Update: November 3, 2022
Please read the terms and conditions carefully.
The terms and conditions were last updated on November 3, 2022
This website (the " Site ") is operated by the company CARFOOLY, a simplified joint stock company with a share capital of €25,000, registered in the Montpellier Trade and Companies Register under the number 901 614 867, whose registered office is located at 200 Rue Paul Eluard, 34980 Saint-Gély-du-Fesc, in the person of its legal representatives domiciled in this capacity at the said office.
The director of the publication is: Mr Beguier Emmanuel
The site is published by KYCY, RCS Beauvais B 891 993 537, 1 Rue du Pont de Paris, 60000 Beauvais - France
The Site is hosted by the company OVH, RCS Lille Metropole 424 761 419 00045, 2 rue Kellermann - 59100 Roubaix - France
These conditions contain:
the " Terms and Conditions relating to to Product " applicable à any order from NFT (Non-Fungible Token) on the Site (the "NFT"). "NFT or the "Product),
the conditions general conditions applicable à any transaction concerning the Product performed on the Site (" General Conditions ").
Failure to comply with these General Terms and Conditions and with the Product Terms and Conditions may result in the suspension of the user's right to access and use the Site, immediately and without notice, without CARFOOLY's responsibility being engaged in this respect and without affecting its legal rights and obligations.
CARFOOLY reserves the right to update, modiﬁer, suspend or delete all or part of the Site and/or its contents at any time and without notice, without being held liable in this respect.
These Terms and Conditions apply to any order of NFT or Product placed on the Site. When the user places an order on the Site, he or she will be asked to conﬁrm his or her acceptance of the Terms and Conditions, which include the Terms and Conditions for the Product.
Some of the provisions contained in these Product Terms may be superseded or supplemented by additional terms, conditions or notices that will be published on the Site. In the event of any conﬂit between these Product Terms and any additional terms, conditions or notices, the additional terms, conditions or notices shall prevail.
By placing an order on the Site, the Purchaser certifies that he/she is an individual of legal age who is not a merchant and is acting for his/her personal needs. He/she certifies that he/she has the capacity to contract, and acknowledges that he/she has previously read and accepted without restriction the General Conditions including the Conditions relating to the Product at the time of placing the order.
CARFOOLY offers for sale an NFT or Product in the form of a digital certiﬁcat attached to an object or graphic work.
The number of NFTs offered for sale will be limited depending on the nature of the medium to which the Product is backed, of which the Purchaser will be informed.
Buyer may not purchase two Products per transaction.
The Purchaser is informed that the acquisition of the Product will only result in the transmission of a digital certiﬁcat, to the exclusion of any other medium.
CARFOOLY commits itself to the fact that the object or the graphic work as presented on the Site is backed by this certiﬁcat.
The NFT will be registered in the Ethereum blockchain.
The acquisition of the NFT will allow its Purchaser, depending on the Product offered for sale, to benéﬁcier if necessary of experiences and events related to the Product, of which he will be informed according to the presentation of the Product that will be made on the Site or on social networks.
REALIZATION OF AN ORDER
To place an order for Products, the Buyer is invited to follow the instructions on the Site. It will have the ability to veriﬁer the details of your order, its total price, and applicable transaction fees(Gas Fees) on the Ethereum blockchain, and to modiﬁer any errors before deﬁrming your order for Products.
The acquisition of the Product will be subject to the possession by Buyer of a MetaMask type crypto wallet, without which the transaction cannot take place.
Once the order is completed on the Site, CARFOOLY will send the Purchaser an email conﬁrming the details of your order and acknowledging receipt.
Full payment for the order will be eﬀected at the time of our conﬁrmation of the purchase of the Product on the Site.
The number of Products offered for sale is necessarily limited. The Buyer waives any claim in the event that the Product is no longer available on the day he/she wishes to place an order.
CARFOOLY will make its best eﬀorts to inform users as soon as possible of any unavailability as soon as all Products are sold out.
All the prices indicated on our Site are expressed in Ethereum ETH and are inclusive of all taxes, but exclusive of the Blockchain registration fees(Gas Fees).
Buyer will be informed of the applicable charges at the time of ﬁnalization of the order, prior to conﬁrming it.
Payment for Products must be eﬀected via a crypto wallet connected to the Site. Payments are debited in Ethereum (ETH).
Ownership of the Product will be transferred to the Buyer upon registration of the transaction on the blockchain.
Only ownership of the non-fungible token, which is an asset of an intangible nature, will be transferred to Purchaser.
The acquisition of a Product does not give the Buyer any property right whatsoever, particularly of an intellectual nature, concerning the object or graphic work to which the Product is attached.
Risk of ownership of the Product shall pass to Buyer upon taking possession of the Product.
CARFOOLY warrants to the Buyer that the NFT does not infringe on the property rights of third parties on the object or graphic work to which it is attached, nor on the property rights of an intellectual nature nor on the rights concerning the attributes of the personality, whether these are the rights of the creators of the object or graphic work, or of third parties.
RESALE OF THE PRODUCT
In case of resale of the Product by the Purchaser, the Purchaser is informed that on the occasion of each successive resale, a sum corresponding to 8% of the amount of the sale will be due to CARFOOLY and will either be paid automatically on the crypto wallet when the sale will take place on specialized NFT resale platforms, or will have to be paid by the Purchaser on the crypto wallet of CARFOOLY.
RIGHT OF WITHDRAWAL
Given the particular nature of the Product subject to the transaction, which implies an instantaneous execution, the Purchaser acknowledges that he/she is informed that his/her right of withdrawal cannot be exercised as provided for in article L.221-28 paragraph 13 of the Consumer Code, the provisions of which are set out below and of which he/she declares to have expressly taken note.
Article L.221-28 paragraph 13 of the Consumer Code:
The right of withdrawal does not can be exercised for the contracts :
13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
GUARANTEES - CLAIMS
Warranty legal :
The seller guaranteeing the conformity of the Product is :
Simplified joint stock company with a capital of €25,000
200, Rue Paul Eluard, 34980 SAINT-GÉLY-DU-FESC
901 614 867 RCS Montpellier
CARFOOLY is responsible for the defects of conformity of the Product. All the Products supplied by CARFOOLY benefit from the legal guarantee provided by the articles 1641 and following of the Civil Code (guarantee of the hidden defects) and the articles L.217-1 to L.217-14 and L.411-1 to L.411-2 of the Code of the consumption (legal guarantee of conformity)
When the Buyer acts in legal guarantee of conformity :
It benefits from of a delay of two (2) years à from of the issuance of the Product for act ;
It is exempted from report the proof of the existence of defect of compliance during the twenty-four (24) months after delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Buyer may decide to invoke the warranty against hidden defects in the item sold as defined in Article 1641 of the French Civil Code. In this case, he/she will only be entitled to rescind the sale and reimburse the price of the Product.
In accordance with Article L. 217-15 of the Consumer Code, the provisions applicable to legal guarantees are reproduced in full below:
" Article L.217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation. installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.. "
" Article L.217-5 of the Code of the Code :
The property is compliant to contract :
- If it is clean à the use usually expected of a property similar and, the case where applicable :
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. accepted. "
" Article L.217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
" Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them."
" Article 1648 of the French Civil Code, first paragraph: The action resulting from redhibitory defects must be brought by the Purchaser within two years of the discovery of the defect.. "
All complaints must be made in advance by e-mail via the "Contact" section of the Site, by e-mail or by telephone to Customer Service, whose contact details ﬁgurent at the ﬁn of these General Terms and Conditions of Sale.
If applicable, the refund if justiﬁé will be eﬀected within thirty (30) days following the acceptance of CARFOOLY, by cryptoactive transfer to the wallet used at the time of purchase used for payment.
The Buyer can also contact the mediation service of the FEVAD (Fédération du E- Commerce et de la vente à distance) by clicking on http://www.fevad.com/espace-consommateurs/ les-reclamations-et-les-recours#topContent
CARFOOLY can in no way be held responsible:
in in case of false information or error of input of his details by the Purchaser ;
in in case of bad use of its identiﬁants or of the mode operation of placing order by the Buyer;
in in case error obvious of aﬃchage of a price derisory price.
CARFOOLY, in all the stages of the process of sale on line, is held only by an obligation of means. CARFOOLY cannot be held responsible for technical or material errors, or for any direct or indirect damage such as loss of data, intrusion,
viruses, service interruptions, other unintentional problems or force majeure resulting from the use of the Internet network or the Site.
CARFOOLY declines all responsibility:
for any interruption of Site ;
for occurrence of bugs ;
for any damage resulting from fraudulent intrusion by a third party leading to a modiﬁcation of the information made available on the Site;
and more generally for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by the access of anyone to the Site or the impossibility of accessing it, as well as the use of the Site and/or the credit given to any information coming directly or indirectly from it. the latter.
In particular, CARFOOLY does not assume any responsibility for damages that could be caused to the computer equipment of the Internet user following his access to the present Site, use
or download any of its elements (data, texts, images, videos or sounds... etc...).
In addition, for maintenance reasons, CARFOOLY may interrupt its service and will eﬀorcera to warn the users beforehand. The user acknowledges that he/she has vériﬁé that the computer conﬁguration used does not contain any virus and that it is in perfect working order.
Inﬁn, CARFOOLY will not be held responsible for the delay, loss or misdelivery of an e-mail, nor for whether or not it is sent to an incorrect e-mail address.
The Buyer acknowledges that CARFOOLY has fulfilled all its obligations of advice and information concerning the essential characteristics and the functioning of the Site.
The Site may include links to other web sites or other sources on the Internet. Insofar as CARFOOLY cannot control these external sites and sources, CARFOOLY cannot be held responsible for the availability of these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources.
In addition, CARFOOLY shall not be liable for any damages or losses, actual or alleged, arising out of or in connection with the access, use or reliance on the content, goods or services available on such external sites or sources.
CARFOOLY will not be held responsible for the direct or indirect consequences of an order cancellation that is not attributable to it, especially in case of disruptions of the Site and generally for any event beyond its control or case of force majeure. In any case, the responsibility of CARFOOLY is limited to the reimbursement of the sums paid for the acquisition of the Product and the related costs, and without prejudice to its rights and recourses.
All the elements (texts, logos, images, graphic or sound elements, software, icons, layout, database,...) contained in the Site and in the associated sites are protected by the national and international law of the intellectual property. These elements remain the exclusive property of CARFOOLY and/or its partners and suppliers, when they are holders of the intellectual property rights aﬀérent there.
For this reason, except prior written authorization of the company CARFOOLY and/or its partners and suppliers, the Buyer cannot proceed to any reproduction, representation,
adaptation, translation and/or transformation, in whole or in part, or transfer to another website of any element of the Site.
Failure to comply with this prohibition may constitute an act of infringement engaging the civil and criminal liability of its author.
CARFOOLY reminds that any creation of a hyperlink to the homepage of this Site or any other page of the Site is subject to the express, prior and written consent of CARFOOLY.
CARFOOLY collects personal data from its customers during their browsing and purchasing activities. To know the details and the modalities, it is advisable to consult the Policy of data protection at the following address: https: //nftouring.io/ policy-relative-to-the-protection-of-personal-data-and-cookies/
In the event that any of the provisions of these Terms and Conditions and the Product Terms and Conditions shall be null and void for any reason whatsoever, the validity and enforceability thereof shall not be affected thereby.
Failure by CARFOOLY to exercise its rights hereunder shall not constitute a deﬁnitive waiver of such rights.
These Terms and Conditions, which include the Product Terms, are governed by French law.
In the absence of an amicable settlement, any disputes relating to orders placed on the Site shall fall under the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or third-party claims.
Without prejudice to any legal action, CARFOOLY is not obliged to give the Purchaser any promotional discount whatsoever, including sponsorship vouchers, free delivery, etc.
It is specified that CARFOOLY adheres to the Code of Ethics of the FEVAD (Federation of E-Commerce and Distance Selling) and to the system of Mediation of E-Commerce of this federation.
These principles of good conduct are codiﬁed in a document oﬃciel, called the "Code of Ethics for E-Commerce and Distance Selling," which can be found at http:// w w w . f e v a d . c o m / u p l o a d s / ﬁ l e s / P u b l i c a 7 o n s / VF230712_FEVAD_lbbpNew_code_d%C3%A9ontological.pdf
The Buyer can therefore contact the mediation service of the FEVAD (Federation of E-Commerce and Distance Selling) by clicking on http://www.fevad.com/espace-consommateurs/les- reclamations-and-recourse#topContent.
In addition, in accordance with the article L.616-2 of the Code of consumption, CARFOOLY informs the Buyer of the existence of the platform put on line by the European Commission which has for object to collect the possible complaints resulting from an on-line purchase of the European consumers and to transmit then the received cases to the competent national mediators. This link is accessible on https://ec.europa.eu/consumers/odr/.
For any information, complaint or question relating to the present Terms and Conditions, the Site, or the Product, you can contact us:
By by email, à at the following address : firstname.lastname@example.org
By mail, à the address postal address following address :
200, Rue Paul Eluard
34980 Saint-Gély-du Fecs