Terms and Conditions of Sale
Translation notice. This document is a courtesy English translation of the French-language "Conditions Générales de Vente (CGV)". Only the French version has legal force. In the event of any discrepancy or conflict of interpretation between the two versions, the French version prevails.
Article 01Scope
These Terms and Conditions of Sale ("ToS") apply to any order for a personalised comic book (the "Product") placed on the website anyonedream.com (the "Website") by any natural person of legal age acting as a consumer (the "Customer"), with AnyoneDream, a SAS with share capital of €1,000, Paris Trade and Companies Register 101 103 398, registered office at 49 rue de Saussure, 75017 Paris (the "Publisher").
The applicable ToS are those in force on the day of the order. Any order implies prior and unreserved acceptance of these ToS, which the Customer acknowledges having read and understood. They supplement the Terms of Use.
Article 02Description of the Service and Ordering Process
The Service consists of creating a personalised comic book generated with the assistance of artificial intelligence, based on the information and photographs provided by the Customer, and where applicable its printed version.
The order follows these steps:
Entering information and uploading a photograph;
Selecting the format;
Reviewing the summary, accepting the ToS and payment;
Generation of the Content by the AI;
Quality control by the Publisher;
Where applicable, printing and delivery.
The Customer receives confirmation by email at the important stages of order processing. The sale is deemed concluded upon validation of payment.
Article 03Prices and Payment
Prices are stated in euros, inclusive of all taxes.
Softcover comic book: €50.00
Hardcover comic book: €80.00
Any delivery charges are indicated to the Customer before order validation and are added to the price of the Products.
Payment is made in a single instalment, by bank card, via a secure payment provider. The Publisher does not retain any of the Customer's banking data. The order is only processed once payment has actually been received.
The Publisher reserves the right to change its prices at any time; Products are invoiced on the basis of the rates in force at the time the order is validated.
Article 04Generation and Delivery Times
The estimated time to generate the Content is 3 business days from validation of payment.
Where the order includes a printed version, it is delivered within an estimated overall period of 15 business days (including generation) for mainland France.
In accordance with Article L216-1 of the French Consumer Code, if the Publisher fails to meet its delivery obligation by the stated date or within the stated period, the Customer may terminate the contract if, after instructing the Publisher to deliver within a reasonable additional period, the Publisher has failed to do so within that period. In any event, if delivery is delayed by more than 30 days after the order, the Customer may terminate the contract under the conditions provided by law and obtain a refund of the sums paid.
Article 05Right of Withdrawal
In accordance with Articles L221-18 et seq. of the French Consumer Code, the Customer in principle has a period of fourteen (14) days to exercise their right of withdrawal.
However, pursuant to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:
the supply of goods made to the Customer's specifications or clearly personalised (para. 3), which is the case for the personalised comic book;
the supply of digital content not provided on a tangible medium where performance has begun with the Customer's prior express consent and express waiver of their right of withdrawal (para. 13).
Consequently, before generation begins, the Customer expressly acknowledges, by means of a specific and separate checkbox:
that their order concerns a clearly personalised good and/or digital content whose performance begins immediately;
that they expressly request that performance begin before the end of the withdrawal period;
that they consequently waive their right of withdrawal as soon as generation begins.
Article 06Legal Guarantees
Independently of any commercial warranty, the Customer benefits from:
the legal guarantee of conformity (Articles L217-3 to L217-20 of the French Consumer Code), allowing them, in the event of a lack of conformity, to obtain the bringing of the good into conformity by repair or replacement or, failing that, a price reduction or termination of the sale;
the guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code), allowing them, in the event of a hidden defect rendering the good unfit for use, to obtain termination of the sale or a price reduction.
These legal guarantees apply to the physical medium (printed Product). They cover the conformity and material integrity of the Product and do not cover the aesthetic, stylistic or likeness characteristics of the Content generated by the AI, which fall under the best-efforts obligation described in Article 8.
To invoke a guarantee: contact@anyonedream.com.
Article 07Processing of Personal Data
The Customer's data is processed on the following legal bases: performance of the contract (order processing and delivery), explicit consent (processing of photographs by the AI), legitimate interest (customer relations) and legal obligations (accounting).
Source photographs are retained for the period strictly necessary to complete the order and to handle any dispute, and are deleted no later than 12 months after delivery. Order data is retained for 5 years to meet accounting obligations.
All the terms are set out in the Privacy Policy.
Article 08Liability
The Publisher provides the Service under a best-efforts obligation (obligation de moyens). The Generated Content (images and texts) is produced by artificial intelligence technologies operated by third-party suppliers; it is provided within the technological capabilities available at the time of generation.
The Publisher carries out reasonable quality control on the Content before delivery, but cannot guarantee the absence of any imperfection related to the current limits of artificial intelligence, in particular as regards likeness, style or any visual or narrative artefacts.
In the event of an obvious defect in the physical medium attributable to printing (for example a printing error, a damaged or non-conforming product), the Publisher undertakes, upon notification accompanied by supporting evidence, to replace the Product at its own expense within 10 business days.
To the extent permitted by law, the Publisher's liability in respect of an order is capped at the amount actually paid by the Customer for the order concerned. This limitation does not apply in the event of personal injury, gross negligence or wilful misconduct by the Publisher, or in cases where the law prohibits it.
Article 09Customer Service and Consumer Mediation
Customer service can be reached at: contact@anyonedream.com. The Publisher endeavours to respond to any complaint within 5 business days.
In accordance with Articles L611-1 et seq. and L616-1 of the French Consumer Code, after submitting a prior written complaint to customer service and failing a satisfactory response within one month, the consumer Customer may use a consumer mediation service free of charge with a view to the amicable resolution of the dispute.
The Customer may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr
Article 10Governing Law and Disputes
These ToS are governed by French law. The mandatory provisions of the law of the consumer Customer's country of habitual residence, where more protective, remain applicable.
Failing an amicable resolution, any dispute falls within the jurisdiction of the competent French courts, without prejudice to the jurisdiction rules protecting consumers.