Terms of service

Who publishes this site

www.darksails.fr is published by Darksails, Jérémy Dubé's workshop.

• Darksails, Jérémy Dubé, sole trader (entrepreneur individuel, EI)

• 27 avenue Édouard Bourlaux, 33140 Villenave-d'Ornon, France

• SIRET 517 418 133 00024 · VAT not applicable, art. 293 B of the French General Tax Code

• Contact: admin@darksails.fr

These terms cover the use of the site. Your purchases are governed by our Terms and conditions of sale.

The legal framework · Publisher identification required by the French Digital Economy Act (LCEN).

Access and customer account

You can browse the site and order without creating an account.

• If you create an account, give accurate, up-to-date information.

• Keep your login details to yourself, and let us know if someone uses them without your permission.

• To order, you must be an adult or have permission from a parent or guardian.

• Some features may require you to log in or verify your identity.

The legal framework · Contractual capacity of minors (art. 1146 and 1148 of the French Civil Code).

Our work and our brand

Everything you see here was created by Darksails or is used with permission. Please don't copy it without asking.

• Texts, photos, illustrations, logos, visuals and product descriptions are protected.

• The DARKSAILS trademark is registered with the INPI, the French intellectual property office.

• Reproducing, modifying, distributing or using them without permission is prohibited, except where the law allows it.

• Visiting the site gives you no rights over this content.

The legal framework · Copyright and trademark law (French Intellectual Property Code).

Links to other sites

When a link takes you elsewhere (social media, payment, partners), that site's rules apply.

Each third-party site has its own terms and privacy policy. We don't control their content or how they work, and can only be held responsible for them within the limits set by law.

The legal framework · Liability limited to the services we provide ourselves, without excluding what the law requires of us.

Your reviews and photos

Your reviews are published as written. We never edit them to make them more favourable.

• You can post a review, comment or photos of our products, when the feature is available.

• Reviews are collected and displayed through Judge.me, with their publication date. Only customers who placed an order can leave one: every review matches a real purchase.

• By posting, you confirm you have the rights to what you send, and that nothing in it is unlawful, misleading, defamatory or infringes anyone's rights.

• You allow us, free of charge and non-exclusively, to display your review on the shop and in our communications about the products concerned.

• Your photos will never be used commercially on their own without your consent, where it's required.

• We may remove content that is clearly unlawful, fraudulent, abusive or unrelated to the product. If your review isn't published, we tell you why.

A question about a published review? Write to us at admin@darksails.fr.

The legal framework · Information on the publication and checking of online reviews (art. L111-7-2 and D111-16 to D111-19 of the French Consumer Code).

Hosting

The shop runs on Shopify, but you're buying from Darksails.

• Host: Shopify Inc., 151 O'Connor Street, Ottawa, Ontario K2P 2L8, Canada.

• Shopify provides the technical infrastructure: displaying the site, orders and related services.

• The sales contract is between you and Darksails, which remains the responsible seller.

The legal framework · Host identification required by the LCEN.

Your personal data

Everything about your data is explained in our Privacy policy.

You'll find what we collect, why, who has access, how long we keep it and your rights. Non-essential cookies are only used with your consent.

The legal framework · General Data Protection Regulation (GDPR) and the French Data Protection Act.

What's not allowed

Use the site normally and lawfully. In particular, don't do any of the following:

• Fraud, identity theft or any unlawful use of the site.

• Copying or using our protected content without permission.

• Collecting other users' personal data.

• Introducing malware or trying to compromise the site's security.

• Disrupting how it works or accessing its systems without permission.

• Using our name, photos or brand to suggest your products are sold or endorsed by Darksails.

Buying to resell doesn't make you an official reseller. Presenting a partnership or authorised distribution requires our prior written consent. In case of serious abuse, we may take the necessary steps to protect the site and our rights, within the limits of the law.

The legal framework · Protection of computer systems (art. 323-1 and following of the French Criminal Code) and of the trademark (French Intellectual Property Code).

Account suspension

We only suspend an account for fraud, a security threat or serious abuse, and we warn you first whenever possible.

• The measure stays proportionate to the situation.

• A suspension never affects your past orders, your refunds or your guarantees.

• You can ask us to close your account at any time by email. Some data must be kept for our legal obligations.

• The rules on intellectual property and liability continue to apply after closure, where necessary.

The legal framework · Your rights from orders and legal guarantees remain intact (French Consumer Code).

Our responsibilities

We do our best to keep the site available, secure and accurate. If you spot a mistake, let us know.

• Temporary outages can happen: maintenance, technical failure or events beyond our control.

• We aren't liable for unlawful use of the site by others, or for circumstances reasonably beyond our control, except where the law makes us responsible.

• Nothing in these terms limits your consumer rights, your legal guarantees or any liability the law doesn't allow to be excluded.

The legal framework · Clauses limiting consumer rights are prohibited (art. L212-1 and R212-1 of the French Consumer Code).

If we disagree

Write to us first: we always look for a friendly solution.

• Contact: admin@darksails.fr

• French law applies, without depriving you of the mandatory protections of your country of residence.

• Without agreement, the competent court is determined by the legal rules. You keep the remedies provided by French and European law.

• For a purchase, you can also contact our consumer mediator free of charge: their details are in our Terms and conditions of sale.

• If any clause of these terms were found invalid, the others would still apply.

The legal framework · Law applicable to consumers (art. 6 of the Rome I Regulation), consumer mediation (art. L612-1 of the French Consumer Code).

Updates to these terms

If these terms change, the date at the top of the page changes too.

They may change with the site, our services or the law. A change never affects an order already placed: it remains subject to the terms in force on the day of purchase.

The legal framework · The sales contract is governed by the terms accepted when it was concluded.