ARTICLE 1. SCOPE OF APPLICATION
These General Conditions of Sale are intended to define the contractual relations applicable in the context of the sale of products (hereinafter “the Product(s)”) marketed on the website www.despiedssousmatable.com (hereinafter “the Site”) ),
Between
The company SAS DIGIT GRAAL Share capital of €20 VAT number: FR000 28 883 142 – 390 Chemin du bois de la manche 623 SAINT PAUL, owner of this Site
Et
Any adult natural person, non-commercial, having the legal capacity to contract, exclusively domiciled in metropolitan France (excluding Corsica) by www.despiedssousmatable.com (hereinafter "the Customer") making a purchase of product(s) (hereinafter after designated "Product" or "Products") on the Site.
The Customer declares to be at least 18 years old, to have the legal capacity or to be in possession of parental authorization allowing him to freely place orders on the Site.
These general conditions (hereinafter the "General Conditions of Sale") govern without restriction the sales of Product(s) made on the Site. The applicable General Conditions of Sale are those in force on the Site on the date the order is placed by the Customer.
Any order on the Site implies the full and entire adherence of the Customer to the General Conditions of Sale in force at the time of placing his order.
For the application hereof, it is agreed that the Customer and the Supplier will be collectively referred to as the “Parties” and individually referred to as the “Party”.
ARTICLE 2: OBJECT
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Products are marketed by the Supplier.
ARTICLE 3. PRODUCTS
The Products offered for sale are those appearing on the Site on the day of its consultation by the Customer. Each Product is the subject of a descriptive sheet which contains: the price, the photograph, the sizes, the composition, as well as the particular characteristics of the Product.
The photographs, texts and videos of the Product(s) presented on the Site are not contractual and the responsibility of www.despiedssousmatable.com cannot be engaged in the event of non-correspondence of the article compared to the information provided on the Site.
Certain Products are considered “Custom Products”. A Product is said to be personalized when the Customer himself chooses the combinations of product characteristics (choice of colors, material, choice of color, choice of height).
The so-called "personalized" Products are not stored because they are manufactured at the Customer's request. The so-called "personalized" Products are manufactured "on demand" subject to the feasibility of the Customer's request. Personalized products are neither exchangeable nor refundable (for more explanations see article 13).
ARTICLE 4. SALE PRICE
The selling prices of the Products offered on the Site are indicated in euros, all taxes included, excluding delivery costs; the value added tax (VAT) is that in force on metropolitan French territory on the day of validation of the order and any change in the applicable rate of VAT will be automatically passed on to the price of the Products.
The Supplier reserves the right to modify prices at any time but undertakes to apply the prices indicated on the Site at the time of the Customer's order. The prices appearing on the order after its validation and registration are firm and final: if the prices drop a few days after the order, the Supplier may not under any circumstances compensate the Customer for the difference; if prices increase, the Supplier undertakes to deliver at the price fixed on the day of the order.
The prices do not take into consideration the delivery costs of the Product(s) to the Customer, which will be indicated and invoiced in addition during the validation The delivery costs are communicated to the Customer on the summary of the order before the validation of the latter and are expressed inclusive of all taxes. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products.
ARTICLE 5. ORDERING AND PAYMENT OF PRODUCTS
5.1 – Placing an order
The Customer materializes his order by following 5 steps
Step 1: the Customer selects the Product(s) and adds them to his basket.
Step 2: the Customer checks the contents of his basket by clicking on "see basket" in order to have access to the summary of his order. The Customer can then modify his order (Product, quantity). The Customer must inform the place of delivery to know the price of the delivery and the possible options.
Step 3: Entry by the Customer of his contact details as well as the delivery and billing address. Fields marked with an asterisk (*) are required fields; it being specified that unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.
The total amount including tax of the order, distinguishing on the one hand the price due for the Product(s), and on the other hand the delivery costs if they could be calculated, is then indicated in the summary.
Step 4: The Customer then verifies all the information and clicks on "order" to continue with his order, after having ticked the box " I read and I agree to the general selling conditions ". Any order validated by the Customer entails the definitive acceptance of these General Conditions of Sale without possibility of appeal, except in the event of a shortage of stock or the application of the right of withdrawal.
Step 5: Enter bank details.
The Customer will then access the secure payment screen of the Site.
Payment is made online by credit card.
If the payment is accepted, the Customer will be redirected to an order confirmation page on the Site. In the event of payment failure, the Customer will be redirected on the Site to a screen indicating the refusal of payment. The Customer will then be invited to contact the Supplier's customer service by email: bonjour[arobase]despiedssousmatable.com to find out the reasons and try to find, together, a solution to finalize this order.
5.2 – Confirmation of the order
Upon acceptance of payment, the Customer will receive an email confirming his order which will summarize all the items ordered, the billing and delivery address.
The validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by the Supplier, then the acceptance of payment, constitute conclusion of a sales contract between the Parties and acceptance of the General Conditions of Sale.
The Supplier reserves the right not to validate the order in the event of:
– abnormal or abusive complaints,
– abnormal orders with regard to the quantities ordered,
– abnormal or abusive exchanges and returns,
– existing dispute(s) with the Client,
– incomplete or incorrect address.
5.3 - Payment
The price of the Product(s) purchased is payable in full on the day the order is placed by the Customer.
The order validated by the Customer will only be considered effective when the bank payment centers have given their agreement. In the event of refusal by the said centers, the order will be automatically canceled and the Customer notified by e-mail. Furthermore, the Supplier reserves the right to refuse any order from a customer with whom there is a dispute or whose order presents risks of non-payment.
Transactions made on the Site are secure. The Customer's bank details are not kept.
5.4 – Archiving of the order
The order confirmation is recorded in the Supplier's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
ARTICLE 6. DELIVERY
The risk of loss and deterioration of the Products will be transferred after delivery and receipt of the Products by the Customer.
The Supplier will deliver the orders accompanied by a delivery note within the period announced in the confirmation of the order.
The lead times indicated by the Supplier are the usual average lead times for Products in stock corresponding to the processing and delivery times of the order. These deadlines do not constitute a strict deadline and the responsibility of www.despiedssousmatable.com cannot be engaged in the event of late delivery or out of stock. Any delays in the manufacture of made-to-measure products may under no circumstances give rise to cancellation of the order, reimbursement of the order or payment of penalties or damages.
The responsibility of www.despiedssousmatable.com can not be engaged in case of delay or delivery error due to incorrect entry of the address by the Customer when placing the order. Any reshipment of the order will be invoiced and paid for by the Customer. Any delay in delivery due to disruptions attributable to transport companies cannot engage the responsibility of www.despiedssousmatable.com.
The products are delivered to the delivery address indicated by the Customer during the ordering process, the package will be deposited at the property limit right of the address indicated by the Customer.
The customer is responsible for checking the conditions of accessibility to the place of delivery before shipping, in particular, a 19-tonne truck 7.5 m long and 2.5 m wide must be able to access the place of delivery and carry out its maneuver.
For bulky products, in particular table tops, an unloading aid is required by the Customer.
It is necessary to provide sufficient help (friend, neighbour, etc.) to carry out the unloading by hand. The driver is not supposed to carry out handling.
If the delivery could not be made for reasons of accessibility, and the Customer had not informed the Supplier of this fact before the dispatch of the order, the Supplier cannot be held responsible.
An error in the delivery address, place of delivery, telephone number for making an appointment, absence of the customer at the scheduled appointment, a problem related to the accessibility of the place, or any other difficulty resulting in the need to make a new delivery will be invoiced at the actual costs of the new delivery, the payment of these additional costs by the Customer conditioning the new delivery.
A delivery that could not be completed in the event of difficult access will be subject to specific invoicing at the Customer's expense.
ARTICLE 7. RECEIPT OF THE ORDER
The risks associated with transport are borne by the Supplier, provided that the Customer has checked the Products upon receipt in the presence of the carrier and has indicated in writing on the transport voucher, if necessary, the reservations observed. Unless otherwise agreed, the Supplier freely chooses the carrier.
The Customer is required to check the conformity of the Product(s) received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as:
– damaged package,
– missing products,
– deteriorated products,
must be notified within the legal deadlines (within 3 days from the date of receipt) to the carrier. No claim can be declared to the carrier if the Customer has not expressed reservations.
The Customer must refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged (except customs clearance).
In the event of an anomaly, the Customer must inform the Supplier the same day or at the latest one working day after receipt of the order by e-mail to the address: bonjour[arobase]despiedssousmatable.com.
After a period of 3 days from delivery, and except for hidden defects, no complaint will be accepted, the Products then being deemed to be compliant, ie in good condition and delivered in their entirety.
In the case of a loss of package during transport, the investigation times may vary according to the carriers and take from one to four weeks.
ARTICLE 8. RETURNS
No returns will be accepted without the Supplier's prior written authorization. To obtain this agreement, the Customer must send a reasoned and detailed return request exclusively by email to the address bonjour[arobase]despiedssousmatable.com.
The following information is generally requested: precise contact details, description of the item or items concerned, reasons for the return, invoice or delivery note number corresponding to the parts described.
After acceptance, the Supplier sends the Customer a return form accompanied by a number. The return form must be printed and inserted inside the package and the assigned number must appear visibly on the package in order to be easily identified upon receipt by www.despiedssousmatable.com. Products must also be returned with a copy of the invoice.
The risks and costs of return are the sole responsibility of the Customer.
No return shipment against reimbursement will be accepted, whatever the reason.
The Products must be returned in their original packaging, with any labels and accessories, in perfect condition for resale. They must therefore neither have been used nor damaged.
When non-compliance has been noted, the Supplier will offer the Customer either:
– to replace the Product(s),
– reimbursement of the price of the order price of the non-conforming Product(s), with the exception of all taxes and customs duties paid by the Customer upon delivery, which will remain at his expense. The sums will be refunded no later than thirty (30) days from the date of dispatch of the notification of confirmation of non-compliance by customer service.
ARTICLE 9. RIGHT OF WITHDRAWAL
The Customer acknowledges that the Product(s) ordered correspond(s) to one or more Personalized Products (according to the definition given in Article 3). Consequently, and in accordance with the provisions of article L 121-21-8, 3°, the Customer cannot exercise his right of withdrawal.
ARTICLE 10. CUSTOMS DUTIES
Any product ordered on the Site and exported outside mainland France by the Customer may incur any customs duties and taxes to be paid according to the legislation in force in the country concerned. Import taxes must be paid by the Customer and under no circumstances the responsibility of www.despiedssousmatable.com cannot be engaged.
www.despiedssousmatable.com is not required to inform the customer of customs duties and applicable taxes and advises him to inquire with the authorities of the country concerned.
ARTICLE 11. PERSONAL DATA
The Supplier collects a certain amount of information necessary to process orders.
The information and personal data of Customers are necessary for the management of Orders and relations with Customers.
The information is strictly confidential and is indicated by an asterisk (*) when it is necessary for the Supplier within the framework of the management of the Customer's order.
Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, the Supplier may communicate this data to the legally authorized bodies and authorities.
The Supplier undertakes to take all useful precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorized third parties.
The Customer's personal information is stored at OVH (59 Roubaix).
In accordance with the law "Informatique et Liberté" of January 6, 1978, as amended by the law of August 6, 2004, the Customer has the right to access, rectify, modify and delete data concerning him.
The Customer may exercise this right by sending a letter specifying his surname, first name, email and postal address to the following address: SAS DIGIT GRAAL – 623 Chemin du bois de la manche 73170 SAINT PAUL.
SECTION 12. COOKIES
In order to process the Customer's order, the Site uses cookies. The cookie is a computer file, stored on the hard disk of the Customer's microcomputer, which aims to signal its passage on the Site.
Cookies memorize the Customer's visit time to the Site, their identity (known through their email address and password) and the contents of their basket. Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently erased.
The Customer may oppose the registration of cookies by configuring his Internet browser. He then loses any personalization of the service offered to him on the Site.
ARTICLE 13. LIMITATION OF LIABILITY
Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, queries or information transfers, the risks of cut, the risks of contamination by viruses circulating on the network and in general all the risks related to the use of the Internet network.
The Supplier cannot be held liable for any direct or indirect damage resulting from improper use or from incidents related to the use of the computer, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection, the Customer's connection to the Site being made under his full responsibility.
ARTICLE 14. FORCE MAJEURE
The Supplier cannot be held responsible for the total or partial non-execution of its obligations under the order placed by the Customer, if this non-execution is caused by an event constituting a case of force majeure as defined by positive law.
In such a case, the Supplier will inform the Customer of the occurrence of such an event within 3 (three) clear days following its occurrence, by e-mail.
After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and will, if necessary, be reimbursed directly on the bank card used to place the order and this within a maximum period of 30 (thirty) days.
ARTICLE 16. APPLICABLE LAW
If any of the terms of these General Terms and Conditions of Sale were found to be null, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale will remain in force.
The General Conditions of Sale are executed and interpreted in accordance with French law. In the event of disputes, the Customer will first contact the Supplier and will seek, in good faith, to reach an amicable solution.
In the absence of an amicable resolution of their dispute, the common law courts will have sole jurisdiction.
