I – General & Definitions :
These general conditions of sale apply exclusively between DA/DA Diane Ducasse in the form of a Simplified Unipersonal Joint Stock Company registered with RCS Paris under the number 818 193 740, with a capital of 30,000 euros, established at 10 rue Mayet, 75006 Paris – France (hereafter “the COMPANY”) and any person visiting or making a purchase via the WWW.DADAPARIS.COM site (hereafter “the CUSTOMER”). Any internet user can read the General Terms and Conditions of Sale on the WWW.DADAPARIS.COM website (hereafter “the SITE”).
For the application of these General Terms and Conditions of Sale, it is agreed that DA/DA Diane Ducasse and the Customer shall be referred to together as the “Parties” and individually as the “Party“. Once the order has been validated, the Customer becomes “Purchaser“.
DA/DA Diane Ducasse reserves the right to modify at any time the terms of these general terms and conditions. It is therefore recommended that the Customer regularly refers to the latest version of the General Terms and Conditions of SALE, which is permanently available on the Website. However, the applicable General Terms and Conditions of Sale are those in force on the date of placing of the Customer’s order.
Unless proven otherwise, the data recorded on the Website is a proof of all transactions between DA/DA Diane Ducasse and the Customer.
The fact that DA/DA Diane Ducasse does not at any time uses any of the clauses of the General Terms and Conditions of Sale shall in no case be interpreted as a waiver by DA/DA Diane Ducasse of its right to invoke any of these clauses at a later date.
II – Object :
The present general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the articles offered on the Website. They apply to the exclusion of all other documents.
III – Special conditions of sale :
The Customer acknowledges having read, at the time of placing his or her order, the special conditions of sale displayed on the screen (name, price, components, weight, quantity, particularities of the products, cost of home delivery), and expressly declares that he or she accepts them without reservation. The placing of the order and its confirmation by the Customer materialize its full and complete acceptance of the special conditions of sale, only applicable to the order.
IV – Products :
The products offered for sale are those described on the Website on the day the Customer consults the Website. The offers of products and prices are valid within the limits of available stocks.
These products are those listed on the day of the consultation by the user. When the product is unavailable, it will be displayed on the website, otherwise, in case of error, DA/DA Diane Ducasse undertakes to notify the customer by e-mail as soon as possible. If the product has already been paid for, DA/DA Diane Ducasse undertakes to reimburse the customer for the price of the item. The products offered for sale are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, DA/DA Diane Ducasse shall not be held liable. Photographs and texts illustrating the products do not enter into the contractual field.
V – Price :
Prices are indicated in Euro. They take into account the French VAT, applicable on the day of the order. If the VAT rate were to change, these changes would be reflected in the price of the items. DA/DA Diane Ducasse reserves the right to modify its prices at any time. The products remain the property of DA/DA Diane Ducasse until the full payment of the price.
VI – Provision of orders :
The articles available on the website www.dadapris.com can be delivered in France, in all European Union countries and outside the EU. The amount depends on the country of delivery and the chosen mode of transport. The delivery time starts to run once the order has been fully paid for. The Purchaser must check the conformity of the delivered goods at the time of delivery. Any anomaly concerning the article ordered must be indicated immediately upon delivery and within the shortest possible time (48 hours). Any error or modification made by the Purchaser in a current delivery order, whatever it may be, which leads to an extension of the delivery period provided for in accordance with the terms and conditions defined by www.dadapris.com and which results in any additional costs shall be borne by the Purchaser.
Delivery times are given only as an indication, if they exceed thirty days from the date of order, except in non-EU countries and during sales periods, the contract of sale may be cancelled and the Purchaser reimbursed.
The Purchaser who notices defective and/or non-compliant products must report them within 48 hours by sending an email to : [email protected]
All events of any nature whatsoever that are beyond the control of DA/DA Diane Ducasse, such as force majeure, damage, strike, administrative decision or transport stoppage, which would delay, prevent or exorbitantly increase the execution of the delivery, constitute, by express agreement, a cause for suspension or termination of the obligations of DA/DA Diane Ducasse, without any indemnity for the Customer. The Purchaser shall be informed of this situation by any means (e-mail, telephone, mail,…) as soon as possible.
VII – Customs :
Any order placed on the site and delivered outside France may be subject to possible taxes and customs duties which are imposed when the parcel arrives at its destination. These customs duties and any taxes related to the delivery of an item are payable by the customer and are his responsibility. DA/DA Diane Ducasse is not obliged to verify and inform its customers of the applicable customs duties and taxes. In order to know them, it is the member’s responsibility to obtain information from the competent authorities of his country. Disputes / Applicable law: These terms and conditions are the translation of a French version and in case of discrepancy, the French version shall take precedence. This contract is subject to French law. And in case of dispute with a customer, the French courts will be the only competent courts.
VIII – Payment :
The price invoiced to the Purchaser is the price indicated on the order confirmation sent by DA/DA Diane Ducasse. The payment of the articles ordered on the DA/DA Diane Ducasse company’s website is done by credit card (French carte bleue, Visa, and Mastercard are accepted) or PAYPAL. DA/DA Diane Ducasse shall keep ownership of the goods until full payment of the price by the Purchaser.
If the price displayed for an item is incorrect, DA/DA Diane Ducasse undertakes to inform the Purchaser as soon as possible and to give him or her the possibility either to confirm his or her order or to cancel it. Prices are indicated in euros, inclusive of all taxes for the countries of the European Union.
The value added tax is the one in force in France.
Prices are indicated excluding delivery costs. The shipping costs are charged to the Customer (except deliveries in France on orders above 300€) and are indicated in euros all taxes included at the time of placing the order (once the Customer has validated the country of delivery). Shipping costs vary according to the geographical area of delivery. The prices for products delivered outside France are indicated excluding customs duties (Taxes and/or customs duty) and are charged to the Customer as stipulated in Article VII – Customs. DA/DA Diane Ducasse is not obliged to check and/or inform the Client of the applicable customs duties and taxes; it is the Customer’s responsibility to check with the competent authorities of his or her country.
IX – Withdrawal period :
In accordance with article L 221-18 of the French Consumer code (Code de consummation), the Purchaser has a maximal withdrawal period of 14 (fourteen) clear days from the receipt of the article (s) ordered, to return the product (s) to DA/DA Diane Ducasse for reimbursement, without penalty.
The Buyer must notify its decision to withdraw by sending an email to the following address : [email protected]
The Customer must return the product (s) at its own expense in its original packaging (s) and in perfect condition. The package will then be subject to verification before being able to refund. The transport of returned product (s) is the responsibility of the Customer.
In the event of exercising the right of withdrawal, DA/DA Diane Ducasse is obliged to reimburse the products returned by the Purchaser, excluding delivery costs. The refund is due within a maximum of 30 days.
DA/DA Diane Ducasse shall proceed to the refund using the same means of payment as the one used by the Purchaser for the initial transaction.
X – Warranty :
The Customer benefits from the legal guarantee of conformity and the guarantee of latent defects (vices caches) on the products sold and the guarantee “satisfied or reimbursed” as soon as the usage has been normal and the maintenance advices have been followed.
- 1 – the legal guarantee of conformity :
This guarantee is provided for in articles L217-4 and following of the French Consumer code.
When the Customer uses the legal guarantee of conformity, he/she shall:
- benefit of two years from the delivery of the good to act;
- choose between replacement or repair of the property, subject to the following conditions provided by article L217-9 of the French Consumer code;
The Purchaser may decide to implement the guarantee of latent defects of the item sold in accordance with the provisions of article 1641 of the French Civil code (code civil). In this case, the Customer may choose between rescinding the sale or a reduction of the selling price in accordance with article 1644 of the French Civil code.
Article L211-4 of the French Consumer code : The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery .He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L217-5 of the French Consumer code :
To conform to the contract, the product must :
- Be suitable for the purpose usually associated with such a product and, if applicable :
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model ;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling ;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-7 of the French Consumer code : In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.
Article L217-9 of the French Consumer code : In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.
The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.
Article L217-10 of the French Consumer code : If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option :
- If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim ;
- Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
Article L217-12 of the French Consumer code : Action resulting from lack of conformity lapses two years after delivery of the product..
Article L217-13 of the French Consumer code : The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law.
The Member can 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 can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.
- 2 – the guarantee of latent defects :
This guarantee is provided for in articles 1641 and following of the French Civil code. Within the framework of this guarantee, DA/DA Diane Ducasse, according to the choice of the Customer, after evaluation of the defect, may decide either to refund the totality of the price of the returned product, or to refund a part of the price of the product if the Purchaser decides to keep it.
Article 1641 of the French Civil code : The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1645 of the French Civil code : If the seller was aware of the vices in the thing, he is bound not only to return the price he received but also all damages the buyer has suffered..
Article 1646 of the French Civil code : If the seller did not know of the vices in the thing, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale.
Article 1648 paragraph 1 of the French Civil code : An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
XI – Resolution clause :
If the customer fails to pay the sums due by the customer, DA/DA Diane Ducasse may suspend the validity of the customer’s identification number as of right and immediately.
XII – Consumer Information Service :
For any difficulty, the customer can address :
- An email to [email protected]
A letter to DA/DA Diane Ducasse at the following address : 10 rue Mayet 75006 Paris
XIII – Personal data :
DA/DA Diane Ducasse endeavors to protect the privacy of its Customer by complying with the regulations in force. In this respect, DA/DA Diane Ducasse’s personal data files are declared to the French administrative entity called Commission Nationale Informatique et Libertés in accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and liberties (loi relative à l’Informatique, aux Fichiers et aux Libertés). The Customer has the right to access, rectify or oppose the data collected, which can be corrected in the “account creation” section or by mail to the company. The Customer may receive commercial offers by e-mail, unless he formally opposes it by checking the corresponding box in the “account creation” section.
XIV – Intellectual Property :
By connecting to the DA/DA Diane Ducasse website, the Customer is forbidden to copy, reproduce or download all or part of its content, except with the prior and express permission of DA/DA Diane Ducasse.
XV – Rules of usage on the Internet :
DA/DA Diane Ducasse undertakes to make its best efforts to secure access, consultation and use of the Website in accordance with the rules of Internet usage.
The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond our company’s control and subject to any breakdowns and maintenance necessary for the proper functioning of the Website.
Maintenance work can be carried out without prior notice to the Customers.
The Customer declares that it accepts the characteristics and limitations of the Internet, and in particular its technical performance, response times for consulting, querying or transferring data and the risks related to communications security.
In this respect, the Customer acknowledges that :
- its use of the Website is at its own risk and peril; the Website is accessible to it “as is” and subject to its availability ;
- any material that the Customer has downloaded or otherwise obtained while using the Website, is done so at its own risk and peril ;
- the Customer is solely responsible for any damage suffered by his computer or any loss of data as a result of downloading this material or consulting the Website ;
- it is therefore its responsibility to take all appropriate measures in order to protect its own data and/or software from contamination by any viruses circulating through the Website ;
- no advice or information, whether oral or written, obtained from our company or during the use of the Website are likely to create guarantees not expressly provided by the General Terms and Conditions of Sale ;
- the Customer is solely responsible for the use he/she makes of the Website;
- the communication of its access Codes or, in general, any information deemed confidential is done under its own responsibility ;
- it is the Customer’s responsibility to take all necessary measures to ensure that the technical characteristics of his equipment allow him or her to consult the Website.
XVI – Force majeure :
Neither the Customer nor DA/DA Diane Ducasse shall be held liable to each other for non-performance nor delay in the performance of an obligation contained in the General Terms and Conditions, resulting from a force majeure event, as identified by the French jurisprudence.
A force majeure event shall suspend the obligations under the General Terms and Conditions of Sale during its activity.
XVII – Applicable law :
The interpretation and execution of these general terms and conditions of sale, as well as all acts which may follow or result from them, will be subject to French law and this, regardless of the place of delivery of the products, the place where the order is placed, the nationality of the consumer and his o her address.
Any litigation resulting from the present and/or any order that will be drawn up to the company and/or any sale carried out by DA/DA Diane Ducasse will be subject to the competence of the French courts.