GENERAL TERMS AND CONDITIONS OF SALE

Between the company Alpes Mesures,
11 rue de l’Isère,
with a share capital of €600
registered with the Grenoble Trade and Companies Register (RCS),
under SIRET number 89208385800019
represented by Matthieu Biondollilo
 in his capacity as manager, duly authorised for the purposes hereof.
The company can be contacted by email at matt@trackscreations.fr

Hereinafter the “Seller” or the “Company”, on the one hand, and the natural or legal person purchasing the company’s products or services, hereinafter the “Buyer” or the “Customer”, on the other hand. The following has been set out and agreed:

PREAMBLE

The Seller publishes Products and Services in the field of toy manufacturing for consumers, sold through its websites (trackscreations.fr). The list and description of the goods and services offered by the Company can be consulted on the above-mentioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale set out the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (T&Cs) govern the sales of Products or Services made through the Company’s websites and form an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer, who accepted them before placing the order. The Seller reserves the right to amend them at any time by publishing a new version on its website. The applicable T&Cs are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These T&Cs can be consulted on the Company’s website at the following address: trackscreations.fr.
The Company also ensures that their acceptance is clear and unreserved by means of a tick box and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges having received the advice and information needed to ensure that the offer meets their needs.
The Customer declares that they are legally able to enter into a contract under French law or validly represent the natural or legal person on whose behalf they are acting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of the products sold through the websites are shown in euros including all taxes (VAT included) on the Product description pages and on the order page, excluding delivery costs. Delivery costs are shown before the order is confirmed. For all products shipped outside the European Union and/or to the French overseas departments and territories, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable in some cases. These duties and sums are not the Seller’s responsibility. They are payable by the buyer and are the buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to find out about these matters from the relevant local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunication costs needed to access the Company’s websites are borne by the Customer, as are, where applicable, the delivery costs.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place an order: information on the essential characteristics of the Product; – choice of the Product and, where applicable, its options; – entry of the Customer’s essential details (identification, email, address, etc.); – acceptance of these General Terms and Conditions of Sale; – checking of the order details (double-click formality) and, where applicable, correction of errors. Before confirming, the Buyer can check the details of the order and its price, correct any errors, or cancel the order. Confirmation of the order forms this contract. – Then: following the payment instructions, payment for the products, and delivery of the order. The Customer will receive email confirmation of payment for the order, together with an acknowledgement of receipt confirming the order.
During the ordering process, the customer can identify any errors made when entering data and correct them. The language offered for concluding the contract is French. This English translation is provided for information only; in the event of any discrepancy, the French version prevails.
The terms of the offer and the general terms and conditions of sale are sent to the buyer by email when the order is placed and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the “additional rules” section of these T&Cs, available on the Seller’s website at the following address: trackscreations.fr
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy, in accordance with Article 1360 of the French Civil Code. This information may be produced as evidence of the contract.
For delivered products, delivery will be made to the address given by the Customer. For the order to be properly fulfilled, the Customer undertakes to provide accurate identification details. The Seller reserves the right to refuse an order, for example any abnormal request, any request made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites, together with, where applicable, the instructions for use of the product. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by marking, labelling, display or any other appropriate means, of the prices and special conditions of sale and of performance of services before the sales contract is concluded. In all cases, the total amount payable by the Buyer is shown on the order confirmation page. The selling price of the product is the price in force on the day of the order, which does not include the shipping costs invoiced in addition. Any such costs are shown to the Buyer during the sales process and in any event when the order is confirmed. The Seller reserves the right to change its prices at any time, while guaranteeing that the price shown at the time of the order will apply. Where products or services are not provided immediately, clear information on delivery dates is given on the product page. The customer confirms having received details of the delivery costs and of the payment, delivery and performance terms of the contract, as well as detailed information on the identity of the seller, its postal, telephone and email contact details, and its activities in the context of this sale. The Seller undertakes to fulfil the Customer’s order only within the limits of available Product stock. Otherwise, the Seller will inform the Customer; if the order has been placed and no agreement is reached with the Customer on a new delivery date, the Seller will refund the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of Products and of their prices is stated on the Company’s websites, together with the minimum duration of the contracts offered where they concern the continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the natural person who signed the order (or the holder of the email address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these T&Cs comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection. Irrespective of any commercial guarantee, the Seller remains liable for lack of conformity and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was its responsibility under the contract or was carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (Article 1641 of the French Civil Code), the Seller refunds or exchanges products that are defective or do not match the order. A refund can be requested as follows: by email to matt@trackscreations.fr

Article 7: Retention of title

The products remain the property of the Company until the price has been paid in full.

Article 8: Delivery terms

The products are delivered to the delivery address given when the order was placed and within the stated time limits. These time limits do not include the time needed to prepare the order. When the Customer orders several products at the same time, they may have different delivery times and be shipped as follows: delivery in one or more parcels. In the event of a shipping delay, the Buyer can contact us by email at matt@trackscreations.fr. In the event of late delivery, the Customer may terminate the contract under the conditions and procedures defined in Article L216-6 of the French Consumer Code. The Seller then refunds the product and the outbound shipping costs under the conditions of Article L216-7 of the French Consumer Code. Order tracking can be requested at any time by email at matt@trackscreations.fr. The Seller points out that when the Customer takes physical possession of the products, the risks of loss of or damage to the products are transferred to the Customer. It is up to the Customer to notify the carrier of any reservations about the delivered product.

Article 9: Availability and presentation

If an item is unavailable for more than 30 working days, you will be informed immediately of the expected delivery time and the order for this item may be cancelled on simple request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately when the order is placed, including for pre-ordered products. The Customer can pay by bank card, Apple Pay or Google Pay, and by Bancontact, iDEAL or EPS depending on their country. Cards issued by banks located outside France must be international bank cards (Mastercard or Visa). Secure online payment is handled by our payment provider WooPayments, which relies on Stripe. The information transmitted is encrypted according to best practice and cannot be read during transmission over the network. Once the Customer initiates payment, the transaction is debited immediately after the information has been verified. In accordance with the French Monetary and Financial Code, a commitment to pay given by card is irrevocable. By providing their bank details during the sale, the Customer authorises the Seller to debit their card with the amount of the stated price. The Customer confirms that they are the legal holder of the card to be debited and are legally entitled to use it. In the event of an error, or if the card cannot be debited, the Sale is immediately terminated by operation of law and the order cancelled.

Article 11: Withdrawal period

In accordance with Articles L221-18 et seq. of the French Consumer Code, a consumer Buyer has fourteen (14) days from receipt of the order to exercise the right of withdrawal, without having to give reasons. The Buyer notifies the decision by email to matt@trackscreations.fr, using the model withdrawal form available on the page Delivery and returns or by any other unambiguous statement. The products must be returned complete and in their original condition (packaging, accessories, instructions) no later than fourteen (14) days after this notification; return costs are borne by the Buyer. The Seller refunds the price of the products and the original delivery costs no later than fourteen (14) days after being informed of the decision to withdraw; it may withhold the refund until it has received the products back or until the Buyer has supplied proof of having sent them. The refund is made using the same means of payment as was used for the order. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the Buyer’s specifications or clearly personalised.

Article 12: Guarantees

In accordance with the law, the Seller provides the following guarantees: conformity and hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not match the order placed. Refund requests must be made as follows: by email to matt@trackscreations.fr
 The Seller reminds the consumer that: – they have 2 years from delivery of the goods to take action against the Seller; – they may choose between replacement and repair of the goods, subject to the conditions laid down by the above-mentioned provisions; – they do not have to prove the existence of the lack of conformity of the goods during the six months following delivery of the goods; – except for second-hand goods, this period was extended to 24 months from 18 March 2016; – the consumer may also invoke the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code and, in that case, may choose between cancellation of the sale or a reduction of the sale price (Article 1644 of the French Civil Code).

Article 13: Complaints and mediation

 Where applicable, the Buyer may submit any complaint by contacting the company using the following details: by email to matt@trackscreations.fr. In accordance with Articles L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that they may use a consumer mediator under the conditions laid down in Title I of Book VI of the French Consumer Code. If a complaint to the Seller’s customer service is unsuccessful, or if no reply is received within two months, the consumer may refer the dispute to a mediator, who will independently try to bring the parties together with a view to reaching an amicable solution.

Article 14: Termination of the contract

The order may be terminated by the buyer by registered letter with acknowledgement of receipt in the following cases: — delivery of a product that does not match the characteristics of the order; — delivery after the deadline set when the order was placed or, if no date was set, more than thirty days after payment; — unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the statutory rate from the date on which the deposit was cashed.

Article 15: Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No intellectual property rights are transferred under these T&Cs. Any full or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

Performance of the seller’s obligations hereunder is suspended in the event of a fortuitous event or force majeure preventing their performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 17: Invalidity and amendment of the contract

If any provision of this contract were declared invalid, this would not affect the validity of the other provisions, which will remain in force between the parties. Any contractual amendment is only valid after a written agreement signed by the parties.

Article 18: Personal data protection

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller carries out personal data processing for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the controller and, where applicable, of the controller’s representative: the Seller, as stated at the top of these T&Cs; – the legal basis for the processing: performance of the contract; – the recipients or categories of recipients of the personal data, if any: the controller, its marketing departments, its IT security departments, the department in charge of sales, delivery and orders, the subcontractors involved in delivery and sales operations, and any authority legally authorised to access the personal data concerned; – no transfer outside the EU is planned; – data retention period: the commercial limitation period; – the data subject has the right to request from the controller access to, rectification or erasure of personal data, or restriction of processing concerning the data subject, or to object to processing, as well as the right to data portability; – the data subject has the right to lodge a complaint with a supervisory authority; – the information requested when ordering is necessary to issue the invoice (legal obligation) and to deliver the goods ordered, failing which the order cannot be placed. No automated decision-making or profiling is carried out in the ordering process.

Article 19: Applicable law and clauses

All the clauses in these general terms and conditions of sale, and all the purchase and sale transactions they cover, are governed by French law. The invalidity of a contractual clause does not render these general terms and conditions of sale invalid.

Article 20: Consumer information

 For the information of consumers, the provisions of the French Civil Code and Consumer Code are reproduced below: Article 1641 of the French Civil Code: The seller is bound by a warranty against hidden defects of the item sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have bought it, or would only have paid a lower price for it, had they known of them. Article 1648 of the French Civil Code: An action arising from redhibitory defects must be brought by the purchaser within two years of discovering the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be released from apparent defects or lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was its responsibility under the contract or was carried out under its responsibility.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model; – if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2° Or if they have the characteristics agreed by the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L. 217-12 of the French Consumer Code: An action resulting from lack of conformity is time-barred two years after delivery of the goods.
Article L. 217-16 of the French Consumer Code: Where, during the term of the commercial guarantee granted on the purchase or repair of movable goods, the buyer asks the seller for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining term of the guarantee. This period runs from the buyer’s request for intervention or from the date the goods concerned are made available for repair, if this is later than the request for intervention.

Article 21: Customer reviews
After delivery, the Seller may send the Buyer, if they consented when ordering, an email inviting them to review the products purchased; only one email is sent per order. On the order confirmation page, Google may also invite the Buyer to answer a “Google Customer Reviews” survey, which they are free to accept or decline. Reviews posted on the website are reserved for buyers of the products concerned.

Version in force on 28 September 2026.