GENERAL TERMS OF SALE
- Trademark registered by the company IMAGINEO
- SAS with a capital of €10,002
- RCS CLERMONT-FERRAND - SIRET: 895.182.186.00018
- APE code 3299Z
- VAT number: FR11895182186
- Head office: 48 rue de Milan, 63370 LEMPDES - France
Chairman and CEO: Thomas RIBOULET
General Manager: Victor COLLANGE
General Manager: Florian GIRAUD
General terms and conditions of sale for products sold on www.3monkeys-publishing.com
Last update date 29/10/2024
Article 1 – Purpose
The general terms and conditions of sale apply exclusively to current and future commercial relations between the orderer and 3Monkeys Publishing, a registered trademark of the company IMAGINEO SAS, 48 rue de Milan, 63370 LEMPDES - France, RCS Clermont-Ferrand. Any condition not compliant with our general terms and conditions that you may have formulated will be rejected unless we have expressly and in writing acknowledged its applicability.
We may modify these general terms and conditions of sale at any time provided that these changes are posted on our website.
Article 2 – Price
Our product prices are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise stated and excluding processing and shipping fees.
For orders to countries other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be applicable. These duties and amounts are not the responsibility of the company IMAGINEO. They will be your responsibility and are entirely your liability, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
The company IMAGINEO reserves the right to change its prices at any time, but the product will be billed based on the price in effect at the time of order validation and subject to availability.
The products remain the property of the company IMAGINEO until full payment of the price.
Warning: as soon as you physically take possession of the ordered products, the risk of loss or damage is transferred to you.
Article 3 – Orders
You can place an order online: www.3monkeys-publishing.com
Contractual information is presented in French and will be confirmed no later than at the time of order validation.
The company IMAGINEO reserves the right not to record a payment and not to confirm an order for any reason whatsoever, particularly in case of supply issues or difficulties concerning the received order.
Article 4 – Validation of your order
Any order placed on the website www.3monkeys-publishing.com implies acceptance of these General Conditions. Any order confirmation entails your full and unconditional acceptance of these general terms and conditions of sale, without exception or reservation.
All data provided and the recorded confirmation will serve as proof of the transaction. You declare to have full knowledge of this. The order confirmation will be considered as signature and acceptance of the operations carried out.
Article 5 – Payment
Validating your order implies your obligation to pay the indicated price.
Payment for your purchases is made by credit card through the secure Paypal, Stripe system or in installments with the external Alma system.
The card is charged at the time of the order.
Article 6 – Withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from the receipt of your products, without having to justify reasons or pay penalties.
Returns must be made in their original and complete condition (packaging, accessories, manual). In this context, your responsibility is engaged. Any damage to the product may invalidate the right of withdrawal.
Return shipping costs are your responsibility.
In case of exercising the right of withdrawal, IMAGINEO will refund the amounts paid within 14 days following receipt of the return.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
- The supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal.
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period.
- The supply of goods made according to the consumer's specifications or clearly personalized.
- The supply of goods liable to deteriorate or expire rapidly.
- The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.
- The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
- The provision of a newspaper, periodical, or magazine, except for subscription contracts to these publications.
- The provision of digital content not supplied on a physical medium whose execution began after the consumer’s prior express consent and express waiver of their right of withdrawal.
Article 7 – Availability
Our products are offered as long as they are visible on the website www.3monkeys-publishing.com and within available stock limits. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of product unavailability after placing your order, we will inform you by email. Your order will be automatically canceled and no bank debit will be made.
Article 8 – Delivery
Products are delivered to the delivery address provided during the ordering process, within the timeframe indicated on the order confirmation page.
In case of shipping delay, an email will be sent to inform you of any possible impact on the delivery time indicated to you.
In accordance with legal provisions, in case of delivery delay, you have the option to cancel the order under the conditions and terms defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed with its refund and the costs allowing you to return it to us (Article L 138-3 of the Consumer Code).
In case of delivery by a carrier, IMAGINEO company cannot be held responsible for a delivery delay exclusively due to the client’s unavailability after several appointment proposals.
Article 9 – Warranty
All our products benefit from the legal warranty of conformity and the warranty against hidden defects, as provided by Articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it may be returned, exchanged, or refunded.
All claims, exchange requests, or refund requests must be made within 30 days of delivery.
Products must be returned to us in the condition in which you received them with all components (accessories, packaging, instructions…). Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of proof.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 – Liability
The products offered comply with the current French legislation. IMAGINEO company cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you intend to order.
Furthermore, the company IMAGINEO cannot be held responsible for damages resulting from improper use of the purchased product.
Finally, the company IMAGINEO cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, including service interruptions, external intrusions, or the presence of computer viruses.
Article 11 – Applicable Law in Case of Disputes
The language of this contract is French. These terms of sale are subject to French law. In case of dispute, French courts shall have exclusive jurisdiction.
Article 12 – Intellectual Property
All elements of the site www.3monkeys-publishing.com are and remain the intellectual and exclusive property of the company IMAGINEO. No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, elements of the site whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without the express written consent of the company IMAGINEO.
Article 13 – Personal Data
The company IMAGINEO reserves the right to collect personal information and data concerning you. They are necessary for managing your order, as well as improving the services and information we provide to you.
They may also be transmitted to companies involved in these relationships, such as those responsible for executing services and orders for their management, execution, processing, and payment.
This information and data are also kept for security purposes, to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify, and object to personal information and data concerning you, directly on the website.
Article 14 – Archiving as Proof
The company IMAGINEO will archive order forms and invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the company IMAGINEO will be considered by all parties involved as proof of communications, orders, payments, and transactions between the parties.
Article 15: Pre-orders
If you pre-order items (books) and include other items in your cart, your order will simply be shipped on the official release date (indicated on the product page) of the pre-ordered items. It is therefore preferable to place two separate orders to avoid your order being held until the official release of the products.
