Terms and conditions
Last updated September 20, 2024
You are connected to offstage.fr (the "Site"). This Site is published by the company OFFSTAGE whose head office is located at 10 place du général Catroux 75017 Paris, registered with the RCS of Paris under number 948 715 206 ("OFFSTAGE").
OFFSTAGE is a member of the Federation of Distance Selling Companies. To find out more, connect to the site accessible at http://www.fevad.com.
These general terms and conditions of sale ("GTC") constitute the basis of the commercial negotiation between OFFSTAGE and the consumer. They govern the sale by OFFSTAGE of Products on the Site ("Product"). The Products sold are reserved for consumers only, within the meaning of the preliminary article of the Consumer Code, aged at least 18 years old, with the legal capacity to contract.
A Customer is considered to be a consumer with the legal capacity to contract and who has purchased a Product on the Site (“Customer”).
Any acceptance of the clause “I have read the General Terms and Conditions of Sale and I accept them” implies the Client’s unreserved acceptance of these General Terms and Conditions.
1. ACCEPTANCE OF THE TERMS OF SALE
The Site is reserved for retail sales to individuals, natural persons, acting for personal purposes (the "Customer"). The Customer declares and guarantees that he acts as the end consumer of the products he orders.
OFFSTAGE is free to modify these terms of sale at any time by publishing them on the Site. In the event of modification of the T&Cs, those that are applicable to the Order are those that were online and that the Customer accepted on the day of placing his Order. The T&Cs, as well as the Order confirmation sent by OFFSTAGE, constitute the contract between the Customer and OFFSTAGE relating to the sale of the Products ordered. Any purchase made on the Site implies the prior acceptance of the T&Cs in their entirety by the Customer when he clicks on the "Pay now" button.
The Customer may first register on the Site by creating an account containing the Customer's information ("the Account").
The Customer must ensure the accuracy and completeness of the data he provides. If he holds an Account, the Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, OFFSTAGE cannot be held responsible for the impossibility of delivering Products.
Furthermore, the Customer has the option to automatically pre-fill the registration form using the “Facebook Connect”, “Google Connect”, “Apple Connect”, “Twitter Connect”, “Discord Connect”, “TikTok Connect”, “Snapchat Connect” and “Spotify Connect” options. To learn more about the protection of personal data during their collection, processing and use as well as the rights and optional settings to protect their privacy, the Customer can consult the privacy policies of Facebook on the site www.facebook.com, of Google on https://policies.google.com/privacy, of Apple on https://www.apple.com/fr/privacy/, of Twitter on https://twitter.com/fr/privacy, of Discord on https://support.discord.com/hc/fr/sections/115000344951-Confidentialit%C3%A9-et-politique, of TikTok on https://www.tiktok.com/legal/page/eea/privacy-policy/fr, of Snapchat on and of Spotify on https://www.spotify.com/fr/privacy.
OFFSTAGE may delete the Client's Account at any time, for any reason, at its sole discretion, without incurring any liability in this regard.
If the Customer has an Account, his/her pseudonym and password are personal to him/her and identify all of his/her actions on the Site. They must not be disclosed to third parties. Any Order placed using the pseudonym and password that corresponds to it will be deemed to have been made by him/her. In the event of disclosure of the pseudonym and password, contact serviceclient@offstage.fr as soon as possible so that they can be deactivated. The Customer is entirely responsible for the use made of the Site using his/her pseudonym and password until he/she has notified OFFSTAGE of their disclosure.
2. INFORMATION ON THE SITE
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, scheduled or not, by OFFSTAGE or its service providers, for the needs of its maintenance and/or security or cases of force majeure (as defined below). OFFSTAGE cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
OFFSTAGE does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the Site or its content. OFFSTAGE cannot be held responsible for data transmission problems, connection problems or network unavailability.
OFFSTAGE reserves the right to modify the Site for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative manner, the Client may be informed of the modifications made, but his acceptance is not required.
3. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limit of available stocks. These details are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of OFFSTAGE. As such, OFFSTAGE cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
OFFSTAGE takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information needs.
Minor differences in shades and other variations of the Products are possible due to differences in image acquisition, display technologies or other technical reasons. OFFSTAGE is not responsible for these variations and discrepancies. No rights may be inferred from typographical errors or obvious mistakes on the Site.
The Customer may also register, via their email address, for an alert informing them by email of the availability of a Product previously out of stock.
4. HOW TO ORDER?
To be able to place an Order, the Customer may first register on the Site by creating an account containing the Customer's information (the "Account") or after having filled his virtual basket by indicating the selected Products and the desired quantities, click on the "Order" button and provide the information relating to delivery and the payment method.
4.1 The taking of an Order on the Site is subject to compliance with the procedure set up by OFFSTAGE on the Site comprising successive stages leading to the validation of the Order.
It is possible to place an Order on the Site 7 days a week and 24 hours a day.
The Customer may select the number of identical Products that he wishes, within the limits of the normal needs of a consumer and available stocks. Any specific Order limitation will be mentioned in the Product sheet available on the Site.
The Customer can gradually place the chosen products in his shopping cart by clicking on the "add to cart" button. These Products will be added to the cart (the "Cart"), which summarizes the Products chosen by the Customer as well as the prices and costs relating thereto.
At any time and until confirmation of the Order, the Customer may change his mind, change the quantities and/or cancel the chosen Products.
4.2 Order the Product(s)
To place an order, the Customer, after having filled his virtual basket by indicating the selected Products and the desired quantities, clicks on the button “Validate my basket” and provides the information relating to delivery and the payment method.
The Customer may also decide to make a micro-donation to benefit an association (for example the Magie à l'Hôpital association), by adding the amount of their choice (from the following options: two, five or ten euros) to the amount of their order. Details relating to OFFSTAGE's support for the actions of the Magie à l'Hôpital association are available on the following page: https://www.offstage.fr/pages/micros-dons. The Customer is informed that their name, first name and email address as well as the amount of their donation will be transmitted to the company CommonCents in charge of managing the donation.
The micro-donation is not refundable.
To validate your order, after having read the contents of your Basket, and once the Customer has completed all the requested information, he will select the payment method chosen to place his Order.
By clicking on the "PAY NOW" button after the order process, the customer accepts the Order as well as all of these General Conditions of Sale fully and without reservation.
4.3 Confirmation of the order
When receiving an order, OFFSTAGE reserves the right to refuse it, in particular in the event that the products are no longer available or in the event of a manifest error in the price or for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for a Customer with the status of consumer. When your Order is accepted, an Order confirmation is sent to the email address provided by the Customer.
The data recorded by the company OFFSTAGE are authentic and constitute proof of all past transactions.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by OFFSTAGE. For this purpose, the Customer formally accepts the use of email for confirmation by OFFSTAGE of the content of his Order. The Order is validated by the Seller sending the Customer an Order confirmation email (the "Order Confirmation"), which forms the contract. The Customer is invited to archive it; Invoices are available in the "my account" section of the Site.
4.4 Refusal to process an Order
OFFSTAGE reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite OFFSTAGE's best efforts to meet its customers' expectations, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order. Apart from the reimbursement of the Product ordered, OFFSTAGE is not liable for any cancellation compensation.
OFFSTAGE cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
OFFSTAGE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or who has acted in breach of these General Terms and Conditions, or in the event of objective suspicion of fraud.
OFFSTAGE strictly prohibits the use of its Site for professional purposes, in particular for the purpose of purchasing for resale for professional purposes. Consequently, OFFSTAGE reserves the right to refuse an Order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered abnormally exceeds the needs of a consumer.
In the event of an inability to supply the Customer with the products ordered, in particular due to a stoppage or delay in production by OFF STAGE's suppliers, the Customer will be informed by OFFSTAGE, which will possibly offer an equivalent product, a refund or, if possible, a credit note.
5. PRICES, TAXES AND PAYMENT TERMS
5.1. Price
The prices of the goods sold are those in effect on the day the order is placed. They are stated in euros, all taxes included (for France and the European Union) and calculated excluding taxes and excluding delivery costs, customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
All Orders, regardless of their origin, are payable in Euros only.
OFFSTAGE reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability. OFFSTAGE reserves the right to modify them in the event of an increase in charges, in particular the VAT rate and in the event of a typographical or publication error.
The Products are payable in cash when the Order is actually placed. The transaction is immediately debited from the Customer's bank card after verification of the data on the card, upon receipt of the debit authorization from the company issuing the bank card.
Delivery costs - as indicated in the Order summary before proceeding to payment - are the responsibility of the Customer.
5.2. Taxes
For some countries, mail delivery organizations or local authorities may request payment of taxes or duties applicable in the country of delivery concerned.
5.3. Payment terms
The Site offers a secure payment service which is carried out via the secure platform of its payment provider Shopify Payment.
Shopify International Limited, an Irish company with registered office at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. For any information, the Customer can consult the following website: https://www.shopify.com/legal/terms-payments-fr .
Payment is made only by credit card: Carte Bleue, Mastercard, Visa and Apple Pay. No payment by check can take place. In the event that the Customer has a credit issued by OFFSTAGE, it is specified that the credits are indivisible, the use of a credit greater than the total amount of the Order results in the loss of the balance. Credits are valid for one year from their issue.
When paying, the Customer is redirected to Shopify Payment's secure payment servers. In order to pay for your order, the Customer will be asked to provide the number and expiration date of your bank card, as well as the cryptogram. The recording of the transaction is subject to an authorization request which allows the status of the card to be checked (opposed, expired, canceled, etc.).
As part of the fight against fraud, 3D Secure payment (or Verified by Visa or MasterCard SecureCode or Safekey for AMEX), a payment system by authentication, has been set up. This service is free and can be triggered for payments by Carte Bleue, Visa and MasterCard. This system allows the Customer's bank to verify their identity at the time of payment. As the identification process is specific to each bank, please check with your bank the authentication process used.
During each transaction, Shopify Payment and the banks of the payment issuer carry out an analysis of the transaction, in order to limit the risks of fraudulent behavior. Following this analysis, certain Orders may be blocked. As such, OFFSTAGE cannot be held responsible for any refusal to proceed with an Order blocked due to suspicion of fraud.
This information is recorded only on Shopify's secure payment servers. The SSL (Secure Socket Layer) protocol guarantees the confidentiality of the payment information transmitted. At no time does this information transit on the Site; OFFSTAGE does not store any data relating to payment. OFFSTAGE does not have access to its Customers' payment data which is directly transmitted to Shopify.
Your payment record can be kept by printing the summary ticket provided on the [bank website] website at the end of the payment process.
The Customer expressly acknowledges that the communication of his bank card number when placing the Order constitutes authorization to debit his account up to the price of the Products ordered. Where applicable, a notification of cancellation of the Order for non-payment is sent to the Customer by OFFSTAGE to the email address provided by the Customer when registering on the Site.
The data recorded and stored, excluding payment data, by OFFSTAGE constitutes proof of the Order and all past sales. The data recorded by Shopify constitutes proof of any financial transaction between the Customer and OFFSTAGE
If within fifteen days following the implementation of the preceding paragraph, the Customer has not paid the amounts remaining due, the sale will be automatically cancelled and may give rise to the allocation of damages in favor of the company OFFSTAGE.
6. DELIVERY CONDITIONS - TRANSPORT COSTS
6.1. The Products may only be delivered after full payment of the price stated on the Order confirmation, plus delivery costs.
6.2. Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”). Ownership and risks (including loss or damage) relating to the Products ordered will be transferred to the Customer upon delivery.
6.3. Delivery takes place, according to the Customer's choice, either by collection of the Products at the selected collection point (at a Relay Point, subject to acceptance of the package by the selected Relay Point), or by receipt of the Products at the postal address indicated, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company).
6.4. Delivery cannot be made to hotels or PO boxes.
6.5. As soon as the Products ordered by the Customer are shipped, a confirmation by the carrier will be sent to the email address provided by the Customer when placing the Order. The Products will be delivered to the address provided by the Customer when placing the Order. The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order.
6.6. Unless subsequently modified, transport is provided in particular by the France services: Colis Privé, Colissimo, Mondial Relay, Chronopost Shop2Shop for France and Colissimo, B2C Europe, Mondial Relay, DHL for international, from Monday to Saturday, depending on the destination and the option chosen by the Customer when confirming their Order.
6.7. OFFSTAGE delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being calculated from the first working day after validation of the Order.
6.8. In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
6.9. In the event of delivery exceeding the estimated deadline set in the Order Confirmation, or, failing such a date, within thirty days following the Order Confirmation, after OFFSTAGE has been ordered, in the same manner and without result, to make the delivery within a reasonable additional period, the Customer may request cancellation of the sale and obtain reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, OFFSTAGE may not be held liable for any harmful consequences resulting from a delay in delivery, only reimbursement of the Product by OFFSTAGE being possible to the exclusion of any other form of compensation.
6.10. In the event that Delivery cannot be made due to an incorrect delivery address, in the event of the carrier being absent upon delivery or in the event that the Customer fails to collect their Order from the selected collection point, no reshipment may be made and the Customer will be reimbursed within 15 (fifteen) days from receipt of the Order by OFFSTAGE.
SHIPPING POLICY
All our France / EU / International delivery policies are available on offstage.fr at the following address: https://offstage.fr/policies/shipping-policy
7. RIGHT OF WITHDRAWAL – RETURN AND REFUND
7.1. The Customer has the right of withdrawal in accordance with Articles L121-20-1 et seq. of the Consumer Code.
In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal with OFFSTAGE without having to justify his decision. Beyond this period of fourteen (14) days, the sale is firm and final.
For commercial purposes, OFFSTAGE has extended this legal period for the Client to exercise its right of withdrawal to thirty (30) days.
The exercise of the right of withdrawal may be carried out by any unambiguous declaration to OFFSTAGE. We recommend that you exercise your right of withdrawal by sending the model withdrawal form in Appendix 1 of the General Conditions of Sale to OFFSTAGE either by post or by email to serviceclient@offstage.fr.
The Customer cannot exercise his right of withdrawal for a Product that is clearly personalized or made to his specifications.
The right of withdrawal is exercised without penalty.
7.2. Return terms
The costs and risks of returning the product remain the responsibility of the Customer regardless of the place of Delivery. The return of the Products is at the Customer's risk if the Customer chooses a return method other than that proposed by OFFSTAGE.
Within 14 (fourteen) calendar days from the notification of the Customer's wish to withdraw, the Products must be returned to us at the address indicated on the return slip received with his Order. For commercial purposes, OFFSTAGE has extended this legal period to thirty (30) days. To make a return, the Customer must follow this procedure.
We recommend that you return the products intact and complete and without having been subject to prolonged wear.
In accordance with article L221-23 of the consumer code, you may be held liable in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.
If the package is returned unopened (unopened, unarrived or refused), it will be refunded excluding return costs, in accordance with this article.
In all cases of return of an ordered Product, the Customer is responsible for the shipment. It is advisable to return the products by registered mail with request for acknowledgment of receipt.
It is therefore up to the Customer to be aware of the costs incurred by the return with the service provider chosen by the Customer.
The reimbursement of the Order and the standard delivery costs by OFFSTAGE will be made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, subject to having received the Product subject to the right of withdrawal within this period. OFFSTAGE will make the reimbursement using the same means of payment as that which was used for the payment of the Order. If this means of payment has expired, the Customer must contact customer service to change the reimbursement method. OFFSTAGE cannot be held responsible for the delay in the reimbursement.
The refund of an Order paid with a credit will be made automatically in credit.
If the Customer fails to comply with these General Terms and Conditions, OFFSTAGE will not be able to reimburse the Products concerned.
8. LEGAL GUARANTEES
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, except for the guarantees provided by law.
The warranty covers the entire Product and includes the replacement of defective Products. The warranty is expressly excluded in cases of misuse, wear and tear or external material incidents.
Regarding textiles, it is strongly recommended to follow the instructions for use specified on the inside label.
OFFSTAGE guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site, allowing the Customer to return defective or non-compliant Products delivered free of charge. However, Products modified, repaired or integrated by the Customer are excluded from the warranty. The warranty will not apply to apparent defects, or those that the Customer knew about or could not ignore when placing the Order, in particular with regard to the information provided by OFFSTAGE. The warranty will also not cover Products damaged after transfer of risks to the Customer, or due to improper use.
8.1 Legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code)
If the Customer finds a lack of conformity of the Product, within the meaning of Article L. 217-5 of the Consumer Code, he may exercise the legal guarantee of conformity within a period of two (2) years from Delivery of the Product, and is exempt from providing proof of the existence of the lack of conformity during this period.
Your request must be sent to the Customer Relations Department at serviceclient@offstage.fr.
When the legal guarantee of conformity is implemented, in accordance with Articles L. 217-9 and L. 217-10 of the Consumer Code, OFFSTAGE undertakes:
Either to repair the Product or replace it with an identical product depending on available stocks, at the Customer's choice, unless this choice results in a cost that is clearly disproportionate for OFFSTAGE compared to the other option, taking into account the value of the Product or the significance of the defect;
Either to reimburse the price of the Product if the repair and replacement of a Product prove impossible, or if the replacement or repair as the case may be presents a major inconvenience for the Customer, or if the replacement or repair as the case may be cannot be implemented within one month of the Customer's request.
8.2 Hidden defects (articles 1641 et seq. of the Civil Code)
If the Customer finds a hidden defect within the meaning of Article 1641 of the Civil Code, he may exercise the legal guarantee against hidden defects within two years from the discovery of the defect. The defect must predate the sale.
Your request must be sent to the Customer Relations Department by email at serviceclient@offstage.fr.
The Products delivered are systematically checked before shipment and have been subject to checks to ensure their conformity with their description on the Site, in accordance with Articles L.211-4 et seq. of the Consumer Code. This conformity of the Products is guaranteed for a period of 2 (two) years from the delivery of the Product.
If the error, lack of conformity or defect is validated by us, you will then be entitled to the replacement or repair of the Product concerned under the conditions provided for by law. When the guarantee against hidden defects is implemented, the Customer has the choice between, after assessment of the defect:
Return the Product and have the price refunded;
Keep the Product and get a partial refund.
Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive.
Article L217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.
Article L217–5 of C of the Consumer Code: “The good complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
o If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
o If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted
Article L.211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
8.3 Force Majeure
In the event of the occurrence of a force majeure event preventing the execution of the Order or these General Terms and Conditions, OFFSTAGE will inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of OFFSTAGE or the Client without compensation from either party.
9. WARRANTIES - LIABILITY
OFFSTAGE's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter.
We undertake exclusively to comply with the applicable legal and regulatory provisions in force in France. No regulations specific to the country of delivery and/or consultation of the Site may be invoked against us.
The Customer is solely responsible for compliance with the regulations applicable in your country. And it is up to him to inquire with the local authorities of your country about any possible restrictions on the import, export or use of the Products ordered on the Site.
The Site is accessible 7 days a week and 24 hours a day, subject to its closure for maintenance or repair or in the event of force majeure or any event beyond our control. OFFSTAGE provides no guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a functionality of a computer or to hinder the proper functioning of the latter, including any transmission resulting from a download of any content made by the Client, the software used by the latter to download the content, the Site or the server that provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this nature that proves harmful.
The Customer acknowledges that he assumes all risks related to any content downloaded or otherwise obtained through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the download of this content.
OFFSTAGE is only required to deliver Products that comply with the contractual provisions.
In the event of damage caused by a safety defect in the Product, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the Product packaging.
The Seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the actions of the Customer, or to the actions of a third party to the contract, or to force majeure.
10. RESERVATIONS OF OWNERSHIP
10.1 intellectual property: The elements belonging to OFFSTAGE such as the Site, brands, designs, images, texts and logos are the exclusive property of OFFSTAGE or have been granted to it.
These conditions of sale do not entail any transfer of intellectual property rights of any kind over the elements belonging to it.
The Client shall not directly or indirectly infringe our intellectual property rights.
10.2 OFFSTAGE retains full ownership of the Products sold until full payment of the price, including principal, costs, taxes and mandatory contributions.
11. PROTECTION OF PERSONAL DATA
All information relating to the Client is only used in the context of its commercial relationship with www.offstage.fr. This information is never shared with third parties or resold for purposes other than the execution of the services provided by OFFSTAGE. To learn more about the processing of personal data and the Client's rights relating to this data, consult our Privacy Policy: https://offstage.fr/policies/privacy-policy.
Finally, the Client's banking information is never in the possession of OFFSTAGE. Transactions are entirely processed by the secure payment module of our partner Shopify Payment.
The Site uses cookies (connection witnesses), which the user is informed of when arriving on the website. To learn more, see our Privacy Policy.
11.1 Collection of personal data
Within the framework of these General Terms and Conditions, OFFSTAGE, the controller of personal data, carries out personal data processing of your data.
11.2 Purposes
The purposes of this data processing are: the management of Orders and the management of commercial relations with the Customer. In particular, they allow OFFSTAGE to have the Products shipped, and possibly to contact the Customer in the event of cancellation or modification of the Products ordered. This personal data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow OFFSTAGE to improve and personalize its services and the information it sends to the Customer.
11.3 Exercise of rights
In accordance with current national and European regulations on the protection of personal data, the Client may exercise his rights of access, rectification, deletion, opposition, limitation and portability where applicable and define the fate of his personal data "post mortem":
By email: by writing to the address: dpo@offstage.fr
Or by mail to the address: OFFSTAGE- Customer Service - 10 place du Général Catroux - 75017 PARIS.
In order to allow us to respond, it is imperative to indicate the name, first name, e-mail, and address of the Customer. Certain requests to exercise your rights (in particular the right of access) must be accompanied by a photocopy of an identity document bearing the Customer's signature in order to verify their identity and specify the address to which the response should be sent.
A response will then be sent to him within 1 (one) month following receipt of the request, which may be extended to 2 (two) months taking into account the complexity and number of requests.
11.4 If the Customer's telephone number is collected when creating the Account or placing an Order, their telephone contact details will only be used for the proper execution of their Orders. In accordance with legal provisions, the Customer may register free of charge on the telephone canvassing opposition list, which applies to all professionals except those with whom the Customer has already entered into a contract. The Customer may oppose telephone canvassing from companies of which they are not a consumer by registering on
12. ARTICLE 12 - APPLICABLE LAW - DISPUTES - MEDIATION
12.1. These General Terms and Conditions are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction. If the purchaser is a trader, the courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction.
12.2. In the event of a dispute arising from an order or sale, the Customer may submit a written complaint to Customer Service serviceclient@offstage.fr.
12.3. In the event of a complaint not resolved amicably by Customer Service and for a period of one (1) year, national or cross-border disputes which may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be submitted to mediation at the request of the Consumer.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, OFFSTAGE adheres to the Consumer Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Consumer Mediator FEVAD, BP 20015- 75362 PARIS CEDEX 8– http://www.mediateurfevad.fr. After a prior written approach by the Customer to OFFSTAGE Customer Service, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, click here.
In accordance with European law (Article 14 of Regulation (EU) No 524/2013), an Online Dispute Resolution platform has been set up. It facilitates the out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible on the following website https://webgate.ec.europa.eu/odr/
12.4. In addition, the Customer always has the option of taking legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, when the Customer is a consumer, to any legally competent court.
13. GENERAL INFORMATION
13.1. No tolerance, inaction or inertia on the part of OFFSTAGE may constitute a waiver of its rights under the T&Cs, such a waiver may only be made by express declaration.
13.2. In the event that one or more provisions of the conditions of sale are considered invalid by a competent court, the other clauses will retain their scope and effect.
13.3. The computerized records will be kept in our computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Site or by email.
Withdrawal form template - Download the form
(Complete and return this form to the email address below with the Order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of OFFSTAGE – 10 place du Général Catroux – 75017 PARIS
Email: serviceclient@offstage.fr
Subject WITHDRAWAL
I hereby notify you of my withdrawal from the contract for the sale of the good(s) below: (identification of the Product(s) on which the right of withdrawal is exercised)
Ordered on (order date) and/or received on (delivery date)
Name of Consumer Client:
Consumer Customer Address:
Signature of the Consumer Client (only if this form is notified on paper)
Date :
For any information, you can contact Customer Service at serviceclient@offstage.fr