Sticknwizz is a service to help find lost objects through a personal codification service linked to a web site by a voice and textual box. Its main object is to link a subscriber who lost an object with the person who found this same object. Beware, it does not, in any case, guarantee or ensure the recovery of lost objects.
- ART 1 - FIELD OF OPERATION
- ART 2 - GENERALITY
- ART 3 - PRODUCTS, SERVICES AND PRICES
- ART 4 - PAYMENT
- ART 5 - ORDERS
- ART 6 - DELIVERIES AND “ACTS OF GOD”
- ART 7 - GUARANTEE
- ART 8 - RESPONSIBILITY (LIABILITY)
- ART 9 - CONFIDENTIALITY
- ART 10 - INTELLECTUAL PROPRIETY
- ART 11 - APPLICABLE LAW, LAWSUITS
- ART 12 - LEGAL INFORMATIONS RELATED TO STICKNWIZZ
ARTICLE 1 - FIELD OF OPERATION
The present General Sales Conditions govern the contractual relationship between Sticknwizz and the Client, which both two parties accept entirely without reserve. They represent the entirety of both parties’ rights and obligations.
The Client has the faculty to register the data or to print it.
The Client acknowledges having read the General Sales Conditions and expressly declares accepting them. The acceptance will be deemed to have been given as soon as the Client confirms his acceptance of the statement “I have read the User’s and General Sales Conditions and I accept them without reserve”.
These general sales conditions are, at any time, available on this web site and will prevail, should the matter arise, over any other version or any other contradictory document.
ARTICLE 2 - GENERALITY
2.1 Client’s legal capacity
Every physical person, of at least 18 years of age or duly authorized at the date of the validation of its order, is a Client, under General Sales Conditions.
When acquiescing to the Site’s icon “Pay my order”, the Client acknowledges its full legal capacity to commit to the General Sales Conditions.
2.2 Client’s identification with a password
When subscribing, an identification and a password must be entered by the client. An identification control to ensure uniqueness of identity is then carried out by the system. This strictly confidential password will be requested of the Client before each transaction. The sole and entire responsibility for each transaction rests with the Client.
2.3 Duration of General Sales Conditions
The General Sales Conditions are those in effect on the date the order is validated by the Client. They remain valid for the whole duration of the membership.
2.4 Modification to the General Sales Conditions
The General Sales Conditions may be modified. The Client is invited to consult the Site on a regular basis in order to be informed of the latest modifications.
ARTICLE 3 - PRODUCTS, SERVICES AND PRICES
All the products described on the Sticknwizz site are owned by the Société Optinov SARL’s, hereafter fully indicated.
The products (stickers and medallions) suggested by Sticknwizz may, at any time, be modified and adapted, in order to meet clients’ requirements. The pictures, illustrations and texts on the Sticknwizz site are not included in the contract.
Sticknwizz is committed to do its utmost to guarantee that access to its server on a permanent basis in order to transmit e-mails and SMS, the security of its “data base” and the proper operation of its Web site.
Violation of one or more conditions of the General Sales Conditions or failure to pay the sum owed, the following maturity of renewal membership may, at Sticknwizz’s sole discretion, entail cancellation of service, anytime thereafter.
All prices indicated on the Site are in Euros. Such prices include all current taxes.
Prices are subject to fluctuations and may be modified. The billed prices are those in effect at the time of order.
3.4 Exceeding subscription period, exhaustion of SMS account
A Client who omits or neglects to renew his subscription and for whom an alert is made on Sticknwizz must renew his membership and pay a late penalty, as described on the Site, before receiving the alert. The Reception of the alert does not, in any case, guarantee or ensure recuperation of the lost object.
The same procedure applies to a Client whose SMS account has been used up. In order to receive SMS further alerts, a Client must replenish his SMS account according to the procedure indicated on the Site.
ARTICLE 4 - PAYMENT
4.1 Mode of payment
When validating your order, an array of suggested modes of payment are indicated in the Site.
You duly acknowledge having the right to use the mode of payment you have selected. This mode of payment must be the process of validation and must not result from a fraudulent operation.
Sticknwizz commits itself to the security of on line payment. The transmission of your payment data is immediately encrypted. It is impossible to read such date during its unique transfer via Internet as no bank data is stocked by Sticknwizz.
ARTICLE 5 - ORDERS
5.1 Validation of order by Client
The Client places his order in conformity with the procedure appearing on the Site. He will be asked to double check all the information. The Client then validates it by a “double click” on the icon “Pay my order”. All orders not validated will not be filled.
Sticknwizz recommends Client keep a copy of his order either on paper or on a reliable technology based document.
5.2 Electronic signature
The validation of your order by “double click”, the authentification and protection of the entirety of the messages constitute an electronic signature. This electronic signature is deemed to be written signature between the parties. Any validation of an order by “double click” constitutes an irrevocable agreement.
5.3 Confirmation of order by Sticknwizz
All orders will receive an E-mail confirmation. This document, to be kept, constitutes the proof of your order.
Sticknwizz reserves the right not to confirm the order, particularly in the case of a payment authorization refusal by an officially accredited organization.
The sale will be considered closed only after Sticknwizz has confirmed the acceptation of the order to the client.
ARTICLE 6 - DELIVERIES AND “ACTS OF GOD”
Sticknwizz will take all necessary steps to ship products within 3 weeks as of confirmation date of the order.
The shipments are made by mail at the address indicated upon registration.
This delay is communicated for information only and an eventual exceeding time will not lead to any damage and interest, withholding or invalidation of the order by the client.
The client must verify the state of the delivered products. He has a delay of 7 days, starting with delivery, to inform by email, with supporting documents, all reserves or complaints for non conformity or apparent malfunction of the delivered products. After this delay, and under the above mentioned procedure, the products will be presumed to be conformed and exempt of any apparent malfunction and no complaint will be legitimately accepted by Sticknwizz.
Sticknwizz will replace as soon as possible, and at its own expenses, the delivered products which apparent malfunction or non conformity will have been proved by the client.
6.2 “Acts of God”
Sticknwizz is exempt from liability in all cases of “Acts of God” related to circumstances beyond its control such as a disaster, storms, sudden climate changes or of any other event susceptible of disturbing proper flow of merchandises and computer information.
6.3 Withdrawal delay
The client has, in conformity with the law, a 7 day withdrawal delay, starting with delivery of the products, to return them to Sticknwizz in order to change them or to be reimbursed under the conditions that the products are returned in their original packaging and in perfect condition. The return fees are at the exclusive charge of the client.
ARTICLE 7 - GUARANTEE
Sticknwizz commits to giving the Client a product and service in conformity with latter’s request.
The products (stickers and medallions) are made to last a 12 month period if used to user’s conditions described in the Sticknwizz Site.
All products subjected to extreme wear and tear due to improper use (fixing on an inadequate surface, or on a surface exposed to frequent rubbing…) will not be replaced.
The products or services sold on the Sticknwizz web site are in conformity with the laws and regulations in force in France. The OPTINOV Society’s responsibility could not be engaged in case of non respect of the country’s legislation where the products are delivered. The clients are asked to verify these laws and regulations themselves.
However, Sticknwizz remains at the disposal of its Client to assist latter when eventual problems occur for the whole duration period during the products are meant to be used.
7.2 After-sales service
An after-sales service is available 5 days a week (from Monday to Friday included) by e-mail at:
ARTICLE 8 - RESPONSIBILITY (LIABILITY)
The pictures of the products (stickers and medallions) are not under contract.
8.2 External link and publicity
Sticknwizz may carry publicity and hypertext links leading to other internet sites. Sticknwizz does not make any commitment concerning the publicity and any other internet site to which the Client could have access via Sticknwizz and is in no way responsible for the content, operation and access to these sites.
8.3 Illicit content
A client may use Sticknwizz only for legal purposes. It is forbidden to publish or transmit via the Site any material or data which is illicit, prejudicial, defamatory, pornographic, hateful, racist or any other data detrimental to human dignity.
Sticknwizz reserves its right to take all necessary measures to enforce these principles.
Sticknwizz reserves its right not to complete orders or to cancel the subscription of any Client who offends public order or good behaviour.
8.4 Client’s responsibility
As Client, you are responsible for your own choice of product and for use you make of it; you are also responsible for your telephone and post office fees when you contact Sticknwizz as well as for your statutory declarations.
8.5 Sticknwizz limited responsibility
The service offered by Sticknwizz consists in helping people to find lost objects through a personal coded system linked to a web site by a voice and textual box.
Sticknwizz does not guarantee the recovery of the lost object by its owner.
Client hereby exonerates Sticknwizz from any liability in the case of damage of any nature to the lost objects (notably and without limitation, all loss of benefits) as a result of the use or the impossibility to use the Web site; this applies even through the middlemen suggested by Sticknwizz to the companies who have subscribed the additional service to companies.
Sticknwizz cannot be held responsible for any breakdown or for service interruption attributable to causes beyond its control.
ARTICLE 9 - CONFIDENTIALITY
In accordance with the No. 78-17 law of January 6th 1978, it is reminded that the required data that are asked to the client are necessary for the processing of its order and are for OPTINOV’s internal use. However, if a Client agrees by ticking the appropriate box on the Site, his personal data can be transmitted to related companies.
The Client may at any time, access and correct its personal data collected on the Sticknwizz site under the heading “My Account”.
9.2 Information letter
The Clients will only receive information from Sticknwizz by E-mail and only for the following matters:
- End of annual subscription period and renewal offer, one month previous to the end of said subscription.
- Quarterly information on promotional offers or sponsorship contests. At any moment, it will be possible to ask these quarterly information be interrupted.
ARTICLE 10 - INTELLECTUAL PROPRIETY
All components of the Sticknwizz Site, visual or sonorous, including the underlying technology, the Sticknwizz logo and the Sticknwizz name are protected by copyright, brands and patents.
When connecting to the Sticknwizz site the Client is forbidding itself to copy or download all or part of its content, unless previously and expressly authorized by its owner. The Client who has the use of a web site on a personal basis may link his site directly to the home page of the Sticknwizz site. Such link does not constitute an implicit affiliation agreement. Any hypertext transferring to the site and using the framing technique or the in-line linking is formally forbidden. In all cases, all access, even by tacit agreement, must be withdrawn on simple demand by its owner.
ARTICLE 11 - APPLICABLE LAW, LAWSUITS
The General Sales Conditions are governed and interpreted by the Laws of France.
For convenience, a translation in many foreign languages is available. In case of ambiguity, the General Sales Conditions' french version will prevail.
Any lawsuit resulting from the present contract concerning either its validity, its interpretation, its execution, its cancellation, their consequences and the follow ups will be submitted to the SAINT-ÉTIENNE’s concerned French court in France.
ARTICLE 12 - LEGAL INFORMATIONS RELATED TO STICKNWIZZ
Owner: Optinov SAS
Head office: 42600 Chalain d’Uzore, France
RCS MONTBRISON TGI 498 199 157 - APE 722 C
VAT Number : FR 20 410 409 460
General Manager : Luc Tessier
Place of juridiction : SAINT-ÉTIENNE