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EVENTS

Terms of use and conditions

SECTION 1 - INTRODUCTION

The following Terms and conditions (« Terms and Conditions) from CUSTOMPOK SAS, headquarters located 41 rue Laure Diebold 69009 Lyon France, registered under number 799 932 686 (« CUSTOMPOK »), are applicable to every sale of poker related product (« product »), concluded between CUSTOMPOK and the buyer, business or individual (« customer »).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS PRIOR TO ANY ORDER ON THE WWW.CUSTOMPOK.FR WEBSITE. EVERY ORDER IMPLIES THE FULL ACCEPTANCE WITH NO RESERVE TO THE TERMS AND CONDITIONS.

The customer is informed that Terms and Conditions can be updated at any time, the applicable version is the one published at the order date of the customer. Every order on the www.custompok.fr website implies the creation of a personal account. To create a personal account, the Customer must fill in a registry form in the My registration section of the www.custompoker.fr website and must fill in all identification information. When the account is created, an email is sent to the customer confirming the registration process. The email address will be used as the username of the customer. When the account is created, the customer will also need to create a password. This password can be updated by the Customer in the My account section on the website www.custompok.fr. The customer shall keep private his username and password and not share them with any third-party. CUSTOMPOK shall not be held liable of any misuse of the Customer’s username and password.

 

SECTION 2 - PRODUCTS

All products sold by CUSTOMPOK are related to the practice of the Poker game.

Some products can be:

- Customized by the Customer who can choose the main characteristics of the Products ;

- Semi-customized by the Customer who can choose pre-defined products and adjust some of their characteristics.

WHEN A PRODUCT IS CUSTOMIZED BY THE CUSTOMER, THE CUSTOMER IS REQUIRED TO ENSURE HE IS NOT ENFRINGING ANY COPYRIGHT OR RIGHTS, INTELLECTUAL PROPERTY, AND IS NOT ENFRINGING ANY LAW, RULE OR CONVENTION. CUSTOMPOK WILL NOT BE HELD RESPONSIBLE IN CASE A CUSTOMER DOES NOT RESPECT RIGHTS TO INTELLECTUAL PROPERTY, TRADEMARKS OR COPYRIGHTS FROM THIRD-PARTIES REGARDING ELEMENTS CHOSEN BY THE CUSTOMER TO CUSTOMIZE THE PRODUCT. CUSTOMPOK ALSO WANTS TO HIGHLIGHT THE FACT THAT THE ASPECT OF THE PRODUCT, ESPECIALLY HIS COLOR, CAN BE SLIGHLTY DIFFERENT FROM THE PICTURES ON WWW.CUSTOMPOK.FR AND THE PRODUCT ITSELF ; THE QUALITY OF THE PRODUCT CAN VARY BASED ON THE USER EQUIPMENT AND HIS SETTINGS. AS A CONSEQUENCE, CUSTOMPOK WILL NOT BE HELD RESPONSIBLE FOR DIFFERENCES BETWEEN THE PRESENTATION OF THE PRODUCT, ESPECIALLY HIS COLOR, ON THE WWW.CUSTOMPOK.FR WEBSITE AND THE PRODUCT ITSELF.

Products are exclusively sold online by Custompok on the www.custompok.fr website. Custompok will ensure the website www.custompok.com is available 7 days a week, unless operations of maintenance or force majeure, the availability and performance of the www.custompok.com website relies on the quality of the Internet connection of the Customer and his computing equipment. Maintenance periods will occur when possible during low business activity of the website, from 7pm to 9am on the next day.

 

SEctION 3 - ORDER

The Customer willing to purchase a Product on the www.custompok.com website must:

- Select the desired product(s), the quantity, and confirm his cart,

- Select the My Cart section and ensure all information is correct in the order summary and click on « Buy »,

- If the customer already has an account, he has to log in in the My account section of the www.custompok.com website,

- If the customer doesn’t have any account, he must register on www.custompok.fr by creating a personal account, in the My Registration section - Mention a shipping address

- Select the shipping method: Chronopost (Express) or Colissimo/So Colissimo (standard delivery) :

o If the customer wants a delivery of the product to a delivery address, he has to mention the delivery address of the product,

o If the customer wants to receive the package in a Package center, he has to select the location where he wants to receive the product ;

- Choose the payment mode: the Customer can select either o An online payment by credit card, or o A payment by check according to special terms and conditions - Read and accept the Terms and Conditions

- Confirm his order and payment. Prior to confirming his order, the Customer can, at any time, update or cancel his order by clicking on any link located on the header of the www.custompok.com website. When the customer confirmed his order, he will receive a confirmation email providing a order ID and an invoice ID.

 

SECTION 4 - PRICE

Unless otherwise stated, the Product Price will be the current one at the time of confirmation of the Customer’s Order. Prices are given in Euros and are VAT inclusive, package included. Shipping fees to the delivery address of the Product provided in the order are not included in the Product price and are charged separately. Shipping fees are based on the delivery address, weight and dimensions of the package, as well as the shipping mode selected by the Customer (Express or standard).

 

SECTION 5 - PAYMENT

The Product Price and the Shipping Fees must be entirely paid when the order is confirmed by the Customer. Payment can be made online with a credit card on the www.custompok.fr website, or by check. When the Customer intends to pay by check, the check must be made at the name of CUSTOMPOK SAS and sent by regular mail to the address given in section 14. The ordered Product will only be shipped when the payment is registered on the CUSTOMPOK account. The payment will be considered as complete when the full amount is credited on the CUSTOMPOK account. CUSTOMPOK reserves the right to cancel any order if the payment is rejected, especially if the credit card number is refused, in case of fraud suspicion, in which cases the Customer will be contacted as soon as possible. The non or partial payment of the price of the Product(s) and shipping costs allow CUSTOMPOK not to deliver the ordered product, which will remain CUSTOMPOK property til the full payment of the given price at order time.

 

SECTION 6 – ORDER PREPARATION

In case the ordered Product is unavaiable, for a short time or permanently, especially in the event of the failure of a provider, the Customer will be informed as soon as possible.

The Customer will be allowed to:

- Maintain his initial order, which will be completed in times given by CUSTOMPOK ;

- Choose a similar product ; if the new Product and shipping fees are lower than the initial Product+related shipping fees, the difference will be paid back within 30 days from confirmation time by the Customer

- Cancel his order, the Customer will be fully paid back in a 30 days delay from cancellation time by the Customer to CUSTOMPOK.

 

SECTION 7 – RIGHT OF WITHDRAWAL

In accordance with article L. 121-20-4 of the French Consumer Code, regarding products sold on the www.custompok.com website, except cases listed below, the Customer can cancel his order and send his products within 7 (seven) days from delivery of the Product(s). Some Products made based on requests from the Customer, such as customized or semi-customized Products by the Customer, are not eligible to the Right of Withdrawal, in accordance with article L. 121-20-2 of the French Consumer Code, unless formal and express derogation made by CUSTOMPOK. In case of Right of Withdrawal in the timeframe and conditions above, the price of the Product will be entirely paid back, provided that the Product is returned as per Terms defined in Section 10 below. Payback will occur within 30 days from the Right of Withdrawal request, by CUSTOMPOK. Note that return shipping fees will remain at the Customer’s expense, except under formal and specific dispensation of CUSTOMPOK.

 

SECTION 8 – DELIVERY

The Product will be delivered within thirty (30) days from the confirmation of the order by the Customer. The Product will be delivered according to the choice made by the Customer while ordering among the following delivery modes: TNT (Express) or Colissimo/So Colissimo (Standard). Based on the chosen shipping method:

- at the address mentioned by the Customer in his order: in case of absence at the time of delivery at the given address, a notice is normally let in the mailbox explaining how to withdraw the Product from ie his local post office.

- In the delivery point chosen by the Customer The Product can only be let to the recipient against signature. In cases when the Customer doesn’t fetch the Product in the time allotted (ie in the notice let by the delivery agent in the mailbox of the customer or within the timeframe of the delivery point), the Product will be sent back to CUSTOMPOK. CUSTOMPOK will then contact the Customer for a possible new delivery. CUSTOMPOK cannot be held responsible for loss or damages due to a reasonable delay in delivery or a delay due to an event beyond CUSTOMPOK’s control. CUSTOMPOK reserves the right to split an order in different packages based on the size or weight of the ordered Product(s).

Delivery within times can only happen if the Customer is clear with CUSTOMPOK of all his duties.

 

SECTION 9 – WARRANTY – RESPONSABILITY

As soon as the Product is under the Customer’s responsability, all risks related to damages or loss, as well as damages the Product could cause, are transferred to the Customer. CUSTOMPOK is expected to deliver a Product in line with the confirmation order of the Customer. As such, CUSTOMPOK is responsible for any lack of conformity existing when delivering the Product. The Customer must check the conformity of his order with the order confirmation, as well as the state of the Product at delivery and make, if needed, all enquiry to the delivery agent. Only a legitimate and detailed claim, written in the transport documents, will be considered acceptable. The Customer shall keep a copy of any claim made after delivery of the Product and send a copy of the document to CUSTOMPOK at the address given in section 14 below. The Carrier of the Product is responsible for the loss of the Product to deliver, as well as damages occuring during delivery to the Customer. CUSTOMPOK will not be help responsible for damages made to or by the Product during delivery by the carrier. The Customer must express all enquiry regarding the conformity of the Product in regards to the confirmation of the order as well the state of the Product, with a registered letter with an acknowledgement of receipt sent to CUSTOMPOK at the address given Section 14 within forty-eight (48) hours after delivery of the concerned Products. In case of non-conformity of the Product with the confirmation order of the Customer, the Customer can choose between a repair or replacement of the Product. However, CUSTOMPOK might choose otherwise if the cost is disproportionate compared to the other choice, based on the value of the good or the importance of the defect. If repair or replacement of the Product is impossible, the Customer can ship the Product back, get paid back, or keep the product and ask a partial payback of the Product’s value as a compensation.The Product is subject to the terms and conditions set out in the french Code of Consumption and the french Civil Code.

Warranty will be applicable if the following conditions are met:

- The Product was stocked and maintained in the required conditions for a proper conservation, and was used properly, is well protected, in his original package, in a perfect state of resale (not damaged, not dirty) with all accessories, user guides and documents ;

- The Product shall not have been used, which means the product shall not be used more than needed in order to his quick test. CUSTOMPOK does not provide any warranty regarding the composition of the Product. The responsability of CUSTOMPOK shall not be held liable for a damage resulting of the use of the www.custompok.com website, such as loss of data, intrusion, viruses, etc.

 

SECTION 10 – PRODUCT RETURN

In case of non-compliance of the product delivered in connection with the order confirmation based on Section 9 above, or in case of Right of Withdrawal in conditions defined in Section 7 above, the Customer must follow the following steps:

- Request a product return, sending an email to contact@custompok.com

- Ship the Product at the address mentioned Section 14 below, well sealed and protected, in his original package, in a perfect state for resale (not damaged, not dirty), with all eventual accessories, user manuals and documents,

- Sent with the confirmation order sent by email to the Customer in order to allow CUSTOMPOK to identify the Customer (ID number, name, address)

 

SECTION 11 – PERSONAL DATA

The Customer is informed that collected data are collected and undergo automatic processing operations, such as notified by CUSTOMPOK to the French data protection authorities, the CNIL (Commission Nationale de l'Informatique et des Libertés) according to the data protection act of January 6th, 1978. Following this Law, the Customer is entitled to access, change, correct and delete his personal information at any time with CUSTOMPOK. The Customer can exercise this right via the section My account on the www.custompok.com website, or by sending a formal written request to the post address mentioned Section 14. The data collected can be used by Custompok to manager the customer’s account, for all operation of direct marketing communication, by any means, to inform the Customer about new offers and special discounts.

 

SECTION 12 – ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

The Terms and Conditions do not grant any rights to to the copyright material belonging to CUSTOMPOK, a manufacturer of a Product sold by Custompok, or/and to a third-party. The use of the www.custompok.fr website doesn’t give the Customer any right to the intellectual property shown on this website and which is and will remain the exclusive and full property of CUSTOMPOK. The intellectual property rights prohibit, in particular, any copying or representation of all or part of the brands, logos and pictures from this site for any other purpose on any media whatsoever (flyer, poster, catalog, mail, press article, TV video, website, social networks, etc) without the express, prior authorisation of CUSTOMPOK or/and the manufacturer of the Product.

THE CUSTOMER IS EXPECTED TO ENSURE THE CUSTOMIZATION ELEMENTS HE’S CHOOSING FOR A PRODUCT DO NOT INFRINGE ANY COPYRIGHTS, AND MORE GENERALLY ANY LAW OR GOVERNMENT RULES. CUSTOMOK WILL NOT BE LIABLE FOR THE NON-RESPECT BY THE CUSTOMER OF THE COPYRIGHTS, SUCH AS TRADE MARK RIGHTS, COPYRIGHTS, OR/AND ANY OTHER RIGHT FROM THIRD-PARTY ON ELEMENTS CHOSEN BY THE CUSTOMER TO CUSTOMIZE THE PRODUCT. AS A CONSEQUENCE, THE CUSTOMER GUARANTEES CUSTOMPOK AGAINST ANY ENQUIRY FROM A THIRD-PARTY REGARDING THS USE OF ELEMENTS CHOSEN BY THE CUSTOMER TO CUSTOMIZE THE PRODUCT.

 

SECTION 13 – FORCE MAJEURE CUSTOMPOK

will not be held responsible in the event of failure or delay in the performance of the obligations described in the Terms and Conditions in case of force majeure or events beyond its control. However, in such case, CUSTOMPOK can get an extension of the deadline in order to comply with its obligations, after written and prior information of the Customer.

 

SECTION 14- VARIOUS

The Customer can contact CUSTOMPOK for any request or claim regarding the Products and/or the www.custompok.com website, by mail or email at the following addresses : CUSTOMPOK SAS 41 Rue Laure Diebold 69009 LYON France Email : contact@custompok.com The fact that CUSTOMPOK chooses not exercise its right to apply any one of the dispositions of the present general sales terms and conditions can not be interpreted to mean that CUSTOMPOK has renounced the right to exercise its right to apply any one of the said general sales terms and conditions in the future. If one or more of this terms and conditions should be held invalid, such provision will be deemed superseded by a valid, enforceable provision, minimizing as much as possible economical consequences ; the remaining Terms and Conditions will remain entirely valid.

 

SECTION 15 – RETENTION OF TITLE CLAUSE

The ownership of the product will only be transferred to the Customer when the entire payment of the price will be received. In case the price has not been paid on the due date, CUSTOMPOK has the right to take back the goods in its existing state, to cancel the order and ask the Customer to compensate the loss and damage resulting from depreciation at all events. In this regard, in the event when CUSTOMPOK might exercise such a compensation for loss sustained, it is expressly accepted by the Customer that CUSTOMPOK retains the part of the paid price, without prejudice to any and all other damages. The legal provisions above will not prevent the transfer to the Customer of the risk related to the loss or damage to the goods or the damages the Products could cause as from its being made available to the Customer. Provisions of this Title are stipulated as a guarantee in the exclusive interest of CUSTOMPOK and can only be invoked by CUSTOMPOK. In no case may the Customer use this section to force CUSTOMPOK to take back an unpaid Product.

 

SECTION 16 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The Terms and Conditions are subject to French law, and are interpreted and applied in accordance with the aforesaid principle, even in the event when a part or the entire order is shipped to a foreign address. Disputes may arise about the validity, interpretation, performance or non-performance, interruption or termination of this Terms and Conditions, shall be subject to the exclusive jurisdiction of the French courts.

OASIS CREATION : Création site web à Lyon