Sales Terms remote articles sold by DIEGA
Anxious to better meet the expectations of its customers, the company DIEGA has decided to set up parallel to the shop that operates 15 rue Béranger, 75003 Paris, France, a system of distance selling electronic (Internet) (hereinafter -after the "Internet Mail") of some of the products it sells.
The list of items offered as part of the searchable Internet Mail on www.diega.fr website (hereinafter the "Website").
The system Selling on the Internet and set up complies with the legal requirements of distance selling and in particular by Articles L. 111-1, L. 121-18 and 13-3 LI et seq of the consumption.
It is stated that DIEGA conducts no cold calls to clients or prospects, and therefore the provisions of the Consumer Code applicable to the telephone doorstep, in particular Articles L. 121-21 and L. 121 ff -27 of the Consumer Code, shall not apply to transactions covered by these terms and conditions.
The use of the Internet Sales process described in these terms and conditions shall be confined to individuals as end consumers, as defined under the law and jurisprudence, acting solely for their own account and domiciled in France as well as in other countries (with the exception of the countries listed in Annex hereto) (France and the other countries, "Country"). Sales over the Internet can therefore not be used by such professionals.
ARTICLE 1: SCOPE
These general conditions of sale apply to all sales of products sold by the merchant site via DIEGA accessible from the Website for delivery in one of the countries.
The customer declares to be aware of these terms and conditions before placing an order. The confirmation of the order is acceptance, without limitation or qualification these terms and conditions.
These terms and conditions shall apply as they appear on the Website. It can be modified at any time by DIEGA, or deleted from the website (and replaced by others), without notice or further permission. In the event that, subsequent to the date of the modification or elimination of the Website, these terms and conditions remain accessible to the public through other websites or in any other way, they would, however, more enforceable DIEGA. An order is subject to the terms and conditions contained on the Website at the time of its approval by the client, notwithstanding any subsequent amendment or deletion.
ARTICLE 2: IDENTIFICATION OF THE AUTHOR OF THE OFFER
The company DIEGA
EURL capital of 50,000 euros registered in the Trade and Companies of Paris under number 437 610 629
Registered office: 15 rue Béranger - 75003 Paris VAT: FR 46 437 610 629
ARTICLE 3: CONTROL OF ARTICLES
Orders will be placed over the Internet on the Website.
The photographs, graphics and descriptions of items offered for sale on the Website are not binding and are only indicative. Customers are able to obtain information about the articles by contacting DIEGA by email to the following address: email@example.com.
Customers will have to buy a product when it is first order, create an account and complete an order form containing certain mandatory fields so that the order can be taken into account by DIEGA.
All steps necessary for the sale are stated on the Website.
Pursuant to the provisions of Article 1369-2 of the Civil Code, the customer will have the option, before confirming their order, to verify the details of the order and the total price, and correct any errors before confirming it to express its acceptance. From the moment the client has confirmed his order, DIEGA will acknowledge it by sending an email to the customer at the address specified by the latter when ordering.
However, the sale will be considered final after sending the customer to confirm the order by DIEGA, specifying shipping items. Our product offers are valid until they are visible on the Website, subject to availability. In the event of unavailability of the item after confirmation of the order, DIEGA inform the customer by email. The customer's order will be canceled and the amount charged to the customer's credit card will be refunded under the conditions specified in section 7 below.
Pursuant to Article L.122-1 of the Consumer Code, DIEGA will be entitled to refuse any order or abnormal placed in bad faith (eg, any command from a person who is not a final consumer ) and any order from a customer with whom there is a dispute over payment of a previous order.
Finally, DIEGA is a retailer and therefore does not intend to sell in significant quantities of the items offered. Accordingly, DIEGA reserves the right to refuse orders of the same item by the same customer in excessive amounts.
No sale or delivery can be made in a country or territory other than Country.
ARTICLE 4: PRICE ITEMS
The price of the items listed in euros all taxes included (TTC), with the VAT rate applicable in France, excluding shipping costs.
The cost of delivery of items are the responsibility of the customer.
TTC price of each item that would acquire the customer, and the amount of travel expenses related to their delivery, it will be announced at taking orders on the Website.
Pursuant to Article L.121-19 the Consumer Code, the customer will receive, upon delivery, an itemized invoice items shipped and shipping costs charged to.
DIEGA reserves the right to change prices at any time without prior notice or agreement, but the items will be billed based on rates in effect at the time of confirmation of the order by the customer on the Website.
Articles remain the full property of DIEGA until full payment and delivery charges by the customer.
For orders shipped to countries other than France, the customer is the importer of the products concerned. For orders shipped outside the European Union, the price will be calculated tax on the invoice. Customs duties or other taxes or duties may be payable. These rights are not within the jurisdiction and are not the responsibility or liability of DIEGA. They are the sole responsibility of the customer and are entirely his responsibility, both in terms of returns and payments to the authorities and organizations in his country. DIEGA recommends the client to learn about these issues after its competent authorities and tax advice and its local agencies.
All orders must be paid in euros.
ARTICLE 5: PAYMENT
The settlement of customer purchases is by credit card via the stripe.com system.
stripe.com is a secure Internet payment by credit card offered by stripe.com. The customer can find more information on stripe.com by going to www.stripe.com site.
The customer's credit card is charged at the time of confirming the order on the Website.
In the event that for any reason whatsoever (opposition, refusal of issuing center ...), the flow of money owed by the customer proves impossible, the sale will be immediately and automatically canceled.
The provisions of Article 1341 of the Civil Code do not apply to sales made by remote DIEGA.
ARTICLE 6: DELIVERY
The goods will take place after the settlement of the amount of the order has been registered at the address of the customer, it has specified when placing the order (address to be located in one of the country) however with the stipulation that no delivery can not be made o hotels or PO boxes. Pursuant to Article L. 121-20-3 of the Consumer Code, the delivery of items ordered taken at the latest within 30 days from the date of the order, subject to full payment.
DIEGA is responsible for parts ordered up to their support by carriers (La Poste). DIEGA can not be held responsible for delays in delivery due to customs in particular.
DIEGA deliver the ordered goods by Colissimo (for deliveries in France) or through international Colissimo services (for deliveries in all other places), provided that in all cases the parcel will be delivered against acknowledgment that signed by the customer or his representative.
Delivery times may be provided by DIEGA on the Website will not only.
If, upon delivery, the exterior of the package is damaged, the customer will conduct its opening in the presence of the carrier to check the status of the article. If damage to the item, the customer will detail specifically on the delivery order, the provisions of section 9 below remaining otherwise apply.
ARTICLE 7: RIGHT OF WITHDRAWAL AND RETURN TO ARTICLES
DIEGA means that those of its customers who are not satisfied with the items ordered may exercise the right of withdrawal provided for in Article L. 121-1 of the Consumer Code.
Thus, the customer can return the goods delivered within seven days from the date of delivery in their original, complete and accompanied by a copy of the invoice package to the following address: DIEGA - 15 rue Béranger - 75003 Paris.
It will be up to the customer to keep proof of this return, which implies that the items must be returned by registered mail or by any other means giving a certain time (for example, by La poste, UPS, Fedex etc.), costs and risks of return to be borne by the customer.
Items returned incomplete, damaged, or damaged by the customer, or generally not allowing them remarketing by DIEGA in new condition will not be refunded or exchanged, and will be returned by post.
ARTICLE 8: CONFORMITY - GUARANTEE
The customer must ensure that the articles were delivered correspond to the order. In the event that the goods delivered do not comply with the order, the customer must notify DIEGA by email to the following address firstname.lastname@example.org and return the items in question under the conditions set out in Article 7 of these terms and conditions.
DIEGA items are subject to warranty terms prescribed by law (including Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and sections 1641 and 1648, first paragraph of the Civil Code).
In addition, the items offered for sale on the Website are in accordance with French law. DIEGA responsibility can not be engaged in case of non compliance with the legislation of the country where the goods are delivered. It is the customer's responsibility to check with local authorities any restrictions or conditions on the import of the items offered on the Website.
The photographs, illustrations and texts illustrating the articles are not binding. Therefore, the responsibility can not be held DIEGA on error photography, illustration or text.
ARTICLE 9: PROTESTS - INFORMATION
For more information, complaint or question concerning the terms of distance selling implemented by DIEGA or sections themselves, customers should contact DIEGA by email to the following address email@example.com in stating, where appropriate, the order number.
ARTICLE 10: ELECTRONIC FILE - PROTECTION OF PRIVACY
DIEGA is an electronic file that lists certain information about its customers, including those given by them when placing an order. This database has been the subject of a declaration in accordance with the regulations required by the law "and Freedoms" n ° 78-17 of 6 January 1978, amended by Law No. 2004-801 of August 6, 2004.
Each client has an individual right to access, removal and correction provided by law and may in this regard to remove information about the individual that is no longer relevant, by making a written request to DIEGA, by sending a letter with acknowledgment of receipt to 15 rue Béranger - 75003 Paris.
ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS
All the texts, comments, works, illustrations, artworks and images reproduced or represented on the Website is strictly reserved under copyright as well as intellectual property, and for the world. Any reproduction, total or partial reproduction of the Website, or any or all of the elements found on the Website is strictly prohibited.
Company names, logos, brands and distinctive signs displayed on the Website are protected under trademark law. The reproduction or representation of all or part of these names, trademarks and signs is strictly prohibited and is subject to prior written consent of its owner.
ARTICLE 12: GOD
Execution by DIEGA all or part of its obligations shall be suspended upon the occurrence of a fortuitous event or force majeure that would impede or delay the execution.
Are considered as such, including, but not limited to, war, riots, insurrection, civil unrest, strikes of all kinds and supply DIEGA problems.
DIEGA inform the customer of such a fortuitous event or force majeure within thirty (30) days of its occurrence. If this suspension continues beyond a period of thirty (30) days, the customer would have the option to terminate the current command, and it would then elect a refund under the conditions set out in Article 7 of these terms and conditions.
ARTICLE 13: DISPUTES - APPLICABLE LAW
These general conditions of sale are subject to French law. In case of difficulty arising in connection with the order or delivery of items DIEGA, the customer will have the option, before any legal action to seek an amicable solution. Any disputes which may arise from the interpretation or execution of these terms of sale and its aftermath will be subject to the exclusive jurisdiction of the Commercial Court of Paris.