Privacy policy
General Terms and Conditions of Use and Sale
Article 1: Presentation
The present general terms and conditions of sale detailed below apply to all consultations and/or orders made via the website https://www.theneedlesfactory.com, whose purpose is to put THE NEEDLES FACTORY and its Clients in contact with each other, to list and present a virtual gallery related to tattooing and to sell products and services online.
The website's online shop is hosted on Shopify Inc, which provides the e-commerce platform that enables THE NEEDLES FACTORY to sell its products and services via the address https://www.the-needles-factory.myshopify.com. The Customer acknowledges having been expressly informed of this and accepts this method of operation.
Prior to placing an order, the Customer expressly declares that the purchase of these products is not directly related to his/her professional activity.
Any order placed for a product appearing in the website's online shop implies prior consultation of these general terms and conditions.
The Customer acknowledges that he/she has been fully informed that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document.
The Customer has the option of saving or editing these General Terms and Conditions, it being understood that these operations are the sole responsibility of the Customer.
THE NEEDLES FACTORY reserves the right to modify these general terms and conditions. All Customers are invited to consult these terms and conditions regularly in order to take note of any changes made.
The placing of an order by a Customer implies unreserved acceptance of these general terms and conditions, which may only be deleted, modified or subject to additional stipulations by virtue of a written agreement signed by THE NEEDLES FACTORY.
The Customer acknowledges that, prior to the immediate purchase or the placing of his/her order, he/she has been informed, in a clear and comprehensible manner, of these general terms and conditions and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information: - The essential characteristics of the Product(s), - The price of the Products and related costs; - In the absence of immediate execution of the contract, the date or deadline by which THE NEEDLES FACTORY undertakes to deliver the Product(s), - Information relating to the identity of THE NEEDLES FACTORY, its postal, telephone and electronic contact details, and its activities, The possibility of resorting to conventional mediation in the event of a dispute.
Toute nouvelle fonctionnalité et tout nouvel outil ajoutés au site Web à l'avenir seront également soumis aux présentes conditions générales. THE NEEDLES FACTORY se réserve le droit de mettre à jour, de modifier ou de remplacer toute partie de ces conditions générales en publiant des mises à jour et/ou des modifications sur le site web. Il incombe au client de vérifier régulièrement si des changements ont été apportés à cette page. La poursuite de l'utilisation ou de l'accès au site web après la publication de toute modification constitue l'acceptation de ces modifications.
Article 2 - Up-to-date information
THE NEEDLES FACTORY declines all responsibility if the information available on the site is not accurate, complete or up to date. The content of this website is provided for information purposes only and should not be relied upon by the Customer as the sole source of information for decision making. The website may contain certain prior information. Such previous information, by its nature, is not up to date and is provided for information purposes only. THE NEEDLES FACTORY reserves the right to modify the content of this site at any time. It is the Customer's responsibility to check that the information on the site is up to date.
Article 3 - Acceptance and enforceability
The Customer declares that he/she has obtained from THE NEEDLES FACTORY all the necessary information regarding the services offered and accepts, without reservation, the present conditions. The Customer declares in particular : - He/she has all the technical skills necessary to access and use the website normally in compliance with these general terms and conditions. The Customer acknowledges and accepts that he/she may only benefit from the services offered on the website subject to acceptance of these terms and conditions.
Article 4 - Access to the Website
Access to the Website may only be offered to Customers who have a compatible computer configuration, in compliance with the following prerequisites:
They have a broadband Internet connection contracted with a well-known Internet service provider;
More generally, they have the equipment and material resources to enable them to access and browse the website.
Access to the website is open to any Customer connecting from the URL address: https://www.theneedlesfactory.com
https://www.the-needles-factory.myshopify.com
Access to the website is free to any Customer with Internet access. All costs relating to access, whether hardware, software or Internet access costs, shall be borne exclusively by the Customer. The Customer is solely responsible for the proper functioning of his/her computer equipment and Internet access.
THE NEEDLES FACTORY endeavours to provide quality access and to allow the Customer to use the means of communication made available to him under the best conditions.
Due to the nature and complexity of the internet network, THE NEEDLES FACTORY makes its best efforts, in accordance with the rules of the art, to allow access to and use of the website. However, THE NEEDLES FACTORY cannot guarantee absolute accessibility or availability of the website.
The site/internet is accessible 24 hours a day and 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of THE NEEDLES FACTORY and subject to breakdowns and maintenance operations necessary for its proper functioning.
THE NEEDLES FACTORY reserves the right, without prior notice or compensation, to close the site temporarily or permanently, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being limitative.
THE NEEDLES FACTORY is not liable for damages of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the site, its derived addresses or the services associated with it.
THE NEEDLES FACTORY reserves the right to complete or modify, at any time, the site according to the evolution of technologies.
It is the Customer's responsibility to ensure that the IT and transmission resources available to him are able to adapt to changes in the site.
THE NEEDLES FACTORY makes its best efforts, in accordance with the rules of the art, to secure the site with regard to the risk incurred and the nature of the data processed.
The Customer is prohibited from deleting or modifying data contained on the site.
Any access to a prohibited area will be considered as fraudulent access.
In particular, the Customer undertakes not to carry out any operation aimed at saturating a page or any operation whose consequence is to hinder or distort the operation of the site.
The Customer undertakes not to use any devices or software of any kind that would have the effect of disrupting the proper operation of the site.
The Customer accepts the characteristics and limits of the Internet. He/she is aware that data circulating on the Internet is not necessarily protected.
The Customer shall take the appropriate measures to ensure the security of his/her own data and/or software from contamination by any viruses on the Internet network.
Article 5 - Description of services
The public part of the site provides users with :
Information presenting the activities and actions of THE NEEDLES FACTORY;
General information about the tattoo profession;
The online sale of THE NEEDLES FACTORY products and services via Shopify.
Article 6 - Ordering
Orders are placed via the website https://www.theneedlesfactory.com.
Any order placed on the website https://www.theneedlesfactory.com constitutes the formation of a contract concluded remotely between the Customer and THE NEEDLES FACTORY.
The main characteristics of the product(s) are presented on the website https://www.theneedlesfactory.com, which the Customer is obliged to read before ordering. Product offers are subject to availability. In the event of unavailability of the product(s), the Customer may cancel the order. The products are described and presented as accurately as possible. However, THE NEEDLES FACTORY cannot be held responsible for any errors or omissions in this presentation. The photographs of the products are not contractual. THE NEEDLES FACTORY does not guarantee that the quality of all products, services, information, or any other goods purchased will meet the Customer's expectations.
The Customer is hereby informed that any order placed requires the prior creation of an account. This account will be identified by means of an e-mail address and a password, which will remain personal and confidential. All new Customers must complete the fields provided to create their customer account. THE NEEDLES FACTORY cannot be held responsible if the Customer provides incomplete or erroneous information when creating his/her account, preventing delivery of the order. The provision of nominative information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. Once the account has been created, the Customer who wishes to place an order chooses the product or products of his/her choice. At any time, Customers can check the number of products in their basket and obtain detailed information about each of them. Finally, the Customer completes their order by clicking on the ‘Confirm’ button provided for this purpose.
Validation of the order by the Customer constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the Customer when the order was placed. Validation of an order implies full acceptance of these general terms and conditions. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
The sale will be considered final after THE NEEDLES FACTORY has sent the Customer confirmation of acceptance of the order by e-mail and after THE NEEDLES FACTORY has received the full price. Furthermore, THE NEEDLES FACTORY reserves the right to cancel any order from a Customer with whom there is an outstanding payment or a dispute relating to a previous order.
For any question relating to the follow-up of an order, the Customer may call the following telephone number: 03 21 91 75 23, on the following days and at the following times: Tuesday to Friday, from 10am to 6pm, or send an email to THE NEEDLES FACTORY at the following email address: reclamation@theneedlesfactory.com.
The computerised registers kept in THE NEEDLES FACTORY's computer systems will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 7 - Prices
THE NEEDLES FACTORY reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on this date. Prices are indicated in euros and are only valid on the date the order form is sent by the Customer. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the product(s) in the online shop.
Payment of the full price must be made at the time the order is placed. To pay for his/her order, the Customer has the choice of all the methods of payment made available by THE NEEDLES FACTORY and listed on the website. The payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider intervening for the banking transactions carried out on the site https://www.theneedlesfactory.com. THE NEEDLES FACTORY reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment.
Article 8 - Delivery
Delivery refers to the transfer to the Customer of physical possession or control of the goods. Delivery times are given as an indication and do not constitute an undertaking by THE NEEDLES FACTORY to deliver the product(s) on the date mentioned. The delivery period starts on the date indicated on the order confirmation. The product(s) are delivered to the address indicated by the Customer at the time of the order. Any product returned to the Customer due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
If the Product(s) ordered have not been delivered within a maximum period of 30 days after the indicative delivery date, for any reason other than force majeure or an act of the Customer, the sale may be canceled at the Customer's written request (by regular mail or email). Any amounts paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
At the time of delivery, the Customer is required to check the condition of the Product(s). This inspection must cover the quality, quantities, packaging, condition, references of the Product(s), and their compliance with the order and the delivery slip. The Customer must indicate on the delivery slip, in the form of handwritten, dated, and signed reservations, any anomalies concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.). The Customer must confirm these reservations to the carrier by registered letter with acknowledgment of receipt no later than two business days after receiving the Product(s) and send a copy of this letter by email to THE NEEDLES FACTORY at the following address: reclamation@theneedlesfactory.com. The verification relating to the delivery of the Product(s) is deemed to have been carried out as soon as the delivery slip is signed by the Customer or by a person authorized by them.
If the Product(s) need to be returned to THE NEEDLES FACTORY, a written return request must be submitted within 7 days of delivery. Return shipping costs shall be borne by the Customer. Any claim made outside this period cannot be accepted. Furthermore, the return of the Product(s) will only be accepted if they are in their original condition (packaging, accessories, instructions, etc.). If the above conditions are met, THE NEEDLES FACTORY will reimburse the Customer for the full amount of the order within thirty (30) days from the receipt of the Product(s), excluding return shipping costs.
Article 9 – Third-Party Involvement
Certain content, products, and services available through THE NEEDLES FACTORY may include materials from third parties.
THE NEEDLES FACTORY also reserves the right to provide the Customer with access to external websites operated by third parties, over which THE NEEDLES FACTORY has no oversight, control, or influence, and which are not affiliated with THE NEEDLES FACTORY.
The Customer agrees to review the terms and conditions applicable to these external websites. THE NEEDLES FACTORY is not obligated to examine or evaluate the content or accuracy of these sites and disclaims any responsibility for any content, websites, products, services, or other materials accessible on or from such third-party websites. THE NEEDLES FACTORY shall not be held liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party websites. Any complaints, claims, concerns, or questions regarding products from third parties should be directed to those same third parties.
Article 10 – Warranty
All products sold are automatically covered, in accordance with legal provisions, by:
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The legal warranty of conformity, for products that are visibly defective, damaged, or spoiled, or that do not correspond to the order or immediate purchase.
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The legal warranty against hidden defects arising from a material, design, or manufacturing flaw that renders the product unfit for use.
Under the legal warranty of conformity, the Customer has a period of two years from the delivery of the product to take action against the Seller. The Customer may also choose to invoke the warranty against hidden defects as per Article 1641 of the French Civil Code.
However, THE NEEDLES FACTORY shall not be held liable in cases of misuse, negligence, or lack of maintenance on the part of the Customer, nor in cases of normal wear and tear of the product(s), accidents, or force majeure.
To exercise their rights, the Customer must inform THE NEEDLES FACTORY in writing (email or letter) of the product’s lack of conformity or the existence of hidden defects as soon as they are discovered. THE NEEDLES FACTORY will reimburse, replace, or repair the product(s) or parts under warranty that are deemed non-compliant or defective. The reimbursement, replacement, or repair of the product(s) deemed non-compliant or defective will be carried out as quickly as possible, and no later than 30 days following the Seller’s confirmation of the lack of conformity or hidden defect. This reimbursement may be made via bank transfer or cheque.
In any case, THE NEEDLES FACTORY’s warranty is limited to the replacement or reimbursement of products that are non-compliant or affected by a defect. The following legal provisions regarding the warranty of conformity and the legal warranty for hidden defects are expressly recalled:
Article L.217-4 of the French Consumer Code:
"The seller shall deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made their responsibility by the contract or was carried out under their responsibility."
Article L.217-5 of the French Consumer Code:
"In order to conform to the contract, the goods must:
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Be fit for the usual purpose of such goods and, where applicable:
• Match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
• Present the qualities that a buyer might legitimately expect given the public statements made by the seller, the producer, or their representative, including in advertising or on labeling -
Or have the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, made known to the seller and accepted by the latter."
Article L.217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is limited to two years from the date of delivery of the goods."
Article L.217-16 of the French Consumer Code:
"When the buyer asks the seller, during the course of the commercial warranty granted at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period starts from the buyer’s request for intervention or the availability of the goods for repair, whichever is later."
Article 1641 of the French Civil Code:
"The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have paid a lower price, if they had known of them."
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."
Article 11 – Right of Withdrawal
In accordance with the provisions of Article L221-18 of the French Consumer Code:
"The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded remotely, following a telephone solicitation or outside the business premises, without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25."
The period mentioned in the first paragraph runs from the day:
1° The contract is concluded, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° The consumer or a third party other than the carrier and designated by the consumer receives the goods, for contracts of sale of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the date of conclusion of the contract.
In the case of an order for multiple goods delivered separately or an order for a good consisting of multiple lots or parts delivered over a defined period, the withdrawal period begins upon receipt of the last good, lot, or part.
For contracts involving regular delivery of goods over a defined period, the withdrawal period starts from the receipt of the first item.
The Customer therefore has a period of 14 days from the delivery date of their order to return any product that does not suit them and request an exchange or refund without penalty, except for the return shipping costs, which remain the responsibility of the Customer.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing the products to be resold as new, and must be accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted for return.
The right of withdrawal can be exercised online using the withdrawal form available on the website https://www.theneedlesfactory.com. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer.
Any other written method of declaring withdrawal is accepted, provided it is unambiguous and clearly expresses the intention to withdraw.
An exchange (subject to availability) or refund will be carried out within 48 hours, and no later than 14 days from the date the seller receives the returned product(s) from the buyer in accordance with the conditions described above.
Article 12 – Limitation of Liability
THE NEEDLES FACTORY is subject to a best-efforts obligation and shall only be liable for direct, material, and foreseeable damage of any kind.
THE NEEDLES FACTORY shall not be held liable in the following cases:
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False, incorrect, or incomplete information provided by the Customer at the time of ordering, or consequences resulting from the late transmission of information by the Customer;
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Consequences arising from the Customer's failure to follow all or part of THE NEEDLES FACTORY’s advice;
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Normal wear and tear of the product(s);
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Misuse, improper use, unreasonable or abnormal use of the product(s) by the Customer;
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Accidents or force majeure events.
Furthermore, THE NEEDLES FACTORY assumes no commitment or responsibility, of any kind, regarding:
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Consequences of any interruption or failure of the Internet network and/or internet access services;
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Consequences of the Customer's failure to comply with these General Terms and Conditions;
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Accuracy of the data provided by the Customer in the use of services offered on the website;
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Consequences of any failure and/or security breach of the Customer’s equipment (computer, phone, etc.);
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Negligence in the use of services offered on the website by the Customer.
The Customer is responsible for how they use the services offered on the website and for the equipment they use. The Customer agrees to use the services under their sole and exclusive responsibility. They are solely responsible for compliant use of the services.
The Customer agrees to use the website, dedicated spaces, and the information to which they may have access only under the conditions of use set out in these Terms and Conditions.
They are solely responsible for their access credentials (usernames and passwords), which they expressly agree not to share with any third party. THE NEEDLES FACTORY shall not be held liable in the event of fraudulent use of a customer account by a third party.
Article 13 – Personal Data
13.1 General Provisions
As the data controller, THE NEEDLES FACTORY collects and processes personal data for the following purposes:
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Managing and monitoring the services offered on its website;
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Managing the calendar of events it organizes;
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Analyzing and measuring website traffic.
The collection of data is limited to what is strictly necessary to achieve these purposes.
The general structure of the website, as well as all texts, animated or static images, sounds, and photos, are the property of THE NEEDLES FACTORY.
Any full or partial reproduction of this website by any person or entity without the express authorization of THE NEEDLES FACTORY is prohibited and constitutes an infringement punishable under the Intellectual Property Code.
This also applies to any databases that may appear on the website, which are protected by the provisions of the Intellectual Property Code.
Distinctive signs such as corporate names, trade names, brand names, and domain names displayed on the website are the property of THE NEEDLES FACTORY or of third parties. Any unauthorized reproduction may incur the liability of its author in accordance with Article 1240 of the Civil Code.
The Customer is informed that cookies may be automatically installed on their browsing software when visiting the website.
13.2 Rights of Data Subjects
Information collected from the Customer is processed electronically by THE NEEDLES FACTORY and is necessary for processing their order.
This personal data is also retained for security purposes and to comply with legal and regulatory obligations.
It will be retained for as long as necessary to execute the order and any applicable warranties after the order has been completed.
Access to personal data is strictly limited to the employees of the data controller who are authorized to process it due to their functions.
Information collected may also be shared with third parties linked to THE NEEDLES FACTORY. In accordance with Law No. 78-17 of January 6, 1978, on data processing, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and Regulation (EU) 2016/679, the Customer has the right to access, rectify, delete, and port their data, as well as the right to object to processing for legitimate reasons. These rights may be exercised by contacting the data controller at the postal or email address provided below, along with proof of valid identification.
In case of a complaint, the Customer may contact the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL).
The exercise of the aforementioned rights or submission of directives can be addressed to Mr. Alexandre MARTIN by:
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Postal mail: Mr. Alexandre MARTIN, 90 rue Victor Hugo, 62200 Boulogne-sur-Mer, France.
Requests must include a copy of a valid identity document in order to be processed by THE NEEDLES FACTORY.
Data subjects also have the right to file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).
Article 14 – Applicable Law
Any dispute relating to these general terms and conditions of sale, as well as to the sales governed by them, shall be governed by French law, to the exclusion of any other legislation.
Article 15 – Complaints
THE NEEDLES FACTORY provides a customer service phone line, available at the following number: +33 (0)3 21 91 75 23.
Any written complaint from the Customer must be sent to the following address:
By email: reclamation@theneedlesfactory.com
Article 16 – Jurisdiction Clause
All disputes arising from sales transactions or service provisions governed by these General Terms and Conditions of Sale, relating in particular to their validity, interpretation, execution, termination, consequences, or aftermath, and which cannot be resolved amicably between THE NEEDLES FACTORY and the Client, shall be submitted to the competent courts under standard legal procedures.
The Client is informed that, in any event, they may resort to conventional mediation, in particular with the Consumer Mediation Commission, in accordance with Article L.612-1 of the French Consumer Code, or with any existing sector-specific mediation body, or to any alternative dispute resolution method, such as conciliation, in case of a dispute.
Article 17 – Retention of Title
THE NEEDLES FACTORY retains ownership of the products sold until full payment of the principal price and any additional charges is received. Failure to pay any part may result in a claim for repossession of the goods. These provisions do not prevent the transfer to the Client, upon delivery, of the risks of loss and damage to the sold products as well as any damages they may cause.
ANNEX 1 – Withdrawal Form
To THE NEEDLES FACTORY
Registered under RCS number: 491 989 844 000
Tel: +33 3 21 91 75 23 – Email: reclamation@theneedlesfactory.com
I hereby notify you of my withdrawal from the contract concerning the product(s) listed below:
Ordered on: …… (to be completed)
Received on: …… (to be completed)
Consumer’s name: …… (to be completed)
Consumer’s address: …… (to be completed)
Consumer’s signature: …… (only if this form is notified on paper)
Date: …… (to be completed)