account on blacksoulcreations.com. The account creation section is accessible directly from the sidebar menu. With each visit, the buyer, if they wish to order or consult their account (order status, profile, etc.), will need to identify themselves using this information. The sole proprietorship offers the buyer the option to order and pay for their products in several steps, with multiple payment options to choose from :
-Secure payment via Paypal or credit card (through the Stripe system): the buyer selects the products they wish to order in the "cart," modifies if necessary (quantities, references...), verifies the delivery address or provides a new one. Then, shipping costs are calculated and presented to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: "Payment by Stripe." The next step prompts them to review all the information, acknowledge and accept the current general terms and conditions of sale by checking the corresponding box, and then invites them to confirm their order by clicking the "Confirm my order" button. Finally, the buyer is redirected to the secure Stripe interface to safely enter their Paypal account details or personal credit card information. If the payment is accepted, the order is recorded, and the contract is definitively formed. Payment via Paypal account or credit card is irrevocable. In the case of fraudulent use of the card, the buyer may request the cancellation of the card payment, and the amounts paid will then be refunded or returned. The cardholder's liability is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of their card. To obtain a refund for the fraudulent charge and any potential bank fees that the transaction may have incurred, the cardholder must contest, in writing, the charge with their bank within 70 days of the transaction, or up to 120 days if the contract binding them to it provides for this. The amounts charged are refunded by the bank within a maximum of one month after receiving the written dispute submitted by the cardholder. No fees for the return of the amounts can be charged to the cardholder.
The confirmation of an order implies acceptance of these terms of sale, acknowledgment of having full knowledge of them, and waiver of the right to invoke one's own purchasing conditions. All provided data and the recorded confirmation will serve as proof of the transaction. If the buyer has an email address and has provided it on their order form, the sole proprietorship Blacksoulcreations will communicate the confirmation of the order registration to them via email.
If the buyer wishes to contact the sole proprietorship Blacksoulcreations; By email at the following address: blacksoulcreation@laposte.net
Article 5. Retention of title
The sole proprietorship Blacksoulcreations retains full ownership of the products sold until the complete payment of the price, including principal, fees, and taxes.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or refund without penalty, except for return shipping costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are processed by Mondial Relais or La Poste, a delivery service with tracking, requiring a signature upon delivery. Delivery times are provided for informational purposes only; if they exceed thirty days from the order date, the sales contract may be canceled and the buyer refunded. The sole proprietorship Blacksoulcreations may provide the buyer with the tracking number of their package via email. The buyer is delivered to their home by their mail carrier. In the event of the buyer's absence, they will receive a notice from their mail carrier, allowing them to pick up the ordered products at the nearest post office within a timeframe indicated by postal services. The risks associated with transportation are the responsibility of the buyer from the moment the items leave the premises of the sole proprietorship Blacksoulcreations. The buyer is required to check the condition of the packaging and its contents upon delivery in the presence of the Mondial Relais agent or the delivery person. In case of damage during transport, any complaint must be made to the carrier within three days of delivery.
- France : Free, shipping costs included in the price: Mondial Relay or La Poste.
- Belgium, Luxembourg, Netherlands : 5 euros, free if order of 50 euros: Mondial Relay.
- Spain, Italy, Portugal : 6 euros, free if order of 50 euros: Mondial Relay.
- Germany, Poland : 15 euros, free if order of 50 euros: La Poste Internationale.
- United States : 20 euros, free if order of 100 euros: La Poste Internationale.
Article 8. Guarantee
All products provided by the sole proprietorship Blacksoulcreations are covered by the legal warranty provided for in Articles 1641 and following of the Civil Code. In the event of a non-conformity of a sold product, it may be returned to the sole proprietorship Blacksoulcreations, which will take it back, exchange it, or refund it. All claims, requests for exchange or refund must be made by email to the following address blacksoulcreations@laposte.net, within fourteen days after delivery.
Article 9. Responsibility
The sole proprietorship Blacksoulcreations, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be engaged for any damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service disruption, or other involuntary issues.
Article 10. Intellectual property
All elements of the site blacksoulcreations.com are and remain the intellectual and exclusive property of the individual company Blacksoulcreations. No one is authorized to reproduce, exploit, or use in any way, even partially, elements of the site whether in the form of photos, logos, visuals, or text.
Article 11. Personal data
The sole proprietorship Blacksoulcreations is committed to preserving the confidentiality of the information provided by the buyer, which they may be required to transmit for the use of certain services. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the internet user has the right to access, modify, and delete information concerning them. They can make a request at any time by email at the following address: blacksoulcreations@laposte.net.