General conditions of sale
Effective from 07/22/2024
ARTICLE 1. PREAMBLE
DS55 is the exclusive distributor of the Caravan Pallas brand. The website www.caravanpallas.com (hereinafter the “ Site ”) is published and managed by DS55, a simplified joint-stock company with a capital of €1,000,000, registered with the Metz Trade and Companies Register under number 815 054 655, VAT No.: FR05815054655, whose registered office is located at 1 Bis rue Saint Louis, ZAC SUD, 57150 CREUTZWALD (hereinafter “ DS55 ”). These General Conditions of Sale define the rules applicable to the sale of Caravan Pallas branded products (hereinafter "the Product(s) ") on the Site, to any individual customer within the meaning of the introductory article of the Consumer Code (hereinafter the " Customer "). They govern the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.
These general terms and conditions (hereinafter the " General Terms and Conditions of Sale ") govern without restriction or reservation the sales of Products made by DS55 on the Site. DS55 reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date the order is placed by the Customer; any order for a Product offered on the Site implies the Customer's full and complete acceptance of the General Terms and Conditions of Sale in force at the time of validation of their order.
The Client declares and acknowledges:
• have the technical skills to use this Site;
• have full legal capacity allowing him to enter into commitments under these T&Cs;
• that the acquisition of the Products is exclusively intended for personal, private and non-professional use on his part;
• that as a consumer, he has specific rights which could be called into question in the event that the Products acquired as part of operations carried out using the Site are related to a professional activity.
DS55 may ask any Customer to produce additional information in order to justify their ability to order as a consumer.
The Customer declares to have obtained all the necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the Products.
The Customer finally declares to have read these General Terms and Conditions and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the legal notices and the confidentiality policy of the Site.
ARTICLE 2. CONTRACTUAL DOCUMENTS
The contractual documents are, in order of priority, made up of:
• the general conditions of use or legal notices of the Site accessible, in particular, from its home page;
• where applicable, the specific conditions of sale;
• these T&Cs;
In the event of a contradiction between documents of a different nature or of a different rank, it is expressly agreed between the parties that the provisions contained in the higher-ranking document shall prevail for the obligations in conflict of interpretation. In the event of a contradiction between the terms of documents of the same order, the most recent documents shall prevail over the others.
ARTICLE 3. ENFORCEABILITY OF THE GTC
These General Terms and Conditions come into force on the date they are posted online and will be enforceable on the date of the first use of the Site's sales area by the Customer.
These General Terms and Conditions are binding for the entire duration of use of the Site's sales area and until new General Terms and Conditions replace these.
DS55 reserves the right to modify certain provisions of these General Terms and Conditions at any time. These modifications or adaptations are binding on the Customer as soon as they are posted online and cannot apply to contracts concluded previously.
Any use of the Site's sales area by the Customer after modifications to the general conditions of sale constitutes acceptance by the latter of the new general conditions.
The Customer may at any time refuse to use the services offered on the Site but remains responsible for any prior use.
Each purchase on the Site's sales area is governed by the General Terms and Conditions applicable on the date of the order.
The Customer can access the archived T&Cs by requesting them from the help center
Unless proven otherwise, the data recorded in the DS55 computer system constitutes proof of all transactions concluded with the Client.
If a clause of these T&Cs is found to be lacking, it will be considered to be governed and interpreted in accordance with the practices in force in the online sales sector.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions.
In the event that any of these T&Cs is recognized or declared null or in violation of a public policy provision, said clause will be deemed unwritten and all other clauses will remain in force, unless the remaining obligations become manifestly unbalanced for one or other of the parties.
ARTICLE 4. PRODUCT INFORMATION
The Products offered for sale by DS55 are those appearing on the Site on the day of consultation by the Customer. Each Product is the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the sizes and colors available, the composition, as well as the specific characteristics.
Minimal differences between a Product and its photograph may exist due to technical limitations of color rendering of computer equipment. DS55 undertakes to deliver Products that meet the current requirements relating to the safety and health of people in accordance with European provisions, in particular the legislation on regulated chemical substances.
For any questions relating to the Products and their use, any additional questions or requests for advice, the Customer can contact DS55 by calling customer service at 03 87 93 80 43 (price of a local call), during the hours indicated in the “Help Center” tab of the Site.
The Customer acknowledges having received, prior to the conclusion of the Contract, in a clear and comprehensible manner, the information specified in Articles L.111-1, L.111-2 and L.221-5 of the Consumer Code, and in particular:
• The essential characteristics of the Products offered and the ancillary services;
• The total price of the Products including all taxes and, where applicable, all additional charges or, where these charges cannot reasonably be calculated in advance, a statement that these charges may be payable;
• Where applicable, the date or deadline by which the professional undertakes to deliver the Products;
• Information relating to the identity of DS55 and, where applicable, its activities, its postal, telephone and electronic contact details;
• Information relating to legal guarantees, the existence and methods of implementing guarantees and other contractual conditions as well as, where applicable, after-sales service and information relating to other contractual conditions;
• The possibility of using a consumer mediator.
ARTICLE 5. ORDER
Any order implies unreserved acceptance of these General Terms and Conditions, the privacy policy and the legal notices available on the Site, without prejudice to any special conditions agreed between the parties. No special conditions derogating from common law will be enforceable unless accepted in writing.
5.1 General
To facilitate the Order process, the Customer can create a Customer Account. By creating a Customer Account, the Customer saves their personal data and will no longer have to provide it for subsequent Orders.
A Customer account can be created either during the order process when validating the basket, or beforehand by clicking on "Log in" which appears on all pages of the site.
The Customer must identify themselves using their email address, which must be valid, and choose a password. The Customer's own password must then be confirmed. These details are confidential. The Customer is solely responsible for the consequences of using their account, until it is deactivated.
To continue with the registration, the Customer must provide their first and last name, year of birth, usual residential postal address, telephone number and email address. The address of a hotel or any other holiday resort, a PO box and/or a poste restante service does not constitute a usual residential address.
The Client must provide truthful and accurate information and must update it following any changes affecting it. Any changes must be made online and take effect on the next business day.
DS55 may, as of right, without notice or compensation, deactivate a Customer's account in the event of non-compliance by the Customer with the conditions of sale, non-payment by the Customer of sums due or actions contrary to the interests of DS55.
Any Customer who wishes to deactivate their account must notify DS55 by clicking on "Contact".
5.2. Order process
Orders are made exclusively via the Site.
The Customer places his order by completing the following five steps:
• Product Selection: The Customer selects the chosen Products and adds them to their basket after selecting the desired size and color.
• Checking the basket: The Customer checks the contents of their basket by clicking on “order” to access the summary of their order. They can then modify their order. The total amount including tax for the order, distinguishing the price of the Products and the delivery costs, is indicated in the summary. If they have an advantage code, they must enter it in the space provided for this purpose.
• Delivery and billing details: The Customer enters their delivery and billing details. Unless otherwise specified, the billing address will automatically be the same as the delivery address. If the Customer already has an account, they log in with their email address and password.
• Payment: The Customer deploys the payment methods by clicking on the “proceed to payment” button. He will then be able to choose his payment method and enter his bank details. DS55 may modify at any time the assortment of Products offered for sale on its Site, in particular depending on constraints linked to its suppliers, without prejudice to orders already placed by the Customer.
An Order is registered on the Site when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and confirms their Order. The Customer has the opportunity to check the details of their Order, its total price and to correct any errors before confirming their acceptance (in accordance with Article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions and constitutes proof of the contract between the Customer and DS55.
Upon acceptance of payment, the Customer receives a confirmation email summarizing the items ordered, the billing and delivery address, as well as the delivery date. Validation of the order and the confirmation sent constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.
The order confirmation is recorded in the DS55 registers, kept on a reliable and durable medium.
5.3. Unavailability/cancellation of order
In the event of unavailability, missing and/or out-of-stock Products, the Customer will be informed as soon as possible of the partial delivery of their order or of its cancellation.
In the event of total cancellation of the order due to unavailability, the Customer's bank account will not be debited (in the case of payment by card). Any amount definitively received by DS55 will be refunded to the Customer as soon as possible.
In the event of partial cancellation of the order due to unavailability, the Customer's order will be validated and their bank account will only be debited for the amount of the available items actually shipped. Any amount definitively received by DS55 will be refunded to the Customer up to the amount of the unavailable Products as soon as possible.
5.4. Refusal of order
DS55 reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous orders.
Likewise, DS55 reserves the right to refuse any Order from a Private Customer in the event of legitimate reasons within the meaning of Article L.121-11 of the Consumer Code and the case law issued on the matter and in particular when:
• the number of items or the amount to be paid (for a single or multiple combined orders) does not correspond to the usual average usage of a household,
• the order would suggest that an economic activity is carried out by the Customer in connection with the items ordered
ARTICLE 6. PRICE
Prices are shown in euros, all taxes included, excluding delivery charges. Value added tax is the tax in effect in the country of delivery on the day the order is validated.
The prices applied are those communicated on the Site and confirmed to the Customer when the order is validated.
Delivery costs are communicated to the Customer on the order summary before validation of the order and are expressed inclusive of all taxes. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products.
DS55 reserves the right to modify its prices at any time, depending in particular on the cost of raw materials and economic and professional conditions, within the framework of the legal provisions in force.
Promotions such as "Free Shipping" are subject to change regularly. These promotions are one-off. Promotional Products are advertised on the Site's homepage and are only valid under certain conditions.
All discounts applied, whether expressed as a percentage or in value, are distributed proportionally to each product concerned.
The different methods of delivery of the Products as well as their amount are specified on the Site at the time the order is placed.
In the event of a price change and when the Products covered by the same order have not been delivered in full, the balance of the order will be invoiced at the price in effect on the day of the order.
An invoice is issued by DS55 and given to the Customer upon delivery of the Product or collection of the Products ordered. At the Customer's request, this invoice may be issued exclusively electronically.
ARTICLE 7. PAYMENT CONDITIONS
7.1. Payment process
Unless otherwise stated, the price of the order is payable in full and in a single payment.
If payment is accepted, an order confirmation will be sent to the Customer.
If unsuccessful, the Customer has up to three attempts to re-enter their bank details. After the third refusal, they will be invited to contact customer service.
The order confirmation is recorded in DS55's records, stored on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
7.2. Payment methods
7.2.1. Bank card
When the Customer orders on the Site, he selects the type of credit card used in the space dedicated to the payment process and enters his bank details in the indicated fields. The site accepts cards (Visa, Mastercard, American Express). The Customer must enter his card number, its expiration date and the numbers of the visual cryptogram. Depending on the amount, 3D-Secure authentication may be requested from the customer.
Credit card payments are secured by Payplug (General Conditions of Use: https://www.payplug.com/fr/mentions-legales/), and are PCI-DSS certified.
7.2.2. Paypal
The Customer can also pay for their purchases using the secure PayPal payment system. Payments through the Customer's PayPal account are made on the secure PayPal website (www.paypal.com). All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted, or used by third parties.
ARTICLE 8. DELIVERY
8.1. Place of delivery
Delivery of the Products may take place in Metropolitan France (including Corsica and Monaco) as well as any other destination, provided that the recipient pays the taxes or customs duties applicable to the country of destination.
8.2. Delivery time
DS55 will deliver orders with a delivery note within a maximum of ten (10) working days for Metropolitan France, and twenty (20) working days for any other destination, starting from the day following payment of the order. Orders placed on the Site from Monday to Friday before 2 p.m. are processed the same day; after 2 p.m., they are processed the following day. Orders placed on Friday after 2 p.m., on Saturday and Sunday are processed the following Monday.
In the event of a delay in delivery, DS55 will inform the Customer as soon as possible. The Customer may also notify DS55 of the delivery delay by contacting customer service.
DS55 undertakes to do what is necessary to determine the cause of the delay and find an appropriate solution for the effective delivery of the Products ordered as quickly as possible.
However, if the Products ordered have not been delivered within the time indicated or, failing that, within thirty (30) days after confirmation of the order, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L.216-6, L.216-7 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding (Art. L.216-7 C. Conso).
The amount paid by the Customer is automatically increased by 10% if the reimbursement occurs no later than fourteen (14) days beyond this term, by 20% up to thirty (30) days and by 50% thereafter. (Art. L.241-4 C. Conso)
8.3. Transport and delivery tracking
Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
The package containing the ordered and paid Products is delivered by hand, to the exact address mentioned when placing the order. Deliveries are made against signature.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by DS55, the costs related thereto will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
For online orders placed on the Site, an email will be sent to the Customer to notify them of the dispatch of their Product and will provide them with all the information to track the execution of the order. DS55 cannot be held responsible in the event of non-receipt of the email message if the email address provided by the Customer is incorrect.
The Customer is required to provide a correct delivery address and a telephone number for the carrier. In the event of an error and/or changes to this data that are not reported, or in the absence of the Customer, which would result in the return of the Product, the storage costs, as well as all related costs, will be the sole responsibility of the Customer, upon presentation of an invoice and supporting documents.
In cases where the Customer has arranged an appointment with a carrier for the delivery of the Product, it is specified that DS55 reserves the right to invoice, upon presentation of supporting documents, the costs of a second presentation by the carrier, in cases where the Customer has not respected the terms of the first appointment made with the carrier.
Likewise, in the event of absence at the time of delivery, a delivery notice can be left in the mailbox attached to the delivery location. The Customer is then invited to contact the carrier or customer service directly.
In cases where the actual configuration of the delivery location would physically prevent the unloading of the Products, the carrier reserves the right to cancel the delivery. In this case, the delivery costs will remain the responsibility of the Customer. It will be the Customer's responsibility to contact customer service. New terms and costs for shipping the order will then be communicated to them.
8.4. Provisions of the Consumer Code
L.216-6 of the Consumer Code
I.-In the event of a failure by the professional to fulfil his obligation to deliver the goods or provide the service under the conditions provided for in Article L. 216-1, the consumer may:
1° Notify the professional of the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the civil code;
2° Terminate the contract if, after having formally notified the professional to carry out the delivery or provide the service within a reasonable additional period, the latter has not performed within this period.
The contract is considered terminated upon receipt by the professional of the letter or document informing him of this termination, unless the professional has performed in the meantime.
II.-The consumer may, however, immediately terminate the contract:
1° When the professional refuses to deliver the goods or provide the service or when it is clear that he will not deliver the goods or provide the service;
2° When the professional does not fulfill his obligation to deliver the goods or provide the service on the date or at the expiry of the period provided for in Article L. 216-1 and this date or period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
The provisions of this article are without prejudice to the allocation of damages.
L.216-7 of the Consumer Code
When the contract is terminated under the conditions provided for in Article L. 216-6, the professional reimburses the consumer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated.
L.241-4 of the Consumer Code
When the professional has not reimbursed all of the sums paid by the consumer under the conditions provided for in Article L. 216-3, this sum is automatically increased by 10% if the reimbursement occurs at the latest thirty days beyond this term, by 20% up to sixty days and by 50% thereafter.
ARTICLE 9. CONFORMITY
Generally, the Products are delivered in packaging with sufficient protection to ensure safe transport.
Upon delivery or taking possession of the Product, in order to facilitate DS55's recourse against the carrier, the Customer is invited to check the condition and contents of the package delivered or collected before signing any delivery document.
If an anomaly is found (torn or open packaging, missing or damaged products, etc.), DS55 advises the Customer to refuse the package.
If the Customer accepts delivery despite noting anomalies (breakages, damage, non-conformity: error in Products, colors, dimensions; missing items, etc.), he must issue the necessary reservations, detailed, legible, and as precise as possible.
If the Customer was not able to express reservations upon delivery or collection of the package, he is invited to express his reservations to Customer Service (at the following address: Customer Service, DS55, 1B rue de Saint Louis, 57150 CREUTZWALD, or via the "help center" in the "help me" section within 3 days, excluding public holidays following receipt of the item(s), and at the latest within 10 days, excluding public holidays following receipt of the item(s).
These provisions do not exclude the Customer's recourse under the legal guarantee of conformity referred to in Article 12.2 below.
ARTICLE 10. TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
10.1. Transfer of ownership
The transfer of ownership of the Products to the Customer will only take place after full payment of the Price by the latter, regardless of the delivery date of said Products.
10.2. Transfer of risks
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer, or a third party designated by the Customer to receive them, takes physical possession of the Products.
ARTICLE 11. RIGHT OF WITHDRAWAL
Under the terms of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the day after delivery or collection of the Products ordered, to exercise his right of withdrawal from DS55, without having to provide reasons or pay penalties, for the purpose of exchange or reimbursement.
If the period of fourteen (14) working days expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
If the Customer exercises his right of withdrawal, the Products must be returned in their original packaging, in new condition for resale, accompanied by all accessories and instructions in perfect condition for resale, a copy of the original purchase invoice to which the Products relate and the return number provided by DS55 customer service.
The Products must be returned in their original packaging, with their label and any accessories, in perfect condition. The product must not have been worn, washed, or altered under any circumstances. Otherwise, this could result in DS55 holding the Customer liable under the conditions of Article L. 221-23 of the French Consumer Code.
The right of withdrawal can be exercised online by accessing our Help Center , where you will find all the necessary information and procedures, or by post to the following contact details:
DS55
1 Bis rue St Louis
57150 CREUTZWALD
And by using the model form attached to these T&Cs (or any other equivalent declaration free from ambiguity as to the desire to withdraw).
Upon receipt of the withdrawal request, confirmation on a durable medium will be immediately communicated to the Customer by DS55, who will offer:
- Either a prepaid voucher to return the Product concerned. If applicable, the amount of this prepaid voucher will be deducted from the reimbursement made by DS55 for the withdrawal;
- Either return the Product concerned to the Customer
In any event, DS55 will send the Customer a return agreement containing a return number and specifying the terms and conditions for returning the package. The Customer must print and affix this return number to the package to enable faster processing of the request.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased will be refunded; in all cases, return costs are borne by DS55 for certain countries (Metropolitan France, Corsica, Germany, Belgium, Luxembourg, the Netherlands, Spain). For other countries, a prepaid return slip can be downloaded, but a fixed amount will be deducted from the refund.
The Customer undertakes to send to DS55 the Products subject to withdrawal within fourteen (14) calendar days following the sending of the notification of his decision to withdraw.
In the absence of receipt of the Product or proof of shipment thereof within this period, DS55 reserves the right to postpone the reimbursement of the Customer until the day of receipt of said Product.
The refund may be made within a maximum period of fourteen (14) working days from receipt by DS55 of the Products returned by the Customer under the conditions set out in this article.
The amount paid by the Customer is automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiry of the deadlines set out in the first and second paragraphs of Article L. 221-24, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points per new month of delay up to the total sale price of the Product concerned by the withdrawal, then by the legal interest rate.
DS55 will reimburse the Customer using the same payment method as that used on the day of the order, except in the case where the payment method used does not allow it.
No refunds are made in store.
Furthermore, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the Customer and cannot under any circumstances be exercised by the recipient of the gift.
ARTICLE 12. LIABILITY – GUARANTEES
12.1. Liability
DS55 cannot be held liable, in whole or in part, when the Customer does not comply, in whole or in part, with the present General Conditions of Sale, or in the event of an unforeseeable and insurmountable act of a third party or in the event of force majeure within the meaning of Article 1218 of the Civil Code as interpreted by case law.
DS55 cannot under any circumstances, even if its liability were incurred, be held liable for compensation for indirect damages.
The Products offered for sale on the Site comply with current French legislation. DS55 cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered (for example, in the event of a ban on a title or product). It is the Customer's responsibility to check with local authorities the possibilities of importing or using the Products they plan to order.
DS 55 cannot be held responsible for elements beyond its control and for damage that may be suffered by the technical environment of any user of the Site, in particular computers, software, network equipment (modems, telephones, etc.) and any hardware used to access or use the Site.
12.2. Legal guarantees
The Products supplied by DS55 benefit automatically and without additional payment in accordance with legal provisions:
- the legal guarantee of conformity (art. L.217-1 to L.217-17 Consumer Code), for Products which are apparently defective, damaged or damaged or do not correspond to the order;
- the legal guarantee against hidden defects (art. 1641 to 1649 of the Civil Code) arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Concerning the legal guarantee of conformity, under the conditions and according to the terms referred to in the box below, the Client:
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.
If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover ( Article L. 241-5 of the Consumer Code ).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund upon return of the good.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.
In order to assert its rights, the Customer must inform DS55 in writing at the contact details indicated in article 13 of the non-conformity of the Products or the existence of hidden defects and return the Products.
DS5 will refund, replace or repair (as applicable) Products under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the Store's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by bank check addressed to the Customer, or any other means expressly accepted in writing by the Customer.
Notwithstanding the foregoing, DS55 shall not be liable in the event of misuse, use for professional purposes, negligence on the part of the Client, accident or force majeure.
The DS55 guarantee is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 13. CUSTOMER SERVICES
For any questions or problems regarding an order or the use of a product, we invite you to consult our Help Center , where you will find all the necessary information and the steps to follow. You can also contact us by phone at 03 87 93 80 43 .
In more detail, if a defect is found:
- The Customer must contact customer services as soon as possible, explaining the elements observed; the production of photographs may be requested from the Customer by customer services;
- An initial diagnosis is then drawn up by customer service;
- Generally, returns of Products without prior authorization from DS55 are not accepted.
ARTICLE 14. FORCE MAJEURE
The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 15. INTELLECTUAL PROPERTY
All elements (including but not limited to: brands, logos, texts, illustrations, graphic charter, images, photographs, films, product models, etc.) reproduced or represented on the Site are the exclusive property of DS55, or the latter have the rights allowing this reproduction or representation on the Site.
Any reproduction, imitation, use, including partial use, of these elements by any third party not expressly authorized is strictly prohibited and may give rise to prosecution, in particular on the basis of the provisions of the Intellectual Property Code. These acts may also be prosecuted on the basis of the image rights of the models whose images are reproduced on the Site.
ARTICLE 16. PERSONAL DATA - TELEPHONE CANVASING
In application of Regulation (EU) 2016/679 of April 27, 2016 known as "GDPR" and Law No. 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that certain personal data of the Customer requested by DS55 are necessary in particular for the processing and payment of the order, for any complaints relating thereto and for invoicing, as well as for the communication of "newsletters" from DS55 and relating to Products similar to those already ordered.
In accordance with current regulations, the Client's personal data may be communicated to potential DS55 partners responsible for the execution, processing, management and payment of orders.
In any case, personal data is not transferred outside the European Union.
The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with the regulations in force, the Client has at any time and under certain conditions specific to each of the rights, a right to information, a right of access and rectification, opposition, erasure, limitation of processing and portability of all of his personal data by writing to DS55 either by using the Help Center accessible in the “Help me” section, “Help Center” tab of the Site, or at the following postal address:
DS55
1 Bis rue St Louis
57150 CREUTZWALD
PLEASE NOTE: Processing times for the request will be increased if it is made by post.
The Client also has the right to lodge a complaint regarding the use of his or her personal data with the CNIL: Commission Nationale de l'Informatique et des Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01 53 73 22 22 - Fax: 01 53 73 22 00
In addition, in accordance with Article L.223-1 of the Consumer Code, the Customer has the option of registering free of charge on a list of opposition to telephone canvassing via the website www.bloctel.gouv.fr or by mail by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret in TROYES (10000).
ARTICLE 17. DISPUTES – CONVENTIONAL MEDIATION
In the event of disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions may give rise, the Customer may send a written complaint to customer service, the contact details of which are specified in article 13 of these General Terms and Conditions.
Complaints or disputes will always be received with attentive kindness, good faith always being presumed in those who take the trouble to explain their situation.
Upon receipt of the request, DS55 will assign a file number allowing operational monitoring.
The evidence, both incriminating and exonerating, will be recorded by DS55 in various forms (photos of the returned materials, expert and/or test reports, technical data sheets, etc., non-exhaustive list).
If the Customer is not satisfied with the response provided by DS55 customer service, or in the event of no response within thirty (30) days of sending the request, he may, in accordance with Article L.612-1 of the Consumer Code, send a written complaint to the mediation service to which DS55 adheres, the contact details of which are as follows:
FEVAD Consumer Mediator
BP 20015 – 75362 PARIS CEDEX 8
The solution proposed by the consumer mediator is not binding on the parties, who therefore remain free to withdraw from the mediation process at any time.
Furthermore, it is recalled that the Customer may also submit a complaint on the Online Dispute Resolution (ODR) platform made available by the European Commission and accessible at the following address:
https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
ARTICLE 18. COOKIES
DS55 uses cookies to process Customer orders and personalize the services offered on the Site. Cookies store the Customer's identity and the contents of their shopping cart for 30 days. The Customer can refuse the use of cookies by configuring their browser, but will then lose all personalization of the service.
ARTICLE 19. LIMITATION OF LIABILITY
Placing an order on the Site implies knowledge and acceptance of the risks associated with the use of the Internet network. DS55 cannot be held responsible for any direct or indirect damage resulting from the use of the Site or the connection to the Internet.
ARTICLE 20. APPLICABLE LAW - COMPETENT JURISDICTIONS
These T&Cs are subject to French law.
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved amicably between the Client and DS55 will be submitted to the competent courts under the conditions of common law.
ARTICLE 21. ECO-ORGANISMS
The company DS55 is registered with the administrative authority, namely ADEME.
DS55 is a member of the eco-organizations CITEO (household packaging) and REFASHION (clothing textiles, household linen and footwear - TLC), under the following unique identifier numbers (IDU):
From REFASHION (TLC): FR336412-OIMVFE
From CITEO (packaging): FR336412-11RVLM
ARTICLE 22. FINAL PROVISIONS
The fact that one of the parties does not exercise, on one or more occasions, the rights, options, claims or actions reserved for it by these General Terms and Conditions, may not be interpreted as an abandonment or refusal to exercise said right, to exercise said option, to formulate said claim or to exercise said action.
Titles are for convenience only. In the event of a contradiction between the title and the body of an article, it is understood that the body of the article shall prevail.
In the event that any of the clauses of these T&Cs are recognized or declared null or in violation of a public policy provision, said clause will be deemed unwritten and all other clauses will remain in force.
APPENDIX 1: WITHDRAWAL FORM (TEMPLATE)
Subject: Exercise of the right of withdrawal
To the attention of:
Customer service
DS 55
1 Bis rue St Louis
57150 CREUTZWALD
In accordance with current regulations, I hereby inform you of my decision to withdraw from the contract for the sale of the product described below:
Reference of the product ordered / name of the product: xxxxxxxxx
Ordered on: xxx/xxx/xxx
Received on: xxx/xxx/xxx
Client's first and last name: xxxxxxxxx
Delivery address: xxxxxxxxx
Email address: xxxxxxxxxxx
Reason for withdrawal (optional): xxxxxxxx
Date: xxx/xxx/xxx
Signature (if this form is notified by paper)