Terms and conditions of sale
Article 1. Seller
The website www.spotsound.fr (the "SITE") is operated by BLUECHOU EI, 113 avenue de Saint-Ouen, 75017 Paris - France, SIREN 510 397 623, SIRET 510 397 623 00032, EU VAT number FR60510397623 (the "SELLER"). Contact: [email protected].
Article 2. Scope
These terms and conditions of sale (the "TERMS") apply to every order placed on the SITE by a customer (the "CUSTOMER"). Placing an order implies full acceptance of the TERMS in force on the day of the order, which the CUSTOMER acknowledges having read before confirming payment.
Article 3. Made-to-order products
The mascot costumes and items offered on the SITE are made individually, to order ("made to order"), according to the model, sizes, colours and options chosen by the CUSTOMER, and where applicable customised at the CUSTOMER's request. They are not made in advance and are not kept in stock. Photos and visuals are provided for illustration only; slight differences in shade or finish, inherent to handcrafted manufacturing, do not constitute a defect. A proof (a visual for approval before manufacturing) can be provided at the CUSTOMER's request before manufacturing starts. Each mascot is a unique piece, made one at a time: its shape, proportions, colours and finishes may differ from the photos, which show a sample model. These differences are neither a defect nor grounds for cancellation, refund or damages.
Article 4. Order
The order is firm and final as soon as payment is confirmed. A confirmation email summarising the order is sent to the CUSTOMER. The CUSTOMER is responsible for the accuracy of the information provided (sizes, options, delivery address). Manufacturing starts as soon as the order is confirmed.
Article 5. Prices
Prices are shown in the currency displayed on the SITE. For deliveries within the European Union, the VAT of the country of delivery applies. For deliveries outside the European Union, prices are shown excluding VAT; any customs duties, import taxes and clearance fees are payable by the CUSTOMER. Delivery costs are shown before the order is confirmed.
Article 6. Payment
The full price is payable when ordering, using the payment methods offered on the SITE. Payments are processed by secure payment providers; the SELLER does not store any bank card data.
Article 7. Manufacturing and delivery
Manufacturing and delivery conditions are set out in the "Delivery policy" appendix below, which forms an integral part of these TERMS. If the SELLER is unable to deliver the order, the CUSTOMER is informed and the amounts paid are returned.
Article 7a. Lead times, events and customs
Manufacturing and delivery times shown on the SITE, in emails or by customer service are estimates given for information only. As each mascot is made one at a time, these times may vary, especially during busy periods; the SELLER cannot be held liable for manufacturing or transport taking longer than expected, nor for the carriers' own lead times. Exceeding the indicative times gives no right to cancel the order, to a refund or to damages, subject to the rights that the law mandatorily grants to consumers in the event of non-delivery.
Events: if the PRODUCT is intended for an event on a fixed date (trade show, match, opening, party, filming, etc.), the CUSTOMER must contact customer service before ordering, at [email protected], to check that delivery is possible before that date. Without the SELLER's prior written confirmation, no delivery date is guaranteed and the SELLER cannot be held liable for a delivery arriving after the event.
Customs: customs clearance times, inspections, holds or formalities, and the related costs, are beyond the SELLER's control and cannot be attributed to the SELLER.
Article 8. No right of withdrawal
In accordance with Article L221-28 3° of the French Consumer Code and Article 16(c) of European Directive 2011/83/EU, the right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised. As all PRODUCTS sold on the SITE are made to order, no order can be cancelled, returned, exchanged or refunded once payment has been confirmed, including in the event of a change of mind, a wrong size or choice, or a missed event date.
Article 9. No refunds - goodwill gesture
No refunds are made, except only where the law requires it (Articles 7 and 10). As it cares about customer satisfaction, the SELLER may however, at its sole discretion and without obligation, offer a goodwill gesture in the form of a discount voucher or store credit, to be used on a future order on the SITE. A discount voucher or store credit cannot be refunded or exchanged for cash.
Article 10. Legal guarantees
The PRODUCTS benefit from the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), which cannot be excluded. In the event of a proven lack of conformity, the CUSTOMER must contact the SELLER at [email protected] with photos; the SELLER will first repair or replace the PRODUCT. A price reduction or cancellation of the sale may only take place if repair and replacement are impossible, under the conditions provided by law. Minor differences in appearance due to handcrafted manufacturing, normal wear and tear, and damage resulting from misuse do not constitute a lack of conformity.
Article 11. Liability
The SELLER is not liable for delays or non-performance caused by force majeure, by the carrier once the parcel has been handed over, or by incorrect information provided by the CUSTOMER. To the extent permitted by law, the SELLER's liability is limited to the amount of the order concerned; the SELLER cannot be required to compensate indirect losses, such as the cancellation or postponement of an event, loss of business or loss of opportunity.
Article 12. Intellectual property
All content on the SITE (texts, photos, visuals, logos, designs) is the property of the SELLER or its partners. Any reproduction without written permission is prohibited.
Article 13. Personal data
The CUSTOMER's data is used only to process orders and for customer relations, and is never sold. In accordance with the GDPR, the CUSTOMER has the right to access, correct and delete their data by writing to [email protected].
Article 14. Complaints and disputes
Any complaint must be sent to the SELLER at [email protected]. The SELLER undertakes to seek an amicable solution. These TERMS are governed by French law, without depriving the consumer of the protection provided by the mandatory rules of the law of their country of residence. Failing an amicable agreement, the competent courts are those designated by law.
Appendix - Delivery policy
Delivery area. PRODUCTS are delivered to the countries offered when ordering, to the delivery address given by the CUSTOMER.
Manufacturing and shipping. PRODUCTS are made to order in our partner workshops, mainly in Asia, and may be shipped directly from the workshop to the CUSTOMER. Manufacturing and shipping times are shown on the SITE for information only, excluding weekends and public holidays. An email with the parcel tracking number is sent to the CUSTOMER when the order is shipped.
Delivery times and costs. The available delivery options, their times and costs are shown to the CUSTOMER when ordering (choice of carrier), before payment is confirmed. Delivery costs are added to the price of the PRODUCTS.
Customs. For deliveries outside the European Union, any customs duties, import taxes and clearance fees are payable by the CUSTOMER.
Handover of the parcel. The parcel may be handed over against signature. If the CUSTOMER is absent, the carrier leaves a delivery notice allowing the CUSTOMER to collect the parcel.
Delivery problems. The CUSTOMER must check the parcel on receipt and notify the carrier and the SELLER, within three (3) days, of any damage or partial loss found, with photos. If delivery is more than thirty (30) days late after the date indicated, the CUSTOMER may formally request the SELLER to deliver within a reasonable time, under the conditions provided by law.