Terms & Conditions

Last updated on November, 2020

 

  1. Purpose

This website, https://captaintext.com, is published by ToWebOrNotToWeb, a French société par actions simplifiée with capital of €10 000, registered under the business number: 792 671 653 R.C.S. Paris, Intra-Community VAT FR25792671653, with its registered office located at 52, rue Mouffetard, 75005 Paris, France, for the purposes of selling personalized and standard text decoration items (hereinafter and on https://captaintext.com the “Company”).

These terms and conditions (hereinafter and on https://captaintext.com “Terms & Conditions”) govern the relations between the Company and all persons visiting or completing a legal transaction on https://captaintext.com for either personal or professional reasons, (hereinafter and on https://captaintext.com “Client” or “Clients”).

The validation of a purchase order by the Clients via their click on the “Payment” tab generates the unconditional acceptance of all these Terms & Conditions. For this purpose, the Clients confirm acceptance of all these Terms & Conditions by ticking the box “I fully accept CaptainText’s Terms & Conditions” on https://captaintext.com before validating their purchase order.

These Terms & Conditions prevail over all other terms and conditions in any other document unless otherwise agreed in writing. They apply without restriction or limits to all online sales and other commercial or promotional activities on https://captaintext.com (hereinafter and on https://captaintext.com the “Website”).

The Company reserves the right to modify these Terms & Conditions at any time. Clients should carefully read the Terms & Conditions on the Website for each new order to ensure they have the most updated version.

The Company’s Website is for adults with the legal capacity to contract. In the case of Clients without the capacity to contract, they must have obtained the authorization of a guardian or legal representative.

Clients buying for professional reasons must have the power to contract and engage the legal entity they represent.

 

  1. Products

The products offered for sale by the Company on the Website are presented in English, French, German, Italian, and Spanish. These products are text wall stickers, neon lights, and other items used for decoration purposes made with letters and words (hereinafter and on https://captaintext.com the “Product” or “Products”). Products can be standard (hereinafter and on https://captaintext.com “Standard Product” or “Standard Products”) or customized, made by the Clients using the Company’s online sticker creation tool or uploading their personal digital document on the Website and confirmed by the Clients to the Company in their purchase order validation (hereinafter and on https://captaintext.com “Customized Product” or “Customized Products”).

Standard Products are available for sale permanently while Customized Products are produced individually and are only available to the Client having purchased one.

The Company reserves the right to add, change, or remove Products offered for sale at any time and without notice. The Products marketed by the Company are offered within the limits of its available stock.

The illustrations presented on the Website aim to present the Products offered for sale by the Company. These illustrations might differ from the real Products due to the technical characteristics of the Internet and to the resolution or colours of the Clients’ screen.

Products are manufactured by several suppliers. If an ordered Product is unavailable due to interruptions or delays in production of its suppliers, the Company will offer Clients a substitution with a similar Product or a refund. The Client then has 48 hours to confirm the substitution; otherwise, the order will be cancelled and refunded.

 

  1. Purchase orders

When Clients validate a purchase on the Website by clicking on the last confirmation button, they irrevocably accept these Terms & Conditions.

Any quote sent by the Company to a Client and returned by the same Client to the Company with his written agreement is also a confirmed purchase order through which the Client irrevocably accepts these Terms & Conditions.

To complete a purchase order, Clients must validate their basket, which is the list of the Products selected by Clients on the Website for their purchase. To validate the basket a Client must:

  1. Select the Standard Product or create the Customized Product he wants to buy from the specific page on the Website, choose the quantity, the colour, and the dimensions, then click on “Add to basket”.
  2. At this point, the Client can either continue adding other Standard or Customized Products to his basket for purchasing, following the same operation or proceed to checkout for finalizing his payment.
  3. The Client can access the summary of his basket at any time by clicking on the basket symbol. On the basket page, the Client can modify the quantities, the sizes, the colours, etc. and also check the available payment systems, the delivery conditions, and the Terms & Conditions.
  4. The Client creates an account or logs in to his account if he has created one beforehand. In his account, the Client must fill out and save the data needed to process his purchase order, such as the delivery and billing addresses, the delivery method and the related cost, the preferences for the gift options and other promotions, and the payment system.
  5. Before proceeding to the payment, the Client must read and accept these Terms & Conditions by ticking the box provided for this purpose.
  6. After accepting the Terms & Conditions, the Client can still check and change the Products in his basket. Once the Client is happy with his basket, he can validate his purchase order by clicking on “Validate your basket” and ”Proceed to the payment”. All validation of a purchase order requires a payment.
  7. The Client makes the online payment by using the system he has previously chosen and by entering the payment information needed for this purpose. This step implies that the Client fully accepts all these Terms & Conditions and is proof of the date and time of the purchase order.

All Clients that validate a purchase order payment on the Website will receive a confirmation email as soon as their bank has authorized the payment to the Company. With this confirmation email, the Clients will receive the summary of their purchase order, these Terms & Conditions, and the expected delivery time.

A Client’s order is not considered confirmed by the Company until the payment is fully received. If the Client’s bank refuses to make the payment to the Company, the Client will be immediately informed and asked to change his payment method. In this case, the Company will put the purchase order on stand-by and will wait for receiving the full payment before processing it.

The Company keeps purchase orders pending for payment for seven calendar days. After this period, the order will be cancelled.

Clients must provide full, complete, unrestricted, and correct information when they create their account, when they log in to their account, and when they confirm a purchase order. Clients must check that the information they provide is always complete and correct.

Clients must agree to receive emails from the Company concerning the confirmation of their purchase orders, the delivery of the Products, and other related communications. If information provided when the purchase order is made subsequently changes, Clients must immediately update their account on the Website and inform the Company if a purchase order is under processing.

If a Client provides false or incomplete information, or if his payment is not valid, or if his account presents other irregularities, the Company will not process the purchase order and has the right to cancel it.

The data saved by the Company’s information system are proof of all transactions between the Company and Clients. A copy of these data can be obtained by contacting info@captaintext.com.

 

  1. Prices

All Products’ prices are available in the specific Product’s web pages on the Website and are expressed in Euro. For Standard Products, the final prices are visible by selecting the size. For Customized Products, the final prices are confirmed individually based on the Clients’ technical requirements.

The transportation cost for the delivery of Products is never included in the prices indicated on the Website. All Products’ prices are inclusive of VAT.

The final total price indicated in the purchase order summary before the payment includes everything the Clients must pay: the price for the Product or Products, the shipping costs, and the taxes. If a Client must pay for additional services related to his customized purchase order, the Company will send him a separate specific bill summarizing all the details for his payment.

 

  1. Payments

Clients must pay the final total price of any Standard Product or Customized Product immediately upon validation of their purchase order on the Website.

For payments on the Website, Clients can choose among several secure systems:

  • By credit card: American Express, Visa, MasterCard, Maestro, Diners Club, JCB, Discover, Union Pay.
  • By PayPal.
  • By Google Pay.
  • By other local systems such iDeal, SOFORT, MyBank, GiroPay, etc.
  • Company has the right to add or change online payment systems at any time without prior notice to Clients.

Client warrants to the Company that he is authorized to use the payment method chosen to validate his purchase order.

When a payment is done by credit card, the Client must indicate the card number, the card owner name, the expiration date, and the three- or four-digit security code number indicated on the front or rear of the credit card.

When a payment is done by any other payment method, the Client must supply all the numbers and the required information that are needed to process the transaction on the Website.

The transactions made on the Website are secured by SSL (Secure Socket Layer). All payments are made exclusively on the bank platform: the Company cannot access the Clients’ bank details.

 

  1. Deliveries

Company delivers the Standard Products and the Customized Products to Clients within the delivery time indicated during the validation of the Clients’ purchase order.

All delivery times are calculated from receipt of payment in full for the purchase order on the Company’s bank account.

Before accepting the delivered package, Clients must check the outer packaging and verify that its content corresponds to their purchase order. Although the Company takes great care in preparing and shipping Clients’ purchase orders, some items might get lost or damaged during transportation. If that is the case, Clients must mention the issue on the carrier’s delivery document and contact the Company at info@captaintext.com immediately.

The transfer of risk of the Products takes place when the Client, or a third person designated by him, takes physical possession of the Products.

The Products delivered by the Company are new. If a Product is defective or non-conforming, the Company will provide an exchange or a refund, in accordance with the Terms & Conditions.

 

  1. Withdrawal Right

Clients have 14 calendar days to cancel the purchase order and return the Products they purchased on the Website without reasons. This period starts from the receipt of the Products by the Client or a third party designated by him. In case of multiple deliveries for the same purchase order, this 14-day period starts from the receipt of the last parcel by the Client or a third party designated by him.

Exercising the Withdrawal Right: if Clients want to exercise this Withdrawal Right, they must notify the Company by postal mail to CaptainText, 52 rue Mouffetard, 75005 Paris, France or by email to info@captaintext.com. To be effective, this notification must include the following information:

  • Purchase order number
  • Delivery date
  • Client’s name
  • Delivery and billing address
  • Date

Clients must then send the Products back to the Company within 14 days from the notification of their Withdrawal Right. The returned Products must be in their undamaged and unused condition. They must be returned to the Company in their original packaging with their notice. Returned Products that are damaged, or used, or incomplete, or dirty, or devaluated due to Clients’ mishandling or misusing for things other than those related to the Products’ nature are not accepted and are not reimbursed, or are only partially reimbursed according to the devaluation the Products have suffered.

Clients must send back Products to the following address:

CaptainText
52 rue Mouffetard
75005 Paris
France

The transportation cost for sending the Products back to the Company under this Withdrawal Right is at the Clients’ expense.

The Company will refund the amount received during the payment for the purchase order as soon as the Company receives the returned Products in good condition. The Company will make this refund through the same payment method that Clients used for the initial transaction.

Exclusion of the Withdrawal Right: in accordance with Article L. 121-20-2 of the French Consumer Code, this Withdrawal Right does not apply to Customized Products or to any Product that is manufactured differently, individually, or personalized by the Company following Clients’ instructions or Clients’ specifications. The Company cannot take back, refund, or exchange the Customized Products at the Client’s request.

This Withdrawal Right is only possible on the sole condition that Clients have not personalized Products when validating their purchase orders on the Website.

Also in accordance with the French Consumer Code, this Withdrawal Right does not apply to purchase orders made by professionals on the Website.

 

  1. Warranty

In accordance with the French Consumer Code and Civil Code, Clients have the legal warranties concerning the conformity and defects in the Products sold.

Clients can implement these warranties by contacting the Company at info@captaintext.com.

For the conformity warranty, Clients have two years from the delivery of the Products to enforce it by choosing between repair or replacement of the Product, after agreeing on the cost conditions as per Article L. 211-9 of the French Consumer Code. During this two-year period, Clients are exempt from proving the lack of conformity of Products.

This conformity warranty applies independently of any other commercial warranty granted to Clients.

For the warranty against hidden defects of Products sold, according to articles 1641 and 1644 of the French Civil Code, Clients can choose between the cancellation or a discount of the purchase order.

As indicated in the French Consumer Code concerning the legal warranty of conformity:

Article L. 217-4: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L. 217-5: The good is conforming:

1) If it is suitable for the use normally expected of a similar item and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer.

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller.

2) Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L. 217-12: The right of action resulting from lack of conformity lapses two years after delivery of the goods.

And as indicated in the French Civil Code concerning the legal warranty for hidden defects:

Article 1641: The seller is bound by the warranty for hidden defects in the item sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price if he had known them.

Article 1648 paragraph 1: The right of action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

The Company has taken all the insurance required for its activity and is duly insured with HISCOX SA whose registered office is 38 Avenue de l’Opéra, 75002 Paris, France telephone +33 (0) 153 218 282.

 

  1. Product installation

The Products are delivered ready for use and must be used in accordance with the indications provided with the Products and on the Website.

Clients are informed to carefully follow the specific installation instructions provided on the Website on the page https://captaintext.com/installation-and-tips/.

If Clients install Products without reading these instructions, Company cannot accept any claims from Clients for Products’ not performing properly.

Clients are responsible for checking that the Products received match the Products they bought on the Website, for the use they wanted. Clients are responsible for any Product’s damage or deterioration caused by the Clients’ misuse, or by the Clients’ failure to respect these instructions, or by the Clients’ noncompliance with the nature or purpose of the Product as specified by the Company.

In the case of Products purchased by a professional, the Company is not liable for any damage, operating loss, profit loss, or any other cost that might occur as a result of the non-respect of these conditions.

 

  1. Force majeure

The Company cannot be held responsible or considered to have failed its obligations for any delay in deliveries or for non-performance when the delay or the non-performance is due to force majeure, including and not limited to: bad weather, total or partial strikes, disruptions in transport, breakage or destruction of the Company’s machines or tools, war, political or economic issues, or any other event preventing or abnormally reducing the Company’s supplies and deliveries of Products.

In the event of force majeure, the Company will endeavour to satisfy the Client’s purchase order, but it might be delayed or cancelled without compensation.

 

  1. Entire agreement

These Terms & Conditions express all the obligations of the Company and the Clients.

Clients cannot add any other general or specific conditions into these Terms & Conditions except in accordance with a prior written agreement between the Clients and the Company.

If one of the clauses of these Terms & Conditions becomes null or unenforceable, for whatever reason, this nullity or unenforceability cannot make null or unenforceable any of the other clauses, which remain unaffected.

The fact that the Company or the Clients do not notify a breach of one of the clauses in these Terms & Conditions by the other party cannot be interpreted as a waiver of the concerned clause in the future.

 

  1. Jurisdiction, disputes, and governing law

These Terms & Conditions are governed by French law.

Clients with a complaint about a purchase on the Website made within the past 12 months, that was communicated to the Company, that is not concerned by any other appeal, and that is not solved, can proceed to the consumer mediation service for free.

Clients can use the European Commission Online Dispute Resolution platform on https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN.

In case the mediation service is unable to reach a solution for the dispute, Clients may apply to a competent court in Paris.

Dispute mediation is only for consumer Clients and does not concern professional Clients. Disputes with professional Clients are subject to the exclusive jurisdiction of the commercial court of Paris.

All disputes will be managed in French.

 

  1. Notifications

All complaints, technical questions, and any problem regarding Products can be notified to:

ToWebOrNotToWeb – CaptainText

52 rue Mouffetard, 75005 Paris, France

Tel. +33 (0) 953 34 96 32

info@captaintext.com

 

  1. Personal data

Only the personal data that are necessary for processing Clients’ purchase orders, including the delivery of Products and the dispatch of the corresponding invoice are collected on the Website.

The Clients’ personal data is collected on the Website when Clients create a personal account or a Client account, when they log into their customer area, when they fill out the contact form, when they subscribe to the Company’s newsletter, or when they want to use a promotional code. These collected personal data are managed by the Company’s computer system for:

  • Sending newsletters containing Company’s news.
  • Analyzing the Website statistics to improve its performance and the Clients’ user experience.
  • Executing transactions for Clients’ purchase orders, deliveries, invoices, discounts, refunds, warranties, returns, complaints, and the technical maintenance of their online accounts.
  • Managing Clients’ communications such as, but not limited to, satisfaction surveys, customer service, Product feedback, and their rights with regard to the processing of personal data.
  • Dealing with unpaid bills and disputes.

The personal data are saved by the Company’s Website hosting provider:

  • 1&1 IONOS SARL: 7, place de la Gare, BP 70109, 57200 Sarreguemines C, France

+33-9-70808911 – info@ionos.fr

  • IONOS cloud: Elgendorfer Str. 57, 56410 Montabaur, Allemagne

+49-30-57700850 – info@cloud.ionos.de

 

The Company holds Clients’ data for the time necessary to process the transactions for which the data were collected and in compliance with the General Data Protection Regulation.

According to the General Data Protection Regulation, Clients have the right to access, rectify, erase, limit the processing, as well as the right to portability. Clients can execute these rights at any time by contacting the controller at:

Silvia CARTER,
52 rue Mouffetard, 75005 Paris, France
Tel. +33 (0) 953 34 96 32
info@captaintext.com

Although the Company can process purchase orders and correctly complete other transactions on the Website only if Clients provide the necessary personal data, Clients can refuse to provide their personal data free of charge and without justification. In the case of one Client’s refusal, the Company will be unable to process his purchase order or any other Client’s requests.

Clients’ personal data are not used in marketing automation tools or for profiling.

In the event of a complaint regarding the processing of Clients’ personal data, Clients can contact their country competent supervisory authority.

Clients can find all the details about how the Company handles personal data on the Website in its Privacy Policy available in this link https://captaintext.com/privacy-policy/.

 

  1. Intellectual property

All the elements on the Website, including but not limited to information, data, photographs, brands, images, drawings, graphics, videos, as well as the online and printing technologies, are the exclusive property of the Company and are protected by copyright, trademark, or patent. People who want to use a link on their website directing to the Website must expressly request it to the Company by email to info@captaintext.com. In all cases, any unauthorized link must be immediately deleted at the Company’s request.

The Company has the right to use the graphic materials provided by Clients when purchasing on the Website for promotional purposes unless otherwise notified by the Clients before validating their purchase orders.