General Terms & Conditions

-- release / January 2016 --

These General Terms & Conditions govern the relationship between the company silkke, a simplified joint stock company, with a capital of 88.734 euros, whose head office is located at 4 rue Voltaire - Nantes (44000) - France, registered with the Nantes Trade and Companies Register, under the number 532 055 258 ("silkke") and the User.

1. Definitions

In these General Terms & Conditions, terms beginning with a capital letter, invariably whether they are plural or singular, have the following meaning:

silkke Avatar: the personalized computer representation of the User in 3D form modeled by silkke from the User's shots taken during the Photographic Session.

3D Photo Booth: the photo booth allowing the capture of images of the User during a Photographic Session with a view to modeling the silkke Avatar.

Access Code: unique code composed of a password and an identifier, each specific to a User to allow access to his User Account.

GTC: these General Terms & Conditions.

User Account: the User's individual account created on the Site.

Photographic Session: the session allowing the capture of images of the User in the 3D Photo Booth.

Associated Services: all the products and services offered by silkke and intended to use the silkke Avatar within, for example, virtual universes such as electronic games, mobile applications or for the manufacture of personalized 3D figurines.

Site: the website accessible from the following URL address www.silkke.net, or any other URL, or any other mobile application, published by the company silkke.

User: any natural person, non-commercial, acting in a non-professional capacity who uses the 3D Photo Booth.

2. Object

These Terms & conditions define the terms and conditions under which silkke offers Users to benefit from a Photographic Session with a view to modeling a silkke Avatar and the Associated Services.

The applicable Terms & conditions are those accepted by the User when registering on the Site and / or when placing an order on the Site.

The GTC govern the relationship between silkke and the User. silkke can modify the Terms & conditions at any time.

The modified Terms & conditions will come into force within thirty (30) days after informing the User by email or on the Site of the posting of a modified version, so that the User can determine whether he wishes to continue using his User Account.

3. Creation of a User Account

3.1 Prerequisites for the creation of the User Account

To carry out a Photographic Session for the modeling of a silkke Avatar and to benefit from the Associated Services, the User must first register on the Site to create a User Account.

The User must complete the online form provided for this purpose by filling in all the information marked as mandatory, and which is necessary for the validation of the registration.

Otherwise, silkke may refuse to create the User Account and to validate the registration.

In this regard, the User undertakes to provide accurate, complete, and up-to-date information concerning him.

The User undertakes to modify this information whenever necessary.

The User acknowledges that he can only hold one active User Account.

If the User is a minor, he must obtain the consent of his parents to be able to create a User Account.

3.2 Terms of provision of the User Account

The creation of a User Account is free.

The User accesses his User Account using his Access Code which is confidential, personal and non-transferable.

He undertakes to take all necessary measures to ensure the confidentiality of his Access Code and to immediately inform silkke in the event of unauthorized use of his Access Code.

The User will make sure to disconnect at the end of each connection to his User Account.

The User Account is strictly personal and cannot therefore be transmitted, by any means whatsoever, to a third party, even free of charge.

The responsibility of silkke cannot be engaged in the event of fraudulent use of the Site or the User Account by a third party.

3.3 Suspension or deletion of the User Account in the event of inactivity

If the User does not connect to his User Account for a period of six (6) consecutive months, silkke may suspend or delete this User Account to ensure the protection of personal data relating to it.

silkke will notify the User of the possible suspension or deletion of his User Account by email two (2) weeks before the suspension or deletion takes effect, to allow the User to connect again to his User Account. and thus avoid its suspension or deletion.

silkke may also restrict, suspend, or delete the User Account of a User in the event of a violation of these T & Cs or of the laws and regulations in force, without the User being able to claim any compensation in this regard.

If silkke is informed that the security of the Site is endangered or that it is misused, it may, without delay, proceed with the temporary or permanent suspension of the User Account to preserve the integrity of the Site and the data.

4. Access to a Photo Session and order associated Services

The User who wishes to benefit from a Photographic Session with a view to modeling a silkke Avatar or ordering Associated Services, must follow the following steps:

  • Select on the Site the 3D Photographic Booth, the date and time of the Photographic Session and / or one of the Associated Services offered by silkke;
  • Check, and correct, if necessary, when displaying the summary of the order, the detail of the order, its total price, as well as the information necessary for payment and, possibly, for delivery of the order;
  • Confirm and pay for the order, subject to having previously accepted these Terms & conditions.

The validation of the order entails the obligation of payment of the order.

The User will receive an order confirmation email containing all the constituent elements of the contract between the Parties.

If the User is a minor, he must obtain the consent of his parents to benefit from a Photographic Session or place an order for Associated Services.

5. Price

5.1 Taxes

The price of the services and goods offered by silkke is indicated in euros all taxes included, considering the rate of Value Added Tax (VAT) and any reductions, applicable on the day of the order.

In the event of an order for a material good offered as part of the Associated Services, the price is indicated excluding shipping costs.

5.2 Outside the European Union

When the User places an order on the Site to be delivered outside the European Union, the price will be calculated excluding tax automatically on the invoice.

silkke recommends that the User find out about all the import taxes that may be applicable to him.

5.3 Payment

Payment can be made online either by credit card, or by means of the Paypal service, or by means of reduction coupons.

6. Identification procedure following the Photographic Session with a view to modeling a silkke Avatar

At the end of the Photographic Session, the User is invited to verify that the captured image corresponds to his identity. To do this, he clicks on the screen made available to him.

silkke cannot be held responsible for any prejudice that the User would suffer in the event of misappropriation or fraudulent or abusive use of all or part of the silkke Avatar by a third party. In this case, the User must immediately notify silkke by e-mail to the address: abuse@silkke.com. These stipulations are expressly considered to be substantial between the Parties.

7. Prohibited uses

The User undertakes during the Photographic Session and when using the silkke Avatar not to:

  • Violate any national or international law or regulation in any way;
  • Undermine public order and / or good morals;
  • Encourage the consumption of alcohol, tobacco or illicit substances;
  • Undermine, in any way whatsoever, the right to respect for private life, the right to image and reputation, of any natural or legal person;
  • Behave in a pornographic nature and / or comments of a pedophile nature;
  • Incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia;
  • Advocate for war crimes or crimes against humanity;
  • Incite to commit a crime, an offense or an act of terrorism;
  • Incite discrimination against a person or group of people because of their ethnicity, religion, race, or because of their sexual orientation or disability;
  • Propose illicit or fraudulent activities for the purpose of exploiting, harming or attempting to exploit or harming minors in any way by reproducing and / or representing it in inappropriate content;
  • Impersonate or attempt to impersonate another person or another silkke Avatar to carry out actions that could harm a third party or silkke and incur liability.

In general, any illegal use of the silkke Avatar will result in the immediate deletion of the User's account, notwithstanding for silkke any possibility of legal action, in particular with a view to obtaining full compensation for his damage.

8. Delivery

8.1 Terms & Conditions

When the User orders a material good offered as part of the Associated Services, such as a 3D figurine, the delivery costs payable by the User are specified when entering the delivery address on the form. order, before the order is validated.

8.2 Terms of delivery

The material goods ordered are delivered to the delivery address indicated by the User on the order form. The User is required to verify the accuracy of the information communicated in this regard.

8.3 Delivery delay

A delivery time is indicated on the sheet of the material good and corresponds to the shipping, processing, and routing times practiced by the postal services in mainland France.

silkke cannot be held responsible or considered to have failed in its obligations for any delay or non-performance, when the cause of the delay or non-performance is attributable to the User (eg: error in the delivery address indicated during the order) or a case of force majeure as defined by the case law of the French Courts.

8.4 Late delivery

Under the conditions of Article L. 138-2 of the Consumer Code, the User can give silkke formal notice to deliver it within an additional 30 days, by registered mail with acknowledgment of receipt sent to silkke customer service, at the address 4 rue Voltaire in Nantes (44000) - France or by email at info@silkke.com.

8.5 Risk transfer

Any risk of loss or damage to the material good is transferred to the User when the latter, or a third party designated by him, takes physical possession of it.

8.6 Reserves

At the time of delivery, the User should indicate to the carrier any reservations about the goods delivered (eg: package already opened; damaged package; item not corresponding to the one ordered; etc.). These reservations must also be notified to silkke customer service:

  • Either by registered mail with acknowledgment of receipt sent to silkke at 4 rue Voltaire in Nantes (44000) - France;
  • Or by email to info@silkke.com.

9. Legal guarantees on material goods ordered as part of the Associated Services

Material goods, such as 3D figurines, are offered for sale by silkke as part of the Associated Services. The User has on these material goods:

  • The guarantee against the lack of conformity of these material goods under the conditions of Articles L. 211-4 to  211-13 of the Consumer Code; and
  • The guarantee relating to hidden defects of these material goods under the conditions of Articles 1641 to 1648 of the Civil Code.

Some of these provisions are reproduced in Appendix 1 of the GTC. It is recalled that under the legal guarantee of conformity, the User:

  • Benefit from a period of two (2) years from the delivery of the goods to act;
  • Can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
  • Is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the goods. This period is extended to twenty-four months (24) from March 18, 2016, except for second-hand goods.

The User can decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, the User can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

If the User wishes to implement one of these guarantees, he is invited to contact silkke customer service by email at info@silkke.com or at the telephone number +33 9 72 28 84 20.

In the event of return of the material good by post, this good must be in the state in which the User received it (intact packaging, instructions, possible accessories). The User also undertakes to protect and properly package the said good to guarantee its integrity during its transport. The shipping costs will be reimbursed to the User based on the invoiced price and the return costs will be reimbursed on presentation of supporting documents.

10. Evidence

The User expressly acknowledges that entering any Access Code constitutes proof of his identity and manifests his consent to all operations that will be carried out on the Site following his identification. The User must make sure to keep his e-mail address valid during the period of his registration on the Site at the risk of no longer being able to access it, in particular in the event of loss of his Access Code. The User expressly accepts that silkke's automatic registration systems are considered as proof:

  • The use by the User of his Access Code, and the dates and times of this use;
  • Content recorded by the User in his User Account;
  • The nature, substance, date and time of all correspondence with silkke staff made using the Site or the tools offered on the Site;
  • And, more broadly, all the information exchanged by means of the Site between silkke and the User.

11. Right to retract

In accordance with the provisions of Article L. 121-21-8 paragraph 3°) of the Consumer Code and about the supply of personalized goods, the User does not have a right of withdrawal.

12. Intellectual property rights

12.1 Intellectual property rights relating to the Site

All the elements that make up the Site, including texts, images, illustrations, photographs, databases, software, brands, trade names, logos, articles, architecture (" Site Content ") are protected by law. of intellectual property.

silkke authorizes the User to access and use the Content of the Site exclusively for private, non-commercial use.

Any reproduction, total or partial use, or extraction or reuse of the Site Content without the prior written permission of silkke is prohibited and may engage the responsibility of its author.

12.2 Intellectual property rights relating to the silkke Avatar

The modeling of the silkke Avatars by silkke automatically confers on silkke all the intellectual property rights relating to the silkke Avatars thus created.

silkke grants the User a non-exclusive, personal and non-transferable right to use the silkke Avatar concerning him so that the User can use it within the mobile applications and other virtual universes of identified and authorized third parties. by silkke that it will have designated in strict compliance with these GTC.

silkke also grants only third parties designated by the User, among the third parties authorized by silkke, a non-exclusive and non-transferable right of use of the silkke Avatar relating to the User for the implementation with these third party of the Associated Services.

This concession is granted, free of charge, for the whole world, for the entire maximum period of protection of intellectual property rights relating to silkke Avatars and provided for by international laws and conventions.

For the User, the right granted by silkke expressly consists of (i) a right to consult the silkke Avatar online on his User Account and (ii) a reproduction right consisting of a backup of the silkke Avatar for a private use.

For the third party designated by the User from among the third parties authorized by silkke, the right granted by silkke consists of a right of reproduction and representation of the silkke Avatar within the limits of the Associated Services that the User has selected. In this regard, silkke undertakes to these third parties that they refrain from selling, marketing, in whole or in part, in any form whatsoever, whether commercial or not, the Avatar silkke, unless otherwise authorized by the User.

The User is also prohibited from selling and / or adapting, in whole or in part, in any form whatsoever, for commercial or otherwise, the silkke Avatar, without the prior written consent of silkke.

13. Image rights of the User

The User expressly authorizes silkke to:

  • carry out during the Photographic Session all the shots of his image necessary for the creation of the silkke Avatar;
  • model the silkke Avatar from the shots taken from the Photographic Session;
  • reproduce and represent the image of the User in the form of the silkke Avatar on the Site and, with third parties that the User has selected for the realization of the Associated Services;
  • transmit the silkke Avatar to third parties that the User has designated, among the third parties authorized by silkke, for the realization of the Associated Services.

The User authorizes silkke and the third parties he has selected to disseminate his image in the form of the silkke Avatar by all technical processes and media known and unknown to date, on fixed and mobile electronic communication networks (including Internet, intranet, etc.) public or private, within his User Account, mobile applications and other virtual universes of third parties designated by the User, on paper, digital or 3D figurine.

This authorization is granted by the User free of charge for the whole world, for the duration of use of the User Account. If the User is a minor, silkke reminds him that he must give him during the Photographic Session a copy of the prior written authorization completed and signed by his parents to allow the uses of his image as detailed in this article. The model of the prior authorization is available here: Annex 2 - Authorization Right Image Minor 13oct15.

14. Protection of personal data

silkke attaches great importance to the protection of personal data and wishes to assure the User that his personal data is protected. The User is informed that his registration as well as the use of the Site and the Associated Services give rise, for silkke, to the collection and automated processing of personal data concerning him, the use of which is subject to the provisions of the Law n ° 78-17 of January 6, 1978 relating to Computing, Files and

Freedoms as amended by law n ° 2004-801 of August 6, 2004 (CNIL 1564332 / MW1553188J / EF715560881).

silkke collects the following data:

  • the information provided by the User when creating the User Account;
  • the information provided by the User for the completion of his order;
  • the data allowing the modeling of the silkke Avatar;
  • the shots resulting from the Photographic Session;
  • the places of use of the silkke Avatar;
  • the Associated Services used;
  • the content saved in the User Account, technical data such as for example the URL used by the User or his IP address.

The collection and storage of this data is intended for:

  • modeling of the User's Silkke Avatar;
  • the implementation of the Associated Services ordered;
  • processing of orders placed by the User;
  • carrying out studies intended to improve the services offered by silkke to the User;
  • the development of anonymous statistical analyzes with User data
  • subcontractors to which silkke uses for the realization of the silkke Avatar, the processing and management of the order as well as the implementation of the Associated Services.
  • sending e-mails and all information and offers to the User;

The User's personal data may also be:

  • used by silkke to send it by e-mail information and commercial offers on silkke products and services;
  • transmitted to silkke partners, if the User has given his consent, to send him by e-mail information and commercial offers on their products and services.

If the User is a minor, his personal data may only be used for sending information and commercial offers by silkke or its partners with the consent of his parents. The processing of personal data operated by silkke has been declared to the National Commission for Computing and Liberties. The User has a right of access and rectification to data concerning him as well as a right of opposition, for legitimate reasons, to the processing of this data, which he can exercise by contacting, by email to: privacy@silkke.com .

silkke implements all the means at its disposal to preserve the security of the data and, in particular, to prevent it from being distorted, damaged, or that unauthorized third parties have access to it.

15. Cookies

When viewing the Site, cookies are placed on the User's computer or mobile by silkke for the purposes of browsing the Site as well as the optimization and personalization of the services offered to the User on the Site. The cookies used by silkke and its partners have different purposes. It can be:

  • Cookies essential for the operation of the Site: these cookies allow the User to use the main functions of the Site. The User cannot use the Site normally and complete his orders there without the installation of these cookies;
  • Analytical cookies: these cookies allow silkke to know the use and performance of the Site and to improve its operation, in particular by analyzing the pages most often consulted;
  • Functional cookies: these cookies make it possible to personalize the User's experience on the Site;
  • Social network cookies: these cookies allow the User to share pages and content on social networks published by third-party companies and to target the advertising offer on these sites;

The User can deactivate these cookies at any time and configure his browser to control or prevent their deposit. If he wishes to do so, the User is invited to consult the help menu of his browser.

16. Force Majeure

silkke cannot be held responsible for any defect, delay, or non-performance of its obligations under the GTC, when this defect, delay or non-performance is related to a case of force majeure as defined by French case law.

17. Site operation

The Site is normally accessible via the Internet network.

During Site maintenance operations, use of the Site may be temporarily degraded or interrupted, in whole or in part and for all or part of the Users. silkke does not make any commitment in this regard about the performance of the Site. silkke cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable User's equipment, malfunctions of the services of the User's access provider, to those of the internet network. It will be the same for all other reasons external to silkke.

In addition, the User acknowledges that the characteristics and constraints of the Internet network do not guarantee the total security, availability, and integrity of data transmissions. Consequently, silkke does not guarantee that the Site will operate without interruption or error.

18. Applicable law - attribution of jurisdiction

These Terms & conditions are governed by French law.

Subject to the applicable public order provisions, the courts within the jurisdiction of the head office of silkke will have sole jurisdiction to hear any dispute relating to orders or resulting from the execution, interpretation, and termination of the Terms & conditions.