General Terms and Conditions of Sale

Digital MEGE, a simplified joint-stock company with a capital of 40,100.00 euros, registered with the Paris Trade and Companies Register under number 904 628 039, operates the website www.yekrak.com (hereinafter, the Site), which is intended for the sale and marketing of various personalised products to consumers.

These general terms and conditions of sale and use govern the relationship between Digital MEGE and, on the other hand, consumers who connect to and use the Digital MEGE website, place orders, and purchase products sold on the Site (hereinafter, the Client).

These general terms and conditions of sale and use (hereinafter, G.T.C.) are available online on the website at www.yekrak.com/cgv and may be saved by the Client, either by computer recording or by printing them.

Digital MEGE reserves the right to update these G.T.C. at any time. In this case, the date of posting the G.T.C. online shall be the effective date of the new conditions.

Any order is governed by the G.T.C. applicable on the date of the order.

1. CONCLUSION OF THE ONLINE CONTRACT – ORDER

1.1 The Client declares that they have the legal capacity to contract and have read these G.T.C. as well as the specific conditions relating to each product ordered. The Client declares to accept all these conditions, without reservation.
To ensure the unambiguous acceptance of these G.T.C. by the Client, Digital MEGE requires the Client to check the box "I accept the General Terms and Conditions of Sale and Use":
When creating the Client Account and;
Prior to any confirmation of the order by the Client.

1.2 The products offered by Digital MEGE are listed in the catalog published on the Site www.yekrak.com, which provides the Client with an individual presentation sheet for each product, presenting the essential characteristics and, where applicable, the customization parameters concerning it.

1.3 After choosing the products and the corresponding customization parameters, the order is placed by the Client. However, Digital MEGE reserves the right to refuse an order if it is impossible to fulfill the order due to an abusive request from the Client or for any other legitimate reason. In this case, Digital MEGE will refund any amounts paid by the Client, using the same payment method used by the Client for the order, no later than fourteen (14) days after being informed of the order cancellation, unless a justified delay occurs.

2. ORDER MODIFICATION

By express agreement between the parties, from the validation of the virtual cart and the finalization of the order, given the manufacturing method of the works, Digital MEGE will not make any modification to the content of the information provided for the composition of personalised books.
However, the client may modify the delivery address, provided that the modification does not result in any change to the total amount of the order.
The request to modify the delivery address must be made by a simple written request (by email or letter) clearly specifying the order reference and the elements allowing the client to be identified.
Requests to modify the delivery address must be made no later than before the book is printed.

3. PRICE AND PAYMENT

3.1 The prices of the products offered on the homepage published on the Site are indicated in euros, all taxes included (VAT + other possible taxes), excluding delivery costs. Digital MEGE reserves the right to change prices at any time, it being specified that the prices displayed on the day of the order are the prices applicable to the Client.

Therefore, the prices displayed on the homepage of the site include packaging costs and standard delivery (green letter). Therefore, the prices displayed do not include any shipping options that may be offered by Digital MEGE (for example, Colissimo), the cost of which, billable to the Client in addition, will be indicated to the latter when viewing the order details and its total price.

For Switzerland, prices are displayed excluding tax at the time of cart validation, after entering the delivery area.

When products are to be delivered outside the European Union and French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may be applied by the customs administration of the importing country. It is expressly agreed that these duties and taxes will be the sole responsibility of the Client. As such, the Client is fully responsible for the related customs obligations and for the competent authorities and/or bodies of the importing country, including, in particular, any declarations and payment of the aforementioned duties and taxes.

3.2 Payment is due immediately upon ordering and is made online by credit card or PayPal:

a) Payment by credit card: When transmitting the Client's personal data to the banking payment center, it is protected and encrypted. The platform that manages credit or debit card payments is Manager.one (Banque Wormser Frères). The client's order can only be executed when the relevant banking payment centers have given their approval. In case of refusal by the banking payment centers, the order will be automatically canceled and the Client will be informed by any means by Digital MEGE.

The Client declares to be the holder of the credit card used for payment of the order. In this respect, it is recalled that in accordance with Article L. 132-2 of the Monetary and Financial Code, the order or commitment to pay given by means of the payment card is irrevocable.

b) Payment by PayPal: the Client with a PayPal account enters their email address and password linked to their account. PayPal encrypts all the information that the Client provided when creating their account. Thus, no information other than the Client's email address is communicated to Digital MEGE. Financial and personal information is automatically encrypted when any sensitive information is sent to PayPal servers. The full price, including delivery costs, will be debited from the Client's payment card or PayPal account at the time of the order. The Client guarantees that they are fully authorised to use the payment card or PayPal account for payment of their order and that this payment method gives access to sufficient funds to cover all the costs of their order. If the card issuer refuses to authorize payment, or if the PayPal account is not sufficiently funded, the order will be canceled.
The data recorded by Digital MEGE's computer system constitutes proof of communications, orders, and payments between the parties. It is expressly agreed that, except for manifest error by the Client, the data stored in Digital MEGE's information system is probative.

4. DELIVERY

4.1 As of today, Digital MEGE delivers its products in mainland France (including Corsica), French overseas departments and territories, Andorra, Monaco, and the following countries: Belgium and Switzerland.

4.2 To ensure quality service, Digital MEGE offers the Client only one delivery method: Colissimo Home.

4.3 Delivery times are indicated on the Site and may vary depending on the availability of goods and/or the delivery method chosen by the Client. They are given in working days. The delivery time includes the manufacturing time of the order and starts from the day the buyer has validated the order, subject to payment validation by Digital MEGE and compliance with the purchase conditions defined in these G.T.C.

4.4 The order will be delivered to the "Pick-up Point" chosen when placing the order or to the delivery address indicated by the Client when concluding the online contract, as provided for in Article 1 hereof. In this respect, Digital MEGE cannot be held responsible for a delay in delivery or failure to deliver the order due to an incorrect or incomplete address provided by the Client. In the event of reshipment of the product due to an incorrect or incomplete address provided by the Client, the reshipping costs will be borne by the Client.

4.5 Upon receipt of the product, it is the Client's responsibility to check the condition of the package and products. If, upon receipt of the order, the Client finds that the package or products have been damaged during transport, the Client must take a photo of the damaged package with the delivery label and, within ten (10) days following delivery of the package, send a claim to contact@yekrak.com indicating the order number and attaching the aforementioned photos. After this period, no claim relating to a product damaged during transport will be processed. When the order is delivered by Colissimo, the Client who finds that the package or products have been damaged during transport must refuse the package and inform Digital MEGE as provided in the previous paragraph. After verifying the claim, Digital MEGE will resend the order to the Client.

4.6 If delivery is not made by the contractually agreed deadline, the Client may require Digital MEGE to deliver within a reasonable additional period. To do this, the client must send a registered letter with acknowledgment of receipt to Digital MEGE, 149 avenue du Maine, 75014 Paris. If Digital MEGE does not comply within this new period, the Client may, under the same conditions, inform Digital MEGE of the termination of the contract. The contract is considered terminated upon receipt of the letter informing Digital MEGE of this termination, unless it has been performed between the sending of the letter by the Client and its receipt.
If Digital MEGE does not comply within this new period, the Client may, under the same conditions, inform Digital MEGE of the termination of the contract. The contract is considered terminated upon receipt of the letter informing Digital MEGE of this termination, unless it has been performed between the sending of the letter by the Client and its receipt.

5. DEFECTIVE PRODUCTS – RETURNS

Within the limits set by the applicable legal provisions, in the event of a defective product (product with printing, binding, or gluing defects), the Client may file a claim with Digital MEGE at contact@yekrak.com, attaching a photo of the delivery label on the package, a photo of the defective product, and the order number.
After verifying the validity of the claim, Digital MEGE will resend a new product according to the specifications of the initial order, at no additional cost to the Client.
If Digital MEGE is unable to replace the defective product, it will refund or reduce the purchase price of the product, depending on the defects found on the product.
This warranty is linked to the proper use of the product. Therefore, it is excluded in the event of any deterioration resulting from misuse of the product by the Client.

6. WITHDRAWAL

In accordance with Article L. 221-28, 3º of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised.
The products offered by Digital MEGE are personalised products made expressly at the Client's request; therefore, the Client does not have a right of withdrawal for products ordered from Digital MEGE.

7. INTELLECTUAL PROPERTY

No transfer of intellectual property rights is made to the Client when purchasing products from Digital MEGE. Therefore, unless prior and express authorization from Digital MEGE is obtained, the total or partial reproduction, modification, or use of texts, illustrations, or objects owned by Digital MEGE is strictly prohibited.

8. LIMITATION OF LIABILITY

If Digital MEGE's liability is incurred for any reason in connection with the contract concluded with the Client, Digital MEGE's total liability will be limited to one (1) time the total amount invoiced by it to the Client for the order.

9. PERSONAL DATA PROTECTION

9.1 Digital MEGE processes personal data for the execution of orders placed on the Site and for managing its relationship with clients. This processing is necessary for the execution of pre-contractual measures taken at the Client's request and for the execution of the contract concluded between Digital MEGE and the Client.

This data processing is based on Article 6, paragraph 1, point b), of the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 – GDPR).

The legal basis for processing the Client's data is the contractual relationship binding the Client to Digital MEGE, the performance of a legal obligation, the legitimate interest of Digital MEGE, and, where applicable, the Client's consent.

Also, some of the information requested by Digital MEGE is mandatory to access specific features of the Site. If the Client refuses to provide this mandatory information, indicated by an asterisk (*) on the Site, they will not be able to place an order on the Site.

9.2 The personal data that may be collected by Digital MEGE on the Site are as follows:

Account/profile creation: when creating the account/profile, the following are recorded: the Client's last name, first name, date of birth, children's first names and dates of birth, postal address, email address, phone number, and the Client's login data.
Site login: on this occasion, login, browsing, or even location data of the Client are recorded.
Payments on the site: in the event of a financial transaction on the site, the Client's bank details or credit card data are recorded.
Contact: When filling out the contact form or sending an email to Digital MEGE, the Client's last name, first name, email address, and message are collected.
Newsletter subscription: When filling out the Digital MEGE newsletter subscription form, the Client's last name, first name, and email address are collected.
Cookies: Cookies are used, as part of the use of the Site, to collect certain information, in particular, the Client's IP address, information relating to the computer used for browsing, connection mode, type and version of the Internet browser, operating system. The Client can disable Cookies from their browser settings.

Personal information is kept for the duration of your user account's validity.

However, data collected via cookies will not be kept for more than thirteen (13) months.

During this period, Digital MEGE implements organizational, software, legal, technical, and physical means to ensure the confidentiality and security of the personal data collected, in order to prevent their damage, deletion, or access by unauthorised third parties.

9.3 Access to the Client's personal data is strictly limited to Digital MEGE employees and agents, authorised due to their duties and bound by a confidentiality obligation. However, the data collected may be communicated to subcontractors contractually responsible for performing the tasks necessary for the proper functioning of the Site and its services as well as for the proper management of the relationship with the Client, without the Client needing to give their authorization.

It is specified that, in the performance of their services, subcontractors have only limited access to the data collected by Digital MEGE and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on personal data protection.

Apart from the cases mentioned above, Digital MEGE undertakes not to sell, rent, transfer, or give access to third parties to the data collected without the Client's prior consent, unless required for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.).

9.4 The data controller is the site publisher, whose identity and contact details are below:

Digital MEGE,
RCS 904 628 039
149 avenue du Maine, 75014 Paris,
contact@yekrak.com

Access to the Client's personal data is strictly limited to Digital MEGE agents, authorised due to their duties and bound by a confidentiality obligation.

However, the data collected may be communicated to service providers contractually responsible for performing the tasks necessary for the proper functioning of the Site and its services, for the proper management of the relationship with the Client, the execution of orders, and the communication and marketing of Digital MEGE, without the Client needing to give their authorization.

The service providers, recipients of the personal data collected, will include, in particular, as the case may be:

The site host;
The printer;
Financing and credit institutions;
The marketing and/or communication agency;
where applicable, public authorities, in the context of judicial requisitions concerning the fight against fraud.
It is specified that, in the performance of their services, subcontractors have only limited access to the data collected by Digital MEGE and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on personal data protection.

9.5 The data controller does not intend to transfer personal data to a third country or to an international organization.

9.6 The Client whose personal data is collected has the right:

to request from the data controller access to personal data, rectification or erasure of such data, or restriction of processing concerning the data subject,
to object to processing,
to data portability,
to lodge a complaint with a supervisory authority.

To exercise the above rights, the Client must send their request (indicating email address, last name, first name, postal address, and attaching a copy of an identity document):

By email to contact@yekrak.com
Or by post to the following address: Digital MEGE, GDPR, 149 avenue du Maine, 75014 Paris.

When the Client has an active client account, they may also request the deletion, modification, or restriction of the processing of their personal data via their client account.

9.7 No Waiver

The fact that Digital MEGE does not invoke at a given time any of the clauses of these G.T.C. cannot be interpreted as a waiver to invoke them later.

9.8 Severability

If one or more provisions of these G.T.C. are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions will retain their full force and effect.