ARTICLE 1 – SCOPE OF APPLICATION OF THE GCS AND PURPOSE
These General Conditions of Sale (or “GCS”) apply, without restriction or reservation to all sales concluded by Libella SAS, with company capital of 5 000 000 euros, registered with RCS419519954 in Paris, whose registered office is a 7, rue des Canettes, 75006 Paris, VAT N° FR06419519954, represented by its legal representative, duly authorized for the purposes hereof (“the Seller”) to subject non-professional buyers (“the Customers” or “the Customer” or “the Buyer” or ” the Buyers “), wishing to acquire the products offered for sale by the Seller (” the Products “) on the site “delpireandco.com ” (” the Site”). The Site is an electronic commerce platform, which allows Internet users to purchase products as defined below. The GCS specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. The Site and the Products are intended exclusively for individuals and are not intended for professionals and are therefore subject to Articles L. 111-1 and follow the Consumer Code. Acceptance of the GCS takes place as soon as the validation of the Order is finalized by the “double click” process as described in article 4.2 of the GCS. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. These GCS and the Order summary sent to the Customer form a contractual whole resuming the entirety of the agreements entered into between the parties. By the mere fact of validating his Order, the Buyer declares having read, understood and accepted without reservation the terms of the said Order as well as the entirety of these GCS.
ARTICLE 2 – PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the Seller’s site and accompanied by a description containing the essential characteristics of the Product concerned.
2.2. The Products offered by the Seller comply with the standards applicable in France. Items such as photographs, texts, graphics as well as all the information and characteristics illustrating and / or accompanying the Products are not contractual, which the Customer acknowledges.
ARTICLE 3 – ORDER
3.1 Placing the order
Orders are placed in French or English, in € (Euros). Any Order may be placed by the Buyer directly on the Site and entails the obligation of payment. For any Order, the Purchaser bears the cost of telecommunications when accessing the Internet and using the Site. All the steps necessary for the Order are indicated on the Site. When ordering, the Buyer agrees to provide the information requested in the form and agrees to the veracity of the latter. In the event of prolonged inactivity during connection, the selection of Products chosen before this inactivity may no longer be guaranteed. The Buyer will be invited to resume his selection of Products from the start. Pursuant to the provisions of the new article 1127-1 of the Civil Code, the Purchaser will have the possibility, before definitively validating his Order, to return to the previous pages and to correct and modify his Order and the information provided beforehand before confirming this to express his acceptance. The Seller cannot be held responsible for any input errors by the Buyer in the order form. The Purchaser must ensure that they have communicated exact and complete information concerning the delivery address (street, building, staircase number, access codes, names and / or intercom numbers, etc.) . Any reshipment caused by a lack of precision in the delivery address will be the responsibility of the Buyer.
3.2 Confirmation of the Order
Confirmation of the Order is carried out in accordance with the provisions of the Consumer Code using the “double click” process. The “double click” process consists of: – a first click to place the Product in the basket; – a second click to validate the basket after having been enabled to check the contents of the Order and to modify, if necessary, the contents of the basket and the information relating to the payment and delivery of the Order. It is specified that the validation of the Order obliges the Buyer to pay immediately for his Order. Once the Order has been validated by the Buyer by his “double click”, an e-mail acknowledging receipt of the Order and containing all of this information will then be sent to the Buyer as soon as possible. The Buyer must, therefore, provide a valid e-mail address when filling in the fields relating to his identity. Any Order validated by the Purchaser through the “double click” process constitutes an irrevocable acceptance which can only be called into question within the limits provided for in these GCS. In particular, any Order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale. The Seller reserves the right to suspend or cancel any execution of an Order and / or delivery, whatever its nature and level of execution, in the event of default of payment or partial payment of any sum that would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including during previous Orders.
Certain Products may be offered for Pre-Order on the Site before their official release date. The Customer can place a Pre-Order, it being specified that he acknowledges having read the indication of the release date announced at the time of the opening of the Pre-Order phase. Being solely responsible for the marketing of the Products, the Seller reserves the right to modify this release date at any time. In the event that certain Products are pre-ordered on the Site, the Pre-Order will be paid for as a standard order, regardless of the rest of the basket, which may contain other items on a standard order. Only the delivery is deferred to the announced release date. Delivery of the Product will be effective a few days after the official release date.
ARTICLE 4 – PRICE, AVAILABILITY AND TERMS OF PAYMENT
4.1 The prices displayed on the Site are indicated in € (Euros) all French taxes included (French VAT and other applicable taxes), excluding shipping costs. The shipping costs will be indicated in the Buyer’s basket, before the final validation of the order. Prices are subject to change at any time.
4.2 The Seller may accept orders within the limits of available stock. It informs the Buyer of the availability of the Products sold on the Site at the time of confirmation of the order. In the event of temporary unavailability of a Product, the Seller will inform the Buyer of the new deadlines applied. The Buyer may choose to cancel their order and be refunded in full or accept delivery at a later date. An invoice is established by the Seller and given to the Buyer upon delivery of the Products ordered.
4.3 All Orders are payable € (Euros) and payment for purchases is made online by means of a bank payment card. The Buyer is debited for the full amount indicated on the Order summary on the day of his Order. The Buyer guarantees the Seller that he is fully authorized to use the payment card for the payment of his Order and that these means of payment legally provide access to sufficient funds to cover all costs resulting from his Order on the Site. The Seller cannot be held responsible for any fraudulent use of the means of payment used. The Seller reserves the right to suspend or cancel any Order and / or delivery, whatever its nature and level of execution, in the event of non-payment of any sum that may be due by the Buyer or in the event of a payment incident. The data provided for payment methods by credit card are processed securely. The Seller has no access to these bank details under any circumstances, and does not keep them on its servers: for this reason, these details are systematically requested for any new transaction on the Site. The Seller reserves the right to refuse to make a delivery or to honor an Order from a Buyer who has not fully or partially paid a previous Order or with whom a payment dispute is being administered. In all cases, the online supply of the bank card number and the final validation of the Order will constitute proof of the entirety of the said Order in accordance with the new article 1366 of the Civil Code and will be worth the sums incurred by entering the Products appearing on the Order form. This validation constitutes signature and express acceptance of all operations carried out on the Site. The computerized registers, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Buyer and the Seller. The archiving of Purchase Orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1379 new para. 2 of the Civil Code.
ARTICLE 5 – DELIVERY
5.1 The Seller delivers its Products worldwide. The Products are shipped with the order form, to the delivery address indicated by the Buyer when ordering.
5.2 The shipping and delivery of orders will be carried out by La Poste via Tracked Letter, Colissimo or Colissimo international according to the rates in force.
5.3 Once the order has been confirmed, the average delivery time is three (3) to five (5) days for mainland France and five (5) to ten (10) days for the rest of the world. The Seller cannot be held responsible for a delay in delivery resulting from a disruption of the postal network such as strikes, bad weather, blocking of road, rail or air networks, etc.
5.4 Any anomaly concerning the delivery (product (s) missing compared to the delivery slip, product error (s), damaged product (s), etc.) must be reported to the Seller by email (firstname.lastname@example.org) ) no later than 7 working days after the delivery date. Beyond this period, any complaint will be rejected.
ARTICLE 6 – CUSTOMS DUTIES
Any order placed on the Site and delivered outside of France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of a Product are the responsibility of the Customer and are their responsibility. The Seller is not required to verify and inform the Customer of applicable customs duties and taxes. To find out about them, the Seller advises the User to check with the competent authorities in his country.
ARTICLE 7 – CANCELLATIONS AND RETURNS
7.1 The Buyer has a period of three (3) full days to exercise his right of withdrawal from his order.
7.2 The Buyer will not be able to cancel an order once the Product (s) have been shipped.
7.3 If the Buyer finds a manufacturing defect upon receipt (excluding damage caused by transport), the Buyer may return the Product (s) after having notified the Seller by email (email@example.com) no later than 7 working days after delivery, with proof. The Product must be returned in its original packaging, its original condition and accompanied by the invoice (or a copy) by tracked parcel to the following address: delpire & co, 13 rue de l’Abbaye, 75006 Paris, France. The Seller bears the cost of returning the Product. The Buyer must send the carrier’s invoice to the Seller to obtain compensation. If the Product is not returned by the Buyer within 5 working days of receipt of the return authorization email, the return is considered canceled and the Buyer must keep the Product.
7.4 The returned Product will be refunded or exchanged within a maximum period of fifteen (15) days from its receipt by the Seller. The refund does not include the cost of the return. If the Buyer has chosen a refund, the amount to be refunded will be credited to the Buyer’s bank account. If the Buyer has chosen an exchange, the Seller will ship the item to him in exchange (the Seller will bear the shipping costs of the exchange). Exchanges are only valid for changes to the same Product. Failing compliance by the Buyer with these conditions, in particular the return or exchange conditions, the Seller cannot reimburse the Products concerned.
ARTICLE 8 – NEWSLETTER
The Seller is likely to send newsletters by email or via all the web spaces hosted by the Seller or its partners on social networks, subject to their prior acceptance. The Customer who did not wish to receive the newsletter when placing an order can do so subsequently on the “Newsletter” tab of the Site. The Customer has the option at any time to unsubscribe from these mailings free of charge, by clicking on the “unsubscribe” link in each email.
ARTICLE 9 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Products to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products. Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out (i) when the Customer takes physical possession of the Products when the carrier is offered by the Seller or (ii) when the Customer delivers the Products to the carrier of his choice.
ARTICLE 10 – GUARANTEES AND LIABILITY
The Seller’s liability cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with law and case law.
ARTICLE 11 – INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, texts, etc.). This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial reasons without the express written permission of the Seller. In general, all copyright, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of the seller or its partners. The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark which would be detrimental to the holder of the rights, unless otherwise provided by contract. The same is true for any other intellectual property right.
ARTICLE 12 – PROTECTION OF PERSONAL DATA
This Personal Data Protection Policy informs you of how we collect and process your personal data. We invite you to read it carefully.
12.1 The Data Controller The User’s personal information collected from the Product purchase or newsletter subscription form is collected and processed by the Publisher, who is Data Controller. By purchasing a Product on the Site or by subscribing to the newsletter, you therefore consent to our collecting and processing your data in the manner described here. The Publisher can be contacted at the following email address: firstname.lastname@example.org
12.3 Why does the Publisher collect my personal data? a) The purpose of this data collection is to manage relations with the Client b) Knowledge of the Client c) Site statistics and performance
12.4 With whom does the Publisher share my personal data? When the User uses the Site Services, personal data may be transferred to Greenshift (https://www.greenshift.co/fr/), host of the Site, and to the company Woocommerce for the extension of the WordPress site. When the user uses the payment services, the data can be transferred to the bank or Paypal in its capacity as provider for online payment.
12.5 How long do we keep your data? Your personal data are kept for a period in accordance with legal provisions or proportional to the purposes for which they were recorded. What is the legal basis for sending newsletters? Consent: you agree to the processing of your personal data by express consent: checkbox on the contact form. You can withdraw this consent at any time. The data is kept by the Publisher for the time necessary for the purposes for which it was collected. It is specified that for the management of the subscription to newsletters, your personal data will be kept as long as you do not express the desire to unsubscribe.
12.6 What are my rights with regard to the use of personal data? In accordance with the regulations on the protection of personal data, you can exercise your rights of access, rectification, deletion, opposition, limitation and portability if necessary and to define the fate of your personal data “post mortem”. In general, the Customer can exercise his rights at any time, by email to the following address: email@example.com and by post to delpire & co – 13 rue de l’Abbaye, 75006 Paris. You also have the possibility to act directly by clicking on the link contained in our newsletters. You also have the right to lodge a complaint with the Commission nationale de l’Informatique et des Libertés at the following address: Commission nationale de l’Informatique et des Libertés, 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07 Tel : 01 53 73 22 22 (Monday to Thursday 9 a.m. to 6.30 p.m. / Friday 9 a.m. to 6 p.m.) Fax: 01 53 73 22 00
ARTICLE 13 – COOKIES POLICY
Pursuant to Law No. 78-17 of January 6, 1978, it is recalled that the personal data requested from the User are necessary for the processing of his Order and the establishment of invoices, as well as for the management of Orders and for commercial relations between the parties. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of Orders. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and as well as to allow the Seller to improve and personalize the services offered and the information sent.
ARTICLE 14 – FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, the cases usually retained by the jurisprudence of the French courts and tribunals. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
ARTICLE 15 – UPDATE
These general conditions can be modified at any time and without notice by Libella SAS, the applicable conditions being those in force on the date of the order by the Customer.
ARTICLE 16 – APPLICABLE LAW
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.