The Company DARIULE, (91 rue du Faubourg st Honoré – Paris VIII) wished to formalize by these General Conditions of Sale, the terms and conditions of sale of its products applicable to customer orders made via its website: www.dariule.fr
DARIULE markets and manufactures worldwide furniture, decorative objects, lighting sold under the “DARIULE” brand.
The Customer and DARIULE agree that their commercial relations will be governed exclusively by these General Terms and Conditions of Sale. DARIULE reserves the right to modify its General Conditions of Sale at any time by publishing a new version on the Site. The General Conditions of Sale applicable to each order are those in force on the date of their validation on the Site.
Section 1. – General provisions
These General Conditions of Sale apply to all sales of products made via the seller’s website and are an integral part of the contract between the customer and the seller. They can be consulted on the seller’s website at the address: www.dariule.fr
The seller ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click for each transaction. Thus, the customer declares to have read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale related to a product or service in order to accept them without restriction and without reservation.
The customer acknowledges having had access to the advice and information necessary to ensure that the offer meets his needs. The customer declares to be able to legally place orders under French law or to validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the seller constitutes proof of all transactional elements. These General Terms and Conditions of Sale apply to orders placed for delivery in France or abroad.
Section 2. – Entry into force and Duration
These General Conditions of Sale are applicable to the parties on the date of validation of the order.
These General Conditions of Sale are applicable for the duration necessary for the supply of the products, until the expiry of the guarantees and obligations due by DARIULE.
Section 3. – Ordering Products and Services and Stages of Conclusion of the Online Sale
In order to place an order, the customer must follow the following steps:
1. Access the site
2. Follow the instructions of the site
3. Complete the order form
4. Check the control elements of the form and, if necessary, identify and correct errors.
5. Then confirm the order and the total amount to be paid.
The customer will receive in return a confirmation by e-mail of the payment of the order. The delivery of the ordered products will be made to the address indicated by the customer.
In order to correctly execute the order, and in accordance with article 1316-1 of the civil code, the customer provides all the authentic elements of his identity. All orders placed on the site are intended solely for the personal use of the customer. Consequently, the customer or the recipient of the products will refrain from any partial or total resale of the products ordered. When performing the aforementioned steps to complete the order, the customer agrees to comply with these general conditions of sale. In accordance with Article L. 122-1 of the Consumer Code, DARIULE reserves the right to refuse the order if it seems abnormal (especially given the quantities ordered), placed in bad faith or for any other reason in particular, and in particular if there is a dispute with the customer concerning the payment of a previous order.
Section 4. – Price of Products and Conditions of Validity
The price of the products sold on the site is indicated by article and by reference, except typographical error. These prices include the VAT applicable on the day of the order for orders to be shipped in the EU but do not include the delivery costs which will be invoiced in addition as specified to the customer during the validation of his order.
Customs duties or other local taxes or import duties or state taxes may be required in some cases. These rights and sums are not the responsibility of the seller. They will be at the expense and under the responsibility of the customer. The seller invites the customer to inquire about these aspects with the corresponding local authorities.
At the time of validation of the order, the price to be paid corresponds to the total amount of the order. The products and their prices are valid as long as they are accessible on the site within the limits of available stocks.
As such, information on the availability of products may be provided to the Customer at the time of placing the order. Errors or changes may exceptionally exist, especially in the case of simultaneous orders of the same item by several customers. In the event of the unavailability of an article after validation of the order by the Customer, DARIULE will inform the Customer by e-mail as soon as possible, proposing either to order another article presented on the site as a replacement, or to cancel the order. If the Customer chooses to cancel the order, the refund will take place at the latest within 14 days of payment if the customer’s bank account has been debited.
DARIULE reserves the right to change at any time and without notice the lists of products and/or the prices offered on the Site, it being specified that those in force at the time of the order will be those accepted by the Customer by validating the latter.
The customer is duly informed that the illustrations, photographs and description of the products are only indicative and do not enter into the contractual field. DARIULE cannot be held responsible for any error or inaccuracy whatsoever.
The period of validity of product offers and prices is determined when the Site is updated.
Section 5. – Payment Terms
Payment is due immediately upon ordering. The customer will make his payment by credit card or by bank transfer. The payment of the amount of the order will be made exclusively through one of the following means of payment: VISA or MASTERCARD. Payments by check are not accepted.
Once the payment has been made by the customer, the amount is immediately debited after verification of this information. In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable as soon as it is activated.
By communicating the information relating to his bank card, the Customer authorizes DARIULE to debit his bank card for the amount corresponding to the total amount of the order. The Customer therefore authorizes his bank in advance to debit his account in view of the records or statements transmitted via the payment module, even in the absence of invoices signed by the hand of the bank card holder. To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the card is indeed his. The Customer communicates the sixteen digits and the expiry date of his bank card as well as, if necessary, the numbers of the visual cryptogram.
In the event that the debit of the total amount to be paid is impossible, the Customer will be invited to start the payment process again. If the impossibility of debiting is confirmed, the online sale will immediately be automatically resolved and the order will be cancelled.
The occurrence of an outstanding payment on the grounds of fraudulent use of a bank card will result in the registration of the details associated with this outstanding payment with a payment incident file implemented by a third-party organization. An irregular declaration or an anomaly may also be subject to litigation.
Section 6. – Delivery of the Order
The products are delivered to the delivery address which was indicated when ordering. The customer is solely responsible for a lack of delivery due to a lack or error of geographical indication.
The amount of delivery costs depends on the amount and nature of the order. In any case, the amount of these costs is indicated to the Customer before the validation of the order.
Subject to the availability of the chosen products, the delivery method is specified to the Customer throughout the process of validation and payment of the order. The delivery time will depend on the final delivery method.
Delivery times run from the date of confirmation of the order by DARIULE according to the average time for preparation and delivery of the order.
The delivery times are transmitted for information only, and are deemed to have been respected by DARIULE when the first presentation of the order to the address indicated by the Customer has taken place within the time limits indicated to the latter.
In the event of late delivery, the customer has the possibility of terminating the contract according to the methods defined in article L138-2 of the consumer code. The seller then reimburses the product under the conditions of article L138-3 of the consumer code. The seller provides a point of contact which is indicated in the order confirmation e-mail which makes it possible to ensure its follow-up. The seller reminds that when the customer takes physical possession of his order, the risk of loss or damage to the products is transferred to him. It is therefore up to the customer to notify the carrier of any reservations about the product delivered.
The Customer is required to check the condition of the packaging as well as the items upon delivery.
It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, in particular when the package is obviously damaged on delivery, and this, before it is opened (such as, for example, if you hear a breaking sound inside). Said reservations and detailed complaints must be indicated to the deliverer and also sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, following the date of delivery of the products. In all cases, it is important to clearly specify the reasons, knowing that a reservation of the type “subject to opening the package” has no value but that a reservation of the type “very damaged package, dog-eared in top left, taped” is an accepted reservation.
The Customer must also send a copy of this letter to DARIULE. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.
If the package is in good condition, but when it is opened, the product is damaged, it is up to the Customer to return it to us according to the conditions below for expertise, indicating the reason for the complaint on the return slip.
The Customer must ensure that the products delivered to him correspond to the order. In the event of non-compliance of the products in kind or in quality with the specifications mentioned in the packing slip, the Customer must return the products, complete and in their original packaging, accompanied by the return form to the address indicated on that -this.
within seven (7) calendar days following the date of receipt of the order by the Customer. It will be up to the Customer to provide proof of this return, which assumes that the items must be returned by CHRONOPOST, or by any other means giving a certain date, the costs and risks of return remaining the responsibility of the Customer.
Section 7. – Right to retract
In accordance with Article L.121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”.
“The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the seller by email at firstname.lastname@example.org. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased will be subject to the right to reimbursement, the return costs + the shipping costs will remain the responsibility of the customer.
Returns of products must be made in their original condition, complete and in their original packaging so that they can be resold as new. They must be accompanied by a copy of the proof of purchase and the return form. The return form is to be requested by email to: email@example.com
The refund is made 14 days following the date on which the seller was informed of your decision to withdraw, subject to having received and checked the condition of the product.
If the condition is degraded or the product can no longer be considered “new”, the right of withdrawal becomes void. The simple return of the goods without declaration or the refusal to take delivery are not sufficient to express your desire to withdraw. In the event of a dispute, you must prove that you have respected the withdrawal period.
Section 8. – Complaints
If necessary, the customer may submit any complaint by contacting the company using the following contact details: by email to firstname.lastname@example.org or by post:
91 rue du Faubourg st Honoré – Paris VIII
Section 9. – Warranties
Dariule is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the Consumer Code or the guarantee against defects in the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
— the buyer has a period of 2 years from delivery of the goods to act;
— the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the consumer code;
— the buyer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods;
— the buyer 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 rescinding the sale or reducing the price in accordance with article 1644 of the civil code.
Items returned incomplete, spoiled, damaged, damaged or soiled by the Customer will not be exchangeable and will be returned to him immediately or returned by post as soon as possible.
Section 10. – Force Majeure
The responsibility of DARIULE cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Section 11. – Limitation of liability
DARIULE cannot be held liable for any damage resulting from the use of the Internet network such as, in particular, loss of data, intrusion, computer viruses, connection break, interruption of the Internet network, or other independent problems. of his will.
DARIULE reserves the right to suspend the operation of the Site at any time.
Section 12. – Applicable right
These General Conditions of Sale are governed by French law.
Any dispute resulting from the formation, interpretation or execution of these General Conditions of Sale will be the exclusive jurisdiction of the French courts, notwithstanding plurality of defenders or warranty claims.
Thus, the customer declares to have read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale related to a product or service in order to accept them without restriction and without reservation.
Section 13. – Pre-contractual information
The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 111- 1 of the consumer code. The following information is transmitted to the buyer, in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good;
- in the absence of immediate execution of the contract, the date or the deadline on which the supplier undertakes to deliver the goods, whatever their price;
- information relating to the identity of the supplier, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the methods implementation of guarantees and other contractual conditions.
- the name or corporate name of the seller, the geographical address of his establishment and, if different, that of the registered office, his telephone number and his e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for the processing of complaints;
- the existence and terms of exercise of the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14 of the consumer code and the guarantee against hidden defects provided for in articles 1641 and following of the civil code.
Section 14. – The mediation of consumption
In accordance with the provisions of Articles L 611-1 and R 612-1 and following of the Consumer Code concerning the amicable settlement of disputes, when the buyer has sent a written complaint to the seller and he has not obtained satisfaction or response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint. The mediator is CNPM CONSUMER MEDITATION.