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These general terms and conditions of sale apply to any purchase made by a natural person on the crocsbetty.com website from Croc’s Betty®, a sole proprietorship registered in the Trade and Companies Register 450027321, with its registered office at 22 rue de Strasbourg - 36000 CHÂTEAUROUX, France, email: contact@crocsbetty.com.

Any order placed on the site necessarily implies the acknowledge acceptance by the customer, of these general conditions.


I - ACCEPTANCE OF THE GENERAL CONDITIONS


The customer agrees to carefully read these General Terms and Conditions and to accept them before proceeding with the payment of an order of products placed on the shop.
The seller advises the customer to read the General Terms and Conditions on each new order, the latest version of the said Terms and Conditions applying to any new order of products.

The customer cannot proceed with the payment of his order without having previously validated the General Conditions of the shop.

As the shop comprises two distinct categories of products, the General Conditions are constructed in this way :

•  In Black: clauses concerning all products of the shop
•  In Purple: clauses concerning only the "Material" category of the shop
•  In Blue: clauses concerning only the "Tutorials" category of the shop

II - PURCHASE OF PRODUCTS ON THE SITE


The customer is asked to provide information to identify him by completing the form available in the section "My account" identified by the icon on the shop.
Fields not notified as "optional" must be filled in in order for the customer’s order to be processed by the seller.
The customer can check on the site, in the category "My account/ Orders" the status of his order.

For products in the "Material" category, the tracking of deliveries can, if necessary, be carried out using the online tracking tools of certain carriers.

The customer may also contact the seller at any time by e-mail at contact@crocsbetty.com for information on the status of the order.


The information that the customer provides to the seller during an order must be complete, accurate and up-to-date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The seller can cancel and refund any order from customer who used wrong information.

III - ORDERS


a - Characteristics of products


The seller undertakes to present the essential characteristics of the products (on the information sheets available on the shop) and the mandatory information that the customer must receive under the applicable law.

The customer agrees to read this information carefully before placing an order on the shop.

Unless expressly stated otherwise on the shop, all products sold by the seller are new and comply with the European legislation in force and the standards applicable in France.

b - Ordering procedure


Product orders are placed directly on the shop. To place an order, the customer must follow the steps described below (please note that depending on the customer’s start page, the steps may differ slightly).

1.  Product Selection and Purchase Options


The customer must select the product(s) of his choice by clicking on the product(s) concerned and choosing the desired characteristics and quantities. Once the product is selected, it is placed in the customer’s shopping cart. The latter can then add as many products as he wishes to his cart.

2.  Orders


Once the products have been selected and placed in their shopping cart, the customer must click on the shopping cart and check that the contents of their order are correct. If the customer has not yet done so, they will then be asked to identify themselves or register.

Once the customer has validated the contents of the shopping cart and has identified himself/herself, will be displayed to his attention an online form completed automatically and summarizing the price, the applicable taxes and, if applicable, the shipping costs.

The customer is asked to check the contents of his order (including the quantity, characteristics and references of the products ordered, the billing address, the means of payment and the price) before validating its contents.

The customer can then proceed with the payment of the products following the instructions on the site and provide all the information necessary for the billing and delivery of the products.

For products in the "Material" category, the customer must also select the chosen delivery method: Tracked Letter, Colissimo Home (with or without signature) or Colissimo Withdrawal.

For products in the "Tutorials" category, a valid email address must be entered on the customer account, the download links being exclusively sent through this way.

The orders placed must include all the information necessary for the correct processing of the order.

3.  Acknowledgement of Receipt


Once all the steps described above are completed, a page appears on the shop to acknowledge receipt of the customer’s order. A copy of the acknowledgement of receipt of the order is automatically sent to the customer by e-mail, provided that the e-mail address communicated via the registration form is correct. It is important to check the spelling of the elements of the email address.

The seller does not send an order confirmation by post or fax.

4.  Validation


During any first order on the shop, a validation of customer account and order is required.

IV - PRICES


The prices are indicated TTC, VAT is not applicable on the shop.

Regarding the "Material" section, the prices of the vendor’s suppliers are subject to change. As a result, prices listed on the shop may change. They may also be changed in case of special offers or sales.

The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the shop on the date the order is placed by the customer.

V - AVAILABILITY OF PRODUCTS


The seller undertakes to deliver the product on the date or within the time indicated to the customer, unless the parties have agreed otherwise.

The unavailability of a product is normally indicated on the product page concerned. Customers may also be informed of the restocking of a product by the seller.

In any case, if the unavailability has not been indicated at the time of the order, the seller undertakes to inform the customer without delay if the product is unavailable.

In the event that a product is unavailable, the seller may, and if the parties agree, propose an alternative product of equivalent quality and price, accepted by the customer.

If the customer decides to cancel his order of unavailable products, he will obtain a refund of all sums paid for unavailable products at the latest within thirty (30) days of payment.

VI - RIGHT OF WITHDRAWAL


With regard to the "Material" category, the terms of the right of withdrawal are those provided for in Article L.221-18 of the French Consumer Code.

Regarding the category "Tutorials", these being delivered by electronic voice, no withdrawal period can be applied from the 1st download of the document ordered: by clicking on the download link, the customer expressly waives his right of withdrawal. As long as the customer does not click on the download link, he can use his right of withdrawal according to article L.221-18 of the consumer code..

VII - PAYMENT


a - Means of payment


The customer can pay for his products online on the shop according to the means offered by the seller.
The customer guarantees to the seller that he holds all the necessary authorizations to use the chosen means of payment.

The seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the shop.
It is therefore specified that all payment information provided on the shop is transmitted to the payment standard Stripe or PayPal and is not processed by it.

b - Delay or refusal of payment


If the bank refuses to debit a card or other means of payment, the customer must contact the seller in order to pay the order by any other valid means of payment.

In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the money flow due by the customer would prove impossible, the order would be cancelled and the sale automatically terminated.

VIII - TRANSFER OF OWNERSHIP


Regarding the category "Material", the seller remains the owner of the delivered products until their complete payment by the customer.

Regarding the category "Tutorials", the seller remains the owner of the products by his copyright and intellectual property.
Each model - as well as its instructions - is the subject of a deposit with a judicial officer before its public dissemination.
Each tutorial is for the exclusive use of the person being licensed on said document. It is strictly forbidden to provide a third person, in any way, all or part of the document acquired. Any breach of the intellectual property code will be the subject of a complaint to the authorised TGI.

Acceptance of these Terms and Conditions constitutes recognition by the customer of the intellectual property rights of the seller and commitment to respect them.

IX - DELIVERY


Concerning the category "Material":


The material is sent by tracked mail (or Colissimo, depending on the volume of the order) on the working day following the order.

Delivery is free for any order with an amount greater than or equal to 60€ in metropolitan France, 70€ in Belgium.

The Post may be held responsible for the loss or damage caused to a shipment entrusted to it under the conditions provided for in articles L.7 and L.8 of the Postal and Electronic Communications Code. In accordance with the liability regime applicable to postal service providers, the amount of compensation shall be fixed within the following limits:
- For all postal items covered by a contractual time-limit commitment, compensation in the event of delay may not exceed the amount of the postage paid by the sender;

In the event of loss or damage, La Poste shall pay, upon request and on presentation of proof of the date of deposit and the amount of postage, compensation not exceeding:
- twice the postage paid by the sender or, if more favourable to the sender, EUR 23 per kilogram (including postage) for ordinary postal consignments, except postal parcels;
- three times the postage paid by the sender or, if more favourable to the sender, 23 euro per kilogram (including postage) for postal consignments covered by a tracking procedure, with the exception of postal parcels;
- EUR 16 for postal consignments covered by formalities attesting to their deposit and distribution, with the exception of postal parcels;
- EUR 23 per kilogram (including postage) for postal parcels.

A postal consignment shall be considered lost if it has not been distributed to the consignee within 40 days of the date of its deposit.

Under these conditions and in order to best solve the problems related to the transport of goods:
- If an order is returned due to an error on the part of the customer (address error on the customer account, not withdrawal of the delivery within the given time, ...), it may be returned against payment of the shipping costs. These shipping costs will be due including for an order with free shipping on the first shipment.
- If an order is returned due to an error by the carrier, it may be returned at the seller’s expense.
- If an order is lost due to a customer error (address error on the customer account, not withdrawal of the delivery within the given time, ...), it cannot be returned or refunded.
- If an order is lost as a result of an error on the part of the carrier, it may be returned (subject to availability of products) at the seller’s expense or fully refunded.

Concerning the category "Tutorials":


a.  Paid tutorials

- Deliveries are made by email, containing the download link(s) of the tutorial(s).
- Each tutorial provided is password protected and has a watermark. The watermark consists of your name and surname. For security reasons, the tutorial also contains encrypted personal information.
- Tutorial orders are sent within 24 hours maximum.
Warning: The email contains the personal password required to open the file (it will be identical for all your tutorials).

b.  Paid for Third Party Tutorial

- In case of order placed to a third party (gift), a gift card will be delivered by email to the customer. The customer will then be able to provide this gift card to the person of his choice who will then be able to use it to order the document on the shop (subject to validation).
- No tutorial will be sent without prior order on the shop.

c.  Free Tutorials

- Free tutorials are sent automatically by email.
- They can also be downloaded via the order history on the customer account, by clicking on the tutorial name in the order concerned.

d.  Customer Exclusive Tutorials

- Customer-only tutorials are reserved for customers of the shop (customer = having placed at least one paid order since their registration). This offer is conditional and cannot be the subject of the issue of a gift card.
- Exclusive tutorials are sent automatically by email.
- They can also be downloaded via the order history on the customer account, by clicking on the tutorial name in the order concerned.

X - SPECIAL CLAUSES GOVERNING THE PRODUCTS OF THE SHOP


a - Sending Format and Document Security


The tutorials sent are in PDF format, password protected, and contain a watermark (first and last name), as well as encrypted personal information (for security reasons).

The use of Adobe Acrobat Reader (version 7.0 minimum, or equivalent) is strongly recommended to avoid any inconvenience.
It is the customer’s responsibility to have a compatible application when reading these documents.

b - Printing of documents


You can download your files and/or print them in paper format via your computer.
Printing is generally not accessible via mobile phone and tablet due to the level of file protection.

c - Restrictive terms of the category "Tutorials"


Any person who has been against the intellectual property rights and copyrights of the company and its manager or who has had a prejudicial behaviour against them will not be able to claim to acquire all or part of the products of the category "Tutorials" of the shop.

d- Destination of products


The shop and the products on offer are for personal use only:

  • The products offered in the "Material" category are not intended for direct resale, without having been previously processed.
  • The products offered in the "Tutorial" category can under no circumstances be used, in whole or in part, as support for the development of other tutorials for resale or free.
Therefore, and to protect the company’s sustainability as well as the creations offered there, the shop is reserved for individuals only. Any order made by a professional, declared or not, may be refused.

XI - PACKAGING


For the category "Material", the products will be packaged according to the transport standards in force, in order to guarantee maximum protection for the products during delivery. Customers commit to the same standards when returning products.

XII - GUARANTEES


Regarding the category "Material", apart from the commercial guarantees that the seller could offer for certain products, any customer benefits from "legal" guarantees, for all products, in accordance with article L.111-1 of the French Consumer Code.

XIII - RESPONSIBILITY


The seller may under no circumstances be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the customer, in particular when entering his order.

XIV - FORCE MAJEURE


Seller liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTCS results from a case of force majeure.

Force majeure in contractual matters occurs when an event beyond the control of the obligor, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.

If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this respect, the seller may not be held liable in particular in the event of attacks by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in case of occurrence of any circumstance or event outside the will of the seller intervening after the conclusion of the GTCS and preventing the performance under normal conditions.

It is specified that, in such a situation, the customer cannot claim the payment of any indemnity and cannot bring any action against the seller.
In the event of the occurrence of any of the aforementioned events, the seller shall endeavour to inform the customer as soon as possible.

XV - PERSONAL DATA


The processing of personal data is detailed in the Privacy Policy accessible on the shop via the Information/ Privacy menu.

XVI - INTELLECTUAL PROPERTY


All visual and audio elements of the shop, including the underlying technology used, are protected by copyright, trademark and intellectual property law.

Any representation or reproduction, in whole or in part, of the shop and/or its contents, by whatever process, without the prior express authorization of the seller, is prohibited and will constitute an infringement sanctioned by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.

Acceptance of these Terms and Conditions constitutes recognition by the customer of the intellectual property rights of the seller and commitment to respect them.

XVII - VALIDITY OF THE GENERAL CONDITIONS


Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such modification or decision does not allow customers to disregard these General Terms and Conditions.

XVIII - MODIFICATION OF THE GENERAL CONDITIONS


These Terms and Conditions apply to all online purchases made on the Shop.
The General Conditions are dated precisely and may be modified and updated by the seller at any time. The General Conditions applicable are those in force at the time of the order.

Changes to the General Conditions will not apply to products already purchased.

XVIX - JURISDICTION AND APPLICABLE LAW


These terms and conditions are governed by French law.

In the event of a dispute, only the French courts will have jurisdiction.

However, prior to any legal recourse, the customer is invited to contact the seller to resolve the dispute amicably.

In the event that the amicable resolution is not envisaged or is not successful, the dispute will be entrusted to the competent court.