General terms and conditions of sale.
General terms and conditions of sale.
Effective Date: March 7, 2025
1. Object
These general terms and conditions of sale apply without restriction or reservation to all online sales offered by PURPLE on the website https://p1sim.fr/ "the Site").
The Site is an e-commerce platform, which allows buyers (" Buyers ") to acquire computer peripherals used as video game controllers ("Products").
The purpose of these general terms and conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time by a direct link at the bottom of the page of the Site.
The applicable version of the general terms and conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to the Buyer with its order confirmation.
These general terms and conditions of sale take precedence over any other general or special terms and conditions not expressly approved by PURPLE.
They may be supplemented, where appropriate, by terms and conditions of use specific to certain Products or services offered on the Site, which supplement these general terms and conditions and, in the event of any contradiction, prevail over them.
2. Seller's identity and contact
The Site is operated by the company PURPLE, a simplified simplified SAS registered with the Antibes Trade and Companies Register under number 909 074 163 Registered office: 425 rue de Goa Cargo A03, 06600 ANTIBES France ("PURPLE"), which offers the Products for sale.
PURPLE can be contacted at the following contact details, in particular for any complaint:
Postal address: 425 rue de Goa Cargo A03, 06600 ANTIBES France
Phone: +33 6 99 68 95 24
Email: showroomsectorone@rssimmonaco.com
3. Legal capacity and acceptance of terms and conditions
3.1 Legal capacity
The Site is accessible:
- To any natural person with full legal capacity to enter into these general terms and conditions. A natural person who does not have full legal capacity may only access the Site with the consent of his or her legal representative.
- Any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
The Buyer is a consumer.
3.2 Acceptance of the Terms and Conditions
The acceptance of these general terms and conditions by the Buyer is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void.
The Buyer who does not agree to be bound by these general terms and conditions must not place an order on the Site.
4. Registration on the Site
4.1 The Buyer who wishes to place an order can register on the Site by filling in the form provided for this purpose on the Site. This registration is not mandatory.
In all cases, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the name of the Buyer (the "Account"), which allows the Buyer to manage his purchases in the form and according to the technical means that PURPLE deems most appropriate.
The Buyer warrants that all information provided by the Buyer in the registration form is accurate, up-to-date and truthful and is not misleading.
He undertakes to update this information in his Account in the event of changes (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.
4.2 The Buyer may access his Account at any time after having identified himself using his login ID and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility for it.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using the latter being deemed to have been made by the Buyer. The latter must immediately contact PURPLE at the contact details mentioned in the article "Identity of the seller and contact" hereof if he notices that his Account has been used without his knowledge. It acknowledges that PURPLE has the right to take all appropriate measures in such a case.
5. Product Features
Before any online order and in application of the provisions of Article L111-1 of the Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he wishes to order.
The Products are offered for sale online within the limit of available stocks.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on PURPLE for what is specifically indicated. However, the Buyer is informed and accepts that certain characteristics of the Products, and in particular their colour, may not correspond exactly to the photographs presented on the Website, due to technical constraints.
6. Order
6.1 Placing an order
To place an order, the Buyer must select the Product of his choice and place it in his shopping cart.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is deemed to have been received by PURPLE when it has access to it.
In the event that an Account has not been created, the Buyer is invited to provide his contact details for delivery and invoicing purposes. He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.
The Buyer warrants that all information provided by the Buyer in the order form is accurate, up-to-date and truthful and is not misleading.
He is informed and accepts that this information is proof of his identity and binds him as soon as it is validated.
6.2 Order Confirmation
At the end of the order, the Buyer will receive a confirmation of the order by email which:
(i) summarises the elements of the order and the expected delivery time,
(ii) includes the general terms and conditions in force on the day of the order,
(iii) includes the invoice corresponding to the order.
The Buyer must ensure that the contact details entered in his Account or communicated during his order are correct and that they allow him to receive the confirmation email of his order. If the buyer does not receive it, he must contact PURPLE at the contact details mentioned in the article "Identity of the seller and contact".
PURPLE recommends that the Buyer retain the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when it can be accessed.
7. Prices and payment terms
7.1 Price
The sale prices of the Products are displayed on the Site.
PURPLE reserves the right, at its sole discretion and under terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
Prices do not include any delivery costs that may be applicable to the delivery of the Products, which are charged in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the order is validated by the Buyer.
The applicable price is the one displayed on the Site at the time of registration of the Buyer's order.
7.2 Payment terms
The full price of the Products is due at the time of order.
Payment can be made online by credit card, through the secure online payment service indicated on the Site or by any other means that will be offered on the Site at the time of ordering.
The Buyer guarantees to PURPLE that it has the necessary authorizations to use the chosen payment method.
PURPLE reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
7.3 Invoicing
Purchase invoices will be sent to the Buyer by any useful means.
7.4 Retention of title
PURPLE retains full and complete ownership of the Products sold until the price has been fully collected, including delivery costs.
8. Delivery
Delivery territories are indicated on the Site.
8.2 Delivery methods
The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product by this method.
8.3 Delivery times
Delivery is made within the time frame indicated in the order confirmation email.
In the absence of delivery within the above period, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having ordered PURPLE, in the same manner, to make the delivery within a reasonable additional period, it has not complied within this period.
The contract shall be deemed to be terminated upon receipt by PURPLE of the letter or writing informing it of such termination, unless it has been fulfilled in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer will be reimbursed for all sums paid, including delivery costs, no later than 14 days from the date on which the contract is terminated.
PURPLE reserves the right in any event to approach the Buyer in order to offer alternative solutions for the reimbursement of the price of the Products and delivery costs. The Buyer must explicitly express its acceptance of the choice of an alternative method of reimbursement on a durable medium.
9. Right of withdrawal
The Buyer has a period of 14 days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at its expense and which it must pay. When the order relates to several Products delivered separately, the above period runs from the receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send to PURPLE at the contact details mentioned in the article "Identity of the seller and contact", before the expiry of the above period, the withdrawal form annexed to these general terms and conditions, duly completed, or a declaration clearly expressing his wish to withdraw and including his order number.
The Products must be returned to PURPLE in their original packaging and in new and working condition, without undue delay and at the latest within 14 calendar days of the Buyer's communication of his or her wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed liable in the event of deterioration of the Products when they are returned to PURPLE.
The Buyer will be reimbursed as soon as possible and at the latest within 14 days from the date of effective receipt by PURPLE of the request for withdrawal of all the sums paid for his order, less any return costs, which remain at the expense of the Buyer. However, PURPLE reserves the right to defer this refund until the actual recovery of the Products.
10. Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects in the item sold, including defects of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform PURPLE at the contact details mentioned in the article "Identity of the seller and contact", indicating the nature of the defect, non-conformity or damage observed and sending him any useful proof, Especially in the form of photograph(s).
PURPLE will arrange with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. PURPLE will bear the costs of this return.
PURPLE will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, PURPLE will reimburse the Buyer for the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days of the date on which PURPLE has informed the Buyer of the impossibility of replacing the Product.
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Reminder of the provisions of the Consumer Code:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if: 1° The professional refuses to repair or replace the property; 2° The repair or replacement of the property takes place after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacing goods; 4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished item.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund against return of the item.
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11. Obligations of Buyers
Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing the said Products.
They must also take the necessary steps to back up by their own means the information in their Account that they deem necessary, no copy of which will be provided to them.
Finally, it is the responsibility of the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.
12. Liability of PURPLE
12.1 PURPLE undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, PURPLE reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, PURPLE cannot be held responsible for temporary difficulties or impossibilities of access to the Site which would be caused by circumstances beyond its control, force majeure, or which would be due to disruptions in the telecommunications networks.
12.2 PURPLE cannot be held liable for the non-performance or delay in the performance of the sales contracts due to circumstances beyond its control or a case of force majeure, as defined in Article 1218 of the Civil Code.
12.3 In any event, the liability that may be incurred by PURPLE hereunder is expressly limited to the only direct damage proven by the Buyers
13. Intellectual property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) operated by PURPLE within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of PURPLE is strictly prohibited and may be subject to legal proceedings.
14. Personal data
PURPLE undertakes to comply with all legal and regulatory obligations incumbent on it in terms of the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version known as the Data Protection Act and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.
To find out more about the management of their personal data and their rights, the Buyer is invited to read PURPLE's privacy policy, accessible here.
15. Advertising
PURPLE reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which PURPLE will be the sole judge.
16. Third-Party Links and Sites
PURPLE may not be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer may access through the Site.
PURPLE assumes no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
PURPLE is also not responsible for any transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer may be directed through the Site and may not be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, warranties, representations and other obligations of any kind to which such third parties are bound.
17. Prohibited Conduct
17.1 The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Website, (ii) any intrusions or attempted intrusions into PURPLE's systems, (iii) any misappropriation of the Website's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to infringe the financial, commercial or moral rights and interests of PURPLE or the users of its Site, (vii) any practice that misuses the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general terms and conditions or the laws and regulations in force.
17.2 It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
17.3 Any commercial exploitation of the Products by the Buyers is prohibited, and in particular any resale or distribution for consideration.
17.4 In the event of a breach of any of the provisions of this article or, more generally, of violations of laws and regulations, PURPLE reserves the right to take all appropriate measures and to take any legal action.
18. Unsubscribe
The unsubscription is effective within a maximum period of 7 days from this request. It results in the automatic deletion of the Buyer's Account.
19. Changes
PURPLE reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable terms and conditions will be those in force on the date of the Buyer's order.
20. Tongue
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
21. Registration on the list of opposition to telephone canvassing
In accordance with Law No. 2014-344 of 17 March 2014, the Buyer is informed that, as a consumer within the meaning of the Consumer Code, he or she has the possibility to register free of charge on the BLOCTEL (www.bloctel.gouv.fr) list of opposition to telephone canvassing in order to no longer be canvassed by telephone by a professional with whom he or she does not have a current contractual relationship.
22. Mediation
The Buyer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to the performance of these terms and conditions that may be between it and PURPLE, under the conditions provided for in Articles L611-1 et seq. of the Consumer Code.
To this end, he may contact the following consumer mediator:
Consumer Mediation Center for Justice Conciliators (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone : 01 89 47 00 14
23. Governing Law
These general terms and conditions are governed by French law.