GENERAL TERMS AND CONDITIONS OF SALE

Preamble

The present Obo360 website invites its Users to carefully read the present General Terms and Conditions of Sale (hereinafter the "GTCS").

The GTC apply to all products offered by the www.obo.com website. Any order taken under a product appearing in the online store of the site www.obo360.com implies the prior acceptance of these general conditions. The said conditions can be susceptible to modifications without notice. In this case, the applicable conditions will be those in force on the site at the date of the order.

The photographs or preview graphics presented on the Website are not contractual.

Definitions

"Website" means the Internet Site, web: www.obo360 ;
"Customer" shall mean the Professional or Consumer who places an Order for a Product sold on the Website;
"Order" shall designate any order placed by the client on the Site;
"Products" refers to the tangible and intangible items sold on this Site, namely 360-degree immersive photos and videos, original artworks and art prints;
"Artist" means the person who creates and sells the Products.

Orders

The order contract will be effective when the Customer clicks on the button to confirm the order of a media either in Euro or in local credits: the Obo. He can confirm and carry out his Order by pressing the button "Confirm".
If necessary, he/she must provide a valid address and payment method in order to finalize the Order. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated.
Once the Order is placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information.

Products and prices

The selling price of the Products is displayed on the Site in euros or in local credits (obo) and includes all taxes, except for delivery charges where applicable. The Products are described on the site on the corresponding page and mention is made of all their essential characteristics. If a media is no longer available because it has been acquired exclusively, the User will be informed as soon as possible and his order will be cancelled and refunded. The unavailability of a Product shall in no way incur the liability of Obo360, nor shall it give rise to any right to compensation or damages in favour of the Customer.

In the case of an order for an artistic media with a print, all costs are not included in the final price.
Obo360 does not perform any printing or shipping. These two operations are subcontracted and the responsibility for printing and shipping is that of the subcontractor. In the event of a dispute, Obo360 shall not be held liable in any way, nor shall it give rise to any right to compensation or damages in favor of the Customer.

Means of payment

Unless otherwise stipulated, all sales shall be paid for in cash at the time the Order is placed. Payment can be made :

online by credit card via the secure payment solution Paypal, following the instructions provided over the phone by Obo360.

Withdrawal

The Customer has a period of 15 days from the date of receipt of the products (electronic or printed) to exercise his right of withdrawal without having to justify his reasons or pay any penalty.
Returns of physical products must be made in their original condition and complete (packaging equivalent to the original), directly to Obo360. In this case, the Customer shall be liable. Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.
If the right of withdrawal is exercised, the Obo360 shall refund the sums paid, within 15 days of notification of the request and via the same means of payment as that used at the time of the order.

Delivery / Packaging

The delivery of the Products to be downloaded is ensured from start to finish by Obo360 and is available immediately after the payment of the order by the Customer.
If the customer has registered on the site, he/she will also have a permanent link on the dashboard of his/her account that will allow him/her to download his/her media.

The delivery of the printed products is carried out by a subcontractor.

The Product is packaged by the subcontractor printer. The Product is then entrusted to a specialized carrier for which only the subcontractor is responsible. If the Product, despite all the care taken, arrives damaged or broken at the Customer's home, Obo360 shall not be liable. It shall be the Customer's responsibility to contact the subcontractor who made the shipment in order to find the best arrangement.

In addition, Obo360 shall not be liable for reasons related to exceeding delivery deadlines.

Proprietary Rights

Obo360 is the exclusive creator of all media (artwork, photos and videos) offered on its website. It shall retain ownership of the Products sold until full payment of the price by the User. It can therefore repossess the said Products in case of non-payment. In the event of a sale, Obo360 transfers to the User the physical or electronic Product and its rights of representation on the Product, but retains the moral rights on the Product as well as the rights related to its reproduction.

Any element appearing on the Site is protected by copyright, trademark and any other intellectual property right. Any reproduction and/or adaptation is strictly prohibited without the prior authorization of Obo360.

Legal guarantees

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.211-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them."

Any Product resold altered, modified or transformed is not covered by the warranty.
This one is limited to the replacement or the refunding of the Products not in conformity or affected of a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.

Modifications

Obo360 reserves the right to make changes to the Site, the T&Cs, and any delivery procedure or other component of the services provided by Obo360 through this Site.
When an Order is placed, the Customer shall be subject to the terms and conditions set forth in the T&Cs in effect at the time the Order is placed.

Personal Data

Information and data concerning the Site's customers are collected, where applicable, to enable the management of orders, after-sales service, and the sending of newsletters. It may be communicated to the Site's service providers responsible for the execution of services and orders for their management, execution, processing and payment. However, it may not be used by third parties for other purposes without their authorization.

In accordance with the modified law of January 6, 1978, the buyer has a right of access, rectification and opposition that he can exercise at the following email address: contact@obo360.com

Responsibility

Obo360 shall in no event be liable for the unavailability, whether temporary or permanent, of the Website and although it shall use its best endeavours to ensure that the service is always available, it may be interrupted at any time. In addition, Obo360 reserves the right to voluntarily make the Website unavailable in order to perform any updating, improvement or maintenance operation.
As previously stated herein, Obo360 shall not be liable for any delays in delivery due to causes beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

Intellectual property

The name, logo, and graphic design of this Website are protected by copyright, which is owned exclusively by Obo360. Any dissemination, exploitation, representation or reproduction, whether partial or complete, without the express authorization of Obo360 shall expose the offender to civil and criminal proceedings.

Jurisdiction clause

These GTC are subject to French law. Any dispute that may arise between Obo360 and a third party during the performance of these GTCs shall be subject to an attempt at amicable resolution. Failing that, the competent court shall be the Commercial Court of Quimper.