The present Conditions of Sale are entered into between Ave!Comics Production SAS, a simplified joint stock company, incorporated under French Law with a share capital of €1,000, whose Head Office is located at Cap Omega, Rond Point Benjamin Franklin, F-34960 Montpellier, and registered with the Montpellier Trade & Company Register under SIRET no. 511 954 729 000 14 (Ave!Comics Production), and any non-professional responsible natural person wishing to make a purchase via the Website, http://www.bludzee.com/da (hereafter referred to as the “Buyer”).
The digital comic strip downloading Service proposed by Ave!Comics Production is governed by the present General Conditions of Sale (hereafter referred to as the “Sales Terms”).
By “downloading” is meant the transmission and copy of a digitalised/encoded comic strip on the hard disk of your computer via “Delivery Format”, possibly including Rich Media elements (hereafter referred to as the “Contents”).
Product sales on http://www.bludzee.com/da are solely reserved for the final user. Hence, the resale or distribution of downloaded digital comic strips is prohibited.
The present Sales Terms aim at defining the contractual relationship between Ave!Comics Production and the Buyer, as well as the conditions applicable to any purchase made via http://www.bludzee.com/da.
All purchases made via the present Website implies complete and utter acceptance of the Sales Terms herein.
Save prior acceptance in writing by Ave!Comics Production, no special condition may prevail over those stated herein.
Any alternative condition laid down by the Buyer shall remain void as against Ave!Comics Production, save prior acceptance in writing by Ave!Comics Production.
Any dispensation possibly accepted by Ave!Comics Production may only apply to the sale in question.
The non-acceptance of the Sales Terms may not be set against Ave!Comics Production.
Ave!Comics Production reserves the right to modify its Sales Terms at any time, and likewise its product range. In such a case, the terms applicable shall be those in force at the time of the Buyer registering his/her order.
For each order made on http://www.bludzee.com/da, the Buyer shall be asked to confirm acceptance of the Sales Terms in force at the time of placing his/her order.
The Buyer has the possibility of paying for his/her order in different currencies: Euro, Dollar or Pound Sterling.
For prices displayed on the Euro site, these are inclusive of all taxes, pursuant to the current VAT rate and ancillary taxes applicable in France on the date of order, with any change in rate being duly passed on to the price of the product or the service in question.
The Buyer is obliged to pay in the currency specified on the order form and/or the bill.
Ave!Comics Production reserves the right to modify its prices at any time, noting nonetheless that the price displayed on the Website on the date of order shall remain the sole price applicable for the Buyer.
Written confirmation of the amount to pay, in addition to ancillary costs, shall be dispatched to the Buyer at the time of registering his/her order or, at the latest, upon launching download.
Concerning the purchase conditions of the different products, these strictly conform to Lang Law no. 81-766, dated 10 August 1981, relating to the price of books.
Hence, Ave!Comics Production proposes its most advantageous price to the customer, within the limits of said French Law, i.e. a maximum reduction of 5% on the retail price, such comic strips being comparable to books. This reduction is systematically specified on the product sheet.
The Buyer wishing to make a purchase on www.bludzee.com is obliged:
1. to create an account by filling out an identification form with all details requested. He/she will then receive a login and a password to enable subsequent connection;
2. to fill out the online order form by indicating the relevant references of the products and/or services chosen;
3. to confirm his/her order after checking the selection made;
4. to pay in accordance with the conditions specified;
5. to confirm his/her order and payment.
Confirmation of the order implies acceptance of the present Sales Terms and acknowledgement of having had knowledge thereof, in addition to relinquishment of his/her own purchase conditions or any condition not stated herein.
All data having been supplied with confirmation registered shall constitute proof of the transaction. Confirmation implies signature and acceptance of the operations made.
Upon issuance by the Buyer’s bank of authorisation to debit the former’s account, Ave!Comics Production will send confirmation of the registered order by e-mail to the address indicated by the Buyer, which the latter expressly accepts.
The order will only be finally confirmed upon receipt of said e-mail, summarising all information transmitted by the buyer and indicating, where appropriate, any possible difficulties or reservations relating thereto (product availability, delivery period or chosen method of payment), as well as the order reference number awarded by Ave!Comics Production.
In order to have access to the Services, it is mandatory for the persons authorised to state all information requested on the online subscription form. It is nevertheless materially impossible for Ave!Comics Production to verify the exactness or the truth of the information supplied. The Buyer is thus aware that he/she shall be responsible for any submission of erroneous, incomplete or false information to Ave!Comics Production or to a third party.
In the event of supplying erroneous, incomplete or false information (or failing to update such data), and insofar as such information has significant influence on the conditions for supplying the Services or on compliance by the Buyer with his/her obligations, notably financial, Ave!Comics Production has the right to immediately suspend or cancel the Buyer’s order registration with no advance notice.
The Buyer is responsible for ensuring that the password required for personal identification and for accessing the service remains confidential. The Buyer shall take all necessary precautions to prevent third parties from having knowledge of his/her login and password. Any order for which the Buyer shall have been identified via a valid login and password shall be taken into consideration by the Ave!Comics platform, thereby implicating the responsibility of the Buyer, unless the latter is able to prove that erroneous login results from default by the Ave!Comics platform.
The Buyer is informed that, in light of the type of Services and pursuant to Article L. 121-20-2, 1st and 4th paragraphs, of the French Consumer Code, he/she benefits from no withdrawal rights with regard to the supply of Services. All Sales are thus definitive. Your right to withdraw shall cease as soon as delivery of the Products has begun. The Ave!Comics service shall enter into force as soon as you launch Product download from the online store on www.bludzee.com and, once the order placed, it is no longer possible to cancel your purchase.
The price is payable at the time of order, Ave!Comics Production remaining the rightful owner of the products until full payment of their price.
Upon simple request from the Buyer, a hard-copy invoice with mention of VAT may be dispatched.
Point-exchange or credit cards, programmed for a maximum amount over a given period, may prevent your order from being processed.
Payments may be made via credit card, i.e. CARTE BLEUE, VISA, MASTERCARD, AMERICAN EXPRESS, via a secure payment system over the Internet using the SSL (Secure Sockets Layer) encrypting technology, which encrypts information in order to protect all data concerning personal information and means of payment.
Ave!Comics Production reserves the right to verify the personal data transmitted by the Buyer and to adopt all necessary measures for the purpose of verifying that the bank account being debited is indeed that of the Buyer. Ave!Comics Production may ask the Buyer for proof of his/her identity and/or of his/her bank details. Failure by the Buyer to respond to such request within 2 (two) days as of the request made by Ave!Comics Production shall automatically lead to cancelation of the relevant order, and this with no possibility to contest matters afterwards.
Ave!Comics Production shall retain no credit card number in its files.
Payments may also be made via the Ave!Comics point card, which serves exclusively for making purchases at the http://www.bludzee.com/da online store.
Access to and the use of the “Ave!Comics” point card imply accepting the Sales Terms in force at the time of use or of purchase, such as available on http://www.bludzee.com/da Website.
The Ave!Comics point card may be purchased on the Website via credit card. This card works via a point system, each point being equivalent to one Euro cent, i.e.
- a €10 card represents 1,000 points plus 50 extra points free.
- a €25 card represents 2,500 points plus 180 extra points free.
- a €50 card represents 5,000 points plus 400 extra points free.
- a €100 card represents 10,000 points plus 1,000 extra points free.
Whether the card be used or not, in full or in part, it shall remain valid until expiry of the longest period applicable below: (i) two (2) years as of the date of issuance, or (ii) two (2) years as of the date of last use.
The Ave!Comics point card, as well as the remaining non-used points, may neither be refunded or returned in view of reimbursement, nor may it be exchanged or sold on.
The Ave!Comics point card is strictly reserved for private use only, and this by the holder of the customer account through which the card was purchased, such card not being transmissible to a third party for making any purchase whatsoever.
The Services are normally accessible by the Buyer 24 hours a day, 7 days a week and all year round, save cases of force majeure and maintenance operations.
Ave!Comics Production nevertheless reserves the right, in the event of absolute necessity, to temporarily deny access, whereupon it may not be held liable for damages occurring on such account, whatever the kind.
Ave!Comics Production will file all order forms and invoices on reliable and durable media, thereby constituting a sincere copy in accordance with Article 1348 of the French Civil Code.
The computer files of Ave!Comics Production shall be deemed by the parties as proof of all transmissions, orders, payments and transactions having occurred between them.
9.1 In order to be able to use the contents downloaded from the http://www.bludzee.com/da Website, it is mandatory to accept the General Conditions of Use governing the Service, and notably the Rules of Use stated therein.
9.2 The Contents downloaded by the Buyer are digital files protected under national and international copyright rules, their use only being in a private, non-paying context and within the limits stated hereunder.
“DRM”, or “Digital Rights Management”, indicates a digital-file protection system, enabling to control use thereof. Its aim is to provide the Buyer with as much flexibility as possible for using the downloaded recordings, though at the same time complying with the author’s intellectual property rights.
9.3 For each purchase of contents (Comic Strips) on the http://www.bludzee.com/da Website, the Buyer is given digital access to all compatible peripherals with technical specifications, such as existing on the purchase date and defined on http://www.bludzee.com/da.
9.4 The Buyer accepts to neither circumvent nor infringe the means for controlling the use of downloaded digital files, or, where appropriate, of any device having the same purpose.
Finally, Ave!Comics may not be held liable for non-compliance with the rules and regulations of a foreign country in which the contents may have been downloaded.
9.5 The Ave!Comics software package, including the comic-strip player and all elements of the HYPERLINK "http://www.bludzee.com" www.bludzee.com Website, are, and shall remain, the exclusive intellectual property of Ave!Comics Production and are protected under copyright, trademark or patent law.
No-one may be authorised to copy, operate, broadcast or use any parts of the Website for whatever means, even partially, whether software, visual or sound-related.
Any link directing towards the http://www.bludzee.com/da Website is strictly prohibited, save express written consent from Ave!Comics Production, and thus should be removed upon the latter’s initial request.
For any assistance concerning billing or other order-related queries, please contact the following address: support[AT]bludzee.com.
Pursuant to the French Information Technology and Civil Liberties Law [Loi Informatique et Libertés] dated 6 January 1978, personal data pertaining to Buyers may undergo automated processing.
In this context, the data collected concerning the Buyer when creating his/her account, as well as when placing orders, are destined for Ave!Comics Production.
It is necessary for handling sales relations between the Buyer and Ave!Comics Production (delivery, after-sales service, etc.). The Buyer will be unable to create an account if he/she refuses to supply the information requested at this stage. If the Buyer is against the safeguard of data relating to his/her orders, Ave!Comics Production, in order to satisfy his/her demand, shall be obliged to deactivate his/her account.
Pursuant to the French Information Technology and Civil Liberties Law [Loi Informatique et Libertés] dated 6 January 1978, modified in 2004, the Buyer has, at all times, a right of access to his personal data, and to have it modified or completed should it be erroneous or incomplete.
Such right may be expressed in writing at the following address:
Ave!Comics Production SAS,
Rond point Benjamin Franklin,
Pursuant to the provisions of the aforementioned law, Ave!Comics Production agrees not to process the data collected, save for the strict necessity of its business, without prior consent from the person concerned.
Hence, depending on the choice made when creating his/her account, the Buyer may or may not receive newsletters from Ave!Comics Production and/or from its partner companies.
Automated data processing, including the management of e-mail addresses of www.bludzee.com users, was declared with the French Data Protection Authority (CNIL - Commission Nationale de l'Informatique et des Libertés) on 19 May 2009 under no. 1365155.
Ave!Comics Production is entitled by rights, without any notice or compensation, to deactivate the Buyer’s account in the following cases:
non-compliance by the Buyer with the Sales Terms or the General Conditions of Use,
non-payment by the Buyer of the outstanding sums,
acting in opposition to the interests of Ave!Comics Production,
inputting false information when creating his/her customer account.
A Buyer wishing to deactivate his/her account may do so by informing Ave!Comics Production via registered letter with acknowledgement of receipt, sent to:
Ave!Comics Production SAS,
Rond point Benjamin Franklin,
Ave!Comics Production shall deactivate the account within a maximum of 48 hours as of receipt of said letter.
Ave!Comics Production, within the online sales process, is not subject to an obligation of means and it may not be held liable for damages due to using the Internet network, namely, the loss of data, intrusion, viruses, breakdown of service, or any other reasons beyond its control.
Ave!Comics Production may not be held liable for usage or action by the Buyer that may constitute violation of the French Civil or Penal Codes pertaining to the protection of persons and civil liberties, or that may damage intellectual property rights already in existence.
Ave!Comics Production may not be held responsible for any typo-errors.
These Sales Terms are governed under French Law.
In the event of dispute, the courts in PARIS shall be the sole competent authorities, albeit a plurality of defendants or introduction of third parties.
In the event of possible nullity of any one of the provisions pertaining to the Sales Terms herein, such provision shall be deemed as non-existent, the said nullity having no prejudice on the validity of the other applicable provisions.
© Copyright 2009 Ave!Comics Production SAS, All rights reserved.
Copyright © 2009 Ave!Comics et Lewis Trondheim. Alle rettigheder forbeholdt.
Baseret på Ave!Comics.