Terms and Conditions

GTC

Withdrawal Form

Terms and Conditions

Welcome to Dicinabre!

These terms and conditions outline the rules and regulations for the use of Dicinabre's Website, located at https://dicinabre.eu.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Dicinabre if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Dicinabre, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Dicinabre and/or its licensors own the intellectual property rights for all material on Dicinabre. All intellectual property rights are reserved. You may access this from Dicinabre for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Dicinabre
Sell, rent, or sub-license material from Dicinabre
Reproduce, duplicate or copy material from Dicinabre
Redistribute content from Dicinabre

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Dicinabre does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Dicinabre, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Dicinabre shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Dicinabre reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Dicinabre a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Dicinabre; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Dicinabre. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Dicinabre's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

General Terms and Conditions

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale (referred to as "T&Cs") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients" or "The Client") wishing to purchase the products offered for sale ("The Products") by the Seller on the website https://dicinabre.eu/.

The Products offered for sale on the website are as follows:

100% handcrafted dice made of epoxy resin and other accessories.

The main characteristics of the Products, including specifications, illustrations, and indications of the dimensions or capacity of the Products, are presented on the website https://dicinabre.eu/, which the Client is required to review before placing an order.

The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid while stocks last, as specified at the time the order is placed.

These T&Cs are accessible at any time on the website https://dicinabre.eu/ and will prevail over any other document.

The Client declares having read and accepted these T&Cs by checking the box provided for this purpose before proceeding with the online order process on the website https://dicinabre.eu/.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows:

Dicinabre, Ei

Share capital of euros

Registered with the RCS of Boutigny sur Essonne under number 91815215800013

65 rue de la Ferté Alais 91820 Boutigny sur Essonne

Email: dicinabre@gmail.com

Phone: +33 680484131

The Products presented on the website https://dicinabre.eu/ are offered for sale for the following territories:

International.

In the case of an order to a country other than mainland France, the Client is considered the importer of the concerned Product(s).

For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated exclusive of tax on the invoice.

Customs duties or other local taxes, import duties, or state taxes may be payable. They will be borne by and are the sole responsibility of the Client.

ARTICLE 2 - Prices

The Products are supplied at the prices in effect listed on the website https://dicinabre.eu/ at the time the order is recorded by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The prices take into account any discounts that may be granted by the Seller on the website https://dicinabre.eu/.

These prices are fixed and non-revisable during their validity period, but the Seller reserves the right to modify the prices at any time outside the validity period.

Prices do not include processing, shipping, transport, and delivery costs, which are billed in addition under the conditions indicated on the website and calculated prior to placing the order. The amount requested from the Client corresponds to the total purchase amount, including these fees.

An invoice is issued by the Seller and provided to the Client upon delivery of the ordered Products.

Some orders may be subject to a prior quote. Quotes issued by the Seller are valid for 15 days after their issuance.

ARTICLE 3 - Orders

It is the Client's responsibility to select on the website https://dicinabre.eu/ the Products they wish to order, according to the following methods:

By directly selecting the products available for sale on the website.
For custom orders: The Client fills out a form describing their custom dice project. A quote is provided based on their project description, and production begins only after the quote is signed and a deposit of 30% of the total order is paid. The Client is regularly updated and consulted on various production stages, which they can approve or request modifications for (3 trials included in the price; beyond these 3 trials, each additional trial will be charged at €20). Once the final model is created, with supporting photos and videos, the remaining balance must be paid in full before the order is shipped.

Product offers are valid as long as they are visible on the website and subject to stock availability.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website https://dicinabre.eu/ constitutes a remote contract between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.

The Client can track the progress of their order on the website.

ARTICLE 4 - Payment Terms

The price is paid via secure payment methods, as follows: payment by credit card (via PayPal) or bank transfer to the Seller's bank account (details provided to the Client when placing a custom order).

The price is payable in full on the website.

For custom orders, the price is payable as follows: In 2 installments—a deposit of 30% of the total order amount upon signing the quote, and the remaining balance before shipment.

In case of late payment of the amounts due by the Client beyond the deadlines stated above, and after the payment date indicated on the invoice sent to the Client, late payment penalties calculated at the legal rate applicable to the total VAT-inclusive purchase price stated on the invoice will be automatically and rightfully owed to the Seller, without any formalities or prior notice.

Late payment will result in the immediate payment of all amounts owed by the Client, without prejudice to any other actions the Seller may be entitled to take against the Client.

Additionally, the Seller reserves the right, in case of non-compliance with the above payment terms, to suspend or cancel the delivery of orders in progress placed by the Client.

Payment data is encrypted and exchanged securely using the protocol defined by the approved payment provider handling banking transactions on the website https://dicinabre.eu/.

Payments made by the Client will only be considered final after the Seller has effectively received the amounts due.

The Seller is not required to deliver the Products ordered by the Client if the Client has not paid the full price in accordance with the above terms.

ARTICLE 5 - Delivery

The Products ordered by the Client will be delivered within mainland France or to the following territories: International.

Deliveries occur within 7 days of completing and paying for the project, to the address provided by the Client when placing the order on the website. Delivery consists of transferring physical possession or control of the Product to the Client. Unless otherwise specified or in the event of unavailable Products, orders will be delivered in a single shipment.

The Seller agrees to make every effort to deliver the ordered Products within the specified timeframes.

If the ordered Products have not been delivered within 15 days after the indicative delivery date, for reasons other than force majeure or the Client’s actions, the sale may be canceled at the written request of the Client under the conditions set forth in Articles L216-2, L216-3, and L241-4 of the French Consumer Code. Any amounts paid by the Client will be refunded no later than fourteen days following the contract termination date, excluding any compensation or deduction.

In the case of specific requests by the Client regarding the packaging or transportation conditions of the ordered Products, which have been duly accepted in writing by the Seller, the related costs will be subject to an additional invoice based on a prior written quote accepted by the Client.

The Client is required to verify the condition of the delivered Products. They have 15 days from the delivery date to submit claims via email, accompanied by supporting evidence (e.g., photos). After this period, and failing compliance with these formalities, the Products will be deemed compliant and free of apparent defects, and no claims can be validly accepted by the Seller.

The Seller will refund or replace, as quickly as possible and at their own expense, Products delivered with proven non-conformities or apparent or hidden defects, under the conditions outlined in Articles L217-4 and subsequent of the French Consumer Code and these T&Cs.

The transfer of risk related to loss and damage will only occur when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller’s risk, except when the Client has chosen the carrier themselves. In this case, the risk is transferred upon the delivery of the Product to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Client will only occur after full payment of the price by the Client, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

According to the provisions of Article L221-18 of the Consumer Code, "For contracts involving the regular delivery of goods over a defined period, the period begins upon receipt of the first good." The right of withdrawal can be exercised online using the attached withdrawal form (Annex 1), which is also available on the website, or through any other unambiguous declaration expressing the intention to withdraw, including by postal mail addressed to the Seller at the postal or email address specified in ARTICLE 1 of these GTC.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their resale as new, along with the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted for return.

Return shipping costs are the responsibility of the Customer.

Exchange (subject to availability) or refund will be processed within 14 days from the receipt by the Seller of the returned Products in accordance with the terms of this article.

ARTICLE 8 - Seller's Liability - Warranties

The Products provided by the Seller benefit from: the legal conformity warranty for defective, damaged, or incorrect products, and the legal warranty against hidden defects arising from defects in materials, design, or manufacturing that make the products unsuitable for use.

Provisions relating to legal warranties

Article L217-4 of the Consumer Code: "The seller is required to deliver a good that is in conformity with the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for defects in conformity resulting from the packaging, assembly instructions, or installation when these were at the seller's charge or carried out under their responsibility."

Article L217-5 of the Consumer Code: "The good is in conformity with the contract if: 1° It is suitable for the usual use expected of a similar good and, where applicable:

it matches the description given by the seller and has the qualities that the seller has presented to the buyer through a sample or model;
it has the qualities that a buyer can legitimately expect, given the public statements made by the seller, manufacturer, or their representative, especially in advertising or labeling; 2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, communicated to the seller and accepted by them."

Article L217-12 of the Consumer Code: "The action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the good."

Article 1641 of the Civil Code: "The seller is liable for hidden defects of the sold item that make it unsuitable for the use for which it is intended, or that diminish its use so much that the buyer would not have purchased it or would have paid a lower price had they known."

Article 1648, paragraph 1 of the Civil Code: "The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the Consumer Code: "When the buyer requests from the seller, during the commercial warranty granted to them at the time of acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days will extend the duration of the warranty remaining. This period begins from the buyer's request for intervention or from the availability of the item for repair, if this availability occurs after the intervention request."

To exercise their rights, the Customer must notify the Seller in writing (via email or mail) of the non-conformity of the Products or the existence of hidden defects from the time of discovery.

The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conforming or defective.

Shipping costs will be refunded based on the charged rate, and return costs will be refunded upon presentation of proof.

Refunds, replacements, or repairs of Products deemed non-conforming or defective will be carried out as soon as possible and no later than 15 days after the Seller confirms the lack of conformity or hidden defect. Refunds can be made via bank transfer or cheque.

The Seller's liability cannot be engaged in the following cases: failure to comply with the legislation of the country where the products are delivered, which is the Customer's responsibility to verify; misuse, use for professional purposes, negligence or lack of maintenance by the Customer, normal wear and tear, accident, or force majeure.

The photographs and graphics presented on the website are non-contractual and cannot engage the Seller’s liability.

The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 9 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller, as well as for transmitting them to third parties for delivery purposes. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the website https://dicinabre.eu/ are as follows:

Product Order:

When placing an order, the Customer provides their name, surname, postal address, phone number, and email address.

Payment:

For payment of Products offered on https://dicinabre.eu/, the website records financial data related to the Customer's bank account or credit card.

9.2 Recipients of Personal Data

Personal data is exclusively used by the Seller.

9.3 Data Controller

The data controller is the Seller, in accordance with the Data Protection Law and, from May 25, 2018, the General Data Protection Regulation (GDPR) 2016/679.

9.4 Data Processing Limitation

Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the collected data for 5 years, covering the statute of limitations for civil contractual liability.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures to ensure digital security and protect personal data from alteration, destruction, and unauthorized access. However, it is important to note that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Exercising Customer and User Rights

In accordance with the applicable data protection regulations, Customers and users of the website https://dicinabre.eu/ have the following rights:

They can update or delete their data by sending a request via email.

They can delete their account by writing to the email address provided in Article 9.3 "Data Controller."

They can exercise their right of access to know the personal data held by the Seller by writing to the address provided in Article 9.3 "Data Controller."

If the personal data held by the Seller is inaccurate, they can request updates by writing to the address provided in Article 9.3 "Data Controller."

They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address provided in Article 9.3 "Data Controller."

They can also request the portability of their data to another service provider.

Lastly, they can oppose the processing of their data by the Seller. These rights, provided they do not contradict the purpose of the processing, can be exercised by sending a request via mail or email to the Data Controller. The data controller must respond within a maximum of one month.

If the Seller refuses to comply with the request, they must provide a justification. The Customer is informed that in case of refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or seek judicial recourse.

The Customer may be asked to tick a box to consent to receiving informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (using the contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the website https://dicinabre.eu/ is the property of the Seller and its partners, and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

ARTICLE 11 - Applicable Law - Language

These General Terms and Conditions (GTC) and the operations arising from them are governed by and subject to French law.

These GTC are written in French. In case they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaints, please contact the Seller's customer service at the postal or email address provided in ARTICLE 1 of these GTC.

The Customer is informed that they can, in any case, resort to conventional mediation, through existing sector-specific mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

In this case, the appointed mediator is:

The Consumer Mediation Center of Conciliators of Justice

49 Rue de Ponthieu, 75008 Paris

https://www.cm2c.net/

Email: cm2c@cm2c.net

The Customer is also informed that they may resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes arising from the purchase and sale operations concluded under these GTC that have not been resolved amicably between the Seller or through mediation will be submitted to the competent courts under common law.

ANNEX I

Withdrawal Form
Date ______________________
This form must be completed and sent only if the Customer wishes to withdraw from the order placed on https://ko-fi.com/dicinabre/shop, unless exclusions or limitations on the right of withdrawal apply, as per the applicable General Terms and Conditions of Sale.

To the attention of:

Ei, Dicinabre
65 rue de la Ferté Alais
91820 Boutigny sur Essonne

I hereby notify the withdrawal from the contract concerning the product detailed below:

Order date (please specify) ..................................................
Order number: ............................................................
Customer's name: ..............................................................................
Customer's address: .......................................................................

Customer's signature (only if this form is sent on paper)