General conditions of sale

General Conditions of Sale

OBJECT

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by the company Ligado EURL on the website www.digraphe.fr (hereinafter: " the Site "), or offline.

The Site is an e-commerce platform, which allows Internet users (hereinafter: “ Buyers ”) to acquire personalized and customizable decorative objects, put on sale on the Site (hereinafter: “ Products ”).

The purpose of these general conditions is to define the terms and conditions of the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.

They are accessible at any time via a direct link at the bottom of the Site page.

The applicable version of the general conditions is that available online on the Site on the date of the Buyer's order.

These general conditions of sale prevail over all other general or specific conditions not expressly agreed to by Ligado EURL.

They may be supplemented where appropriate by specific conditions of use for certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over the latter.

The last update of these general conditions of sale dates from December 20, 2023.

SELLER IDENTITY AND CONTACT

The Site is operated by the company Ligado, EURL, registered with the RCS of La Roche-sur-Yon under number 919 194 191, whose head office is located at 8 rue René Coty, 85000 La Roche-sur-Yon (hereinafter: “ Ligado ”), which offers the Products for sale.

Ligado can be contacted at the following contact details, in particular for any complaints:

Postal address:

Linked
8 rue René Coty

85000 La Roche-sur-Yon

Email address: contact@digraphe.fr

LEGAL CAPACITY AND ACCEPTANCE OF GENERAL CONDITIONS

3.1. Legal capacity

The Site is accessible:

To any natural person with full legal capacity to enter into a commitment under these general conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of their legal representative.

To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

3.2. Acceptance of the general conditions

The Buyer's acceptance of these general conditions is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.

PRODUCT FEATURES

4.1. Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can find out, on the Site, the characteristics of each Product that he wishes to order.

4.2. The Products are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them where applicable.

In the event of unavailability of the Product after placing the order, Ligado will inform the Buyer by email: the order will be automatically cancelled and a refund will be made.

4.3. The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only bind Ligado for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products may not correspond exactly to the photographs presented on the Site. In particular, the color and grain of the wood, a natural material, may vary. The size of the object and its weight depend on the customizable elements, and are therefore also likely to be different from those presented on the Site.

These variations do not in any way alter the quality of the Products offered for sale and confirm their unique character.

4.4. Ligado undertakes to transcribe the messages requested by the Buyer as is on the Products and not to make any corrections, even spelling corrections. It is up to the Buyer to check the text requested when placing the order.

The characters allowed for text -type customizations are:

ABCDEFGHIJKLMNOPQRSTUVWXYZ-

4.5. The visual effect produced is the ability to read two words (first names or other) depending on the viewing angle from which the digraph is observed. For words of very different sizes (one of the words is at least twice the size of the other word), the tolerance of the processes used can sometimes make it difficult to read the smallest word. A slight twisting of the plastic elements by the Buyer is generally enough to realign the characters and guarantee the expected visual effect. An alert popup appears on the site before validation by the customer who accepts this risk by placing the order. No refund for this reason can be accepted.

ORDER

5.1. Placing an order

The Buyer must select the Product of their choice and place it in their basket.

He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.

The order is deemed to have been received by Ligado when it can access it.

As part of his order, the Buyer is invited to provide his contact details for delivery and invoicing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be validated.

The Buyer guarantees that all information he provides in the order form is accurate, up to date and sincere and is not tainted by any misleading nature.

He is informed and accepts that this information constitutes proof of his identity and binds him upon validation.

5.2. Order confirmation

At the end of the order, the Buyer immediately receives confirmation of the order by email which:

summarizes the elements of the order and the expected delivery time,
includes a link to the invoice corresponding to the order.

The Buyer must ensure that the contact details provided when ordering are correct and that they enable them to receive the order confirmation email.

If the Buyer does not receive this, he must contact Ligado using the contact details given in Article 2.

Ligado recommends that the Buyer retains the information contained in the order confirmation.

The order confirmation is deemed to have been received by the Buyer on the day and time of issue of the order confirmation email.

PRICES AND PAYMENT TERMS

6.1. Price

The sale prices of the Products are displayed on the Site.

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

Ligado reserves the right, at its sole discretion and under terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

The delivery costs of the Products are indicated before payment and depend on the delivery method selected.

In the event of delivery failure due to an incorrect or incomplete address provided by the Buyer, additional costs may be charged to the Buyer, as indicated in article 7.2.

The applicable price is that displayed on the Site at the time the Buyer's order is registered.

6.2. Payment terms

The full price of the Products is payable upon ordering.

Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be offered on the Site at the time of the order.

The Buyer guarantees to Ligado that he has the necessary authorizations to use the chosen payment method.

Ligado reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.

6.3. Billing

Purchase invoices will be sent to the Buyer by any useful means.

6.4. Reservation of ownership

Ligado retains full ownership of the Products sold until full payment of the price, including delivery costs.

DELIVERY

7.1. Territory of deliveries

Buyers are expressly informed that the Site only offers delivery of Products to the European Union and Switzerland, with the exception of all overseas territories (DOM-TOM, etc.). Any exception must be requested by the Buyer by email or via online chat.

7.2. Delivery methods

Delivery of the Products ordered on the Site is made to the address indicated when the Buyer places the order as the “delivery address” (which may be different from the billing address), which can only be located in one of the countries referred to in Article 7.1, or at a relay point for customers choosing this delivery method.

The Buyer has the option to select the relay point of his choice if he chooses delivery to a relay point. In the event that the Buyer does not spontaneously select a relay point within one hour of ordering, the relay point will be selected by Ligado from among the points close to his postal address.

In the event of a delivery failure due to incorrect or incomplete contact details (destination address, email address, telephone number) provided by the Buyer, or when the Buyer does not show up to collect their package from a relay point within the time limits set by the Carrier, the Buyer is informed and expressly accepts that additional costs may be charged to them.

Different delivery methods may be possible, depending on the categories of Products and their weight.

The Buyer is informed before confirming his order of the possible delivery methods for the Product ordered as well as the times and costs corresponding to each of these methods.

The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product using this method.

7.3. Delivery times

The Site mentions, for each Product offered for sale, indicative delivery times based on operational production constraints and the delivery time commitments of transport providers.

In the absence of delivery within the above period, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered Ligado, according to the same terms, to make the delivery within a reasonable additional period, it has not been carried out within this period.

The contract is considered terminated upon receipt by Ligado of the letter or document informing it of this termination, unless it has been executed in the meantime.

In the event of termination of the contract under the terms above, the Buyer will be reimbursed for all sums paid, including delivery costs, no later than 14 (fourteen) days following the date on which the contract was terminated.

Ligado reserves the right in any event to contact the Buyer in order to offer alternative solutions for reimbursing the price of the Products and delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.

In the specific case where the Buyer selects the “Expedited Processing” option, and the first presentation of the Products by the carrier at the address indicated by the Buyer takes place after the deadline displayed when ordering, Ligado undertakes to make a partial refund, upon simple request by email, of an amount equal to twice the price of the “expedited processing” pricing option selected during checkout. The date of first presentation retained for the application of this specific case is the date of first presentation visible on the carrier's website in the package tracking, or failing that, the actual delivery date.

7.4. Damages

The risks are the responsibility of the Buyer once the order has left Ligado's premises. The Buyer is required to check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note. Any damage to the product that has not been noted on the delivery note at the time of delivery will not give rise to any refund.

The visual effect allowing to see two different strings of characters depending on the viewing angle on the object is optimized for an eye-object distance greater than 2 meters. A slight deformation of the different elements of the Products, and in particular the feet, may cause a misalignment between the characters. This slight deformation is reversible. The Buyer may restore satisfactory alignment by exerting a slight twist on the characters concerned. This slight deformation does not constitute a lasting alteration of the Products and cannot be considered as non-conformity or be the subject of a complaint.

Any complaint or protest concerning an order, in addition to the mention on the delivery note, must be made by reasoned complaint to contact@digraphe.fr within 3 (three) days from the delivery of said order.

RIGHT OF WITHDRAWAL

Given the personalized nature of the Products sold, the 14 (fourteen) day right of withdrawal does not apply to Products sold by Ligado.

An unprocessed order may nevertheless be modified or cancelled, after having obtained the prior and express agreement of Ligado. No refund will be made but a credit for the amount of the order may be credited to the Buyer.

LEGAL GUARANTEES

The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site.

If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Ligado at the contact details mentioned in article 2 hereof, indicating the nature of the defect, non-conformity or damage observed and sending him any useful supporting documents, in particular in the form of photographs.

Ligado will organize the return arrangements with the carrier of its choice, of which it will inform the Buyer by any useful means. Ligado will bear the costs of this return.

The Products must be returned to Ligado in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the terms described above cannot be taken into account.

Ligado will carry out the necessary checks and will offer the Buyer the replacement of the Product if possible. If the replacement of the Product is not possible, Ligado will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Ligado informed it of the impossibility of replacing the Product.

It is recalled that, when acting under the legal guarantee of conformity, any consumer:

benefits from a period of 2 (two) years from delivery of the goods to take action;
may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following its delivery.

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

BUYERS' OBLIGATIONS

10.1. Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.

10.2. It is also the responsibility of Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

10.3. Buyers are solely responsible for the content of the messages they choose to include on the Products (hereinafter referred to as: “ the Content ” ).

They guarantee to Ligado that they have all the rights and authorizations necessary for the dissemination of these Contents.

The Buyer is solely responsible if he asks Ligado to include on the Products ordered a sign protected by copyright or an intellectual property title for which he has no right or authorization.

In this case, the Buyer undertakes to use it exclusively in the private sphere, and not to distribute photographs or videos of said Product to the public, in particular through social networks, and guarantees Ligado in this respect.

In any event, Ligado cannot be held liable in this regard.

10.4. Buyers undertake that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to the civil or criminal liability of Ligado.

Buyers are therefore prohibited from registering on the Products, in particular and without this list being exhaustive:

Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist,
infringing Content,
Content that is detrimental to the image of a third party,
Content that is false, misleading or offers or promotes illegal, fraudulent or deceptive activities,
and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

Any commercial exploitation of the Products by Buyers, without prior agreement from Ligado, is prohibited, and in particular any resale or distribution for payment.

LIGADO’S RESPONSIBILITY

11.1. Ligado undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, Ligado reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Ligado cannot be held responsible for temporary difficulties or impossibilities of accessing the Site that may originate from circumstances beyond its control, force majeure, or that are due to disruptions to telecommunications networks.

11.2. Ligado does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations or constraints.

11.3. Ligado shall not be held liable for the non-performance or delay in the performance of sales contracts due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually recognized by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of disruption or blockage of telecommunications networks, means of transport or postal services including due to strikes, damage caused by viruses for which the security measures existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.

11.4. In any event, the liability that may be incurred by Ligado under these terms is expressly limited to only proven direct damage suffered by the Buyers.

INTELLECTUAL PROPERTY

The "digraphe" brand is registered with the INPI under number 22 4 883 588. Any abusive use will be subject to prosecution.

A procedure for filing a model with the INPI for the models marketed on the site has been initiated.

The systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, databases, etc.) operated by Ligado within the Site are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Ligado are strictly prohibited and may be subject to legal action.

Without prejudice to the rights of third parties, the copyright on the productions made on behalf of the customer remains exclusively the property of Ligado, which reserves the right to commercially exploit Products containing the same customization elements as those used by the Buyer.

PERSONAL DATA

Ligado complies, in the collection and management of the Buyer's data, with the 1978 law known as "Informatique et Libertés" and the European regulation of April 27, 2016 known as "GDPR"

ADVERTISEMENT

Ligado reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Ligado will be the sole judge.

Unless otherwise stated, the Buyer expressly authorizes Ligado to use its corporate name if it is a company, its brand, its logo, as well as the references of its website, as commercial references, on any medium, in particular on its website and social networks, and in any form whatsoever.

Unless otherwise stated, the Buyer expressly authorizes Ligado to use visuals of all or part of the product ordered in its communication, and in particular on its website and social networks, and in any form whatsoever.

Unless explicitly authorized by Ligado, Products customized on behalf of the customer are usable only in a private context. As such, they cannot be resold or used for commercial purposes without the agreement of Ligado.

LINKS AND THIRD PARTY SITES

Ligado may not under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) which the Buyer may access via the Site.

Ligado assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded to be governed by their own terms of use.

Ligado is also not responsible for transactions between the Buyer and any advertiser, professional or trader (including its potential partners) to whom the Buyer may be directed via the Site and may not under any circumstances be a party to any potential disputes with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

PROHIBITED BEHAVIOURS

16.1. The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into Ligado's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to harm the financial, commercial or moral rights and interests of Ligado or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally, more generally, (viii) any breach of these general conditions or of the laws and regulations in force.

16.2. It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.

16.3. In the event of a breach of any of the provisions of this article or, more generally, of breaches of laws and regulations, Ligado reserves the right to take all appropriate measures and to initiate any legal action.

CHANGES

Ligado reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.

LANGUAGE

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

MEDIATION

In accordance with the conditions set out in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code, the Buyer has the right to use the services of the mediator on whom Ligado depends free of charge with a view to the amicable resolution of any dispute relating to the execution of these presents which may oppose it to Ligado.

APPLICABLE LAW AND JURISDICTION

These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of La Roche-sur-Yon will have exclusive jurisdiction to rule on the matter, unless there are mandatory procedural rules to the contrary.

The following link allows you to reach the European online dispute resolution platform: https://entreprendre.service-public.fr/vosdroits/R48100