General terms

INTRODUCTION

The DIOSKI company has for main object the conception and the marketing of personalized stickers for winter sports.
The parts: 
1) DIOSKI
Owner: Blanchot Anthony 
958, routes of fréjus 
83440 Fayence - France 
06 52 63 75 84 
contact@dioski.com
SIRET: ***
2) Any natural or legal entity wishing to proceed to a purchase via the web site dioski.com, below called " the customer ".

ARTICLE 1‐ Scope

The present general terms of sale apply without limitation reserve for all the articles proposed in the sale by the DIOSKI company on its web site www.dioski.com.

The order)of articles is reserved for the only users having beforehand acquainted with General terms in their entirety and having accepted them without reserve, by checking the box planned for that purpose.
Sold articles are essentially:
- Stickers personalized for winter sports

ARTICLE 2 – Order

A) Availability of personalized articles
Personalized articles appearing on the www.dioski.com web site are subjected to a deadline of variable manufacturing according to the order book and to the period of the year. This deadline of manufacturing is indicative, it is calculated for a simple order of custom design.

B) Availability of half-personalized articles
Half-personalized articles ordered without personalized articles are available under 1 week, if they are ordered with personalized articles, they will be delivered at the same time according to the deadline of manufacturing.
However if semi-personalized articles turn out temporarily unavailable (stock shortage, republication, etc.) after the order, the DIOSKI company will inform the immediate customer about it and by every possible means.
The latter will can then, in the choice, to wait for the deadline necessary for the supply is to cancel or to modify its order.
If articles turn out unavailable definitively (exhaustion of the stock) after the order, the latter will automatically be cancelled and the price will be restored to the customer under thirty days without restraint.
A order the payment of which was collected can be cancelled on no account or refund.

ARTICLE 3 – Price

A) Price
Articles will be sold to the current price in the day of the recording of the order such as shown on the web site.
The prices are indicated in euros inclusive of all taxes and excluding delivery charges.
Any order made on the site and delivered outside France can be possibly submitted to taxes and/or due customs duties in the State of destination.
These possible customs duties and these taxes are chargeable to the customer and are on his only responsibility.
The DIOSKI company does not have to verify and to inform the customer of these rights of these customs and tax.

B) Modification of the price
The DIOSKI company saves itself the possibility of modifying at any time the prices of sold articles appearing on the web site.
The DIOSKI company refrains to modify the prices of undelivered ordered articles.

C) Terms of payment
Articles are paid with order, by system PAYPAL. The payment is made on-line.
This payment is secured within the framework of the system PAYPAL.
The passed transmitted information is coded by the system SSL and cannot be read during their transport on the network.
The DIOSKI company is not responsible for difficulties of functioning of the service of on-line payment.
The DIOSKI company will refuse to take care of any order which will not have correctly been collected.
The DIOSKI company reserves the right to refuse any order of a customer with whom would exist a dispute.

ARTICLE 4 – Voucher

Le client pourra bénéficier de remise en accord avec l’entreprise DIOSKI en fonction de commande particulière, de sponsoring ou autres cas exceptionnels. Dans ces cas, l’entreprise DIOSKI transmettra au client un code remise utilisable sur le site internet.

The customer can benefit of voucher in agreement with the DIOSKI company according to particular order, to sponsoring or other exceptional cases. In these cases, the DIOSKI company will transmit to the customer a voucher valable on the web site.

ARTICLE 5 – Delivery

Articles bought by the customer will be sent by mail way in followed parcel, or by carriers deprived for the variable deadline according to articles ordered as from the complete payment of the price, at the address indicated by the latter during its order.
In case of unavailability of articles, the DIOSKI company will do his best to deliver them as soon as possible.
The delivery deadlines are communicated for information purposes and a possible overtaking can give rise to no damage and interest, refund, restraint or cancellation of the order by the customer.
Except particular case or unavailability of one or several articles, articles will be delivered at one time.
The DIOSKI company will be in charge of organizing the methods of delivery of sold articles.
Articles travel at the risks and the dangers of the customer even when the order is sent to another addressee.
The customer has to verify the state of delivered articles.
If the parcel was only displayed by the customer, the latter has a deadline of seven days as from the delivery to formulate a complaint by telephone or Email, for non-compliance or vice of delivered articles.
After this deadline, or if articles made the object of a quelquonque use, they will be considered corresponding and exempt from any vice.

ARTICLE 6 – Copyright and intellectual property.

All the creations of the DIOSKI company are protected by the intellectual property law and cannot be copied or reproduced, partially or completely, without the preliminary agreement of the company.

The DIOSKI company being a registered trademark with the INPI, will sign automatically any realizations by his logo affixed on the elements of are choices.

Only logos created specially by DIOSKI for the customer will be sold free of right and use. To note that according to the French Code of the intellectual property (articles L.121-1 to L.121-9), the right of a creation (including right of disclosure, right in the respect for the work and the right for the withdrawal) is attached to his creator in a perpetual and imprescriptible way.

For any orders of personalized articles containing logos of registered trademarks, the customer engages his responsibility and certifies to have the agreement of the brands owners of the logos whom he wishes to make print on these stickers. Consequently, he clears the DIOSKI company of quite responsibility concerning the reproduction of these logos protected by copyrights.

The DIOSKI company makes a commitment not to make mass production without agreement certified by the brands.

By connecting on the web site of the DIOSKI company, which is a holder of all the intellectual property rights relating to it, the customer refrains to copy or to download all or part of his contents, except prior and express authorization of the DIOSKI company.

ARTICLE 7 – Cooling off

The consumer or not professional buyer has, according to the law, a cooling-off period of seven days as from the delivery of articles and can return these at the end of exchange or refund, provided that articles are sent in their original packing and in perfect condition.
When the deadline of seven days expires one Saturday, Sunday or a holiday or non-work day, it is extended until the next first working day.
Articles are to be sent back to the address appearing in the address and phone number of the DIOSKI company (see introduction).
The expenses of forwarding are in the exclusive responsibility of the customer.

ARTICLE 8 – Return, refund and guarantee, responsibility

A) If delivered articles are affected by a latent defect making them unfit for their use, this vice will be eliminated or the polluted product will be replaced by an other one.
If it is not possible, the customer can in his choice obtain the refund of the price or ask for the establishment of credit note to cost on the sale price of another article.
The present guarantee of the latent defects cannot be spread to the possible harmful consequences which these defects would have been able to entail on other goods or people. To assert to right his rights , the customer will have to inform the DIOSKI company by Email or mail, within three days as from the reception of his will to return the product then to send back to him within seven days at the latest from the date of reception, stamp of the being valid carrier.
The expenses of return are chargeable to the customer unless the return is due to an error of shipping.
Only complete returned articles, in perfect condition and in their original packing will be taken back or exchanged.
Articles are to be sent back to the address appearing in the address and phone number of the DIOSKI company (see introduction).

B) Articles sold on the web site are in accordance with the current French regulations.
The DIOSKI company disclaims all liability if the delivered article does not respect the legislation of the country of delivery.

C) The colors of graphs will be necessarily different between your screen and the impression on stickers. The colorimetry of screens ( RVB) and our modes of manufacturing (CMJN or CMYK) is not completely identical.
On no account these differences of colors can entrainer a refusal and a return of the delivery.
Photos and illustrations accompanying articles on the web site have no contractual value and would not thus know how to engage the responsibility of The DIOSKI company.

D) The DIOSKI company makes a commitment to bring all the used care in the profession for the implementation of the service offered to the customer.
Nevertheless, the DIOSKI company cannot be held responsible for the non-fulfillment of the contract in case of stock shortage or of unavailability of the article, the disturbance or the all-out or partial strike in particular for postal services or for means of transportation and/or communication, flood or fire.
The DIOSKI company cannot be held responsible for losses of earnings, commercial losses, losses of data or loss of income or any other indirect damage which was not predictable at the time of the use of the site or the conclusion of the sale contract.
In any event, the responsibility of the DIOSKI company is contractually limited at the level of the price of articles bought by the Customer.

ARTICLE 9 – Computing and liberties - Protection of personal data

The DIOSKI company makes a commitment to protect the personal data communicated by the customer for the signing of its order. These data are collected and handled with the biggest confidentiality. During purchases, is asked only the essential information to assure the quality of the service and the processing of the order.
The DIOSKI company sells, neither markets, nor rents its information in other company.
If the customer does not want to receive announcements and special offers, is offered to him the possibility to send an Email on this matter.
In application of the article 27 of data protection acts of January 6th, 1978, it is reminded that the customer has a right of access, modification, rectification and opposition as regards the information concerning him.
It is enough for the customer to reach its account on the site by means of its email address and of its password.
For any other question concerning the protection of personal data, the customer has the possibility of addressing the DIOSKI company by the way which pleases him.

ARTICLE 10 – Applicable right and competent jurisdiction

All the clauses appearing in the present general terms of sale as well as all the operations of purchase and sale, which are aimed at it, will be submitted to the French law.
All the disputes relative to the commercial relation existing between the DIOSKI company and the customer will be submitted to the exclusive competence of the French jurisdictions.
If the customer acts as storekeeper or as professional, all the ensuing disputes operations of purchase and sale aimed by the present general terms of sale will be submitted to the Commercial court of DRAGUIGNAN ( 83 ).