GENERAL TERMS AND CONDITIONS
PREAMBLE
The General Terms and Conditions set out herein are applicable to legal operations in connection with products commercialized by to its clients on ‘du cote du design’ virtual boutique.
DEFINITIONS :
The following words or expressions shall have the following meaning in the context hereof:
Internet Boutique: shall designate ‘s Internet site on which the Products are presented and sold to clients.
Sales Order: shall designate the sales contract concluded between and the client of ‘s Internet Boutique.
Product Index Card: shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
Products: shall designate all goods and services sold by on ‘s Internet Boutique.
Service: shall designate the selling of Products by to clients of ‘s Internet Boutique.
Transaction: shall designate all operations, secure processing, authorizations and agreements pertaining to payment of the price of Products ordered by credit card.
ARTICLE 1 – PURPOSE
The purpose of the General Terms contained herein is to define the terms and conditions according to which offers and sells Products to its clients.
These General Terms and Conditions of Sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing in advance.
ARTICLE 2 – ACCEPTANCE OF CONDITIONS
At the time the Sales Order is placed, the Client acknowledges having read and understood these General Terms and Conditions of Sale and expressly declares that he/she accepts them in full.
The present General Terms and Conditions of Sale govern the contractual relationship between du cote du design and its client, and are accepted unreservedly by both parties.
ARTICLE 3 – PRODUCTS
The majority of products offered by du cote du design to its customers are immediately available.
However, all products marketed by du cote du design may or may not be sold online.
ARTICLE 4 – ORDERING
The automatic registration systems are considered as proof of the nature, content and date of the Order.
du cote du design will confirm the acceptation of the Sales Order by sending a confirmation message to the client’s e-mail address. The sale will only be completed once the Sales Order confirmation has been sent.
du cote du design reserves the right to refuse or cancel any Sales Order placed by its client, notably in the case of total or partial insolvency of the client, or in the event of non-payment of the Sales Order in question, or in the event of a dispute concerning payment of a previous Sales Order.
The client is exclusively responsible for any information that he or she provides when making the Sales Order. du cote du design shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).
ARTICLE 5 – DELIVERY
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, will ship the Product(s), under responsibility, to the client or recipients address within workdays (except in case of severe weather conditions).
All Products set out in the Sales Order transmitted to are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If necessary, the client will ensure that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of goods; it being understood that shall in no way be held responsible for making said payments.
Customers or recipients of Products are prohibited from reselling all or part of the Products.
Delivery will be made by La Poste or dpd at our convenience.
Our delivery rates are available by clicking on “delivery” in the left-hand column of our site.
In the event of a delay in delivery exceeding seven (7) days, the Customer may, if he/she so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days of the delivery date initially stipulated in the contract.
On receipt of the Products ordered, the customer or recipient must check that the goods delivered are in good working order, and must familiarise themselves with the conditions of use set out in the instructions supplied.
In the event that one or more of the Products ordered are missing or damaged, the customer or recipient must make any necessary reservations with the carrier at the time of delivery.
In the event of apparent defects, the customer has the right to return the Product(s) in accordance with the conditions set out in the instructions for use.
Due to the availability of the Products ordered, an Order may be subject to successive deliveries to the Customer.
Should the client require delivery of the Products ordered to two different addresses, it will be necessary for the client to place 2 separate Sales Orders.
ARTICLE 6 – RETRACTION
The client disposes of days following the receipt of the Products to return said Products to for exchange or reimbursement. In this case, the client will have to return the Products in new and undamaged condition, with all accessories, instruction manuals and literature to the following address:
du cote du design 71 chemin du cimetiere 30900 Nimes
In the event that the right of retraction is exercised, du cote du design undertakes to reimburse the sums paid by the client, free of charge, with the exception of the cost of returning the Products.
The refund is due within a maximum of 14 days.
ARTICLE 7 – PRICES
The price is expressed in euros.
The price indicated on the Product Sheets does not include transport costs.
The price indicated in the Order Confirmation is the final price, inclusive of all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and storing the Products, and the costs of transport and commissioning.
ARTICLE 8 – PAYMENT
The price invoiced to the Client is the price indicated on the Sales Order confirmation sent by .
The price of the Products is payable in cash using one of the methods of payment available on the Site on the day the Sales Order is placed.
The Sales Order validated by the Client will only be considered effective once the secure bank payment centre has given its agreement to the transaction and, where applicable, once the insurer has accepted responsibility for the risk.
ARTICLE 9 – APPLICABLE LAW
These general terms and conditions of sale are governed by French law.
ARTICLE 10 – LIABILITY
shall not be held liable for bodily or material damages incurred to any third party resulting from improper functioning or use of the Products.
The liability of du cote du design shall in any event be limited to the value of the Products ordered. In the event of difficulties in applying this contract, the customer and du cote du design reserve the right, prior to any legal action, to seek an amicable solution.
Failing this, for professional customers, the Commercial Court of NIMES has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 – GUARANTEE
In all cases, du cote du design cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception. The liability of the shall be systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.
The customer may contact customer service by telephone at 06.09.71.21.84 or by email at ducotedu.design@gmail.com.
Response time: 48 hours.
ARTICLE 12 – LEGAL INFORMATION
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and routing of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of personal data relating to customers has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL).
The client has the right to access, modify, rectify or cancel any information concerning him/her (article 34 of the French law of January 6, 1978), and may exercise this right by contacting Store-Factory. Moreover, du cote du design shall refrain from releasing any information on its client to third parties, whether free of charge or in exchange of payment.
article 13 products bis
The Products offered for sale by DU COTE DU DESIGN are mostly old second-hand Products, i.e. used Products, already in use.