General conditions of sale

 

General Terms and Conditions of Sale

1. PURPOSE

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

The Site is an e-commerce platform that allows internet users (hereinafter: "the Buyers") to purchase personalized and customizable decorative items, sold on the Site (hereinafter: "the Products").

The purpose of these general conditions is to define the terms and conditions for 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 the one available online on the Site on the date of the Buyer's order.

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

They may be supplemented, if necessary, by special terms of use for certain services offered on the Site, which supplement these general conditions and, in case of contradiction, prevail over them.

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

2. SELLER IDENTITY AND CONTACT

 

The Site is operated by Ligado, EURL, registered with the RCS of La Roche-sur-Yon under number 919 194 191, whose registered 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 details, particularly for any complaint:

Postal address:  

Ligado
8 rue René Coty

85000 La Roche-sur-Yon

Email address: contact@digraphe.fr

 

3. LEGAL CAPACITY AND ACCEPTANCE OF GENERAL CONDITIONS

3.1. Legal Capacity

The Site is accessible to:

 

• Any natural person with full legal capacity to commit under these general conditions. A natural person who does not have full legal capacity may only access the Site with the consent of their legal representative.

• Any legal entity acting through a natural person with the legal capacity to contract on behalf of and for the legal entity.

 

 

3.2. Acceptance of 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 with reservations is considered null and void. A Buyer who does not agree to be bound by these general conditions must not place an order on the Site.

 

 

4. PRODUCT CHARACTERISTICS
   

4.1. Before any online order and in application of the provisions of Article L111-1 of the Consumer Code, the Buyer can consult, on the Site, the characteristics of each Product they wish to order.
 

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

In the event of a Product being unavailable after the order has been placed, Ligado will inform the Buyer by email: their order will be automatically cancelled and a refund will be issued.

4.3. The photographs and descriptions of the Products offered for online sale are as accurate as possible. They only commit Ligado as far as explicitly indicated. However, the Buyer is informed and accepts that some characteristics of the Products may not exactly match the photographs presented on the Site. In particular, the color and grain of the wood, a natural material, may vary. The size and weight of the object depend on the customizable elements, and are therefore also likely to differ from those presented on the Site.

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

4.4. Ligado undertakes to transcribe the messages desired by the Buyer exactly as they are onto the Products and to make no corrections, not even spelling ones. It is the Buyer's responsibility to check the requested text when placing the order.

The authorized characters for text personalizations are as follows:

ABCDEFGHIJKLMNOPQRSTUVWXYZ-

 

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

 

5. ORDER
   

5.1. Placing an Order

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

 

They can access their cart summary at any time until the order is definitively validated and can correct any errors in the entered information. 

 

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

 

When placing their order, the Buyer is invited to provide their contact details for delivery and billing purposes. They must fill in all fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated. 

 

The Buyer guarantees that all information they provide in the order form is accurate, up-to-date and sincere, and is not misleading in any way.

 

They are informed and accept that this information serves as proof of their identity and binds them once validated.

 

5.2. Order Confirmation

After placing their order, the Buyer immediately receives an email confirmation that: 

• summarizes the order details and the estimated delivery time,
• includes a link to the invoice corresponding to the order.

The Buyer must ensure that the contact details provided during their order are correct and allow them to receive the order confirmation email. 

 

If they do not receive it, the Buyer must contact Ligado at the contact details mentioned in Article 2.

 

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

 

The order confirmation is deemed received by the Buyer on the day and at the time the confirmation email is sent.

 

6. PRICES AND PAYMENT METHODS
   

6.1. Prices

The selling 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 according to modalities of its sole judgment, to offer promotional offers or price reductions.

 

Delivery costs for the Products are indicated before payment and depend on the selected delivery method.

 

In the event of delivery failure due to incorrect or incomplete address information provided by the Buyer, additional charges may be incurred, as indicated in Article 7.2.

 

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

6.2. Payment Methods

The total price of the Products is due upon order.

 

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 they have the necessary authorizations to use the chosen payment method.

 

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

 

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

6.3. Invoicing

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

6.4. Retention of Title

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

 

7. 
   DELIVERY
   

7.1. Delivery Territory

Buyers are expressly informed that the Site only offers Product delivery to the European Union, with the exception of all overseas territories (DOM-TOM...). Other countries (notably Switzerland and the United Kingdom) are offered and are subject to "tax-free" sales, which means that the VAT of the receiving country as well as any customs fees remain the responsibility of the Buyer. 

Any shipment to another territory must be requested by the Buyer by email or via online chat and will be subject to specific invoicing.

 

7.2. Delivery Methods

Delivery of Products ordered on the Site is made to the address indicated during the Buyer's 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 to a relay point for customers choosing this delivery method.

The Buyer has the option to select the relay point of their choice if they choose delivery to a relay point. In the event that the Buyer does not spontaneously select a relay point within one hour of placing the order, the relay point will be selected by Ligado from points near their postal address.

 

In the event of delivery failure due to erroneous or incomplete contact data (destination address, email address, phone number) provided by the Buyer, or when the Buyer does not show up to collect their package at a relay point within the time limits set by the Carrier, the Buyer is informed and expressly accepts that additional charges may be incurred.

 

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

 

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

 

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

 

7.3. Delivery Times

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

In the absence of delivery within the above deadline, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having enjoined Ligado, in the same manner, to make delivery within a reasonable additional period, it has not performed within this period.

 

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

 

In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for all sums they have 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 approach the Buyer to offer alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must explicitly and on a durable medium express their acceptance of the choice of an alternative reimbursement method.

 

In the particular 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 occurs after the deadline displayed at the time of order, Ligado undertakes to make a partial refund, upon simple request by email, in an amount equal to twice the price of the "expedited processing" pricing option selected at checkout. The first presentation date used for the application of this particular case is the first presentation date visible on the carrier's website in the parcel tracking, or failing that, the actual delivery date.

 

7.4. Damages

Risks are borne by the Buyer as soon as the order has left Ligado's premises. The Buyer is required to check the conformity of the delivered goods 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 be eligible for a refund.

 

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

 

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

 

 

8. 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 unfulfilled order may nevertheless be modified or cancelled, after obtaining Ligado's prior and express agreement. No refund will be made, but a credit note for the amount of the order may be credited to the Buyer.

 

9. 
   LEGAL GUARANTEES

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

 

If the Buyer finds that the Product delivered to them has a defect, a lack of conformity, or is damaged, they must inform Ligado at the contact details mentioned in article 2 herein, indicating the nature of the defect, non-conformity, or damage observed and sending all relevant supporting documents, particularly in the form of photograph(s).

 

Ligado will arrange the return procedures 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.

 

Products must imperatively 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 a replacement of the Product if possible. If replacement of the Product is impossible, Ligado will refund 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 them 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 the delivery of the goods to act;
• can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the conformity defect of the goods during the twenty-four months following their 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 invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, they can choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

 

10. BUYER 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. Furthermore, it is the Buyers' responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.

10.3. Buyers are solely responsible for the content of the messages they choose to inscribe on the Products (hereinafter referred to as: « the Content » ). 

They guarantee Ligado that they have all the necessary rights and authorizations for the dissemination of this Content.

 

The Buyer is solely responsible if they ask Ligado to include on the ordered Products a sign protected by copyright or an intellectual property right for which they do not have any right or authorization.

 

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

 

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

 

10.4. Buyers undertake that said Content is lawful, does not violate 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 engage Ligado's civil or criminal liability.

 

Buyers are thus prohibited from inscribing on the Products, notably and without this list being exhaustive:

• pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Content,
• infringing Content,
• Content damaging to the image of a third party,
• false, misleading Content or offering or promoting illicit, 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 consideration.  

11. 
    LIGADO'S LIABILITY

 

11.1. Ligado undertakes to regularly perform checks to verify the functioning 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 access to the Site resulting from circumstances beyond its control, force majeure, or disruptions of telecommunication networks.

11.2. Ligado provides no guarantee to the Buyer regarding the suitability of the Products for their needs, expectations, or constraints.

11.3. Ligado cannot be held responsible for 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 exceptional weather, natural disasters, fires and floods, lightning, terrorist attacks, breakdowns or blockages of telecommunication networks, means of transport or postal services including due to strikes, damage caused by viruses for which existing security measures on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities that would substantially modify these general conditions, are considered as cases of force majeure, in addition to those usually recognized by French courts.

 

11.4. In any event, the liability that may be incurred by Ligado hereunder is expressly limited to proven direct damages suffered by the Buyers.

 

 

12. INTELLECTUAL PROPERTY

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

A model registration procedure with the INPI for the models marketed on the site is underway.

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by Ligado within the Site are protected by all intellectual property rights or database producer rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, dissemination 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 proceedings.

Without prejudice to the rights of third parties, the copyrights on the productions carried out on behalf of the client remain the exclusive property of Ligado, which reserves the right to commercially exploit Products incorporating the same personalization elements as those used by the Buyer.

 

 

13. PERSONAL DATA

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

 

14. ADVERTISING

Ligado reserves the right to insert on any page of the Site and in any communication to Buyers all advertising or promotional messages in a form and under conditions that Ligado alone will determine.

 

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

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

Except in the case of explicit authorization by Ligado, personalized Products for the client are to be used exclusively for private purposes. As such, they cannot be resold or used for commercial purposes without Ligado's agreement.

 

 

15. LINKS AND THIRD-PARTY SITES

 

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

 

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

 

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

 

 

16. PROHIBITED BEHAVIOR

 

16.1. Strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) all intrusions or attempts to intrude into Ligado's systems, (iii) all misappropriation of the Site's system resources, (iv) all actions likely to impose a disproportionate load on the latter's infrastructure, (v) all infringements of security and authentication measures, (vi) all acts likely to harm Ligado's or its Site users' financial, commercial or moral rights and interests, (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 current laws and regulations.

 

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

 

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

 

 

17. MODIFICATIONS

  

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.

 

 

18. LANGUAGE

 

In the event that these general terms and conditions are translated into one or more languages, the French language shall be the language of interpretation in the event of any contradiction or dispute concerning the meaning of a term or provision.

 

 

19. MEDIATION

 In accordance with the provisions of the Consumer Code concerning "the consumer dispute mediation process", after having contacted Ligado and in the absence of a satisfactory response from the Buyer, the Buyer has the option of resorting free of charge to a consumer mediation procedure with:

 

20. APPLICABLE LAW AND JURISDICTION

 

These general terms and conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of La Roche-sur-Yon shall have exclusive jurisdiction to rule on it, unless imperative procedural rules dictate otherwise.  

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