TERMS OF SALES
The present general conditions of sale (hereinafter referred to as "GCS") apply to all orders placed with the IMMERSION company (hereinafter referred to as "IMMERSION") via the Internet site accessible at the address https://cornershop.immersion.fr/ (hereinafter referred to as the "Site").
Confirmation of the order by the customer implies full and complete acceptance of the GCS as well as the general conditions of use previously validated, without restriction or reservation.
Article 1: SCOPE
The offers presented on the Site (software, products, etc.) are intended for professionals only.
Any person placing an order on the Site (hereinafter referred to as the "Customer") certifies that he/she is a professional within the meaning of the introductory article of the French Consumer Code and is acting in this capacity, and undertakes to use the product(s) ordered solely in a professional context, and for his/her own needs, without any possible concession to one or more third parties, even free of charge.
Any order carried out by a non-professional will not be honored without the customer being able to formulate an unspecified reproach with respect to company IMMERSION.
Article 2: PRICE AND ORDER
The software and products offered on the Site are sold at the prices in force on the date of confirmation of the order in euros, inclusive of all taxes and excluding any delivery charges.
Prior to this date, prices may be unilaterally modified without prior notice.
By placing an order, the customer accepts the said prices.
Any order is firm and definitive from the moment when the Customer has validated the payment and that the price has been cashed by IMMERSION.
It is reminded that the Customer must ensure that the product ordered is in adequacy with his wishes, constraints and needs. The Customer cannot in any case hold IMMERSION responsible, in the case of a delivery in conformity with his order but which would prove to be little in adequacy with his wishes, constraints and needs.
The orders transmitted on the Site cannot be modified by the Customer after validation of the payment by IMMERSION, except express and written agreement of IMMERSION. It is expressly foreseen that IMMERSION will be able to refuse a sale which would present an abnormal character, would emanate from a customer with whom it is or would have been in litigation or would contravene the law.
is or would have been in litigation or would contravene the GCS and general conditions of use beforehand accepted by the Customer and this, even after cashing of the amount of the order.
In case of stop of marketing of the ordered product by the supplier and/or of out-of-stock condition, IMMERSION will inform the Customer without delay.
In these cases, IMMERSION will reimburse the Customer the amount of his order within thirty days without the Customer being able to claim additional damages for the prejudice suffered as a result of the cancellation of his order.
As the Customer is a professional, the right of withdrawal provided for in the French Consumer Code is expressly excluded.
Article 3: PAYMENT
The sale is subject to full payment of the order by the Customer.
It will be effective only after verification by IMMERSION of the collection of funds on its bank account.
Several payment methods are accepted by IMMERSION:
- Online payment via the credit card payment system
- Payment by bank transfer
Please note that a partial payment does not allow a partial execution of the order.
In the event that, for any reason whatsoever, the transmission of the flow of money due by the Customer proves impossible within three (3) days, Immersion may cancel the order by operation of law.
The transfer of ownership occurs at the time of full payment of the sums due to the Customer in principal, costs and accessories, subject to the availability of the products in the order.
As long as the customer has not paid the totality of the sums due, the transfer of property is suspended and IMMERSION benefits from a clause of property reserve exercisable at any time in order to obtain the restitution of the ordered products, notwithstanding the transfer of the risks.
IMMERSION will be able to exercise the clause of property reserve envisaged in its profit at any time in order to obtain the restitution of the ordered products, including if these last ones are at thirds.
Article 4: GUARANTEE AND LIMITATIONS OF LIABILITY
The products offered on the Site are described and presented by IMMERSION as meticulously as possible so that the Customer is aware of their essential characteristics before placing his order.
However, despite all the care taken, slight differences in the presentation of products cannot be excluded.
In addition, products may be presented in the form of photographs, which are provided for information only and have no contractual value, so that the dimensions and/or colors of products may differ slightly in reality.
The Customer is informed of it and could not consequently make the reproach of it to IMMERSION.
The guarantees applied on the ordered products are the legal guarantees applicable between professionals as well as those in force at the manufacturer(s) or editor(s) of the aforementioned products.
The presentation of the warranty certificate will be rigorously required when a warranty is invoked.
Under these guarantees, IMMERSION's only obligation will be to ensure the free replacement or repair of the product or element recognized as defective, unless this method of compensation proves impossible or disproportionate. In order to benefit from the warranty, any product must first be submitted to IMMERSION's after-sales service, whose agreement is indispensable for any replacement. Any shipping costs are at the customer's expense.
It is the customer's responsibility to find out about the maintenance and warranty conditions for the product ordered.
Any claim in this respect must be addressed to IMMERSION by registered mail with acknowledgement of receipt to the following address: IMMERSION SA Service Réclamation CornerShop 3-5 rue Raymond Lavigne, 33100 BORDEAUX.
IMMERSION's responsibility is excluded in the following cases:
- non-conforming or illicit use of the products by the Customer ;
- normal wear and tear of products;
- deterioration of products or accidents resulting from a lack of maintenance, including breakage, breakage, humidity, inadequate temperature, oxidation, liquid infiltration;
- products repaired by the customer or by third parties not authorized by IMMERSION;
- transformation of the product or incompatibility with other materials.
Article 5: DELIVERY / TRANSPORT
IMMERSION offers delivery of its products in France according to variable rates depending on the quantity of products ordered.
Delivery costs are automatically calculated at the time of the order and are indicated to the Customer before he confirms his order. Consequently, once the Customer has validated his/her order, he/she is deemed to have accepted the delivery charges.
Products travel at the Customer's own risk (in particular loss, damage or theft). Unloading operations are deemed to be carried out under the sole responsibility of the Customer, even in the event of participation in unloading by the third-party carrier.
IMMERSION's responsibility can in no way be called into question for events during transport, destruction, damage, loss or theft, even if it has chosen the carrier.
Delivery times are given for information only and are subject to validation of orders. They depend in particular on the availability of products from suppliers and the availability of carriers. IMMERSION endeavors to respect the delivery times indicated according to the logistic time of reference in the profession.
Even in the case of written acceptance of firm deadlines, IMMERSION is automatically released from any commitment relating to deadlines in the following cases: technical hazards, supplier failure, stock shortage, carrier failure, force majeure, fortuitous event, inaccuracy or deficiency to be provided by the Customer, delayed delivery at the Customer's request, non-payment or incomplete payment, delays related to customs formalities.
If IMMERSION is unable to supply the product ordered, the Customer will be informed and offered the delivery of an equivalent product or a credit note for the value of the unavailable product.
It is the responsibility of the Customer to make sure that the delivery address he communicated to IMMERSION is correct and that the delivered products are in conformity with his order.
Without prejudice to the measures to be taken towards the carrier, if the Customer notes an error in the order or the defect of one or more of the delivered products, it will have :
- Make a reservation on the delivery note
- Return the products by registered mail or tracked parcel in their original packaging to IMMERSION within 3 days of delivery at the following address: IMMERSION SA 3-5 rue Raymond Lavigne, 33100 BORDEAUX.
Article 6: LEGAL INFORMATION
During the creation of his personal account and the validation of his order, the Customer must communicate his name, first name, postal address, telephone number and email address.
IMMERSION deploys all necessary measures to ensure the security of the Customer's personal data.
However, it cannot be held responsible in the event of interception of said data by an unauthorized third party.
In application of Law n°78-17 of January 6, 1978 and the General Data Protection Regulation (RGPD) of April 27, 2016, the Customer benefits from a right of access, portability and rectification of said data, which may be exercised by simple written request to the following postal address: IMMERSION, 3-5 rue Raymond Lavigne, 33100 BORDEAUX.
In the same way, the customer has the right to delete his customer space and personal data, which he can exercise in the same way.
The Customer's customer space and personal data will be deleted within a maximum of 15 days following receipt of the deletion request.
However, it is expressly provided that IMMERSION will have the right to retain certain data to ensure the defense of its interests in the event of a claim or subsequent dispute.
Article 7: INTELLECTUAL PROPERTY
IMMERSION is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the Site, in particular the trademarks, drawings, models, texts, images, illustrations, photographs, graphics, logos, icons, sounds, videos, software and graphic charter.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is forbidden, except with the prior written authorization of Immersion.
Any unauthorized use of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
Article 8: DISPUTES
All disputes arising from a sale concluded via the Site will be subject to French law.
In the absence of amicable resolution of the dispute, the competent Court will be that of the place of the registered office of IMMERSION.