Website refund policy https://get-quark.com/
Applicable from 15/12/2021
A simple refund and return policy:
- 30-day trial: unconditional refund
- The return of products will be made by the customer
- Product return costs are the responsibility of the customer
- The full refund of the order or the returned item will then be made, after receipt of the products by the QUARK after-sales service.
This refund policy is applicable between NITSN, SAS, share capital: €100, registered at the RCS of Paris in France on 10/04/2018, under number 839080603, registered office: 134 rue d'aubervilliers, France, phone: +33756813995, email: firstname.lastname@example.org, intra-community VAT number: FR59839080603, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
“Client”: any person, natural or legal, under private or public law, registered on the Site.
"Contents of the Site": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": NITSN, SAS taken in its capacity as publisher of the Site.
“Internet user”: any person, natural or legal, under private or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
“Site ”: website accessible at URL https://get-quark.com/, as well as related subsites, mirror sites, portals and URL variations.
The Site is freely accessible to all Internet users.Browsing on the Site implies acceptance by any Internet user of these general conditions.The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions.When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges by the same fact having read them fully and accepting them without restriction.
Ticking the above box will be deemed to have the same value as a handwritten signature on the part of the Internet user.The Internet user recognizes the proof value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.
ARTICLE 4.PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5.ORDER STEPS
In order to place an order, Internet users can select one or more Products and add them to their basket.The availability of the Products is indicated on the Site, in the description of each item.When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2Validation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price.They will be able to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate it.They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal information.
5.3Payment by the Client
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface with the words "order with obligation to pay" or any similar formula.
5.4Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically, within a maximum of 24 hours.Within the same period, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming the processing, containing all the information relating thereto.
ARTICLE 6.PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order.These prices may be modified at any time by the Publisher.The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2Method of payment
The Customer can pay by Paypal, Stripe.Credit card payments are made using secure transactions provided by Shopify
In the context of credit card payments, the Publisher has no access to any data relating to the Customer's means of payment.Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each payment.The Customer expressly agrees to receive invoices electronically.
6.4Default of payment
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payment of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the expense of the Customer.This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
6.5Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7.COMPLAINT - WITHDRAWAL - GUARANTEE
The Site's customer service is available from Monday to Friday from 09:30 to 17:30 at the telephone number not surcharged following: 0671432147, by email to: email@example.com or by post to the address indicated in article 1 of these general conditions.In these last two cases, the Publisher undertakes to provide an answer within 24 working days.
7.2Right of withdrawal – Distance selling
This section 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Consumer Code.
7.21Conditions for exercising the right of withdrawal
In accordance with the legislation in force in terms of distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, if applicable, return costs.
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not provided on a material medium, either from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in article 1 of these general conditions by means of an unambiguous declaration.The Customer has, for example, the possibility of using the standard form provided at the end of these general conditions.In any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.22Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised.Where applicable, the professional may defer reimbursement until the Products are recovered or until the Customer has provided proof of the shipment of the Products, whichever comes first.Beyond that, the sum due is, by operation of law, productive of interest at the legal rate in force, as specified in article L.242-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless the Client has expressly agreed to the use of another means of payment and to the extent where the reimbursement does not incur any costs for the Customer.However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer.These costs are estimated at a maximum of 1 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer is only liable for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.23Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal;
- the supply of goods made to the Customer's specifications or clearly personalized;
- the supply of goods liable to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which is agreed upon at the conclusion of the contract, depending on fluctuations in the market beyond the professional's control;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded during a public auction;
- provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period ;
- for the supply of digital content not provided on a material medium, the execution of which has begun after the prior express agreement of the Customer and express waiver of his right of withdrawal.
Similarly, the right of withdrawal does not apply to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order of digital content independent of any material medium before the expiry of the withdrawal period, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the sentence following: "I expressly waive my 14-day right of withdrawal for the Products delivered".The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
When validating the order for a service, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my right of withdrawal 14 days for the services which I would benefit from before the end of this period".The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
The Client who has exercised his right of withdrawal from a contract for the provision of services, the performance of which has begun, at his express request, before the end of the withdrawal period, pays the professional an amount corresponding to the service provided up to to the communication of its decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3Termination of the contract on the Customer's initiative
The Consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days.The Customer will then be reimbursed for the sums incurred by him when placing the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure.In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the resolution of the sale provided for in this article.
7.41Warranty against visible defects
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery.This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order.No complaint will be taken into account after a period of three days from delivery.In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of merchant has expressed reservations to the carrier in accordance with articles L.133-3 and following of the Commercial Code
7.42Warranty against defects and hidden defects
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et s.of the Civil Code) and a security guarantee (articles 1245 and s.of the Civil Code)
Customers who are consumers also have a legal guarantee of conformity (articles L.217-4 et seq.Consumer Code).
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 2 years from the delivery of the Product.
In order to implement the guarantee, it is up to the Customer to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair, exchange or reimbursement. .
In any event, the Customer is requested to follow the Publisher's instructions precisely with regard to the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L.217-4 et seq.of the Consumer Code.
The consumer Customer has a period of 2 years from the delivery of the goods to act with the seller.As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.Finally, the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the guarantee against hidden defects, he can choose between the resolution of the sale or a reduction in the sale price.
ARTICLE 8.FINAL STIPULATIONS
These general conditions are subject to the application of French law.
8.2Changes to these terms and conditions
These general conditions may be modified at any time by the Publisher.The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, all disputes with a consumer Customer that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicable agreement between the parties must be submitted 3C AVOCATS
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: 3C AVOCATS
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope.In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object of these presents.
The lack of exercise by the Publisher of the rights granted to it herein may in no way be interpreted as a waiver to assert said rights.
The Customer is informed that he has the possibility of registering on the list of opposition to cold calling at the address http://www.bloctel.govt.en/.
8.7Languages of these general conditions
These general conditions are offered in French.
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.