Legal notice / General terms and conditions

Terms and conditions of sale

The present conditions of sale are concluded, on the one hand, by Agence boom with a share capital of €5000, whose registered office is located at 167 chemin de la Bessoune 31620 Villeneuve-Lès-Bouloc, registered in the Toulouse Trade and Companies Register under the number 813947364, hereinafter referred to as “Custom Pinball” and managing the website www.pinballcustom.com and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.pinballcustom.com, hereinafter referred to as “the buyer”.

Article 1. Purpose

The present conditions of sale aim to define the contractual relations between Custom Pinball and the buyer, and the conditions applicable to all purchases made through the www.pinballcustom.com website. The acquisition of a product through the present site implies unreserved acceptance by the purchaser of the present conditions of sale, which the purchaser acknowledges having read prior to ordering.

Prior to any transaction, the buyer declares on the one hand that the purchase of products on the www.pinballcustom.com site is not directly related to his/her professional activity and is limited to strictly personal use, and on the other hand that he/she has full legal capacity, allowing him/her to commit to the present general sales conditions.

Pinball Custom reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer’s order.

Article 2. Products

The products offered are those shown on the Pinball Custom website www.pinballcustom.com, within the limit of available stocks. Pinball Custom reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition…). The photographs are as accurate as possible, but are not binding on the Vendor. Please note that the color, size and pattern of products may vary slightly due to their handcrafted and custom-made nature. Consequently, these products cannot be returned or exchanged.

The sale of products presented on the www.pinballcustom.com website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.

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Article 3. Rates

The prices appearing on the product sheets of the internet catalog are in Euros (€) and include all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.

Pinball Custom reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, according to the total amount of the order.

In metropolitan France, shipping is free. In Europe, shipping costs are €15 incl. VAT, and for the rest of the world €30 incl. VAT.

Article 4. Ordering and payment

Before placing an order, the buyer must create an account on the www.pinballcustom.com website. The account creation section can be accessed directly from the menu bar. Each time the buyer visits the site, if he wishes to order or consult his account (order status, profile, etc.), he must identify himself using this information. Pinball Custom offers the buyer the option of ordering and paying for its products in several stages, with the payment options Credit Card or Paypal:

– Secure payment by Paypal or credit card (via the PAYPAL system) : the buyer selects the products he/she wishes to order in the “shopping basket”, modifies them if necessary (quantities, references…), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: “Payment by Paypal”. In the next step, the buyer is asked to check all the information provided, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the PAYPAL secure interface, where he/she can enter his/her Paypal account details or personal credit card details. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the latter, the buyer may demand cancellation of the card payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract with the bank. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder’s written objection. The cardholder will not be charged for the return of the sums.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one’s own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the buyer has an e-mail address and has provided it on the order form, Pinball Custom will send an e-mail confirming the registration of the order.

If the buyer wishes to contact Pinball Custom, he may do so by email at the following address: pinballcustom@gmail.com.

Article 5. Reservation of ownership

Pinball Custom retains full and complete ownership of the products sold until full payment has been received, in principal, fees and taxes included.

Article 6. Withdrawal

In accordance with article L121-20 of the French Consumer Code, the purchaser has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or reimbursement without penalty, with the exception of the cost of return.

In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of goods made to the consumer’s specifications or clearly personalized. Thus, custom-made or personalized products ordered on our site cannot be returned or exchanged, except in the case of lack of conformity or latent defect. By placing an order, the customer acknowledges having been informed of this exclusion of the right of withdrawal for custom-made or personalized products.

Article 7. Shipping

Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO, a delivery service with tracking and delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be cancelled and the buyer reimbursed. Pinball Custom may provide the buyer with a tracking number by e-mail. The buyer is delivered to his home by his letter carrier. If the buyer is absent, he will receive a notice from his letter carrier, which allows him to collect the ordered products from the nearest post office, during a period indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the items leave Pinball Custom’s premises. The purchaser is responsible for verifying the condition of the packaging and the contents of the merchandise upon delivery, in the presence of the employee of La Poste or the delivery person. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Warranty

All products supplied by Pinball Custom benefit from the legal guarantee provided by articles 1641 and following of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to Pinball Custom who will take it back, exchange it or reimburse it. All claims, requests for exchange or reimbursement must be made by email to the following address: pinballcustom@gmail.com within thirty days of delivery.

Article 9. Liability

In the distance selling process, Pinball Custom is only bound by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption or other involuntary problems.

Article 10. Intellectual property

All elements of the Pinball Custom site (site name, url, products) are and remain the exclusive intellectual property of Custom Pinball. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.

Article 11. Personal data

Pinball Custom is committed to preserving the confidentiality of information provided by the buyer, which he/she may be required to transmit in order to use certain services. All information concerning the buyer is subject to the provisions of law n° 78-17 of January 6th 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by e-mail to the following address: pinballcustom@gmail.co

These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Toulouse.