These general terms and conditions of sale apply between :
SARL C.P., a limited liability company with a capital of 50,000 euros, registered with the RCS of Paris under the number 437 610 629, whose registered office is located at 6 rue Béranger in Paris (75003), represented by Mrs. Carole Petit in her capacity as legal representative
Hereinafter referred to as "SARL C.P".
Any natural person acting in a private capacity or as a representative of a legal entity visiting or making a purchase of products via the website www.diega.fr owned by SARL C.P.
Hereinafter referred to as the "Customer”
Any order placed on the website www.diega.fr implies prior consultation and acceptance of these general terms and conditions.
As the www.diega.fr website is an e-commerce website, the Customer acknowledges that he is fully aware that his agreement to the content of these general terms and conditions of sale does not require a handwritten signature of this document.
The Customer is invited to save or print out these general terms and conditions of sale, which are binding between the parties.
The Customer declares that he is of legal age and has full legal capacity to enter into contracts under French law.
6 rue Béranger
1 - PURPOSE
The purpose of the present general terms and conditions of sale is to define, exclusively, by virtue of the relations that they establish on the Internet network, the rights and obligations of the Parties arising from the online sale of Products offered on the www.diega.fr website.
They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the Parties.
These general terms and conditions of sale apply in the version in force on the website on the date the order is placed by the Customer, to the exclusion of any other document.
2- ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
The version of the general terms and conditions of sale enforceable against the Customer is the one appearing on the website at the time of validation of the order by the Customer.
The different versions of the general terms and conditions of sale are archived by SARL C.P.
The general terms and conditions of sale may be changed or deleted at any time.
3. UNAVAILABILITY OF THE WEBSITE
The website www.diega.fr or access to one or more services within the website, such as the online sales space, may, without notice or compensation, be temporarily or permanently closed, without a Customer being able to claim any compensation.
The products offered for sale by SARL C.P, namely ready-to-wear articles and accessories for sale, are those listed on the www.diega.fr website on the day of consultation of the website by the Customer.
The products are offered within the limits of available stocks. Although the stock is displayed in real time on the www.diega.fr website, it is possible that a product is missing (inventory error or other). Under these conditions, SARL C.P undertakes to inform the Customer by any means at its convenience as soon as possible after the order has been placed.
In this case, SARL C.P may, in agreement with the Customer, schedule a new delivery date depending on its restocking. In the absence of agreement or of the impossibility of having the product ordered, SARL C.P will proceed with the refund of the amounts paid by the Customer within a maximum period of 30 days, without the latter being able to claim any compensation.
The greatest care is taken to put information online, prior to placing the order, concerning the essential characteristics of the products offered for sale, the terms of payment and delivery. However, minor variations in the representation of the product, such as the photographs and/or texts illustrating the products, and not relating to the essential characteristics, may be present. SARL C.P. cannot be held contractually responsible for these variations.
The information provided on the website www.diega.fr does not exempt the Customer from taking note of any other information attached to the product or printed on the product or its packaging (precautions for use, cleaning conditions, etc.).
The prices for ordering products are indicated on the online sales space dedicated to this purpose.
The prices are indicated in euros and take into account possible discounts applicable on the day of the order, they correspond:
- To prices inclusive of all taxes in France and in any other country of the European Union.
- To prices excluding taxes, for deliveries in Switzerland and in any country outside the European Union. In these countries, they may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These possible customs duties and taxes are payable by the Customer. SARL C.P is not obliged to inform the Customer of their amount or their existence.
The prices indicated on the website are guaranteed on the day of the order within the limits of available stocks, except for significant changes in charges and in particular VAT, and except for obvious typographical errors or omission.
These prices do not take into account, unless otherwise stated, the shipping costs, which will be indicated in addition to the price and will be specified to the Customer on the order summary before final validation of the order.
When the Customer's order is confirmed by e-mail, the total amount of the order (price and shipping costs) will be indicated.
SARL C.P reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of the recording of the order, subject nevertheless to the availability of the aforementioned Products.
6 - ORDERING
6.1 Navigation within the website
The User can find out about the different Products offered for sale by SARL C.P on its website.
The User may browse freely on the various pages of the website, without being committed to an order.
If the User wishes to place an order, he will select the various Products in which he is interested, and express his interest by clicking on the purchase button.
At any time, the User may :
- Obtain a summary of the Products selected by clicking on the shopping cart;
- Continue or modify his selection of Products by returning to the catalogue;
- Complete his selection of Products and order these Products by clicking on "Order".
To order the Products he has chosen, after validating his shopping cart, every User must identify himself:
- By entering his e-mail address and the password he will have chosen beforehand, if he already has a SARL C.P. user account, the User is informed and accepts that entering these two identifiers is proof of his identity and shows his consent to the order.
- If not, by entering his e-mail address and filling in the form provided, on which he will include the information necessary for identification and delivery of his order (in particular his last name, first name, postal address and phone number).
The information communicated by the Customer when opening a Customer account or when placing an order must be complete, accurate and up-to-date. If it is not, SARL C.P. will not be able to execute the orders.
Once the User is identified, he must enter or validate the delivery address and a purchase order will appear on the screen, summarising: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order, the delivery costs, the User's contact details and the exact delivery address for the Products.
To benefit from a commercial offer sent to him by post or e-mail, or available directly from his user account, or relating to the product(s) in his shopping Cart, the User must, depending on the type of offer concerned:
- Reaching the number of products and/or the total amount of the shopping cart provided for in the offer to benefit from it;
- Enter the code that will have been sent to him/her to benefit from this offer.
Unconditional offers will be automatically displayed on the Shopping Cart page.
6.3 Final validation of the order
Once the User is aware of the status of his/her order, and once all the information requested has been completed, a summary of this information and the order will appear.
After having read this summary, and before payment, the User will take note of the present general terms and conditions of sale, which he will attest to by ticking the box provided for this purpose.
To access the Monetico secure payment website, the User must click on the type of card with which he wishes to make the payment to definitively confirm his order. The User will then have to transmit his credit card number, according to the type of card, the expiry date and the visual cryptogram.
The server of the secure payment platform is secured by T.L.S. encryption in order to protect all the data linked to the means of payment as effectively as possible, and at no time will the User's banking data pass through the computer system of SARL C.P., which is discharged of any responsibility in this matter.
As soon as the User validates his payment, the order is recorded and becomes irrevocable.
The User becomes a Customer.
The purchase order will be recorded on the computer registers of SARL C.P., themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
Any order placed by the Customer via the above-mentioned steps constitutes irrevocable acceptance of these general terms and conditions.
The Customer receives an electronic acknowledgement of receipt of his order.
In accordance with Article 10 below, the Customer has a right of withdrawal and refund, during a period of fourteen (14) working days from the date of receipt of the Products by the Customer or a contractual withdrawal period of thirty (30) days from this same date under the conditions specified in Article 10.2.
6.4 Order confirmation
In accordance with the applicable regulations, the contractual information will be confirmed at the appropriate time and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the Customer.
The Customer will receive an invoice by e-mail once the payment, detailed in article 7 below, has been made.
The invoice will include the following information:
• Product description ;
• Identification of the order number ;
• The total amount of the order (price and shipping costs) ;
A summary delivery note will also be included in each package.
It is the Customer's responsibility to keep this contractual information on the medium of his choice.
SARL C.P reserves the right not to confirm the order in particular in the event of refusal of authorization of payment, wrong address or any other problem on the account of the user. In this case, SARL C.P will inform the Customer by e-mail.
The order becomes final only after :
· Payment of the full amount of the price by the Customer ;
· Verification of the availability of the product by SARL C.P. as soon as possible after sending the email acknowledging receipt of the said order to the Customer.
Any registered order cannot be modified.
7 - PAYMENT
7.1 Means of payment
Payment is made online by credit card [Visa, Mastercard] via the secure internet credit card payment system Monetico. The product delivery note will be inserted in the parcel containing the product(s) ordered.
The order is only final when it has been confirmed by the payment of the price by the Customer.
The customer's credit card is debited when the order is confirmed on the website. In the event that for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debiting of the amount due by the customer is impossible, the sale will be immediately and automatically cancelled.
The card transaction, carried out between the Customer's computer and the secure Monetico system for online payment, is fully encrypted to ensure confidentiality.
We offer you the possibility of paying in several installments with our partner Alma: This payment facility is available for all orders above 50€ and up to 2000€.
By paying your order via our partner Alma, you accept the ALMA's general conditions.
7.2 Default of payment
In the event of non-payment of the price not justified by a legitimate reason, SARL C.P. is entitled to claim late payment interest from the Customer calculated on the basis of the legal rate in force plus three points applicable from the date on which payment is due.
In the event of contentious recovery (recovery agency, lawyer or bailiff) and after a simple letter, the claims of SARL C.P. against professionals will be increased by 40 euros as a fixed recovery fee, without prejudice to a claim for these costs in real terms.
In any case, SARL C.P reserves the right to refuse any order or any delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of authorisation of payment by credit card by banking organisations, (iv) non-payment or partial payment. The responsibility of SARL C.P cannot be engaged in any of these case.
7.3 Reservation of ownership
The delivered product remains the property of SARL C.P until the complete and effective payment of the price by the Customer. Failure to pay may result in SARL C.P. reclaiming the product.
The transfer of the risks of loss or deterioration to the Customer takes place on the date of delivery of the product, i.e., receipt of the product by the Customer.
8 - CONDITIONS AND DELIVERY TIMES
8.1 Delivery times
The products ordered by the Customer will be delivered to the address communicated by the Customer within a maximum of  working days from the confirmation of the order and payment of the full Price, with the stipulation that no delivery can be made to hotels or letterboxes.
Delays may nevertheless occur in the event of unforeseen circumstances or for reasons linked to the place of delivery and SARL C.P. declines all responsibility for the extension of delivery times due to the carrier, particularly in the event of loss of products or strike.
In the event of unavailability of the product, SARL C.P. undertakes to inform the Customer as soon as possible so that the Customer can be refund without delay and at the latest within 30 days of payment of the amount he has paid.
In the event of a foreseeable extension of the delivery time, SARL C.P. undertakes to inform the Customer as soon as possible and by any means so that the latter can then choose to maintain or cancel all or part of his order.
SARL C.P cannot be held responsible for the consequences of all events beyond its control, in particular cases of force majeure or fortuitous events, which would tend to delay or prevent the delivery of the ordered product as defined in article 14 of the present document.
In the event of failure to comply with the aforementioned time limit plus 14 days, the Customer may cancel the order by sending a registered letter with acknowledgement of receipt to the address of the registered office indicated at the top of these general conditions. The cancellation will only be taken into account by SARL C.P. if the shipment or delivery has not taken place between the sending and receipt of the said letter. The Customer will be refund at the latest within 30 days following receipt of the registered letter by SARL C.P.
SARL C.P. reserves the right to choose the carrier and guarantees the correct delivery of the products.
CAUTION: if a parcel is returned to the sender for non-reclamation or wrong delivery address provided by the Customer, SARL C.P reserves the right to invoice again the forwarding expenses to the Customer. In this case, if the parcel is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain with SARL C.P.
8.2 Delivered countries
The Products ordered by the Customer will only be delivered to the following territories: France, Spain, Italy, Belgium, Holland, Germany, Denmark, Portugal, Luxembourg.
8.3 Checking the delivery
SARL C.P guarantees the conformity of the product delivered with the essential characteristics described on the www.diega.fr website and this for a use in conformity with its destination.
The Customer is required to check the condition of the packaging and the conformity of the product delivered, and if necessary to make any reservations on the carrier's delivery note.
The Customer must at the same time confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days following the date of delivery setting out the said complaints. The Customer must send a copy of this letter by e-mail to firstname.lastname@example.org or by post to the head office of SARL C.P. indicated in the header.
Unless there is a legitimate reason, any claim not brought to the attention of SARL C.P within 21 days of receipt of the Products will be considered inadmissible, and SARL C.P will not be held responsible.
SARL C.P reserves the right to ask the Customer to return the non-conforming or damaged Product.
In case of abnormal or abusive returns, SARL C.P. reserves the right to refuse to honour a subsequent order.
8.4 Delivery costs
For all countries, the delivery costs will be calculated at the time of selecting the delivery method when validating the delivery address prior to order confirmation in accordance with article 6 above.
SARL C.P. is not responsible for taxes and additional service charges applied by certain countries. Customers will be held responsible for any restrictions, duties, taxes and other charges perceived by the destination country, prior to placing an order. SARL C.P. will not be responsible for any duties, taxes or customs fees under any circumstances.
If the order arrives in the country and :
- The Customer refuses the parcel
- No attempt is made to deliver the parcel to the specified address in the destination country
SARL C.P. reserves the right to abandon the parcel and will not be liable for any refund.
9 - GUARANTEES
All the products sold by SARL C.P benefit from the legal guarantee of conformity provided for in articles L. 217- 4 and following of the Consumer Code, and the guarantee of hidden defects provided for in articles 1641 and following of the Civil Code.
In all cases, SARL C.P. cannot be held responsible for
· Defects resulting from inappropriate, incorrect or abusive use of the product by the Customer
· Normal wear and tear and ageing of the product
· Lack of maintenance or care
· Negligence or accidents
9.1 Guarantee of conformity
The Client :
· Has a period of two years from the delivery of the product to act;
· Benefits from the choice of replacement or refund of the product, subject to the conditions of cost provided for in Article L 217-9 of the Consumer Code;
The Customer can benefit from this guarantee by informing SARL C.P. of the lack of conformity by e-mail to email@example.com or by mail to the address indicated at the top of this document.
To benefit from this guarantee, the Customer must provide the dated proof of purchase of the product.
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made his responsibility by the contract or was carried out under his responsibility.
9.2 Guarantee of hidden defects
In accordance with articles 1641 and following of the civil code, SARL C.P. is held responsible for the guarantee due to hidden defects of its products which make them unsuitable for the use for which they were intended, or which reduce this use so much that the Customer would not have acquired them or would have only given a lesser price if he had known them.
The Customer has a period of two years from the discovery of the hidden defect to act.
In the event that the warranty against hidden defects in the product sold is invoked, the Customer may choose between a refund or replacement of the product.
To benefit from this guarantee, the Customer must provide the dated proof of purchase of the product.
The Customer shall activate this guarantee by informing SARL C.P. of the hidden defect by e-mail to the following e-mail address: firstname.lastname@example.org or by post to the address indicated at the top of these general terms and conditions.
9.3 Consideration of the Customer's request
In the event of a return due to a defect, the Customer must send an e-mail to email@example.com and describe very precisely the nature of the defect and any anomalies found (defective product).
The SARL C.P will then send a slip to the Customer which he will have to stick on the parcel for a return at the expense of the SARL C.P.
If the aforementioned conditions are met, SARL C.P. will then proceed, with regard to the Customer's request, with the refund or replacement of the product, provided that it is returned in its original packaging and accompanied by the duly completed return form to the address indicated at the top of these general terms and conditions.
In the event of a return due to a defect, SARL C.P. will refund the shipping costs on presentation of the corresponding receipts and in any case according to the rates in force. The refund is made in proportion to the price of the product on the totality of the order.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal provided for in article 10.
10 - RIGHT OF WITHDRAWAL
10.1 Legal right of withdrawal
Pursuant to Article L 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) working days from the date of receipt of the order to exercise his right of withdrawal.
If the Customer makes use of this right of withdrawal, the product must be returned within fourteen (14) working days following the communication of his decision to withdraw, at his own expense and in its original packaging and condition accompanied by the delivery note.
The Customer exercises his right of withdrawal by informing SARL C.P. of his decision to withdraw by e-mail to firstname.lastname@example.org, respecting the following steps:
- Connect to his/her account on www.www.diega.fr and display the history of past orders;
- Select the order containing the product(s) to be returned, click on "Details" and tick the product(s) you wish to return;
- Mention the reason for the return, then click on "request a return";
- Once the request has been validated, access the "RETURNS" section from your account, then print the return and follow the instructions indicated there
- Go to the carrier of his choice to return the package to the following address, the return costs being at his expense: Universlog, 6 rue Robert Schuman, 77330, Ozoir la Ferrière.
The Customer bears all risks of this shipment. Thus, SARL C.P will not be responsible in case of loss, theft or delay of the returned product. The burden of proof of the return is on the Customer.
In doing so, all returns must be made by "parcel against signature": in case of loss of the parcel, SARL C.P. will not proceed to the refund of the returned parcel(s).
A product that has suffered depreciation as a result of excessive handling (notably damaged, spoiled, returned, incomplete, worn, not labelled, etc.) cannot be taken back. The return costs are at the expense of the Customer.
In the event of exercising the right of withdrawal, the Customer may request a refund of the product(s) returned as well as the delivery costs incurred, except if the order is returned partially. The Customer may not request refund of the return costs incurred.
If the Customer wishes a substitute product, he is invited to place an order directly on the website and send back the original product so that SARL C.P can proceed with its refund, the processing times being faster and the return costs being borne by the Customer in all cases.
Consequently, SARL C.P undertakes to refund the Customer within a maximum of 30 days from receipt by SARL C.P of the returned product, directly according to the means of payment used.
Any order returned without having been notified by e-mail to the address indicated will not be processed.
10.2 Contractual right of withdrawal
In addition to the legal right of withdrawal granted to the Customer, mentioned in article 10.1, the Customer may return any product within thirty (30) days from the date of receipt of the order at his expense and in its original packaging and condition, accompanied by the delivery note, under the same conditions as those set out in article 10.1.
This provision does not apply to any product that is on sale and/or has been purchased through any promotional offer. Only the legal right of withdrawal shall apply to such products.
11 - PROTECTION OF PERSONAL DATA
The information requested at the time of purchase, in particular via the forms, is necessary for the processing of the order and will be communicated to the service provider(s) in charge of carrying out the order, in particular the carrier and/or any competent authority for the settlement of a dispute between SARL C.P and a Customer. The data collected at the time of the purchase cannot be used for other purposes, in particular commercial prospecting, without the express and preliminary consent of the Customer.
The banking data of the Customers are not preserved beyond the purchase, except if the Customer agreed to their safeguarding on his Customer account. In any case, the cryptogram is never kept by SARL C.P.
The Customer has the right to access, modify, rectify and erase data concerning him. To exercise this right, the Customer must send an e-mail to the customer service department of SARL C.P at the e-mail address email@example.com or to the postal address indicated at the top of these general terms and conditions.
12 - INTELLECTUAL PROPERTY
The elements owned by SARL C.P, such as the website, brands, drawings, models, images, sound clips and videos, texts, photos, logos, graphic charts, games, without this list being exhaustive, are the exclusive property of SARL C.P.
The present general terms and conditions do not imply any transfer of intellectual property rights of any kind on the elements owned by SARL C.P to the benefit of the Client.
SARL C.P grants the Customer a non-exclusive, personal, non-transferable right of access to the website and for use in accordance with these terms and conditions. Any other use constitutes an infringement and is punishable under the provisions of the Intellectual Property Code.
The Client undertakes not to infringe, directly or indirectly, the property rights of SARL C.P. and undertakes not to exploit in any way whatsoever the names, brands, logos, photos and any other elements belonging to SARL C.P. The Client undertakes to respect all the rights of SARL C.P. and undertakes not to generate any analogy in the mind of the public for any purpose whatsoever.
Hypertext links to the home page of the website
13 - LIABILITY
SARL C.P has, for all the stages of access to the website, of the process of order, of the delivery or the posterior services, only an obligation of means. SARL C.P cannot be held responsible 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.
Furthermore, SARL C.P. cannot be held responsible, to the extent permitted by the regulations in force, for direct damage, particularly immaterial or indirect damage that may result from access to the website or from inappropriate use of the products within the meaning of the article "use of the products", particularly when these products contain restrictions on use.
SARL C.P cannot be held responsible for the non-performance of its obligations due to a fortuitous event and/or a case of force majeure in the sense generally accepted by French law and courts or for causes beyond its control.
In any case, the responsibility of SARL C.P is limited to the price of the product sold, except for imperative legal provisions to the contrary.
14 - FORCE MAJEURE / ACTS OF GOD
SARL C.P cannot be held responsible if the non-execution or the delay in the execution of any of its obligations, as described in the present document, results from a case of force majeure within the meaning of article 1218 of the civil code.
Cases of force majeure include, but are not limited to, total or partial strikes by employees of SARL C.P. or those of its suppliers, subcontractors or carriers, pandemics, fire, storms, floods, earthquakes, explosions, accidents, terrorist acts, war, etc., as well as all cases recognised as such by the State and/or case law.
The execution by SARL C.P of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the execution.
SARL C.P. will inform the customer of such a fortuitous event or force majeure within fourteen (14) days of its occurrence.
In the event that this suspension continues beyond a period of one (1) month, the Customer will then have the possibility of cancelling the order in progress, and will then be refund under the conditions set out above.
15 - PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
16 - COMPLETENESS
These general terms and conditions of sale and the order summary form sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of contradiction between these documents, the general terms of sale shall prevail.
17 - DURATION
The present conditions apply throughout the duration of the online services offered by SARL C.P.
17 - EVIDENCE
The computerised registers, kept on the servers of SARL C.P or on those of its hosts, will be considered, unless proven otherwise, as proof of the communications, orders and payments made between the parties.
18 - APPLICABLE LAW - COMPETENT JURISDICTION
The present conditions are subject to French law.
Under no circumstances does SARL C.P. give any guarantee of compliance with local legislation that may be applicable when a Customer accesses the website from another country.
In the event of a dispute, the dispute will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the competent French court for a dispute opposing SARL C.P to a non-professional and of the Commercial Court of Paris for a dispute with a professional.
In accordance with Article L. 612-1 of the French Consumer Code, the Customer may have recourse, free of charge, to the mediation service CNPM MEDIATION CONSOMMATION, to which SARL C.P. belongs, with a view to the amicable resolution of a dispute: by electronic means firstname.lastname@example.org , or by postal means CNPM MEDIATION CONSOMMATION, 27 avenue de la Libération 42400 SAINT-CHAMOND
Before referring the matter to the said mediation service, the Client must have contacted́ SARL C.P by e-mail at the following address: email@example.com to try to resolve the dispute.