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Mentions légales
La Commission européenne fournit une plateforme de règlement des litiges en ligne (OS). Cette plateforme est disponible à l'adresse http://ec.europa.eu/consumers/odr/. En tant que client, vous avez toujours la possibilité de contacter le conseil d'arbitrage de la Commission européenne. Nous ne sommes ni disposés à, ni obligés de, participer à une procédure de règlement des litiges devant un conseil d'arbitrage de la consommation.
9. Liability
9.1. The Client Acknowledges That There Are Risks Associated With The Purchase, Holding And Use Of Nft. By Purchasing, Holding And Using Nft, You Expressly Acknowledge And Assume All Risks, Including But Not Limited To The Following:
User Errors On The Part Of The Seller Or The Client, Such As Forgotten Passwords, Incorrectly Entered Addresses, Errors In The Programming Of The Nft, Cybersecurity Attacks, Weaknesses In The Security System Of The Seller Or The Client, Malfunctions In The Blockchain Or Other Technical Errors, Among Others.
9.2. If The Client Has A Wallet To Which The Nft Purchased Can Be Credited, The Seller Will Have No Access To Any Private Key In This Wallet And Will Have No Liability In Relation To It.
9.3. If The Client Does Not Have A Wallet, The Client Provides A Ledger At His Or Her Own Expense And Under His Or Her Own Responsibility.
9.4. The Seller Is In No Way Responsible For Errors Resulting From The Failure Of The Client's Connection Or For The Technical Aspects Of The Transactions Required To Process Nft And Transfer Their Ownership Which Are Dependent On The Client (Including Network Charges, Third-Party Platform Fees, Congestion Of The Reference Blockchain Network, Etc.).
9.5. Under No Circumstances Shall The Seller Be Liable For Any Errors Resulting From The Technical Failure Of The Physical Media Of The Nft Covered By These Gtc Or Of The Nft Itself.
10. Right of withdrawal
10.1. Given the nature of the Product that is the subject of the transaction, which implies instantaneous execution, the Client acknowledges that they are hereby informed that their right of withdrawal cannot be exercised as provided for in article L.221-28 paragraph 13 of the French Consumer Code, the provisions of which are set out below and of which they declare that they are expressly aware.
"Article L.221-28 paragraph 13 of the French Consumer Code: The right of withdrawal may not be exercised for contracts: (...) 13° For the supply of digital content not provided on a tangible medium, performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.”
11. Alternative dispute resolution
11.1. All consumers have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional (article L612-1 of the Consumer Code).
11.2. Disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e., disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
In accordance with article R. 111-1 of the French Consumer Code, the Client may have free recourse to the mediation service whose contact details are as follows:
ASSOCIATION OF INDEPENDENT MEDIATORS OF ILE DE FRANCE – AMIDIF (ASSOCIATION DES MEDIATEURS INDEPENDANTS D’ILE DE France – AMIDIF)
www.amidif.com
Domiciled at: 1 place de Fleurus - 77100 Meaux
Mail: contact@amidif.com
11.3. The Client may, at their own expense, be assisted by counsel.
12. Severability of clauses
If one or more of the provisions of the Conditions were to be declared null and void, non-existent or unenforceable, the validity of the Conditions would not be affected. The other clauses will continue to have effect.
13. Applicable law and forum selection
13.1. These GTC are governed by French law.
13.2. The contractual relationship between the Client and the Seller is governed by French law. Any difficulty arising from the performance, interpretation, or termination of the Contractual Documents (as defined in 15. "Contractual Documents" of these Conditions) arising therefrom, or more generally from the commercial relationship between the Seller and the Client, which cannot be resolved amicably, shall be submitted to the competent courts under the conditions of ordinary law.
13.3. The whole text of the present GTC, as well as the documents derived from it, including those in the Annexes, have been written in French and English, for legal purposes the French version shall prevail.
13.4. The Client is hereby informed that they have the option of resorting to conventional mediation, in particular under the authority of the Consumer Mediation Evaluation and Monitoring Committee (Commission d'évaluation et de contrôle de la médiation de la consummation), in accordance with the conditions set out in the French Consumer Code.
14. Choice of residence/domicile
For the purposes of these GTC, the Seller designates the following address as its domicile:
GALERIES FRANÇAISES SARL
4 PLACE DE L'OPERA
75002 Paris
15. Contractual documents
For the purposes of these GTC, the Seller designates the following address as its domicile:
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These GTC.
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the Annex(es).
16. Warning to the Client(s)
16.1. The Client Is Notified And Accepts That The Character And The Legislative And Regulatory Developments Governing Nft, Cypto Assets And Blockchain Technology Are Uncertain And Continuously Evolving, And That They Come With Inherent Risks, Including Risks Related To Defective Or Inadequate Hardware, Software, Or Internet Connection; The Introduction Or Intrusion Of Malware Or Malicious Code; Piracy Or Unauthorised Access To The Client's Wallet Or The Information Stored Therein. The Client Acknowledges That The Risk Of An Adverse Legislative Or Regulatory Intervention Or Court Ruling May Affect The Nft, Which May Involve Substantial Risks.
16.2. The Client Acknowledges That The Nfts Subject To These Gtc Are Not Intended To Be Used As Financial Instruments, Including Those Whose Purpose Is To Obtain Financial Gains. Neither Are The Nft Subject To These Terms And Conditions Intended To Constitute Digital Assets.
16.3. The Client Acknowledges And Accepts That Under No Circumstances Shall The Purchase Of Nfts From The Seller Be Considered As Creating A Relationship Which Includes The Provision Or Offering Of Investment Advice.
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