Preamble :
Very significant : Please note that only the French text of the General Conditions of Sale remains the reference document ; this english translation remains only a way to help you in understanding the terms of sale.
The site “Talking Card Gamer” is an online sales site for products and assistance solutions for the blind, belonging to the company “Blindness Help & Solutions”, whose head office is: Residence Les Lys 2, 167 Av Auguste Plane 83500 – SEYNE SUR MER – FRANCE, registered under the number 814 006 052 RCS TOULON; The director of the publication is Mr. Michel Garnier. The contact email is: contact@talkingcardgamer.com. The present general sale’s Confitions (hereinafter designated by GSC in this document) govern any use of the products, services or advantages of the site www.talkingcardgamer.com.
1: Purpose
The Talking Gamer Concept include the “Talking Gamer System App©” with his reading device and other applications to help blind people. The official name of this company is “Blindness Help & Solutions”, named hereafter as BHS.
Any purchase of products or services belonging to BHS implies unconditional acceptance of the GSC : any consumer is an adult person, not a trader: it buys for its own use, unless explicitly agreed with BHS. It guarantees to the Company Blindness Help & Solutions all veracity of the information provided when ordering.
Every buyer acknowledges having read and accepted without reservation all of these Terms : if it not checks the appropriate box for the validation of this conditions , the customer can’t finalize this order on the www.talkingcardgamer.com internet site.
2: Prices
The prices of the products sold are those in force on the day of the order. They are calculated in euros; it’s without any French VAT fees; This billing method can be modified in the future, and the VAT will therefore be invoiced for any order sent : in this case, the customer will be informed before finalizing his order. Therefore, and before this eventuality, they will only be increased for shipping charges applicable on the date of the order.
The BH&S company reserves the right to change prices at any time. However, it undertakes to invoice the goods ordered at the price indicated at the date of the order registration.
3: Discounts and rebates .
The price list may include promotional codes, discounts or rebates that the company Blindness Help & Solutions could grant for the customer . In this case the promotional code must imperatively be joined to the customer order.
4 Discount:
No other discount will be granted, except special clause heard between the customer and the BHS Company.
5: Payment terms:
The order of payment is only , by Visa ,or Paypal® via the secure payment module present on the website; it may be made after approval from the BH&S company , by Swift Credit Transfer.
6: Late payment :
In case of default of total or part payment of goods delivered on the day of receipt, the purchaser must pay to the BHS Company one penalty equal to three times the legal interest. The interest rate is the legal interest rate in force in France , at the date of delivery of goods.
As of 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014).
This penalty is calculated on the amount of the outstanding sum, and runs from the due date of the price without any prior notice being required. In addition of the delay damages, any amount, including the deposit, not paid by its due date occur automatically the payment of a lump sum of 40 euros due for recovery costs. Articles 441-6, paragraph 12 I and D. 441-5 of the Commercial Code.
7 – Termination clause:
If within fifteen days following the implementation of the clause “payment delay”, the buyer has not paid any sums due, the sale will be automatically canceled and may entitle the allocation of damages in favor of the BH&S Company .
8: Property :
The BH&S Company remains ownership of goods until full payment, principal and accessories. As such, if the buyer is subject to reorganization or liquidation, the company Blindness Help & Solutions reserves the right to claim, as part of the bankruptcy proceedings, the goods sold and remained unpaid .
9: Delivery:
In Europe, by Point Relay® or Colissimo® , or by Postal Shipment or Colissimo International outside the European Community, according to the choice verified by the customer on the order form of the site, or on the Paypal invoice sent to him. The delivery is made either by sending a notice of delivery to the POINT RELAY® notified buyer, or to the place indicated by the buyer on the order form of the site. The delivery time indicated on the order is given as an indication and is not guaranteed. Consequently, any reasonable delay in the delivery of the products will not benefit the buyer: compensation or cancellation of the order.
VERY IMPORTANT: The buyer assumes the entire risk of deterioration of the package and deterioration during transport if it does not comply with the following procedure: The customer is fully responsible for checking the condition of the package and before any signature the final delivery document. he must unpack it in the presence of the deliverer or the delivery point agreed with BHS; he must, in particular, notify the delivery person of any deterioration of the parcel; any non-compliance with this rule automatically cancels the replacement of the product received by the customer.
10: Problems not attributable to BHS
The responsibility of BHS Company can not be engaged if the non-performance or the delay in the execution of one of its obligations described in these general conditions results from a case of absolute necessity. As such, the term “force majeure” includes any unforeseeable external reason within the meaning of Article 1148 of the French Civil Code.
11: Return of purchased product
This period is governed by the French decree Art. L. 121-21. It validates the right of withdrawal to 14 days.
VERY IMPORTANT: in this case, the purchase will be refunded, excluding shipping costs paid by BH & S Company when sent to the customer , and at his expense, provided that the object returned remains in perfect operating conditions, as they were characterized when it was received by the customer, without any material damage (scratches on the screen, damaged reading support, etc …) during the retraction period: the fact of making voluntary modifications of software or material provided, violation of the computer system license by any means voids any possibility of return and refund of the item. Any return by the customer causing damage to all equipment due to poor packaging conditions, duly noted by BHS and reported to the customer, will automatically cancel the refund conditions.
12: Return for the after-sales service:
If the product is out of order and after agreement of BH & S, the repairs are supported under warranty for a year, only in our workshops: the sending costs for return to after sales service are at his expense.
It should be noted that any action of manipulation without accord with BH&S , disassembly of any part of the whole, intervention on the smartphone and on the Software Android or one of the Application Talking Card gamer or BH&S Audiopillbox, on the console or on one of its components by the user void the guarantee.
13: Jurisdiction:
Any dispute or problem relating to the interpretation and execution of these general conditions of sale is subject to French law.
in the absence of an amicable resolution, the dispute will be brought before the court of Toulon-La-Seyne-sur-Mer. La France .
Updated at La Seyne sur Mer – F-83500, on June 30, 2019 .
Michel Garnier President.
The website www.talkingcardgamer.com is published by the company “BLINDNESS-HELP & SOLUTIONS” – F – 83500 – LA SEYNE SUR MER