TERMS AND CONDITIONS OF ONLINE SALE – DEADPOOLSHOP.CO.UK
1. Legal Notices
The present Terms and Conditions of Online Sale (hereinafter referred to as the “T&Cs”) exclusively apply to commercial relations concluded between:
The Company DEADPOOLSHOP
Email address: [email protected]
Customer Support: +44 7 44 412 117
Address: 9 Mallow St, London EC1Y 8RQ, UK
Opening Hours: Mon to Fri (9 a.m. to 6 p.m.)
Hereinafter referred to as “the Seller”.
AND
Any natural or legal person with the legal capacity to make a purchase through the DEADPOOLSHOP.co.uk Website (hereinafter referred to as “the Site”), hereinafter referred to as “the Client”.
The Site is owned by Deadpool Shop EURL.
The website host is OVH SAS, located at 2 rue Kellermann – 59100 Roubaix, France, with the phone number: 1007.
2. General Principles
The present Terms and Conditions of Sale define the terms of online sales concluded between the Seller and any Client making a purchase through the DEADPOOLSHOP.co.uk Website.
The present T&Cs are written in English and prevail over any other version.
The Client declares having read the following provisions before placing an order for the Products. By placing an order, the Client fully and unconditionally agrees to these Terms and Conditions of Sale.
3. Legal Majority and Capacity
The Client declares that they are legally capable of entering into this contract, meaning that they have reached the legal age of majority and are not under guardianship or curatorship.
4. Products
The essential characteristics of each product are described on the Site.
5. Ordering
The Client can place an order directly on the Site. It is specified that all orders placed on the Site are binding and require payment.
To place an order, the Client must:
- Fill their cart with one or more Products;
- Provide the billing and/or shipping address;
- Choose the shipping method.
Once the order is filled, the Client has the option to review the Products ordered, the total price, and the conditions of the order.
The order will be finalized only upon the last validation of the order summary screen.
6. Order Confirmation
Once the order is placed, a detailed acknowledgment of receipt will be sent to the email address provided by the Client.
This email confirms that the Client’s order has been received by the Seller. Please note that this acknowledgment does not confirm product availability.
7. Product Availability
The Seller commits to fulfilling orders only within the limits of available stock.
If a product is unavailable, the Client will be informed as soon as possible. They may then cancel or modify the order. In the case of cancellation, the Client will be refunded within 14 days.
The Terms and Condit
8. Product Prices
ORDERS ON THE SITE ARE SUBJECT TO PAYMENT OBLIGATIONS.
Product prices are stated in GBP, including VAT. They take into account the applicable VAT rate for the UK on the date of the order.
The listed prices do not include shipping costs, which are generally borne by the Client, as per the provisions in Article 9 below.
Promotional offers are valid only within the dual limit of the duration of the offer and the available stock.
Cost of Using Remote Communication Techniques
Access to the Site is through the Internet.
The costs of accessing the Internet via a remote communication service are the responsibility of the Client.
9. Shipping Costs
Shipping/return costs are the sole responsibility of the Client, unless otherwise specified in Article 11 regarding non-compliance or defects with the Product. These costs include order processing and packaging.
10. Payment
Products are payable upon confirming the shopping cart.
Payment Methods
Payment is made online at the time of the order via credit card or PayPal.
Transaction Security
To optimize the security of online transactions, deadpoolshop.co.uk uses an SSL (Secure Socket Layer) payment system, ensuring all necessary measures are taken to guarantee the confidentiality and security of transmitted data during online payments.
Our payment system automatically checks the validity of access rights during card payments and encrypts all exchanges to ensure confidentiality.
To benefit from the secure SSL payment method, the Client must use browsers that are compatible with the SSL system.
11. Delivery
Delivery Time
Indicative delivery times are shown on the Site when placing an order. These times vary depending on the chosen delivery method. They begin once the payment is received by the Seller.
If multiple items ordered at the same time have different delivery dates, the delivery deadline will be the latest one. However, in such cases, the Seller reserves the right to deliver the order in multiple shipments.
Although delivery times are indicative, the Seller will make their best efforts to meet the delivery times mentioned when placing the order.
In case of a delivery delay caused by the Seller, the Client may request the cancellation of the sale of the Product by registered mail with acknowledgment of receipt or any other durable medium (e.g., email with acknowledgment of receipt) if, after having requested the Seller to make the delivery within an additional 15 days, the Seller has not fulfilled the order within that time.
In this case, the sale will be considered canceled upon receipt by the Seller of the letter informing them of the cancellation, unless the Seller has executed the delivery in the meantime.
In the event of cancellation, the Seller will refund the Client within 14 days of the cancellation date.
Failure to meet delivery times will not entitle the Client to any compensation.
12. Receipt of Products
The Client is required to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the delivery person of any reservations regarding the state of the delivered Product, so that they are mentioned on the transport document: damaged packaging, damage sustained, conformity with the order, etc.
Any complaint about apparent defects or non-conformity of the Product with the information provided during its presentation on the Site, as well as any damage related to transport, must be confirmed by the Client to the Seller within 48 hours of receiving the Product, either by registered letter with acknowledgment of receipt to the following address: 45 Bd Montaigne, 29200 Brest, or via email to: [email protected].
The Client must provide evidence of the non-conformities, damages, or defects observed.
The Seller reserves the right to request further justification from the Client regarding the non-conformities, damages, or defects observed.
Failure to make a claim within the specified time and conditions will result in the Products being deemed accepted by the Client.
By reporting the defect or non-compliance of the Product, the Client may obtain a return authorization from the Seller, specifying the address and return procedure for the Product.
Once the return authorization is obtained, the Client returns the Products to the Seller at the address specified in the return authorization, according to the indicated procedure.
Any Product returned without the Seller’s approval will be refused and sent back to the sender at their expense and risk.
To be validly returned to the Seller, Products must not have been used and must be returned intact in their original packaging, along with any accessories, user manuals, and other documentation.
If the Client returns the Product due to a confirmed defect of conformity, the Client must use the same delivery method as the one chosen for shipping the Products. In this case, return shipping costs will be covered by the Seller via a return voucher or, if not available, by reimbursing the Client for the actual shipping costs (the shipping receipt must be included in the return package; if absent, no reimbursement will be issued).
13. Warranty
Conformity Guarantee and Legal Guarantee Against Hidden Defects
The Customer benefits from the legal conformity guarantee (articles L. 217-4 to L. 217-12 of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 to 1648 and 2232 of the French Civil Code).
CONFORMITY GUARANTEE
Article L. 217-4 of the French Consumer Code:
The seller delivers a product that conforms to the contract and is responsible for any defects in conformity existing at the time of delivery.
The seller is also responsible for defects in conformity arising from the packaging, installation instructions, or installation if it is stipulated in the contract or carried out under their responsibility.
Article L. 217-5 of the French Consumer Code:
The product is considered compliant if:
1º It is fit for the usual use expected of such a product and, where applicable:
– It matches the description provided by the seller and has the qualities presented by the seller to the buyer in the form of a sample or model;
– It has the qualities that the buyer may legitimately expect based on public statements made by the seller, manufacturer, or their representative, particularly in advertising or labeling.
2º Or if it has characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, which the seller has accepted.
Article L. 217-12 of the French Consumer Code:
The action resulting from a lack of conformity is time-barred after two years from the delivery of the product.
Article L. 217-16 of the French Consumer Code:
When the buyer requests the seller, during the commercial warranty period granted at the time of purchase or repair of a movable good, to restore the product covered by the warranty, any period of immobilization of at least seven days will be added to the remaining duration of the warranty.
This period starts from the buyer’s request for intervention or when the product is made available for repair, if this is later than the request for intervention.
GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the French Civil Code:
The seller is liable for hidden defects in the product sold that render it unsuitable for its intended use, or that so significantly reduce its use that the buyer would not have acquired it, or would have paid a lower price, had they known about the defect.
Article 1648, first paragraph, of the French Civil Code:
The action resulting from hidden defects must be initiated by the buyer within two years of discovering the defect.
16. Responsibility
Information
The Seller makes every effort to ensure the accuracy and up-to-date nature of the information published on the Site, which they reserve the right to modify at any time without notice. However, they cannot guarantee the accuracy, precision, or completeness of the information on the Site. Consequently, the Seller declines any responsibility for inaccuracies, errors, or omissions in the available information, as well as any responsibility for damages resulting from fraudulent intrusion by a third party that has led to changes in the information on the Site.
The hypertext links on the Site that point to other resources on the Internet do not engage the Seller’s responsibility. Indeed, the Seller has no means to control the linked sites, of which the Customer is expressly informed. Therefore, the risks associated with such use are fully the responsibility of the user, who must comply with the specific terms and conditions of each site.
Likewise, the photographs and texts illustrating the products are not contractual. As a result, the Seller’s responsibility cannot be engaged in case of an error in any of these photographs or texts.
Product Compliance with Applicable Standards
The Seller undertakes to sell products that comply with the regulations and standards in force in the European Union at the time of sale.
Use of the Site
The use and navigation of the Site are under the Customer’s responsibility. The Seller declines any responsibility and cannot be held liable for any damage or viruses that may affect the computer equipment or other devices when accessing, using, or browsing the Site, or downloading any content, data, texts, images, or files from the Site.
Non-compliant Use/Installation of the Product
The Seller declines any responsibility and cannot be held liable for any damages caused to the Customer or a third party due to the use of the product in a manner that does not comply with its intended purpose.
17. Right of Withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, the consumer who concludes a contract by means of distance communication has a withdrawal period of fourteen (14) days from the date of receipt of the product to cancel the order.
It is specified that in the case of an order consisting of several goods delivered separately or in the case of an order for a product consisting of multiple lots or parts delivered over a defined period, the period begins from the receipt of the last product or lot or the last part.
For contracts involving the regular delivery of goods over a defined period, the period begins from the receipt of the first product.
To exercise the right of withdrawal, the Customer has fourteen (14) days to inform the Seller of their intention to withdraw by completing and submitting the withdrawal form available on the Website in printable form or by sending the online form from the following link: https://deadpoolshop.co.uk/contact-us/ or by any other unambiguous declaration expressing the Customer’s intention to withdraw.
When the right of withdrawal is submitted electronically online from the Site, the Seller will promptly send the Customer an acknowledgment of receipt of the withdrawal.
The Customer must then return the product within fourteen (14) days from the sending of the withdrawal form, along with a copy of the invoice. The return and shipping costs are solely the responsibility of the Customer. The products must be returned to the Seller at the following address: 45 Bd Montaigne, 29200 Brest.
It is specified that the return shipping costs in the event of withdrawal are solely the responsibility of the Customer. The return shipping cost is the standard delivery cost initially paid by the Seller when the order was placed.
The Seller undertakes to refund the Customer the price of their order within 14 days of receiving the products or at least proof of shipment of the products (whichever occurs first).
The products must not have been used or damaged and must be returned in their original packaging, along with any accessories, user manuals, and other documentation.
The Customer’s responsibility may be invoked in the case of damage to the product by the Customer.
18. Intellectual Property
The Customer does not have any intellectual or industrial property rights on the Products, packaging, or any other elements, as the Seller remains the exclusive owner of all these rights.
Any use, in any form, by the Customer of the Seller’s brand or any other trademark belonging to the Seller or its suppliers and manufacturers is strictly prohibited, unless expressly agreed by the Seller.
The content and structure of the Site are protected by copyright and intellectual property laws worldwide.
As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, unless the Intellectual Property Code provides otherwise or imposes more restrictive terms.
Any reproduction or representation, in whole or in part, of any content on the Site (including any text, image, graphic representation, photograph, brand, or logo) for any purpose or on any medium is prohibited.
Failure to comply with this prohibition constitutes counterfeiting, which may result in civil and criminal liability for the infringer.
No provision of these General Terms and Conditions of Sale can be interpreted as granting the Customer a license for any intellectual property rights.
19. Protection of Personal Data
The Seller declares to comply with and commit to respecting the regulations regarding personal data in force in France, including the European General Data Protection Regulation (GDPR) of April 27, 2016, and the French Data Protection Act of January 6, 1978, as amended.
19.1. Collected Data
When creating your Customer Account and/or placing an order, the Seller collects personal data for the purpose of concluding the Contract, its execution, management, and invoicing. The Seller may use your personal data for commercial solicitations in compliance with applicable legal requirements.
The Seller commits not to use the collected data for any other purposes than those mentioned above (unless requested by a judicial or competent administrative authority).
Your data will be stored in an active database for the duration of the Contract or for 3 years from the last contact with you, and in an archive database for 5 years, which corresponds to the standard prescription period.
The Customer has the right to request access to, correction, deletion, or portability of their personal data. The Customer may also request a limitation of the processing or object to the processing of their data. The Customer has the right to withdraw consent to the processing of their data at any time.
You can exercise your rights by sending an email to the following address: [email protected] or by mail to the following address: 45 Bd Montaigne, 29200 Brest, France, providing your full contact details (name, surname, address, phone, email) and specifying the subject of your correspondence. You may be asked to verify your identity.
Finally, you have the option to file a complaint with the CNIL (French Data Protection Authority).
20. Force Majeure
The Seller is not liable for any failure to fulfill its contractual obligations in the event of force majeure or unforeseeable circumstances, including but not limited to disasters, fires, strikes (internal or external), breakdowns or malfunctions (internal or external), and generally any event preventing the proper execution of orders.
21. Applicable Law and Jurisdiction
These General Terms and Conditions are governed by French domestic law, excluding any international agreements.
In the event of a dispute regarding these General Terms and Conditions or the sale, the parties will try, as far as possible, to resolve the dispute amicably.
If no amicable agreement is reached, the competent court will be that of the defendant’s domicile or the place of actual delivery of the Product.
22. Consumer Mediation
If you are a “consumer” as defined by the preliminary article of the French Consumer Code, you must first address your complaint directly to us through the contact form on the Site, selecting the subject “Complaint.”
If this attempt fails, you can use a conventional mediation procedure or any other alternative dispute resolution method, particularly by contacting, free of charge, within one year from your complaint, the competent consumer mediator in accordance with Title 5 of Book I of the Consumer Code:
SOCIÉTÉ DE LA MÉDIATION PROFESSIONNELLE
You can also access the European Online Dispute Resolution platform, as provided by Regulation (EU) No 524/2013 of May 21, 2013, on online consumer dispute resolution, including cross-border disputes, by following this link: http://ec.europa.eu/consumers/odr/.
In case this mediation fails, or if you do not wish to use it, you remain free to submit your dispute to the competent courts.
Please feel free to reach out with any questions that remain unanswered or that are urgent via email, phone, or postal mail:
Email: [email protected]
Customer Support: +44 7 44 412 117
Address: 9 Mallow St, London EC1Y 8RQ, UK
Opening Hours: Mon to Fri (9 a.m. to 6 p.m.)