Site published by DCM, a simplified joint stock company under French law with a share capital of €35,000 registered with the Paris Trade and Company Register under number 802 046 045, whose registered office is located at 16, rue de Thorigny, 75003 Paris and whose intra-community VAT number is FR 88 802046045.
Its publication director is Mrs Dorothée CONTOUR-MOREL, President of DCM.
To contact the DCM team you can write to the following address: DCM 10, rue d'Alger 75001 Paris or send an email to email@example.com or call 01 42 33 82 51 (non surcharged number) (Monday to Friday from 10:00 am to 6:00 pm except public holidays).
The technical hosting of the Site is provided by the company Shopify. The Site was created by the company Delta SAS and by Sibylle Heelein and Camille Vignaud for La Chambre Graphique.
OUR GENERAL TERMS AND CONDITIONS OF SALE
DCM (hereinafter the "Seller"), a simplified joint stock company with a share capital of €5,000 registered with the Paris Trade and Companies Registry under number 802 046 045 R.C.S, whose registered office is located at 16, rue de Thorigny, 75003 Paris and whose intra-community VAT number (hereafter "the Seller") is FR 88 802046045, is active in the creation, manufacture and marketing of jewellery and watchmaking items (hereafter "the Creations") under the brand JEM name Jewellery Ethically Minded.
DCM offers, via its website, www.jem-paris.com (hereinafter the "Site"), a system for the online marketing of its Creations (hereinafter the "Online Sale").
The Online Sale of the Creations on the Site is governed by these general conditions of sale (the "General Conditions of Sale" or the "GCS").
Article 1: Purpose and Scope of the General Terms and Conditions of Sale
The purpose of these GCS is to define the terms and conditions of the contractual relationship between the company and any consumer, whether a natural person or a non-professional legal entity, (hereinafter the "Buyer" or "You") wishing to make a purchase via the commercial website accessible at the following address www.jem-paris.com (hereinafter the "Site").
The General Terms and Conditions of Sale specify, in particular, the terms of order, payment, delivery and management of any returns of the Creations ordered.
The present GTC are reserved for consumers only, within the meaning of the law and case law, acting exclusively on their own behalf and with full legal capacity.
You state as follows:
- to be at least 18 years old and to be legally capable or to be authorized by your legal representatives to place an Order on the Site;
- to purchase Creation(s) for purposes that do not fall within the scope of your commercial, industrial, craft, liberal or agricultural activity.
The applicable General Terms and Conditions of Sale are those in force at the date of validation of the order.
The order of a Creation offered for sale on the Site implies your full and complete acceptance of the GCS and the GCU, which you acknowledge having read prior to any purchase of products by sending the order form by checking the box provided for this purpose during the Order.
Consequently, you are asked to read the Site's General Terms and Conditions and General Terms and Conditions carefully before making any purchase.
DCM reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Site.
Article 2: Creations offered for sale on the Site
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of the Creations sold electronically are available on the Site.
The Creations offered for sale are those which appear in the collections accessible on the Site and which are accompanied by the option "add to basket", unless exceptionally unavailable and within the limit of available stocks.
The information (name, definition, reproduction of the Creations, descriptive information (properties, dimensions, characteristics, composition)) relating to all the Creations are available in the points of sale or on the Site.
All the Creations offered for sale on the Site are new.
While DCM takes the greatest care and accuracy in putting information and descriptions relating to the Creations and data available on the Site or in points of sale online, DCM shall not be held liable for any non-substantial errors that may occur.
The photographs of the Creations are communicated for illustrative purposes and are not contractual in nature. You are invited to refer to the description of each Creation to know its precise characteristics.
The photographs of the Products presented on the Site are as accurate as possible, but DCM cannot guarantee a perfect identity between these photographs and the corresponding actual Products.
Thus, differences may result from the colour quality of the photographs, or, without being exhaustive, from the technical adaptation.
These possible differences cannot under any circumstances be interpreted as defects of conformity that could lead to the cancellation of the sale.
Any dissimilarities or non-substantial errors, in particular technical or typographical errors, which may have been introduced, shall in no case engage the responsibility of DCM and give rise to a claim on the part of the Buyer.
Article 3: Placing of orders
Orders are made from the Site.
If you wish to purchase a Creation on the Site you must follow the following purchase process, once the selection of Creations has been made:
3.1 Creation of an Account
To place Orders, you must first create an account that will allow you to manage your Orders (the "Account"). If you already have an Account, all you need to do is identify yourself.
You agree that all information provided to DCM in connection with your Order shall be in accordance with these Terms and Conditions, complete, accurate and up to date. Failing this, DCM reserves the right to cancel the Order and payment purely and simply.
When placing an Order, DCM collects the following personal data: surname, first name, identifier (in this case the Buyer's email address) and password of the Account, telephone number, Buyer's usual residence address, delivery address and means of payment. This data is necessary to process the Order and may be communicated to DCM's contractual partners involved, in particular, in the context of the execution of the Order.
You are informed that this same personal data is also collected by our bank, the bank in charge of collecting payment for Orders and combating credit card fraud.
The occurrence of an outstanding payment due to fraudulent use of a bank card may result in the personal data relating to the Order associated with this outstanding payment being entered in a "payment incident" file implemented by our bank. In this same context, any communication by the Purchaser of irregular information as well as any anomaly noted in his/her Order may also be subject to specific processing.
In accordance with the regulations applicable to personal data, you have the right to access, rectify, carry, delete, limit and oppose the processing. These rights can be exercised at the addressJEM, 10 rue d'Alger, Paris 1st or by telephone at 01 42 33 82 51 (non surcharged call) (Monday to Friday from 10:00 am to 6:00 pm except public holidays) or by email at firstname.lastname@example.org.
DCM reserves the right to refuse any order (i) made by a Buyer with whom there is a dispute over payment of a previous order; or (ii) that does not comply with these T&Cs.
3.2. Selection of Creations
You can select the Creations of your choice (provided they are available for sale online) as well as the desired quantity (within the limit of available stocks).
The total price including all taxes excluding delivery and shipping costs will be displayed on the Site.
The price excluding tax will be indicated on the invoice.
You will have to accept the Terms and Conditions of Sale (which will be available for consultation and of which you expressly acknowledge having read) to access the next step: "choose your payment method".
You will have to fill in the name and billing address to access the next step: "shipping costs".
You will be able to change the delivery address of the Creations if it differs from the billing address.
You can choose the delivery method of the Creations. Delivery times will be specified according to the delivery method chosen and the country of destination of the Creations.
3.5. Printing of the Order form
The confirmation of the order implies the acceptance, with full knowledge of the facts and without reservation, of the GCS and GCU, without prejudice to any special contractual conditions that may be binding on the Parties.
The Purchaser must confirm his/her order by clicking on the "final validation of the order" button in order to be able to print the Order form.
Confirmation of the order is also equivalent to signature and acceptance of the operations carried out.
All the data provided and the recorded confirmation are proof of the transaction.
Once the confirmation has been made, the sale is thus final, subject to the Buyer exercising his right of retraction under the conditions set out in Article 7 of the GCS.
The Buyer shall then receive by electronic means and without delay a confirmation of acceptance of payment of the Order as well as an acknowledgement of receipt summarizing and confirming the Order accompanied by the GCS applicable on the day of the Order (the "Order Confirmation").
Once the Order has been paid in full, the Purchaser may print the Order form by going to the "My Account" section and then the "Order History and Details" section by clicking on the "Print Order Form" button.
The Order form will contain the summary of the Order: Order number, Order date, delivery and billing addresses, designation of the Creation(s) ordered, prices excluding and including all taxes, delivery charges, payment terms and maximum delivery time.
3.6 Unavailability of the Creations of the Order
The offer for sale of the Creations presented on the Site is valid while stocks last.
In the event of unavailability of the Creations ordered, DCM shall inform the Purchaser as soon as possible.
DCM shall offer to supply the Buyer with a Creation of equivalent quality and price.
If the Buyer accepts, in the context of exercising his/her right of withdrawal, the costs of returns shall then be borne by DCM.
In the event of refusal, DCM shall reimburse the Buyer within thirty (30) days of receipt of payment at the latest.
DCM does not intend to sell its Creations in large quantities. Therefore, DCM reserves the right to refuse orders for more than 10 identical items.
Article 4: Prices
The sale price of the Creations is that stipulated on the Site.
The price of the Creations sold on the Site is indicated respectively, per item, in Euros (€) and all taxes included (VAT included), on the basis of the prices communicated to the Buyer and include standard packaging costs.
The prices indicated do not include delivery costs, which are added to the total amount due. These costs will be notified to you at the latest at the time of confirmation of your order.
The telecommunication costs inherent to access to the Site remain the exclusive responsibility of the Buyer.
At the time of Order Validation, the price to be paid is the all-inclusive price indicated in the shopping basket.
For sales outside the European Union, prices are understood to be ex Paris. Customs clearance and the payment of various duties or taxes are the responsibility of the Buyer.
The period of validity of the Prices is determined by the updating of the Site.
The prices of the Creations may be modified at any time, without notice. However, the Creations will be invoiced on the basis of the price list in force at the time of the confirmation of your Order.
Any change in the applicable VAT rate will automatically be reflected in the selling price of the Products.
Under no circumstances shall the prices appearing on the Site at the time an Order is placed bind DCM for future orders.
Article 5: Taxes and customs duties
It is recalled that in accordance with Article 4 of these Terms and Conditions of Sale, the prices displayed on the Site are indicated in Euros, all taxes included, excluding delivery costs.
In the event of a delivery outside the European Union or in the DOM-TOM,
- customs duties or other local taxes may be required, which are your sole responsibility and are your sole responsibility, both in terms of declaration and payment, which you accept without reservation.
You are invited to check with your local authorities prior to placing your Order.
- The prices displayed on the Site will be invoiced after deduction of VAT.
These prices are to be understood as "delivered duty unpaid", as DCM is unable to provide you with accurate information on the total amount of the costs relating to customs duties and formalities, import taxes applicable in the country where delivery is requested.
- DCM shall in no event be liable to reimburse you for any fees, taxes or customs duties paid by you in connection with your Order.
For all practical purposes, this information relating to the payment of additional costs in the event of delivery outside the territory of the European Union or in the French overseas departments and territories shall be specified on the Site to any Customer indicating a delivery address outside the territory of the European Union.
Refusal by the Customer to pay the costs relating to customs duties and formalities shall result in the cancellation of the Order and its reimbursement.
Article 6: Invoicing and terms of payment
Any bank charges are the responsibility of the Buyer (including in case of reimbursement).
The Creations are payable in cash from the Validation of the Order.
The payment of the All-Inclusive Price by the Customer is made only by credit card.
The accepted bank cards are those of the Carte Bleue, Visa, MasterCard, American Express networks.
To this end, the Customer must confirm that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own.
The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if necessary, the numbers of the visual cryptogram.
The Customer expressly acknowledges that the communication of his credit card information authorizes DCM to debit his credit card for the amount corresponding to the All-Inclusive Price of the Creations that were the subject of the Order Validation.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a bank card is irrevocable.
The transaction is immediately debited to the Customer's bank card after verification of the latter's data, upon receipt of the debit authorization from the issuer of the bank card used by the Customer. In the event that debiting the All-Inclusive Price is impossible, the Online Sale shall be immediately refused by operation of law and the Order shall be cancelled.
DCM makes every effort to ensure the confidentiality and security of data transmitted on the Site.
In order to ensure the security of payment by credit card, the Purchaser must, at the time of entering his bank details, communicate to DCM the visual cryptogram (CVV) appearing on the back of the credit card used by the Purchaser.
In the context of the fight against Internet fraud, information relating to the Purchaser's order may be transmitted to any third party authorised by law or designated by DCM for the sole purpose of verifying the identity of the Purchaser, the validity of the order, the method of payment used and the planned delivery.
Following this control, DCM reserves the right to request a photocopy of the Purchaser's identity card and/or any information relating to his identity, it being specified that any Purchaser has a right of access, rectification and deletion of personal data concerning him and processed by DCM, under the conditions provided for in the GCU.
DCM uses a secure payment tool called MERCANET. The security of the payment is based on the authentication of the Buyer, and on the confidentiality of all data. To ensure this security, MERCANET uses proven cryptography techniques and respects the various banking regulations applicable in France.
Consequently, the Purchaser accepts in advance and unconditionally that DCM may proceed with the secure transaction. The Purchaser therefore authorises his bank to debit his account in view of the records or statements sent by DCM, even in the absence of invoices signed by the cardholder. Authorization to debit the Purchaser's account is always given for the amount of the Creation(s) purchased as invoiced by DCM. In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), the debit of the sums due by the Purchaser proves impossible, the Order will not be recorded by DCM.
The sale will only be effective and therefore constitute a contractual legal relationship between the Purchaser and DCM once the sums due by the Purchaser have been duly and fully paid to DCM.
In general, it is expressly agreed between DCM and the Purchaser that emails will be deemed authentic between the parties as well as the automatic registration systems used by Customer Service or on the Site, in particular as regards the nature and date of the Order.
All invoices are dated and bear the value of the day of the purchase order.
The invoice is sent to the Purchaser upon delivery of the Designs.
Article 7: Delivery of the Order
7.1. Mode of delivery
When placing an order, you must choose one of the Delivery methods offered on the Site.
DCM reserves the right to choose the carrier.
Deliveries are made from Monday to Saturday, depending on the option you have chosen.
7.2. Delivery address
The Creations can be delivered worldwide.
The Creations will be sent to the delivery address that you will have indicated when placing the Order.
You may indicate, at your choice, the address of your residence, that of any other natural person or that of a legal entity of your choice. However, the Delivery address may not be the address of a hotel or a post office box.
It is your responsibility to ensure the accuracy and completeness of the Delivery data entered (street number, building number, staircase number, access codes, names and/or intercom numbers and any other information necessary for Delivery).
In the event of an error or omission in the Delivery information, you are solely responsible for the failure or delay in Delivery.
In the event that the Order is returned to DCM, you will be required to provide valid Delivery information.
7.3. Costs and delivery times
The delivery costs of the Creations available in stock are at the expense of the Buyer.
Your Order will be delivered at the latest in:
- a period of three working days in metropolitan France as from the payment of the order.
- a period of five working days in all countries of destination outside mainland France.
7.4. Late delivery
In the event of late Delivery, the Order is not automatically cancelled.
DCM informs you by e-mail that Delivery will be delayed.
In the event of failure to respect this delivery date, not due to force majeure, you may obtain the cancellation of the sale in accordance with the provisions of Articles L.114-1 and L.121-20-3 of the French Consumer Code, by registered letter with acknowledgement of receipt, if, after having enjoined DCM, in accordance with the same terms and conditions, to deliver the Creation(s) within a reasonable additional period of time, DCM has failed to do so, in accordance with the provisions of Article L.138.2 of the French Consumer Code.
In the event that the Order has not yet been dispatched when DCM receives your cancellation notice, the Delivery shall be blocked and you shall be reimbursed any sums debited within 14 (fourteen) days of receipt of the cancellation notice pursuant to Article L.216-3 of the French Consumer Code.
If the Order has already been shipped when DCM receives your cancellation notice, you may still cancel the Order by refusing the package.
DCM will then proceed to refund the amounts debited and the return shipping charges you paid within 14 (fourteen) days of receipt of the cancellation notice.
However, DCM cannot be held responsible for the consequences of a delay in delivery that is not its fault.
Delivery shall be deemed to have been made upon receipt of the Order.
7.5. Checking the order on arrival
You are required to check the condition of the packaging as well as the Creations received upon Delivery.
It is up to you to make any reservations and claims that you consider necessary, or even to refuse Delivery, when the package is obviously damaged.
The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within 3 (three) working days, not including public holidays, following the date of Delivery of the Creations ordered.
You must also send a copy of this letter to DCM.
Failure to make a claim within the aforementioned time limit shall extinguish any action against the carrier in accordance with article L. 133-3 of the French Commercial Code.
You must ensure that the items delivered to you correspond to your Order.
For this purpose, the package contains a summary delivery note.
If the items received do not comply with the specifications mentioned in the delivery note, you must inform DCM and return the non-compliant items to DCM.
Article 8: Right of Withdrawal
8.1. Right of withdrawal for orders placed within the European Union
8.1.1. Time limit for exercising the right of withdrawal
For all orders placed on the territory of the European Union of Products with the exception of customisable products (engravings for example), you have a right of retraction that you can exercise via the retraction form available in appendix 1 within 14 (fourteen) calendar days following the date of receipt or withdrawal of the Order in application of article L.221-8 of the Consumer Code without having to justify your decision or incur costs other than those necessary to return your order.
8.1.2. Procedures for exercising the right of withdrawal
You must notify DCM of your wish to withdraw by sending the model withdrawal form set out in Appendix 1 of the GCS
- by email with acknowledgement of receipt to email@example.com
- by registered letter with acknowledgement of receipt to the following address
Address: 10 rue d'Alger, 75001 Paris.
In accordance with Article L. 121-21-3 of the Consumer Code, you undertake to return the Creations subject to retraction within a maximum period of fourteen (14) days from the date of sending the retraction form to the postal address indicated above.
If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
DCM will acknowledge receipt of your exercise of your right of withdrawal electronically.
The Designs must be returned in perfect resale condition (not worn, not damaged, not damaged or soiled), in their original packaging, accompanied by any accessories and a copy of the invoice.
The return costs, as well as the risks associated with them, are at your exclusive expense.
You are therefore advised to provide yourself with proof of this return, which implies in particular that the Designs are returned by registered mail with acknowledgement of receipt, or by any other means giving a certain date.
If the Creations are not in perfect condition for resale, the return will be refused and no refund will be made and the cost of returning the package will also be charged to you.
8.1.3 Consequences of the exercise of the right of withdrawal by the Buyer
If you exercise your right of retraction under the conditions provided for in this Article, you will be reimbursed for the Creations returned, as well as for the delivery costs of the order within fourteen (14) days from receipt of the Creations in perfect condition returned to DCM.
An email will be sent to the Customer to inform him/her of the refund of the returned items.
In compliance with the provisions of Article L.121-21-3 of the French Consumer Code, the costs of returning the Creations shall be borne by you, except in the event of a defect or non-conformity of the Creations delivered.
In the latter case, the costs of returning the Designs will be the responsibility of DCM, with the exception of any additional costs you may have incurred if you have expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
In the event that you have received the Designs after your withdrawal, the amount of the Order will be refunded to you upon receipt by DCM of the Designs concerned, provided that they have been returned in perfect condition for marketing.
In the event that you would like to make a size exchange of the Creation ordered, the shipping costs will be offered to you entirely for the second shipment.
8.2. Right of withdrawal for orders placed outside the European Union
For any order placed outside the European Union, the Customer will have the possibility to exercise his right of withdrawal within fourteen days from receipt of his order.
The costs of delivery of the order, the return of the ordered Articles as well as any customs taxes are and remain the responsibility of the Customer, which will be deducted from the price of the returned product in the event of a refund.
Returned items must be in their original packaging, complete, new and not soiled.
The Company shall only reimburse the price in euros of the ordered Articles returned in their original package in perfect condition within fourteen days of receipt of the returned Articles, with delivery costs, customs clearance, taxes, customs duties and any variations in the exchange rate remaining at the expense of the Customer.
DCM will not exchange the size of items ordered and delivered to a territory outside the European Union.
Article 9: Guarantees of the Buyer
The Purchaser, prior to his order, declares to have full legal capacity, allowing him to commit himself under the GCS.
If the Purchaser ordering the Designs on the Site did not have the legal capacity, his legal representatives (parents, guardians, in particular) would assume full responsibility for his order and would have to honour the price.
9.2 Breach of the Buyer's obligations
The Seller 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 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 placed by the Buyer.
Article 10: DCM guarantees
DCM is subject to the legal guarantee conditions provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code.
The provisions of this Article are without prejudice to the right of withdrawal provided for in Article 7.
10.1 Legal guarantee of conformity
You can avail yourself of the legal guarantee of conformity of the Creations offered for sale on the Site, in accordance with Articles L.211-4 to L.211-14 of the Consumer Code.
Reminder of the provisions of the Consumer Code:
Article L211-4 of the Consumer Code :
"The seller is required 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 defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code:
"To be in conformity with the contract, the property must:
1° Be fit for the use usually expected of a similar property and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted".
Article L211-7 of the Consumer Code:
"Lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8 of the Consumer Code:
"The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect in the materials supplied by him is due to its origin.
Article L211-9 of the Consumer Code:
"In the event of lack of conformity, the buyer shall choose between repair or replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost which is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
Article L211-10 of the Consumer Code:
"If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L211-11 of the Consumer Code:
"The provisions of Articles L. 211-9 and L. 211-10 shall be applied at no cost to the buyer.
These same provisions shall not prevent the award of damages.
Article L211-12 of the Consumer Code:
"The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods".
Article L211-13 of the Consumer Code:
"The provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by the law".
Article L211-14 of the Consumer Code:
"The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
10.2 Legal warranty for hidden defects
Reminder of the provisions of the Civil Code :
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.
"The seller is not bound by any apparent defects which the buyer has been able to convince himself of".
"He is bound by hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any guarantee".
"In the case of articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned to him, or of keeping the thing and having part of the price returned to him, as it will be arbitrated by experts.
"If the seller was aware of the defects of the thing, he shall be liable, in addition to the restitution of the price he received, for all damages towards the buyer".
"If the seller was unaware of the defects of the thing, he will only be obliged to return the price and reimburse the buyer for the costs incurred by the sale.
"The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect".
10.3 Common Guarantee Provisions : Warranty Exclusions
The warranty does not cover Creations to which you have made modifications.
In addition, the warranty does not apply to Products with an apparent defect.
The Creations that do not conform, do not correspond to your Order or that would be affected by a hidden defect must be returned, in accordance with the return procedure mentioned in Article 7, in perfect condition for resale (unworn, undamaged, damaged or soiled, in addition to the alleged defect), in their original packaging, accompanied by any accessories and a copy of the invoice, at the same time as the claim is sent.
If the return is accepted, the Creations purchased will be repaired, exchanged or refunded as appropriate. The delivery costs as well as the return costs (basic rate in force) will be refunded to you within thirty (30) days from the reception of the Product by the Vendor.
However, in case of unavailability of the Creations, the price of the Creations purchased, the delivery costs as well as the return costs will be refunded. Reimbursement shall be made by any means of payment within thirty (30) days from receipt of the Creations.
The risks related to the return of the Creations will be at your exclusive charge.
Methods of implementing legal guarantees
You are reminded that within the framework of the legal guarantee of conformity,
- You have a period of two years from the date of delivery of the non-compliant Creation to act with respect to DCM ;
- You can choose between repairing or replacing the Creations, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
- You are exempt from having to provide proof of the existence of the non-conforming Creation during the six months following the delivery of the good. This period is extended to 24 months for any delivery made as of March 18, 2016.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your Creation.
You can also take advantage of the legal guarantee for hidden defects provided for in Articles 1641 to 1648 of the Civil Code.
In this case,
- You have a period of two years from the discovery of the defect affecting the product;
- You must prove that the defect existed before the sale.
- You can choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code if you decide to keep the product.
Article 12: Responsibilities
12.1. Responsibility of the Buyer
You are solely responsible for your Account, which allows you to manage your Orders, the personal data contained therein and your password. For more information, you should consult the TOS [link].
You are entirely responsible for any payment incident.
You warrant that DCM shall be fully entitled to the rights to pay for any Order which you agree to honour in full.
12.2. Responsibility of DCM
DCM shall not be liable for any failure or delay in performing its obligations, in whole or in part, if such failure or delay has been caused by the occurrence of unforeseeable, irresistible and external events or if such failure or delay is attributable to you or is the unforeseeable and insurmountable act of a third party or to any other event which was not reasonably within the sole control of DCM.
DCM cannot be held responsible for any inconvenience and/or damage, direct or indirect, whether foreseeable or not, caused during the use of the Site, difficulties related to hosting and/or the Internet network, such as in particular a loss of data, an external intrusion, the presence of a computer virus and more generally any technical disruption likely to occur on the Site.
DCM also declines all responsibility in the event of interruption or inaccessibility of the Site, the occurrence of bugs or any damage resulting from fraudulent acts on the part of third parties, in particular by intrusion on the Site.
Except in the event of fraud or gross negligence and except in the event of liability for defective products, DCM's total liability for all damages for which compensation can be made under the terms of the Order that it may cause to the Buyer in connection with the Order shall be limited to compensation only for foreseeable, direct and material damages actually suffered by the Buyer as a result of DCM's failure to comply with the Order, such compensation not exceeding the amount of the Order, even if DCM has been warned of the possibility of such damages.
The Site may contain links to other websites. These other sites are not under the control of DCM and Buyer acknowledges that DCM is not responsible for the accuracy, intellectual property rights compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply any endorsement by DCM or any association with its operators.
DCM does not endorse any merchandise and has not taken any steps to confirm the accuracy or reliability of any information on these third-party sites.
You are invited to conduct any research you deem necessary or appropriate before entering into any transaction whatsoever with these third parties.
Article 13: Intellectual Property
The entire Site and each of its constituent elements (such as trademarks, domain names, texts, trees, animation software, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the exclusive property of DCM or third parties who have duly authorized DCM to use these elements.
DCM is thus the sole owner of the related intellectual property rights.
No element of the Site, whether software, visual or audio, may be used, reproduced, distributed or published in whole or in part without the prior written consent of DCM.
The creation of simple or hypertext links to the Site is subject to the prior written authorization of DCM, which may be revoked at any time.
DCM declines all responsibility (in particular editorial responsibility) for access to the Site - and its content - with a hypertext link to or on the Site.
Article 14. Confidentiality of data and cookies
DCM collects your personal data as well as, where applicable, those of the recipient of the Order, such personal information being necessary for the processing and delivery of orders and for the preparation of invoices.
You are informed that the purposes, recipients and conditions under which DCM collects and processes personal data are set out in the Site's Personal Data Policy.
Article 15: Non waiver
The fact that DCM refrains from requiring at any given time the performance of any of the provisions of these GTCs shall not be construed as a waiver of the right to subsequently invoke such total or partial non-performance.
Article 16: Validity of the GTC
If any provision of these GTC is declared invalid in whole or in part, the other provisions and other rights and obligations arising from these GTC shall remain unchanged and shall remain applicable.
Article 17: Applicable law
These GCS are subject to the law of the country in which the consumer or non-professional Customer has his main residence.
The competent court in case of dispute shall be that of the defendant's place of residence or, at the plaintiff's choice, the place of actual delivery of the Product.
Article 18: Mediation
18.1 Prior Claim
In the event of a dispute, the Customer must first contact the Site Manager:
- By telephone (Monday to Friday from 10.00 am to 6.00 pm except public holidays) to 01.42.33.82.51
- By post: DCM 16 rue de Thorigny - 75003 Paris.
- By email: firstname.lastname@example.org
18.2. Request for mediation
The provisions of the present article are reserved for Buyers having the status of consumers who purchase the Creations for their own needs.
In the event of a dispute relating to these general terms and conditions, you may use a consumer mediator free of charge in accordance with Articles L152-1 of the Consumer Code.
A list of approved mediators is available on the Consumer Mediation website at the following address: http://www.economie.gouv.fr/mediation-conso
If you live in a Member State of the European Union, you also have the possibility to file a complaint via the online dispute resolution platform (known as the "ODR" platform) accessible via the link below:
In the event of failure in the appointment of the mediator or of the mediation itself, the most diligent party may refer the matter to the competent court.
(Please complete and return this form and your order number only if you wish to withdraw from the contract. We recommend that you also specify your order number).
To the attention of
10, rue d'Alger, 75001 Paris.
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered the ..........................................
Order number :
Reçu le [……………..] (*)
Name of Client(s) :
Address of the Customer(s) :
Signature of the Customer(s) (only if this form is notified on paper) :
(*) If applicable