Terms and Conditions
These terms and conditions will be effective immediately for all new customers who register on or after February 15, 2022.
This website is operated by SCULPTEREUM. Throughout the site, the terms "we", "us" and "our" refer to SCULPTEREUM. SCULPTEREUM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms & Conditions", "Returns & Refunds", "Shipping Terms"), including the additional terms and conditions and policies referenced here and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content contributors.
By using the site and the services offered by trust wallet, you acknowledge that you are aware of the risks incurred by purchases on the digital asset market. digital asset markets are decentralized and unregulated. the services provided by SCULPTEREUM therefore relate to unregulated markets that are not governed by any specific European regulatory framework.
Under current French regulations, SCULPTEREUM draws your attention to the following risks related to the acquisition and sale of digital assets:
- a digital asset is not a "currency" within the meaning of article l. 111-1 of the monetary and financial code. only the euro (€) is the legal currency in france;
- digital assets cannot be qualified as "electronic money" within the meaning of article l. 315-1 of the monetary and financial code;
- SCULPTEREUM cannot guarantee the legal status or price of digital assets;
- more generally, a digital asset cannot be considered as a financial instrument. as such, you do not benefit from the protection offered by the protective provisions of the mif ii directive as transposed into french law.
You understand and agree that the service involves assets with a high level of risk not suitable for many buyers. SCULPTEREUM cannot explain all of the risks or how those risks apply to your particular circumstances. if in doubt, you should contact a professional. it is important to fully understand the risks involved before deciding to purchase digital assets. the customer acknowledges that he or she fully understands the risks before deciding to purchase digital assets and must have sufficient financial resources to bear those risks.
Buying in the digital asset market, of any kind, presents a risk to your capital. You should not buy with money you cannot afford to lose.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes will constitute acceptance of those changes.
These general terms and conditions of use (hereinafter the "General Terms and Conditions" or "GTC") define the conditions of access to and operation of the www.sculptereum.com website operated by SCULPTEREUM and indicate the means made available to users (hereinafter the "Users") to use them.
The acceptance of the T&C by the User as indicated above and the version of the T&C thus accepted by the User are kept and archived in the computer systems in an unalterable, safe and reliable way.
The aforementioned GTC are accessible and printable at any time.
Services offered by SCULPTEREUM :
The following services are provided to you by SCULPTEREUM:
- A service to buy connected Sculptures in crypto-assets and fiat currencies.
- A service to create a wallet of crypto-assets in the form of a mobile application "Trust Wallet".
The services offered by SCULPTEREUM are not regulated. SCULPTEREUM is not a regulated financial services provider. SCULPTEREUM is based and provides its services in France.
2. SERVICE OPERATOR
The Site and the Services are operated by SCULPTEREUM S.A.S.U located at 4 route du village 06650 OPIO (hereinafter referred to as "SCULPTEREUM").
SCULPTEREUM can be contacted at the following address:
Postal address : 4 route du village 06650
3. ACCESS TO THE SITE AND SERVICES
To use the Services offered by SCULPTEREUM you must be at least 18 years old. THE SITE IS STRICTLY FORBIDDEN TO THE COUNTRIES MENTIONED IN ARTICLE 9.3 HEREOF.
Your eligibility to access certain Services also depends on the country in which you reside. Users are personally responsible for setting up the computer and telecommunication resources required to access the Site. They are responsible for all telecommunications costs incurred when accessing the Internet and using the Site.
Users are entirely responsible for the proper functioning of their computer equipment, modem and telephone line, and their connection to the Internet. Users will have taken care to ensure that such equipment is free of problems or viruses and has sufficient security to prevent the risk of a third party gaining access to data relating to the Services provided to customers.
Users shall make every effort to maintain such security. In particular, Users shall ensure that there is no risk of hostile programs or viruses accessing and disrupting the Platform's computer systems. In particular, Users shall ensure the security of their computer by using and regularly updating anti-virus and anti-spyware software and a personal firewall.
The Users assume the technical risks related in particular to a power cut, to an interruption of the connections, to a dysfunction or to the overload of the networks or the systems.
Furthermore, Users are aware that they must use the Internet service provider of their choice to access the Internet and SCULPTEREUM. In this context, Users are aware that it is their responsibility to select their Internet service provider and to determine the terms of their relationship with that provider. SCULPTEREUM shall not be responsible for any risks associated with accessing the Internet or transmitting data to or from Users, including, but not limited to, any disputes between Users and their Internet service provider related to the confidentiality/personal nature of the data transmitted, the cost of transmission, maintenance of telephone lines and the Internet, or service interruptions.
The Services are accessible, subject to the restrictions provided on the site:
- to any natural person with full legal capacity to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his or her legal representative;
- any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
4. SCULPTEREUM ACCOUNT AND ACCESS
- 4.1 REGISTRATION OF THE SCULPTEREUM ACCOUNT
To use the Services provided by SCULPTEREUM, you must create a SCULPTEREUM account. You will provide your full name, email address, telephone number, mailing address and agree to the terms of these Terms and Conditions. We may, in our sole discretion, refuse to open a SCULPTEREUM Account, or limit the number of SCULPTEREUM Accounts you may have.
- 4.2 ACCESS
In order to access the Services, you must have the necessary equipment (such as a computer, smartphone or tablet) and associated telecommunications service subscriptions to access the Internet. The Services offered by SCULPTEREUM are directly accessible via the website https://www.sculptereum.com/
5. TRUST WALLET AND CRYPTO-ACTIVE PAYMENT SERVICES
- 5.1 GENERAL
You can make a transaction on the application using one of the following payment methods: credit and debit card or digital assets.
You acknowledge and agree that we do not store the currency and crypto-assets you hold. Nevertheless. When you make a transaction on TRUST WALLET, you acknowledge and agree that it is not a deposit account, which means that you will not be protected by the financial services compensation system.
To purchase a Smart Sculpture in crypto-assets, such as Bitcoins for example, you must follow the appropriate instructions by UTRUST.com on the SCULPTEREUM.com website.
After validating your order, you send the payment or crypto-assets to our account or wallet. Once the payment is validated by our services, we execute the order.
To access their digital asset wallet, Users must have a wallet via the free TRUST WALLET application on their phone in order to securely connect to their wallet with their private key. This wallet operates independently of the Site's services since SCULPTEREUM does not store private keys, only public keys.
Your TRUST WALLET portfolio allows you to send digital assets to third parties, request, receive and store digital assets by giving instructions via trustwallet.com.
- 5.2 SUPPORTED CRYPTO-ASSETS
Our Services are available only in connection with digital assets supported by UTRUST.COM and this may change. Under no circumstances should you attempt to use your Wallet to store, send, request or receive digital assets that the Site and Services do not support. User understands and agrees that SCULPTEREUM assumes no responsibility for any attempt to use your Wallet for unsupported digital assets.
- 5.3 STORAGE OF CRYPTO-ASSETS AND TRANSMISSION DELAYS
SCULPTEREUM does not store the Seed Phrase of the SAVE IT card, which is the means by which the User can approve a transaction, for obvious security reasons. The User understands and acknowledges that he/she is solely responsible for his/her private keys and that SCULPTEREUM is not responsible for them.
- 5.4 TRUST WALLET
SCULPTEREUM has no control over the wallets created upstream. TRUST WALLET is responsible for any problems you may encounter on the mobile application. Accordingly, SCULPTEREUM is not responsible for ensuring that a third party buyer or seller with whom you are dealing completes the transaction or is authorized to do so. If you have a problem with goods or services purchased or sold to a third party using the digital assets transferred using the SCULPTEREUM Service, or if you have a dispute with that third party, the dispute must be resolved directly with that third party.
- 5.5 OPERATION OF CRYPTO-ASSET PROTOCOLS
The User understands that the Digital Assets are controlled by underlying software that governs the operation of the Digital Assets that can be exchanged on the various Exchanges that exist. As a general rule, the underlying protocols are open source and, therefore, anyone can use, copy, modify and distribute them. The said protocols may be subject to sudden changes in the rules of operation ("Forks") and these Forks may impact the value, function and even the name of the asset. The User therefore understands that the information delivered by TRUST WALLET cannot predict Forks and their impact on the value of cryptocurrencies.
- 5.6 CONVERSION FEES
Each payment in crypto-assets is subject to a fee. The applicable conversion fee will be displayed to you on www.utrust.com prior to each transaction and will be indicated in each receipt we send you. These conversion fees are adjustable at any time. We will not process a transaction if the conversion fee and any other associated fees exceed, in the aggregate, the value of the transaction.
SCULPTEREUM reserves the right to:
refuse to complete, block or cancel a purchase of a SCULPTEREUM product;
suspend, restrict or terminate your access to all or part of the Services offered and/or
deactivate or cancel your SCULPTEREUM Account effective immediately for any reason, including, but not limited to:
- If we reasonably suspect that you are acting in violation of this ;
- If we fear an erroneous transaction or suspect a breach of security of your SCULPTEREUM Account or that the Site is being used in a fraudulent or unauthorized manner;
- If we reasonably suspect money laundering, terrorist financing, fraud or any other financial crime;
- If your credit or debit card or other related payment method is declined;
- If the use of your SCULPTEREUM Account is subject to any pending litigation, investigation or governmental proceeding and we find a lack of legal compliance related to the use of your Account
We may suspend, restrict or terminate your access to any or all of the Services offered and/or deactivate or cancel your SCULPTEREUM Account, without cause and without notice. You acknowledge that our decision to take certain actions, including limiting access, suspending or terminating your SCULPTEREUM Account, may be based on confidential criteria essential to our risk management and security protocols. You agree that you will not be required to disclose the details of its risk management and security procedures.
7. INTELLECTUAL PROPERTY
All software, designs, text, images, sound recordings, animations, trademarks (including the name "SCULPTEREUM" and the SCULPTEREUM logo) and other works included in the Site and/or the Services are protected by intellectual property rights and are the property of SCULPTEREUM. These rights are reserved and no ownership rights will be transferred to Users or third parties.
The trademarks and domain names as well as the designs appearing on the Site and the Services are also the exclusive property of SCULPTEREUM.
No license or right other than the right to visit the Site and use the Service is granted to anyone with respect to intellectual property rights.
The reproduction of documents appearing on the Site is only authorized for the exclusive purpose of information for strictly personal and private use.
In this regard, Users may print off one copy and download extracts from any page of the Site and/or the Services for their own personal reference. However, Users shall not modify any hard or digital copies of the materials published on the Site and/or Services offered, printed or downloaded in any way, and shall not use any portion of such materials from the Site and/or Services for commercial purposes or link to the Web site and/or Services without the prior written consent of SCULPTEREUM.
8. USER OBLIGATIONS
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:
The User undertakes, in his use of the Site, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. In particular, the User is solely responsible for the proper completion of all administrative, tax and/or social security formalities and for all payments of contributions, taxes or duties of any kind that may be due in connection with his/her use of the Site. SCULPTEREUM may not be held liable in any way in this regard.
The User acknowledges that he/she has taken note of the characteristics and constraints, particularly technical, of the entire Site. He is solely responsible for his use of the Site.
The User is informed and accepts that the implementation of the Site and Services requires that he/she be connected to the Internet and that the quality of the Site and Services depends directly on this connection, for which he/she is solely responsible.
The User is also solely responsible for the relationships he or she may form with other Users and the information he or she communicates to them in the context of the Services. It is the User's responsibility to exercise appropriate care and discretion in these relationships and communications. The User also agrees, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
The User is solely responsible for messages, content of any kind (editorial, graphic, audiovisual or other, including the name and/or image that the User may have chosen to identify him or her on the Site) and information that he or she puts online on the Site or the Services offered (hereinafter referred to as "Content"), in accordance with the provisions of Law No. 2004-575 of 21 June 2005 on confidence in the digital economy, SCULPTEREUM cannot be held responsible for this Content and SCULPTEREUM has no power to control or monitor it.
SCULPTEREUM has all the rights and authorizations necessary for the distribution of these contents.
The User undertakes to ensure that said Content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is not likely to give rise to civil or criminal liability on the part of SCULPTEREUM.
The User is thus prohibited from distributing, in particular and without this list being exhaustive :
- pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content:
- infringing Content,
- Content that violates the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.
The User acknowledges that the Services offer an additional but not alternative solution to the means he/she already uses to achieve the same objective and that this solution is not a substitute for these other means.
- 8.1 PASSWORD SECURITY
You are responsible for the security of the electronic device through which you access the proposed Services and for the proper security and control of all security details you use to access the Services. This includes taking all reasonable steps to prevent loss, theft or misuse. Any loss or compromise of your electronic device or security information may result in unauthorized access to your SCULPTEREUM Account by others.
- 8.2 BREACH OF SECURITY
If you believe that your SCULPTEREUM Account or security information has been compromised or if you become aware of any fraud, attempted fraud or other security incident (including a cyber attack), you must notify SCULPTEREUM as soon as possible by email: [email protected] and continue to provide accurate and up-to-date information throughout the duration of the security breach. You must take all steps reasonably necessary for us to mitigate, manage or report any security breach. Failure of User to cooperate promptly may be taken into account in our determination of the appropriate resolution of the matter.
- 8.3 EXPORT CONTROL AND SANCTIONS
Your use of the Services offered by TRUST WALLET is subject to international export controls and economic sanctions.
By sending, receiving, buying, selling or exchanging crypto-assets offered through the TRUST WALLET app, you agree to comply with international export controls and economic sanctions.
You are not permitted to acquire crypto-assets or use the Services offered by TRUST WALLET if:
You are, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to the United States embargo, UN sanctions, Her Majesty's Treasury financial sanctions regime, or a country listed on the FATF's list of KYC non-compliant countries (hereinafter a "sanctioned country");
You are a person listed on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List or sanctioned by Her Majesty's Treasury (hereinafter a "sanctioned person");
You are a person listed on one of the following databases:
- Tansparency International
You intend to acquire or provide the Site and Services offered by TRUST WALLET to a country or person sanctioned by the U.S. or British government.
9. GENERAL CONDITIONS
By accepting these terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and that you have given us your consent to allow any minor in your care to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in the course of using the service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Any breach or violation of any of the terms will result in immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell SMART SCULPTURES SCULPTEREUM, or use the service, or access the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or affect these terms.
10. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current information sources. Any use of the content of this site is at your own risk.
This site may contain certain historical information. Historical information, by necessity, is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
11. SERVICE AND PRICE CHANGES
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
12. PRODUCTS AND SERVICES
You agree not to purchase our products for resale online or in person without the express written permission of SCULPTEREUM.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with the Returns & Refunds.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our site. We cannot guarantee that the display of a color on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
13. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
14. OPTIONAL TOOLS
We give you access to a digital book called Note Book that contains all the additional information about the SCULPTEREUM and its ecosystem.
You acknowledge and agree that the information contained in the Note Book is updated by SCULPTEREUM and may not be changed. We guarantee all information in the Note Book.
We may also, in the future, offer new services and/or features through the Site (including, the provision of new tools and resources). These new services and/or features will also be subject to these Terms.
You agree to indemnify, defend and hold harmless SCULPTEREUM and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of another.
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.
If, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any of the terms or provisions of these Terms of Service, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any portion thereof) as a result.
18. ENTIRE AGREEMENT
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. USER WARRANTY
You indemnify SCULPTEREUM against any and all claims, demands, actions, duplication, plagiarism and/or claims that SCULPTEREUM may suffer as a result of User's breach of any of its obligations or warranties under these Terms and Conditions.
It undertakes to compensate SCULPTEREUM for any prejudice it may suffer and to pay all costs, charges and/or fines that it may have to bear as a result.
SCULPTEREUM will use its best efforts to ensure that the Site is accessible, that the Services are available and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the Site or Services may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service. SCULPTEREUM will endeavor to limit the frequency and duration of any such suspension or limitation.
SCULPTEREUM is not responsible :
losses that were not caused by its fault,
business losses (including loss of profit, earnings, contracts, expected savings, data, goodwill or unnecessary expenses), and
losses, indirect or consequential, that were not foreseeable when you began using the Site and/or the Services.
SCULPTEREUM cannot be held liable in the event of misuse of the Site and/or Services by the User, or theft or compromise of his/her connection information. In the event that a User suffers, as a result of an obvious malfunction of the Site and/or the Service not resulting from misuse, any direct or indirect damage, loss of sales or opportunities, incidents or losses, SCULPTEREUM may not be held liable under any circumstances.
SCULPTEREUM will only be liable for loss or damage caused directly and reasonably foreseeable by its breach of these Terms and SCULPTEREUM's liability in such circumstances is limited as set forth above.
We do not warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may withdraw the service for indefinite periods or cancel the service at any time without notice.
You agree that SCULPTEREUM is no longer responsible for damage to the Smart Sculpture once the original packaging is opened by the user.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall SCULPTEREUM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage of any kind, whether direct, indirect, incidental, punitive, special or consequential, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if you have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
21. PROHIBITED CONDUCT
It is strictly prohibited to use the Site or the Services for the following purposes:
- Carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties;
- Infringement of public order or violation of laws and regulations in force;
- Intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security.
- Sending unsolicited emails and/or commercial prospecting or solicitation;
- Manipulations intended to improve the referencing of a third party site;
- Aiding or abetting, in any form or manner, one or more of the acts and activities described above;
- And more generally, any practice diverting the Services to purposes other than those for which they were designed.
It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies and other elements of the Site and the Services offered.
The following are also strictly prohibited:
(a) tous comportements de nature à interrompre, suspendre, ralentir ou empêcher la continuité des Services ;
(b) toutes intrusions ou tentatives d’intrusions dans les systèmes de SCULPTEREUM ;
(c) tous détournements des ressources systèmes de SCULPTEREUM ;
(d) toutes actions de nature à imposer une charge disproportionnée sur les infrastructures de ce dernier ;
(e) toutes atteintes aux mesures de sécurité et d’authentification ;
(f) tous actes de nature à porter atteinte aux droits et intérêts financiers, commerciaux ou moraux de SCULPTEREUM ou des utilisateurs de son Site. Et enfin, plus généralement,
(g) tout manquement aux présentes conditions générales.
It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.
22. SANCTIONS FOR NON-COMPLIANCE
In the event of a breach of any of the provisions of these terms and conditions or, more generally, a breach of the laws and regulations in force by a User, SCULPTEREUM reserves the right to take any appropriate action and in particular to :
suspend or terminate the access to the Services of the User, author of the breach or infringement, or having participated in it;
Delete any content posted on the site;
To publish on the site any message of information that SCULPTEREUM will consider useful;
Notify any relevant authority;
Initiate any legal action.
23. SCULPTEREUM'S LIABILITY AND WARRANTY
SCULPTEREUM undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
SCULPTEREUM has no knowledge of the content you upload in the context of the creation of the Sculptereum Account, on which it does not perform any moderation, selection, verification or control of any kind and with respect to which it acts only as a hosting provider.
Consequently, SCULPTEREUM cannot be held responsible for Content whose authors are third parties, and any claim should be directed in the first instance to the author of the Content in question.
SCULPTEREUM undertakes to carry out regular checks to verify the operation and accessibility of the www.sculptereum.com site. In this regard, SCULPTEREUM reserves the right to temporarily interrupt access to the Site and the Services for maintenance purposes. Likewise, SCULPTEREUM shall not be held responsible for any temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure (see Article 27), or due to disruptions in the telecommunications networks.
SCULPTEREUM does not warrant to Users that (a) the Services, being subject to constant research to improve performance and progress, will be completely free of errors, defects or deficiencies, or (b) the Services, being standard and not offered solely for the benefit of a particular User based on that User's own personal concerns, will specifically meet that User's needs and expectations.
In any event, the liability that may be incurred by SCULPTEREUM hereunder is expressly limited to proven direct damages suffered by the User.
Under this Guarantee:
1. SCULPTEREUM warrants that the Smart Sculptures will be free from defects in materials and workmanship that arise from normal use in accordance with the appropriate "Note Book" user manual for the duration of the Warranty Period (defined below).
2. Valid Product Warranty :
- for the warranty against hidden defects, for a period of 12 months from the discovery of the defect (the "Validity Period of the Warranty against Hidden Defects").
3. During the Guarantee Period :
- In the event of a lack of conformity found in the Product, SCULPTEREUM or a repair agency will repair or replace the Product or any appropriate part thereof, in accordance with the conditions set forth in Article L217-9 of the French Consumer Code (see "Your Rights" below).
- In the event of a defect due to a latent defect in the Product, the purchaser may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code (see "Your rights" below).
4. No charge, whether for parts, labor or otherwise, shall be made to the customer for the repair of the defective Product covered by the Warranty during its Term. All Products, defective equipment or defective chips that have been replaced are the property of SCULPTEREUM.
5. In the case of a replaced or repaired Product or part, the Warranty shall remain in effect for the remainder of the Term of such Product or for 3 months from the date of repair, whichever is longer.
6. The consumer or purchaser will be asked to provide the original purchase receipt or any documentation or information necessary or required by applicable law regarding proof of purchase. In the event that such information is not provided or is incomplete or illegible, SCULPTEREUM reserves the right to refuse to provide the above service in the event of a Warranty claim.
7. This Warranty does not cover defects or damage resulting from:
a. Normal wear and tear of the equipment.
b. Defects and damage caused by other than normal and customary use of the equipment.
c. Unauthorized modification, alteration, repair or disassembly.
d. Misuse, abuse, neglect or accident from any cause.
e. Defects or damage resulting from improper use, maintenance, installation or testing or any alteration or modification.
f. Spilled food or liquids, corrosion, rust or improperly applied tension. g. Scratches or damage to painted surfaces and other exposed exterior parts as a result of normal use.
h. Any damage, loss or theft of the SAVE IT card is not covered by SCULPTEREUM.
i. Any use that does not conform to the use described in the Note Book.
j. Responsibility for problems or bugs encountered on the TRUST WALLET application, as well as the loss or theft of crypto assets on it.
k. This Warranty does not apply to:
a) If the plate under the base or the chips are illegible, erased or have been removed,
b) If no proof of purchase or authentication has been provided.
c) If the products are broken, damaged or stolen.
d) If you no longer have the original packaging.
24. TERMS OF DELIVERY
We strive to maintain a maximum of 72 hours days to prepare an order. These times do not include weekends or holidays and may vary depending on the volume of demand.
An e-mail message will automatically be sent to you upon shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.
Delivery time & costs
During the ordering process, SCULPTEREUM will indicate the possible delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. You will be charged the amount of the costs due in addition to the price of the PRODUCTS purchased.
The details of the delivery times and costs are detailed on the WEBSITE www.sculptereum.com
Terms of DELIVERY
The parcel will be delivered to you against signature and on presentation of an ID card within 72 hours maximum from the shipment of the parcel. This factor may vary depending on your location.
In case of absence, a notice of passage will be left to you, in order to allow him to go and collect his parcel in his post office.
The CUSTOMER can also choose a delivery in a relay point.
You are informed of the delivery date when you choose the carrier, at the end of the online ordering process, before you confirm the order.
It is specified that deliveries will be made within 30 days maximum. If you fail to do so, you must give SCULPTEREUM formal notice to deliver within a reasonable period of time and, in the event of non-delivery within this period, SCULPTEREUM may terminate the contract.
SCULPTEREUM will refund, without undue delay after receipt of the termination letter, the total amount paid for the PRODUCTS, including taxes and shipping charges, using the same method of payment you used to purchase the PRODUCTS.
SCULPTEREUM is responsible until the PRODUCT is delivered at its destination. You are reminded that you have a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.
Shipping FRANCE : Colissimo, Mondial Relais
Shipping EUROPE : Colissimo, DHL, Mondial Relais
Shipping INTERNATIONAL : DHL, UPS
You are responsible for shipping costs, if the shipment is subject to customs duties and taxes, payable by you.You are responsible for shipping costs, if the shipment is subject to customs duties and taxes, payable by you.
25. RETURN AND REFUND POLICY
Our standard return policy lasts 30 days. If 30 days have passed since your purchase, we generally cannot offer refunds or exchanges. REFUNDS (IF ANY)
REFUNDS (IF ANY)
All Smart Sculptures must be returned in their original packaging with their SAVE IT Card and card holder, so that they can be returned safely. Once we receive your return, we will send you an email to inform you that we have received your returned item. We will also notify you if your refund has been approved or rejected.
If your request is approved, your refund will be processed and a credit will automatically be applied to your credit card or original payment method.
LATE OR MISSING REFUNDS (IF ANY)
It may take some time for your refund to be officially posted.
If you have not received your refund or package within 30 days of checkout, please contact us at [email protected]
EXCHANGES (IF ANY)
We will replace any Smart Sculpture that arrives damaged or defective within 30 days of the order confirmation date. Please note that minor manufacturing imperfections may be apparent due to handcrafting and cannot be considered as manufacturing defects. You will be reimbursed for the return shipping costs. If you wish to change your Smart Sculpture, please note that it is impossible to change your Smart Sculpture number. Email us at [email protected] and send your item back to :
SCULPTEREUM - 4 route du village 06650 Opio, FRANCE.
You will be responsible for paying your own shipping costs for the return of your item. Shipping charges are non-refundable unless the product package arrived broken.
Upon request, we can provide you with a prepaid return label and deduct the shipping costs from your refund.
The delivery time of your exchanged product may vary depending on where you live.
Article L221-23 states that the CUSTOMER shall return or restitute the goods to the professional, without undue delay and, at the latest, within 14 days following the communication of his decision to withdraw, unless the professional proposes to recover the goods himself. It should be noted that the shipping costs are at the expense of the CUSTOMER and are not refundable.
26. DATA PROTECTION
- 26.1 OWNERSHIP OF USER DATA
The User remains the exclusive owner of the data entrusted to SCULPTEREUM, with the exception of Client Data and Personal Data. The Service and all of its contents are the exclusive property of the Company. The Company grants each Client User only a non-exclusive, non-transferable and temporary right to use the Service.
- 26.2 CONFIDENTIALITY OF USER DATA
The Company may not use, reproduce, adapt, modify, publish or distribute the User Data for any purpose whatsoever without your express permission. By using the Site and the Services offered by SCULPTEREUM, the User entrusts SCULPTEREUM with information and documents in the form of files or text.
You retain full ownership of this information. The Company does not claim any ownership rights to it, only the public key of each TRUST WALLET wallet is kept by SCULPTEREUM when each SAVE IT card is created for authentication purposes. These Terms and Conditions do not grant any rights to such information or intellectual property, except for the limited rights required for the performance of the Site and/or the Services offered.
SCULPTEREUM uses all appropriate means to ensure the protection and confidentiality of the collection, storage and processing of User Data. This obligation includes storing User Data on certified and secure infrastructures.
If we are acquired by or merged with another company, your information may be transferred to the new owners so that we can continue to sell you products.
- 26.3 MODIFICATION OF PERSONAL INFORMATION
You have the right to review, correct or amend your personal information, or to delete such information if it is inaccurate. You may do so at any time by logging into your account and clicking on the "My Account" tab.
You have the possibility to revoke your consent, regarding your personal data, at any time by sending an email to [email protected] with the subject "Revoke data consent". This right of rectification may be limited only in the event that the burden of providing access to the data would be disproportionate to the risks to your privacy or where the rights of persons other than you would be violated.
27. ALERT PROCEDURE AND REPORTING OF ABUSE
If you believe that there has been a violation of your rights on the Site and/or the Services, you may notify SCULPTEREUM by registered mail with acknowledgment of receipt, including the following information
If you are a natural person: name, surname, date of birth, nationality, domicile, profession. If you are a legal entity: form, company name, registered office, legally representative body.
A precise description of the contentious content and the precise url address at which it is located on the Site.
The reasons why this content must be removed with the mention of the applicable legal provisions.
28. MAJOR FORCE
Any event beyond the control of the parties that cannot reasonably be foreseen and overcome shall be considered a force majeure event. Thus, the Company shall not be held responsible for delays or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as: acts of God, weather disturbances, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public unrest, acts or omissions on the part of other telecommunication operators, or other events beyond the reasonable control of the Company.
Any circumstances of this nature occurring after the conclusion of the contract and preventing the execution under normal conditions of the service are considered as a cause of exoneration of all or part of the obligations of the parties. Consequently, the Company shall not be held responsible for any resulting interruptions of services.
How do you get my consent? When you provide us with your personal information to complete a transaction, verify your credit card, place an order, schedule a delivery or return a purchase, we assume that you consent to our collection and use of your information for this purpose only. If we ask you to provide your personal information for any other reason, such as marketing purposes, we will ask you directly for your express consent, or we will give you the opportunity to decline. How do I withdraw my consent? If, after you have given us your consent, you change your mind and no longer consent to our contacting you, collecting your information or disclosing it, you may notify us by contacting us at [email protected]
30. DISCLOSURE We may disclose your personal information if we are required to do so by law or if you violate our Terms and Conditions. Payment : If you make your purchase through a direct payment gateway, your credit card information will be stored in a secure database. This information is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction information is retained for as long as necessary to complete your order. Once your order is finalized, the purchase transaction information is deleted. All direct payment gateways are PCI-DSS compliant, managed by the PCI Security Standards Council, which is a joint effort of companies such as Braintree, Paypal, Visa, MasterCard, American Express and Discover.
The requirements of the PCI-DSS standard ensure the secure processing of credit card data by our store and its service providers.
SCULPTEREUM reserves the right to insert on any page of the Site and Services offered and in any communications to Users any advertising or promotional messages in a form and under conditions to be determined by SCULPTEREUM.
32. LINKS AND THIRD PARTY SITES
SCULPTEREUM shall in no event be liable for the technical availability of websites or mobile applications operated by third parties (including any of its partners) that the User may access through the Site.
SCULPTEREUM is not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User may be directed through the Site and shall not be a party to any dispute with such third parties regarding, among other things, the delivery of products and/or services, warranties, representations and other obligations of any kind to which such third parties are bound.
SCULPTEREUM reserves the right to modify at any time the price of the Smart Sculptures and the present general conditions. You will be notified of such changes by any means necessary. If you do not agree to the modified Terms and Conditions do not use the Site and the Services offered.
If you use the Site and the Services offered after the entry into force of the modified terms and conditions, you are deemed to accept these modifications.
In the event of a translation of these 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.
In the event that a court should declare any provision of these terms and conditions invalid or void, such declaration shall not invalidate the entirety of these terms and conditions and all other provisions hereof shall remain in full force and effect.
36. DISPUTE RESOLUTION
The present general conditions are governed by French law.
For all disputes arising between you and the Company in connection with the formation, interpretation and performance of this Agreement, the Parties agree to submit their dispute, prior to any legal proceedings, to conciliators, each of the Parties appointing one, except in the event that they agree on the choice of a single conciliator. This appointment shall be made no later than fifteen (15) days after the dispute arises. The two conciliators shall appoint a third conciliator.
The conciliator(s) shall endeavor to settle the difficulties submitted to him/her and to obtain the acceptance of an amicable solution by the Parties within a maximum period of three (3) months from his/her/their appointment. The costs and fees relating to the conciliation procedure shall be borne by each of the Parties in respect of the conciliator appointed by it and by both Parties, in equal shares, in respect of the sole conciliator or the third conciliator. In the absence of conciliation, the parties agree that the courts of Nice shall have exclusive jurisdiction to rule on the matter, except for mandatory procedural rules to the contrary.
The PRODUCTS are shipped to the delivery address(es) you have indicated during the ordering process.