Terms and conditions - Maselda

These General Terms and Conditions of Sale are concluded between, on the one hand, the company Maselda, 47 square de Montsouris, 75014 PARIS, represented by Daniel Lettmann in his capacity as manager, duly authorized for the purposes hereof (hereinafter referred to as “the Company ”), and on the other hand, a professional (hereinafter referred to as“ the Customer ”) wishing to buy the Device marketed by the Company. The Customer accepts all of the terms and conditions herein by payment.

These General Conditions of Sale are supplemented by the General Conditions of Use accessible at any time on the Company’s website at the address: www.prinker-europe.com.
Acceptance by the Customer of the General Conditions of Sale implies acceptance of the General Conditions of Use.

These General Terms and Conditions of Sale relate to the sale of a miniature tattoo inkjet printer, as well as its accessories.

Article 1 - Definitions

“The Company” means the Maselda, a “EURL” with a share capital of €1,000, with its registered office located at 47 square Montsouris, 75014 Paris, registered with the RCS Paris under number 841 087 463.

“Customer” means the customer accepting these GTCS, having the quality of professional, that is to say any natural or legal person, public or private, who acts for purposes within the framework of their commercial, industrial activity, artisanal, liberal or agricultural, including when acting in the name or on behalf of another professional

“GTC” or “General Conditions of Sale” means these general conditions of sale

“Device” means any product offered for sale by the company on the website accessible at the address www.prinker-europe.com, namely a temporary tattoo printer, miniaturized inkjet printer and / or its accessories.

“Consumable” refers to the ink and primer required to use the Device.

“Party” means in the singular the Company or the Client, and in the plural the company and the Client together

“Site” means the website published by the Company and accessible online at the URL address: www.prinker-europe.com.

“User”: designates a natural or legal person who uses the Site.

Article 2 - Application and enforceability of the GTC

These GTCS aim to define the terms of the contract concluded at a distance between the Company and the Customer. They regulate all the stages necessary for placing the order and ensure the follow-up of this order between the Contracting Parties.

These GTCS express the entire obligations of the Parties. No general or specific condition may, unless formally accepted in writing by the company, prevail against these conditions or be part of the contractual relationship between the Parties.

The fact for one or the other of the Parties not to claim a breach of any of the obligations resulting from these CGV cannot be interpreted as a waiver of the obligation or the right in question, nor as having the effect of granting acquired rights to the other party.

The Company reserves the right to modify the GTC. They then apply to orders placed after they are put online. In any case, the version of the GTC opposable to the Customer is that accepted by the latter at the time of validation of his order

The CGV are permanently accessible on the Site in the CGV section. The Customer can access the archived T & Cs by making the request by e-mail to the address: .

In the event that any of the terms of the CGV would be considered illegal or unenforceable in application of a law, a regulation or a court decision rendered by a competent court and which has become final, the other provisions will remain in force, unless the provision (s) set aside (s) made (s) the continuation of the execution of these GTC impossible or excessively unbalanced compared to the initial stipulations.

Article 3 - Order and modification

3.1 - Choice of products and services

The Customer places an order directly on the Site www.prinker-europe.com.

The Customer chooses a Device presented in real time on the Site on the day of the order.

The Customer acknowledges having read the nature, destination and terms of use of the product and services available on the Site and having requested and obtained the necessary and / or additional information to place their order with full knowledge of the facts.

The Customer is informed that the Device is intended for professionals. He is therefore solely responsible for his choice of products and services, and for their suitability for his needs, so that the responsibility of the Company cannot be sought in this regard.

The total or partial impossibility of using the Device, in particular due to incompatibility of equipment or handling difficulties, cannot give rise to any compensation, reimbursement, or questioning of the responsibility of the company, except legal obligation.

3.2 - Acceptance of the GTC and order process

The Customer wishing to order on the Site agrees to communicate beforehand the information requested from the forms available online. The Customer also certifies the veracity and accuracy of the information thus transmitted.

The contracting procedure includes the following stages:

customer identification, choice of products and services, additional information necessary to take into account the order;
choice of billing and delivery address, delivery method and payment method;
summary of the order: the Customer can check the details of the order and its total price, modify it, correct any errors or cancel the order;
acceptance of the GTC before the validation of the order. Indeed, any order implies the full and entire acceptance by the Customer of these GTC through a check box.

The company acknowledges receipt of the Customer’s order by sending an email without delay.

Any order will be taken into account only after receipt, collection and acceptance by the bank of the company of the payment of the full price. Failure to receive this price within three (3) calendar days after placing the order will imply the abandonment of the order, the Customer being informed, which will result in the product not being delivered.

3.3 - Storage and archiving of the order

The company ensures the conservation of the written record noting the Customer’s order for an amount greater than or equal to one hundred twenty (120) euros for a period of ten (10) years from (i) of the delivery having been the subject of the order for the products and (ii) of the end of the performance of the service, and guarantees access to it at any time during the same period.

Contractual documents will be kept in electronic or paper format.

The company guarantees access to contractual documents kept at the Customer’s request in the following ways: request by letter to the following address 47 square de Montsouris 75014 PARIS or by email to .

Article 4 – Price

The price of a Pack includes the cost of the Device, as well as that of all the supplies and consumables necessary for its use (ink cartridges, batteries, charger and primer). These consumables can also be ordered separately.

Access to the online services necessary for using the Device (www.prinker.net) is not included in the Price. The Customer, if he chooses a paid subscription, must pay the price separately on the site www.prinker.net.

Article 5 – Payment

Payment for the order is made by card or bank transfer. This must be issued in euros by a bank domiciled within the European Union.

In the event of default, partial or total, or in the event of late payment, the company reserves the right not to deliver the Device, without prejudice to any other course of action against the Client.

In the event of prolonged default in payment, the sale will be automatically terminated by the company, which may activate the retention of title clause, without prejudice to any other damages.

Article 6 – Deadlines, delivery and reception

The Devices are delivered within the indicative period of 5 to 8 working days, subject to available stocks.
The ordered Devices are delivered to the delivery address indicated by the Customer and within the deadlines mentioned when ordering. The deadlines are always understood to be for execution in accordance with the order and do not commit the company for additional supplies and services not provided for when ordering.

The date indicated on the order as an indicative date is that on which the Company undertakes to deliver the Device, except in cases of force majeure, as this term is defined by the jurisprudence of French courts and tribunals and including war , riot, fire, strikes, accidents, the impossibility of being supplied.

In the absence of force majeure, and failing delivery on the date or at the end of the period provided, the Customer is informed that he has the possibility of terminating the contract, by registered letter with request for opinion of receipt or in writing on another durable medium, if, after having ordered, on the same terms, the company to make delivery within a reasonable additional time, the company did not perform within this time.

In this circumstance, the contract is considered to have been terminated on receipt by the company of the letter or writing informing it of this resolution, unless it has been executed in the meantime.

In the event of termination of the contract, the company will reimburse the Client for all of the sums paid.

In the absence of resolution of the sale, exceeding the indicative delivery date may not give rise to either damages or withholding. In any event, delivery on time can only take place if the Customer is up to date with his obligations to the company and under his responsibility.

Complaints about apparent defects or non-conformity of the Device delivered compared to the Device ordered, must be made by registered letter with acknowledgment of receipt, within one year of delivery of the Device. It will be up to the Customer to provide any justification as to the reality of the alleged defects or anomalies.

He must leave all facilities to the Company to identify these faults and remedy them. He will refrain from intervening himself or involving a third party for this purpose, except with the prior written consent of the Company.

Article 7 – Conformity and availability of Devices

The Devices offered for sale by the Company are those appearing on its Website www.prinker-europe.com on the day of consultation of the Site by the Customer when placing an order.

The Devices are offered for sale while stocks last. In the event of the unavailability of an ordered Device, the company shall inform the Customer thereof by email or by any other written means at its convenience as soon as possible. The Company will offer, at the customer’s choice, a refund or possibly a new delivery time.

The Devices offered for sale are described and presented with the greatest possible accuracy. The photographs and other graphic illustrations of devices presented on the Site are merely indicative and have no contractual value. The Customer is fully informed that the images, photos and colors of the items offered for sale may in particular not correspond to the actual colors under the effect of the internet browser and the screen used.

The Consumables required to use the Device are available for one (1) year from delivery.

Article 8 – Guarantees

8.1 – Commercial guarantees

The Company’s duty to advise relates to the precautions relating to the use of the Device.

8.2 – Legal guarantees

Irrespective of the commercial guarantee thus granted, the company remains liable for product conformity defects to the contract in accordance with articles L.217-4 et seq. Of the French Consumer Code and unacceptable defects, or hidden defects in the thing sold, in the conditions provided for in articles 1641 and following of the French Civil Code and 2232 of the French Civil Code. These guarantees are exercised with the company by post or electronic mail.

Article 9 – Customer service

Customer service is available and allows the Customer to do the following:

consultation of the status of the execution of the order or request for information relating to the order;
complaints relating to the order;
“after-sales service” type requests;
requests for information or general questions.

These requests can be made in writing and sent to customer service at the following address: .

The Customer can also call customer service at the following telephone number: +33 6 24 78 34 12 from Monday to Friday from 9 a.m. to 6 p.m.

Any after-sales service, excluding obligations related to legal guarantees payable by the company, will be the subject of a separate contract.

Article 10 – Exclusions of liability

The use of the ordered product can be framed by instructions for use and safety appearing on documents at its disposal. The Customer agrees to read and strictly comply with the instructions for use and safety recommendations contained in said documents, including those that may be posted and updated online on the site.

The responsibility of the Company – unless provided for by public policy – is limited to the actual purchase price paid for the Device and its accessories. The responsibility of the Company can in no way be engaged for direct, indirect, punitive, accidental, consecutive, special or any damages whatsoever (including, and not limited to, damages related to unability to use the Device or access data, loss of activity, turnover, profits or financial profits, business interruption or any other similar damage) from or related in any way to the use or performance of the Device, its accessories or the sites linked to it.

Article 11 – Right of withdrawal

In accordance with article L221-18 of the French consumer code, the Customer does not have the right of withdrawal due to his quality as a professional.
However, according to article L221-3 of the consumer code, the Customer can benefit from the right of withdrawal if the object of the contract does not fall within the scope of his main activity and if he employs five (5) employees or less.
In the latter case, the Customer has a period of fourteen (14) days to exercise his right. This period runs from the receipt of the Device and provided that it is still in its packaging and that the Consumables have neither been used nor opened.

Article 12 – Retention of title

The Device is sold with a clause expressly making the transfer of ownership subject to full payment of the price in principal and accessories. In the event of non-payment, the company may require the return of the device by the customer, at the customer’s expense and risk.

In the event of seizure or any other intervention by a third party on the device, the Customer must imperatively inform the company in order to allow him to oppose it and, if necessary, to preserve his rights.
The Customer furthermore agrees not to pledge or assign as security the ownership of the Device. The Customer may not, for any reason or reason whatsoever, proceed to the resale of the material until the price has not been fully paid to the company.

These provisions do not preclude, upon delivery of the Device, the transfer to the customer of the risks of loss or deterioration relating thereto, as well as the damage which it may cause.
The Customer must take out insurance covering the risks linked to the possession and / or use of the device upon delivery.

Article 13 – Insurance

The Company certifies that it has taken out an insurance policy with an insurance company known to be solvent and established in France for all the pecuniary consequences of its professional, tort and / or contractual civil liability, due to bodily injury, material and immaterial damage. caused to the Customer and to any third party in the context of the execution of these conditions.

Article 14 – Personal data

The Company, as data controller, implements the processing of personal data whose main purposes are: management, processing and monitoring of customer orders, as well as monitoring of associated regulations, and more generally to purposes of carrying out the missions entrusted by its Customers and possible communications operations but also for the management of customer requests aimed at the exercise of their rights in terms of protection of personal data, or even the respect of legal and / or regulatory obligations incumbent on the Company.

Unless otherwise indicated, the information collected is mandatory for the achievement of the aforementioned purposes which, failing this, could not be achieved (it being specified that the processing of personal data by the Company is generally necessary for the management and monitoring of relationships pre-contractual or contractual between the Company and its Customers, or in the pursuit of the legitimate interests of PNS aimed at ensuring the management and monitoring of its relations with its customers and contacts in the broad sense).

These data are intended for the Company, and for its possible partners or service providers intervening within the framework of said purposes. In this context, data may, for the abovementioned purposes, be processed by providers established outside the European Union, in particular in the United States, in States which do not provide an adequate level of protection of personal data. These cross-border data flows are framed by guarantees intended to ensure a sufficient level of data protection: recipient organizations of data adhering to the Privacy Shield or conclusion with recipient organizations of contractual clauses conforming to the models proposed and validated by the European Commission. A copy of the reference documents referred to in this paragraph (cf. above guarantees) can be obtained (free of any commercial information considered sensitive or confidential or covered by business secrets), rom the contact mentioned below with regard to the exercise of Customers’ rights with regard to the protection of personal data.

These personal data will be kept for the duration of the relations between the Company and the Client, increased by the statutory limitation periods and any mandatory retention periods.

In accordance with the provisions applicable to the protection of personal data, the persons concerned at the Customer’s benefit from a right of interrogation, access, rectification, erasure and portability of their data, as well as the right obtain the limitation of their processing and a right to object to such processing. They also have the right to define directives relating to the fate of their personal data and to the manner in which they wish their rights to be exercised after their death. Certain processing purposes may be subject to the prior consent of the data subjects. In this case, the latter have the right to withdraw their consent at any time. These rights are exercised by email to the following address: or by postal mail addressed to 47 square de Montsouris 75014 PARIS. Finally, data subjects have the possibility of lodging a complaint with the National Commission for Information Technology and Liberties (“CNIL”) if they believe that the processing of their data is not carried out in accordance with the applicable provisions.

The provisions of this Article do not constitute the entirety of the provisions relating to the processing of personal data but must be supplemented by the provisions relating thereto of the present terms & conditions.

Article 15 - Intellectual property

Prinker is a registered trademark of Sketchon Inc, # 85313, Corporate Collaboration Center, Sungkyunkwan Univ, 2066 Seobu-ro, Jangan-gu, Suwon-si, Gyeonggi-do, South Korea. The Prinker brand is the property of Sketchon Inc. Any unauthorized use is a counterfeit and exposes its author to civil and criminal sanctions.

The Site taken as a whole, as well as each of the elements which compose it taken independently, in particular the specific programs and developments, its structure, and the contents including data, texts, fixed or animated images, logos, sounds, graphics, photographs, files, are the exclusive property of the Company or third parties which have granted it a license.

Any representation or reproduction, in whole or in part, of the Site or of any of the elements composing it without the express authorization of the Company is prohibited and would constitute an infringement punishable by the Code of intellectual property. In any case, on any representation or reproduction authorized by the Company of all or part of the site or of the elements making it up, the mention “Copyright [current year] MASELDA – all rights reserved” must appear.

The databases appearing on the Site are protected by the Intellectual Property Code and any qualitative or quantitative substantial extraction or reuse of the content of the databases is sanctioned.

The brands and logos appearing on the Site are trademarks registered by the Company or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization of the Company and in violation of the prohibitions provided for in the Intellectual Property Code engages the responsibility of their author.

The other distinctive signs, in particular the corporate names, trade names, signs, domain names reproduced on the Site are the property of the Company or of third parties and any reproduction without express authorization is liable to constitute usurpation engaging the responsibility of its author.

Article 16 - Evidence and convention of proof

The online acceptance of the GTC by electronic means has the same probative value between the Parties as the agreement in paper form.

The computerized registers kept in the Company’s computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments made between the Parties. They are authentic until proven otherwise.

Archiving of contractual documents, orders and invoices is carried out on a reliable and durable medium which can be produced as evidence.

Article 17 - Subcontracting

The Customer authorizes the Company to bring in any subcontractor of his choice within the framework of the execution of these conditions. In this case, the Customer accepts that the company discloses to its subcontractors the information necessary for the execution of these.

Article 18 – Domiciliation

The Parties agree to send all notifications, written correspondence as provided herein with the following contact details:

for the Company: postal address and e-mail address mentioned in the Definitions article;
for the Customer: postal billing address and e-mail address entered when ordering.

Article 19 – Litigation and applicable law

These Terms and Conditions in French will be executed and interpreted in accordance with French law.
In the event of a dispute relating to the interpretation and / or execution of these GTC, the parties will seek, before any contentious action, an amicable agreement and will communicate to this effect all the necessary information.
If an amicable agreement cannot be found between the Client and the Company, the Client has the option of entering the Commercial Court of Paris.