Terms of sale

General Terms of Sale

Date of last update: 09/11/2024

Article 1 – LEGAL NOTICE

This website, accessible at the URL https://detectivebox.com/, is published by:

Detective Box, a company with a capital of 10,000 euros, registered with the R.C.S. of Paris under number 891 334 930, whose registered office is located at 128 rue la Boétie, represented by Emilie Bernier O’Donnell, duly authorized.

(Hereinafter referred to as the “Operator”).

The Operator’s individual VAT number is: FR79891334930.

The Site is hosted by Shopify, located at 100 W George St, Glasgow G2 1PP, United Kingdom.

The Director of Publication of the Site is Emilie Bernier O’Donnell.

The Operator can be reached at the following email address: support@detectivebox.com.

Article 2 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

The general terms and conditions of sale (the “General Terms of Sale” or the “GTS”) apply exclusively to the online sale of products offered by the Operator on the Website.

The GTS are made available to customers on the Website where they can be directly consulted and can also be communicated to them upon request by any means.

The GTS are binding on the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, that they have read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the buyer of the GTS in force on the day of the order, the preservation and reproduction of which are ensured by the Operator.

Article 3 – PRODUCT DESCRIPTION

The Site is an online sales site for investigation games (hereinafter the “Product(s)”) open to any individual or legal entity using the Site (the “Customer”).

The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer’s website via a link found on the Site) mentioning their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The product’s instruction manual, if it is an essential element, is available on the Site or will be sent at the latest upon delivery. The Products comply with the applicable French regulations.

The Customer remains responsible for the terms and consequences of accessing the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at their expense. Furthermore, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration used is secure and in working order.

Article 4 – ORDERS

The Operator strives to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.

If, despite the Operator’s best efforts, a Product is unavailable after the Customer’s order, the Operator will inform the Customer by email as soon as possible, and the Customer will have the option to:

• Receive delivery of a Product of equivalent quality and price to the one initially ordered, or
• Receive a refund of the price of the ordered Product no later than thirty (30) days after payment of the amounts already paid.

It is agreed that, except for the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not obligated to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to them.

Except as otherwise provided in these General Terms and without prejudice to the right of withdrawal provided by applicable law, the Customer’s orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to their cart by indicating the selected Products and the desired quantities. The Customer has the option to review the details of their order and its total price and return to the previous pages to correct the content of their cart if necessary before validating it.

The Customer agrees to read the General Terms of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees before paying for their order. Order confirmation constitutes acceptance of the GTS and forms the contract.

Contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice will be made available to the Customer by email. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, including but not limited to:

• The Customer does not comply with the General Terms in effect at the time of their order;
• The Customer’s order history shows that amounts remain unpaid for previous orders;
• One of the Customer’s previous orders is subject to an ongoing dispute;
• The Customer has not responded to a confirmation request for their order that the Operator has sent.

The Operator archives Product sales contracts in accordance with applicable regulations. Upon request to support@detectivebox.com, the Operator will provide the Customer with a copy of the requested contract.

Any modification of the order by the Customer after its confirmation is subject to the Operator’s agreement.

The information provided by the Customer when placing the order (including name and delivery address) binds them. The Operator’s liability cannot be engaged in the event that an error in the order prevents or delays delivery.

The Customer declares that they have full legal capacity to commit to these General Terms.

Article 5 – PAYMENT METHODS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires the payment of a price against the supply of the ordered Product.

In any case, the Operator reserves the right to verify the validity of the payment before shipping the order by any necessary means.

Orders can be paid for using one of the following payment methods:

Payment by credit card. Payment is made directly on the secure bank servers of the Operator’s bank, and the Customer’s bank details do not transit on the Site. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. In this way, these details are not accessible to third parties.

The Customer’s order is recorded and validated upon acceptance of payment by the bank.

The Customer’s account will be debited for the corresponding amount only when (i) the bank card data used has been verified, and (ii) the debit has been accepted by the bank that issued the card.

The inability to debit the amounts owed will result in the immediate nullity of the sale.

The bank card may be refused if it has expired, has reached the spending limit, or if the data entered is incorrect.

Payment by electronic wallet (e.g., PayPal). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account and pay for their order securely without providing their bank details.

In this case, the order validated by the Customer will only be considered effective when the secure banking payment center has given its approval on the transaction.

As part of control procedures, the Operator may request from the Customer all necessary documents to finalize their order. These documents will not be used for purposes other than this.

Article 6 – PRICE PAYMENT

The price of the Products in effect at the time of the order is indicated in euros, including all taxes (TTC), excluding delivery and transport costs. In the case of a promotion, the Operator undertakes to apply the promotional price to any order placed during the promotional period.

The price is payable in euros (€) only. The price is payable in full after the order is confirmed. The prices offered include the discounts that the Operator may grant.

If delivery or transport fees apply, they will be added to the price of the Products and indicated separately before the Customer validates the order. The total amount due by the Customer and its breakdown are indicated on the order confirmation page.

Article 7 – CONTRACT FORMATION

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of their order.

The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places their order, they must confirm it by the “double-click” technique, meaning that after selecting Products added to the cart, the Customer must check and possibly correct the contents of their cart (identification, quantity of selected products, price, delivery methods, and fees) before validating it by clicking on “I confirm my delivery.” They then acknowledge accepting these GTS before clicking on the “I pay” button, finally validating their order after entering their bank details. The “double-click” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, order forms, and invoices is ensured by the Operator on a reliable and durable medium to constitute a faithful and durable copy. These communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

The order may be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

• Delivery of a Product that does not conform to the declared characteristics of the Product;
• Delivery exceeding the deadline set in the order form or, if no such date is provided, within thirty (30) days following the conclusion of the contract, after the Operator has been enjoined, in the same manner and without result, to deliver within a reasonable additional period;
• An increase in the price not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Customer may demand a refund of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be canceled by the Operator in the event of:

• Refusal of the buyer to take delivery;
• Non-payment of the price (or the balance of the price) at the time of delivery.

Article 8 – RETENTION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a European Union member country, and for deliveries within these geographical areas.

Delivery is understood as the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified at the time of finalizing the order and are accepted by validating the order.

If one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email to the Customer indicating the new delivery date.

The Products will be delivered to the address provided by the Customer when placing the order. It is the Customer’s responsibility to ensure that this address does not contain errors. The Operator’s liability cannot be engaged if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, it may be required to sign a delivery receipt.

Upon delivery, it is the Customer’s responsibility to check that the Products delivered conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claims for quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip.

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, they may return it to the Operator. The Customer has fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and to exercise this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill out the standard withdrawal form that will be sent to them by contacting customer service at the email address support@detectivebox.com.

The Operator will send an acknowledgment of receipt of the Customer’s withdrawal request by email.

If applicable, the Customer may exercise their right of withdrawal by notifying the Operator of the following information:

• Name, geographical address, telephone number, and email address;
• Decision to withdraw by an unambiguous statement (e.g., letter sent by mail, fax, or email, as long as these contact details are available and thus appear on the standard withdrawal form). The Customer may use the model withdrawal form, but it is not mandatory.

Return shipping costs are the responsibility of the Customer, except if the item cannot be normally returned by post, in which case the Operator will collect the Product at their expense.

The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order involves a contract for:

• The provision of services fully performed before the end of the withdrawal period and whose performance began after the consumer’s prior express consent and express waiver of their right of withdrawal;
• The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and which may occur during the withdrawal period;
• The supply of goods made to the consumer’s specifications or clearly personalized;
• The supply of goods that are likely to deteriorate or expire rapidly;
• The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
• The supply of goods that, after being delivered and by their nature, are inseparably mixed with other items;
• The supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
• Urgent maintenance or repair work to be carried out at the consumer’s home and expressly requested by them, within the limit of the spare parts and work strictly necessary to meet the emergency;
• The 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 to these publications;
• Contracts concluded at a public auction;
• The provision of accommodation services, other than residential accommodation, transport of goods, car rentals, catering, or leisure activities that must be provided on a specific date or period;

The supply of digital content not provided on a tangible medium, the execution of which began after the consumer’s prior express consent and express waiver of their right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, first name, address) of the Customer, as well as the order number and the original purchase invoice.

The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all elements required to implement the Customer’s refund. This refund may be made using the same payment method as that used by the Customer. As such, the Customer who paid for their order in the form of credits/gift vouchers may be reimbursed by credits/gift vouchers according to the Operator’s discretion.

By accepting these General Terms of Sale, the Customer expressly acknowledges being informed of the withdrawal procedures.

Article 12 – INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, structure of the Site, and all other intellectual property elements and other data or information (hereinafter referred to as “Elements”) that are protected by French and international laws and regulations relating in particular to intellectual property.

As a result, none of the Site’s Elements may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcasted, represented, stored, used, rented, or exploited in any other way, whether free of charge or for a fee, by a Customer or a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express and written authorization of the Operator on a case-by-case basis. The Customer is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take legal action against those who do not comply with the prohibitions contained in this article.

Article 13 – LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-execution of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to these Terms.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to modify the content and/or presentation.

The Operator cannot be held responsible for the use made of the Site and its services by Customers in violation of these General Terms and the damage this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and their behavior towards third parties. In the event that the Operator’s liability is sought due to such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any conviction pronounced against it and to reimburse the Operator for all fees, including legal fees, incurred for its defense.

In addition to any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code) and the warranty against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When you act under the legal warranty of conformity:

You benefit from a period of two (2) years from the delivery of the good to act;

You can choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

You are exempt from proving the existence of the non-conformity of the good during the twenty-four (24) months following the delivery of the good (except for second-hand goods).

You can decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

Article 14 – SATISFACTION OR REFUND GUARANTEE

These general terms of sale govern the “Satisfaction or Refund” offer for the purchase of an investigation, i.e., the pack of 3 episodes.

1. Eligibility for the offer:

1.1. To benefit from the “Satisfaction or Refund” offer, the customer must have purchased a complete investigation from Detective Box.

1.2. The customer has a period of 30 days from the receipt of the ordered products to exercise their right without having to justify reasons or pay penalties. Return shipping costs remain the responsibility of the customer (within the conditions specified in paragraph 1.4).

1.3. This offer is only valid for our customers in France.

1.4. If, after opening the first box, the customer is not satisfied with the product, they can return the investigation (all the boxes). Boxes 2 and 3 must still be sealed and intact.

Any return with an opened, damaged, incomplete, or missing box 2 and/or 3 or whose original packaging has been deteriorated will be refused and will not be eligible for a refund.

1.5 Return shipping costs are the responsibility of the customer and are 11.20 €.

1. Refund process:

2.1. If the customer is not satisfied, they can request a refund by contacting customer service directly via the contact form within 60 days of receiving their purchase.

2.2. The customer must provide proof of purchase.

2.3. To make a return, the customer must go to the following return portal: https://returns.bigblue.co/detective-box.

They must enter their order number and postal code, print or scan the return label, and drop off the package at a collection point.

2.4. Once the refund request is approved, the customer will be refunded the total amount of the product purchase, minus shipping and return costs, using the same payment method as the initial purchase.

The refund period is 25 working days.

1. Exclusions and limitations:

3.1. The “Satisfaction or Refund” offer is limited to one refund per customer and household.

3.2. Returns and refund requests will not be accepted after the 30-day period.

3.3. Refund requests will not be honored if the customer has not met the eligibility conditions outlined in the previous section.

1. Modification of the offer:

Detective Box reserves the right to modify or cancel this offer at any time without notice.

By purchasing an investigation, i.e., the pack of 3 episodes, the customer acknowledges having read, understood, and accepted these general terms of sale.

Article 15 – AFTER-SALES SERVICE

Any complaint must be addressed to the after-sales service at the following contact details:

• Email address: support@detectivebox.com
• Postal address: 128 rue la Boétie, 75008 Paris

Article 16 – PERSONAL DATA

For more information on the use of personal data by the Operator, please read the privacy policy on the Site carefully.

Article 17 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and accept the use of third-party sites at their own risk or, where applicable, in accordance with the terms governing them.

The Customer acknowledges that the Operator neither controls nor contributes in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites.

As a result, the Operator cannot be held responsible in any way for the content of these hypertext links.

Furthermore, the Customer acknowledges that the Operator neither endorses nor guarantees nor assumes any responsibility for all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners redirecting to third-party sites not published by the Operator.

The Operator invites the Customer to report any hypertext link present on the Site that would allow access to a third-party site offering content contrary to laws and/or good morals.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written and express consent of the Operator on a case-by-case basis.

Article 18 – REFERENCES

The Customer authorizes the Operator to mention the name of the Customer and their logo as a reference in its communication materials (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

Article 19 – GENERAL PROVISIONS

ENTIRE AGREEMENT

These General Terms constitute a contract governing the relationship between the Customer and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator concerning their subject matter. If one or more provisions of these General Terms are declared null and void pursuant to a law, regulation, or a final decision of a competent court, the other provisions shall retain their full force and scope. Moreover, the fact that one of the parties does not invoke a breach by the other party of any provision of these General Terms shall not be construed as a waiver to invoke that breach in the future.

MODIFICATIONS TO THE TERMS

The Operator reserves the right to modify at any time and without prior notice the content of the Site or the services available thereon, and/or to cease temporarily or permanently operating all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without prior notice the location of the Site on the Internet, as well as these General Terms. The Customer is therefore required to refer to these General Terms before each use of the Site.

The Customer acknowledges that the Operator shall not be liable in any way to them or any third party for these modifications, suspensions, or cessations.

The Operator advises the Customer to save and/or print these General Terms for safe and durable storage so that they can be invoked at any time during the execution of the contract if necessary.

COMPLAINTS – MEDIATION

In the event of a dispute, you should first contact the company’s customer service at the following contact details: support@detectivebox.com.

In case of failure of the complaint request to the customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these GTS opposing the Operator to an accredited consumer mediator.

The mediator will attempt, independently and impartially, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse mediation and, in case of mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW

These General Terms are governed, interpreted, and applied in accordance with French law.

CUSTOMER ACCEPTANCE OF THE GENERAL TERMS

The Customer acknowledges having read these General Terms carefully.

By making a purchase on the Site, the Customer confirms having read and accepted the General Terms, thereby being contractually bound by the terms of these General Terms.

The General Terms applicable to the Customer are those available on the date of the order, a dated copy of which may be provided upon request. It is therefore specified that any modification of the General Terms made by the Operator will not apply to any order placed before the modification unless the Customer expressly agrees.