1. Introduction

Pursuant to Article 6 of Law no 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website Item Creation Studio are informed herein of the identity of the different individuals involved in its creation and monitoring.

• Owner: Arthur Provost
• Registered office: 17 Place Grenette, 38000 Grenoble, France
• Trade and Company Register (RCS) number: 921761581 R.C.S. Grenoble
• Shop Owner: Arthur Provost (contact@itemcreationstudio.com)

Hereafter referred to as the ‘Seller’ or the ‘Company’ who can be contacted via: contact@itemcreationstudio.com

The natural or moral person purchasing products or services from the Company, hereafter referred to as the ‘Buyer’ or the ‘Customer’, has been informed of and agreed to the following.

The Seller is the provider of Item Creation Studio Products and Services aimed at consumers and marketed through this website. The list and description of the goods and services offered by the Company can be consulted on the aforementioned websites.

The present General terms and conditions of sale establish the rights and obligations of both parties in relation to the online sale of Products and Services offered by the Seller.

2. General provisions

The present General terms and conditions of sale (GTCS) govern the sale of Products or Services made through the Company’s websites and are integral to the Contract between the Buyer and the Seller. They are fully enforceable upon the Buyer who accepted them before placing an order.

The Seller reserves the right to modify them at any time by publishing a new version on its website. The applicable General terms and conditions of sale are the ones in force on the payment date (or on the first payment date in case of multiple payments) of the order.

The Company will ensure that they are accepted in a clear and unconditional way by providing a check box and validation click. The Customer declares having fully read these General terms and conditions of sale, and where applicable the Specific terms of sale relating to a Product or Service, and fully accepts them without limitation nor reservation.

The Customer acknowledges that they have received the necessary advice and information to ensure the offer matches their needs.

The Customer confirms being legally capable of entering into a contract under French law or being a legal representative of the natural or legal person for whom they are entering into this contract. In the absence of evidence to the contrary, the information stored by the Company constitutes evidence of all the transactions.

3. Price

The prices of Products sold on our websites are displayed in Euro without tax (HT) and/or with VAT included (TTC) and are clearly specified on the description page of the Products.

The Company reserves the right to modify the prices at any time in the future. The communication costs necessary to access the Company’s websites are incurred by the Client. And where applicable, the delivery costs as well.

4. Entering into the online contract

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to enter into the contract digitally in order to place their order:

• Information on the main characteristics of the Product
• Selection of the Product and of the associated License
• Mandatory Customer Information (identity, email address, postal address, etc.)
• Acceptance of these General terms and conditions of sale
• Verification of the order contents and information (double-click obligation) and, where applicable, correction of mistakes. Before proceeding with the confirmation, the Buyer can verify the details of their order, its price and amend any mistakes or cancel the order. Confirming the order shall entail the formation of this contract.
• Verification of payment and delivery instructions and proceeding with the payment. The Customer will receive a payment confirmation and order placement confirmation via email.

During the ordering procedure, the Customer is able to identify and rectify any potential mistakes in the information provided. The suggested language for concluding the contract depends on the users’ language preferences on the website.

The terms of the offer and the general terms and conditions of sale are emailed to the Buyer upon ordering and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the Seller intends to adhere are available on this page and on the page ‘Privacy Policy’, available on the Seller’s website.

The archiving of the communications, the order, the breakdown of the order and the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the French Civil Code. This information can be produced as evidence of the contract.

For delivered goods, the delivery will be made to the email address provided by the Customer. In order to complete the order correctly, the Customer agrees to provide truthful identification information.

5. Goods and services

The main features of the goods, services and their specific prices are made available to the Buyer on the website Item Creation Studio. The Buyer is informed of the prices and of the particular terms of sale and of performance of the services before the sale contract is concluded. In any event, the full amount due by the Buyer is indicated on the order confirmation page. The valid selling price of the product is the one indicated on the day the order is placed. Possible extra fees are indicated to the Buyer during the ordering procedure, and in any case at the time of the order confirmation. The Seller reserves the right to modify the prices at any time, while guaranteeing the price indicated at the time of the order.

The Customer confirms having received information about the delivery costs and the terms of payment, delivery and contract execution as well as detailed information about the Seller’s identity and their activities in the context of this sale. The Seller agrees to honour the Customer’s Order within the limits of Products’ stock availability only.

The contractual information is detailed and in the language chosen by the user on the website Item Creation Studio. Both parties agree that the illustrations or pictures provided of the products for sale do not have a contractual value. The expiry date of the Products offer as well as their price are indicated. Barring any special conditions, the rights granted herein are granted solely to the natural person placing the order (or to the owner of the provided email address).

6. Compliance

In accordance with Article L.411-1 of the Consumer Code of 1^st July 2016, the goods and services offered for sale in these GTCs meet the requirements in force relating to people’s safety and health, to the fairness of commercial transactions and to consumer protection. Regardless of any commercial warranty, the Seller is responsible for any defects in conformity and hidden defects of the product.

In accordance with Article L. 217-4, the Seller delivers goods in compliance with the contract and takes responsibility for any defects in conformity at the time of delivery.

7. Refund

Refunds can be requested by following these steps: Refunds are only possible if the product has not been downloaded. Please use the contact form to request a refund.

8. Title retention clause

Products remain the sole property of the Company until full payment of the price.

9. Delivery

Products are downloadable via a link on the website after payment has been completed, and on the email address provided in the order.

10. Terms of payment

Payment is due immediately upon ordering, including for pre-orders of products. The Customer can make payment by debit card. Credit cards issued by banks outside of France must be international debit cards (Mastercard or Visa). Secure online payment by credit card is carried out through our bank service providers. The information transferred is encrypted according to industry standards and cannot be read while transmitted on the network.

Our bank service providers are:

• Stripe
• PayPal

Once the Customer initiates a payment, it is immediately processed after confirmation of the information. In accordance with the provisions of the Monetary and Financial Code, committing to a payment by card cannot be reversed. By communicating their bank details during the sale, the Customer authorises the Buyer to debit their card of the amount corresponding to the price. The Customer confirms being the legal holder of the card and having the legal right to use it. If an error occurs, or if the payment cannot be processed, the sale and the order are immediately cancelled.

11. Cancellation period

Cancellation rights can be exercised by contacting the Company via: contact@itemcreationstudio.com. In accordance with Articles L.221-18 and L. 221-28 of the French Consumer Code, cancellation rights cannot be exercised for downloadable products.

12. Guarantees

In accordance with the law, the Seller provides the following guarantees: conformity and hidden defects of the products. The Seller shall refund the Buyer or exchange the faulty products or the products that do not correspond to the order in accordance with our refund policy.

13. Complaints and mediation

Where applicable, the Buyer can submit a complaint by contacting the company via the following methods.

• By email: contact@itemcreationstudio.com
• By post: 17 Place Grenette, 38000 Grenoble, France

In accordance with the provisions of Articles L. 611-1 and L. 616-3 of the French Consumer Code, the Customer is made aware of the possibility to consult a consumer mediator under the conditions specified in Title 1, Chapter VI of the French Consumer Code.

If lodging a complaint with the Seller’s customer service fails, or if a reply is not received within two months, the consumer may submit their complaint to a mediator who will attempt, acting independently, to reach an amicable solution between both parties.

14. Personal Data Protection

The information requested at the time of placing the order is necessary for invoicing (legal obligation) and delivering the goods. Without them, the order cannot be placed. No automated decision or profiling is implemented at any point during the ordering process.

Our Privacy Policy is available in full on our website, on the page ‘Privacy Policy’.

15. Applicable law and clauses

All provisions appearing in these general terms and conditions of sale, as well as all purchase and sale transactions referred to, are governed by French law.

If a contractual clause is void, it does not entail that these general terms and conditions of sale are void.

16. Buyers’ data

To inform our customers, the provisions of the French Civil Code and of the French Consumer Code are provided below.

• Article L. 217-5 of the French Consumer Code: ‘To conform to the contract, the product must: 1) Be suitable for the purpose usually associated with such a product and if applicable: – correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; – have the features that a buyer might reasonably expect it to have considering the public statements made by the Seller, the manufacturer or its representative, including advertising and labelling; 2) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the Seller and which the latter agreed to.’