General Conditions of Sale www.dancefiber.com
These general conditions of sale apply between:
SAS with a capital of 14,000 euros, registered with the RCS of Compiègne under the number 811 766 039
Represented by Mrs. Lucia Della Putta as Chairman
Headquarters: 105 rue du Prêtre 60280 Venette
Telephone: +33 (0) 6 79 42 97 98
Hereinafter referred to as "TIITDESIGN"
Any natural person who acts in a private capacity or as a representative of a legal person visiting or making a purchase of ready-to-wear products, in particular the TIITDESIGN and DANCEFIBER DF brands (INPI filing n ° 4191094 and 4147271) on the website www.dancefiber .com
Hereinafter "Internet user"
Any order placed on the website www.dancefiber.com implies prior consultation and acceptance of these general conditions.
The www.dancefiber.com site being an electronic commerce space, the Internet user acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document.
The Internet user is invited to save and print these general conditions of sale, which are authentic between the parties.
The Internet user declares to be of legal age and to have full legal capacity allowing him to commit under these general conditions and thus to sign contracts under French law.
The purpose of these general conditions is to define the rights and obligations of the parties as part of the distance selling of ready-to-wear products offered on the online sales space accessible within the website www.dancefiber.com from placing the order with after-sales and warranty services, including payment and delivery.
2- Opposability of the general conditions of sale
The version of the general conditions of sale opposable to the Internet user is that appearing on the site at the time of validation of the order by the Internet user.
The different versions of the general conditions of sale are archived by TIITDESIGN.
The general conditions of sale are likely to be modified or deleted at any time.
3. Unavailability of the site
The www.dancefiber.com website or access to one or more services within the site such as the online sales space may, without notice or compensation, be closed temporarily or permanently without any Internet user can claim any compensation.
The products offered for sale by the company TIITDESIGN are those appearing on the site www.dancefiber.com on the day of consultation of the site by the internet user.
The products are offered within the limits of available stocks. In the absence of product availability, the TIITDESIGN company undertakes to inform the Internet user by any means at its convenience within the period of 5 days from the order.
In this case, TIITDESIGN may, in agreement with the Internet user, schedule a new delivery date according to its restocking. Failing agreement or the impossibility of having the product ordered, TIITDESIGN will reimburse the sums paid by the Internet user as soon as possible and at the latest within 30 days, without the latter being able to claim a any compensation.
4.2 Information / guarantees
The greatest care is taken to put online, before placing the order, information relating in particular to the essential characteristics of the products offered for sale, the terms of payment and delivery. However, slight variations in the representation of the product and not relating to the essential characteristics may be present. These variations can in no way engage the contractual liability of TIITDESIGN.
The information posted on the site www.dancefiber.com does not in any way exempt the Internet user from knowing any other information attached to the product or carried on the product or its packaging (precautions for use, maintenance, conditions of 'use …).
The products offered comply with current French legislation and the standards applicable in France.
4.3 Use of products
The customer undertakes to use the products in accordance with their destination and to comply with the instructions affixed to the product markings for proper use and maintenance of the latter.
The prices relating to the order of the products are indicated on the online sales area dedicated to this purpose.
Prices are displayed in euros, including tax.
These prices do not take account, unless otherwise stated, of the shipping costs, which will be indicated in addition to the price including tax before placing the order once the Internet user has made the choice of the delivery method and the delivery address. .
The prices take into account the VAT applicable on the day of the order. Any change in the rate applicable to VAT will automatically be reflected in the prices of products in the sales area.
During the confirmation by e-mail of the Internet user's order, the total amount of the order (price incl. VAT + shipping costs) will be indicated in euros.
The prices of the products do not include the communication costs linked to the use of the online sales service which remain the responsibility of the Internet user.
TIITDESIGN reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of the registration of the order.
6 - Order
6.1 Order taking
Taking orders includes the following steps:
- step 1: fill your basket.
- step 2: fill in the mandatory fields of the identification and / or information forms. The Internet user certifies the veracity and accuracy of the information thus transmitted
- step 3: consultation of the general conditions of sale.
- step 4: acceptance of all the general conditions of sale by checking the box "general conditions" (box unchecked by default) and then clicking on the box "I accept"
- step 5: Validation of the order by clicking on the "order with payment obligation" button.
The Internet user receives an electronic acknowledgment of his order.
Any order placed by the Internet user via the aforementioned steps constitutes acceptance of the general conditions.
6.2 Confirmation of the order
In accordance with applicable regulations, contractual information will be confirmed when the time comes and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the Internet user on the voucher. control.
This confirmation email will include the following information:
- description of the products;
- identification of the order number;
- the total amount of the order (price excluding tax, price including tax, shipping costs);
- a reminder of the conditions for securing payment;
- the existence of your right of withdrawal;
- these general conditions of sale in PDF format.
It is up to the Internet user, under his responsibility, to keep contractual information on the medium of his choice.
TIITDESIGN reserves the right not to confirm the order, in particular in the event of refusal of payment authorization, incorrect address or any other problem on the user's account. In this case, TIITDESIGN will inform the Internet user by email.
The order only becomes final after:
- payment of the entire price by the Internet user;
- verification of the availability of the product by TIITDESIGN within a maximum of 5 working days from the sending of the email acknowledging receipt of said order to the Internet user.
For the placing of orders, working hours are from Monday to Thursday from 8h to 18h except public holidays.
As with orders, any Pre-order will be confirmed when the Customer clicks on the "Place my order" button. Confirmation of the Pre-order implies acceptance by the Customer of the GTC and the essential characteristics of the Products.
Upon registration of the Pre-order, a confirmation email summarizing it will be sent to the Customer by TIITDESIGN. In any event, the invoices are delivered upon delivery.
In the case of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum objective of a Pre-order campaign is not reached, TIITDESIGN contacts the Customer at the end of the campaign to announce their decision to reimburse or to produce.
If the decision relates to the reimbursement of the Customer, TIITDESIGN undertakes to do so within fourteen (14) days from the cancellation of the Pre-Order.
7 - Payment
7.1 Payment methods
Payment is made online by bank card. The product invoice will be inserted in the package containing the product ordered.
The order is not final until it has been confirmed by the payment of the price by the buyer.
For payments by bank card made on its site, TIITDESIGN uses the secure payment service of the server of its partner banks or Paypal. All information transmitted from the www.dancefiber.com site to the payment system is systematically encrypted to ensure its confidentiality.
You can also use the Blue E-card if this service is offered by your bank. Your bank will then give you a virtual card number to make your purchase on our site.
7.2 Default of payment
In the event of non-payment of the price not justified by a legitimate reason, the company TIITDESIGN is entitled to claim from you interest for late payment calculated on the basis of the legal rate in force increased by three points applicable from the date payment due date.
In the event of contentious recovery (collection firm, lawyer or bailiff) and after a simple letter, the claims of TIITDESIGN for professional customers will be increased by 40 euros as lump sum compensation without prejudice to any action for damages.
7.3 retention of title
The delivered product remains the property of TIITDESIGN until full and effective payment of the price by the Internet user. Failure to pay may result in the claim of the product by TIITDESIGN.
The risk of loss or deterioration is transferred to the Internet user on the date of delivery of the product.
8 - Conditions and delivery times
8.1 Delivery times
The products ordered by the Internet user will be delivered within a maximum period of 15 days from the order confirmation and its payment.
In case of unavailability of the product, TIITDESIGN undertakes to inform the Internet user as soon as possible so that the Internet user can be reimbursed as soon as possible and at the latest within thirty days of payment of the sums which he paid.
In the event of a foreseeable extension of the delivery time, the TIITDESIGN company undertakes to inform the Internet user as soon as possible and by any means so that the latter can then choose whether to maintain or cancel the total or partial ordered.
TIITDESIGN cannot be questioned and held responsible for the consequences of all events beyond its control, in particular cases of force majeure or fortuitous events, which would tend to delay or prevent the delivery of the ordered product.
In the event of non-compliance with the mentioned deadline plus 7 days, the Internet user may cancel his order by sending a registered letter with acknowledgment of receipt to the address of the head office indicated at the beginning of these general conditions. Cancellation will only be taken into account by TIITDESIGN if shipping or delivery has not taken place between the sending and receipt of said letter. The Internet user will be reimbursed at the latest within 30 days of receipt of the letter recommended by the company TIITDESIGN.
The TIITDESIGN company reserves the choice of the transporter and guarantees the correct routing of the products.
8.1.1 Delivery times for Pre-orders
The Customer acknowledges that, in the event of a Pre-Order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the production volume of all the pre-ordered products.
8.2 Delivery control
The TIITDESIGN company guarantees the conformity of the delivered product with the essential characteristics described on the site www.dancefiber.com and this for a use in conformity with its destination.
The internet user is required to check the condition of the packaging and the conformity of the product delivered, and to make any reservations, if necessary, on the delivery note of the transporter.
8.3 Delivery area
Parcels are shipped from France to all countries, subject to customs constraints. The delivery in Metropolitan France is carried out at home generally via Colissimo followed, delivered without signature.
The cost of sending by Colissimo is added to the amount of the order according to the weight / volume thereof. The scales used are those in force by LA POSTE.
We advise you to go to the colissimo site for more information.
For other countries, delivery costs are indicated at the time of placing the order depending on the country and delivery options.
TIITDESIGN does not have the possibility to inform you of customs or import taxes applicable to an order for a country outside the European Union. It is therefore your sole responsibility to contact your customs office to obtain the necessary information and the costs involved in delivering your product. These taxes or import charges are your responsibility.
9 - Guarantee
9.1 Guarantee of hidden defects (see Annex 2)
TIITDESIGN is required to comply with the legal warranty for hidden defects, within the meaning of article 1641 of the Civil Code which provides: "the seller is bound by the warranty due to hidden defects in the thing which make it unfit for use of which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given it a lower price, if they had known them.
In all cases, TIITDESIGN cannot be held responsible for the misuse of the product by the Internet user, but also for non-compliance with the regulatory and legislative provisions in force in the receiving country.
9.2 Non-compliance / defect (see Annex 2)
In case of non-compliance of the product delivered, the buyer must inform TIITDESIGN Customer Service by e-mail, clearly recording the non-compliance found.
The non-professional buyer has two years from the day he takes possession of the product to implement the guarantee of conformity.
9.2.1 If the fault appears within 6 months of purchase
If the product defect appears within 6 months of purchase, it is presumed to exist on the day of acquisition.
9.2.2 If the fault appears more than 6 months after the purchase
If the defect appears more than 6 months after the purchase, the purchaser can benefit from the guarantee of conformity only if he provides proof that the defect existed on the day of purchase.
To this end, the buyer can present any document likely to attest to the non-conformity of the product.
9.2.3 Taking into account the buyer's request
TIITDESIGN undertakes, in light of the buyer's request, to exchange or reimburse the product to the buyer. If there is a clear cost difference between the 2 options, TIITDESIGN will opt for the cheapest solution. When returning due to defect, TIITDESIGN reimburses the shipping costs on presentation of the corresponding supporting documents and in any event according to the rates in force. The reimbursement is made in proportion to the price of the product over the entire order (or pre-order).
Subject to the purchaser's consent, TIITDESIGN may offer him a credit in lieu of the exchange or refund.
The stipulations of this article do not prevent you from benefiting from the right of withdrawal provided for in article 10.
10 - Right of withdrawal
If the Internet user is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.
In application of article L 121-16 and following of the consumer code, the non-professional Internet user has a withdrawal period of fourteen days from the date of receipt of the order for the items he orders (or pre-order).
If the non-professional Internet user uses this right of withdrawal, the product must be returned in its original packaging, in a correct condition, that is to say without excessive handling (absence of significant deterioration of the packaging) or use, at most within fourteen days of communication of its decision to withdraw and accompanied by any accessories and notices and the indication of the invoice to which the products relate.
A product having undergone depreciation following excessive handling (in particular damaged, damaged returned incomplete) cannot be taken back. Return costs are the responsibility of the Internet user.
In the event of exercise of the right of withdrawal, the non-professional Internet user will have the choice to request either the reimbursement of their order (or pre-order), with the exception of the return costs they have incurred, or the exchange of the product. In the event of an exchange, the non-professional Internet user must attach, where applicable, the payment of the amount of the shipping costs for the shipping costs of the new product if these are higher than those of the initial order and the possible complement of the price of the order (or pre-order).
From then on, TIITDESIGN undertakes to send the new article chosen to the lay user as soon as possible.
In the event of a refund request indicated in the withdrawal form or failing to have checked the box for an exchange of product, TIITDESIGN will reimburse the non-professional Internet user within a maximum period of 14 days, counting from the date on which TIITDESIGN is informed of the exercise of the right of withdrawal, by re-crediting their bank account (secure transaction) in the event of payment by bank card or via paypal.
All returns must be reported beforehand to TIITDESIGN Customer Service:
- in priority by phone from Monday to Friday from 10 a.m. to 12 p.m. and from 2 p.m. to 4 p.m.
- by email indicated at the top of this document
The internet user must be able to provide their order and / or customer number.
11 - Protection of personal data
The information which is requested, in particular via the forms, is necessary for the processing of the order and will be communicated to the service provider (s) in charge of carrying out the order, in particular the carrier and / or any authority competent for the payment of '' a dispute between TIITDESIGN and an Internet user. They can also be used to better know the Internet user and to adapt the offer of TIITDESIGN to the needs of the Internet user. They may therefore be processed by any person from the marketing and sales departments of TIITDesign or its authorized external partners.
In accordance with the law n ° 78-17 of May 2018 'data processing and freedom' relating to data processing, the files and freedoms, the treatment of the personal information collected on the site www.dancefiber.com was the object of a declaration declaration n ° 1899007 to the National Commission for Information Technology and Liberties CNIL. Internet users have the right to access, modify, rectify and delete data concerning them. To exercise this right, the Internet user must send an e-mail to the customer service of the company TIITDESIGN at the following email address email@example.com or a letter to the address of the head office indicated at the top of these conditions general. The internet user can also, for legitimate reasons, oppose the processing of data concerning him.
12 - Intellectual property
Elements belonging to the TIITDESIGN company, such as the website www.dancefiber.com , brands including TIITDESIGN and DANCEFIBER DF (INPI filing n ° 4191094 and 4147271), drawings, models, images, sound and video clips, texts, photos, logo, graphic charter, without this list being exhaustive, are the exclusive property of TIITDESIGN.
These general conditions do not entail any transfer of any kind of intellectual property rights over the elements belonging to the TIITDESIGN company for the benefit of the Internet user.
TIITDESIGN grants you the right to access the site on a non-exclusive, personal, non-transferable basis and for use that complies with the conditions defined herein. Any other use constitutes forgery and is penalized under intellectual property rights.
The internet user refrains from infringing, directly or indirectly, the property right of the company TIITDESIGN and refrains from exploiting in any way whatsoever, names, brands, logos. The internet user undertakes to respect the entirety of the rights of TIITDESIGN and refrains from creating any analogy in the minds of the public for any purpose whatsoever.
Links of the hypertext type to the home page of the site www.dancefiber.com or any other page must be the subject of an authorization request systematically and must be withdrawn on simple request from the company TIITDESIGN.
13 - Liability
TIITDESIGN is subject to a general obligation of means and cannot be held liable for the non-performance of its obligations due to a case of force majeure in the sense generally accepted by French law and courts or for causes beyond its control. control.
In any event, the responsibility of TIITDESIGN is limited to the price of the product sold unless mandatory legal provisions to the contrary.
Furthermore, TIITDESIGN cannot be held responsible to the extent permitted by current regulations for direct, in particular immaterial or indirect damage that could result from access to the site or improper use of the products within the meaning of the article. "Use of products".
It is also recalled that hypertext links placed on www.dancefiber.com refer to other sites whose content remains under the sole responsibility of the operators and owners of these sites.
14 - Completeness
In the event that one of the clauses of this contract is null and void by a change in legislation, regulations or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
15 - Duration
These conditions apply throughout the duration of online services offered by the company TIITDESIGN.
16 - Evidence
The computerized registers, kept on the servers of TIITDESIGN or on those of its hosts, will be considered as proof of communications, orders and payments made between the parties.
These general conditions are subject to French law. This is the case with the substantive rules as well as with the rules of form.
In any case, TIITDESIGN does not give any guarantee of compliance with local legislation which would be applicable when an Internet user accesses the site from another country.
In the event of a dispute, the dispute will, in the absence of an amicable agreement, fall under exclusive jurisdiction:
the Commercial Court of Compiègne for a dispute between TIITDESIGN and a professional;
of the competent French court for a dispute between TIITDESIGN and a non-professional.
APPENDIX 1 WITHDRAWAL FORM
In application of article L 121-16 and following of the consumer code, the non-professional Internet user has a withdrawal period of fourteen days from the date of receipt of the order (or pre-order).
I, Monsieur / Madame / Mademoiselle [to be informed], inform you to use my right of withdrawal under order no. ...... .................... .. passed on your website.
As such, I ask you to please:
to reimburse the sums paid on the occasion of this order within a maximum period of 14 days from the proof of re-shipment of the product or failing this the date of actual return of the product ordered;
exchange the product for the product referenced ……… ............ on your site.
I have taken note that failing to exercise a choice between reimbursement and exchange of the product, I will be reimbursed for the aforementioned order.
I also understand that in the event of an exchange, I must settle the amount of the shipping costs for the shipping costs of the new product if these are higher than those of the initial order as well as pay the possible supplement the price of the order.
I also undertake to return the product ordered at my expense within 14 days of the date of exercise of my right of withdrawal in compliance with the provisions of article 10 of the GTC, namely a product have not suffered any impairment.
Made in ….................
EXCERPTS CIVIL CODE AND CONSUMPTION
1. LEGAL GUARANTEE OF CONFORMITY OF THE CONSUMPTION 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 is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
To comply with the contract, the product must:
(1) be suitable for the use normally expected of similar goods and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The action resulting from the lack of conformity lapses two years after delivery of the goods.
2. GUARANTEE OF HIDDEN DEFECTS CIVIL CODE
The seller is bound by the guarantee for hidden defects in the thing sold which make 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 given a lower price, if he had known them.
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.