GENERAL CONDITIONS OF SALE
The present general conditions of sale are concluded between the DCNTD FRANCE company, a French SAS with a capital investment of 100 000 euros whose head office is located 13 rue Christiani 75018 Paris, France, registered in the Paris Trade and Companies Register under number 8435709790024 (hereinafter referred to as “DCNTD”), managing the dcntdofficial.com website(hereinafter referred to as “our website”), and any person or entity (hereinafter referred to as “Client”) who makes a purchase on the dcntdofficial.com website.
The present general conditions of sale aim to define the contractual relations between DCNTD and the client and any applicable conditions for any purchases on the dcntdofficial.com website. The acquisition of a product on our website implies the unconditional adhesion of the client to the following general conditions of sale, which the client admits to had read before passing an order. Before any transactions, the client confirms that purchasing products on our website has no direct link with his professional activity and is limited to a strictly personal use and has a full legal capacity in order to engage himself with the following general conditions of sale.
DCNTD keeps the right to modify these general conditions of sale at any moment, in order to respect any new regulation or in the purpose of improving its use and its website. As a result, the applicable conditions are those existing at the date the client places the order.
By accessing, browsing and using our website, the user agrees to have fully red, understood and accepted these conditions.
The available products are those figuring on the dcntdofficial.com website within the limit of the available stock. DCNTD is committed to delivering products which are in agreement with the legal and statutory provisions regarding the health, and safety matters. DCNTD keeps the right to change the product range at any moment without prior notice. Each product is displayed on the website as a description containing all the main technical characteristics (composition, use, …). The photographs are as accurate as possible but cannot ensure a complete similarity with the offered product. The sale of the products presented on our website is made for every resident customer of countries fully authorizing the entry of these products onto their territory.
The prices figuring on the product sheets of our website are expressed in Euros (€) all taxes included (VAT), at the date of the order. Any change on the applicable rate will be reflected in product prices. DCNTD keeps the right to modify its prices at any moment, however, the price indicated on the catalogue at the date of the order will be the applicable price. The prices figuring on the catalogue do not include the shipping cost, charged in addition to the price of the product purchased after the order amount. A contribution to the shipping costs is billed to the client in agreement with the prices that are practised by our Colissimo and Fedex providers.
4. ORDER AND PAYMENT METHODS
Before any order, the client has the opportunity to create an account. The “Register” section can be found on the left-side menu. At any moment, the client will need to log in with his information in order to order or check its account (order status, profile). DCNTD offers its clients to order and pay its products in several steps, with 3 payment options:
– Payment by PayPal or credit card (through the PayPal system): the buyer selects the products in the “Basket”, he can modify the quantity or the references if needed, and check the delivery address or fill a new one in. Then, the delivery cost is calculated and communicated to him, as well as the carrier name. After, he can choose the “Payment by PayPal” method. In the next step, the client must verify all of the informations concerning the order and acknowledge and accept the present general conditions of sale by checking the corresponding case. Finally, the client will be redirected to PayPal’s secured payment interface, where he will be able to fill in his PayPal account references or his personal credit card. Once the payment is accepted, the order is recorded, and the contract is definitely formed. The payment through PayPal or credit card is done. In the case of an unauthorized use of the credit card, the client can request the payment annulation, the amount paid will be refunded. The responsibility of the card owner cannot be engaged if the contested payment has been proved fraudulent, made at distance, without physical use of the card. To obtain the refund of the contested payment and any costs concerning the operation, the client must contest it in a written way to his financial institution, within 70 days following the operation, or 120 days according to what type of contract binds him to his financial institution. The transaction is refunded by the bank maximum 1 month after the reception of the written objection. No restitution fees can be applied to the client.
– Payment by Stripe or credit card (through the Stripe system): the buyer selects the products in the “Basket”, he can modify the quantity or the references if needed, and check the delivery address or fill a new one in. Then, the delivery cost is calculated and communicated to him, as well as the carrier name. After, he can choose the “Payment by Stripe” method. In the next step, the client must verify all of the informations concerning the order and acknowledge and accept the present general conditions of sale by checking the corresponding case. Finally, the client will be redirected to Stripe’s secured payment interface, where he will be able to fill in his PayPal account references or his personal credit card. Once the payment is accepted, the order is recorded, and the contract is definitely formed. The payment through Stripe or credit card is done. In the case of an unauthorized use of the credit card, the client can request the payment annulation, the amount paid will be refunded. The responsibility of the card owner cannot be engaged if the contested payment has been proved fraudulent, made at distance, without physical use of the card. To obtain the refund of the contested payment and any costs concerning the operation, the client must contest it in a written way to his financial institution, within 70 days following the operation, or 120 days according to what type of contract binds him to his financial institution. The transaction is refunded by the bank maximum 1 month after the reception of the written objection. No restitution fees can be applied to the client.
DCNTD keeps the right to cancel and refuse any order from a client with whom a relative dispute about the payment of a previous order exists.
An order finalisation implies the acceptation of this general condition of sale, the acknowledgement of understanding it fully and the renunciation of its own terms of purchase. The totality of the informations provided, and the recorded confirmation of order, are transaction’s proofs. If the client has an email address and has filled it in the order form, DCNTD will send the confirmation of the recorded order by email. If the buyer wishes to contact DCNTD, he can send a letter to 13 rue Christiani 75018 Paris France, or an email to firstname.lastname@example.org
5. RETENTION OF PROPERTY
DCNTD keeps the full and whole property of sold products until the perfect cashing of the price, including the main thing, expenses and taxes.
Under the L121-21 article of the French Consumer Code, the client has 14 working days from the day of the delivery to exercise his right of retraction, and thus return the product to the seller to obtain a reimbursement without penalty, at the exception of the return and shipping costs. When the right of retraction is exercised, the seller is required to reimburse the totality of the amount paid by the client. Therefore, under the L121-20 article, the return cost remains at the expense of the client. Since the shipping costs are a modality of reimbursement, they can be paid by any payment manners.
The deliveries are made to the address indicated on the order form, which can only be located in the agreed geographical zone. The orders are carried out by La Poste via COLISSIMO and FedEx delivery service with tracking with or without signature. The delivery delays are only given as an information; however, if 14 working days are passed from the presupposed delivery day, the sale contract may be terminated, and the client will be reimbursed. DCNTD could give the tracking number of the parcel to the client by email. The parcel will be delivered at the client’s house by his postman. In case of absence, he will receive a notification that the postman tried to deliver the ordered products, which allows the buyer to claim the ordered products to the closest post office, for a delay indicated by this given post office. The risks inherent to the transport shall be assumed by the client from the moment where the products leave the premises of the BERRY SERVICE company, logistics providers. The client is required to verify, in the presence of the transporter’s employee, the packaging and the contents of the order at the time of delivery. In the case of damaged products or packaging during the transport, every complaint must be done to the transporter within 3 days from the delivery day. In the case of a delay caused by the seller, and only if 14 working days have already passed since the original date of delivery, the order shall be cancelled only after the client sent a formal notice through a registered letter with acknowledgement of receipt, or directly by contacting us at email@example.com. After the reception of the letter or email, the seller will have a delay of 15 working days to deliver again the product. If the seller has already undertaken the delivery within the 15 working days delay above-mentioned, there will be no order cancellation possible.
In the case of an error on the delivery address made by the client, DCNTD cannot be held responsible.
All orders having for address of billing and delivery a country outside the European Union as well as Switzerland, the costs related to the clearance, are exclusively with the load of the customer. The customer attests the process of it when he validates the process of payment, and that his order is validated.
8. RETURN FOR REIMBURSEMENT CONDITIONS
The customer is informed that returned products will not be exchanged or reimburse in credit note. The returned products must be new, unused and in their original boxes perfectly intact, at the expense of the client, unless it is due to an error on our part (wrong size or wrong product). The client can return his order within a maximum delay of 14 working days from the package’s receipt.
In case of non-compliance with the return process via the appropriate form available in the customer area, DCNTD will not be able to process the return request. All order refunded by DCNTD will not include shipping and return charges specifically related to the customer’s expense All returns must be requested via the return form available in the “Orders” section.
All the returned products must be sent perfectly intact. After receiving the parcel, DCNTD will judge of the perfect condition of the product(s). No returns will be accepted if the products were returned visibly used, or damaged because of the client use, and if this use or damages made the products inadequate for sale.
Subject to the fulfilment of the return conditions, DCNTD will proceed to the reimbursement of the returned products within a maximum delay of 30days. Special condition applicable to the sale of underwear (boxers, underpants): For hygiene reasons, except manufacturing defect, the retraction right cannot be exercised by the client in this type of contract.
Every product sold by DCNTD benefit from the legal warranty planned by the 1641 and on-going articles of the French Civil Code. DCNTD engages itself to deliver a product in line with the order passed by the client. In the case that the product is not in line with the order passed, DCNTD will accept the return and exchange or reimbursed it. Every complaint, exchange and reimbursement demand must be done by email to obtain the return slip, within 14 days after the delivery, to the following address: firstname.lastname@example.org.
In case of any problems, please contact us by email at email@example.com.
DCNTD, in the distant sale process, shall only be held by the best effort obligation. We may not be held responsible for any damage resulting from the use of the internet such as losses of data, intrusion, virus, or disruption of service or other involuntary problems. DCNTD shall not be held responsible for breach of contract, due to the occurrence of an force majeure case, and also in the case of a partial or all-out strike of the mail services, transports and of disasters caused by floods or fires.
In the force majeure case, the delivery will be reported without any compensation for the client or seller, no matter the damage suffered.
If the force majeure exceeds 4 weeks, the parties shall be entitled to terminate the contract by sending a formal notice through a registered letter with acknowledgement of receipt, without additional charges.
11. INTELLECTUAL PROPERTY
All the content of the dcntdofficial.com website, including, in a non-exhaustively way, the graphics, pictures, videos, animations, sounds, musics, logos, gifs and icons and their formatting are DCNTD’s exclusive property at the exception of brands, logos and other contents that are the exclusive property of associate companies or authors.
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of the contents, is strictly forbidden without DCNTD’s written explicit agreement. This representation or reproduction, in any form and by any manners, represents a counterfeit sanctioned by law, at the L335-2 article and by the French Intellectual Property Code. The violation of this interdiction can lead to civil and penal consequences to the counterfeiter. Furthermore, the owner of the copied content can take legal action against the perpetrator of the counterfeit.
12. PERSONAL DATA
All of the personal informations collected from the client are required to process the order, the delivery of this order and the establishment of the bill. These informations may be shared to our contractual partners in the case of the termination of an order, in particular, to ensure the transport of the ordered products. Also, an error in the informations shared by the client will make it impossible for DCNTD to process the order.
In accordance to the law n°78-17 named in French « Informatique et Liberté » of the 6th of January 1978, the client has a right to access, rectify, modify and delete at any moment, all of his personal data by sending a request to firstname.lastname@example.org
These general conditions of use and sale are subjected to the French law. Any contestation or dispute concerning the interpretation, the execution or the application of the French law will be under the exclusive competence of courts on which DCNTD depends. If the dispute cannot be resolved out of court, it will be referred to the Commercial Court of Paris.
For any other questions, please contact us at the following email: email@example.com