CGU / CGV
General conditions of sale and use
ARTICLE 1 - Field of application of the General Conditions of Sale
These general conditions of sale apply to all orders placed on or with the website https://daodavy.com/(hereinafter "the Site"), published by the company "Delta DKJ", SARL with a capital of 10,000 euros, whose headquarters are located at 5, rue Saint Nicolas-54000 Nancy, registered in the RCS de Nancy under the N ° 538 894 668 and represented by his manager, M DAVY DAO (the company is below called "DAO").
The site offers the customer the sale of clothing and accessories of major brands.
Prior to his order, the Customer declares that the acquisition of these products is intended for use unrelated to their professional activity.
If this were to be the case, DAO particularly attracts the customer's attention to the exclusions of contractual guarantee and responsibility such as referred to in these GTC.
Any placing on the site supposes the knowledge of these general conditions of sales as well as the customer's agreement on the entire container.
DAO reserves the right to adapt or modify these general conditions of sale at any time.
In this case, only the general conditions of sale in force when taking the order will then be applicable.
Dao Advise the Customer to safeguard and/or print these general conditions of sale for safe and lasting conservation, and thus be able to invoke them at any time during the execution of the contract if necessary.
In all of these presents, the customer will be understood as the one with which the purchase-sale relationship is established and which will be billed under the order.
Article 2 - Price
All prices of the products and services offered for sale on the site are expressed in euros all taxes included except participation in processing and shipping costs. These processing and shipping costs are available below.
Dao reserves the right to modify its prices at any time but undertakes to apply the prices in force when registering the order subject to the availability of the products on this date.
The products remain the property of DAO up to full and whole collection of the price. However, from the removal or receipt of the order by the Customer or its representative, the risks of the goods withdrawn or delivered are transferred to the customer.
Article 3 - Order and validation
You declare that you have read and accepted these general conditions of sale before placing your order.
Orders are placed on the site excluding any other.
Contractual information is presented in French.
To place an order, the Customer follows the different order stages parading on the site, namely the selection of one or more item (s), customer identification, chooses the terms and conditions of delivery as well as the payment methods and proceeds to the finalization of the order.
The customer's attention is particularly drawn to the mode of meaning of the order placed on the site.
The "double click" and the check box on the knowledge and acceptance of the general conditions of sale, validating the order is worth "electronic signature" and is equivalent to a handwritten signature.
They constitute an irrevocable and unreserved acceptance of the order by the Customer.
Unless otherwise proof, the data recorded by DAO on the Internet or by phone constitute proof of all transactions between the company and its customers.
The contractual information relating to the order (including in particular the order number) will be the subject of confirmation by e-mail in good time and at the latest at the time of delivery/ deliverance.
A digital invoice will be sent to the Customer as soon as the order is issued.
The information communicated by the Customer when placing the order (in particular name and delivery address) undertake it. Thus, the responsibility of the company cannot in any way be sought in the event that an error when placing the order would prevent or delay delivery/issuance.
Pursuant to article 1127-2 of the Civil Code, the customer may preview his order, in the form of a summary displaying the total price, delivery costs and may modify his basket or delivery address before final confirmation of the order.
Dao reserves the right to refuse any order from a Customer with whom there is a dispute as to the payment of a previous order.
The Customer declares to have full legal capacity allowing him to commit to these general conditions of sale.
Article 4 - Availability
Product and price offers are valid as long as they are visible on the site, within the limits of available stocks.
In the event of unavailability of a product after placing the order, the customer will be informed of the period under which the product will be made available. The customer who does not wish to wait for this provision or in the event of final unavailability of the product, is reimbursed for all the sums paid if his bank account was debited and this within 14 days of the cancellation of the order in accordance In article L. 216-3 of the Consumer Code.
Article 5 - Payment
5.1 Definition
In cash on the day of the order. Payment is made by bank card, bank transfer or PayPal.
The order will only be considered accepted by the seller when the bank payment centers concerned, will have given their agreement and the seller will have validated the order with regard to his risk acceptance criteria.
In the event of acceptance of the file by the payment center and by the seller, the customer will be informed by sending the confirmation of the order by email.
In the event of refusal of the file, the order will be automatically refused and the customer will also be informed by email.
5.2 Payment means
The payment of your order must be made:
-Par bank card or credit card, accepted cards are the credit card, visa, mastercard, American Express.
-Par Paypal.
-Par Dao gift card (enter the code present on the card).
-In 2x and 3x from 100 € and in 4x from 150 € With Alma.
5.3 Paypal
Currently, this payment method is only available for online orders (not those validated by phone with customer service).
Your payment will take you a few minutes:
-Select Paypal as a payment method when completing your order.
-You will be redirected to the site of Paypal To make the payment.
-If you are already a PayPal customer, you can connect with your identifiers and confirm the payment. If you do not have a PayPal account, you can create one and confirm the payment.
-You will be redirected to Daodavy.com Once your order and payment have been validated.
5.4 Stripe
The transactions carried out on the site are secured by the payment system of the DAO partner, the company Stripe Payments Europe ("Stripe"), Irish company whose head office is the One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland .
All the information exchanged to process payment is encrypted thanks to the SSL (Secure Socket Layer) protocol, more information can be viewed on the site:https://stripe.com/help/ssl. These data cannot be detected, intercepted, or used by third parties. At no time do customer bank data transit on the DAO computer system.
The Stripe company being a technical provider, it does not take care of the disputes related to orders, which are processed directly by DAO or if necessary by the bank of the customer.
5.5 Alma
Payment in several times with Alma:
Payment in several times/deferred is available via our partner Alma. Securing payments is provided by Alma and its providers. All payments are protected by 3D Secure.
If you pay your order in several times, you acceptAlma's customer general conditions.
Amount of purchases.
Payment in 2x: only purchases between 100 € and 2000 € are eligible for payment with Alma.
3x payment: only purchases between 100 € and 2000 € are eligible for payment with Alma.
4x payment: only purchases between 150 € and 2000 € are eligible for payment with Alma.
Costs.
By paying in several times with Alma the customer pays costs for the following cases:
Payment in 2x: 0.78% per transaction.
3x payment: 1.57% per transaction.
4x payment: 2.34% per transaction.
Alma is a tele-payment manager and issues an electronic certificate which will be proof of the amount and the date of the transaction in accordance with the provisions of articles 1316 and following of the Civil Code.
Termination.
Any termination of the GTC which binds the seller and the customer, leads to the termination of the CGU ENTA Alma and the customer.
Country accepted.
Country accepted for the customer: Austria, Belgium, Germany, Spain, France, Ireland, Italy, Luxembourg and Netherlands.
Article 6 - Delivery / Deliverance
6.1 Definition
Delivery means the transfer to the customer of physical possession or the control of the property.
6.2 Delivery options
The delivery options are specified within the quote.
6.3 Delivery period
DAO undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 30 days after receipt of order.
6.4 Delivery delay
When the ordered product is not delivered or the service is not provided on the date or expiration of the period mentioned on the order form, the consumer may, after having enjoined without success DAO to execute their delivery obligation Within a reasonable additional time, resolve the contract by registered letter with request for acknowledgment of receipt or by a writing on another sustainable medium.
6.5 Delivery location
The products are delivered to the address indicated by the customer on the order form.
6.6 Delivery methods
The customer's attention is drawn to the fact that it is up to its responsibility to appreciate the feasibility of delivery and deposit, that is to say that the delivery place must be easy to access, compatible with reception of the product (dimensions of the doors, stairs). It is also up to its spring to indicate when ordering, the particularities of access (elevator, access code ...).
The customer is solely responsible for a delivery and/or deposit defect, due to a lack of indications when ordering.
Delivery is made by direct delivery of the product to the buyer or, failing that, by sending by DAO of a notice of provision to the buyer.
Within fifteen days from the notice of provision, the buyer must proceed with the withdrawal of the ordered product.
In the absence of withdrawal within the time indicated, DAO may, after a formal notice of the buyer, remained without effect, proceed with withdrawal, automatically resolve the order and keep the deposit paid.
When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check in the presence of the delivery man the state of the product delivered and, in the event of damage or missing, of Take reservations on the delivery slip or the transport receipt, and possibly refuse the product and warn themDao.
6.7 Product compliance
If the product does not comply with the order, the consumer must send a complaint toDaoin order to obtain the replacement of the product or possibly resolution of the sale.
6.8 Products unavailability
In the event of unavailability of products to delivery, DAO can offer, an equivalent product by its quality and its price.
6.9 Delivery defect
The total delivery defect leads to the automatic resolution of the sales contract.
6.10 Delivery and risk transfer
The risks of loss or damage to goods are transferred to the customer when he takes, or a third party that he has appointed, physically possession of the property, without distinction according to his nature.
The product, which is delivered to the consumer by a carrier chosen by DAO, travel at the risk of DAO.
6.11 Property transfer
From the delivery date indicated in the order form, ownership of the product is transferred to the Customer, except in the event that the full payment of the price has not been collected to the order.
Article 7 - Compliance
Excluding the case of the legal guarantee of compliance processed in article 11 below, the customer must verify the conformity of the goods delivered or removed before signing any delivery document.
In the event of an anomaly observation, the customer will indicate his reservations directly on the delivery document, followed by his signature.
In the event of a serious anomaly observation (torn, open packaging, missing products, different product reference, damaged products ...), the customer will refuse the package and specify on the delivery document the reasons for his refusal.
This verification is considered to be carried out as soon as the customer, or any person authorized to receive the package in his name, signed the delivery document.
The customer must also confirm the reservations to DAO at contact@daodavy.comwithin 48 hours of receiving the articles (s).
If the customer did not have the possibility of effectively verifying the good condition of the package, he has a period of 72 hours following the reception of the package to notify his reservations.
DAO undertakes to reimburse or exchange the products that do not comply with the customer's order (bad size, erroneous reference, damaged product, missing, etc.).
In the event of an exchange request by the Customer or Refund, the procedure established in article 8 below must be duly respected, and DAO will communicate the procedure to follow.
In all cases referred to in this article 7, the return of products can only be accepted for complete products, in their original condition (original packaging and accessories included). In these same cases, The return costs will be borne by the customer.
Article 8 - withdrawal, exchange & refund
8.1 Principle
In accordance with articles L.221-18 and following the Consumer Code, the Customer has a period of 14 calendar days from the conclusion of the contract or receipt of his article to exercise his right of withdrawal without having to motivate your decision or to bear other costsWith the exception of the return costs which remain at his expense.
In the case of an order relating to several items delivered separately the short time from the reception of the last article.
8.2 Terms to exercise the right of withdrawal
The right of withdrawal can be exercised online, using the withdrawal form available on the site, in which case an acknowledgment of receipt on a lasting medium will be immediately communicated to the customer (e- mail) by DAO, or any other Written declaration, devoid of ambiguity, expressing the will to retract.
Dao acknowledges, as soon as possible, of the customer's withdrawal by email.
8.3 Exceptions
In accordance with the provisions of article L. 221-28 of the consumer code, the right of withdrawal cannot be exercised with DAO for:
- goods made according to customer specifications or clearly personalized
- goods likely to deteriorate or expire quickly
- The goods which were unzipped by the customer after delivery and which cannot be returned for reasons of hygiene or health protection
8.4 Returning methods of articles
The Customer has a period of 14 days from the communication of his decision to withdraw to return his article, Return costs being borne by the customer.
The customer must return his article to the following address:
Dao
Customer service
93 Avenue de Metz
54320 Maxéville
For items that cannot be returned by post due to their nature or weight, the customer will be able to return to a carrier of his choice. The amount of return costs will be borne by the customer.
By ordinary law, goods travel to the risks and perils of the customer.
8.5 Refund
The customer will be reimbursed for all the sums paid, with the exception of delivery costs.
It will be made using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer so that the refund is made by another means of payment.
However, in accordance with article L. 221-23 of the Consumer Code, the customer's responsibility may be engaged by DAO in the event of depreciation of the property resulting from manipulations other than those necessary for fitting.The products should not be worn, washed and/or dried and must have been handled in accordance with the indications provided in the package.
The customer must manipulate and inspect the article, during the withdrawal period, with the necessary precaution.
Article 9 - Security
The site has an online payment security system allowing the consumer to encrypt the transmission of their banking data, of the SSL type. Payment is directly made to the bank chosen by DAO.
DAO has, in no case, access to these bank details and does not keep them on its servers, which is why they are asked for any new order on the site.
Article 10 - Intellectual property
All texts, comments, illustrations, images and photographs, brands and databases reproduced and integrated on the site are protected under intellectual property and copyright.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized. Any total or partial reproduction of the site is strictly prohibited.
Article 11 - Guarantees
11.1 Legal guarantees
The seller remains held from the defects of conformity of the property to the contract under the conditions provided for in articles L. 217-4 and following of the consumer code and hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code .
When you act as part of the legal guarantee of conformity:
- You benefit from a period of two years from the issuance of the property to act;
- You can choose between the repair or replacement of the property, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- You are exempt from bringing proof of the existence of the lack of compliance of the property during the 2 years following the issuance of the property, except for second -hand goods (6 months).
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code.
In this case, you can choose between the termination of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the Civil Code , in accordance with article L. 217-15 of the Consumer Code:
Art. L. 217-4 of the Consumer Code:
"The seller delivers good to the contract and responds to existing compliance faults during issuance.
He also responds to compliance defects resulting from the packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. ""
Art. L. 217-5 of the Consumer Code:
"The property is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
- if he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer may legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. ""
Art. L. 217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the property."
Art. L. 217-16 of the Consumer Code:
"When the buyer asks the seller, during the price of the commercial guarantee which was granted to him when the acquisition or repair of a movable property, a repair covered by the
Guarantee, any immobilization period of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's intervention request or the provision for repairing the property in question, if this provision is after the intervention request. ""
Art. 1641 of the Civil Code:
"The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or n 'would have given a lower price, if he had known them. "
Art. 1648 paragraph 1 of the Civil Code:
"The action resulting from crumbling vices must be brought by the buyer within two years from the discovery of the vice."
In the event of the search for amicable solutions before any legal action, it is recalled that they do not interrupt the action times for legal guarantees or the duration of the contractual guarantee developed below.
11.2 Limitations
DAO's responsibility cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the customer to check;
- In case of improper use, from use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the event of normal product, accident or force majeure.
The DAO warranty is, in any event, limited to the replacement or reimbursement of non -compliant or affected products of a defect.
11.3 Commercial warranty (absence)
The products sold via the site are not guaranteed other than by the legal guarantees described above.
Article 12 - Mediation - Disputes
12.1 Mediation
By virtue of Article L. 612-1 of the Consumer Code "Every consumer has the right to use a consumption mediator for free for the amicable termination of the dispute between it to a professional."
The disputes entering into the scope of article L. 612-1 of the consumer code are the disputes defined in article L. 611-1 of the consumer code, namely the litigation of a contractual nature, bearing On the execution of a sales contract or service supplies, opposing a consumer to a professional.
The text covers national disputes and cross -border disputes.
For any difficulty, we invite you to contact us beforehand or contact our after-sales service:
"Dao"
Customer service
93 Avenue de Metz
54320 Maxéville
(+33) 9 75 56 93 48
In the year following your request from DAO, in application of article R.156-1 of the Consumer Code, you can have your request examined by a mediator that the contact details will be found, knowing that a dispute can only be examined, with some exceptions, only by a single mediator:
Cross -border litigation:
"Mediator of cooperative and associate trade"
FCA
77 rue de Lourmel
75015 Paris
"European Consumer Center France"
Bahnhofsplatz3
77694 Kehl (Germany)
service-juridique@cec-zev.eu
The consumer customer can, at his expense, be assisted by advice.
12.2 Applicable law and competent jurisdiction
These general conditions of sale will be governed by French law.
In the absence of an amicable agreement, the Customer can seize the court for any dispute relating to the existence, the interpretation, the conclusion, the execution or the termination of the contract as well as on all the documents related to this contract.
The competent court will be that of the place of the defendant's domicile (article 42 of the Code of Civil Procedure) or that of the place of effective delivery of the thing (article 46 of the Code of Civil Procedure).
Article 13 - Responsibility
The customer is called upon to read the technical characteristics of the products before proceeding with him,including washing, drying and maintenance indications.
DAO's responsibility cannot be sought in the event of a manifest error between the characteristics of the product, its illustration and its conditions of sale.
Article 14 - Protection of personal character data
14.1 General information
The 2016/679 European Regulation General for the protection of natural persons with regard to the processing of personal data and the free movement of this data (GDPR) has been applicable in France since May 25, 2018.
The GDPR regulates the processing of personal data carried out by a controller or by a subcontractor established in the territory of the EU.
The GDPR maintains or strengthens the rights granted so far, such as the right to information, the right of access, the right of rectification, the right to erasure, the right to oppose data processing Personal under certain conditions, the right to be informed of a data violation and enshrines two new rights: the right to portability and the right to the limitation of processing.
The controller (DAO) must now be able to demonstrate at any time that the protection of personal data within his information system and his company is optimal and in accordance with legal requirements.
14.2 Customer rights
In accordance with the national and European regulations in force, it is recalled that the personal data which is requested from the Customer are necessary for the processing of their order and the establishment of invoices, the communication of promotional offers, in particular.
These data can be communicated to the possible DAO partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.daodavy.commeets the legal requirements for personal data protection, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force of a right of permanent access, modification, rectification, opposition, portability, deletion and limitation of processing with regard to information concerning him.
The exercise of these rights can be carried out by sending a request by e-mail or postal mail to:
"Dao"
Customer service
93 Avenue de Metz
54320 Maxéville
(+33) 9 75 56 93 48
Your request must be accompanied by a copy of an official valid identity document, with the mention as an "data protection" object followed by your order number.
Any customer has the right to introduce a complaint with the CNIL, 3 place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01 53 73 22 22.
Article 15-Pre-contractual information
The Customer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, of these general conditions of sale and all the information listed in article L. 221-5 of the consumer code, and in particular the following information:
- the essential characteristics of goods, given the communication medium used and the property concerned;
- the price of services and additional costs (delivery, for example);
In the absence of immediate execution of the contract, the date or period at which the service provider undertakes to provide the commissioned property;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,
- information relating to legal and contractual guarantees and their implementation methods;
- the possibility of using conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, time, terms of exercise of this right and type of withdrawal), the terms of termination and other important contractual conditions;
The means of payment accepted.
The fact for a natural person (or legal), to order on the site takes full adhesion and acceptance of these GTCs and obligation to pay the products ordered, which is expressly recognized by the Customer, who renounces, in particular, to Available any contradictory document, which would be unenforceable in DAO.
Retreat
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of :
"Dao"
Customer service
93 Avenue de Metz
54320 Maxéville
(+33) 9 75 56 93 48
I notify you by this my withdrawal of the contract relating to the sale of the property below:
-
Ordered:
-
Received:
-
Description of the property:
-
Order number :
-
Consumer name:
-
Consumer address:
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Date:
-
Consumer signature (only in the event of notification of this paper form):
Information concerning the exercise of the right of withdrawal
You have the right to withdraw from this contract without giving a reason within 14 days.
The withdrawal period expires 14 days after receiving the property by the consumer or a third party, other than the carrier, appointed by him, for contracts for the sale of goods.
To exercise the right of withdrawal, you must notify us your decision to withdraw from this contract by means of a declaration devoid of ambiguity (for example, letter sent by post, fax or email).
You can use the withdrawal form on our site (www.daodavy.com) but it is not mandatory.
For the withdrawal period to be respected, it is enough that you transmit your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of withdrawal from your part of this contract, we will reimburse you all the payments received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen, if necessary, a mode of Delivery other than the less expensive standard delivery mode offered by DAO) without excessive delay and, in any event, at the latest 14 days from the day we are informed of your decision to withdraw from this contract. The reimbursement may be deferred until the goods are recovered or until the customer has provided proof of the shipment of these goods.
We will reimburse by using the same means of payment as the one you have used for the initial transaction, unless you expressly agree with a different means; In any event, this reimbursement will not cause any fees for you.
You will have to cover the direct costs of referring the property.
Your responsibility is only engaged in regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of this property.