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The present general conditions are applicable between Thunder SAS (Société par Actions Simplifiées), share capital : 3.000 €, RCS of Créteil: 919 312 967, registered office: 44 Avenue Gabriel Péri, 94100, Saint-Maur-des-Fossés, France, email: contact@thunder-stock.com, hereinafter " Thunder " and any person, natural or legal, of private or public law, registered on the Website, hosted by the company Ionos SARL (Limited Liability Company), SIREN: 431 303 775, domiciled at 7 Place de la gare, 57200, Sarreguemines, to benefit from one or more Services, hereinafter " the Customer ".
" Customer ": any person, natural or legal, private or public, registered on the Site.
" User ": any person, natural or legal, private or public, visiting the Site, whether connected or not.
" Site": websites accessible from the URL www.thunder-stock.comas well as sub-sites, mirror sites, portals and URL variations thereof, including the web application available from the URL https://app.thunder-stock.com/ or the mobile application, including naturally and by extension the elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" Thunder ": Thunder SAS, it being considered that Thunder SAS provides the Customer and User with a set of services, including for example and in a non-exhaustive manner the publishing, maintenance and regular updating of the Website or the enrichment of the Service.
" Offer ": service offered by Thunder to the User, including by extension and in a non-exhaustive manner the various communication media and web pages of the Site, as well as any associated digital file, published on the Site by the Customer for the sale of a Product.
" Service " means a service performed by Thunder for the benefit of the Customer and consisting of, but not limited to, authentication and evaluation of Products, storage of Products, intermediation of Product grading, provision of an online marketplace to sell Products to other Customers and purchase new Products from other Customers, and any other service affiliated with or necessary for the performance of the Services offered on the Site. The details of each Service are available on the Site and in the present general conditions.
" Product " means property of any kind supported by Thunder in accordance with the Services offered, including but not limited to trading cards or other collectibles that may be the subject of a Service.
The purpose of these General Conditions is to determine the conditions of use and sale of the Site.
Access to the Site is free of charge. Any User tacitly accepts the present General Conditions by browsing the Site.
The simple connection to the Site, by any means whatsoever, implies full and complete acceptance of these Terms and Conditions.
By registering on the Site, the User confirms his/her voluntary and fully conscious acceptance of these General Conditions.
The User also acknowledges that he/she has fully understood these General Conditions and confirms that he/she accepts them without restriction.
The acceptance of the Customer or the User is materialized by his electronic signature, concretized by the possibility of checking the box associated with the General Conditions at the time of his registration on the Site. This electronic signature has the value of a handwritten signature between the parties. This step is equivalent for the Customer to conclude the contract and to recognize that he/she has fully understood and that he/she approves all the General Conditions.
In particular, the communication of sensitive information, for example and in a non-exhaustive way its bank details at the end of the payment of its order or a proof of residence and an identity document at the time of its registration on the Site constitute an indisputable commitment of the full acceptance of the present General Conditions by the Customer or the User.
The User acknowledges having read these Terms and Conditions when browsing, registering or connecting to the Site, and waives the right to contest them in the event of a dispute. In the event of a dispute, the User undertakes to provide, by his own means, indisputable proof justifying his appeal.
The present General Conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the User or the Customer if the latter is a professional.
By accepting the present General Conditions, the User undertakes to be physically, intellectually, morally and legally capable of making such a commitment. Failing that, the User undertakes to have received the authorization of a guardian or curator to accept the present General Terms and Conditions, in particular, if the User is considered incapable, if the User is a minor, or if the User acts on behalf of a legal entity, the User undertakes to provide the legal, administrative and judicial proofs that Thunder reserves the right to demand.
By accepting the present General Conditions, the User expressly renounces his right of withdrawal. In particular, the User acknowledges that he/she has waived his/her right of withdrawal in the event of a change of mind after his/her decision to purchase, and may not withdraw, and therefore may not request either the cancellation of his/her order or its reimbursement. The User assumes full responsibility for purchases made on the Site.
Thunder shall not be liable for any dispute or default by the User, who waives Thunder's liability for any dispute.
In accordance with the commitment made by the User and the Customer and described in Article 3 of these General Conditions, the Customer declares and guarantees that :
More generally, the Customer accepts and guarantees that the information provided in the context of the Service is accurate and complete. The Customer commits his responsibility in case of dispute and accepts that Thunder reserves the right to refuse Products that do not comply with the present General Terms and Conditions, the conditions of the Services and the rules of use of the Website.
The Customer agrees not to propose any editorial content within the Offers that may :
Customer agrees not to interfere with or disrupt Thunder 's Site and servers and to comply with the requirements, procedures, and general rules communicated to Customer by Thunder.
Any illegal or generally unauthorized use of the Site will result in the immediate deletion of the Customer's account, without prejudice to any damages Thunder may be entitled to.
Consequently, the Customer guarantees Thunder against any damage that may be caused to him as a result of his use of the Site.
Thunder offers to Users and Customers the following Services: intermediation of the sale of Products to other Users and Customers, intermediation of the grading of Products, grading, authentication, certification, appraisal, protection and storage of Products, preservation of Products in secure reserves and safes, provision of an online marketplace to sell Products to other Customers.
Thunder proposes to the Customers to put their Products for sale on the Site. The sale is conditional upon the approval of the Product by Thunder , which is responsible in this case for the appraisal, certification and evaluation of the Product, leading to the attribution of a grade to the Product.
As part of its Services, Thunder proposes to act as an intermediary in the valuation of the Products sent to it by the Customer. Thunder provides services of estimation and evaluation of the Products for the Users and the Customer and proposes to facilitate the grading of the Products by third party partner companies.
As part of its Services, Thunder offers to grade the Products sent to it by the Customer ("Cards Grading" service). The price of the associated Service is detailed in the dedicated section on the Site.
As part of its Services and in accordance with the eligibility criteria conditioning the sale of Products on the Site, Thunder offers to store the Customer's Products in a suitable and secure environment for the preservation of the Product ("Vault" service). This Service includes the storage itself, the protection of the Products as well as the required insurance.
Thunder proposes to Customers to put their Products on sale on the Site. In this case, Thunder takes care of the drafting of an offer, its publication, the relationship with the buyer and the sending of the Product. The Customer grants Thunder a mandate to collect the price of the Product, which will then be paid to the Customer, after deduction of a commission, the amount of which is indicated on the Site, on the page dedicated to this Service.
The prices of the Services are indicated on the Site in the dedicated sections.
The applicable prices are those displayed on the Site on the day of the order.
These prices may be modified at any time by Thunder for any subsequent order. The subscription or purchase of a Service by the Customer does not constitute a commitment by Thunder to provide the same Service again at the same price during a subsequent purchase.
The prices displayed are only valid on the day of the order, Thunder reserves the right to modify the prices of its Services at any time.
The prices indicated on the Site are displayed in euros and exclude VAT and delivery costs*.
The amounts of participation paid to Thunder within the framework of its Services are indicated in the summary page of the Customer's order, before final validation of the purchase.
The payment of the Services takes place once the summary of the order validated by the Customer.
The payment is made exclusively by Paypal, credit card CB, Visa or Mastercard by informing the information requested on the relevant page of the Provider's website.
The order will only be shipped once the Customer's bank details have been verified and authorization to debit the credit card has been received. Without such authorization, the service will not be provided.
The Customer undertakes to have previously provided all the information necessary for his registration on the Site as well as the information necessary for the registration of his order.
Payment is made via a secure platform operated by the company Stripe. The data recorded by the Stripe payment system constitutes proof of the financial transactions carried out by credit card. No data is stored by Thunder.
The Customer can also pay for his purchases on the Site by Paypal. The data recorded by Paypal constitute the proof of the financial transactions made by this method of payment. Paypal does not transmit confidential information relating to the payment to Thunder.
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of ordering a Service to exercise his right of withdrawal from Thunder.
To exercise your right of withdrawal, you must notify Thunder of your decision to cancel in an unequivocal manner by sending a registered letter to the address indicated in Article 1 of these general terms and conditions or by electronic means by filling in and transmitting the corresponding form, the date of sending the letter being taken as proof.
In the second case, the Customer may exercise his right of withdrawal by sending an e-mail indicating that he is requesting to exercise his right of withdrawal before the expiry of the aforementioned 14-day period to the address contact@thunder-stock.com.
In case of exercising the right of withdrawal, the return costs will be charged to the Customer.
Please note that the right of withdrawal cannot apply if the Service has been fully performed before you exercise your right of withdrawal.
Thus, the Customer may expressly indicate at the time of his order, or by e-mail to contact@thunder-stock.com, that he wishes the Service to begin after the end of the applicable withdrawal period.
The right of withdrawal does not apply, in particular, to contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the Customer and express waiver of his right of withdrawal.
The Customer who has exercised his right of withdrawal from a contract for the provision of services, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay Thunder an amount corresponding to the service provided until the communication of his decision to withdraw.
During the validation of the order of a service, the waiver of the right of withdrawal of the Customer will be manifested by the fact of notching the box corresponding to the waiver of the right of withdrawal of the Customer. The Customer receives then a confirmation by email of his waiver of the right of withdrawal.
Access to the Website is free of charge. Any User may browse the Site and access the various web pages opened in free access by Thunder.
The access to the Services of the Site and to the associated and dedicated web pages is conditioned to the creation of a personal space by the User, essential prerequisite to any order of a User or a Customer on the Site.
In accordance with the provisions of these General Terms and Conditions and the rules of use of the Site, the User undertakes to provide a certain amount of personal information, which he or she guarantees to be accurate, complete and authentic.
Some of this information being essential to the creation of a personal space, the refusal of a User to provide the information, documents and proofs requested will have the immediate effect of preventing the creation of the personal space, and will consequently prevent the User from accessing the Services of the Site.
Thunder reserves the right to refuse registration as well as access to the Site and its Services for any User providing misleading or incomplete information. A User whose responsibility and manifest, conscious and deliberate will to harm would have been confirmed will thus be permanently banned from the Site. Furthermore, Thunder reserves the right to permanently delete the account of any Customer who does not comply with these Terms and Conditions.
The creation of a personal space allows the Customer to have access to and modify at any time the information related to his account (for example and in a non-exhaustive way the e-mail address, telephone number and password used by the Customer during his registration on the Site).
Thunder reserves the right to modify the content of the Customer's personal space, including the possibility to enrich its content and to offer the Customer a more complete set of services accessible from his personal space.
Thunder undertakes to keep in a secure manner all contractual elements which are required to be kept by the law or the regulations in force.
In accordance with the legislation in force, a personal space that has remained inactive for two years will automatically result in the deletion of the Customer's account and associated information. Thunder shall in no case be held responsible for any fault or damage to the banned Customer, who shall not be entitled to any compensation as a result.
Thunder reserves the right to take legal action against the banned Customer if the facts justify it.
If the Products to be certified and put on sale sent by the Customer are different from those mentioned in the order form, Thunder has the right to terminate its services. The Customer will be reimbursed, after deduction of the shipping costs incurred for the return of the Products as well as the costs incurred for the Services already performed or partially performed.
Thunder may also modify the Customer's order to make it conform to the Products received. A price supplement or a price reduction may then be requested. The processing time of the order may then be extended.
In general, Thunder reserves the right to modify or correct certain information provided by the Customer if such information proves to be erroneous during the systematic evaluation of the Products.
Furthermore, the Customer acknowledges having been informed of the eligibility criteria of the Products and undertakes to respect and accept the conditions of sale of the Products on the Thunder Marketplace.
Customer agrees to send eligible Products for sale, and acknowledges that it has been informed and voluntarily accepts that certain Products may be rejected if they do not meet the eligibility criteria set forth by Thunder and accepted by Customer.
The Customer acknowledges having read these Terms and Conditions, and therefore acknowledges having been informed of the conditions of use of the Site and the Services offered by Thunder.
In this respect, the Customer acknowledges that it is fully aware of the essential derived Services performed by Thunder in the context of the performance of the Services to which the Customer has subscribed.
The Customer acknowledges having taken cognizance of and accepted without reservation the following non-exhaustive list of elements as well as all other essential elements in Thunder' s activity: rating scale, authentication and appraisal of the Products including their handling by specialists, protection and storage of the Products, provision, enrichment and improvement of digital interfaces enabling the Customer to make sales on the Site.
The Customer acknowledges that he has waived his right of recourse against the essential elements of the Services he purchases on the Site. In particular, the rating, the authentication and the potential refusals of Products that do not meet the eligibility criteria for sale are the sole responsibility of Thunder and cannot be questioned by the Customer. A fortiori, the Customer acknowledges that he cannot question the elements concerned in the event of a dispute.
The Customer using the services of Thunder accepts the rating scale elaborated by the company. In case of disagreement with the rating, he/she cannot engage the responsibility of Thunder nor claim a lack of conformity.
Thunder reserves the right to refuse to rate and certify a Product, including when the company receives Products whose condition is degraded and would result in a clear refusal according to the eligibility criteria grid for the sale.
During the execution of the Services, the Products provided by the Customer are handled with care by Thunder. If, however, the Product should be damaged or lost, within Thunder's premises, for any reason other than force majeure as provided for in these General Terms and Conditions, the company undertakes to compensate the Customer up to the value declared at the time of the order. It being specified that Thunder will reimburse the Customer up to the value declared at the time of the order in the event that it does not return the Product to the Customer. In the event that the Product is returned to the Customer, Thunder will offer the Customer a partial refund in proportion to the damage caused.
In the normal course of performing its rating and certification operations, Thunder may take or cause to be taken one or more digital photographs or other types of photographs, images or reproductions of each Product to be certified. In consideration of the services provided by Thunder, the Customer, on its behalf and on behalf of any third party for whom it may be acting, hereby authorizes Thunder to take or cause to be taken one or more photographs of each Certified Product. Customer further acknowledges that Thunder is the owner of such photographs and that Thunder may use and exploit such photographs for commercial and other purposes at Thunder's discretion, including, but not limited to, publication and republication or reproduction, in any medium, of such photographs.
Thunder undertakes to exercise the care and diligence necessary to provide quality Services in accordance with the specifications of these general conditions. Thunder is only responsible for an obligation of means concerning the services which are the object of the present.
Thunder shall not be held liable by the Customer in case of force majeure or if the Customer is himself guilty of a fault for which he could be held liable.
In the sense of the present General Conditions, will be considered as a case of force majeure opposable to the Customer any prevention, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of the transmission networks, collapse of the installations, unlawful or fraudulent use of passwords, codes or credentials provided to Customer, hacking, security breach attributable to the Site's host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Thunder.
In such circumstances, Thunder shall be excused from performance of its obligations to the extent of such impediment, limitation or disruption.
In the sense of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, non-compliance with the advice given by Thunder on its Website, any disclosure or unlawful use of the Customer's password, codes and credentials, as well as the provision of erroneous information or the failure to update such information in its personal space, shall be considered as a fault of the Customer. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general terms and conditions of sale, shall also be considered as a fault of the Customer.
Within the framework of its services, Thunder is required to process personal data of its Users and Customers.
The person responsible for the collection and processing of data on the Site is Thunder.
The data collected during the contractual relationship are subject to automated processing for the purpose of :
The data collected has a legal basis in a contractual relationship.
The data collected is only available to Thunder within the limits strictly necessary for the execution of the contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third party.
The personal data collected are kept for the duration of the contractual relationship, and for the time during which Thunder' s liability may be incurred.
After the retention period has expired, Thunder undertakes to permanently delete the data of the persons concerned without keeping a copy.
Personal data is kept in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to Thunder 's premises is also secured.
Thunder may also collect and process any data voluntarily submitted by its Customers.
Thunder directs its Customers to provide personal data strictly necessary for the execution of the contractual commitments.
Thunder undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
Thunder 's Customers have the ability to access their personal data.
Due to the obligation of security and confidentiality in the processing of personal data which is incumbent upon Thunder, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in case of request via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of a written request), both accompanied by the words "I certify on my honour that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
Thunder 's Customers have the right to request the correction, updating, blocking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
Thunder Customers may also set general and specific directives regarding the disposition of personal data after their death. Where applicable, the heirs of a deceased individual may require consideration of their loved one's death and/or updates as necessary.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
Thunder 's Customers have the opportunity to object to the processing of their personal data.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
Thunder Customers are entitled to receive the personal data they have provided to Thunder in a transferable, open and readable format.
Thunder Customers have the right to request that Thunder' s processing of their personal data be limited. In this way, their data will only be stored and not used by Thunder.
The Customers also consent to the disclosure of the collected data by Thunder to any person, upon request of a state authority or upon a court order.
If Thunder is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to Thunder' s transfer of the collected data to that company and to that company operating the personal data processing referred to in these Terms of Service in place of Thunder.
The Thunder Site is also designed to be particularly attentive to the needs of Customers and Users. That is why "cookies" are used. The purpose of the cookie is to signal the passage on the Site. Cookies are used by Thunder only to improve the personalized service intended for the Customer.
The Site, as well as parts of it, may be protected by copyright and database law.
Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of Thunder is strictly prohibited. All the more so, any unauthorized reproduction by Thunder or its assignees or beneficiaries constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to legal proceedings for infringement.
The User and the Customer contractually commit to Thunder not to use, reproduce or represent, in any way whatsoever, the Site, its content, the Services offered and other various provisions which are the exclusive property of Thunder and for which Thunder has registered patents and trademarks.
The content of Thunder 's website is its exclusive property, or that of its partners, the content of Thunder 's website is protected by French and international laws relating to intellectual property.
Customer is prohibited from damaging Thunder in any way or using it in a manner inconsistent with its intended purpose and the conditions set forth in the General Terms and Conditions.
The Customer shall not develop a competing product or service and/or copy or reproduce any features, functions or graphic attributes of the Services or Products.
Any total or partial reproduction of the contents present on the Thunder website is strictly prohibited and is likely to constitute an infringement of copyright.
The present General Conditions are subject to French law.
The language of these General Conditions is French.
In case of difficulties in the application of the present Terms and Conditions, the User or the Customer undertakes to contact Thunder in priority with a view to resolving the dispute in question amicably, before any litigation before the competent courts.
If the dispute persists, the French courts will have exclusive jurisdiction.
All disputes to which the present general terms and conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between Thunder and the Customer amicably, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case have recourse to a conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectorial mediation bodies whose references would appear on Thunder' s website, or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
If the Customer finds that a violation of the General Regulation on the protection of personal data has been committed, he/she may appoint an association or an organization mentioned in IV of Article 43 ter of the 1978 Data Protection Act, in order to obtain compensation from the data controller or subcontractor before a civil or administrative court or before the National Commission on Data Processing and Liberties.
Thunder' s failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
The stipulations of the present General Conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
These Terms and Conditions became effective on June 17, 2022. Thunder reserves the right to unilaterally modify these Terms and Conditions.
