GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website www.domodep.shop (hereinafter the "WEBSITE") from DOMODEP, SARL registered in the MELUN Trade and Companies Register under number 509 488 557, having its registered office at 3 rue de Maisse 77123 TOUSSON, France Tel: 0805 69 69 60, Fax: 0972126798, email: email@example.com (hereinafter the "VENDOR").
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
Article 1. Definitions
The terms used below have the following meaning in these General Conditions :
"CUSTOMER": means the SELLER's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the CLIENT is acting outside of any usual or commercial activity.
"DELIVERY": means the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
"PRODUCTS": refers to all the products available on the SITE.
"TERRITORY" shall designate Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Object
These Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions
Article 3. Acceptance of the general conditions
The CUSTOMER agrees to carefully read and accept these Terms and Conditions before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing an order.
The CUSTOMER is invited to carefully read, download and print the Terms and Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the Terms and Conditions with each new order, the latest version of the Terms and Conditions being applicable to each new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges that he/she has read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
In order to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check on the SITE the status of his order. Tracking of DELIVERY can, if necessary, be done using the online tracking tools of certain carriers.
The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at firstname.lastname@example.org to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Characteristics of the products
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints of its suppliers.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and by choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER can then add as many PRODUCTS as he/she wishes to his/her cart.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and verify that the contents of the order are correct. If the CUSTOMER has not yet done so, he/she will then be asked to identify himself/herself or to register.
Once the CUSTOMER has validated the contents of the shopping cart and logged in/registered, an online form will be displayed, automatically filled in, summarizing the price, applicable taxes and, if applicable, the delivery charges.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the necessary information for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by mail or fax.
During the ordering process, the CUSTOMER shall enter the information required for invoicing (the sign (*) shall indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must clearly indicate all information related to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER shall then specify the chosen method of payment.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start to run from this date.
For all PRODUCTS, the CUSTOMER will find on the WEBSITE prices displayed in euros, including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the rate in force at the date of the order.
Any change in the applicable rate may affect the price of the PRODUCTS as of the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies a "just-in-time" inventory management. Therefore, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honor orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request :
Either offer to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS become available again, Or proceed with a partial shipment of the available PRODUCTS at first, and then with the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information regarding the additional transportation costs that may be incurred, Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Annex 1 hereof and can be accessed at the bottom of each page of the SITE via a hypertext link.
Article 7. Payment
7.1. Means of payment
The CUSTOMER may pay for PRODUCTS online on the SITE using the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she has all the necessary authorizations to use the chosen means of payment.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the SITE.
In this regard, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Date of payment
In the case of a one-time payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped.
If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment is received from the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are set forth in the "Delivery Policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transportation standards to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to comply with the same standards when returning PRODUCTS under the conditions set forth in Appendix 1 - Return Policy.
Article 12. Guarantees
12.1. Guarantee of conformity
The SELLER shall deliver a PRODUCT in conformity, i.e. fit for the purpose expected of a similar good and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a buyer may legitimately expect, having regard to the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER shall be liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge or has been carried out under his responsibility.
The action resulting from the lack of conformity shall be barred after two (2) years from the delivery of the PRODUCT.
In case of lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CLIENT.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 3 rue de Maisse 77123 TOUSSON.
Finally, the CUSTOMER is exempted from proving the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
12.2 Guarantee of hidden defects
The SELLER is bound by the warranty for latent defects of the PRODUCT sold which render it unfit for the purpose for which it was intended, or which so diminish such use that the CLIENT would not have acquired it, or would have given only a lower price for it, if he had known about them.
This warranty allows the CLIENT who can prove the existence of a latent defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 3 rue de Maisse 77123 TOUSSON.
The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Responsibility
The SELLER's liability shall in no event be incurred in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER shall not be held responsible, or considered to have failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all responsibility for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
Article 14. Personal data
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send him/her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the needs of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact information of its CUSTOMERS, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an e-mail to the address: email@example.com or by sending a letter to 3 rue de Maisse 77123 TOUSSON.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
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Article 15. Claims
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 0805 69 69 60 (not surcharged).
Any written complaint from the CUSTOMER must be sent to the following address: 3 rue de Maisse 77123 TOUSSON.
Article 16. Intellectual Property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization of the SELLER will not be granted in any case definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorize CLIENTS to disregard these General Conditions.
Any terms and conditions not expressly addressed herein shall be governed by the usage of the retail industry, for companies whose registered office is located in France.
Article 18. Modification of the General Conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in effect at the time of the purchase. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
The present General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. In case of dispute, only the French courts will have jurisdiction.
However, prior to any recourse to the arbitral or state judge, negotiation will be privileged in a spirit of loyalty and good faith in order to reach an amicable agreement in the event of any conflict relating to this contract, including those concerning its validity.
The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties do not reach an agreement, the dispute shall be submitted to the competent jurisdiction designated below.
During the entire negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in relation to the dispute under negotiation. By way of exception, the parties are entitled to apply to the court of summary jurisdiction or to seek an order on request. A possible action before the summary court or the implementation of a procedure on request does not entail any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.