Conditions Générales de ventes

Terms & conditions

General terms and conditions of online products to individual consumers

These general terms and conditions of sale apply to all sales concluded on the QR Post website.

The website www.qrpost.works is a service of :

PCRM.inc

located at 6828 avenue Christophe Colomb, Montréal, H2S 2H2, Québec

site URL: www.qrpost.works

e-mail: info@qrpost.works

telephone numbers: +1 (438) 350 2740 for North America / +33 (0) 671 485 736 for France.

The QR Post website sells the following products: Key rings, luggage tags and stickers.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing an order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1

Principles

The present terms and conditions express the entirety of the obligations of the parties. The purchaser is therefore deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

They are available on the QR Post website and shall prevail, where applicable, over any other version or any other contradictory document.

Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale should be lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

The present terms and conditions are valid until December 31, 2024.

Article 2

Content

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the QR Post website.

These conditions only apply to purchases made on the QR Post website and delivered exclusively in Quebec, Canada and the United States, as well as in mainland France or Corsica via PCRM.sas, a company based in France. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: info@qrpost.works.

These purchases concern the following products: Key rings, luggage tags and stickers.

Article 3

Pre-contractual information

The purchaser acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in the Consumer Protection Act (Quebec) or in article L. 221-5 of the Consumer Code (France).

The following information is provided to the purchaser in a clear and comprehensible manner:

the essential characteristics of the good ;
the price of the goods and/or how the price is calculated;
where applicable, any additional transport, delivery or postage charges, and any other charges payable;
in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of price;
information relating to the seller's identity, postal, telephone and electronic contact details, and business activities, legal guarantees, digital content functionalities and, where applicable, interoperability, the existence and implementation of guarantees and other contractual conditions.

Article 4

The order

The purchaser may place an order online, from the online catalog and using the form provided therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept the present terms and conditions by clicking on the appropriate link. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final:

after the seller has sent the buyer confirmation of acceptance of the order by e-mail ;
and after receipt by the seller of the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may call the following telephone number: 438 350 2740 for North America or 0671485736 for France. (cost of a local call), on the following days and times: Monday to Friday, 9am to 12pm, or send an e-mail to the seller at the following address: info@qrpost.works.

Article 5

Signature électronique

The on-line provision of the purchaser's credit card number and the final validation of the order shall constitute proof of the purchaser's agreement:

- Payability of sums due under the purchase order;

- signature and express acceptance of all operations carried out.

In the event of fraudulent use of a bank card, the purchaser is invited to contact the seller as soon as this is discovered, at the following telephone numbers: 438 350 2740 for North America or 0671485736 for France.

Article 6

Order confirmation

The seller provides the buyer with an order confirmation by e-mail.

Article 7

Proof of transaction

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8

Product information

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.

Product photographs are not contractual.

Article 9

Prices

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

Prices are indicated in CAD Dollars for Canada and in US Dollars for the United States. They are indicated in Euros for the European zone. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices are indicated exclusive of taxes for the North American zone and include VAT applicable on the day of the order for France. Any change in the applicable VAT rate will automatically be reflected in the price of products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.

Article 10

Method of payment

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

To pay for the order, the purchaser may choose from among the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

Payment must be made in full on the day the order is placed, in accordance with the following terms and conditions:

Credit card or Paypal for North America
Credit card for France

Article 11

Product availability - Refund - Resolution

Except in cases of force majeure or when the online store is closed, which will be clearly announced on the site's home page, shipping times will be as indicated below, subject to stock availability. Shipment times run from the order registration date indicated on the order confirmation e-mail.

For deliveries, the lead time is 5 to 7 days from the day following that on which the buyer placed the order, according to the following methods: Mail. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to French overseas departments and territories or other countries, delivery terms will be specified to the purchaser on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or delivery period, the purchaser shall, before breaking the contract, request the seller to perform the contract within a reasonable additional period.

Should the seller fail to meet this deadline, the buyer is free to terminate the contract.

The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.

The contract shall be deemed to have been terminated on receipt by the seller of the letter or written document informing him of such termination, unless the professional has performed in the meantime.

The purchaser may, however, terminate the contract immediately if the above dates or deadlines constitute an essential condition of the contract.

In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.

In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

Article 12

Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.

Products are delivered to the address indicated by the purchaser on the order form; the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the purchaser is absent on the day of delivery, the delivery man will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.

This verification is considered to have been carried out once the purchaser, or a person authorized by the purchaser, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s), and send a copy of this letter by fax or post to the seller at the address given in the site's legal notice.

If products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13

Delivery errors

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option:

by telephone: +1 (438) 350 2740 for North America / +33 (0) 671 485 736 for France;
by e-mail at the following address: info@qrpost.works.

Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered mail, to the following address:

For orders placed in North America, PCRM.inc, 6828 avenue Christophe Colomb, Montréal, H2S 2H2, Québec.

For orders placed in France and Europe, PCRM, 18 rue de paris, 51120 Sezanne.

Return shipping costs are the responsibility of the seller.

Article 14

Product warranty

14-1 Legal warranty of conformity

The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in the Consumer Protection Act in Quebec or in articles L. 217-3 et seq. of the French Consumer Code.

In the event of implementation of the legal warranty of conformity, please note that :

the purchaser has a period of 2 years from delivery of the goods to take action;
the buyer may choose between repair or replacement, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code;
the buyer does not have to prove the non-conformity of the good during the 24 months (12 months for second-hand goods) following delivery of the good.

14-2 Legal warranty against hidden defects

In accordance with the Consumer Protection Act in Quebec and Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects in the goods sold. It is up to the buyer to prove that the defects existed at the time of sale and are such as to render the good unfit for its intended use. This warranty must be invoked within two years of discovery of the defect.

The buyer may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.

Article 15

Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his/her order to return any item which does not suit him/her and request an exchange or reimbursement without penalty, with the exception of return costs which remain the responsibility of the purchaser.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.

Return shipping costs are at the buyer's expense.

The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions according to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :

the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
the supply of goods made to the consumer's specifications or clearly personalized;
the supply of goods which are likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

Article 16

Force majeure

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions are considered as grounds for exoneration from the parties' obligations and result in their suspension.

The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure" means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.

Article 17

Intellectual property

The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

Article 18

Data protection

The nominative data supplied by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

It may be communicated to the seller's partners responsible for executing, processing, managing and paying for orders.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the QR Post website.

Article 19

Partial non-validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 20

Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21

Title

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

Article 22

Language of the contract

These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.

Article 23

Mediation and settlement of disputes

The buyer may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and e-mail address are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 24

Applicable law

These terms and conditions are governed by French law. The competent court is the court of law.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

Article 25

Protection of personal data

Collected data

The personal data collected on this site are as follows:

account opening: when a user's account is created, the user's surname, first name, e-mail address, telephone number and postal address are recorded;
connection: when the user connects to the website, his/her name, first name, connection data, usage data, location data and payment data are recorded;
profile: use of the services provided on the website enables the user to create a profile, which may include an address and telephone number;
payment: when paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
cookies: cookies are used in connection with the use of the site. Users can deactivate cookies using their browser settings.

Use of personal data

Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes:

access and use of the website by the user ;
management of the operation and optimization of the website;
organization of the conditions of use of payment services;
verification, identification and authentication of data transmitted by the user;
offer the user the possibility of communicating with other website users;
providing user assistance;
personalization of services by displaying advertisements according to the user's browsing history and preferences;
prevention and detection of fraud, malware (malicious software) and management of security incidents;
management of any disputes with users;
sending commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

when the user uses payment services, for the implementation of these services, the web site is in contact with third-party banking and financial companies with which it has entered into contracts;
when the user publishes information accessible to the public in the free comment areas of the website;
when the user authorizes a third-party website to access his/her data;
when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purposes of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
if required by law, the website may transmit data in order to respond to claims made against the website and to comply with administrative and legal proceedings;
if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the Internet.

Implementing user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: info@qrpost.works.

right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD.
the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
the right to portability: they may request that the website hand over the personal data provided to it for transmission to a new website.

Evolution of this clause

The website reserves the right to modify this privacy policy at any time. If a modification is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account.

Appendix:

Withdrawal form

(to be completed by the consumer, and to be sent by registered letter with acknowledgement of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)

Cancellation form

For North America

To the attention of :