1. PURPOSE
1.1 These presents general conditions (hereinafter the “General Conditions”) aim to define:
(i) the terms and conditions of the Box Services (hereinafter defined) and the Non-box Sale (hereinafter defined) (hereinafter together: the “Services”) offered by the company DAFC PARIS SAS (hereinafter: “DAFC Paris”) on the Emma&Chloé website (hereinafter the “Site”); and
(ii) the rights and obligations of DAFC Paris and the client (hereinafter the “Client”) in connection with the Services.
1.2 DAFC Paris offers the monthly delivery of a jewelry “Box” (hereinafter: the “Service Box”) including at least one piece of jewelry designed by Atelier Emma & Chloé (hereinafter: the “Product”).
The Customer who wishes to benefit from the Service Box can subscribe to it or activate a gift box.
The Service Box can be subscribed to in the form of a subscription (hereinafter the “Monthly Subscription without commitment, Monthly subscription with a 3-month commitment, Annual with a 12-month commitment ”). The Service Box can also be offered to any person in the form of a gift card to activate a gift subscription (hereinafter the “Gift Subscription”).
1.3 DAFC Paris also engages in the retail sale of Products via its Site (hereinafter: the “Sale outside the Box”), accessible on the Site independently of any subscription to a Subscription.
1.4 These General Conditions are accessible and printable at any time via a direct link on the Site's home page. They may be supplemented, where applicable, by specific conditions of use for certain services, which supplement these General Conditions and, in the event of contradiction, prevail over the latter.
2. OPERATOR OF THE SITE AND SERVICES – CONTACT
The Site and the Services are published and operated by the company DAFC Paris SAS, registered with the Paris Trade and Companies Register under number 943 243 832, whose head office is located at 5 rue Pierre Chausson - 75010 Paris.
For any complaints, DAFC Paris can be contacted using the contact details provided above or via our contact form.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The Client declares that he has full legal capacity, allowing him to enter into a commitment under these General Conditions.
By subscribing to the Services under the conditions provided below, the Client declares that they have read these General Conditions and expressly accept them.
Acceptance can only be full and complete. Any qualified acceptance is considered null and void. A Customer who does not agree to be bound by these General Conditions may not benefit from the Services or purchase Products on the Site.
4. ACCESS TO THE SITE
The Site and the Services are accessible to both individuals and professionals.
Professionals can notably subscribe to Subscriptions for the beneficiaries of their choice, who can implement these Subscriptions via Gift cards allowing them to activate a gift subscription.
Professionals can contact DAFC Paris for this purpose, which will provide them with a personalized quote.
5. REGISTRATION ON THE SITE
Registration on the Site is free. When subscribing to the Box Service or the Non-Box Sale, the Customer completes the registration form on the Site. Registration automatically results in the opening of an account in the Customer's name (hereinafter: the "Account") which allows them to manage their use of the Site.
The Client certifies that all information provided in the registration form is accurate, up-to-date and truthful and is not tainted by any misleading nature.
He undertakes to update this information in the event of changes so that it always corresponds to the above criteria.
The Customer is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the Customer is binding upon validation. DAFC Paris reserves the right to verify the accuracy of the data provided by the Customer.
The Client undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
The Customer may access their Account at any time by logging in using their username and password. They are responsible for maintaining the confidentiality of their username and password. They are responsible for informing DAFC Paris as soon as possible of any unauthorized use of their Account. They acknowledge that DAFC Paris has the right to take all appropriate measures in such cases.
6. SUBSCRIPTION TO THE BOX SERVICE
6.1 Service Box Registration Form
To benefit from the Service Box, the Customer must complete the form provided for this purpose on the Site, completing all fields marked as mandatory. Any incomplete registration will not be validated.
In this context, the Client must select whether he wishes to:
- Subscribe to a Subscription for monthly delivery of the Box for a period of one month (Monthly Subscription without commitment), three (3) months (Monthly with 3-month commitment), twelve (12) months (Annual with 12-month commitment) renewable by tacit agreement monthly until termination under the conditions of the “duration” article below;
- Purchase a Subscription Gift Card on behalf of a third party allowing said third party to receive the Box each month for a fixed period of three (3) months, six (6) months or one year, without automatic renewal. In this context, the Customer must provide the delivery address relating to the person receiving said Gift Box on the form provided for this purpose. The professional Customer who wishes to provide several members of his staff and/or any other third party with a Gift Box, can either subscribe to the Box Service directly online by validating his order basket on the Site, or request a personalized quote from DAFC Paris by sending a quote request to the email address provided in Article 2 of the General Conditions.
At the end of the registration, and after payment of the price of the Service Box in accordance with article 8.2 where applicable, the Customer receives an email containing confirmation of the subscription to their Subscription, or confirmation of the activation of their Gift Subscription designated in the Service Box registration form, as well as the invoice relating to the Services subscribed to.
6.2 Duration of the Box Service
6.2.1 Duration of Subscriptions
Subscriptions are taken out for periods of 1 (one), 3 (three) or 12 (twelve) months depending on the information provided by the Client on the subscription form.
- The Subscription takes effect from the month of the date of subscription to the Box Service (month N). The Customer will therefore receive the first Box of the Subscription within three (3) to ten (10) working days following subscription.
- For all Customers, monthly subscriptions without commitment, monthly subscriptions with a 3-month commitment or annual subscriptions with a 12-month commitment are then tacitly extended monthly for a successive period of 1 month.
- Quarterly subscriptions are then tacitly extended for a period of three (3) months.
The Customer may unsubscribe from the Service Box by sending a request to this effect to DAFC Paris by email, to the contact details mentioned in Article 2, or directly from their Account.
- The request to unsubscribe must be made no later than the last day of the month preceding the renewal of the Subscription within the limit of the opening of our customer service. Subject to this reservation, the unsubscription is effective from the end of the current Subscription period.
- The Customer will receive an email confirming their unsubscription as soon as possible. Unsubscribing does not result in the deletion of the Customer's Account, which may continue to make purchases on the Site and subscribe to any other Services.
Any Subscription period started is due in full.
The Client is reminded that according to:
- Article L215-1 of the Consumer Code "for service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he concluded with a tacit renewal clause. This information, provided in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, less the sums corresponding, up to that date, to the execution of the contract.
The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information.
- Article L215-3 of the Consumer Code: “the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.”
- Article 241-3 of the Consumer Code: “when the professional has not made the reimbursement under the conditions provided for in Article L215-1, the sums due are subject to interest at the legal rate”.
6.2.2 Duration of Formulas
The Formulas are subscribed for firm and irrevocable periods of 6 (six) months or 1 (one) year.
- For Customers who subscribed to a Plan before August 19, 2019: the Plan takes effect from the month following the date of subscription to the Box Service, which the Customer acknowledges and accepts. The Customer therefore acknowledges and accepts that any subscription between the 1st and the 31st of month N, takes effect on the 1st of month N+1. The Customer will therefore receive the first Box of the Plan after the 1st of month N+1.
- For Customers who subscribed to a Plan from August 19, 2019: the Plan takes effect from the month of the subscription date to the Box Service (month N), which the Customer acknowledges and accepts. The Customer will therefore receive the first Box of the Plan within three (3) to ten (10) working days following the subscription.
The Customer may not cancel a Plan under any circumstances. Any Plan purchased is due in full on the subscription date and will run until its end.
The end of the Plan does not result in the deletion of the Customer's Account, who can continue to make purchases on the Site and subscribe to any other Service.
6.2.3 Duration of Gift Boxes
The Gift Box is subscribed for a fixed period within the framework of which the beneficiary will receive the Box each month for a fixed period of three (3) months, six (6) months or one year, without tacit extension, for the duration indicated on the Box Service subscription form.
- For Customers who subscribed to a Gift Box before August 19, 2019: the Gift Box takes effect from the month following the activation date of the Gift Box by the recipient of said Gift Box. The Customer therefore acknowledges and accepts that any subscription between the 1st and the 31st of month N, will take effect on the 1st of month N+1. The recipient of the Gift Box will therefore receive the first Box after the 1st of month N+1.
- For Customers who have subscribed to a Gift Box from August 19, 2019: the Gift Box takes effect immediately upon activation by the recipient of said Gift Box. The recipient of the Gift Box will therefore receive the first Box within three (3) to ten (10) working days following activation of the Gift Box.
6.2.4 End of the Service Box at the initiative of DAFC Paris
DAFC Paris reserves the right to terminate the Box Service (Subscription and/or Package) at any time in the event of non-compliance by the Customer with these General Conditions.
DAFC Paris also reserves the right to stop offering the Service Box at any time. The Customer will be informed of the termination of the Service Box by any appropriate means at least thirty (30) days before the effective termination of the Service Box. If the Service Box is terminated during a Subscription or Plan, the Customer will be reimbursed pro rata for the number of months during which they will not receive the Service Box.
7. SALE OUT OF BOX
7.1. Placing an order
To place an order (hereinafter the “Order”), the Customer must select the Products of their choice and place them in their basket.
He can access the summary of his basket at any time as long as the Order is not definitively validated and can correct any errors in the elements entered.
7.2 Order Confirmation
At the end of his Order, the Customer receives an email confirmation of it which:
- Summarizes the elements of the Order and the expected delivery time,
- includes the General Conditions in force on the date of the latter.
The invoice corresponding to the Order is sent to the Customer by any useful means and in particular by email or by making it available in their Account.
The Customer must ensure that the contact details provided when placing an Order or updating their Account are correct and that they allow them to receive the Order confirmation email. If they do not receive this email, the Customer must contact DAFC Paris using the contact details mentioned in Article 2.
DAFC Paris recommends that the Customer retains the information contained in the Order confirmation.
The Order and its confirmation are considered received when the parties to whom they are addressed can have access to them.
7.3 Availability of Products
The Products displayed on the Site at a given time are in principle deemed to be available in stock at that same time, except for a time-limited offer as part of a particular operation expressly mentioned as such on the Product page.
This prior availability is checked after the Order has been accepted and paid. It is confirmed by sending the shipping email by DAFC Paris.
In the event of unavailability of one or more Products, DAFC Paris undertakes (i) either to offer the Customer a new delivery date for the Product(s) ordered, (ii) or to reimburse them by re-crediting the payment method used during the purchase, within 14 calendar days of payment of the Order.
8. PRICE
8.1 Prices displayed on the Site
The prices displayed on the Site are expressed in euros (€) and are understood to be public prices including all charges as they may be applicable in metropolitan France on the date of consultation of said offers. The VAT applied is that in force on the date of placing the Order. Specific taxes, other than VAT, applicable according to regulations (such as for example the furniture ecotax or the eco-tax participation), are only indicated on the shopping cart page.
All Product prices displayed on the Site exclude shipping costs or any other ancillary services. They only include the price of the Product itself.
DAFC Paris reserves the right to modify its prices at any time but undertakes to apply the prices displayed at the time the Order is placed, subject to availability of the Product on that date.
The Products remain the property of DAFC Paris until full payment of the price of the Products.
8.2. Price of the Service Box
8.2.1 Price of the Subscription, Formula and Gift Box
The price of the Service Box depends on the duration of the Subscription or the Plan or Gift Box chosen. It is indicated on the Site at the time of the Order. Unless otherwise stated, it is indicated in euros and includes all taxes and excludes delivery charges.
The Customer will be informed of the delivery costs depending on the delivery location before confirming the subscription to the Service Box.
Invoices corresponding to Subscriptions, Packages and Gift Boxes are sent to Customers by any useful means and in particular by email or by notification in the Account at the discretion of DAFC Paris.
The Customer benefits from various advantages during the duration of their subscription to the Service Box, which cannot be combined with any other current promotion, the terms and conditions of which are specified to them by email.
8.2.2 Revision of the Subscription price
The price of the Subscription may be revised by DAFC Paris at any time at its sole discretion.
The Client will be informed of these modifications by DAFC Paris by any useful written means (and in particular by email) at least one and a half months before the new prices come into effect.
Once the new prices have come into effect, they will apply when the Subscription is renewed. DAFC Paris reserves the right, at its discretion, to maintain the old prices for Customers who have already subscribed to a Subscription on the date the new prices come into effect.
The Customer who does not accept the new prices must cancel his Subscription in accordance with the terms set out in Article 11. Otherwise, he will be deemed to have accepted the new prices.
9. PAYMENT
9.1 Payment terms
Regardless of the payment method chosen from those accepted on our Site, Orders will only be deemed to have been registered after validation or receipt of payment.
9.1.1 Cash payment by Bank Card
Payment can be made by the following bank cards: Carte Bleue, VISA, MASTERCARD, AMERICAN EXPRESS and MAESTRO.
Online payment by credit card is completely secure and allows you to confidently enter your card number, expiration date, and security code in the designated areas. Credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank.
DAFC Paris uses a secure online payment solutions provider to manage payments on the Site. DAFC Paris has no access to these details and cannot store them on its servers.
9.1.2 Payment by Paypal
Payments by Paypal are accepted on the Site and are then made through Paypal and according to its own general conditions of sale and use of its services.
Choosing this payment method implies tacit acceptance of the general conditions of sale and use of Paypal.
The Customer is invited to refer to it, DAFC Paris cannot be held responsible for the conditions set by Paypal: General conditions of sale and use of Paypal
9.2 Payment for the Service Box
9.2.1 Formulas and Gift Boxes
Payment for Packages and Gift Boxes is made in a single payment upon subscription. Payment can be made using any secure online payment method offered by DAFC Paris.
9.2.2 Subscription
Payment for Subscriptions can only be made by direct debit.
The automatic debit of the Subscription price is made from the bank card number provided by the Customer.
- For Customers who subscribed to a Subscription before August 19, 2019: the direct debit is made on the date of subscription to the Subscription then between the 10th and the 30th of the month of renewal for successive periods.
- For Customers who subscribed to a Subscription after August 19, 2019: the direct debit is made on the date of subscription to the Subscription then between the 1st and the 30th of the month of renewal for successive periods.
The Customer undertakes to take all necessary measures to ensure that the automatic debit of the Service Box can be made.
This automatic collection of the Subscription price is carried out by the provider of secure online payment solutions, to which
DAFC Paris subcontracts the implementation of the payment and only keeps the Client's bank details for this purpose.
DAFC Paris does not retain any bank details. DAFC Paris reserves the right to suspend or cancel delivery of the Box and/or terminate the Customer's Subscription in the event of non-payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Box Service.
Penalties of an amount equal to three (3) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment, as well as a fixed compensation of forty (40) euros for recovery costs.
9.3 Payment for the Sale outside the Box
Payment of the Order
The price of the Products is payable when the Order is placed.
Payment can be made online, by credit card or by Paypal, through the secure online payment service freely chosen by DAFC Paris and indicated on the Site at the time of the Order.
The Customer guarantees to DAFC Paris that he has the necessary authorizations to use the chosen payment method.
DAFC Paris reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to three (3) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment, as well as a fixed compensation of forty (40) euros for recovery costs.
9.4 Fight against fraud
DAFC Paris reserves the right to check the validity of the payment, before dispatching the Order, by any means it deems necessary (in particular identity documents, proof of address, etc.).
10. PROHIBITED CONDUCT
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Service, (ii) any intrusions or attempted intrusions into DAFC Paris' systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to harm the financial, commercial or moral rights and interests of DAFC Paris or the Customers of its Site and finally, more generally, (vii) any breach of these General Conditions.
In the event of a breach of any of the provisions of this paragraph or, more generally, of breaches of laws and regulations, DAFC Paris reserves the right to take all appropriate measures and to initiate any legal action.
11. DELIVERY
11.1 Order preparation times
DAFC Paris reserves the right to subcontract all or part of the preparation and dispatch of the Order to a third party mandated to carry out this service.
As all Products are deemed available in stock, Orders are prepared within 48 working hours from the first working day following receipt by DAFC Paris of payment for the Order. Orders placed on a Saturday, Sunday or public holiday will be processed on the next working day.
All deadlines mentioned on the Site are understood to be clear deadlines.
The ordered Product is delivered to the address provided on the Account and recorded as the “delivery” address.
In the event of an input error, including an incorrect or incomplete delivery address, DAFC Paris cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of Products following an input error by the Customer will be the sole responsibility of the latter.
11.2 Delivery times for orders
DAFC Paris reserves the right to choose the most appropriate mode of transport depending on the nature of the Product, its weight and its volume, which the Customer declares to have read and accepted.
For the sending of Products within the framework of the Sale outside the Box, DAFC Paris will make its best efforts to respect deadlines between one (1) and three (3) working days for express shipments and between three (3) and ten (10) working days for standard shipments (depending on the Customer's choice of delivery method).
When renewing the Service Box, delivery times are around thirty (30) working days from the renewal of the Service Box.
Delivery times cannot be guaranteed in the event of force majeure, as defined by law and case law. Delivery times do not take into account any Customer payment control procedures that may delay the shipment of their Order.
The expected delivery date is indicated in the Order and on each of our Product sheets. This delivery time is an average time corresponding to the service used for delivery in Metropolitan France. In the event of absence, the Customer will be responsible for collecting the Product from the relevant services.
11.3 Delivery tracking
The Customer can track their Order at any time using the order number provided in the Order confirmation email, in their “My Account” area on the Site.
11.4 Delivery areas
Delivery is made worldwide unless otherwise indicated or special conditions for certain countries indicated by DAFC Paris at the time of confirmation of the Order.
11.5 Special delivery terms
When a product is accepted for postal delivery, the Customer will be free to choose between collection from a Collection Point available only in mainland France or delivery to their home.
Following validation of these transport methods and before payment of the Order, the Customer will have access to a summary of the Order by transport method, to which the Products in question are eligible and according to the option chosen by the Customer when it was offered to him. The cost of the transport methods assigned or chosen will then be displayed before payment of the Order.
When the Order has been duly prepared and is ready for dispatch, the Customer will receive an email relating to the dispatch of each part of his Order by the agreed mode of transport.
⇒ Delivery to Collection Point :
DAFC Paris offers the Customer who has chosen the "Collection Point" option, only for mainland France, the names and addresses of professionals offering these services closest to the chosen delivery location. The Customer will be able to consult the opening hours and days of the chosen Collection Point.
Upon receipt of the Order at the Relay Point, the Customer has fourteen (14) calendar days to collect their packages. Otherwise, the Order will be reshipped to DAFC Paris, which will then follow up with the Customer by email to resend their Order at their expense. If the Customer does not respond within seven (7) days of sending this reminder email, DAFC Paris will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for exercising the right of withdrawal.
⇒ > Delivery by carrier :
DAFC Paris uses the carriers of its choice to ensure delivery of packages as quickly as possible. The delivery conditions and procedures for receiving packages are specific to each carrier. In principle, in the event of absence and inability to drop off the package at the Customer's premises, the Customer will receive a delivery notice. They will then have 14 calendar days to collect their package from the post office indicated on the notice. Otherwise, the Order will be reshipped to DAFC Paris, which will then follow up with the Customer by email to resend their Order at their expense. If the Customer does not respond within 7 days of sending this reminder email, DAFC Paris will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for exercising the right of withdrawal.
11.6 Delivery rates
11.6.1 General rates
Transport invoicing follows a calculation rule taking into account the destination on the one hand and the weight of the package on the other.
The prices indicated are all in euros (€) including all taxes and charges, including the VAT rate in effect on the day of delivery.
The amount of the fees is automatically calculated as soon as a product is added to the cart based on delivery within mainland France. The Customer can freely consult the billing and the carrier associated with their products.
The final calculation of shipping costs for other destinations is carried out once the postal code has been entered in the delivery address and before the Customer confirms their Order.
Specific offers for free shipping are only valid for standard shipping in mainland France, unless expressly stated otherwise.
11.6.2. Box Specificity
DAFC Paris ensures delivery of the Box and/or Products in mainland France via the parcel delivery service provider of its choice (hereinafter the “Carrier”). DAFC Paris is free to offer one or more delivery options before validation of the Subscription, Plan or Order.
Deliveries of the Products are made to the address indicated when the Customer places the Order or subscribes to the Service Box.
The Box for the current month is delivered no later than the 25th of the current month. Delivery of the Products takes place on the indicative date communicated by
DAFC Paris at the time of the Order. The Customer acknowledges and accepts that these are merely indicative delivery times.
When the Customer is a professional, he acknowledges and accepts that the transfer of ownership of the Box occurs upon delivery of the Box to the Carrier. DAFC Paris cannot be held liable under any circumstances for any loss of the Box and/or damage caused to the Box during transport. The Customer acknowledges and accepts that the Box travels at his own risk and that it is his responsibility, in the event of damage, loss or loss, to make any reservations or exercise any recourse against the Carrier.
When the Customer is a consumer within the meaning of the provisions of the Consumer Code, he is informed that in the event of failure by DAFC Paris to fulfill its obligation to deliver the goods on the date specified above, the Customer may initially request DAFC Paris to make the delivery within a reasonable time. Failing this, he may cancel the Order in writing, on any durable medium, and obtain a refund for his Order. DAFC Paris shall not be liable in the event that the failure to fulfill its obligation is due to the unforeseeable and insurmountable act of a third party.
12. ACCOUNT DELETION
The Customer may request the deletion of his Account at any time by sending a request to this effect to DAFC Paris at the contact details mentioned in article 2. He will receive an email confirming the deletion of his Account as soon as possible.
In the event that the Customer has subscribed to a Subscription or a Plan, the deletion of the Account will be effective from the date of termination of the Subscription or the end of the Plan.
13. RIGHT OF WITHDRAWAL
The Customer who has subscribed to a Subscription or a Plan has a period of fourteen working days from the date of receipt of their first Box to withdraw without having to provide reasons or pay penalties, with the exception of return costs which remain their responsibility and which they must pay. Exercising this right will automatically result in the termination of their Subscription or Plan.
In the context of Sales outside the Box, the Customer has a period of fourteen working days from the date of receipt of the Products ordered to withdraw without having to provide reasons or pay penalties, except for personalized products (engraved medals, bracelets and rings) and with the exception of return costs which remain his responsibility and which he must pay.
The Customer who wishes to exercise his right of withdrawal must send to DAFC Paris at the contact details mentioned in article 2 hereof, before the expiry of the period above, the withdrawal form attached to these General Conditions duly completed, or a declaration clearly expressing his wish to withdraw and including his Order number or the identification of his Subscription or his Formula.
The Box, or, in the case of a Sale outside of a Box, the Products, must be returned to DAFC Paris in their original packaging. They must be accompanied by a return slip downloadable from the Site via the Customer Account. The Customer is deemed responsible for any damage to the Box and/or the Products upon their return to DAFC Paris.
The Customer will be reimbursed as soon as possible and at the latest within fourteen days from the date of actual receipt by DAFC Paris of the withdrawal request, for the full amount paid for his Subscription, his Plan or his Order, less, where applicable, the return costs, which remain the responsibility of the Customer. DAFC Paris reserves the right, however, to defer this reimbursement until the Box and/or the Products have actually been recovered.
14. WARRANTIES
14.1 Legal guarantees
The non-professional Customer benefits from the legal guarantees of non-conformity as well as for hidden defects in the item sold in accordance with the legal provisions recalled below.
If the Customer finds that the Box or Product delivered to him/her has a defect, is non-compliant or is damaged, he/she can return it to DAFC Paris according to the terms described below.
The Customer must contact DAFC Paris customer service via our contact form, specifying the nature of the defect, non-conformity, or damage noted. DAFC Paris will then indicate whether or not it is necessary to return the Box or Product. If so, the Customer will reship the Box or Product and may obtain a refund of the return costs upon presentation of proof.
The Boxes and Products must be returned to DAFC Paris, in their original packaging, accompanied by the corresponding invoice and the return number provided by DAFC Paris.
Under these terms, the non-professional Customer is reminded that DAFC Paris is thus liable for defects in conformity of the Products under the conditions of article L.217-4 et seq. of the Consumer Code according to which "The seller delivers goods in conformity with the contract and is liable for 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 this has been placed under his responsibility by the contract or has been carried out under his responsibility."
The non-professional Customer is informed that according to article L.217-5 of the Consumer Code, “The goods comply with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
According to the terms of article L.217-12 of the Consumer Code, the non-professional Customer is informed that "the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Furthermore, Article L217-16 of the Consumer Code provides that "when the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."
DAFC Paris is also liable for hidden defects in the item sold under the conditions set out in Article 1641 of the Civil Code, according to which "the seller is liable for the warranty against hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
The non-professional Customer is informed that according to article 1648 al 1 of the Civil Code, "the action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect". If the non-professional Customer decides to implement the guarantee against hidden defects of the Product sold, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
It is recalled that, when acting under the legal guarantee of conformity, the Client:
- benefits from a period of two (2) years from delivery of the goods to act;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-4 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods;
- may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
DAFC Paris will carry out the necessary checks and will repair or replace the Box or the Product.
If repair or replacement of the Box or the Product is impossible, DAFC Paris reserves the right to send the Customer another Box or another Product of equivalent value.
14.2 After-sales service and commercial warranty
Apart from the legal guarantee, the Customer always has the possibility to contact DAFC Paris customer service to answer his questions relating to the use of the Products, maintenance procedures or the ordering of a part which has become defective. Unless otherwise indicated by DAFC Paris at the time of validation of the Order, the Customer benefits from a commercial guarantee of three (3) months on the Products (excluding Box). To benefit from this, the Customer must contact DAFC Paris customer service (via our contact form).
15. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content (texts, images, visuals, music, logos, brands, etc.) operated by DAFC Paris within the framework of its Site, as well as the Products presented therein are protected by all intellectual property rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of DAFC Paris, are strictly prohibited and may be subject to legal action.
The trademarks, logos, company names, acronyms, trade names, signs and/or domain names of the company DAFC Paris and/or the creators mentioned on the Site constitute distinctive signs that may not be used without the express prior authorization of their owner.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited.
16. RESPONSIBILITY
16.1 For all stages of access to the Site, the Order process, delivery, Customer service or subsequent services, DAFC Paris only supports an obligation of means. Consequently, DAFC Paris cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
Furthermore, DAFC Paris cannot be held liable in the event that the Order is not completed or if DAFC Paris is prevented from fulfilling any of its obligations due to a case of force majeure within the meaning of Article 1218 of the Civil Code and as interpreted by case law.
16.2 DAFC Paris reserves the right to temporarily interrupt access to its Site for maintenance reasons. DAFC Paris cannot be held responsible for temporary difficulties or impossibilities in accessing its Site which may be caused by circumstances beyond its control, force majeure, or due to disruptions in the telecommunications network.
16.3 DAFC Paris does not guarantee to the Customer that the Service Box, being standard and in no way offered solely to the Customer based on their personal constraints, will specifically meet their needs and expectations.
16.4 DAFC Paris strives to publish photographic representations on the Site that are as faithful as possible to the Products. However, given the digital presentation of the Products on the Site, it is possible that the Customer's perception of the photographic representation of the Products may not correspond exactly to the Product itself, which the Customer acknowledges and acknowledges.
16.5 The Products offered for Sale outside of Boxes are available as long as they are advertised on the Site and within the limits of available stocks. In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The amount of his Order will be recalculated and the Customer will be debited with the new amount, less the missing Products. If the Order is entirely unavailable, the Customer will be notified by email and will not be debited or refunded. In any event, DAFC Paris cannot be held responsible for any loss suffered by the Customer, nor liable for any damages.
17. PERSONAL AND BANKING DATA
The processing of the Client's personal data by DAFC Paris is governed by the "Charter relating to the protection of personal and banking data ". By using the Site and creating an Account, the Client accepts the processing of his or her personal data by DAFC Paris in accordance with the law and the provisions of the "Charter relating to the protection of personal and banking data ".
18. PARTIAL DISABILITY
In the event that one of the clauses of the General Conditions is declared null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with all the other provisions of these General Conditions.
19. DURATION
These General Terms and Conditions apply for the entire duration that the Customer's Account is online on the Site.
20. MODIFICATIONS
DAFC Paris reserves the right to modify these General Conditions at any time.
Customers will be informed of these changes by any useful means at least 1.5 months before they come into effect.
If the Customer has subscribed to a Subscription, the amended General Conditions will apply to it from its renewal following their entry into force. If the Customer does not accept the amended General Conditions, he must then cancel his Subscription before the entry into force of the amended General Conditions.
If the Customer benefits from a Formula or a Gift Box, the General Conditions in force on the day of his subscription to the Box Service remain applicable to him until the end of the Formula or Gift Box in question.
With regard to Sales outside the Box, the amended General Conditions apply to any Customer who places an Order after their entry into force.
When a Customer places an Order in addition to the Box Service, he is subject, for this Order only, to the General Conditions which he accepts when placing it.
21. ADVERTISING
DAFC Paris reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions that DAFC Paris will be the sole judge. More generally, the Customer declares to be informed that DAFC Paris may distribute any advertising and promotional content on the Site.
22. LINKS, THIRD-PARTY SITES
DAFC Paris cannot under any circumstances be held responsible for the technical availability of websites operated by third parties, including its potential partners, which the Client may access via the Site.
DAFC Paris assumes no responsibility for the content, advertising, products and/or services available on such third-party sites or offered by these third parties, which are reminded that they are governed by their own terms of use.
DAFC Paris is also not responsible for transactions between the Client and any advertiser, professional or merchant, to whom the Client is directed via the Site and may not under any circumstances be a party to any possible disputes with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which they are bound.
23. LANGUAGE
In the event of a translation of these General Conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.
24. PROOF
The computerized records, stored in the computer systems of DAFC Paris and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Parties.
25. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by French law.
In the event of a dispute over the interpretation and/or execution of these General Conditions, Article R631-3 of the Consumer Code provides that the consumer may refer the matter to either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the court of the place where he or she resided at the time of the conclusion of the contract or the occurrence of the harmful event.
When the Customer is an individual, he is informed that any dispute will be brought before the courts of the place where he resides or the place where the Product was to be delivered.
ENTRY INTO FORCE
Version of 06/08/2019
APPENDIX 1
MODEL – WITHDRAWAL FORM FOR PRODUCTS AND SERVICES
(Please complete and return this form if you wish to withdraw from the contract concluded with the Company regarding the Products and Services)
Care of:
The DAFC Paris company
Postal address: 5 rue Pierre Chausson - 75010 Paris
Email address: [to be completed]
I (*) hereby notify you (*) of my withdrawal from my Service or Product Order dated:
OR
Relating to the following Services or Products (provide any identifying information of the Services or Products here):
Client Name:
Customer Address:
Client Signature: (only if this form is notified on paper)
Date :
(*) Delete as appropriate.
WAIVER OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL FORM
WAIVER OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL
(article L.221-25 of the Consumer Code)
If you wish the Services to be performed and/or to begin to be performed before the end of the withdrawal period provided for in Article L.221-18 of the Consumer Code, you must waive your right of withdrawal. Please:
- check the box below
- complete this form
- send the form to the Company at the following address: 5 rue Pierre Chausson - 75010 Paris or via our contact form.
□ I wish the Services to be performed and/or to begin to be performed before the expiry of the withdrawal period from which I benefit under Article L.221-18 of the Consumer Code, and hereby expressly declare that I waive the exercise of the right of withdrawal from which I benefit under this article.
Date :
Client Name:
Customer Address:
Customer Signature:
(only if this form is notified on paper)
