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These "General Terms and Conditions of Sale" apply to legal transactions relating to the products marketed to its customers by D.THOMAS Company within its shop www.paillettesetbroderie.com
The following words or expressions shall have the following meaning:
Internet Store: refers to the D.THOMAS Company website on which the products are presented and sold to customers.
Order: means the contract of sale entered into between D.THOMAS and the customer of the D.THOMAS Internet shop.
Data sheet: refers to the classified information concerning a Product, supplied by D.THOMAS when the product is put on sale in its internet shop.
Products: refers to all the goods put up for sale by D.THOMAS in its internet shop.
Transaction: refers to all the operations, secure processing, authorizations and agreements inherent in the payment of the price of the Products ordered by credit card.
ARTICLE 1- PURPOSE
The purpose of these General Conditions of Sale is to define the terms and conditions to which D.THOMAS proposes and sells its Products to its customers.
These general conditions of sale will prevail over any other conditions contained in any other document, except prior, express and written derogation.
ARTICLE 2 - ACCEPTANCE OF CONDITIONS
The customer acknowledges having taken note, at the time of placing of Order, of the present general conditions of sale and expressly declares to accept them without reservation.
These general conditions of sale govern the contractual relations between D.THOMAS and its customer, both parties accepting them without reservation.
ARTICLE 3 - PRODUCTS
The majority of products offered by D.THOMAS to its customers are immediately available.
The offers of sale presented on the site are valid, in the absence of indication of particular duration, within the limit of available stocks.
The photographs illustrating the products do not constitute a contractual document.
ARTICLE 4 - ORDER
Automatic registration systems are considered to be proof of the nature, content and date of the Order.
The D.THOMAS Company will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will only be concluded once the order confirmation has been sent.
Confirmation of the order entails acceptance of the CGV.
Any change of order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
The D.THOMAS Company reserves the right to refuse or cancel any Order of a customer, in particular in the event of the insolvency of the client or in the event of a default of payment of the Order concerned or a previous delivery Or a dispute relating to the payment of a previous order.
The mentions indicated by the customer, when entering the information inherent to his Order, engage the latter. D.THOMAS can not be held responsible for errors made by the customer in the address details of the recipient of the Order (delivery address, billing address in particular) and delays in delivery or inability to deliver the Products These errors could generate.
ARTICLE 5 - DELIVERY
After confirmation of the order and subject to full payment of the price of the products ordered, D.THOMAS undertakes to send to its customer the products ordered to the delivery address, according to the delivery methods of the products provided for in the Delivery conditions "accessible at the bottom of each page of the site via a hypertext link.
All the Products stipulated in the Orders placed at the D.THOMAS Company are intended for the personal or professional use of the clients or the recipients whose name is mentioned at the address of delivery.
In such cases, the customer undertakes to settle upon receipt all taxes, duties, taxes and other charges which are present and to be due in respect of the delivery of the said products themselves; The joint and several liability of D.THOMAS. Not being able at any time to be engaged in this capacity.
In case of delay of delivery exceeding seven (20) days, the Customer may, if he wishes, and in case of force majeure, denounce the contract of sale by registered letter with acknowledgment of receipt. This right shall, however, be exercised within sixty (60) working days from the date of delivery originally provided for in the contract. If necessary, the Customer will return the products if they have been delivered and will receive from the seller at the latest within thirty days the restitution of his payment, excluding any compensation.
On receipt of the Products ordered, the customer or the recipient must verify the proper functioning of the goods delivered, and will be aware of its conditions of use indicated in the operating instructions provided to it.
In the event that one or more of the Products ordered are missing or damaged, the customer or the recipient must make any reservations with the carrier at the time of delivery.
If the product does not conform to the order, the consumer must contact the seller in order to obtain the replacement of the product or possibly an exchange.
For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the customer.
In the event that the customer wishes the Products ordered to be delivered to two distinct addresses, it should be that the latter passes 2 Separate orders.
ARTICLE 6 - RETRACTION
The customer has a period of 14 days from receipt of the Products ordered to return them to D.THOMAS Company against exchange or refund. The return of the products is the responsibility of the customer, and the return costs are at his charge.
In this case, the customer must return the new, undamaged Products, accompanied by any accessories, operating instructions and documentation, in their original packaging, to the following address:
41 Avenue de Strasbourg
93130 Noisy le Sec (France)
In case of exercise of the right of withdrawal, D.THOMAS undertakes to reimburse the sums paid by the customer, without expenses, except the expenses of return.
The refund is due within a maximum period of 14 days, starting from the day D.THOMAS was informed of the customer's decision, or the receipt of the returned goods.
ARTICLE 7 - PRIZES
Sales prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated in euros, including all taxes, excluding participation in shipping costs.
The price indicated in the order confirmation is the final price expressed including all taxes and VAT. This price includes the price of the Products, the costs of handling, packaging and preservation of the Products, the transport costs.
The professional salesperson reserves the right to change prices at any time. The sales price of the product is that in force on the day of the order, subject to availability.
ARTICLE 8 - PAYMENT
The price charged to the customer is the price indicated on the order confirmation sent by D.THOMAS. The price of the Products is payable in cash by one of the means of payment proposed on the site on the day of the actual order.
The order validated by the customer will only be considered effective when the secured bank payment center has given its agreement on the transaction and, if necessary, after acceptance of assumption of risk by the insurer.
ARTICLE 9 - APPLICABLE LAW
These general conditions of sale are subject to French law.
ARTICLE 10 - RESPONSIBILITY
D.THOMAS shall not be liable for any damage resulting from the use of the Internet, such as loss of data, fraudulent intrusion, virus, breach of service, or other unintentional problems.
It is also specified that the seller does not control the websites that are directly or indirectly linked to the site. Accordingly, no liability can be accepted for the information published therein. Links to third party websites are provided for information purposes only and are not warranted as to their content.
D.THOMAS can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from a malfunction or misuse of the Products marketed.
The liability of D.THOMAS will in any event be limited to the amount of the order. In the event of difficulties in the application of the present contract, the customer and the D.THOMAS Company reserve the possibility, before any legal action, to seek an amicable solution.
Failing this, for commercial clients, the Tribunal de Commerce de Bobigny (93) has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 - GUARANTEE
The products presented on the Site benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. The warranty does not apply to defects and deterioration caused by natural wear or by an accident outside the product (defective maintenance, abnormal use, etc.).
The customer will be able to contact the customer service by telephone or by email, which will indicate to him the precise ways to return, at his expenses, the product concerned.
The product will be exchanged for an identical product and addressed to the customer at the expense of D.THOMAS, except in the event of stock shortage or disappearance of the product of the range. In the latter case, D.THOMAS will proceed to reimburse the price of the product to the Customer.
In all cases, D.THOMAS Company can not be held responsible for the non-compliance with the regulations and laws in force in the country of reception. The liability of D.THOMAS is systematically limited to the value of the Product in question determined at the date of its sale and without recourse to the brand or company producing the product.
ARTICLES 12 - LEGAL INFORMATION
The information of the personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and the routing of the orders, the establishment of the invoices and the contracts of guarantee. Failure to provide information will result in the order not being validated.
In accordance with the law "Informatique et Libertés", the processing of personal information concerning customers has been the subject of a declaration to the National Commission of Informatics and Liberties (CNIL).
The customer has a right to access, modify, rectify and delete data concerning him (Article 34 of the law of 6 January 1978), which he can exercise at Store-Factory. In addition, D.THOMAS undertakes not to communicate, free of charge or with counterpart, the contact details of its customers to a third party.
Article 13 - INTELLECTUAL PROPERTY
All the elements of the site www.paillettesetbroderie.com which have been the object or not of a deposit of marks (photographs, data sheets, descriptions, layout ...) are the full property D.THOMAS Company or its And can not be used. All trademarks, visual or audio texts, comments, books, illustrations and images, reproduced on the site www.paillettesetbroderie.com are protected under copyright, trademark law and right to the image.
Any reproduction or representation, in whole or in part, constitutes an infringement that could incur civil and criminal liability of its author.
Please contact us if you don't find an answer to your question in this section.