PREAMBLE
The present general conditions of sale apply between :
SARL C.P Société à Responsabilité Limitée, with a capital of 50,000 euros, registered with the RCS of Paris under SIREN number 437 610 629, whose registered office is located at 6 rue Béranger in Paris (75003), represented by Mrs Carole Petit in her capacity as legal representative,
Hereinafter referred to as " SARL C.P "
And
Any natural person acting in a private capacity or as a representative of a legal entity visiting or carrying out, via the site www.diega.fr property of SARL C.P, a purchase of products via the website www.diega.fr
Hereinafter referred to as " Customer "
Any order placed on the website www.diega.fr implies prior consultation and acceptance of these terms and conditions.
The website www.diega.fr being an e-commerce space, the Customer acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these general terms and conditions of sale does not require the handwritten signature of this document.
The Customer is invited to save or print the present general terms and conditions of sale, which are binding between the parties.
The Customer declares that he/she is of legal age and that he/she has full legal capacity to enter into contracts under French law.
CONTACT US :
DIEGA SARL C.P
6 rue Béranger
75003 Paris
FRANCE
E-mail: eshop@diega.fr
1 - PURPOSE
The purpose of the present general terms and conditions of sale is to define, exclusively, by reason of the relations they establish on the Internet network, the rights and obligations of the Parties arising from the online sale of the Products offered on the www.diega.fr website.
They regulate all the steps involved in placing an order, and ensure the follow-up of the order between the Parties.
These general terms and conditions of sale apply in the version in force on the Site on the date the order is placed by the Customer, to the exclusion of any other document.
2- ENFORCEABILITY OF TERMS AND CONDITIONS OF SALE
The version of the general terms and conditions of sale enforceable against the Customer is the one appearing on the site at the time of validation of the order by the Customer.
The different versions of the general terms and conditions of sale are archived by SARL C.P.
The general sales conditions may be modified or deleted at any time.
3. SITE UNAVAILABILITY
The website www.diega.fr or access to one or more services within the site, such as the online sales area, may, without notice or compensation, be temporarily or permanently closed, without the customer being entitled to claim any compensation whatsoever.
4. PRODUCTS
4.1 Availability
The products offered for sale by SARL C.P., i.e. ready-to-wear items and sales accessories, are those shown on the website. www.diega.f r on the day of consultation of the site by the Customer.
Products are offered while stocks last. Although stock levels are displayed in real time on the site www.diega.fr It is possible that a product may be defective (inventory error or other). In such circumstances, SARL C.P undertakes to inform the customer by any means at its convenience as soon as possible after the order has been placed.
In such a case, SARL C.P may, in agreement with the Customer, schedule a new delivery date depending on its restocking. In the absence of agreement or of the impossibility of having the product ordered, SARL C.P will reimburse the sums paid by the Customer within a maximum period of 30 days, without the Customer being able to claim any compensation whatsoever.
4.2 Information/warranties
Prior to placing an order, the greatest care is taken to ensure that information is available on line, in particular concerning the essential characteristics of the products offered for sale, and the terms of payment and delivery. However, minor variations in the representation of the product, such as photographs and/or text illustrating the products, and not relating to the essential characteristics, may be present. SARL C.P. cannot be held contractually liable for such variations.
Information published on the website www.diega.fr in no way exonerate the customer from taking note of any other information attached to the product or marked on the product or its packaging (precautions for use, cleaning conditions, etc.).
5. PRICE
Prices for products ordered are shown on the dedicated online sales area.
Prices are indicated in euros and take into account any discounts applicable on the day of the order:
- Prices are inclusive of all taxes in France and all other European Union countries.
- At prices exclusive of tax, for deliveries to Switzerland and all countries outside the European Union. In these countries, they may be subject to any taxes and customs duties that are imposed when the parcel reaches its destination. These customs duties and taxes are the responsibility of the customer. SARL C.P is not obliged to inform the customer of their amount or existence.
The prices indicated on the Site are guaranteed on the day of the order, within the limits of available stocks, except in the event of major changes in charges, in particular VAT, and except in the event of an obvious typographical error or omission.
Unless otherwise stated, these prices do not include shipping costs, which will be indicated in addition to the price and will be specified to the Customer on the order summary before final validation of the order.
When the Customer's order is confirmed by e-mail, the total amount of the order (price and shipping costs) will be indicated.
SARL C.P reserves the right to modify its prices at any time. However, products will be invoiced on the basis of the prices in force at the time the order is registered, subject to the availability of said Products.
6 - ORDER
6.1 Site navigation
The User can view the various Products offered for sale by SARL C.P on its Site.
The User may browse freely through the various pages of the Site, without being bound by any order.
6.2 Ordering
If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and express his/her interest by clicking on the purchase button.
At any time, the User may :
- Obtain a summary of the Products they have selected, by clicking on the basket;
- Continue or modify their selection of Products by returning to the catalog;
- Complete your selection of Products and order them by clicking on "Order".
In order to order the Products thus selected, after validating the shopping basket, all Users must identify themselves:
- By entering his/her e-mail address and the password he/she has chosen, if he/she already has a SARL C.P. user account. The User is informed and accepts that entering these two identifiers constitutes proof of his/her identity and expresses his/her consent to the order.
- Otherwise, by entering their e-mail address and accurately filling in the form provided, on which they will include the information required for identification and delivery of their order (in particular their surname, first name, postal address and telephone number).
The information provided by the customer when opening a customer account or when placing an order must be complete, accurate and up-to-date. In the absence of such information, SARL C.P. will not be able to execute orders.
Once the User has logged in, he/she must enter or validate the delivery address. An order form will then appear on the screen, summarizing: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order, shipping costs, the User's contact details, and the exact delivery address for the Products.
Commercial offers
To benefit from a commercial offer sent to him by post or e-mail, or available directly from his user account, or relating to the product(s) in his basket, the User must, depending on the type of offer concerned :
- Reach the number of products and/or the total amount of the Basket specified in the offer in order to benefit from it;
- Enter the code given to him/her to benefit from the offer.
Unconditional offers are automatically displayed on the Shopping Cart page.
6.3 Final confirmation of order
After checking the status of the order, and once all the information requested has been completed by the User, a summary of this information and of the order will appear.
After having read this summary, and before payment, the User accepts the present terms and conditions of sale, which he/she will confirm by ticking the appropriate box.
To access Monético's secure payment site, the User must click on the type of card with which he/she wishes to pay in order to confirm his/her order. The User must then transmit his/her credit card number, depending on the type of card, its expiry date and the visual cryptogram.
The server of the secure payment platform is secured by T.L.S. encryption in order to protect all data relating to means of payment as effectively as possible, and at no time will the User's bank details pass through the SARL C.P. computer system, which is discharged of all liability in this respect.
As soon as the User confirms payment, the order is recorded and becomes irrevocable.
The User becomes a Customer.
The order form will be recorded on SARL C.P's computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
Any order placed by the Customer via the above-mentioned stages constitutes irrevocable acceptance of these general terms and conditions.
The Customer will receive an electronic acknowledgement of receipt of his order.
In accordance with article 10 below, the Customer has a right of withdrawal and reimbursement, for a period of sixteen (16) days from the date of receipt of the Products by the Customer.
6.4 Order confirmation
In accordance with applicable regulations, contractual information will be confirmed at the appropriate time, and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the Customer.
The Customer will receive an invoice by e-mail once the payment, detailed in article 7 below, has been made.
This invoice will include the following information:
- Product description ;
- Identification of the order number ;
- The total amount of the order (price and shipping costs) ;
A summary delivery note will also be inserted in each parcel.
It is the customer's responsibility to keep this contractual information on the medium of their choice.
SARL C.P reserves the right not to confirm the order, particularly in the event of refusal of payment authorisation, incorrect address or any other problem with the user's account. In this case, SARL C.P will inform the customer by e-mail.
The order becomes final only after :
- Full payment by the customer ;
- Verification of product availability by SARL C.P. as soon as possible after sending the e-mail acknowledging receipt of the order to the customer.
All registered orders cannot be modified.
7 - PAYMENT
7.1 Payment methods
Payment is made online by credit card [Visa, Mastercard, American Express, Carte Bleue] via the secure online credit card payment system Monético. The product delivery note will be inserted in the parcel containing the product(s) ordered.
The order is definitive only when it has been confirmed by the payment of the price by the Customer.
The customer's credit card is debited when the order is confirmed on the site. In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due by the customer, the sale will be immediately and automatically cancelled.
The credit card transaction between the customer's computer and the secure Monético system for online payment is fully encrypted to ensure confidentiality.
We offer you the possibility of paying in several instalments with our partner Alma: this payment in 3 instalments is available for all orders over 50€ and up to 2000 €. By paying for your order via our partner Alma, you accept the following conditions ALMA general terms and conditions .
Customers may use their PayPal account to pay for their Orders on the Site. The Customer will then be redirected to the PayPal Platform to identify themselves and proceed with payment using their account. The Customer will then be redirected to the DIEGA Website. In the case of payment by PayPal, the amount is debited at the time the Order is validated.
7.2 Default of payment
In the event of non-payment of the price not justified by a legitimate reason, SARL C.P. is entitled to claim late payment interest from the customer calculated on the basis of the legal rate in force plus three points applicable from the date on which payment is due.
In the event of contentious collection (collection agency, lawyer or bailiff) and after a simple letter, SARL C.P's debts to professionals will be increased by 40 euros as a fixed collection indemnity, without prejudice to a claim for these costs on an actual basis.
In any event, SARL C.P reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal to authorize payment by credit card by banking organizations, (iv) non-payment or partial payment. SARL C.P cannot be held liable in such cases.
7.3 Reservation of title
The product delivered remains the property of SARL C.P until full and effective payment of the price by the customer. Failure to pay may result in SARL C.P. reclaiming the product.
The transfer of the risks of loss or deterioration to the Customer takes place on the date of delivery of the product, i.e. receipt of the product by the Customer.
8 - DELIVERY TERMS AND DEADLINES
8.1 Delivery times
The products ordered by the Customer will be delivered to the address communicated by the Customer within a maximum of [15] working days from confirmation of the order and payment of the full Price, with the stipulation that no delivery can be made to hotels or letterboxes.
Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the place of delivery, and SARL C.P declines all responsibility for any extension of delivery times due to the carrier, particularly in the event of loss of products or strike.
In the event of product unavailability, SARL C.P undertakes to inform the Customer as soon as possible so that the Customer can be reimbursed without delay and at the latest within 30 days of payment of the sums paid.
In the event of a foreseeable extension of the delivery time, SARL C.P undertakes to inform the customer as soon as possible and by any means so that the customer may choose to maintain or cancel all or part of the order.
SARL C.P shall not be held liable for the consequences of any events beyond its control, in particular force majeure or acts of God, which tend to delay or prevent delivery of the product ordered as defined in article 14 hereof.
In the event of non-compliance with the aforementioned time limit plus 14 days, the Customer may cancel the order by sending a registered letter with acknowledgement of receipt to the registered office address indicated at the top of these general terms and conditions. Cancellation will only be taken into account by SARL C.P. if shipment or delivery has not taken place between dispatch and receipt of the aforementioned letter. The customer will be reimbursed at the latest within 30 days of receipt of the registered letter by SARL C.P.
SARL C.P reserves the right to choose the carrier and guarantees the correct delivery of the products.
ATTENTION: if a parcel is returned to the sender for non-reclamation or incorrect delivery address provided by the customer, SARL C.P reserves the right to invoice the customer again for the cost of reshipment. In this case, if the parcel is returned to sender again, it will no longer be returned to the customer and the amount corresponding to this order, including any additional delivery charges, will remain the property of SARL C.P.
8.2 Delivered countries
Products ordered by the Customer will only be delivered to the following territories: France, Spain, Italy, Belgium, Holland, Germany, Denmark, Portugal, Luxembourg, Sweden, Austria, Ireland, Czech Republic.
8.3 Delivery control
SARL C.P guarantees the conformity of the product delivered with the essential characteristics described on the site www.diega.fr for use in accordance with its intended purpose.
It is the customer's responsibility to check the condition of the packaging and the conformity of the product delivered, and to note any reservations on the carrier's delivery slip.
At the same time, the Customer must confirm this anomaly by sending the carrier a registered letter with acknowledgement of receipt within two (2) working days of the delivery date, setting out the said complaints. The customer must send a copy of this letter by e-mail to eshop@www.diega.fr or by post to the SARL C.P head office indicated in the heading.
Unless there is a legitimate reason, any complaint not brought to the attention of SARL C.P within 21 days of receipt of the Products will be considered inadmissible, and SARL C.P will not be held liable.
SARL C.P reserves the right to ask the Customer to return any non-conforming or damaged Products.
In the event of abnormal or abusive returns, SARL C.P reserves the right to refuse to honour a subsequent order.
8.4 Delivery charges
For all countries, delivery charges will be calculated at the time of selecting the means of delivery when validating the delivery address prior to order confirmation in accordance with article 6 above.
SARL C.P. is not responsible for any additional taxes or service charges levied by certain countries. Customers will be held responsible for any restrictions, duties, taxes and other charges levied by the destination country, prior to placing an order. SARL C.P will not be responsible for any duties, taxes or customs charges under any circumstances.
If the order arrives in the country and :
- The customer refuses the parcel
- No attempt is made to deliver the parcel to the address indicated in the destination country
SARL C.P reserves the right to abandon the parcel and will not be liable for any reimbursement.
9 - GUARANTEES
All products sold by SARL C.P benefit from the legal guarantee of conformity provided for in articles L. 217- 4 et seq. of the French Consumer Code, and the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code.
In all cases, SARL C.P cannot be held responsible for
- Defects resulting from inappropriate, incorrect or abusive use of the product by the customer
- Normal wear and tear and product ageing
- Lack of maintenance or care
- Negligence or accidents
- tampering with the product by the customer or a third party
9.1 Warranty of conformity
The Customer :
- Has two years from delivery of the product to take action;
- Benefits from the choice of replacement or refund of the product, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
The customer may exercise this warranty by informing SARL C.P. of the lack of conformity by e-mail to eshop@www.diega.fr or by post to the address given at the top of this document.
To benefit from this warranty, the customer must provide dated proof of purchase of the product.
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
9.2 Warranty for hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, SARL C.P. is liable for any hidden defects in its products which render them unsuitable for their intended use, or which so diminish this use that the customer would not have purchased them or would have paid less for them had he known of them.
The customer has two years from the discovery of the hidden defect to take action.
In the event of a warranty claim, the customer may choose between reimbursement or replacement of the product.
To benefit from this warranty, the customer must provide dated proof of purchase.
The customer shall activate this warranty by informing SARL C.P. of the hidden defect by e-mail to the following e-mail address: eshop@www.diega.fr or by post to the address given at the top of this document.
9.3 Consideration of the Customer's request
In the event of a return due to a defect, the Customer must send an e-mail to eshop@diega.fr describing in detail the nature of the defect and any anomalies found (defective product).
SARL C.P. will then send a slip to the customer, who must attach it to the parcel for return at SARL C.P.'s expense.
If the aforementioned conditions are met, SARL C.P will then proceed, in accordance with the Customer's request, with the reimbursement or replacement of the product, provided that it is returned in its original packaging and accompanied by the duly completed return slip to the address indicated at the top of these terms and conditions.
In the event of a return due to a defect, SARL C.P will reimburse shipping costs upon presentation of the corresponding receipts, and in any event at the current rates. Reimbursement is made in proportion to the price of the product on the total order.
The stipulations of this article do not prevent the customer from benefiting from the right of withdrawal provided for in article 10.
10 - LEGAL RIGHT OF WITHDRAWAL
In application of article L 221-18 et seq. of the French Consumer Code, the Customer has a period of sixteen (16) days from the date of receipt of the order to exercise his right of withdrawal.
If the customer exercises this right, the product must be returned within sixteen (16) days of the date of receipt of the order. (16) days following the communication of his/her decision to withdraw, at his/her expense and in its original packaging and condition, accompanied by the delivery note.
Customers may exercise their right of withdrawal by informing SARL C.P. of their decision to withdraw by e-mail to the following address eshop@diega.fr following these steps:
- Log in to your account at www.www.diega.fr and view your order history;
- Select the order containing the product(s) you wish to return, click on "Details" and tick the product(s) you wish to return;
- Indicate the reason for the return, then click on "Request a return";
- Once the request has been validated, access the "RETURNS" section in your account, then print out the return and follow the instructions.
- Place the products to be returned and the delivery note in their original packaging, and close it carefully.
- Go to the carrier of your choice to return the parcel to the following address, at your own expense: Universlog, 6 rue Robert Schuman, 77330, Ozoir la Ferrière, France.
The customer bears all risks associated with this shipment. SARL C.P will not be held responsible for any loss, theft or delay of the returned product. The burden of proof for the return is on the Customer.
In the event of loss of the parcel, SARL C.P. will not reimburse the returned parcel(s).
A product that has suffered depreciation as a result of excessive handling (notably damaged, spoiled, returned, incomplete, worn, unlabelled, etc.) cannot be taken back. Return shipping costs are at the customer's expense.
If the right of withdrawal is exercised, the Customer may request reimbursement of the product(s) returned, as well as any delivery costs incurred, unless the order is returned in part. The Customer may not request reimbursement of any return shipping costs incurred.
If the customer requires a substitute product, he/she is invited to place a new order directly on the Site and return the original item so that SARL C.P can proceed with reimbursement, as processing times are faster and the cost of return shipment is borne by the customer in all cases.
SARL C.P undertakes to reimburse the Customer within a maximum of 30 days. from receipt by SARL C.P of the returned product, directly according to the means of payment used.
Any order returned without having been notified by e-mail to the address indicated will not be processed.
11 - PROTECTION OF PERSONAL DATA
SARL C.P's privacy and personal data protection policy is available on its website at the following address: Privacy policy
The information requested at the time of purchase, in particular via the forms, is necessary to process the order and will be communicated to the service provider(s) responsible for carrying out the order, in particular the carrier and/or any competent authority for the settlement of a dispute between SARL C.P and a Customer. The data collected at the time of purchase may not be used for any other purpose, in particular commercial prospecting, without the express prior consent of the customer.
Customer bank details are not kept beyond the time of purchase, unless the customer has consented to their storage on his/her customer account. In any case, SARL C.P. never keeps the cryptogram.
The customer has the right to access, modify, rectify and delete data concerning him or her. To exercise this right, the customer must send an e-mail to SARL C.P's customer service department at the e-mail address eshop@www.diega.fr or to the postal address indicated at the top of these general terms and conditions.
12 - INTELLECTUAL PROPERTY RIGHTS
Elements belonging to SARL C.P, such as the website, trademarks, designs, models, images, sound clips and videos, texts, photos, logos, graphic charts, games, without this list being exhaustive, are the exclusive property of SARL C.P.
The present general conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to SARL C.P for the benefit of the Customer.
SARL C.P grants the Customer a non-exclusive, personal, non-transferable right of access to the site for use in accordance with these conditions. Any other use constitutes counterfeiting and is punishable in accordance with the provisions of the French Intellectual Property Code.
The Customer undertakes not to infringe, directly or indirectly, the property rights of SARL C.P. and undertakes not to exploit in any way whatsoever the names, trademarks, logos, photos and any other elements belonging to SARL C.P. The Customer undertakes to respect all the rights of SARL C.P. and undertakes not to arouse any analogy in the public mind for any purpose whatsoever.
Hypertext links to the home page of the site www.diega.fr or any other page must systematically be the subject of a prior written request for authorization, and must be withdrawn on simple request from SARL C.P.
13 - LIABILITY
SARL C.P's liability for all stages of access to the Site, the order process, delivery or subsequent services is limited to an obligation of means. SARL C.P cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
In addition, SARL C.P cannot be held liable, to the extent permitted by current regulations, for any direct, immaterial or indirect damage that may result from access to the site or from inappropriate use of the products within the meaning of the "use of products" article, particularly when these products contain restrictions on use.
It is also reminded that hypertext links placed on www.diega.fr may link to other sites whose content is the sole responsibility of the operators and owners of these sites.
SARL C.P cannot be held responsible for the non-performance of its obligations due to an act of God and/or force majeure as generally accepted by French law and courts, or for causes beyond its control.
In any event, SARL C.P's liability is limited to the price of the product sold, unless otherwise stipulated by mandatory law.
14 - FORCE MAJEURE / ACTS OF GOD
SARL C.P cannot be held responsible if the non-performance or delay in the performance of any of its obligations as described herein is due to a case of force majeure within the meaning of article 1218 of the French Civil Code.
Cases of force majeure include, but are not limited to, total or partial strikes by employees of SARL C.P. or those of its suppliers, subcontractors or carriers, pandemics, fire, storms, floods, earthquakes, explosions, accidents, acts of terrorism, war, etc., as well as all cases recognized as such by the State and/or case law.
SARL C.P.'s performance of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that hinders or delays performance.
SARL C.P will inform the customer of any such fortuitous event or force majeure within fourteen (14) days of its occurrence.
Should this suspension continue beyond a period of one (1) month, the customer will then have the option of cancelling the current order, and will be reimbursed under the conditions set out above.
15 - PARTIAL INVALIDITY
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
16 - ENTIRETY
The present general terms and conditions of sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of contradiction between these documents, the general terms and conditions of sale shall prevail.
17 - DURATION
The present conditions apply for the duration of the online services offered by SARL C.P.
17 - PROOF
The computerized registers kept on SARL C.P's servers or on those of its hosts will be considered, in the absence of proof to the contrary, as proof of communications, orders and payments between the parties.
18 - APPLICABLE LAW - COMPETENT JURISDICTION
The present conditions are subject to French law.
Under no circumstances does SARL C.P guarantee compliance with local legislation that may be applicable when a customer accesses the site from another country.
In the event of a dispute, failing amicable agreement, the dispute will fall within the exclusive jurisdiction of the competent French court in the case of a dispute between SARL C.P and a non-professional, and within the jurisdiction of the Paris Tribunal de Commerce in the case of a dispute with a professional.
19. DISPUTES
In accordance with Article L. 612-1 of the French Consumer Code, the customer may have recourse, free of charge, to the CNPM MEDIATION CONSOMMATION mediation service, to which SARL C.P. belongs, with a view to the amicable resolution of a dispute: by electronic means contact-admin@cnpm-mediation-consommation.eu or by post CNPM MEDIATION CONSOMMATION, 27 avenue de la Libération 42400 SAINT-CHAMOND.
Before referring the matter to the aforementioned mediation service, the Customer must have contacted́ SARL C.P by e-mail at the following address: eshop@diega.fr to attempt to resolve the dispute.