TERMS OF SALE

1. PREAMBLE

These General Terms and Conditions of Sale (hereinafter "GTCS") govern the relationship between, on the one hand, FindR Technologies SAS, a company incorporated under French law, registered under number 980 922 454 R.C.S. Paris, publisher of the https://findr. io/, whose registered office is located at 30/32, Boulevard de Sébastopol - 75004 Paris, under intracommunity VAT number FR95980922454 (hereinafter "FINDR") and, on the other hand, a non-professional purchaser wishing to acquire the products sold (hereinafter "Products") by FINDR via the Internet site (hereinafter "Site") of the company FINDR https://findr.io/ (hereinafter "Customer"). FINDR's contact details are support@findr.io and 01 59 06 89 74.

The Customer is understood to be a natural person of legal age or at least with the legal capacity to contract, and who places an order on the Site for non-professional purposes.

FINDR reserves the right to cancel and refund all orders placed by a professional.

For the purposes hereof, it is agreed that the Customer and FINDR shall be collectively referred to as the "Parties" and individually referred to as the "Party".

2. GENERAL PROVISIONS

The Site has been designed by FINDR, which is the owner and holder of all related rights. It is forbidden to copy or download all or part of the Site or its contents without FINDR's prior written authorization.

The Products offered for sale in the catalog published on the Site are each described in terms of their essential characteristics within the meaning of article L. 111-1 of the French Consumer Code.

Validation of the order by the Customer implies unreserved acceptance of the GTS. The Customer acknowledges having the capacity required to contract and purchase the Products offered on the Site.

The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale by checking the appropriate box before proceeding with the online ordering procedure. The applicable GCS are those in force on the date the order is placed by the Customer.

The GCS are concluded for the duration necessary for the supply of the Products. For orders outside mainland France, it is the Customer's responsibility to check with the local authorities in his/her country for any restrictions on the import and use of the Products ordered. FINDR cannot be held responsible for the purchase of a Product considered non-compliant in a given country, even though this Product complies with French regulations.

FINDR reminds the Customers that the Products allow the persons finding the objects on which the Products were deposited to contact the Customers subject to their good will. The Products do not prevent theft of the Customer's items, nor do they ensure item recovery in all situations. Customers remain responsible for the safekeeping of their personal belongings.

The Products enable people finding a Customer's objects with a Product stuck on to scan the QR Code and, depending on the Customer's choice, either :

  • Access the customer's information (profile page);

  • Access an anonymous page to contact the Customer;

  • Access an external link chosen by the Customer.

FINDR cannot guarantee that the people who have found the Customer's items will contact the Customer.

3. PRICING

3.1 - Product prices are indicated in euros, inclusive of all taxes, and do not include delivery, packaging and order processing costs, which are invoiced in addition and indicated before the order is validated.


The price payable by the Customer is the amount indicated in the summary, which the Customer has read before finally validating the order, including delivery charges. Any amounts expressed in other currencies are provided for information purposes only.

3.2 - FINDR reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time of confirmation of the order by FINDR.

3.3 - The price is payable in cash, in full and in a single instalment on the day the order is placed by the Customer by secure payment.

4. ORDERING AND ORDER VALIDATION

4.1 - The Customer acknowledges having been informed, prior to placing his order, in a legible and understandable manner, of these T&C and of all the information and data referred to:

The essential characteristics of the Product: the price of the Product and its ancillary costs, and, in the absence of immediate execution of the agreement, the date or the deadline by which FINDR undertakes to deliver the Product. In this respect, the Customer is required to consult the description of each Product to know its characteristics.

  • Information relating to the identity of FINDR, its postal and electronic address and its activities, insofar as they are not apparent from the context.

  • Information on the legal guarantees and their implementation modalities.

  • The possibility to resort to conventional mediation in case of dispute.

  • Information on the right of withdrawal.

4.2 - The Customer may consult the information relating to the various Products offered for sale on the Website. The Customer can browse freely on the different pages of the Website, without being committed to an order. 

4.3 - The Parties mutually acknowledge that the Products presented on the Website may no longer be available or no longer be on sale at the time of the order.

4.4 - The Customer who wishes to place an order on the Website must order according to the following procedures:

  • Build an online basket by selecting all the Products chosen. If the Customer wishes to place an order, he/she will select the various Products in which he/she is interested and will express his/her interest by clicking on the "ADD TO CART" box. This operation adds the Product to the "CART". To order the Products he/she has chosen, the Customer will click on the "CART" icon. A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the Customer will validate the summary by clicking on "PAY".

  • Enter his personal information or connect to his "customer account». The Customer must accurately fill in the form provided, on which he/she will include the information necessary for his/her identification, in particular his/her last name, first name, postal address, telephone number and e-mail address. If the Customer already has a "customer account", he/she must enter his/her email address and password. The Customer is responsible for the choice and the conservation of his identifiers and must take care of their confidentiality.

  • Accept the present T&C and validate the order. Any order implies the prior consultation and acceptance of the T&C by means of a checkbox provided for this purpose during the purchase process.

  • Choose the address and delivery method of the Products.

  • Proceed to the payment of the Products under the conditions provided. 

4.5 - FINDR reserves the right to suspend or close the account of a Customer who would violate the provisions of the T&C after having informed the Customer of its violation and having given him time to comply. Any Customer whose account has been suspended or closed will not be able to order on the Website without the prior authorization of FINDR.

4.6 - The order is deemed to be accepted by FINDR insofar as the payment is received by FINDR within a maximum of five (5) days after the order. FINDR will then confirm the acceptance of the order to the user, at his choice by one of the following means: e-mail (summarising the order: products, price, quantity...), telephone, or mail. This confirmation, or if necessary, the refusal of acceptance of an order, will be confirmed to the user at the latest 48 working hours after the reception of an order and its payment (except in certain cases indicated on the Website).

4.7 - The data recorded and kept by FINDR constitute the proof of all transactions between FINDR and its Customers.

5. DELIVERY

5.1 - For each order, the Customer is asked to pay a flat-rate contribution to shipping costs, calculated automatically according to the place of delivery and the chosen carrier. FINDR endeavours to deliver within 2 to 15 working days for France, and 3 to 30 working days for all other countries from receipt of order and payment. The times indicated are usual average times and correspond to processing and delivery times.

5.2 - FINDR undertakes to inform the Customer of any foreseeable delay in delivery.

5.3 - If the Products ordered have not been delivered within the agreed period or in the absence of an agreed period within thirty (30) days of the order, the Customer may request in writing the cancellation of the sale and the reimbursement of the Products if, after having given FINDR formal notice to effect delivery within a reasonable additional period, FINDR has not complied within this period. FINDR undertakes to reimburse the Customer within fourteen (14) days of receipt of the cancellation of the contract.

5.4 - If FINDR suffers additional shipping costs due to the indication of a wrong delivery address, a wrong addressee or an impossibility to deliver the Products, these costs shall be borne by the Customer.

5.5 - Certain international orders to third countries may incur additional customs duties. The carrier may ask you to pay these charges before handing over the parcel.

5.6. - In the absence of the recipient or of a person who can take possession of the Products at the time of delivery, the carrier will leave a notice at the delivery address indicated by the Customer inviting the Customer to collect the Products.

5.7. - Ownership of the Products and the related risks are transferred to the Customer as soon as the latter takes possession of the Products.

5.8. - Any reservations by the Customer must be notified to the carrier upon delivery of the Product. A copy of the reservations must be sent to FINDR (by e-mail or fax) no later than 12 hours after the reservations were made. It is the Customer's responsibility to provide FINDR with the carrier's confirmation of these reservations (proof, photos, etc.).

5.9. - In the event of non-conformity of the Products in relation to the order, the Customer must send FINDR a letter or e-mail of protest. FINDR will proceed, as the case may be, with the exchange or reworking of the Product(s). The request must be made within seven (7) working days following delivery of the Products. Any claim made outside this period will not be accepted. Products must be returned to FINDR in the condition in which the Customer received them. Shipping costs shall be borne by the Customer.

5.10. - The Customer undertakes to pay or have paid any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.

6. PAYMENT

6.1. - Payment is made online by credit card at the time of validation of the order by the Customer. Payment must be made in full when the order is placed.

6.2 - Authorization to debit the card is requested when the order is validated on the Site, except in the event of server unavailability. FINDR reserves the right to make a new direct debit authorization request in the event that the first request is unsuccessful due to server unavailability.

6.3 - In the event of non-payment, incorrect address or any other problem with the Customer's account, FINDR reserves the right to block the Customer's order until the problem has been resolved.

In the event of fraudulent use of the Customer's credit card on the Site, the Customer is invited to contact FINDR by e-mail at support@findr.io.

6.4 - Invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy. In addition, and in accordance with Article L.213-1 of the French Consumer Code, FINDR undertakes to keep and archive on all media, for a period of ten (10) years, contracts concluded between the Customer and FINDR of a value greater than or equal to one hundred and twenty (120) euros and to guarantee access to them by the Customer at all times.

7. RIGHT OF WITHDRAWAL/RETURNS

You have the right to withdraw from this contract without giving any reason within fourteen (14) days.

The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify FINDR, whose registered office is located at FindR Technologies SAS - 30/32 Boulevard de Sébastopol - 75004 Paris, and whose contact details are 01 59 06 89 74 and support@findr.io, of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the model withdrawal form, but this is not obligatory.

For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever is the earlier.

You must return the goods to the warehouses of the ARES Group located at 189 rue d'Aubervilliers, CAP18, voie A, porte 21, 75018 Paris (FINDR carrier) without undue delay and, in any event, no later than fourteen (14) days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the fourteen-day period has expired.

You must bear the direct cost of returning the goods.

***

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of FINDR, whose registered office is FindR Technologies SAS - 30/32 Boulevard de Sébastopol - 75004 Paris, and whose contact details are 01 59 06 89 74 and support@findr.io :

I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in case of notification of this form on paper) :

Date :

8. WARRANTIES / LIABILITY

8.1 - The Products sold on the Website comply with the regulations in force in Europe and the United States.

8.2 - The photographs illustrating the Products on the Site are not contractual.

8.3 - The Customer accesses, uses and browses the Site at its own risk.

8.4 - The Products supplied by FINDR benefit by right and without additional payment, independently of the right of withdrawal:

The legal warranty of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code, for Products that appear to be defective, damaged or not corresponding to the order,

the legal warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code, arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use.

In accordance with article D211-2 of the French Consumer Code, information on the implementation of legal warranties is as follows:

"The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance."

"When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty is applicable to this digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance."

"The legal warranty of conformity entails an obligation on the part of the professional, where applicable, to provide all updates necessary to maintain the conformity of the good."

"The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without major inconvenience to him."

"If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty."

"If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good."

"The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if:

1o The professional refuses to repair or replace the good;

2o The repair or replacement of the good takes place after a period of thirty days; 3o The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;

4o The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity."

"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand."

"The consumer is not entitled to rescind the sale if the lack of conformity is minor.

"Any period of immobilization of the good with a view to its repair or replacement suspends the warranty that remained in force until the delivery of the reconditioned good."

"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

"Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code)."

"The consumer also benefits from the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good." 

9. ECO-CONTRIBUTION

In addition, article L. 541-10-13 of the French Environment Code provides for the introduction of a unique identifier for all companies subject to the principle of Extended Producer Responsibility (EPR), in order to facilitate monitoring and control of producers' compliance with their obligations as marketers.

10. ECO-CONTRIBUTION

WIn addition, article L. 541-10-13 of the French Environmental Code provides for the introduction of a unique identifier for all companies subject to the principle of Extended Producer Responsibility (EPR), in order to facilitate monitoring and control of producers' compliance with their obligations as marketers.INTELLECTUAL PROPERTY

9.1 - All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used on the Site, and more generally all elements reproduced or used on the Site, are protected by current intellectual property laws.

9.2 - They are the full and complete property of FINDR or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of FINDR, is strictly prohibited. The fact that FINDR does not initiate proceedings upon becoming aware of such unauthorized use does not constitute acceptance of said use and waiver of prosecution. Any simple link or hypertext link is strictly forbidden without the express written consent of FINDR.

11.  PERSONAL DATA

When the Customer browses the Site, creates an account and/or places an order, FINDR acts as the controller of the personal data transmitted by the Customer.

For more information on how FINDR collects and processes the Customer's personal data and on the Customer's rights, the Customer may consult FINDR's Privacy Policy on the Site.

12.  APPLICABLE LAW AND JURISDICTION

The language of these GTC is French and they are subject to French law, regardless of the nationality of the Customer and the place of validation of the order.

The Site and the GTC are governed by French law and FINDR is not responsible for compliance with any foreign legislation.

Any dispute arising out of or in connection with the interpretation or performance of these Terms and Conditions shall be subject to the exclusive jurisdiction of the French courts, governed by the French Code of Civil Procedure.

Specifically, in accordance with the provisions of article R. 631-3 of the French Consumer Code, in the event of a dispute, the Customer may choose either to bring the matter before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where the Customer resided at the time the contract was concluded or at the time the harmful event occurred.

In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the Customer has sent a written complaint to the professional and has not obtained satisfaction or a response within two (2) months, he may submit his complaint free of charge to the consumer mediator. The complaint must be referred to the mediator within one year of the initial complaint.

If one or more stipulations of these GTC 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.

Online Dispute Resolution Platform: the European Commission has set up an Online Dispute Resolution Platform to facilitate the 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/.

13.  Special conditions for NFTs

These terms and conditions govern the rights of owners of non-fungible tokens (NFTs) minted on distributed digital ledgers or blockchains that correspond to digital works of art ("Works of Art") created by artists in partnership with FindR Technologies Inc.

If you mint or purchase an NFT through the Site, you agree to these Terms and the accompanying Privacy Policy.

In addition, if you acquire such an NFT from a previous owner, your rights to the NFT and the corresponding Work of Art are dictated by these Terms.

Defined Parties: FindR Technologies Inc: hereinafter referred to as "FINDR", "we", "us" or "our". Artists : Independent creators who partner with FINDR to produce artwork for the corresponding stickers and NFTs. Collectors: Those who purchase or monetize NFTs through the Site or any other platform.

Ownership and license: Artists retain the copyright to their works of art. Collectors who purchase an NFT on the Site will be granted a limited license to access and display the associated artwork. Beyond this license, no further rights to the artwork are granted. The term "NFT" refers to tokens originally created or acquired through this Site.

Artwork license: Upon purchase of an NFT, collectors are granted a limited, personal, non-exclusive and non-transferable license to display the corresponding artwork for personal, non-commercial use. No other rights, express or implied, are granted to the Collector.

Restrictions on use: Collectors are not permitted to modify, commercialize or create derivative works from the artwork. This includes any form of financial gain or promotional activities that are not directly authorized by these terms and conditions.

NiftyKit: NiftyKit is an external entity, separate from FINDR, with its own terms and conditions. Although FINDR collaborates with NiftyKit for the minting and sale of NFTs, each entity operates independently. For specific NiftyKit terms and conditions, please refer to the NiftyKit Terms of Use at https://niftykit.notion.site/Terms-of-Use-d81954b4fbaf4d5da2f52a39722d532a. NiftyKit, Inc. is a Delaware corporation with offices at 1455 Frazee Rd. Suite 500, San Diego, CA 92108.

Disclaimer: While FINDR strives for excellence and security, particularly with respect to NFT transactions, we cannot be held responsible for any unforeseen security breaches or cyber-attacks affecting NFT. However, we are committed to acting swiftly in the event of any such incident, putting the security and trust of our users first.

Confidentiality and exclusivity: Artists who partner with FINDR are required to respect the confidentiality of our processes and innovations. In addition, in order to maintain the uniqueness of our offerings, Artists agree not to join or reproduce similar services in direct competition with FINDR for a specified period after the collaboration.

Termination: Any violation of these terms or any related policy may result in immediate revocation of access and rights to any NFT purchased or minted. Any reinstatement of rights shall be at FINDR's sole discretion.

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced on the Site, constitute the entire agreement between Collectors, Artists and FINDR.