1. Préambule et opposabilitéCe site est la propriété exclusive de DELSEY. L’internaute qui souhaite utiliser ce site est supposé avoir lu et pris connaissance des présentes mentions. Il est tenu à chaque visite de prendre connaissance d’éventuelles évolutions des présentes mentions. Ces mentions ne sont ni des conditions générales de service, ni des conditions générales de vente.
2. Informations légalesCe site est la propriété exclusive de DELSEY. L’internaute qui souhaite utiliser ce site est supposé avoir lu et pris connaissance des présentes mentions. Il est tenu à chaque visite de prendre connaissance d’éventuelles évolutions des présentes mentions. Ces mentions ne sont ni des conditions générales de service, ni des conditions générales de vente.
3. Limitation de responsabilitéCe site est la propriété exclusive de DELSEY. L’internaute qui souhaite utiliser ce site est supposé avoir lu et pris connaissance des présentes mentions. Il est tenu à chaque visite de prendre connaissance d’éventuelles évolutions des présentes mentions. Ces mentions ne sont ni des conditions générales de service, ni des conditions générales de vente.
4. Propriété Intellectuelle
5. PrerequisitesThe customer declares and acknowledges that:
*he/she is of legal age and has full legal capacity allowing him/her to commit to the present general terms and conditions;
*he/she is informed that his/her commitment does not require a handwritten or electronic signature. Agreement to the present general terms and conditions of sale and to ordering the goods in the basket is provided through a simple click.
* he/she is acting as a consumer, meaning that he/she is acquiring products exclusively for personal and private use.
6. DocumentsThe following are the contractual documents, in decreasing order of importance:
* country-specific annexes;
* the present general terms and conditions of sale.In the event of contradiction between documents of different kinds or different priorities, the parties expressly agree that the provisions contained in the higher-priority document shall prevail in the event of disagreement over their interpretation. In the event of contradiction between the terms of documents of the same level of priority, the most recent documents shall prevail over the older documents. Notwithstanding the rules of contract interpretation, the following principles of priority shall be applied:
* obligation by obligation;
* or, if not, paragraph by paragraph;
* or, if not, article by article.
7. Enforceability of the General Terms and ConditionsThe general terms and conditions are accessible at all times in the online store under the General Terms and Conditions category. The customer may access the archived general terms and conditions by sending a request by email to the following address: firstname.lastname@example.org. In any event, the version of the general terms and conditions of sale that is enforceable against the customer shall be that accepted by the customer when he/she validates his/her order. The documents shown online and accepted when the order is placed shall prevail over all earlier paper versions. DELSEY reserves the right to adapt or modify the present general terms and conditions at any time. However, new versions of the general terms and conditions of sale shall only apply to orders that are placed after the terms and conditions are displayed online and that are validly accepted by the customer. The customer is entitled to save and print the present terms and conditions of sale by using the standard features offered by its browser or computer.
8. Access and Identification Conditions8.1 Access to the website Placing online orders requires the customer to access the website through the internet. Access to the website is free and open to all users who have access to the internet. The user shall be solely responsible for all costs related to internet access, whether they correspond to the hardware, software, or internet access charges. He/she shall also be solely responsible for the functioning of his/her IT equipment as well as his/her access to the internet. DELSEY undertakes to provide a high standard of access and to allow users to use the available communication methods in the best possible conditions. Due to the nature and complexity of the internet network and, in particular, its technical performance and the response time required to consult, search or transfer information, DELSEY shall do its utmost, in accordance with industry practices, to allow the site to be accessed and used. DELSEY shall not guarantee that the website is fully available at all times. However, DELSEY reserves the right to temporarily or definitively suspend the site or access to one or several remote services without notification or compensation, in order to carry out works including but not limited to updates, maintenance work or changes to operational methods, servers and access hours. DELSEY shall not be held liable for losses of any kind that may result from these changes and/or a temporary period of unavailability, or from the definitive closure of all or part of the website or of its related services. DELSEY reserves the right to complete or modify the website and the services offered on the website at any time on the basis of technological developments. The user shall be responsible for monitoring IT and transmission developments so that these operating means can be adapted to developments in the website. 8.2 Account creation In order to make a purchase or create a “Wish List” (“liste de souhaits”), the user must create an account in the “Create an Account” tab. This account can be accessed from the “My Account” tab once the user has identified himself/herself using his/her personal login and password. The procedure for creating a personal account consists of the following steps:
* Step 1: Creating the account: the user fills in the subscription form by filling in the required fields and providing his/her email address as well as a password, which act as his/her login details. Users can also subscribe through Facebook.
* Step 2: The user validates and accepts the general terms and conditions of sale by ticking the appropriate box.
* Step 3: Once this information is provided, the user validates the form. The user then receives a confirmation email to the email address indicated.At this time, the user undertakes to provide accurate and complete information and to regularly update this information. The user is thus able to change his/her personal information by accessing the “My Account” tab. The user must provide a valid email address that will, most notably, allow DELSEY to send an email confirming his/her subscription or the recovery of or any changes to his/her password. The user shall be responsible for ensuring that he/she is the only person who has access to the email that authorizes the password changing procedure. The user shall be solely responsible for keeping, storing, and maintaining the confidential nature of his/her password and any other confidential data that DELSEY may provide to him/her. The user undertakes to take all necessary measures in order to ensure full confidentiality. The use of a password assumes that the user to whom the password belongs has used the services offered on the site. The user undertakes to immediately change his/her password if it is disclosed to a third party or stolen by resetting it on the website. An email shall be sent to the user asking him/her to change the password. The user shall be solely responsible for the use of website when accessed with his/her password. DELSEY shall not be held liable in the event of fraudulent or abusive use of the website or any use resulting from the login and/or password being voluntarily or involuntarily disclosed to a third party. 8.3 Suspension and closure of a “Member” account In the event of a suspected fraudulent use of a member account or a breach of the general terms and conditions of sale, DELSEY reserves the right to suspend or shut down the member’s account, without compensation or notice period. DELSEY shall not be held liable for any losses or damages resulting from a breach of the member’s confidentiality obligations. The member shall, in any event, be responsible for the use of his/her account prior to it being shut down.
9. Product InformationDELSEY takes the utmost care when placing information online concerning, in particular, essential features of the products offered for sale on the website, the price of products offered for sale on the website, warranties and after-sale services, payment and delivery methods, delivery restrictions, the period during which the spare parts required in order to use the products are available on the market and the option of a mediation procedure in the event of a consumer dispute, before the order is placed. Essential product features, prices and delivery times are displayed on each product description form. This information is also summarised in the basket. Photographs and other graphic illustrations of the products featured on the website are simply indicative. The customer is fully informed that the images, photographs and colours of the items that are for sale on the website may not correspond to actual colours due to the different internet browsers and computer screens used. The instructions for use are provided for products on offer subject to material errors.
10. Ordering Process10.1 Choice of products The customer choses from among the products presented on the website at the time of the order. It is specified that placing a product on the wish list does not mean that the product is reserved, and the customer must check if the product is still available when placing the order. Sold-out products that are “victims of their own success” or out of stock shall be shaded in grey on the website and not available to order. The customer acknowledges that that he/she has been informed of the nature, purpose and methods of use of the products that are available on the website and has requested and obtained the necessary and/or additional information required to place the order in full knowledge of the facts. The customer is solely responsible for his/her choice of products and whether they meet his/her expectations, so that DELSEY cannot be held liable in this respect. The customer shall be responsible for ensuring that any accessories he/she buys on the DELSEY website are compatible with the product he/she wishes to use them with. 10.2 Product Ordering Process Placing an order shall imply that the present general terms and conditions have been fully accepted in their entirety by means of ticking a box and then clicking accept. The contractualisation procedure consists of the following steps:
* Step 1: products are chosen and placed in the basket;
* Step 2: access to the summary of the order in the basket. At this stage, the customer is able to check the order details and the total price, not including delivery charges, to modify the order, correct any potential errors or cancel the order entirely;
* Step 3: the customer must identify himself/herself if he/she has not already done so (either by connecting to his/her existing customer space, or by creating an account);
* Step 4: the invoicing and delivery addresses are chosen, as well as the delivery method;
* Step 5: on the same screen, a summary of the order as well as the general terms and conditions of sale are displayed before the order is validated. At this stage, the customer is also able to check the order details and the total price, including any surcharges corresponding to special delivery, and to modify the order, correct any potential errors or cancel the order entirely.
* Step 6: the method of payment is chosen and the order is paid. Once the order is validated and paid, it can no longer by modified by the customer. DELSEY shall acknowledge receipt of the customer’s order by immediately sending a confirmation email. Orders will only be accepted after payment is accepted. If payment is denied then the order is cancelled. DELSEY undertakes to fulfil the orders received subject to available stocks and to inform the customer if an item is unavailable by any means and at its own convenience. The order shall then be cancelled and the payment reimbursed to the customer’s account.
.The price corresponding to the order placed on products offered on the website is indicated in the appropriate section of the online store, on the product description form of the products available for sale online. Prices shall be displayed in euros and shall included taxes. Prices for each product available for sale online shall only be valid for the period during which they are display electronically and in real time in the online store. Prices may change on the basis of different criteria and in particular in the event of commercial transactions. The value of the transaction shall necessarily be that indicated at the date and time when the customer placed the order. The parties acknowledge that they shall have no recourse in the event of an increase or decrease in price after the order has been placed. The displayed prices include VAT, if applicable, at the rate in effect at the time of the order. All changes in VAT rates shall be automatically reflected in the prices of products offered for sale. The price of products displayed on the website shall not take into account order potential delivery charges, which shall be indicated separately from the price including taxes. Before the order is confirmed by the customer, the total amount of the order (price including taxes + potential delivery charges) shall be indicated in euros.
.The customer may chose to pay for the order by any of the means indicated in the online order form. The following payment methods shall be accepted:
* credit cards, Visa and Mastercard;
* American Express;
13. Right of Withdrawal
.13.1 Deadline and scope The customer is entitled to a legal period of withdrawal of fourteen (14) days to return any undesired products, without having to justify his/her decision. This withdrawal period begins on the day after the product is received. For orders that include several products delivered separately or one product composed of separate lots or several sections which are delivered on a staggered and defined basis, the withdrawal period begins on the day after the last product, lot or section has been delivered. If the withdrawal period comes to an end on a Saturday, Sunday, holiday or non-working day, it will be extended to the next working day. The right of withdrawal may be exercised without penalty, with the exception of return charges that are payable by the customer, as applicable, depending on the method of return chosen by the customer. The right to withdrawal shall not apply to the following orders:
* products manufactured in accordance with buyer specifications or clearly personalised products.13.2 Ways to exercise the right of withdrawal The customer has the right to return the product by his/her own means by using the withdrawal form attached to the present terms and conditions of sale. In this case, the customer is responsible for the return charges. The customer may also choose to fill out a withdrawal form available when accessing his/her order details from his/her online account. Once submitted, the form generates an automatic email that is sent to the customer’s email and that contains a return receipt which the customer must print out. The withdrawal form available on the DELSEY website gives two options:
* Return by Chronopost, in which case return charges are covered by DELSEY without any further requirements
* Return by other means, in which case the customer is responsible for the return charges. Customers are hereby informed that products must be returned as follows:
* new and in their original wrapping;
* together with a return form;
* undamaged and complete;
* clean and without marks beyond those resulting from trying out the product;
* without signs of dirt, perforations, rips, burns, discoloration, deformations;
* with all the elements showing the brand or the brand model (logo, exterior brand label, etc.)
.DELSEY shall do its outmost to deliver the product on the date or within the timeframe indicated to the customer, and unless otherwise indicated, within a maximum period of thirty (30) days from when the customer placed the order. Delivery times shall be indicated to the customer when he/she places the order, depending on the chosen method of delivery and delivery address. The products shall be delivered to the address indicated by the customer on the online order form. Delivery shall be understood to mean that the customer has acquired physical possession or control of the ordered product. Delivery shall take place, at the customer’s choice, in accordance with the methods indicated on the website and most notably by Chronopost of express delivery. The different charges and delivery methods shall be indicated on the website. The risk of loss or damage to the products shall be transferred to the customer when he/she or a third party appointed by him/her, other than the shipping agent recommended by DELSEY, takes physical possession of the products. Should the customer chose to entrust the delivery to a shipping agent other than the one recommended by DELSEY, the customer is informed that the risk of loss or damage to the product shall be transferred to him/her as soon as the product it delivered to the chosen shipping agent. If the product is not delivered on schedule or within the indicated timeframe, or, failing that, no later than 30 days after the contract is entered into, the customer is hereby informed of his/her right to terminate the contract by registered letter with acknowledgment of receipt or in writing through any other durable medium if, after having requested DELSEY to deliver the product within a reasonable additional timeframe and through the same methods, DELSEY nevertheless fails to make the delivery. In these circumstances, the contract shall be considered terminated upon receipt by DELSEY of the letter or the written document informing it of this termination, unless this termination has already taken place in the meantime. The customer is informed that he/she may immediately terminate the contract if DELSEY refuses to deliver the product or if it does not comply with its obligation to deliver the product on a specific date or within a specific timeframe, which for the customer constitutes an fundamental obligation of the contract as a result of the circumstances in which the contract was entered into or of the customer’s express request. In the event of termination of the contract, DELSEY shall reimburse the customer for all amounts paid within a reasonable time after the date on which the contract is terminated.
15. Product Use
.The use of the ordered product may be subject to instructions for use and safety instructions. The customer undertakes to study and comply with the instructions for use and safety recommendations contained in these documents, including those displayed and updated online on the website.
.16.1 Commercial warranty DELSEY offers its customers a commercial warranty for a period set out in the product description forms, it being specified that the applicable warranties shall be those offered at the time of purchase of the product. 16.2 Legal warranty Irrespective of the warranty granted as described above, DELSEY shall also be held liable if the product fails to comply with the contract, and, if applicable, for warranties provided by the applicable national legislation. Details of the applicable warranties are provided in the annexes. Claims under the warranties may be made to DELSEY at the following email address: email@example.com.
17. Personal Data Protection
.17.1 Personal data When the customer visits the website or places orders, his/her information may be collected through questionnaires, forms, etc. The user is informed that DELSEY, in its capacity as data controller, may process personal data for the following purposes:
* managing and monitoring account creation activity and customer relations in general;
* managing and monitoring orders, payments, deliveries, shipping and returns, as well as customer and after-sale services;
* managing customer accounts;
* commercial and marketing management;
* customer statistics management;
* quality and satisfaction assessments;
* market research and offer customisation;
18. DELSEY Property
.18.1 Intellectual property The present general terms and conditions shall not result in the transfer of any property rights corresponding to DELSEY products to the customer. The content of the website, its general structure, as well as the trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programmes, search engines, databases, sounds, videos, domain names, design, DELSEY know-how and all other elements that make up the website including but not limited to the above or any other information contained in the website, are the exclusive property of DELSEY or its partners or third parties that have assigned a license to it, and are protected in particular by intellectual property rights that are or will be recognised under current legislation. Any full or partial reproduction and/or representation of one or more of these elements without DELSEY’s express permission is prohibited and shall most notably but not exclusively constitute an infringement which is sanctioned current legislation. Similarly, all of DELSEY’s trademarks, distinguishing marks, plans, studies, projects, operating or setup instructions, photographs, technical and commercial documents and models, in particular those related to sold products, as well as all IT and application programmes, codes and information shall remain DELSEY’s exclusive property. Consequently, the user is prohibited from engaging in any behaviour or actions likely to directly or indirectly infringe upon DELSEY’s intellectual property rights. In particular, the customer undertakes to comply with all end user licence contracts that may apply to the ordered products. The customer also undertakes not to in any way erase, remove or obscure DELSEY’s ownership marks or those of the product licensors, or, conversely, ostensibly display such ownership marks, labels or notices on counterfeit products. This article shall remain in effect after the present terms and conditions expired for any reason whatsoever, for as long as required. 18.2 Methods and know-how DELSEY shall remain the exclusive owner of its own methods, know-how and tools that it used to perform its contractual obligations. This property Clause shall remain in effect after the present general terms and conditions have expired for any reason whatsoever, for as long as required.
.DELSEY declares that it has subscribed to an insurance policy with an insurance company that is known to be solvent and that is established in France. This insurance policy covers any civil liability claims that may be made against it in respect of bodily injuries and material and immaterial damages suffered by third parties while carrying out their duties, including in particular managing the DELSEY online store for its own account, including after delivery of its work and/or delivery of its products. Applicable worldwide except for the USA/Canada.
20. General Provisions
.20.1 Good faith The parties undertake to perform their obligations in good faith. 20.2 Sincerity The parties declare that the present commitments are sincere. As such, they declare that to their knowledge there are no elements that would have affected the other party’s agreement to the commitments had it been aware of them. 20.3 Entire commitment The present general terms and conditions of sale represent the entire agreement between the parties. Neither of the parties may integrate a general or specific condition into this contractual document. 20.4 Section titles In the event of difficulties in interpreting this contract resulting from a contradiction between any of the section titles of the articles of the present terms and conditions and the articles themselves, the titles shall be deemed non-existent. 20.5 Invalidity In the event of one or more of the provisions contained in the present general terms and conditions being deemed void or declared void under the terms of a law, regulation, or following a final decision issued by a competent jurisdiction, the other provisions shall remain in full force and effect. 20.6 Waiver of rights The parties jointly agree that no tolerance of a situation shall grant the other party any additional rights. Furthermore, such an allowance may not be interpreted as a waiver of the party’s rights. 20.7 Transfer The customer accepts that the rights and obligations resulting from the present terms and conditions may be transferred by DELSEY to a third party in particular in the event of a merger or acquisition. 20.8 Independent parties Neither party may commit in the name or on behalf of the other party. Furthermore, each party shall remain solely responsible for its actions, claims, commitments, service provisions, products and staff. 20.9 Sub-contracting The customer authorises DELSEY to employ any sub-contractors of its choice to perform the present terms and conditions and provide the services. In this event, the customer consents to DELSEY disclosing the information necessary in order for the present terms and conditions to be performed by DELSEY’s sub-contractors.
.DELSEY shall not be held liable for any interruptions or bugs affecting the website. DELSEY shall not provide and guarantees concerning all or part of the website, in particular in relation to any potential direct or indirect losses resulting from the website being used. The website may contain links to external sources. Given that DELSEY cannot control these external sources, it can therefore not be held liable for any content, products, services, advertisements, or any other elements available on these external sources. DELSEY invites users to familiarise themselves with the general terms and conditions of use available on these external sources. DELSEY shall be duly liable to the customer acting as a consumer for the proper performance of the obligations contained in the present terms and conditions. DELSEY shall however not be held liable for its failure to perform the present terms and conditions due to a case of force majeure. DELSEY shall also not be held liable for the improper performance or failure to perform the contract if this is due to an unforeseen or insurmountable act carried out by a third party or the customer’s fault. This article shall remain in effect after the present terms and conditions have expired for any reason whatsoever.
22. Evidence and Evidence of Agreement
.The online electronic acceptance of the general terms and conditions has the same probative value between the parties as a written agreement. The computerised register saved on DELSEY’s IT system shall be stored under reasonable security conditions and considered proof of communication and of orders placed and payments made between the parties. The register shall be considered evidence until proof to the contrary is provided. DELSEY shall archive contractual documents, orders and invoices, which may be used as evidence.
.The binding version of these terms and conditions is the French language version. Should the present general terms and conditions be translated into a foreign language, the French language version shall prevail over all translations in the event of a challenge, dispute, or difficulty related to the interpretation or performance of the present conditions, and, more generally, in matters related to the relationship between DELSEY and the customer.
24. Dispute Resolution
.DELSEY informs the user, acting in his/her capacity as consumer, that he/she has recourse to a an agreed mediation procedure or any other alternative method of dispute resolution in the event of a claim related to the present general terms and conditions. Further details are contained in the annex. DELSEY also informs the user that he/she has recourse to the European Online Dispute Resolution platform (ODR). The user may access this website at the following address: http://ec.europa.eu/consumers/odr/.
25. Applicable law
.The present general terms and conditions are governed by French law. The customer may however validly claim and request the application of the mandatory law provisions contained in the law of the European Union country in which he/she resides.
.Disputes shall fall under the non-exclusive competence of the Paris courts, meaning that in application of the present general terms and conditions of sale, the customer may initiate legal proceedings in order to assert his/her consumer rights either in Paris or in any European Union country in which he/she resides. In the event of specific provisions corresponding to a country of delivery, customers are invited to consult the county by country annexes included in the present terms and conditions of sale.
27. List of annexes
.The present general terms and conditions include the following annexes:
* Annex 1: French regulations* Last update Last update took place on [to be completed].
ANNEX I Provisions applicable in France1. Guarantee Specificities
Regardless of the commercial guarantee granted by Delsey, Delsey remain liable for lack of conformity of the product with the contract in accordance with Articles L.217-4 to L.217-12 of the Consumer Code and latent defects or hidden defects of the thing sold, in accordance with Articles 1641 to 1648 of the Civil Code. These guarantees shall be exercised exclusively with DELSEY. SUMMARY OF THE MAIN APPLICABLE TEXTS
Article L217-4 of the Consumer Code "The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It shall also address the lack of conformity resulting from the packaging, assembly instructions or installation where it is responsible for the latter under the contract or carried out under its responsibility."
Article L217-5 of the Consumer Code
"In order to comply with the contract, the good must:
1. Be fit for the purpose usually expected of a similar good and, where applicable:
- if it corresponds to the description provided by the seller and possesses the qualities presented by it to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the label; or
2. Telephone Canvassing Specificities The customer in its capacity of consumer and who does not wish to be subjected to commercial canvassing by telephone, is informed by these general terms of its right to register for free on a telephone-canvassing opposition list. This list is called Bloctel and consumers can register online on the website at the following address http://www.bloctel.gouv.fr/. 3. Mediation of Consumer Disputes The customer is informed by DELSEY of the possibility of using, in case of dispute regarding these terms and conditions, a conventional mediation procedure or any other alternative dispute resolution method. To this effect, the customer is informed that it may inform the Mediator of Fevad. Shall not be reviewed by the mediator disputes where the claim is manifestly unfounded or abusive, or has been previously examined or is being examined by another mediator or a Court, or if the consumer has submitted the application to the Mediator within a period that exceeds one year from its written complaint with DELSEY or if the dispute is not within the jurisdiction of the Mediator, or finally if the consumer does not justify having previously tried to solve its dispute directly with DELSEY through a written complaint as provided, if any, in the contract. To submit your dispute to the mediator, you can: fill in the form on the internet at http://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso; send your request by regular post or registered letter a the following address: Médiateur du e-commerce de la FEVAD, 60 rue la Boétie – 75008 Paris, (i) send an email to firstname.lastname@example.org. DELSEY also informs the customer of the existence of a European platform dedicated to Dispute Resolution ("ODR") which it can use. The user can access it from the following link: http://ec.europa.eu/consumers/odr/. 4. Order Specificities If the product is subject to the eco-contribution under the Environmental Code, the relevant amount shall be indicated. 5. Preservation / archiving Specificities DELSEY shall keep the documents evidencing the customer's order in any amount higher or equal to one hundred twenty (120) euros for a period of ten (10) years (i) from the delivery resulting from the ordered goods and (ii) from the end of the performance of the contract for services, and guarantees access at any time during that period. Contractual documents will be kept in an electronic or paper format. DELSEY guarantees access to the stored contractual documents at the customer's request. 6. Withdrawal Form Please complete and return this form if you wish to exercise your right of withdrawal: To the attention of: CLIENT RELATIONSHIP Mailing Address: 215, avenue des Nations 93290 Tremblay en France (France) Phone: 33 (1) 49 38 30 40 Email: email@example.com I / We (*) hereby inform you that I am / we are (*) exercising our right to withdraw from the contract in connection with the sale of the product (*) mentioned below: Ordered on (*) / received on (*): Name of customer(s): Address of customer(s): Signature of customer(s) (only if the notification is made on paper): Date: (*) Delete as appropriate. DELSEY, in charge of the processing, has implemented a personal data processing system intended for the management, treatment and monitoring of the exercise by the customers of their right of withdrawal. The data collected through this withdrawal form are required. Otherwise, the processing of your application may be delayed. This information is only intended to DELSEY. Customers are informed that they have a right to access, query, rectify and oppose, for legitimate reasons, the processing of their data. These rights shall be exercised by mail accompanied by a copy of a signed identity card at the following email address firstname.lastname@example.org, or mailing address Service Juridique - 215, avenue des Nations 93290 Tremblay en France.