General terms and conditions of sale
Effective as of 22/07/2024
ARTICLE 1. PREAMBLE
DS55 is the exclusive distributor of the Freeman T. Porter brand. The website www.freemantporter.com (hereinafter the " Site ") is published and managed by DS55, a simplified joint-stock company with a capital of €1,000,000, registered with the Metz Trade and Companies Register under number 815 054 655, VAT number: FR05815054655, whose registered office is located at 1 Bis rue Saint Louis, ZAC SUD, 57150 CREUTZWALD (hereinafter " DS55 "). These General Terms and Conditions of Sale define the rules applicable to the sale of FREEMAN T. PORTER branded products (hereinafter "the Product(s) ") on the Site, to any individual customer as defined in the preliminary article of the Consumer Code (hereinafter the " Customer "). They govern the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.
These terms and conditions (hereinafter referred to as the " General Terms and Conditions of Sale ") govern without restriction or reservation all sales of Products made by DS55 on the Website. DS55 reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Website. The applicable General Terms and Conditions of Sale are those in effect on the Website on the date the order is placed by the Customer; any order for a Product offered on the Website implies the Customer's full and unreserved acceptance of the General Terms and Conditions of Sale in effect at the time the order is validated.
The Client declares and acknowledges:
• possess the technical skills to use this Site;
• have the full legal capacity to enter into these Terms and Conditions;
• that the acquisition of the Products is exclusively intended for personal, private and non-professional use on his part;
• that as a consumer, he has specific rights which could be called into question if the Products acquired through transactions carried out via the Site are related to a professional activity.
DS55 may request any Customer to provide additional information to justify their ability to order as a consumer.
The Customer declares having obtained all the necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the Products.
The Customer finally declares that they have read and accepted these Terms and Conditions by ticking the box provided for this purpose before the implementation of the online ordering procedure, as well as the legal notices and the privacy policy of the Site.
ARTICLE 2. CONTRACTUAL DOCUMENTS
The contractual documents are, in order of priority, as follows:
• the general terms of use or legal notices of the Site accessible, in particular, from its home page;
• where applicable, the specific terms and conditions of sale;
• these General Terms and Conditions;
In the event of a conflict between documents of different natures or ranks, the parties expressly agree that the provisions contained in the higher-ranking document shall prevail with respect to the obligations subject to conflicting interpretations. In the event of a conflict between the terms of documents of the same rank, the most recent document shall prevail.
ARTICLE 3. ENFORCEABILITY OF THE TERMS AND CONDITIONS
These Terms and Conditions come into effect on the date they are published online and will be enforceable from the date of the first use of the Site's sales area by the Customer.
These Terms and Conditions are enforceable for the entire duration of use of the Site's sales area and until new Terms and Conditions replace these.
DS55 reserves the right to modify certain provisions of these Terms and Conditions at any time. These modifications or adaptations are binding on the Client as soon as they are published online and cannot apply to contracts concluded prior to that date.
Any use of the Site's sales area by the Customer after modifications to the general terms and conditions of sale constitutes acceptance by the Customer of the new general terms and conditions.
The Client may at any time cease using the services offered on the Site but remains responsible for any prior use.
Each purchase on the Site's sales area is governed by the Terms and Conditions applicable on the date of the order.
The Customer can access the archived Terms and Conditions by requesting them from the help center.
Unless proven otherwise, the data recorded in the DS55 computer system constitutes proof of all transactions concluded with the Client.
If any clause of these Terms and Conditions is found to be missing, it shall be considered to be governed and interpreted in accordance with the practices in force in the online sales sector.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and Conditions.
In the event that any of these General Terms and Conditions are recognized or declared null and void or in violation of a provision of public policy, said clause shall be deemed unwritten and all other clauses shall remain in force, unless the remaining obligations become manifestly unbalanced for one or the other of the parties.
ARTICLE 4. PRODUCT INFORMATION
The Products offered for sale by DS55 are those listed on the Site on the day of its consultation by the Customer. Each Product has a descriptive sheet which, in addition to the photograph, will contain: the price, the available sizes and colors, the composition, as well as any special characteristics.
Minor differences between a Product and its photograph may exist due to the technical limitations of color rendering on computer equipment. DS55 is committed to delivering Products that meet current safety and health requirements in accordance with European regulations, particularly legislation on regulated chemical substances.
For any questions relating to the Products and their use, any further questions or requests for advice, the Customer can contact DS55 by calling customer service on 03 87 93 80 43 (cost of a local call), during the hours indicated in the "Help Center" tab of the Site.
The Client acknowledges having received, prior to the conclusion of the Contract, in a clear and understandable manner, the information specified in Articles L.111-1, L.111-2 and L.221-5 of the Consumer Code, and in particular:
- The essential characteristics of the Products offered and related services;
- The total price of the Products including all taxes and, if applicable, any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable;
- Where applicable, the date or period within which the professional undertakes to deliver the Products;
Information relating to the identity of DS55 and, where applicable, its activities, postal, telephone and electronic contact details;
- Information relating to legal guarantees, the existence and implementation of guarantees and other contractual conditions, as well as, where applicable, after-sales service and information relating to other contractual conditions;
The possibility of using a consumer mediator.
- Return conditions vary depending on the reason (exchange/credit note: free return; refund: €5 participation fee) and geographical area.
ARTICLE 5. ORDER
All orders imply unreserved acceptance of these General Terms and Conditions, the Privacy Policy, and the Legal Notices accessible on the Website, without prejudice to any specific terms agreed upon between the parties. No specific terms or conditions deviating from general law shall be enforceable unless accepted in writing.
5.1 General Information
To facilitate the ordering process, the Customer can create a Customer Account. By creating a Customer Account, the Customer saves their personal data and will not have to enter it again for subsequent orders.
A customer account can be created either during the ordering process when validating the shopping cart, or beforehand by clicking on "Log in" which appears on all pages of the site.
The Customer must log in using their valid email address and choose a password. The Customer's password must then be confirmed. This information is confidential. The Customer is solely responsible for the consequences of using their account until it is deactivated.
To complete their registration, the Customer must provide their surname, first name, year of birth, usual residential postal address, telephone number, and email address. A hotel or other vacation address, a post office box, and/or a poste restante address do not constitute a usual residential address.
The Client must provide truthful and accurate information and must update it following any changes affecting them. All changes must be made online and take effect on the next business day.
DS55 may, at its sole discretion, without prior notice or compensation, deactivate a Client's account in cases of non-compliance by the Client with the terms of sale, non-payment by the Client of sums due, or actions contrary to the interests of DS55.
Any customer who wishes to deactivate their account must notify DS55 by clicking on "Contact".
5.2. Ordering Process
Orders are placed exclusively via the Site.
The Customer places their order by completing the following five steps:
• Product Selection: The Customer selects the chosen Products and adds them to their basket after selecting the desired size and color.
• Shopping cart review: The customer reviews the contents of their shopping cart by clicking "Place order" to access the order summary. They can then modify their order. The total amount including VAT, distinguishing between the price of the products and the delivery charges, is shown in the summary. If they have a discount code, they must enter it in the designated field.
• Delivery and billing information: The Customer enters their delivery and billing information. Unless otherwise specified, the billing address will automatically be the same as the delivery address. If the Customer already has an account, they log in with their email address and password.
• Payment: The Customer accesses the payment options by clicking the "proceed to payment" button. They can then choose their payment method and enter their bank details. DS55 may modify the range of Products offered for sale on its Site at any time, particularly due to constraints related to its suppliers, without affecting orders already placed by the Customer.
An order is registered on the Website when the Customer accepts these Terms and Conditions by checking the box provided for this purpose and confirms their order. The Customer has the opportunity to review the details of their order, its total price, and correct any errors before confirming their acceptance (in accordance with Article 1127-2 of the French Civil Code). This confirmation implies acceptance of all of these Terms and Conditions and constitutes proof of the contract between the Customer and DS55.
Upon acceptance of payment, the Customer receives a confirmation email summarizing the items ordered, the billing and delivery addresses, and the delivery date. Order validation and the confirmation email constitute a binding sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.
The order confirmation is recorded in the DS55 records, which are stored on a reliable and durable medium.
5.3. Order unavailability/cancellation
In the event of unavailability, missing and/or out-of-stock Products, the Customer will be informed as soon as possible of the partial delivery of their order or of its cancellation.
In the event of a complete order cancellation due to unavailability, the Client's bank account will not be debited (in the case of card payments). Any sums definitively received by DS55 will be refunded to the Client as soon as possible.
In the event of a partial cancellation of the order due to unavailability, the Customer's order will be validated and their bank account will only be debited for the amount of the available items actually shipped. Any sum definitively received by DS55 will be refunded to the Customer up to the amount of the unavailable Products as soon as possible.
5.4. Order Refusal
DS55 reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and stage of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous orders.
Similarly, DS55 reserves the right to refuse any order from a private customer for legitimate reasons as defined in Article L.121-11 of the French Consumer Code and relevant case law, and in particular when:
• the number of items or the amount to be paid (for a single or multiple combined orders) would not correspond to the average usual usage of a household,
• The order would suggest that the Client is engaged in some form of economic activity related to the items ordered.
ARTICLE 6. PRICE
Prices are shown in euros inclusive of all taxes, excluding delivery charges. Value Added Tax (VAT) is that in force in the country of delivery on the date the order is validated.
The prices applied are those communicated on the Site and confirmed to the Customer when the order is validated.
Delivery charges are shown to the Customer on the order summary before order confirmation and are inclusive of all taxes. These charges are the Customer's responsibility and are billed in addition to the sale price of the Products.
DS55 reserves the right to change its prices at any time, depending in particular on the cost of raw materials and economic and professional conditions, within the framework of applicable legal provisions.
Promotions such as "Free Shipping" are subject to change regularly. These promotions are limited-time offers. Products on sale are advertised on the Site's homepage and are only valid under certain conditions.
All discounts applied, whether expressed as a percentage or as a fixed value, are distributed proportionally across each product concerned.
The different delivery methods for the Products and their cost are specified on the Site at the time the order is placed.
In the event of price changes and when the Products subject to the same order have not been delivered in full, the balance of the order will be invoiced at the price of the rate in effect on the day of the order.
An invoice is issued by DS55 and given to the Customer upon delivery of the Product or collection of the ordered Products. At the Customer's request, this invoice may be issued exclusively electronically.
ARTICLE 7. PAYMENT TERMS
7.1. Payment Process
Unless otherwise stated, the price of the order is payable in full and in a single payment.
If the payment is accepted, an order confirmation will be sent to the Customer.
If the initial attempt fails, the customer has up to three attempts to re-enter their bank details. After the third failed attempt, they will be asked to contact customer service.
The order confirmation is recorded in DS55's records, which are stored on a reliable and durable medium. The Customer agrees that the order confirmation constitutes proof of the contractual relationship between the Parties.
7.2. Payment methods
7.2.1. Bank card
When the Customer places an order on the Site, they select the type of credit card to be used in the payment process area and enter their bank details in the indicated fields. The site accepts Visa, Mastercard, and American Express cards. The Customer must enter their card number, expiry date, and security code. Depending on the amount, 3D-Secure authentication may be required.
Credit card payments are secured by Payplug (General Terms and Conditions of Use: https://www.payplug.com/fr/mentions-legales/), and are PCI-DSS certified.
7.2.2. Paypal
The Customer can also pay for their purchases using the secure PayPal payment system. Payments made through the Customer's PayPal account are processed on PayPal's secure website (www.paypal.com). All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted, or used by third parties.
ARTICLE 8. DELIVERY
8.1. Delivery location
Delivery of the Products can take place in Metropolitan France (including Corsica and Monaco) as well as any other destination, provided that the recipient pays the taxes or customs duties applicable in the country of destination.
8.2. Delivery time
DS55 will deliver orders with a delivery note within a maximum of ten (10) business days for Metropolitan France, and twenty (20) business days for all other destinations, starting from the day after payment of the order. Orders placed on the Site from Monday to Friday before 2 p.m. are processed the same day; after 2 p.m., they are processed the following day. Orders placed on Friday after 2 p.m., on Saturday, and on Sunday are processed the following Monday.
In the event of a delivery delay, DS55 will inform the Customer as soon as possible. The Customer can also report the delivery delay to DS55 by contacting customer service.
DS55 undertakes to do what is necessary to determine the cause of the delay and to find an appropriate solution with a view to the effective delivery of the Products ordered as soon as possible.
However, if the ordered Products have not been delivered within the stated timeframe or, failing that, within thirty (30) days of order confirmation, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request under the conditions stipulated in Articles L.216-6, L.216-7, and L.241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen (14) days following the date of cancellation, without any compensation or deductions (Art. L.216-7 of the French Consumer Code).
The amount paid by the Client is automatically increased by 10% if the refund is made no later than fourteen (14) days after this deadline, by 20% up to thirty (30) days, and by 50% thereafter. (Art. L.241-4 C. Conso)
8.3. Transport and delivery tracking
Deliveries are made by an independent carrier, to the address provided by the Customer when placing the order and to which the carrier can easily access.
The package containing the ordered and paid-for Products is delivered directly to the exact address provided when the order was placed. Deliveries require a signature upon receipt.
In the event of a special request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by DS55, the costs related thereto will be subject to a separate additional invoice, based on a quote previously accepted in writing by the Customer.
For online orders placed on the Site, an email will be sent to the Customer to notify them of the shipment of their Product and provide them with all the necessary information to track the order. DS55 cannot be held responsible for non-receipt of the email if the email address provided by the Customer is incorrect.
The Customer is required to provide a correct delivery address and a telephone number for the carrier. In the event of an error and/or unreported changes to this information, or in the Customer's absence resulting in the return of the Product, the Customer will be solely responsible for storage fees and all related costs, upon presentation of an invoice and supporting documentation.
In cases where the Customer has arranged an appointment with a carrier for the delivery of the Product, it is specified that DS55 reserves the right to charge, upon presentation of supporting documents, the costs of a second presentation by the carrier, in cases where the Customer has not complied with the terms of the first appointment made with the carrier.
Similarly, if you are not home at the time of delivery, a delivery notice may be left in the mailbox at the delivery address. You are then asked to contact the carrier or customer service directly.
In cases where the actual configuration of the delivery location physically prevents the unloading of the Products, the carrier reserves the right to cancel the delivery. In this case, the delivery costs will remain the responsibility of the Customer. The Customer should contact customer service, who will then be informed of the new delivery arrangements and costs.
Relay point : when delivery is made to a relay point, the return period (art. 11) runs from the date of delivery to the relay point .
8.4. Provisions of the Consumer Code
Article L.216-6 of the Consumer Code
I.-If the professional fails to fulfill their obligation to deliver the goods or provide the service under the conditions set out in Article L. 216-1, the consumer may:
1° Notify the professional of the suspension of payment of all or part of the price until the professional complies, under the conditions of articles 1219 and 1220 of the civil code;
2° Terminate the contract if, after having formally notified the professional to carry out the delivery or provide the service within a reasonable additional period, the latter has not complied within that period.
The contract is considered terminated upon receipt by the professional of the letter or written notice informing him of this termination, unless the professional has performed in the meantime.
II.-The consumer may, however, immediately terminate the contract:
1° When the professional refuses to deliver the goods or provide the service or when it is clear that he will not deliver the goods or provide the service;
2° When the professional fails to fulfill their obligation to deliver the goods or provide the service by the date or within the period stipulated in Article L. 216-1, and this date or period constitutes an essential condition of the contract for the consumer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the contract was concluded.
The provisions of this article are without prejudice to the award of damages.
Article L.216-7 of the Consumer Code
When the contract is terminated under the conditions provided for in Article L. 216-6, the professional shall reimburse the consumer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated.
Article L.241-4 of the Consumer Code
When the professional has not reimbursed the full amount paid by the consumer under the conditions provided for in Article L. 216-3, this amount is automatically increased by 10% if the reimbursement takes place no later than thirty days beyond this deadline, by 20% up to sixty days and by 50% thereafter.
ARTICLE 9. CONFORMITY
In general, the Products are delivered in packaging with sufficient protection to ensure safe transport.
Upon delivery or taking possession of the Product, in order to facilitate DS55's recourse against the carrier, the Customer is asked to check the condition and contents of the delivered or collected package before signing any delivery document.
In the event of any anomaly being observed (torn, open packaging, missing, damaged products, etc.), DS55 advises the Customer to refuse the package.
If the Customer accepts delivery despite noting anomalies (breakages, damage, non-conformity: error of Products, colours, dimensions; missing items…), he must issue the necessary, detailed, legible, and as precise as possible reservations.
If the Customer did not have the opportunity to make reservations when the package was delivered or collected, they are invited to make their reservations to Customer Service (at the following address: Customer Service, DS55, 1B rue de Saint Louis, 57150 CREUTZWALD, or via the "help center" in the "help me" section) within 3 days, excluding public holidays, following receipt of the item(s), and at the latest within 10 days, excluding public holidays, following receipt of the item(s).
These provisions do not exclude the Client's recourse under the legal guarantee of conformity referred to in Article 12.2 below.
ARTICLE 10. TRANSFER OF OWNERSHIP - TRANSFER OF RISK
10.1. Transfer of Ownership
Ownership of the Products will only transfer to the Customer after full payment of the Price by the Customer, regardless of the delivery date of said Products.
10.2. Risk Transfer
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto shall only take place when the Customer, or a third party designated by him to receive them, takes physical possession of the Products.
ARTICLE 11. RIGHT OF WITHDRAWAL
Starting point of the deadline
– Home delivery: the 14-day period begins from the date of delivery .
– Relay point: the period runs from the date of availability at the relay point , and not from the date of collection.
In eligible countries, exchanges are possible and returns are free . Upon receipt and validation, the exchange is shipped subject to availability. A second exchange for the same order may be refused ; in this case, a credit note or a refund (€5 processing fee) will be offered.
Pursuant to Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the day after delivery or collection of the Products ordered, to exercise his right of withdrawal with DS55, without having to justify reasons, or pay penalties, for the purpose of exchange or refund.
If the fourteen (14) working day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
If the Customer exercises their right of withdrawal, the Products must be returned in their original packaging, in new condition for resale, accompanied by all accessories and any instructions in perfect condition for resale, a copy of the original purchase invoice to which the Products relate and the return number provided by DS55 customer service.
Products must be returned in their original packaging, with their label and any accessories, in perfect condition. The product must not have been worn, washed, or altered in any way. Otherwise, DS55 may hold the Customer liable under Article L. 221-23 of the French Consumer Code.
The right of withdrawal can be exercised online by accessing our Help Centre , where you will find all the necessary information and procedures, or by mail to the following address:
DS55
1 Bis rue St Louis
57150 CREUTZWALD
And by using the form template attached to these Terms and Conditions (or any other equivalent statement that is unambiguous regarding the intention to withdraw).
Upon receipt of the withdrawal request, DS55 will immediately send the Client a confirmation on a durable medium, offering them the following options:
- Either a prepaid voucher to return the Product in question. If applicable, the amount of this prepaid voucher will be deducted from the refund issued by DS55 for the cancellation;
- Or to return the Product in question at the Client's expense
In any event, DS55 will send the Customer a return agreement containing a return number and specifying the return instructions. The Customer must print and affix this return number to the package to expedite the processing of the request.
If you exercise your right of withdrawal within the aforementioned period, you will only be refunded the price of the purchased product(s); in all cases, return shipping costs are covered by DS55 for certain countries (Metropolitan France, Corsica, Germany, Belgium, Luxembourg, the Netherlands, and Spain). For other countries, a prepaid return label can be downloaded, but a flat fee will be deducted from your refund.
Return shipping costs vary depending on the reason and the area.
Eligible countries (Metropolitan France, Belgium, Luxembourg, Germany, Netherlands, Spain):
– Exchange or credit note : free return (return label provided). It is now possible to exchange for the same item, another size, another color or a different product, subject to availability.
– Reimbursement : a flat-rate participation fee of €5 is deducted from the reimbursement; a €5 voucher is issued simultaneously and usable without a minimum.
Other countries & French overseas departments and territories: return shipping at the customer's expense (transport and, where applicable, customs clearance). No additional participation fees .
One tag = one return . Items must be returned in their original condition, unworn, unwashed, with tags attached.
The Customer undertakes to send to DS55 the Products subject to withdrawal within fourteen (14) calendar days following the sending of the notification of his decision to withdraw.
If the Product is not received or proof of shipment is not provided within this period, DS55 reserves the right to postpone the Customer's refund until the day the Product is received.
The refund may be made within a maximum period of fourteen (14) working days from the receipt, by DS55, of the Products returned by the Customer under the conditions provided for in this article.
The sum paid by the Customer shall automatically be increased by the legal interest rate if the reimbursement takes place no later than ten days after the expiry of the periods set out in the first and second paragraphs of Article L. 221-24, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points per new month of delay up to the total selling price of the Product concerned by the withdrawal, then by the legal interest rate.
DS55 will reimburse the Customer via the same payment method used on the day of the order, except in cases where the payment method used does not allow it.
No refunds are given in store.
Furthermore, in the case of a gift, the right of withdrawal remains exclusively for the benefit of the Customer and cannot under any circumstances be exercised by the recipient of the gift.
ARTICLE 12. LIABILITY – GUARANTEES
12.1. Responsibility
DS55 cannot be held liable, in whole or in part, when the Client does not comply, in whole or in part, with the present CGV, or in the event of an unforeseeable and insurmountable event caused by third parties or in the event of force majeure as defined in Article 1218 of the Civil Code as interpreted by case law.
DS55 cannot, under any circumstances, even if its liability were established, be held liable for indirect damages.
The Products offered for sale on the Site comply with current French legislation. DS55 cannot be held liable for non-compliance with the legislation of the country where the Product is delivered (for example, in the event of a ban on a title or product). It is the Customer's responsibility to check with local authorities regarding the import or use of the Products they intend to order.
DS 55 cannot be held responsible for elements outside its control and for damages that may be suffered by the technical environment of any user of the Site and in particular computers, software, network equipment (modems, telephones, etc.) and any hardware used to access or use the Site.
12.2. Legal Guarantees
The Products supplied by DS55 benefit automatically and without additional payment in accordance with legal provisions:
- the legal guarantee of conformity (art. L.217-1 to L.217-17 Consumer Code), for Products that are apparently defective, damaged or do not correspond to the order;
- the legal guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code) arising from a defect in materials, design or manufacturing affecting the delivered products and rendering them unfit for use,
Regarding the legal guarantee of conformity, under the conditions and according to the terms outlined in the box below, the Customer:
The consumer has two years from the date of delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the item;
2° The repair or replacement of the item takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or cancellation of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover ( Article L. 241-5 of the Consumer Code ).
The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
In order to assert its rights, the Customer must inform DS55 in writing at the contact details indicated in article 13 of the non-conformity of the Products or of the existence of hidden defects and return the Products.
DS5 will refund, replace or repair (as appropriate) Products under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of proof of payment.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the Store's confirmation of the non-compliance or hidden defect.
The refund will be made by bank check sent to the Client, or any other means expressly accepted in writing by the Client.
Notwithstanding the foregoing, DS55 shall not be liable in the event of misuse, use for professional purposes, negligence on the part of the Client, accident or force majeure.
The DS55 warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 13. CUSTOMER SERVICES
For any questions or problems regarding an order or the use of a product, please consult our Help Center , where you will find all the necessary information and steps to follow. You can also contact us by phone at +33 3 87 93 80 43 .
In more detail, if a defect is found:
- The Client must contact customer service as soon as possible, explaining the issues observed; the customer service department may request the Client to provide photographs;
- An initial diagnosis is then made by the customer service department;
- In general, returns of Products without prior authorization from DS55 are not accepted.
ARTICLE 14. FORCE MAJEURE
The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 15. INTELLECTUAL PROPERTY
All elements (including, but not limited to: trademarks, logos, texts, illustrations, graphic charter, images, photographs, films, product models, etc.) reproduced or represented on the Site are the exclusive property of DS55, or DS55 has the rights to reproduce or represent them on the Site.
Any reproduction, imitation, or use, including partial use, of these elements by any third party not expressly authorized is strictly prohibited and may give rise to legal proceedings, particularly under the provisions of the Intellectual Property Code. Such acts may also be prosecuted under the image rights of the models whose images are reproduced on the Site.
ARTICLE 16. PERSONAL DATA - TELEPHONE SOLICITING
In accordance with Regulation (EU) 2016/679 of 27 April 2016 known as "GDPR" and Law No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, it is noted that certain personal data of the Customer requested by DS55 are necessary in particular for the processing and payment of the order, any related claims and invoicing, as well as for the communication of "newsletters" from DS55 relating to Products similar to those already ordered.
In accordance with current regulations, the Client's personal data may be communicated to DS55's potential partners responsible for the execution, processing, management and payment of orders.
In all cases, personal data is not transferred outside the European Union.
The processing of information communicated via the Site complies with legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with current regulations, the Client has, at any time and under certain conditions specific to each right, the right to information, the right of access and rectification, the right to object, the right to erasure, the right to restriction of processing and the right to data portability of all their personal data by writing to DS55 either by using the Help Centre accessible in the "Help me" section, "Help Centre" tab of the Site, or to the following postal address:
DS55
1 Bis rue St Louis
57150 CREUTZWALD
WARNING: Processing times for the request will be increased if it is made by post.
The Client also has the right to lodge a complaint regarding the use of their personal data with the CNIL: Commission Nationale de l'Informatique et des Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01 53 73 22 22 - Fax: 01 53 73 22 00
Furthermore, in accordance with Article L.223-1 of the Consumer Code, the Customer has the option to register free of charge on a telephone marketing opt-out list via the website www.bloctel.gouv.fr or by mail by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret in TROYES (10000).
ARTICLE 17. DISPUTES – CONVENTIONAL MEDIATION
In the event of disputes arising from purchase and sale transactions concluded under these Terms and Conditions, the Customer may send a written complaint to the customer service department whose contact details are specified in Article 13 of these Terms and Conditions.
Complaints or disputes will always be received with careful consideration, good faith always being presumed on the part of anyone who takes the trouble to explain their situation.
Upon receipt of his request, he will be assigned a case number by DS55 allowing for operational tracking.
Evidence, both for and against, will be recorded by DS55 in various forms (photos of returned equipment, expert and/or test reports, technical data sheets, etc. – this list is not exhaustive).
If the Customer is not satisfied with the response provided by DS55's customer service, or if no response is received within thirty (30) days of sending the request, they may, in accordance with Article L.612-1 of the Consumer Code, send a written complaint to the mediation service to which DS55 subscribes, whose contact details are as follows:
FEVAD Consumer Mediator
BP 20015 – 75362 PARIS CEDEX 8
The solution proposed by the consumer mediator is not binding on the parties, who thus remain free at any time to withdraw from the mediation process.
Furthermore, it is noted that the Customer may also file a complaint on the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address:
https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
ARTICLE 18. COOKIES
DS55 uses cookies to process customer orders and personalize the services offered on the Site. Cookies store the customer's identity and the contents of their shopping cart for 30 days. The customer can refuse the storage of cookies by configuring their browser, but will then lose all service personalization.
ARTICLE 19. LIMITATION OF LIABILITY
Placing an order on the Site implies knowledge and acceptance of the risks associated with using the Internet. DS55 cannot be held liable for any direct or indirect damage resulting from the use of the Site or the Internet connection.
ARTICLE 20. APPLICABLE LAW - JURISDICTIONS
These Terms and Conditions are governed by French law.
All disputes arising from purchase and sale transactions concluded under these Terms and Conditions, concerning their validity, interpretation, performance, termination, consequences, and subsequent effects, which cannot be resolved amicably between the Client and DS55, shall be submitted to the competent courts under the applicable laws.
ARTICLE 21. ECO-ORGANISMS
The company DS55 is registered with the administrative authority, namely ADEME.
The company DS55 is a member of the eco-organizations CITEO (household packaging) and REFASHION (clothing textiles, household linen and shoes - TLC), under the following unique identifier numbers (IDU):
From REFASHION (TLC): FR336412-OIMVFE
With CITEO (packaging): FR336412-11RVLM
ARTICLE 22. FINAL PROVISIONS
The failure of either party to exercise, on one or more occasions, any rights, options, claims or actions available to it under these Terms and Conditions shall not be construed as a waiver or refusal to exercise said right, option, claim or action.
The headings are for convenience only. In case of contradiction between the heading and the body of an article, it is understood that the body of the article prevails.
In the event that any clause of these General Terms and Conditions is recognized or declared null and void or in violation of a provision of public order, said clause shall be deemed unwritten and all other clauses shall remain in force.
APPENDIX 1: WITHDRAWAL FORM (TEMPLATE)
Subject: Exercising the right of withdrawal
To the attention of:
Customer service
DS 55
1 Bis rue St Louis
57150 CREUTZWALD
In accordance with current regulations, I hereby inform you of my decision to withdraw from the contract for the sale of the product described below:
Product reference/name: xxxxxxxxx
Ordered on: xxx/xxx/xxx
Received on: xxx/xxx/xxx
Customer's name and surname: xxxxxxxxx
Delivery address: xxxxxxxxx
Email address: xxxxxxxxxxx
Reason for withdrawal (optional): xxxxxxxx
Date: xxx/xxx/xxx
Signature (if this form is submitted by paper)