TERMS OF SALES
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
Preamble
DARIULE markets and manufactures furniture, decorative items and 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. The prices of the products sold are indicated in euros and net of VAT (exempt from VAT, Article 293B of the General Tax Code) excluding delivery costs, which will be invoiced in addition as specified to the customer when the order is validated.
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 customer’s address and all the information required by the carrier for the delivery to be carried out correctly must be clearly specified by the customer. No modification is possible after validation of the order. The customer is informed by e-mail from the carrier of the acceptance of his parcel and the probable date of delivery. In no event will the seller be liable for late delivery or return of packages in any of the following cases: – Absence of the customer at the time of delivery; – Error or omission in the address communicated by the customer when placing the order; – Force majeure as defined by jurisprudence. Packages that have not been delivered due to absence or missing information are kept in the agency for 2 days, after which they will be returned to the seller if the customer does not provide the information requested within this period. In this case, any new delivery will be subject to new charges. In accordance with the law, the seller cannot be held responsible if the delivery time announced by the carrier is exceeded, and therefore cannot reimburse the customer for the cost of postage.
Damaged parcel on receipt: In the event of damage to the parcel on receipt of delivery, the customer is advised to express appropriate reservations to the carrier on the delivery note, or even to refuse the parcel, and to inform the seller as soon as possible by sending a copy of the delivery note showing the reservations or the refusal. If no reservation is clearly stated on the carrier’s delivery note, no recourse will be possible regarding the condition of the package.
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”. Products made to order cannot be returned.
“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 antoine@dariule.fr. 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: antoine@dariule.fr
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 antoine@dariule.fr or by post:
DARIULE
91 rue du Faubourg st Honoré – Paris VIII
France
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.
Article 15. – Non-compliance
Possible nuances in color or size are not conformities, but the sign of a handcrafted product.
Article 16. – Contract language
These terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
LEGAL NOTICE
Site owner:
DARIULE
91 rue du Faubourg st Honoré – Paris VIII
France
Site host & webmaster:
Webmaster: MC NETWORK – contact@mcnetwork.fr
Hébergeur : MC NETWORK – Paris – 01 86 95 02 60
Publication manager: DARIULE
Siret: 532 647 005 00042
Email: antoine@dariule.fr
Photo credits: Pascal Lou
Intellectual Property :
All content on this site, including, but not limited to, graphics, text, animations, sounds, logos, gifs, videos, products, and icons as well as their formatting are the exclusive property of DARIULE.
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly prohibited without the express written consent of DARIULE. This representation or reproduction, by any process whatsoever, constitutes an infringement punishable by articles L.3335-2 and following of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the counterfeiter. Additionally, the owners of the copied content may take legal action against you.
However, the distribution of information contained on this site is possible for non-commercial uses, but only with the agreement of DARIULE and provided that they are not modified. These reproduction permissions are granted on a case-by-case basis.
Please send your requests to antoine@dariule.fr
Without warranty :
The website, the information and features offered correspond to the legal rules in force. However, its use is under your own responsibility. Dariule in no way guarantees the accuracy, commercial value, quality or non-infringement of any information published on the website or available through this site. In addition, Dariule cannot guarantee that the server which makes the website accessible is protected from any virus likely to cause damage, infect or destroy your computer installation or any other installation when you access this site. web, downloading a document, or using any other functionality of the site. In accordance with the law, Dariule cannot, in any way, be held responsible for direct or indirect, accidental or non-incidental damages resulting from the use, good or bad, of the website. Similarly, Dariule cannot in any way be held liable for direct or indirect damage caused by errors or omissions noted on this website, in the information communicated among the features offered. Dariule reserves the right to modify, add, delete the terms and conditions of use at any time without notice. These changes will apply as soon as they are published on the site. Consulting the site once these changes have been made automatically implies their acceptance. Dariule also reserves the right to modify, add or delete all or part of the content or functionalities of the site at any time without prior warning and without the responsibility of Dariule being called into question without being held responsible by the visitor of the site.
DATA PROTECTION
Privacy Policy
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978 and the Data Protection Act no. 2018-493 of June 20, 2018, Antoine Dariule undertakes to respect the confidentiality of personal information collected.
This Privacy Policy applies to the website www.dariule.fr. It describes how we collect, use, store and protect the personal data of our prospects and customers.
- Collection of personal information
We collect information about you when you:
– You register on our website (creation of an account),
– Subscribe to our Newsletter,
– Place an order using our website,
– Fill in the online forms,
– Interact with us using social networks,
– Contact us by telephone, e-mail or post, for example.
Subject to applicable law, we may supplement the personal data we collect with information obtained by third parties who are authorized to share it; for example, information from providers seeking information or from public sources.
If you provide us with personal data concerning a third party, it is your responsibility to ensure that you comply with the applicable regulations on the protection of personal data and in particular your obligations in terms of obtaining the prior consent of the persons whose personal data you provide to us. As such, you must have notified the person concerned and obtained their express agreement to provide us with their personal data and have informed them of the way in which we collect, use and store their personal data or invite them to read our Privacy Policy.
We collect the following information:
- Marital status: Surname and first name, mobile phone, home address,
- Internet: email address,
- Economic and financial information: Turnover, means of payment used in the context of our commercial relationship, payment history,
- Login data,
- Products purchased.
- Use of personal information
The data collected on our websites allows us to:
– Meet our contractual obligations to you, and in particular to deliver orders,
– Manage the relationship with our customers and prospects,
– Provide pre-sales service and sell,
– Invoice and collect payments, collect outstanding payments,
– Organize direct marketing operations,
– Analyze the uses of offers and products to make proposals adapted to our customers,
– Survey our customers,
– Improve our offers and our website content,
– Develop and provide new features, new products.
- The recipients of the processed data
These data are accessible to Antoine Dariule’s services. Some data is accessible to our transport providers. The data may also be processed by third parties that we have used to carry out payment transactions, such as financial and banking institutions. No personal information is transferred to third parties, free of charge or against payment.
When we transfer personal information to countries outside the European Economic Area, we ensure that such information is transferred in accordance with this Privacy Policy and in accordance with applicable data protection laws. We rely on European Commission adequacy decisions or use contracts with standard guarantees published by the European Commission.
- Your rights
In accordance with the Data Protection Act of January 6, 1978 and Law No. 2018-493 of June 20, 2018 relating to the protection of personal data, you have the right to access, rectify and delete data which you concern. You can request the portability of these. You also have the right to oppose the processing carried out or to request its limitation.
If you withdraw your consent to the use of your personal data for the purposes set out in our Privacy Policy, we may therefore no longer be able to provide you with access to all or part of our website.
- Exercise your rights
To be able to exercise your rights, you can contact us:
By email: antoine@dariule.fr
By post: Dariule – 91 rue du faubourg st honoré. 75008 Paris
Any request to exercise your rights must be accompanied by a photocopy of proof of identity. A response will be sent to you within one month of receipt of your request. If your exchanges with us have not been satisfactory, you have the possibility of lodging a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), the supervisory authority in charge of compliance with data obligations. of a personal nature in France.
In addition, you can freely unsubscribe from our mailing list by clicking on the “unsubscribe” link at the end of each mailing.
- Securing personal data
Dariule ensures that your data is treated with the utmost security and confidentiality, even when certain operations are carried out by subcontractors.
We ensure the security of your data by taking the necessary technical and structural measures to prevent their unlawful or unauthorized processing, loss or destruction. We do our best to protect your personal data. However, we cannot guarantee the security of your data transmitted to our website over an Internet connection or any other connection. If you have chosen a password allowing you to access certain areas of our website, please keep it confidential; we will not share this password with anyone. If you believe your account has been hacked, please contact us at antoine@dariule.fr.
- Data retention time
We will keep your personal data for the duration of our commercial relationship and after its expiry, for a period of three years. In cases where we no longer need your personal data, we will destroy it in a secure manner (without sending you any further notice).
- Copyright & Copyright
Our entire website and each of its elements taken separately come under French and international legislation on copyright and more broadly on intellectual property (including in particular protection under copyright, trademarks, database law, etc.). Reproduction of all or part of this site on any medium whatsoever is strictly prohibited without the express authorization of the director of publication. Any other use is subject to our prior agreement and must in this case bear the clear and legible mention of the source, for example: “Source: Dariule – All rights reserved”.
- Other sites and social networks
If you follow a link from our website to another site or service, this Privacy Policy no longer applies. We are not responsible for the personal data processing practices of third party sites or services and encourage you to read the privacy policies posted on the relevant sites or services.
- Information on Cookies
When you consult our website, information relating to your browsing may be recorded in “Cookies” files installed on your terminal, subject to your choices regarding cookies. The purpose of these cookies is to provide you with personalized service, to improve the use of our sites, applications and services, to optimize your browsing experience and to offer you offers adapted to your centers of interest.
If you refuse the registration of cookies in your terminal, or if you delete those already registered, you will no longer be able to benefit from a certain number of functionalities offered by our site, or in a non-optimal way. For example, we will no longer be able to recommend products to you based on your navigation on the site.
To find out more about cookies and their management, we invite you to consult the website of the National Commission for Computing and Liberties: http://www.cnil.fr/vos-droits/vos-traces/les -cookies/ , or the “Help” option in your browser menu.