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the General Conditions of Sale

MYDESIGN.COM WEBSITE TERMS AND CONDITIONS OF USE

Welcome to our website. These terms and conditions constitute a legal agreement between the buyer and MyDESIGN. By using the website, you agree with its Terms and Conditions of use. If you do not agree, please do not use this website.

Ownership of the website and its contents/span>
MyDESIGN owns and operates this website. All content published on this website, including but not exclusively texts, graphics, pictures, animated pictures, sounds, illustrations and software (hereafter named ""the Content"" belongs to MyDESIGN, it's licensers and third party image providers.

All the elements of MyDESIGN website, including, but not limited to the general conception and the Content are protected by international patents, copyrights, authoring rights, trademarks and other laws relative to intellectual property protection. No part or element of this site or the Content may be reproduced, copied, or transmitted by any possible means without the express consent or other agreement concluded with MyDESIGN. All rights relative to this website remain the exclusive property of MyDESIGN. You are liable to financial compensation to MyDESIGN for any cost, damage, loss or expenses caused by the non-respect of the present contract or unauthorised use of the website and the Content.

Use of the site
This site and the Content are destined for MyDESIGN customers. You are not authorised to use this website or its Content for any purpose other than commercial activity with MyDESIGN. Any unauthorised use of the site, its Content or features may result in the immediate removal of user account, password or any authorisation granted by MyDESIGN for the use of its website.


Article 1 : Application Field and modification of General Conditions of Sale
The present General Conditions of Sale are applicable to all orders placed through www.mydesign.com website. MyDESIGN.com reserves the right to adapt or change at any time the present General Conditions of Sale. In case of modification of the General Conditions of Sale, every order will be ruled under the applicable General Conditions of Sale of the day the order was placed.


Article 2 : Product availability
Our products and prices are valid as long as they are shown on the website, within available quantities.

Upon receipt of your order, we perform an availability check of the product(s) ordered. In the case of non availability, we will refund your purchase by cheque within 30 days.

In order to ensure efficient processing of your request, we kindly ask you to provide us with your order number and complete address details.

Date of order validation corresponds to: The date of order if the payment was made online by credit card

In the event of a modification of the initial delivery date, the customer may cancel the order, fully or partially, by simply sending a request to our customer service department

Packing / Samples:
For special promotional operations with our partners, along with your order you may receive for no charge some product samples and advertising messages. Only one sample per person and per order is dispatched. It may occur that free samples are missing from your parcel, although they were announced on your shipment list. Order are processed manually and omissions may happen. Our customer service will not deal with claims regarding that matter.


Article 3 : Order validation and digital signature (13th March 2000 Bill on digital signature)
Any order signed by ""double-click"" by the customer constitutes an irrevocable acceptance which may only be challenged within the limits edicted in the present General Conditions of Sale.

The ""double-click"" along with the authentication procedure and protection of messages integrity constitutes a digital signature. The digital signature has the same value between parties as a manuscript signature would.

Resiliation
MyDESIGN reserves the right to not register a payment and therefore the right to not confirm an order for any reason and specifically for any procurement issue or foreseeable delivery problem at the time of the order. The customer will be informed by any means available within 3 days of the date of order. The non execution or partial execution of an order will give no right for compensation.

Withdrawal
In accordance with art. 121-20-2 of the Code de la Consommation, the Right of Withdrawal cannot be exerced for contracts regarding supply of goods made according to the consumer's specifications or clearly personalised. The customer purchasing a personalised portrait from MyDESIGN may therefore not claim any Right of Withdrawal


Article 4 : Prices
MyDESIGN reserves the right to modify prices at any time but commits to applying the price that was indicated to you at the time of your order.

In the MyTAYLOR-MADE area, the prices vary according to the graphical processing required.
In such case, you will receive a quote describing the product, the selected visual as well as your specific request.


Article 5 : Terms of Payment and Data Security
Terms of Payment
You can pay by:
Credit Card:
The payment is processed on the secure server of our partner banking company.
For orders over 500, you can choose a payment in 3 instalments for no extra cost.
Your order will be validated and the first instalment debited from your bank account on the day of your order.
The 2 remaining instalments will take place:
- for orders placed between the 1st and 20th of the month, on the 2nd day of the two following months.
- for orders placed between the 21st and last day of the month, on the 15th day of the two following months.


Security
Your credit card data is encrypted using SSL protocol (SECURE SOCKET LAYER) and is never sent unencrypted. The payment is processed directly by the bank. MyDESIGN.com has no access to this data and does not store it on its servers. This is why we will ask you to provide that information for every transaction on our site.

Ownership of the goods
Ownership of the goods shall not pass to you until MyDESIGN.com has received in full (in cash or cleared funds) all sums due to it in respect of the goods and all other sums which are or which become due to MyDESIGN.com from you on any account. The goods are at your risk from the time of delivery.

Dishonour
MyDESIGN.com reserves the right to refuse delivering or honouring an order coming from a customer whom a previous order would not have been paid in full or partially or a customer with who a payment dispute is being processed.

Anti-Fraud protection
MyDesign.com controls all the orders validated on its website. Those controls aim to protect MyDesign.com from any fraud. As part of these control procedures, our customer service may have to ask you to provide all documents necessary to release your order: proof of domiciliation, banking details, name, etc...
Those requests will be sent to you by e-mail.

The data provided on the order form is automatically processed. This automated processing aims to define an analysis level of the transaction and to prevent credit card fraud.
The non-transmission of the data from your order form prevents the processing and analysis of your transaction.
An anomaly may give grounds for a specific processing.


Article 6 : Delivery
Delivery terms

Products are delivered at the delivery address you provided with your order.
For tracking purposes, we cannot deliver orders in military bases or any other military premises.

Shipping and handling charges vary with the type of product and its place of delivery.

Delivery times
All shipping and delivery times are expressed in business days. Delivery times announced are average times and correspond to the time required for processing, preparing and shipping your order (Ex-Works). The delivery time required by the carrier must be added to our delivery time.

Non-respect of the delivery time does not give grounds to an order cancellation unless the order has not been dispatched from our premises and presents no personalisation.

Lead time
The ordered product is delivered through the post system or by an independent carrier, depending on the type of product ordered and based on MyDesign.com choice of preferred method. The order is delivered to the address given on the order form. Announced Lead times are Ex-Works. The choice of delivery method is based on the weight, volume and value of the products.

From parcel to delivery
Upon delivery, you must ensure that the goods delivered are conform to your order before signing the delivery slip.

Any anomaly in delivery (damaged product, etc..) must be specified on the delivery slip in manuscript writing with your signature. This order conformity check is considered done as soon as the buyer or any other person authorised by the buyer signs the delivery slip.

You must also confirm those anomalies by registered mail to the carrier within 3 business days after delivery of the goods and send a copy of that letter to:
MyDesign.com / SGPN
Parc Cadera Sud ; Bat A
Avenue Ariane
33700 Merignac
France

If the goods require a return, you must place a return request with our Customer Service: within 7 days after delivery for a withdrawal, within 15 days for defectuosity or non-conformity after the date of your claim and upon verification of the defectuosity. Any claim made past this delay will be rejected. Returns will only be accepted for goods in their original state (Packaging, accessories, notice).

If upon delivery the packaging is damaged, torn, opened, you must check the state of the goods. If the goods are damaged you must refuse the parcel and write a reserve on the delivery slip (Parcel refused for being opened or damaged).

In the event of a damaged good, you must return the damaged good to us, even if the good was delivered in irreversibly damaged condition. Upon delivery of the good and after noting of the damage, we will give you the choice of replacing the product, getting a refund or a gift certificate. You must not dispose of the damaged goods.


Article 7 : Responsibilities
Use of the site
The website and its content are provided on an ""as is"" and ""as available"" basis, and your use of the website is subject to the following disclaimers and notices: We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control. (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium). Expenses engaged in case of use of services, repairs or corrections caused by the use of this website are your sole responsibility and not the responsibility of mydesign.com.

Any links on the website are provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website.We are not responsible for the content of any websites that are linked to or from our website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites. MyDesign will not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.

Products
MyDesign.com will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods. For corporate purchases, MyDesign will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control. The choice and purchase of a product or service are the sole responsibility of the customer. Partial or total inability to use the products, especially for material incompatibility will not lead to any compensation or refund nor will it engage mydesign.com responsibility, except in the case of a proven hidden defect, non-conformity, or use of your right of withdrawal.

7.3 Personalisation
The term ""visual"" includes all pictures, illustrations and patterns. MyDesign will not be held responsible for eventual differences in colour, framing or sharpness between the visuals (products and pictures, text) displayed on www.mydesign.com website and those once printed on the medium chosen by the customer. Mydesign.com will reject any claim regarding that matter. MyDesign cannot be liable for the quality of the visual uploaded or mailed by the customer. Sending of such visuals is the sole responsibility of the customer.

In the event of sending of such visuals (printed pictures, ektachromes, slides) by mail (courier, express, standard mail), the customer will bear the cost of shipping the visuals to mydesign.com. Mydesign can not be liable for any damage that may occur to those visuals. Mydesign reserves the right to reject any visual of pornographic, paedophile, racist or anti-Semitic nature.

We do our best to ensure that the information on the website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of or put on it. The visuals of people and places published on this website are the sole property of Mydesign or third parties, or are used with permission. The use of those visuals by yourself or any other person authorised by you is strictly forbidden. Any unauthorised use of those visuals may constitute an infringement on copyright laws, trademark laws and laws relative to confidentiality and data protection as well as legislation on communications.


Article 8 : Address of the Company
MyDesign.com Headquarters
Please do not mail this address for any Customer Service requests.
MyDesign - 33067 Bordeaux CEDEX
RCS Bordeaux 484 217 575


Contact MyDesign.com customer service
Online Customer Service
On the homepage, click on the Customer Service banner or e-mail to: http://www.mydesign.com/contact.html . By mail:
MyDesign.com / SGPN
Parc Cadera Sud ; Bat A
A
Avenue Ariane
33700 Merignac
France

Note: In order to deal efficiently with your requests, please mention the object of your request in the title bar:
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Please also provide us with your first name, family name, e-mail address and order number.
By Phone: 0033 5 56 18 04 91
(international charges apply)
Monday to Friday: 9h-18h

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