THE PRESENT TERMS OF SALE STIPULATE THE SALES CONDITIONS AND RESTRICTIONS THAT USERS ACCEPT BY ORDERING ON OUR WEBSITE.
BY USING ANY OR ALL OF THE WEBSITE’S SERVICES OR BY PURCHASING PRODUCTS ON IT, YOU ACCEPT ALL THE PROVISIONS OF THE TERMS AND CONDITIONS AND THE LIMITATIONS OF WARRANTIES AND LIABILITY.
THE PRESENT GENERAL TERMS OF SALE MAY BE MODIFIED AT ANY TIME, PARTICULARLY REGARDING CHANGES TO THE SITE OR APPLICABLE LEGISLATION AND REGULATIONS.
OFAC Compliance. Purchaser is currently in compliance with, and shall at all times during the term of this Agreement (including any extension thereof) remain in compliance with, the regulations of the OFAC of the Department of the Treasury (including those named on OFACs Specially Designated and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action relating thereto.
1./ General provisions:
The terms used either in the plural or the singular in the present general terms of sale are defined as follows:
CUSTOMER: refers to any user (natural person over 18 years of age) who has the ability to contract, the capacity of a consumer and who orders and/or buys a product from the WEBSITE.
PUBLISHER: refers to DSB.
MEMBER: refers to any CUSTOMER who has created an active personal account after filling in a registration form.
PRODUCT: refers to all the PRODUCTS offered on the WEBSITE including, but not limited to, gift cards and top-ups for prepaid payment cards.
WEBSITE: refers to the infrastructure, accessible at https://limonx.io and https://limonx.io/shop developed by the PUBLISHER with computer formats usable on the internet for the CUSTOMER to consult these PRODUCTS.
The WEBSITE is free for any internet user to access.
Ordering any of the PRODUCTS on the WEBSITE implies that the CUSTOMER has accepted the pricing conditions on the day the order is accepted.
The CUSTOMER unreservedly accepts the present general terms of sale by ticking the box corresponding to the following sentence: ‘I have read and I accept the general terms of sale’.
2./ Description of the online purchasing process:
2.1.- PRODUCT Selection:
Before placing an order on the WEBSITE, the CUSTOMER must select the PRODUCTS by using the online search form.
As soon as the CUSTOMER has chosen the desired product, they must add it to the basket by selecting it then clicking on the ‘purchase order’ button.
To validate this page, the CUSTOMER must then tick the box accepting the present general terms of sale. By doing so, they acknowledge having downloaded and printed these terms.
The CUSTOMER will then be redirected to an identification page.
The CUSTOMER must fill out a form to sign up to the site or enter their account login details and password if they are already a member.
2.2.- Signing up to the WEBSITE:
2.2.1.- Creating a personal account:
Registration is neither necessary nor required to place an order.
However, the CUSTOMER may create an account should they wish to do so.
The CUSTOMER must fill in the site registration form as accurately as possible.
It will include personal identification information including full name, postal address, email and password.
Providing incorrect or false information which makes it impossible for DSB to deliver orders made by the CUSTOMER absolves them from any responsibility.
DSB guarantees that data provided by the CUSTOMER, particularly passwords, shall remain totally confidential.
The CUSTOMER is responsible for using their password.
If a CUSTOMER forgets their password, they must contact DSB as soon as possible to get a new one.
If a CUSTOMER forgets their password and requires a new one, they must click on the ‘forgotten password’ link and fill in the form to create a new password which will subsequently be sent by email.
2.3.- Finalising orders:
Gift cards value cannot exceed 250€ to fight against money laundering and the financing of terrorism (order no. 2009-104 of 30 January 2009 and its implementing legislation).
Once the CUSTOMER has reviewed the information about their future order, they can click on the designated button to definitively confirm their order.
The CUSTOMER should then choose their payment method in accordance with article 2.4. of the general terms.
All orders are made with the following crypto currencies: Bitcoin (BTC), Bitcoin Cash (BCC), Ethereum (ETH), Litecoin (LTC), Monero (XMR), Zcash (ZEC), Neo (NEO), Ripple (XRP), Lisk (LSK), Komodo (KMD), Xem (XEM), VerteCoin (VYC), DigiByte (DGB), LimonXcoin (LMXC available in 2020).
Payments are made by secure transaction provided by the providers.
Providing the address of the crypto currency wallet chosen by the CUSTOMER for payment and the final validation of the order serve as proof that the customer has agreed to pay the sums due for the order, has signed and expressly accepted all of the operations performed.
All communication, orders and payments between the customer and the seller can be proven by computerised records, stored in the seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and sustainable support which is considered a means of proof.
Once the payment has been validated by the relevant service provider, the CUSTOMER will be sent an email acknowledging receipt of the choice of payment and an invoice with a summary of the order details.
3./ The PUBLISHER’s acceptance of the order:
The order only becomes final once the payment has been validated and the documents required by the PUBLISHER have been received subject to the exceptions below.
The PUBLISHER is not attributable for any of the available, in-stock items on the WEBSITE, apart from in the event of a mistake or a computer malfunction.
However, given the time necessary between registering orders and payments, the CUSTOMER acknowledges and accepts that a PRODUCT may become unavailable during this period if stock runs out.
If a PRODUCT is ordered but actually unavailable, the PUBLISHER will contact the CUSTOMER to either offer them another PRODUCT or a full refund and the sale will be terminated without the CUSTOMER having to bear any additional fees.
Once the sale is concluded, the PUBLISHER commits to refunding the unavailable PRODUCT(S) within no longer than thirty days from when the CUSTOMER made the payment.
The PUBLISHER also reserves the right to refuse an order in case the CUSTOMER has not respected these obligations.
4./ Retention of title:
SOLD PRODUCTS REMAIN THE PROPERTY OF THE SELLER UNTIL THE FULL PAYMENT HAS BEEN RECEIVED.
AS SUCH, THE CUSTOMER COMMITS TO NOT TRANSFORMING, INCORPORATING, SELLING OR PAWNING SAID PRODUCTS UNTIL THE FULL PRICE HAS BEEN PAID OR ELSE THE PUBLISHER CAN IMMEDIATELY RECLAIM THE PRODUCT.
Once the customer’s purchase and payment has been validated, the seller will send the customer a confirmation of receipt of the purchase order and a copy of the contract to print to the email address provided. The full amount of the payment must be made when ordering.
The seller is obliged to send an invoice to the customer upon delivery.
5.1.- Delivery address:
The CUSTOMER commits to providing the PUBLISHER with a valid email address. The PUBLISHER cannot be held responsible under any circumstances for the failure of a delivery if the email address provided by the CUSTOMER is wrong or mistaken.
5.2.- Delivery time:
Orders are delivered within a maximum period of 48 working hours after the full amount of the price corresponding to the amount owed has been received.
5.3.- Late deliveries:
The CUSTOMER may cancel the sale if a late delivery goes over the delivery deadline and is not due to force majeure. This cancellation is only possible in the thirty days after the PUBLISHER receives a letter of formal notice requiring them to make the delivery.
If the sale is cancelled, the PUBLISHER commits to reimbursing the CUSTOMER the full amount paid as soon as possible and, at the latest within fourteen days after receiving an email with acknowledgment of receipt.
6./ Non-compliance and hidden defects:
The PUBLISHER commits to delivering a product conforming to the contract and is liable for any lack of conformity of the existing PRODUCT upon delivery under the conditions of Articles L.217-4 et seq. of the Consumer Code as well as hidden defects in the conditions provided for in articles 1641 et seq. of the Civil Code.
The CUSTOMER has a period of two years from delivery of the property to act.
They can choose between having their purchase repaired or replaced (where possible) and is subject to the cost conditions envisaged by Article L.217-9 of the Consumer Code.
The CUSTOMER is not required to provide proof of the lack of conformity of the purchase in the twenty-four months following delivery.
This legal conformity guarantee applies regardless of any commercial guarantee or insurance that may be concluded.
The CUSTOMER may decide to implement the guarantee for hidden defects of the sold item according to Article 1641 of the Civil Code and, in this case, the CUSTOMER may choose between cancelling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
If the order is delivered damaged or in a bad condition, the CUSTOMER must inform the PUBLISHER as soon as possible.
Once the order is received, the CUSTOMER will also check its conformity and refuse any package which has been opened, torn, and/repacked by the carrier.
Any issue with the delivery must strictly be notified to the CUSTOMER service within eight days of receiving the order.
Any claim made after this deadline will be rejected and DSB will not be held liable.
7./ Right of withdrawal:
The CUSTOMER has a withdrawal period of thirty clear days unless expressly stated.
The withdrawal period starts from the day the order is received.
The CUSTOMER can contact DSB by sending an email to the following address: email@example.com
Orders must be returned in a new condition and fit for resale.
If the above conditions are met, DSB will refund the CUSTOMER within seventy-two business hours from the date the product is received.
The CUSTOMER must send back the order by any means which shows proof of return.
Prices on the WEBSITE are given in euros, both excluding taxes and including all taxes.
Prices are set by the PUBLISHER and may be modified over time.
PRODUCTS will be invoiced at the rates in effect when the order is finalised.
The CUSTOMER will be informed of service fees before any payment.
9./ Guarantees and liability:
9.1.- Product information:
For every PRODUCT sold on the WEBSITE, DSB commits to providing all information about the products’ key features based on the extent of the information provided by the suppliers.
Photographs and PRODUCT descriptions are non-contractual and DSB will not be held responsible in any way for errors which may occur.
In particular, the pictures and colours of the items displayed on the site may not be exactly true to their actual colours depending on the effect of the internet browser used or the resolution of the CUSTOMER’S screen.
9.2.- Legal guarantee:
The benefit of the legal guarantee is stipulated in Article 6 of the present general terms of sale.
The liability of DSB is limited to the amount of the CUSTOMER’S order.
DSB cannot be held responsible for any material, immaterial or bodily damage caused by the malfunction or misuse of an article purchased on the site.
It is the CUSTOMER’S responsibility to check with local authorities about specifications of taxes, declarations, prohibitions, imports or uses of the items ordered.
DSB cannot be held liable for failure to comply with the laws and regulations of the country where the items will be delivered.
10./ Intellectual property:
The entire site is protected by copyright, trademarks and patents for visual or sound elements, including any technology used to create the site.
All of this is the exclusive property of DSB.
Anyone who has a personal website and wishes to put a link directing users to the home page of the site on his own site must imperatively ask DSB for permission.
However, any hypertext links which direct users to the site and use framing or inline linking techniques is strictly prohibited.
In any case, any link, even if tacitly authorised, must be withdrawn at the request of DSB.
11./ Force majeure:
DSB will not be held liable for not performing its obligations partially or totally under this contract if prevented from doing so by an event constituting force majeure, especially if there is a disruption or total or partial strike of postal services, transportation and/or communication, flooding or fire.
Events meeting the criteria fixed by the jurisprudence of the Supreme Court of Appeal (Cour de Cassation) will be regarded as force majeure.
In the event of an event of force majeure, DSB will inform the CUSTOMER within five working days that this event has happened or is a threat.
If the period of disruption lasts longer than fifteen days due to force majeure, DSB will be exempt from having to refund the CUSTOMER.
12./ Applicable Law and Jurisdiction:
The present general terms of sale are subject to French law, excluding any other applicable international convention including the VIENNA Convention on the International Sale of Goods of 11 April 1980.
Any legal action relating to the conclusion, interpretation, execution or assignment of the present contract will fall under the jurisdiction of the court of the defendant’s residence or, should the plaintiff so choose, the jurisdiction where the PRODUCT was delivered according to Articles 42 and 46 of the Code of Civil Procedure.
In the event of litigation within the framework of the execution of these general terms of sale and, before any legal action, the CUSTOMER will be able to settle the dispute out of court.
Last modification of this GTS: 11 January 2019
SITE TERMS AND CONDITIONS OF USE AND SALE
ARTICLE 1. LEGAL INFORMATION
Under Article 6 of Law No. 2004-575 of 21 June 2004 pertaining to confidence in the digital economy, this article stipulates the identity of the various parties involved in its implementation and monitoring.
The limonx.io website has been published by:
SAS VAKA, registered office: 546 Pôle Tech, Agroparc – 84140 Avignon, and registered at the RCS Avignon B 825 078 512.
Telephone: 06 42 35 56 29/email address: firstname.lastname@example.org.
The site’s director of publication is:
Mr Guillaume DIEUDONNE.
limonx.io is hosted by:
OVH, head office: 2 rue Kellermann – 59100 Roubaix – France
ARTICLE 2. SITE PRESENTATION
The purpose of limonx.io is:
The sale of electronic gift cards to be used on e-commerce sites.
ARTICLE 3. CONTACT
For all questions and enquiries about the site or any report of illegal content or activities, users may contact the publisher at the following email address: email@example.com or send a registered letter with acknowledgment of receipt to:
SAS VAKA – 546 Tech Center, Agroparc – 84140 Avignon
ARTICLE 4. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Accessing and using the site is subject to accepting and complying with the present terms and conditions of use.
The publisher reserves the right to modify the site, its services and the present TCU without notice at any time, particularly regarding site updates, adding new features or deleting and modifying existing ones.
Before browsing the site, users are recommended to consult the latest version of the terms which are available online at any time. Users who disagree with the TCU are not permitted to use the site.
ARTICLE 5. ACCESS AND BROWSING
The publisher has implemented all available technical solutions to enable users to access the site 24 hours a day, 7 days a week. However, the publisher may suspend, limit or interrupt access to the site or certain web pages at any time for updates, to change content or perform any other action deemed necessary for the site to function correctly.
Users who connect to and browse limonx.io accept these terms and conditions of use unreservedly, regardless of what technical means are used to access the site.
Where appropriate, the present TCU apply to any adaption or extension of the site on existing or future social and/or community networks.
ARTICLE 6. WEBSITE MANAGEMENT
To ensure the site is properly managed, the publisher can at any time:
ARTICLE 7. RESPONSIBILITIES
The publisher is only responsible for content he has published himself.
The publisher is not responsible for:
In addition, the site cannot guarantee that any of the information it has published is accurate, complete or up to date.
Users are responsible for:
ARTICLE 8. HYPERTEXT LINKS
The site may contain hypertext links that redirect to other websites which limonx.io has no control over. The publisher will check these hyperlinks regularly but declines responsibility for any content which may be found on these sites.
The publisher authorises hypertext links redirecting to any page or document on his site provided that these links are not used for commercial or advertising purposes.
The site publisher must be informed before any hypertext link is created.
Sites that contain unlawful, violent, polemical, pornographic or xenophobic information, or content which the majority of people would find offensive are excluded from this authorisation.
Lastly, limonx.io reserves the right to delete hypertext links to its site at any time, if it deems that they do not conform to its publishing policy.
ARTICLE 9. DATA COLLECTION
The site is exempt from declaring to the National Commission for Information Technology and Civil Liberties (CNIL) insofar as it does not collect any user data apart from names and email addresses to send buyers gift cards directly.
ARTICLE 10. COOKIES
The site may use ‘cookies’ to process traffic statistics and information, make navigation easier and improve the service for users, who are able to stop their cookies from being collected by configuring their internet browser.
ARTICLE 11. INTELLECTUAL PROPERTY
The site’s layout, texts, graphics, images, photographs, sounds, videos and computer applications are the publisher’s property and, as such, are protected by applicable intellectual property laws.
Any representation, reproduction, adaptation or partial or total use of the content, trademarks and services offered by the site, by any means whatsoever, is strictly prohibited without the express prior written permission of the publisher and could constitute an infringement according to articles L. 335-2 et seq. of the Intellectual Property Code, apart from information specifically indicated on the site as royalty-free.
Accessing the site does not give users any rights and, in general, does not confer any intellectual property rights of any information on the site which remains the publisher’s exclusive property.
Users are prohibited from entering any data on the site that modifies or is likely to modify its content or appearance.
Enjoy browsing limonx.io!