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TERMS AND CONDITIONS OF USE
Preamble
This website is operated by Saber Universe. On this site, the terms "we", "us" and "our" refer to the company that owns and operates this site. The company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this site.
By visiting this site and/or purchasing any of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions (Terms of Use, Terms of Sale), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms of Use and Terms of Sale apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors. If you do not agree, you should not access this website or use the services offered on it.
Any new features and tools that are added to this store in the future will also be subject to these Terms of Service and additional terms, conditions and policies. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use, including additional terms, conditions and policies by posting updates and/or changes on our website. It is your responsibility to check the pages regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms of Use and Terms of Sale, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms of Service will result in immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time for any reason.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources.
ARTICLE 4 - SERVICE AND PRICE CHANGES
Prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any portion or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS
Some products may be available exclusively online on our website. These products may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display the colors accurately.
We reserve the right, but are not obligated, to limit sales of our products to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any product offer made on this site is void where prohibited by law.
We do not warrant that the products, services, information, or other merchandise obtained or purchased by you will meet your expectations.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please consult our Terms and Conditions and our Refund Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of such optional third party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third-party vendor(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms of Use, these Terms of Sale, and all other terms, conditions, policies and notices set forth on this site.
ARTICLE 8 - THIRD PARTY LINKS
Some content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites with which we are not affiliated. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to the third party.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Service and any additional terms, conditions and policies.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.
ARTICLE 10 - PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Please feel free to review it as well.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
There may be times when information on our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date on the Service or any associated website should be taken as a basis for concluding that the information on the Service or any associated website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale and the Terms and Conditions of Use, as well as any additional terms, conditions, and other policies, you are prohibited from using the Site or any Content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate, or discriminate against any person; (f) to submit false or misleading information; (g) to transmit viruses or any other type of malicious code that will or may be used to impair the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others (i) to phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the Usage Rules.
ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
In no event shall Saber Universe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether in contract, tort (even negligence) strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 - TERMINATION
The Terms of Use no longer apply if you no longer wish to use our services or if you stop using our site.
If we determine, in our sole discretion, that you have been unable to comply with the terms and conditions of these Terms of Service, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owed up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).
ARTICLE 15 - CHANGES TO THE GENERAL CONDITIONS OF USE AND SALE
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
ARTICLE 16 - COORDINATES
Questions regarding the Terms of Use, the Terms of Sale, and additional terms, conditions and policies should be sent to us at contact@saber-universe.com
GENERAL TERMS AND CONDITIONS OF SALE
The present conditions of sale are concluded on the one hand by the Individual Company A.V.L.F (head office located at 111 H 1 chemin de Pont Vieux - 84340 Malaucène, France), registered with the Trade and Companies Register of Avignon, number RCS 894 758 473 and hereafter called "the salesman", managing the site https://saber-universe.com and, on the other hand, by any natural person or legal entity wishing to proceed to a purchase via the Internet site https://saber-universe.com hereafter called "the purchaser
ARTICLE 1 - SUBJECT
The present conditions of sale aim at defining the contractual relations between the salesman and the purchaser and the conditions applicable to any transaction carried out by the means of the Internet site https://saber-universe.com. The acquisition of at least one product through this site implies an acceptance without reserve by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site https://saber-universe.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under these general conditions of sale. Any omission or false declaration on these points would exonerate the salesman of any responsibility in the execution of the sale contract.
The seller retains the right to modify these terms and conditions of sale at any time, in order to comply with any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
ARTICLE 2 - PRODUCTS
The products offered are those that appear on the seller's website https://saber-universe.com, within the limits of available stocks. The seller reserves the right to modify at any time the range of products. Each product is presented on the website in the form of a description of its main technical characteristics. The photographs are as accurate as possible but do not commit the seller. The sale of products presented on the site https://saber-universe.com is intended for all buyers residing in countries that fully authorize the entry of these products into their territory. The products offered are in conformity with the European legislation in force. The responsibility of the salesman could not be committed in the event of nonrespect of the legislation of the country where the product is delivered (for example in the event of prohibition of a product). It is up to the buyer to check with the local authorities the possibilities of importing or using the products he/she plans to order. The buyer remains responsible for customs clearance, if necessary, and more particularly for the costs incurred by this.
ARTICLE 3 - ORDER AND PAYMENT TERMS
Before any order, the buyer has the possibility of creating a personal account on the site https://saber-universe.com. The account creation section is accessible directly from the top menu bar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile...), will have to identify himself using his information.
The confirmation of an order implies the acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to prevail itself of its own conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the purchaser has an e-mail address and if he/she has provided it on the order form, the seller will send him/her an e-mail confirming the registration of his/her order.
It is reminded that the fact of validating an order implies the obligation of the buyer to pay the price indicated. The payment of the purchases can be carried out according to the means of payment accepted by the salesman and indicated in the heading "Means of payment".
The security of the payment methods is carried out by our financial intermediary Stripe.
This one uses the standardized system of encoding called "the SSL protocol". When you are on the payment page, it is shown by :
If the buyer wishes to contact the Individual Company AVLF, he can do it at the following email address: contact@saber-universe.com, or through the contact form present on the site.
The data concerning the orders are archived for 10 years.
ARTICLE 4 - RETENTION OF TITLE
The Individual Company AVLF keeps the full and whole property of the sold products until the perfect collection of the price, in principal, expenses included.
ARTICLE 5 - WITHDRAWAL
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen days from the day after delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return, which remains the responsibility of the buyer.
In case of an order containing several products, the period of 14 days to communicate the decision of withdrawal runs from the receipt of the last product.
We remind you that when you take physical possession of the ordered products, the risks of loss or damage of the products are transferred to you.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing a new marketing in new condition. In case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the buyer may be incurred.
In the case of a refund request following a retraction, the refund date may be deferred until the product is recovered or until the buyer can provide proof of shipment of the product, whichever comes first.
ARTICLE 6 - DELIVERY
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. The orders are carried out by La Poste via COLISSIMO, delivery service with follow-up, delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The seller cannot be held responsible for delays in delivery in case of modification by the Post Office of its conditions of routing, in particular, but also in case of emergency situation. The seller will be able to provide by e-mail to the buyer the tracking number of his parcel. The buyer is delivered to his home by his letter carrier. In case of absence of the buyer, he will receive a notice of passage of his factor, which allows him to withdraw the ordered products to the nearest post office, during a time indicated by the postal services. In case of a package lost by the carrier, the buyer is responsible for providing proof of the loss of the package to the seller by expressing unequivocally his intention to proceed with a new delivery, or a cancellation of the order. In the event of cancellation of the order, the seller undertakes to return to the buyer the sums incurred within 14 days. If, however, the buyer finds himself with the initial order delivered, as well as the new order, he commits himself to return to the salesman the last received order within 8 days. The expenses of forwarding will remain, in this case, with the load of the salesman. In case of a package received damaged, the buyer is required to mention, in writing and in the presence of the employee of the Post Office, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any claim must be made to the seller within three days of delivery.
ARTICLE 7 - GUARANTEE
All products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or reimbursement must be made by e-mail to contact@saber-universe.com.
ARTICLE 8 - RESPONSIBILITY
The seller in the process of distance selling, is bound only by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
ARTICLE 9 - INTELLECTUAL PROPERTY
All the elements of the site https://saber-universe.com are and remain the intellectual and exclusive property of the Individual Company AVLF. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text, without having obtained prior express authorization.
ARTICLE 10 - PERSONAL DATA
The Individual Company AVLF is committed to preserving the confidentiality of the information provided by the purchaser, which it would be brought to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information about him. He can make the request at any time by e-mail to contact@saber-universe.com, with the mention in subject, to the attention of the Data Protection Officer.
The policy for the management of personal data is set out in more detail in the section entitled Policy on the use of personal data.