Terms and conditions of sale
article 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (“GTC”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers (“the Customer”) wishing to acquire the products offered for sale (“the Products”) by the Vendor on the www.dixseptdanjou.com website. The Products offered for sale are those currently available on the website.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.dixseptdanjou.com website, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These General Terms and Conditions of Sale are available at all times on the www.dixseptdanjou.com website and shall prevail over any other document.
The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by checking the appropriate box before placing an order online at
www.dixseptdanjou.com.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
The Vendor’s contact details are as follows:
Dix Sept d’Anjou, SASU
Share capital of 3,000 euros
Registered with the RCS of Paris, under number 899175830
11 rue de montyon, 75009 Paris
Email: contact@dixseptdanjou.com
The Products presented on the www.dixseptdanjou.com website are offered for sale in the following territories:
Europe
America
Asia
Middle East
Oceania
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.
article 2 – prices
The Products are supplied at the current prices shown on the www.dixseptdanjou.com website, at the time the order is registered by the Vendor.
Prices are given in Euros and include VAT.
Testants take into account any discounts or rebates granted by the seller on the www.dixseptdanion.com website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated
prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
Article 3 – Orders
It is the customer’s responsibility to select the Products he/she wishes to order on the www.dixseptdanjou.com website, according to the following procedure:
The customer chooses a product and places it in his/her shopping basket, which he/she may delete or modify before validating his/her order and accepting the present terms and conditions of sale.
They then enter their contact details or log in to their account and choose a delivery method. Once the information has been validated, the order will be considered final and will be sent to the customer in the manner specified.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the www.dixseptdaniou.com website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Cient can follow the progress of his order on the site.
Article 4 – Customer area
In order to place an order, the Customer is invited to create an account (personal space)
. To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The Customer is responsible for updating the information provided. He/she is informed that he/she can modify this information by logging into his/her account.
To access his personal space and order history, the customer must identify himself using his user name and password
. The customer may request to be removed from the list by sending an e-mail to: contact@dixseptdaniou.com. Unsubscription will take effect within a reasonable time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the www.dixsentdaniou.com website may suspend or even close a customer’s account after a formal notice has been sent by e-mail and has remained unanswered.
Any deletion of an account, for whatever reason, will result in the deletion of all the Customer’s personal information.
The Vendor shall not be held liable for any event due to force majeure that results in the site or server not functioning properly, subject to any interruption or moditication for maintenance purposes.
The creation of an account implies acceptance of these terms and conditions of sale.
Article 5 – Terms of payment
The price is paid by secure payment as follows:
– Payment by PayPal and credit card
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the
www.dixseptdanjou.com website.
Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.
The Vendor will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
Article 6 – Delivery
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zone(s):
Europe, Africa, Asia, America, Oceania.
Deliveries in mainland France are made within 2 to 5 working days, depending on the availability of the product and the address indicated by the customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered at once
. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery, and has no recourse against the
Seller in the event of non-delivery of the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The customer must check the condition of the products delivered. He/she has 72 hours from the date of receipt to send a complaint by e-mail to hello@dixseptdanjou.com, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this case, the risks are transferred at the time the goods are handed over to the carrier.
Article 7 – TRANSFER OF TITLE
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Article 8 – Right of withdrawal
According to article L221-18 of the French Consumer Code, “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or bear other costs than those provided for in articles L. 221-23 to L.221-25.” and “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.”
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted for return.
The cost of returning Products will be borne by the Customer.
The Products returned by the Customer will be exchanged (subject to availability) or refunded within 15 days of receipt by the Vendor, in accordance with the conditions set out in this article.
Article 9 – Seller’s liability – warranties
The Products supplied by the Vendor benefit from:
– the legal guarantee of conformity, for defective, damaged Products or Products that do not correspond to the order,
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
Legal warranty provisions
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L217-5 of the French Consumer Code
“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
-it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
-2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. “
Article L217-12 of the French Consumer Code
“Action resulting from a lack of conformity shall be barred after two years from delivery of the goods.”
Article 1641 of the French Civil Code.
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. “
Article 1648 paragraph 1 of the French Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible, and no later than 15 days following the Vendor’s finding of the non-conformity or hidden defect. This reimbursement may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:
– failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check.
– In the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure
– The photographs and graphics on the site are not contractual and do not engage the responsibility of the Vendor.
The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 10 – Seller’s liability – warranties
The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.
10.1 Collection of personal data
The personal data collected on the www.dixseptdanjou.com website is as follows:
Opening an account
When creating a customer/user account:
Name, first name, postal address, telephone number, e-mail address, date of birth.
Payment
When paying for Products offered on the www.dixseptdanjou.com website, the site records financial data relating to the customer/user’s bank account or credit card.
10.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category or categories of co-contractor(s) is (are):
– Transport service providers
– Payment institution service providers
10.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
10.4 Limitation of processing
Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.
10.5 Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
10.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
10.7 Enforcement of customer and user rights
In application of the regulations applicable to personal data, customers and users of the www.dixseptdanjou.com site have the following rights:
– They can update or delete their data by sending an e-mail to this address: hello@dixseptdanjou.com.
– They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
– They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
-If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
They may also request the portability of data held by the Vendor to another service provider
– Finally, they may object to the processing of their data by the Vendor.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must respond within one month.
Any refusal to grant the Customer’s request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
10.8. Données de connexion et cookies
On our website, we use connection data (date, time, Internet address, telephone protocol, pages consulted) and cookies (small files stored on your computer) to identify you, memorize your consultations, particularly with regard to the pages consulted, and measure the use of our website.
You can consent, refuse or choose the type of cookies you accept to be deposited on your computer terminals.
Article 11 – Intellectual property
The content of the www.dixseptdanjou.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.
Article 12 – Applicable law – language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 12 – Disputes
For all claims, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GCS.
In the event that no amicable solution can be found, any legal action will be brought before the competent French courts.
The Customer is also informed that he may have recourse to the Online Dispute Resolution platform (KLL): https://webqate.ec.europa.eu/odr/main/index.ctmrevent=main.home.show
Annex i
Date_____
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.dixseptdanjou.com, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
For the attention of SASU, Dix Sept d’Anjou
11 rue de montyon, 75009 Paris
I hereby give notice of withdrawal from the contract for the goods listed below:
– Order dated (indicate date):________
– Order number:________
– Customer name:________
– Customer address:________
Customer’s signature (only if this form is sent on paper)