Terms and conditions
Applicable for retail purchases from January 1st 2013.
Article 1 – THE COMPANY
Owner of www.delphinecharlotteparmentier.com/, DELPAR SARL is a 4 202 020 euros capital limited company with headquarters located 32 Boulevard Henry IV – 75004 Paris and registered in Paris under registration number 78990374700028 (TVA FR83790166227)
DELPAR SARL can be contacted
- - By email through our website CONTACT page
- - By postal mail to : DELPAR – 32 Boulevard Henry IV – 75004 Paris – FRANCE
Article 2 – APPLICATION DES CONDITIONS
These general conditions exclusively apply to all online purchases made on www.delphinecharlotteparmentier.com, as a private individual and consumer for personal use. These general terms & conditions aim at defining the rights and obligations of the parties. You acknowledge having read, at the time of placing an order for a product, the present general and special conditions of sale stated on the screen (product description, price, product features, etc...) And declare expressly accepting them without limitation. You have the option to save, print and save these Terms and Conditions, available on the website’s home page or during the confirmation of your order. Any other conditions only involve DELPAR SARL after written confirmation. These general conditions of sale are binding regardless of specific clauses you might add - unless expressly agreed by DELPAR SARL By confirming your order, you acknowledge that you have full legal capacity or have the permission of the person authorized to bind under these terms and conditions. It is recalled that minors do not have the capacity to contract and are therefore not entitled to order. These terms and conditions may be modified at any time without notice by DELPAR SARL the changes are applicable only to subsequent orders.
Article 3 – ORDERS
3.1. DELPAR SARL’s offer
Offers are valid while stocks last and may be revoked at any time by removing the product from the screen. You will be notified if unavailable directly on the product page. Accordingly, DELPAR SARL has the right not to accept an order for availability reasons, and if a payment has been made, you will be refunded.
3.2. Customer account
Any new member must create a customer account. The identification is processed through a login name and a password including at least six characters (letters and/or numbers), along with an address. Logging in will secure your connection and surfing on the website.
French is the only language available for the conduction of the contract. Confirming your order takes two steps (selecting a delivery address and a way of payment) and will only be definitely registered after the validation of each step. The electronic contract is generated once you confirm the order (double click system). Your invoice and the applicable terms & conditions on the day of your order will be sent to the email you indicated in your customer account and will automatically be archived on our server. You can track your order through your customer account. DELPAR SARL has to right to refuse or cancel an order from a customer who would have failed respecting the payment terms on a previous order.
The order is automatically cancelled if you the bank info is not typed in, if the secured payment is not authorized or if we do not receive any payment. In any other case, you can contact us using the CONTACT page specifying the invoice reference mentioned on the order and the order number. As long as the order is not in logistic preparation yet, it can be cancelled. Once the order has be prepared, it can only be cancelled if you refuse the parcel sent by DELPAR SARL – WITHOUT OPENING IT (see article 10)
Article 4 - PRICE
The prices indicated on the website are in EUROS and tax included but do not include the shipping fee. The products will be charged at their current price indicated on the site at the time of the order confirmation provided availability on that date, except in the case of material mistake (a non-intentional typing mistake for instance). The shipping fee is automatically calculated according to each order and is displayed on the order sum up before final confirmation. Any order sent outside Metropolitan France might be subject to various local taxes, customs rights and import fees through the delivery process that remain at your charge. Make sure you get the accurate information about those from the competent authorities in the country of delivery.
Article 5 - PAYMENT
Any payment made to DELPAR SARL cannot be regarded as a deposit.
Payments must be made so that the funds can be available to the retailer on the due date mentioned on the invoice. Unless specific provisions, payments are made on the website:
- By credit card (expiring at least one month later) through a secured server allowing to guarantee the security and confidentiality of all provided information during the transaction. All connection information is kept.
MOON STREET SARL has the right to request a cashier’s check in the case of significant amounts. In case of payment by installments, expressly accepted by the seller, or in case of delay, the non-payment of a single installment, the full price would automatically be due, regardless of the conditions previously agreed.
In order to limit possible frauds, DELPAR SARL has the right before accepting the order to ask you to justify your identity and residence. In that case, your order will only be confirmed upon reception of those documents. We have the right to cancel the order if you failed sending the documents or if they are considered as non-valid.
Article 6 – PRODUCT INFORMATION
6.1 Product description and availability
The essential specificities of each product are indicated on the “product description” generally displaying a picture of the product along with its specificities within the limitation of the information provided by the provider. DELPAR SARL tries to offer the best description and presentation providing as many details as possible about each product. Artwork and shootings are prepared with a great care. Nevertheless, the information remains indicative and cannot bind our responsibility nor question the validity of the order. The detailed description of the product is the only contractual source. The manufacturers and providers can change without notice the technical composition or product reference. DELPAR SARL has the right to update, improve or remove any product of any kind at any time. If you do not feel competent enough on the matter, feel free to be assisted by a counselor. For further information about the products displayed on our website, you can contact DELPAR SARL through our CONTACT page.
The availability of each product is directly mentioned on the website
6.2 Import limitation
DELPAR SARL pays great attention to the respect of nature and natural resources; however, it is your responsibility to check with your local authority for any import restrictions or use of products and materials that you plan to order. You acknowledge that products may contain substances subject to the laws on the control of exports from the United States and the European Union and the laws of the country where they are delivered. You must comply with these laws. Whole or partial, products cannot be sold, leased or transferred to users or countries subject to restriction. You should refer to the regulations, which regularly vary according to the product.
Article 7 – DELIVERY
Delivery is made to the address you indicated in your order. We are not responsible for the typing mistakes you might have made upon indicating the delivery address.
7.1 Delivery delays
DELPAR SARL commits to delivering you at the latest 30 days from the day after the order is submitted, subject to products availability. Any delivery information, indicated on the website is indicative only. They are average times corresponding to the generally recognized delays in processing orders and shipping time. The seller is entitled to make partial deliveries. Unless otherwise stated on the website, DELPAR SARL freely chooses the carrier and bears the risks associated with transport to delivery, that is to say to the physical delivery of the goods to the consignee named in the order or his representative, provided that you check the goods upon reception in the presence of the carrier, if necessary, by writing your detailed reserves on the delivery receipt (see section 7.3). In all cases, on time delivery can only occur if the buyer has met its obligations to the seller regardless of the cause.
7.2 What to do in case of a delay?
We advise you to check directly the online status of your order before contacting us (order tracking is available directly on the carrier's website through the link specified in the confirmation email of your order indicating the shipping and carrier number). We encourage you to notify any delay over eight days from the shipping date found on the carrier's website to allow us starting an investigation with the carrier (the time of inquiry may vary from one to three weeks). If during the period of investigation, the product is found, it will be immediately forwarded to your home. But if the product is not found at the end of the investigation period, the carrier will consider the package as lost, and we will refund if the product is unavailable.
According to Article L. 114-1 of the Consumer Code for products worth more than 500 €, if the 30-day period is exceeded by more than 7 days, except in cases of force majeure, you can terminate the contract by registered letter with application receipt. The contract will be considered broken by DELPAR SARL upon receipt of the letter notifying us of your decision, if delivery has not been made or if the service was not performed between the sending and receiving of this letter. You can exercise this right within sixty working days from the specified delivery date. All payments will be considered as deposits.
7.3 What in the case of a missing or defected product?
You must refuse delivery if the goods are damaged, missing or if the package has been opened or refurbished (except for customs clearance). If you accept the parcel, you must issue written accurate and detailed information on the delivery note in the presence of the carrier or its employees. Then you must send a registered letter to the carrier within 3 days after delivery, in which you describe the damage found. To help you in these efforts, please contact us at the same time through our CONTACT page. If this procedure is not respected, all the goods listed on the invoice are considered delivered in full and in good condition (no visible defects) and no claim will be supported by DELPAR SARL. If this procedure is not respected, neither you nor DELPAR SARL may act against the carrier.
Article 8 – WITHDRAWAL FOR PRIVATE INDIVIDUALS (not applicable to professional buyers, retailers or companies)
You have a withdrawal period of 7 days from the delivery date of your order. You must return the goods in their original condition and packaging (the only allowing the transport of the products in good condition), the consumer must compensate the seller for deterioration for the value of the equipment. All returns require a return authorization number which can be freely obtained through the CONTACT page of our website (see article 10). The return of goods is at the expense and risk of the buyer (it is recommended that you declare the value of the goods and contract an insurance to cover these risks). However, the right of withdrawal may be exercised according to Article L121-20-2, especially for goods made up according to the consumer's specifications or clearly personalized, such as including assembled parts upon the buyer’s request. As a result, the price of shipping and ordered services will be deducted for the actual value of the refund of the returned merchandise. Shipping fees and return will be borne by the consumer.
Article 9 - WARRANTY
If any concern arises with material, please contact our customer service by visiting our website and using the CONTACT page.
9.1 DELPAR SARL commercial warranty
This seller warranty only takes effect if the manufacturer does not provide a warranty which is an imperative priority. Products are guaranteed by DELPAR SARL., parts and labor against material or workmanship defects for a period of one year from the delivery date, unless special conditions expressly signified. In all cases, the items with a unit value under € 25 (tax excluded) are warranted for a period of six months from the delivery date. Only within the framework of this warranty and provided a prepaid label is missing, the shipping of returned material in the month following delivery is offset by the creation of a purchase order. It shall be calculated on the basis of a FEDEX return package for return FEDEX (France rate or World rate). The voucher is valid for 3 months from the date of issue.
9.2 Warranty limitation
DELPAR SARL warranty is limited to the repairs, replacement or refund of the goods found defective by DELPAR SARL, taking into account the use which has been made in DELPAR SARL’s opinion. The seller undertakes to only provide the replacement of defective parts and repairs for products ordered from DELPAR SARL. DELPAR SARL Customer Services can only play within the framework of DELPAR SARL’s warranty or within the legal warranty. The warranty is only valid upon presentation of the original invoice.
9.3 Warranty exceptions
The warranties exclude damages from external sources and/or resulting from improper use of the products.
DELPAR SARL cannot be held responsible under the warranty for damage resulting directly or indirectly from the following:
- - Any prolonged storage without protection.
- - Any negligence or faulty maintenance or clumsy usage.
- - Any changes or modifications to mechanical, electronic, electrical or other made by any third party.
9.4 Legal Warranty
You also benefit from legal warranty against hidden defects of the sold item and the goods lack of conformity according to the contract terms (Annex 1)
Article 10- RETURNS & REFUNDS
10.1. Need for a return number
The return of goods shall only be made by the carrier FedEx. All returns require prior approval from DELPAR SARL and a return number, which can be obtained freely through the CONTACT page available from the website homepage. You will receive the agreement back from by DELPAR SARL. Without that return agreement, the goods will be returned or made available to you at your own expense and risk, cost of transport, storage, and handling. Products are returned at your expense and at your own risk. We advise you to report the value of the goods and to subscribe to insurance. After obtaining the return agreement the buyer has 14 days to return defective goods to DELPAR SARL. The following information is generally required: contact details, name of the member or members concerned, serial number, the defect and the number of invoice or delivery note corresponding to the concerned parts. The goods must be returned with a copy of the invoice and the return number mentioned on the package to the following address: DELPAR SARL - 32 Boulevard Henry IV - 75004 Paris - France.
10.2. Need for adequate packaging
Any defective product must be returned in its original packaging, the only one allowing one to transport the product in good condition, with warranty stickers, including the whole product and its accessories and must be accompanied by a legible return number. Any product incomplete, damaged and / or whose original packaging has been damaged, will not be returned, exchanged or refunded. The sender must ensure the packaging and packing material he sends. In particular, the recipient can send back the goods to a destination other than the original destination with the same package, the risks for any damage incurred during the subsequent transport depending on the sender’s liability.
Article 11 – PROPERTY RESERVE
The delivered and invoiced goods remain the property of DELPAR SARL until full payment of the price. Failure to pay may result in the claim for the goods by DELPAR SARL, the return shall be immediate and the goods delivered at your own expense and risk. During the period between the delivery and transfer of ownership, the risk of loss, theft or destruction and damage that you may cause remain under your responsibility.
Article 12 – REGULATIONS
All our products are in accordance with the Decree of 18 July 2000 prohibiting the placing on the market of certain products containing nickel.
Article 13 - LIABILITY
By express agreement, in case of force majeure or events such as lockout, strike, partial or total work interruption in the factory of the seller or its suppliers, epidemics, war, requisition, fire, flood, interruption or transportation delays, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller shall be relieved of all responsibilities for delivery. The seller will keep the buyer informed timely about cases and events listed above.
Article 14 – PROCESSING OF PERSONAL DATA
You consent to the use of personal data collected through orders under DELPAR SARL customer file. According to the Data Protection Act of 6 January 1978, you have a right to access and correct personal data. If you wish to exercise this right, please follow the procedures described in our page dedicated to the protection of personal data. You may receive information and promotions through us. If you do not agree, you can write to us through our website CONTACT page.
Article 15 – FINAL PROVISIONS
This contract is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. DELPAR SARL archives purchases, orders and invoices on a reliable and durable support in accordance with the provisions of Article 1348 of the Civil Code. DELPAR SARL registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proved otherwise.
Electronic signature, made by "double-click" process when placing the order and its registration, has handwritten value for the parties.
The French law is applicable without ruling out the application of legislative requirements rights granted to consumers or a more protective mandatory law set by the foreign judge who would have been referred to by a consumer of the corresponding country.
If any provision of these Terms and Conditions had to be set aside or declared illegal by a final court decision, such invalidity or illegality will not affect the other terms and provisions which will continue to apply.
In case of dispute, please contact us, first, to find a friendly solution in case of difficulties in the implementation of this contract, the buyer has the option, before any legal action to seek amicable solution with the help of our in-house mediation service or professional association for the industry, a consumer association or any other counsel of his choice. All disputes relating to the formation, execution and termination of contractual obligations between the parties can not lead to a settlement will be subject to French courts.
In case of dispute with professionals and / or traders, it will be subject to the jurisdiction of the Commercial Court of Paris where the seller’s headquarter is located, regardless of the terms of sale and the payment method accepted even in case of appeal or multiple defendants, the seller has the right to enter the territorial jurisdiction of the buyer’s headquarters. The fact DELPAR SARL might not rely at some point on any provision hereof shall not constitute a waiver to take later advantage of these clauses.
Article L211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and is liable for conformity defects existing at the time of delivery.<
The seller is also responsible for the lack of conformity resulting from the packaging, instructions for assembly or installation when it was untitled to him by the contract or carried out under its responsibility.
Article L211-5 of the Consumer Code: To comply with the contract, the product must:
1. Be suitable for the purpose usually associated with such product and, if necessary:
- - Correspond to the description given by the seller and possess the qualities presented to the buyer as a sample or model;
- - Feature the qualities a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any particular purpose for which the buyer informed the seller about and that was agreed on. Article L211-12 of the Consumer Code: The action resulting from the lack of conformity can be prescribed within two years from delivery of the goods.
Article 1641 of the Civil Code: The seller must guarantee against any hidden defects of the sold item that shall make it unfit for the use that was intended, decrease this use to the point the buyer would have not acquired, or would have paid a lower price if he had known.
Article 1648 paragraph 1 Civil Code: The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.