FAQ

How can I cancel my order?

Remplissez le formulaire avec votre e-mail et numéro de commande.

Do I need to provide a reason?

The reason for withdrawal is optional; you can leave it blank.

When will I receive my refund?

The refund is generally processed within 14 days after receipt of your request.

Make sure that your information is correct before submitting the form.

What should I do if I do not receive a confirmation?

Can I modify my request?

Contact us promptly if you need to make any changes to your form.

YOBA3DDESIGN

Terms and Conditions of Sale – October 31, 2024

1. General Provisions

1.1 These Terms and Conditions of Sale (the “Terms and Conditions”) apply to all sales of YOBA3DDESIGN products made through the website yoba3ddesign.com.

1.2 The sale of the Products covered by these Terms and Conditions is exclusively reserved for consumers (the “Clients” or “Client”) who are individuals acting outside the scope of any commercial or professional activity and who are over 18 years of age.

1.3 The language in which a sales contract may be concluded through this website is French.

1.4 Customers are advised to read these Terms and Conditions carefully. They are available on the website so that Customers can review, retain a copy and reproduce them. YOBA3DDESIGN may send a copy of the Terms and Conditions to the Customer in accordance with Section 5.10 below. Sales contracts entered into with Customers will be archived by YOBA3DDESIGN for the retention period required by applicable law.

2. Identification of the Supplier

2.1 The Supplier is YOBA3DDESIGN, whose registered office is located at 84 chemin de la vigne 69170 Joux, France, email: yoba3ddesign@gmail.com, The Supplier is not subject to VAT. Company registration number: 48150791100040.

3. Product Information and Availability

3.1 The website provides information about the Products (including the relevant Product codes) and the applicable prices.

3.2 YOBA3DDESIGN reserves the right, at any time, to limit the quantities and/or types of Products available on its website. The style, designs and colours of the Products described on the website may be changed without prior notice. During the purchasing process, an automatic notification will inform the Customer if an order cannot be processed due to the unavailability of the Product ordered. YOBA3DDESIGN shall not be liable to the Customer for the unavailability of a Product prior to the conclusion of the contract.

3.3 There is no limit on the maximum number of units of each Product that the Customer may include in their order proposal.

3.4 Under no circumstances shall YOBA3DDESIGN be held liable for any errors resulting from a failure of the Customer’s connection to the website.

4. Prices

4.1 The prices of the Products displayed on the website are stated in Euros and include all applicable taxes and fees. Any applicable shipping costs will be added to the price of the Products and will be clearly indicated separately in the order form, in accordance with the requirements of applicable law.

4.2 YOBA3DDESIGN regularly checks the accuracy of the prices of the Products displayed on the website. However, YOBA3DDESIGN cannot guarantee that the website is completely free from errors. If an error is identified in the price of a Product, YOBA3DDESIGN will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is identified after the order has been accepted, YOBA3DDESIGN will also give the Customer the option to cancel the order.

5. Performance of the Contract

5.1 The essential characteristics and price of each Product are displayed on the website. The information displayed on the website does not in any way constitute an offer by YOBA3DDESIGN.

5.2 Before placing an order through the website, the Customer must carefully read all the instructions provided during the purchasing process, including information regarding any applicable shipping costs, the Customer’s right to withdraw from the contract and the conditions applicable to that right, the personal data protection policy, and these Terms and Conditions.

5.3 To purchase Products, the Customer must (i) add the selected Products to the shopping cart by clicking the relevant button, (ii) complete the order proposal, (iii) select the payment method, (iv) accept these Terms and Conditions, and (v) submit the order proposal to YOBA3DDESIGN through the website.

5.4 Submitting the order constitutes an offer to purchase the selected Products, subject to these Terms and Conditions, and is binding on the Customer, without prejudice to the right of withdrawal provided for in Section 10. By submitting the order proposal, the Customer undertakes to pay the price of the Products ordered.

5.5 Any errors or changes in the information entered by the Customer in the order proposal may be corrected by the Customer by following the procedure described on the website before submitting the order proposal. For example, the Customer may choose to change the quantity of Products they wish to purchase by adding or removing one or more items from their shopping cart.

5.6 The order proposal and the Customer’s data relating to the order proposal will be retained by YOBA3DDESIGN for the period required by applicable law, as set out in the Privacy Policy.

YOBA3DDESIGN may reject any order proposal within 30 days of receiving such proposal. In such a case, no payment shall be due by the Customer to YOBA3DDESIGN. YOBA3DDESIGN may reject an order proposal in the following cases, including, but not limited to: (i) the Products are unavailable (subject to the provisions set out in Section 3.3); or (ii) activities are declared or suspected to be unlawful or fraudulent, including purchases suspected of having been made for commercial purposes; or (iii) the Customer has failed to fulfil their obligations arising from a previous contract entered into with YOBA3DDESIGN.

5.8 The contract between YOBA3DDESIGN and the Customer is concluded upon receipt by the Customer of YOBA3DDESIGN’s acceptance of the order proposal (the “Order Confirmation”). YOBA3DDESIGN’s acceptance (or rejection) must be communicated to the Customer by email at the address provided by the Customer in the order proposal.

5.9 In the event that one or more of the Products are unavailable, the Customer will receive an email duly informing them of the unavailability of the Products. In such a case, the order proposal will be cancelled or accepted only in part for the available Products. In the event of partial acceptance, the Customer shall pay (or, if paying by credit card, shall be charged) only the price of the available Products.

5.10 In accordance with the provisions of Article L.121-19-1 of the French Consumer Code, as described below, the Order Confirmation will include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information on shipping costs, where applicable, information concerning the Contact at YOBA3DDESIGN, information on the conditions and procedures for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be sent, and information on after-sales services and existing commercial terms, where applicable. It will also include a copy of these Terms and Conditions.

5.11 Once the Order Confirmation has been sent to the Customer, the order can no longer be cancelled or modified. However, the Products shipped may be returned as set out in Section 10 below.

5.12The risk of loss or damage to the Products shall pass to the Customer when the Customer (or a third party indicated by the Customer and other than the carrier) acquires physical possession of the Product.

6. Payment Method

6.1 Payment of the price of the Products included in the order proposal, as well as any applicable taxes and shipping costs, where applicable, must be made by the Customer by credit card or bank transfer.

6.2 YOBA3DDESIGN accepts the following credit cards: Visa, Mastercard, and Amex.

6.3 The Customer’s credit card will only be charged after: (i) the credit card details have been verified; (ii) authorization to charge the card has been received from the issuer of the card used by the Customer; and (iii) the availability of the Products has been confirmed by YOBA3DDESIGN.

6.4 In certain cases (such as, for example, the purchase of personalized Products), which will be brought to the Customer’s attention before the Customer can submit the order proposal, the Customer’s credit card will only be charged after: (i) the credit card details have been verified; and (ii) authorization to charge the card has been received from the issuer of the card used by the Customer.

6.5 Subject to the provisions of Section 6.4, no charge will be made at the time the order proposal is submitted, except for any temporary charges necessary to verify the validity of the credit card, where applicable. It is understood that once the order has been processed, said temporary charges will be cancelled and replaced by the amount payable by the Customer. Furthermore, if the order is cancelled, these temporary charges will also be permanently cancelled.

6.6 If, for any reason, it is impossible to charge the amount payable by the Customer (or to receive the amount due in YOBA3DDESIGN’s bank account in the case of a bank transfer) within the specified time limits (see Section 6.6 above), the contract will not be performed and the order will be cancelled.

6.7 For each order, YOBA3DDESIGN may, at the Customer’s request, send an invoice for the Products by email or by post, in accordance with applicable laws and regulations. The invoice will be issued based on the information provided by the Customer at the time of the order. No changes may be made to the invoice once it has been issued.

7. Shipping and Delivery

7.1 The Products purchased will be delivered on business days by a delivery service selected by YOBA3DDESIGN (hereinafter referred to as the “Delivery Service”). The Products will be delivered to the address provided by the Customer in the order proposal.

7.2 Except in cases of force majeure or the occurrence of unforeseeable circumstances, the Products purchased will be delivered within 7 business days following the date indicated in the Order Confirmation. If delivery has not taken place within the period indicated above, the Customer may cancel the Contract and YOBA3DDESIGN must, without undue delay, refund all amounts paid under the Contract.

7.3 Upon delivery of the Products by the Delivery Service, the Customer (or a designated representative) shall: (i) ensure that the number of items delivered corresponds to that indicated on the delivery note; (ii) ensure that the packaging and seals are intact and undamaged and have not been wet or altered in any way; (iii) sign the delivery receipt; and (iv) upon request by the Delivery Service, present their identification document. Any damage to the packaging and/or the Product, or any discrepancy between the number of items and the supporting documents, must be immediately reported in writing on the Delivery Service’s delivery receipt. Subject to any provisions to the contrary under applicable law, once the Delivery Service’s document has been signed and no objection has been raised by the Customer, the Customer may no longer raise any objections concerning the external characteristics of the delivered parcel, it being understood that the Customer retains the right to subsequently raise objections concerning other characteristics of the Products in accordance with the conditions set out in Section 13 below.

7.4 Any applicable shipping costs shall be borne by the Customer and shall be stated separately on the order form and on the invoice.

8. Shipment and Delivery Confirmation

8.1 YOBA3DDESIGN must send the Customer a shipping confirmation by email once the Products have been shipped and another email once the Products have been delivered.

9. Wrapping or Packaging

9.1 Products purchased through the website are delivered with YOBA3DDESIGN’s standard packaging.

10. Right of Withdrawal

10.1 In accordance with Article L.121-21 of the French Consumer Code, as described below, the Customer has a right of withdrawal from the contract, which may be exercised without giving any reason within 14 (fourteen) days from the date on which the Customer (or their duly authorized representative to receive the Products) takes physical possession of the Products or, in the case of partial delivery, the last Product.

10.2 To exercise their right of withdrawal, the Customer must, within the period specified in Section 10.1 above, send by email or postal mail: •the attached withdrawal form, duly completed and signed; or • a communication of their intention to exercise their right of withdrawal in accordance with Article L121-21 of the French Consumer Code; such communication must include the following information: (i) an indication of the Product for which the Customer wishes to exercise their right of withdrawal; (ii) the order number; and (iii) in the event that the Customer purchases the Product by bank transfer, the Customer’s IBAN to which the refund may be made;

At the following address :

84 chemin de la vigne 69170 Joux (France)

yoba3ddesign@gmail.com

10.3 Within 7 days from the date of the communication of the withdrawal (sent in accordance with Section 10.2 above), the Customer must return the purchased Product to YOBA3DDESIGN at 84 chemin de la Vigne, 69170 Joux, France. Unless otherwise stated on the website, the shipping costs for returning the Products shall be borne by the Customer. The Products shall be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached to the Products. In the event of a decrease in the value of the Products resulting from the Customer’s handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods, YOBA3DDESIGN reserves the right to refuse the return of the Products. The Customer shall be solely responsible for any decrease in the value of the Products resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

10.4 YOBA3DDESIGN shall reimburse all payments received from the Customer, including any applicable delivery costs, within 21 days of receiving the returned Products or of the Customer providing proof of shipment of the Products, whichever occurs first. The refund will be made by YOBA3DDESIGN using the same payment method as that used by the Customer for the initial transaction, unless the Customer has expressly agreed to a different method, provided that the Customer does not incur any fees as a result of the refund.

11. Personalized Products and Other Specific Products

11.1 In accordance with Article L121-21-8 of the French Consumer Code, as described below, the right of withdrawal does not apply to (i) orders for personalized Products, such as, for example, Products with the Customer’s initials inscribed on the Product; (ii) Products that are liable to deteriorate or expire rapidly; and (iii) Products that cannot be returned due to their nature (e.g., a Product that was sealed and subsequently opened by the Customer), or for hygiene reasons.

12. Replacement of Products

12.1 Without prejudice to the Customer’s rights under Sections 10 and 13, and except for personalized Products, YOBA3DDESIGN permits the replacement of Products purchased through the website, in accordance with the following procedure:

(I) Once the Products have been received, the Customer must contact YOBA3DDESIGN without delay by email at yoba3ddesign@gmail.com;

(II) The Customer must then complete the form provided with the delivered Products that the Customer wishes to exchange, clearly indicating the code and size of the new Products that the Customer wishes to receive (the codes and sizes are indicated on the website);

(III)Within a maximum period of 14 days from the date of delivery of the Product, the Product to be replaced must be returned by the Customer to YOBA3DDESIGN in the same condition as that in which it was delivered, with the labels attached to the Products and the form referred to in Section 12.1 (II) above. Unless otherwise stated on the website, the costs associated with returning the Products shall be borne by the Customer.

12.2 The Products shall be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached. In the event of a decrease in the value of the Products resulting from the Customer’s handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods, YOBA3DDESIGN reserves the right to refuse the exchange of the Products. The Customer shall be solely responsible for any decrease in the value of the Products resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

12.3 The amount paid by the Customer shall be refunded by YOBA3DDESIGN using the same payment method as that used by the Customer to initially purchase the Product, within 21 days after the returned Products have been delivered to YOBA3DDESIGN.

12.4 The exchange will be accepted by YOBA3DDESIGN subject to the availability of the new Products requested.

12.5 The exchange will be treated by YOBA3DDESIGN as a new order placed by the Customer, subject to the same obligations and conditions provided for in these Terms and Conditions as those applicable to the initial order. In particular, if the Products that the Customer wishes to exchange were initially paid for by credit card, YOBA3DDESIGN will first refund the price originally paid by the Customer to that card and will then charge the price of the new Products requested in accordance with Section 6.3 above. If the initial payment was made by bank transfer and the price of the new Products requested is the same as the amount paid by the Customer for the Products they wish to exchange, YOBA3DDESIGN will retain the amount initially paid by the Customer; if the price is different, YOBA3DDESIGN will refund the difference or request that the Customer pay the difference, as applicable.

13. Lack of Conformity

13.1 If a Product sold by YOBA3DDESIGN has manufacturing defects or an alleged lack of conformity, the Customer must immediately contact the online after-sales service by email at yoba3ddesign@gmail.com or by post

at the following address:

YOBA3DDESIGN

84 chemin de la vigne 69170 Joux (France)

13.2 The legal warranties provided for in Articles L211-4 to L211-14 of the French Consumer Code, as described below, apply to the sale of the Products. Under these provisions, the Customer has the right to have the Products brought into conformity, at no cost, either by replacement or repair (it being understood that the Customer has the right to choose whether the Product is repaired or replaced, within the limits provided by law) or, where one of the remedies referred to above is not possible (in accordance with Article L211-10 of the French Consumer Code), the right to an appropriate reduction in the sale price of the Products or the right to terminate the contract. The Customer loses these rights if they fail to notify YOBA3DDESIGN of the lack of conformity within 30 days from the date on which the Customer detected such lack of conformity.

13.3 If the Customer wishes to have the Product repaired or replaced due to a lack of conformity pursuant to Section 13, the shipping costs associated with returning the Product to be repaired or replaced shall be borne by YOBA3DDESIGN, as shall all costs associated with delivering the repaired or replaced Product to the Customer.

14.Authenticity Guarantee and Intellectual Property Rights

14.1 YOBA3DDESIGN guarantees the authenticity of all Products purchased through the website. Products bearing the YOBA3DDESIGN trademark are produced in France.

14.2 The “YOBA3DDESIGN” trademark, all figurative and/or three-dimensional trademarks appearing on the Products, the relevant accessories or packaging, as well as all copyrighted illustrations, images and locations and, generally, all intellectual property rights relating to the Products, are and shall remain the exclusive property of the YOBA3DDESIGN companies.

15. Applicable Law and Jurisdiction

15.1 These Terms and Conditions and, consequently, the contracts entered into with the Customers, are governed by and shall be construed in accordance with French law.

15.2. Disputes relating to or arising from these Terms and Conditions shall fall within the territorial jurisdiction of the competent courts of Villefranche-sur-Saône.

16. Contacts

16.1 To obtain additional information and assistance regarding the website or online purchasing methods, the Customer may contact YOBA3DDESIGN using any of the contact details provided below:

84 chemin de la vigne

69170 Joux, France

Phone number : +33658177427

Mail: yoba3ddesign@gmail.com

17. Customer Service & Consumer Mediator

17.1 Consumer Service: In the event of a disagreement or dispute concerning a service or product related to the Company, the consumer Customer may submit a reasoned complaint to our customer service:

By postal mail : 84 chemin de la vigne

69170 Joux, France

By email : yoba3ddesign@gmail.com

17.2 The Customer may refer the matter to the Consumer Mediator via the link below:

CNPM Médiation Consommation - Règlement des litiges de la consommation

Consumer mediation refers to an alternative dispute resolution process whereby a consumer and a professional attempt to reach an agreement to resolve amicably a dispute between them, with the assistance of a third party, the mediator. If the parties fail to reach an amicable agreement, the mediator proposes a solution to resolve the dispute.

This is therefore an alternative to legal proceedings, which are often lengthy and costly. However, the consumer retains the right to bring the matter before a court if the mediation process does not result in a resolution.

IMPORTANT : The matter must be referred to the Consumer Mediator within one year from the date of the consumer’s written complaint to the professional.
Such referral may only take place in the event of a negative response from the professional or if the professional has failed to respond within 60 days.

Terms and Conditions