Terms of Sales
These General Terms and Conditions of Sale are up to date as of October 15, 2021
2. APPLICATION AND OPPOSABILITY OF THE T&Cs
3. ORDERING PRODUCTS ON THE SITE
The company reserves the right to correct the content of the Site at any time.
3.1. The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.
3.2. The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the product(s) does not engage the responsibility of the company and does not affect the validity of the sale.
3.4. The summary of the Order presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price which is added to the price of the Product(s) of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
3.5. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The mention ''Order with payment obligation'' or an analogous formula devoid of any ambiguity appears next to the validation icon of the Order in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.6. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.
3.7. After the validation of his Order and in order to be able to proceed to the payment, the Customer enters the details to which he wishes to obtain delivery of the product(s) ordered, and of invoicing if they are different. The delivery process for the product(s) ordered is described in article 5 of these GCS.
3.8. The company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.
3.9. After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below.
4. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by bank card, except for special conditions of sale expressly accepted by the Customer and the company.
4.5. The Customer guarantees to the company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6 The company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5.1. The product(s) offered on the Site can be delivered to France as well as to any country in the world.
5.2. The company undertakes to deliver the product(s) within a period not exceeding 7 working days from the date of Order of an available product. This delivery time does not apply to pre-orders, custom products and company holidays.
5.3. The delivery time for pre-orders and personalized products will be indicated in the product description as well as in the order summary.
5.4. The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GCS.
5.5. The Customer must ensure that the information communicated referred to in article 3.7 of these GCS is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and the delivery, by sending, without delay, an email to the customer service email address (after-sales service). @darovia.com). Failing this, in the event of delay and/or delivery error, the Customer cannot in any case engage the responsibility of the company in the event of non-delivery, and the customer service of the company will contact the Customer for a second delivery. on client fee.
5.6. The company will not be responsible either if the non-receipt of the Products is due to the fact of a third party outside its intervention or in the event of theft.
5.7. In case of return of the Order due to the absence of the Customer, the company's customer service will contact the Customer for a second delivery at the Customer's expense.
5.8. The Customer may follow the delivery of his Order by contacting customer service, the number of which appears in article 6.2 of these GCS.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or for any complaint, the Customer must contact, in priority, the customer service of the company, in order to allow the latter to try to find a solution to the problem.
6.2. The company's customer service is accessible from 9 a.m. to 8 p.m. using the following contact details:
- Telephone: +33 6 72 84 53 84
- Email: email@example.com
- Mail: Darovia – Customer Service, 229 rue Saint Honoré 75001 Paris, France
7. LEGAL AND COMMERCIAL GUARANTEES
The non-compliant product will be replaced or repaired according to the cost methods provided for by the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
Thus the Customer:
(i) benefits from a period of two (2) years from the delivery of the product to act in default of conformity of the Product
(ii) is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the product,
(iii) can choose between repairing or replacing the product, subject to the cost conditions provided for in article L. 217-9 of the consumer code.
In addition, the Customer may also implement the legal guarantee against hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects in the purchased product which prevent its use or affect it to such an extent that the Customer would not have bought it.
The Customer then has the choice between two options: keep the product and request a price reduction, or return the product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code : '' The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility .
Art. L217-5 of the Consumer Code : '' The good complies with the contract: 1° If it is specific to the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents 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 seller's attention and which the latter has accepted. ''
Art. L217-7 of the Consumer Code : '' Conformity defects that appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity . ''
Art. L217-8 of the Consumer Code : '' The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him . ''
Art. L217-9 of the Consumer Code : '' In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. ''
Art. L217-10 of the Consumer Code : '' If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. The rescission of the sale cannot however be pronounced if the lack of conformity is minor . ''
Art. L217-11 of the Consumer Code : '' The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. ''
Art. L217-12 of the Consumer Code : '' The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods . ''
Art. L217-13 of the Consumer Code : '' The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law . ''
Art. 1641 of the Civil Code : '' The seller is bound by the guarantee on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them. ''
Art.1642 of the Civil Code : '' The seller is not liable for apparent defects of which the buyer has been able to convince himself. ''
Art. 1643 of the Civil Code : '' He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. ' '
Art. 1644 of the Civil Code : '' In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. ''
Art. 1646 of the Civil Code : '' If the seller was unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale . ''
Art. 1648 of the Civil Code : '' The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) ''
If a Customer believes that he has received a product that he considers to be defective or non-compliant, he must contact the company as soon as possible after receipt of the Order, at the following email address: sav@darovia . com , or by registered mail with acknowledgment of receipt to the following address: Darovia – Customer Service, 229 rue Saint-Honoré 75001 Paris , specifying the defect or non-compliance in question.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will proceed to the replacement of the product whose company would have had to note the lack of conformity, or the defect.
In the event that the exchange of the product is impossible, the company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the proposal of the company by crediting the Customer's bank account, the Customer being able to opt for another method of reimbursement than that proposed.
8. CUSTOMER OBLIGATIONS
8.1. The Customer agrees to comply with the terms of these T&Cs.
8.2. The Customer undertakes to use the Site in accordance with the instructions of the company.
8.3. The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
- To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
- Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the company and/or to resell or attempt to resell the products to third parties.
- To disparage the Site and/or the products as well as the company on social networks and any other means of communication.
9. RIGHT OF WITHDRAWAL
9.1. In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the company, without having to give reasons or pay a penalty.
9.2. All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;
13° Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
9.3. To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of the withdrawal form proposed in the appendix hereto or by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the company by any means, in particular by sending it by post to the company at the following address: Darovia – Service client, 229 rue Saint-Honoré 75001 Paris, France or by email to sav @darovia.com .
9.4. In the event of notification to the company by the Customer of his decision to withdraw, whatever the means used, the company will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
9.5. The Customer must return the product(s) in the same condition as that in which he received them, and with all the packaging elements, accessories and instructions (even if the ( s) product(s) has or have been unpacked, as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, at the following address: 229 rue Saint-Honoré 75001 Paris, France. In accordance with the law, the Customer bears the cost of returning the product(s).
9.6. In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has or have been the subject of the right of withdrawal is made by the company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the company is informed of the Customer's decision to withdraw from his Order.
9.7. In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is only engaged with regard to the company for a depreciation of the product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
10.1. The company implements all the appropriate measures to ensure the Customer the supply, under optimal conditions, of quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the company were to be engaged, it could in no case agree to compensate the Customer for consequential damages or whose existence and/or quantum would not be established by evidence.
10.2. The company cannot be held liable for damage caused by misuse of one of its products or by non-compliance with the precautions for use and the conditions of hygiene, storage and safety when using a of its Products/Services.
10.3. The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.4. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by the company, of these sites and these elements nor of their contents.
10.5. The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the product(s) and other information disseminated on these websites.
10.6. It is expressly stipulated that the company can in no way be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary statement of the Order or the e-mail for tracking shipment.
10.7. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. The Customer may not harm or hinder the company's information system either. Failing this, the company may take any measure against it and in particular incur criminal liability under articles 323-1 and following of the Criminal Code.
12. INTELLECTUAL PROPERTY AND PERSONAL DATA
12.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved for the whole world.
12.2. The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
12.3. No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
12.4.The company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
12.5. Any use by the Customer of the corporate names, trademarks and distinct signs belonging to the company is strictly prohibited except with the express prior consent of the company.
12.6. The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. data likely to identify you directly or indirectly as a person.
12.7. As part of the order, the company is intended to collect the Customer's personal data. The company is committed to protecting the personal data of customers.
12.8. The files containing the personal data necessary for the order are in particular kept on the servers of the host of the Site. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The company does not communicate or trade in the personal data of customers.
12.9 At the stage of the order on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place the orders.
12.10 The purpose of the personal data collected by the company is to enable the fulfillment of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
12.11. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as ''Informatique et Libertés'', and the general data protection regulations ( GDPR), subject to proving your identity, any Customer, regardless of nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to oppose the processing of personal data concerning him.
12.12. For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer. data protection, who can be contacted at the following address: firstname.lastname@example.org
12.13. In any case, any Customer has the right to make any complaint to the CNIL.
13.1. By ticking the box provided for this purpose or by expressly agreeing to this end, the Customer accepts that the company may send him, at a frequency and in a form determined by it, a newsletter (newsletter) which may contain information relating to its activity.
13.2. When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for Products similar to those ordered.
13.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
14. LIST OF OPPOSITION TO TELEPHONE SOLICITATION
The Customer has the possibility of registering free of charge on a list of opposition to BLOCTEL telephone canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom he has no contractual relationship in course, in accordance with the law n°2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility of registering for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php .
15. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
15.1. These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
15.2. In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GCS, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.
15.3. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company adheres to the Medycis e-commerce Mediator Service whose contact details are as follows: 73 Boulevard de Clichy, 75009 Paris, France – www.medicys.fr
You can use the mediation service for consumer disputes related to an order made on the internet.
To find out how to refer to the Mediator: www.darovia.com/saisir-mon-mediateur
15.4. Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
15.5. The Customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec .europa.eu/odr/ .
15.6. In the event of failure of this mediation procedure or if the Client wishes to take legal action, the rules of the Code of Civil Procedure will apply.
Darovia 229 rue Saint-Honore, 75001 Paris, France
+33 6 72 84 53 84
I hereby notify you of my withdrawal from the contract relating to the sale of the product(s)/service(s) mentioned below:
Order number :
Client name :
Client's signature :