PREAMBLE
The present General terms of Sale (CGV) apply to all the transactions being carried out via Internet site CGsellers.com with the http://www.cgsellers.com address or the http://www.cgsellers.fr ; these general terms of Sale are subjected to the French right, this French right being able to be different from that applied in other countries.
The General terms of Sale can be modified constantly; the date of last update is indicated to Article 9.
Article 1 - CGSELLERS.COM
CGsellers.com is a registered trademark at the National institute of the Industrial property.
CGsellers.com domain names and cgsellers.fr as well as Internet sites http://www.cgsellers.com and http://www.cgsellers.fr are the property of CGsellers.com like the whole of the contents of the site: logos, texts, illustrations, drawings, photographs except for the visual ones and texts accompanying the products put at the sale on the site.
In accordance with the Data-processing Law and Freedoms, a statement of the files held by CGsellers.com was made with the CNIL (National Commission of Data processing and Freedoms).
Through its Internet site, CGsellers.com acts as quality of independent intermediary connecting only numerical product sellers and purchasers; CGsellers.com thus represents neither the salesman nor the purchaser, each one acting in their proper name and under their characteristic and whole responsibility; the site was conceived to allow to the creators three-dimensional chart work, 2D, animations, plans, technical designs, sound effects, textures etc. to sell their products in all independence and in full safety.
All connected commercial relations between salesmen and purchasers starting from Internet site CGsellers.com imply the integral acceptance of the General terms of Sale by these salesmen and purchasers.
CGsellers.com is not responsible for the contents of the advertisements written by the salesmen; however, CGsellers.com reserves the right on sale to refuse or withdraw the setting product on its Internet site and that without notice or preliminary injunction; no allowance could then be claimed.
Article 2 – VISITOR - INSCRIPTION - MEMBER
A visitor is a person who attends Internet site CGsellers.com without being registered.
The inscription on the site is obligatory only for the salesmen, the purchasers or the visitors wishing to gracefully download products put on line; this inscription is free; The visitor being registered on the site is caught to the quality of "member".
The inscription on Internet site CGsellers.com is limited to indicate an identifier (pseudonym), a password and an address e-mail.
The visitors and members commit themselves not using software to reproduce, copy, modify, reveal or fraudulently to download products put at the sale on the site.
Article 3 – SPACE SALESMAN
Space salesman is accessible only after inscription; this space also requires to supplement under menu "information of payment" comprising personal data; the salesmen accept that CGsellers.com store the personal informations with regard to them, CGsellers.com by ensuring the confidentiality and certifying not to use this information that within the framework of the activities flexible salesmen, purchasers and CGsellers.com.
In accordance with the Data-processing Law and Freedoms of January 6th, 1978, the salesman will be able constantly to have access to his personal informations, to rectify them purely or ask and simply their suppression.
The salesman commits himself updating information relating to it in the event of modification of his personal data (change of address for example).
The salesman must write its or his advertisements while supplementing under menu "to create a product" being in Vendeur space; he commits himself filling out this page in accordance with the real descriptions of the product which it wishes to put at the sale; he is the only person in charge of the drafting of his offer; he will be able constantly to supplement, bring up to date or modify his advertisement under menu "publishing a product".
The salesman also commits himself not putting at the sale on Internet site CGsellers.com that products conform to the French legislation and of which it has whole and freehold; thus the salesmen avoid putting at the sale of the products flights, pirated, counterfeited or bearing reached with the royalties, with substantive patent law or marks; in the same way, they avoid putting at the sale of the products pornographic, obscene, paedophile, incentive with hatred, violence, racism, the anti-semitism and xenophobia.
The insertion of advertisements on Internet site CGsellers.com is entirely free; only the effective sales actual by the salesman open right at commissions due to CGsellers.com as mentioned to article 8 of these General terms of Sale.
The salesman must make sure that the electronic file of remote loading corresponding to the sale does not contain nor virus or Trojan horse (Trojan) and that this file is not thus damaged downloadable by a possible purchaser.
In the case of not respect of its obligations, CGsellers.com reserves the right to block the access to the contravening salesman, this blocking which can be temporary or final.
The acting salesman on a purely occupational basis will have to subject himself to the obligations of the Code of the Trade and/or the Code Consumption related to this quality of professional.
In addition to the respect of the French legislation, the foreign salesmen also commit themselves respecting the legislation in force in their country of origin that is tax or commercial obligations.
The salesman freely fixes the selling price of the product which it wishes to put on sale; this price will be obligatorily expressed all inclusive of tax (TTC) and in euros (€); this price could be modified constantly by the salesman.
The salesman authorizes CGsellers.com on his behalf expressly to be boxed temporarily on a suspense account produces it his sale by the means of an entirely protected system of payment.
Article 4 PURCHASE - SPACE DOWNLOAD
The act of purchase is accessible only after inscription; the purchases carried out via Internet site CGsellers.com are done exclusively by data-processing download.
A member wishing to profit from a product put gracefully on the site by another member, will simply click on "to download" and this product will automatically rock in space "Download".
A member wishing to acquire a product will click on `' to buy `'; he will rock then automatically towards the payment of the product.
The purchaser will then discharge the sum requested by the salesman and only this sum; no expenses or commission will be claimed to him by CGsellers.com; he will be able to then download.
in space remote loading produces it bought.
Article 5 - CONVERSION INTO CURRENCIES
The selling prices fixed by the salesmen are expressed obligatorily in euros (€).
However, while clicking on one of the three flags in `' to choose a conversion'' (in top on the right of the homepage), the visitor or the member will have the possibility of converting the selling prices into US Dollars ($), Pound sterling (£) ; or of returning in Euros (€); the equivalences of exchange being updated on the site only once per week, conversions into currencies are given only to title purely indicative and round with two decimals.
Article 6 METHODS OF PAYMENTS
The payment of the purchase can be done by bank card or electronic account "Paypal".
Once the payment carried out, the electronic file corresponding to the purchase will be automatically downloadable by the purchaser; the salesman and the purchaser will be also automatically informed by e-mails of the transaction.
Article 7 COMPLAINTS and LITIGATIONS
The purchaser recognizes expressly that the fact of accepting the payment in the tariff conditions of the salesman and only in these conditions, implies an firm agreement, final and irrevocable of his share near the salesman; as regards data-processing download, in accordance with the article L 121-20-2 subparagraph 4 of the Code of Consumption, the salesman informs the purchaser who the right of retractation could not be exerted, except express agreement of its share.
Except for technical concerns for remote loading due to Internet site CGsellers.com, no complaint could be raised by the purchaser at CGsellers.com.
Thus CGsellers.com cannot guarantee that the downloaded product will satisfy the purchaser.
CGsellers.com intervening only in the capacity as independent and impartial intermediary, the contractual transaction is thus carried out exclusively under the responsibility for the salesman and the purchaser.
The possible litigations will thus be regulated directly between salesman and purchaser, by amicable agreement or by other ways which look at them; as regards a contractual transaction binding directly and only salesman and purchaser, the salesman authorizes CGsellers.com expressly to communicate to the purchaser his personal coordinates namely: name, first name, address geographical, phone number, address e-mail; CGsellers.com could not be held as responsible by the purchaser if it proves that the communicated personal informations do not make it possible this last to contact a direct contact the salesman.
Article 8 - COUNT Of WAITING - COMMISSIONS WHICH HAD BY THE SALESMAN
Like statement in article 3 last paragraph, the salesman authorizes CGsellers.com on his behalf expressly to be boxed temporarily on a suspense account produces it his sales.
The salesman recognizes that without the intermediary of Internet site CGsellers.com, its sales could not have been actual; for this reason, it agrees to pour with CGsellers.com a fixed commission and a variable commission.
Thus, each end of the week, CGsellers.com will make a summary of the sales actual by the salesman and will reassign with the salesman this decreased sum of a fixed commission per actual effective sale and of a variable commission calculated on the total sum of the sales actual during the week considered.
He thus belongs to the salesman to take account of these commissions well to fix his selling prices.
At the date of last setting in day mentioned in Article 9 of these general terms of sales:
1. The fixed commission by actual effective sale is fixed at 0.75 euro;
2. The commission proportional is equal to 19% of the sales actual during week considered.
Example of calculation of commissions which had by the salesman with CGsellers.com
Let us adopt the approach that a salesman on the whole carries out during the week going of the from February 1st to 7th 2010 seven sales for 620 euros.
The commission will be of:
- Commission fixe = 7 sales X 0,75 euro = 5,25 euros
- Variable Commission = 620 euros X 19 % = 117,80 euros
That is to say a total of 123.05 euros commissions; the salesman will thus perceive in Net the sum of 496.95 euros (620 euros minus 123.05 euros).
It should be noted that the products put gracefully in remote loading by the members do not support any commission of CGsellers.com.
Article 9 – LEGAL MENTIONS - DATE OF LAST UPDATE
Internet site CGsellers.com is published by an independent privately held company.
CGsellers.com
15 Rue Gaston Dourdin
93200 Saint-Denis
France
Go back to last update of these General terms of Sale: February 12th, 2010.
