Effective from 22/07/2024
DS55 is the exclusive distributor of the Freeman T. Porter brand. The website www.freemantporter.com (hereinafter referred to as 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 No.: FR05815054655, with its headquarters located at 1 Bis rue Saint Louis, ZAC SUD, 57150 CREUTZWALD (hereinafter referred to as "DS55"). These General Terms of Sale define the rules applicable within the framework of the sale of FREEMAN T. PORTER branded products (hereinafter referred to as the "Product(s)") on the Site to any private customer as defined in the introductory article of the Consumer Code (hereinafter referred to as the "Customer"). They govern the different stages of the sale process: from the Customer's order to the delivery of the Product to the Customer.
These general terms (hereinafter referred to as the "General Terms of Sale") govern without restriction or reservation the sales of Products carried out by DS55 on the Site. DS55 reserves the right to modify these General Terms of Sale at any time by publishing a new version on the Site. The General Terms of Sale applicable are those in force on the Site at the date the Customer places the order; any order for a Product offered on the Site implies the full and complete acceptance of the Customer to the General Terms of Sale in force at the time of order validation.
The Customer declares and acknowledges:
• having the technical competence to use this Site;
• having full legal capacity allowing them to commit under these General Terms of Sale;
• that the acquisition of the Products is intended exclusively for personal private use and not for professional use;
• that as a consumer, they have specific rights which could be challenged if the Products acquired within the operations carried out using the Site had a connection with a professional activity.
DS55 may request any Customer to provide additional information to justify their capacity to order as a consumer.
The Customer declares to have obtained all necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the Products.
The Customer finally declares to have read these General Terms of Sale and accepted them by checking the box provided for this purpose before implementing the online order process as well as the legal notices and privacy policy of the Site.
The contractual documents are, in order of priority:
• the general terms of use or legal notices of the Site accessible, in particular, from its home page;
• if applicable, the special terms of sale;
• these General Terms of Sale;
In case of contradiction between documents of different natures or ranks, it is expressly agreed between the parties that the provisions contained in the higher-ranking document will prevail for the obligations in conflict of interpretation. In case of contradiction between the terms of documents of the same order, the latest documents in date will prevail over the others.
These General Terms of Sale come into force on the date of their online publication and will be enforceable on the date of the first use of the Site's sales space by the Customer.
These General Terms of Sale are enforceable during the entire use of the Site's sales space and until new General Terms of Sale replace the present ones.
DS55 reserves the right to modify certain provisions of these General Terms of Sale at any time. These modifications or adaptations are enforceable to the Customer as soon as they are put online and cannot be applied to contracts concluded previously.
Any use of the Site's sales space by the Customer after modifications to the general terms of sale constitutes acceptance by the latter of the new general terms.
The Customer may at any time waive the use of the services offered on the Site but remains responsible for any prior use.
Each purchase on the Site's sales space is governed by the General Terms of Sale applicable on the date of the order.
The Customer can access archived General Terms of Sale by requesting them by email at eshop@freemantporter.com
Unless proven otherwise, the data recorded in DS55's computer system constitutes proof of all transactions concluded with the Customer.
If a clause of these General Terms of Sale is missing, it will be considered governed and interpreted in light of the current practices in the online sales sector.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms of Sale.
If any of these General Terms of Sale are found to be invalid or in violation of a public policy provision, said clause will be deemed unwritten, and all other clauses will remain in force, unless the remaining obligations become clearly unbalanced for one of the parties.
The Products offered for sale by DS55 are those listed on the Site on the day it is consulted by the Customer. Each Product is subject to a descriptive sheet that, in addition to the photograph, will include: the price, available sizes and colors, composition, and specific characteristics.
Minor differences between a Product and its photograph may exist due to the technical limitations of color rendering on computer equipment. DS55 undertakes to deliver Products meeting the current safety and health requirements for people in accordance with European regulations, particularly the legislation on regulated chemical substances.
For any questions regarding the Products and their use, any additional questions, or requests for advice, the Customer can contact DS55 by calling customer service at 03 87 93 80 43 (local call price) during the hours indicated in the "Customer Service" section of the Site or via the contact form in the "Write us an email" tab of the same section.
The Customer acknowledges having been provided, prior to the conclusion of the Contract, in a clear and understandable manner, with the information specified in Articles L.111-1, L.111-2, and L.221-5 of the Consumer Code, particularly:
• The essential characteristics of the Products offered and the related services;
• The total price of the Products including all taxes or, if applicable, all additional costs or, when these costs cannot reasonably be calculated in advance, the mention that these costs may be payable;
• If applicable, the date or the period within which the professional undertakes to deliver the Products;
• Information relating to DS55's identity and, if applicable, its activities, postal, telephone, and electronic contact details;
• Information on legal warranties, the existence and terms of implementation of warranties, and other contractual conditions as well as, if applicable, after-sales service and information relating to other contractual conditions;
• The possibility of resorting to a consumer mediator.
Any order implies the unconditional acceptance of these General Terms of Sale, the privacy policy, and the legal notices accessible on the Site, without prejudice to the specific conditions concluded between the parties. No special condition or derogation from common law will be enforceable if it has not been accepted in writing.
To facilitate the ordering process, the Customer can create a Customer Account. By creating their Customer Account, the Customer saves their personal data and will no longer have to enter it during subsequent orders.
The creation of a Customer Account can be done either during the order process by validating the cart or beforehand by clicking on "Log in" which appears on all the site's pages.
The Customer must identify themselves using their valid email address and choose a password. The password must then be confirmed. These elements are confidential. The Customer is solely responsible for the consequences of using their account until its deactivation.
To continue their registration, the Customer must provide their name, first name, year of birth, usual residential postal address, phone number, and email address. An address of a hotel or any other place of stay, a post office box, and/or general delivery is not considered a usual residential address.
The Customer must provide sincere and truthful information and must update it in case of changes. Any change must be made online and takes effect the next business day.
DS55 may rightfully, without notice or compensation, deactivate a Customer's account in cases of non-compliance by the Customer with the terms of sale, non-payment of amounts due, or actions contrary to DS55's interests.
Any Customer wishing to deactivate their account must notify DS55 by clicking on "Contact".
Process Orders are made exclusively through 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 cart after selecting the desired size and color.
• Cart Verification: The Customer checks the contents of their cart by clicking on "order" to access the order summary. They can then modify their order. The total amount including VAT of the order, distinguishing the price of the Products and the delivery costs, is indicated in the summary. If they have an advantage code, they must enter it in the designated area.
• Delivery and Billing Information: The Customer enters their delivery and billing information. Unless otherwise indicated, 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 proceeds to payment by clicking on 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, depending on constraints from its suppliers, without prejudice to orders already placed by the Customer.
Order registration on the Site is completed when the Customer accepts these General Terms of Sale by checking the box provided for this purpose and validates their Order. The Customer has the opportunity to check the details of their Order, its total price, and correct any errors before confirming their acceptance (in accordance with Article 1127-2 of the Civil Code). This validation implies acceptance of all the General Terms of Sale and constitutes proof of the contract between the Customer and DS55.
Upon payment acceptance, the Customer receives a confirmation email summarizing the ordered items, the billing and delivery addresses, and the delivery date. Order validation and confirmation sent constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms of Sale.
The order confirmation is recorded in DS55's registers, kept on a reliable and durable medium.
In case 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 its cancellation.
In case of total order cancellation due to unavailability, the Customer's bank account will not be debited (in case of payment by card). Any amount definitively received by DS55 will be refunded to the Customer as soon as possible.
In case of partial order cancellation due to unavailability, the Customer's order will be validated, and their bank account will only be debited for the amount of the available and actually shipped items. Any amount definitively received by DS55 will be refunded to the Customer for the unavailable Products as soon as possible.
DS55 reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and execution level, in case of non-payment or partial payment of any amount due by the Customer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the Site, including for previous orders.
Similarly, DS55 reserves the right to refuse any Order from a Private Customer for legitimate reasons under Article L.121-11 of the Consumer Code and related case law, particularly when:
• the number of items or the amount to be paid (for one or more cumulative orders) does not correspond to the usual average use of a household,
• the order suggests that an economic activity is being conducted by the Customer in connection with the ordered items
Prices are indicated in euros, including all taxes, excluding delivery costs. The value-added tax is the one in force in the country of delivery on the date of order validation.
The prices applied are those communicated on the Site and confirmed to the Customer during order validation.
Delivery costs are communicated to the Customer in the order summary before order validation and are expressed including all taxes. These costs are borne by the Customer and are billed in addition to the sales price of the Products.
DS55 reserves the right to modify its prices at any time, particularly based on raw material costs and economic and professional conditions, in compliance with the applicable legal provisions.
Promotions such as "Free Shipping" are subject to change regularly. These promotions are temporary. Products on promotion are announced on the Site's homepage and are only valid under certain conditions.
The various delivery methods and their amounts are specified on the Site at the time of order placement.
In case of price changes and when Products subject to the same order have not been fully delivered, the order balance will be billed at the rate in effect on the order date.
An invoice is issued by DS55 and provided to the Customer upon Product delivery or pickup. At the Customer's request, this invoice can be issued exclusively electronically.
Unless otherwise indicated, the order price is payable in full and in a single payment.
If the payment is accepted, an order confirmation will be sent to the Customer.
In case of failure, the Customer has up to three attempts to re-enter their bank details. After the third refusal, they will be invited to contact customer service.
The order confirmation is recorded in DS55's registers, kept on a reliable and durable medium. The Customer agrees that the order confirmation is considered proof of the contractual relationships between the Parties.
When the Customer orders on the Site, they select the type of credit card used in the dedicated payment process space and enter their bank details in the indicated fields. The site accepts cards (Visa, Mastercard, American Express). The Customer must enter their card number, expiration date, and security code. Depending on the amount, 3D-Secure authentication may be required.
Credit card payments are secured by Lyra Network (Terms of Use: https://www.lyra.com/fr/mentions-legales/), and are PCI-DSS certified.
The Customer can also pay for their purchases using the secure Paypal payment system. Payments through the Customer's Paypal account are made on Paypal's secure site (www.paypal.com). All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol. These data cannot be detected, intercepted, or used by third parties.
Product delivery can occur in Metropolitan France (including Corsica and Monaco) as well as any other destination, provided the recipient pays applicable taxes or customs duties at the destination country.
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 any other destination, from the day following the order payment. Orders placed on the Site from Monday to Friday before 2 pm are processed the same day; after 2 pm, they are processed the next day. Orders placed on Friday after 2 pm, Saturday, and Sunday are processed the following Monday.
In case of delivery delay, DS55 will inform the Customer as soon as possible. The Customer can also report delivery delay by contacting customer service.
DS55 undertakes to take necessary actions to determine the cause of the delay and find an appropriate solution for the effective delivery of the ordered Products as soon as possible.
However, if the ordered Products have not been delivered within the indicated time or, failing that, within thirty (30) days after the order confirmation, for any reason other than force majeure or the Customer's fault, the sale may be resolved at the Customer's written request under the conditions provided in Articles L.216-6, L.216-7, and L.241-4 of the Consumer Code. The amounts paid by the Customer will then be returned no later than fourteen (14) days following the contract termination date, excluding any indemnification or retention (art. L.216-7 C. Conso).
The amount paid by the Customer is automatically increased by 10% if the refund occurs no later than fourteen (14) days beyond this term, 20% up to thirty (30) days, and 50% thereafter (Art. L.241-4 C. Conso).
Tracking Deliveries are carried out by an independent carrier, to the address specified by the Customer during the order and to which the carrier can easily access.
The package containing the ordered and paid Products is delivered in person, to the exact address specified when placing the order. Deliveries are made against a signature.
In case of the Customer's specific request regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by DS55, the related costs will be subject to additional specific billing, 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 Product's dispatch and provide all the information to track the order's execution. DS55 cannot be held responsible if the email is not received if the Customer provided an incorrect email address.
The Customer must provide a correct delivery address and a phone number for the carrier. In case of error and/or changes to this data not reported or if the Customer is absent, resulting in the Product's return, storage costs, and any related costs will be borne exclusively by the Customer, upon presentation of an invoice and supporting documents.
If the Customer arranged an appointment with a carrier for Product delivery, it is specified that DS55 reserves the right to charge, upon presentation of supporting documents, the costs of a second presentation by the carrier if the Customer did not comply with the terms of the first appointment with the carrier.
Similarly, in case of absence at the time of delivery, a delivery notice may be left in the mailbox attached to the delivery location. The Customer is then invited to contact the carrier or customer service directly.
If the actual configuration of the delivery location physically prevents the unloading of the Products, the carrier reserves the right to cancel the delivery. Delivery costs will remain the Customer's responsibility. They will need to contact customer service. New delivery methods and costs will be communicated to them.
Provisions L.216-6 of the Consumer Code
I.-In case of the professional's failure to deliver the good or provide the service under the conditions provided 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 putting the professional on notice to deliver or provide the service within a reasonable additional period, the latter does not comply within this period.
The contract is considered terminated upon receipt by the professional of the letter or writing informing them of this termination unless the professional has complied in the meantime.
II.-The consumer may, however, immediately terminate the contract:
1° When the professional refuses to deliver the good or provide the service or when it is clear that they will not deliver the good or provide the service;
2° When the professional does not perform their delivery or service obligation on the date or at the end of the period provided in Article L. 216-1, and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the contract conclusion or an express request by the consumer before the contract conclusion.
The provisions of this article are without prejudice to the allocation of damages and interest.
L.216-7 of the Consumer Code
When the contract is terminated under the conditions provided in Article L. 216-6, the professional reimburses the consumer for all amounts paid, no later than fourteen days following the date the contract was terminated.
L.241-4 of the Consumer Code
When the professional has not reimbursed all amounts paid by the consumer under the conditions provided in Article L. 216-3, this amount is automatically increased by 10% if the refund occurs no later than thirty days beyond this term, 20% up to sixty days, and 50% thereafter.
Generally, the Products are delivered in packaging with sufficient protection to ensure safe transport.
Upon delivery or pickup of the Product, to facilitate DS55's recourse against the carrier, the Customer is advised to check the condition and content of the delivered or picked-up package before signing any delivery document.
In case of an anomaly (torn, opened packaging, missing, damaged products...), DS55 advises the Customer to refuse the package.
If the Customer accepts delivery despite noticing anomalies (breakage, damage, non-compliance: wrong Products, colors, dimensions; missing items...), they must make the necessary, detailed, and precise reservations.
If the Customer could not make reservations upon delivery or pickup of the package, they are advised to report their reservations to Customer Service (at the following address: Customer Service, DS55, 1B rue de Saint Louis, 57150 CREUTZWALD, or by email: eshop@freemantporter.com) within 3 days, excluding holidays, following receipt of the items, and no later than 10 days, excluding holidays, following receipt of the items.
These provisions do not exclude the Customer's recourse under the legal warranty of conformity referred to in Article 12.2 below.
10.1. Transfer of Ownership The transfer of ownership of the Products to the Customer will only take place after full payment of the Price by the latter, regardless of the delivery date of the said Products.
10.2. Transfer of Risks Regardless of the ownership transfer date of the Products, the transfer of risks of loss and damage related to them will only take place when the Customer, or a third party designated by them, physically takes possession of the Products.
Under Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the day after delivery or pickup of the ordered Products to exercise their right of withdrawal from DS55, without having to justify reasons or pay penalties, for exchange or refund.
If the fourteen (14) day period expires on a Saturday, Sunday, or a public holiday, it is extended to the next working day.
If the Customer exercises their right of withdrawal, the return of the Products must be made in their original packaging, in resale condition as new, accompanied by all accessories and possible notices in perfect resale condition, a copy of the original purchase invoice to which the Products relate, and the return number provided by DS55's customer service.
Products must be returned in their original packaging, with their label and possible accessories, in perfect condition. The product must not have been worn, washed, or altered. Otherwise, DS55 may hold the Customer responsible under the conditions of Article L. 221-23 of the Consumer Code.
The right of withdrawal can be exercised online using the contact form accessible in the "Contact Us" section of the Site or by direct contact at the following email address eshop@freemantporter.com or by postal mail to the following address:
DS55 1 Bis rue St Louis 57150 CREUTZWALD
And using the withdrawal form attached to these General Terms of Sale (or any other equivalent declaration unambiguously indicating the intention to withdraw).
Upon receipt of the withdrawal request, a confirmation on a durable medium will be immediately communicated to the Customer by DS55, offering:
Either a prepaid voucher to return the concerned Product. If applicable, the amount of this prepaid voucher will be deducted from the refund made by DS55 under the withdrawal;
Or to return the concerned Product at the Customer's expense
In any case, DS55 will send the Customer a return agreement containing a return number and specifying the return shipping instructions. The Customer must print and attach this return number to the package to enable quicker processing of the request.
In case of exercising the right of withdrawal within the above period, only the price of the purchased Products will be refunded; in all cases, return costs are borne by DS55 for certain countries (Metropolitan France, Corsica, Germany, Belgium, Luxembourg, Netherlands, Spain). For other countries, a prepaid return label can be downloaded, but a flat rate will be deducted from the refund.
The Customer agrees to send the Products subject to withdrawal to DS55 within fourteen (14) calendar days following the notification of their decision to withdraw.
In the absence of receipt of the Product or proof of its shipment within this period, DS55 reserves the right to defer the Customer's refund until the said Product is received.
The refund can be made within a maximum of fourteen (14) days from the receipt of the Products returned by the Customer under the conditions provided in this article.
The amount paid by the Customer is automatically increased by the legal interest rate if the refund occurs no later than ten days after the expiry of the periods set 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 an additional five points per new month of delay up to the total sale price of the Product concerned by the withdrawal, then by the legal interest rate.
DS55 will refund the Customer via the same payment method used on the order date unless the payment method used does not allow it.
No refund is made in-store.
Furthermore, in the case of a gift, the right of withdrawal remains the exclusive benefit of the Customer and cannot be exercised by the gift recipient.
DS55's liability cannot be wholly or partially engaged if the Customer does not respect, wholly or partially, these General Terms of Sale, or in case of unforeseeable and insurmountable events of third parties or in case of force majeure under Article 1218 of the Civil Code as interpreted by the case law.
DS55 can under no circumstances, even if its liability is engaged, be held liable for indirect damages.
The Products offered for sale on the Site comply with current French legislation. DS55 cannot be held liable in case of non-compliance with the legislation of the country where the Product is delivered (e.g., in case of prohibition of a title or product). It is the Customer's responsibility to check with local authorities the possibilities of importing or using the Products they intend to order.
DS 55 cannot be held responsible for elements beyond its control and for damages that may be suffered by the technical environment of any Site user, including computers, software, network equipment (modems, phones, etc.), and any material used to access the Site or use it.
The Products provided by DS55 benefit by right and without additional payment, under the legal provisions:
the legal warranty of conformity (Articles L.217-1 to L.217-17 of the Consumer Code), for Products that are apparently defective, damaged, or do not match the order;
the legal warranty against hidden defects (Articles 1641 to 1649 of the Civil Code) resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use,
Regarding the legal warranty of conformity, under the conditions and according to the modalities specified in the box below, the Customer:
The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal warranty of conformity in case of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all necessary updates to maintain the good's conformity.
The legal warranty of conformity entitles the consumer to repair or replace the good within thirty days of their request, at no cost and without major inconvenience to them.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a price reduction by retaining the good or terminate the contract and obtain a full refund against the return of the good if: 1° The professional refuses to repair or replace the good; 2° The repair or replacement of the good occurs after a thirty-day period; 3° The repair or replacement of the good causes major inconvenience to the consumer, particularly when the consumer permanently bears the cost of recovering or removing the non-conforming good, or if they bear the cost of installing the repaired or replaced good; 4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer also has the right to a price reduction or contract termination if the lack of conformity is so serious that it justifies immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the good beforehand.
The consumer has no right to terminate the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the warranty that remains to run until the good is returned to working order.
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 the implementation of the legal warranty of conformity in bad faith is subject to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is retained or a full refund against the return of the good.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point of the consumer's action limitation is the day the latter becomes aware of the lack of conformity.
To assert their rights, the Customer must inform DS55 in writing at the contact details indicated in Article 13 of the non-conformity of the Products or the existence of hidden defects and return the Products.
DS5 will refund, replace, or repair (if applicable) the Products under warranty deemed non-conforming or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-conforming or defective will be made as soon as possible and no later than thirty (30) days following the DS55's acknowledgment of the lack of conformity or hidden defect.
The refund will be made by bank check addressed to the Customer, or any other means expressly accepted in writing by the Customer.
Notwithstanding the foregoing, DS55's liability cannot be engaged in case of misuse, professional use, negligence by the Customer, accident, or force majeure.
DS55's warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.
For any problem related to an order or the use of a Product, the Customer is invited to contact DS55's customer service whose contact details are as follows: • Phone: 03 87 93 80 43
• Email: eshop@freemantporter.com
• Contact form, "Customer Service" section, "Send us an email" tab;
More specifically, if a defect is found:
The Customer must contact customer service as soon as possible to report the observed elements; the production of photographs may be requested from the Customer by customer service;
An initial diagnosis is then made by customer service;
Generally, Product returns without DS55's prior authorization are not accepted.
The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations described in these General Terms of Sale results from a case of force majeure under Article 1218 of the Civil Code.
All elements (namely: trademarks, logos, texts, illustrations, graphic charter, images, photographs, films, product models...) reproduced or represented on the Site are the exclusive property of DS55 or are reproduced or represented on the Site with the authorization of their owners.
Any reproduction, imitation, use, including partial, of these elements by any third party not expressly authorized is strictly prohibited and may result in prosecution, particularly based on the provisions of the Intellectual Property Code. These actions may also be prosecuted based on the right to the image of the models whose images are reproduced on the Site.
Under Regulation (EU) 2016/679 of April 27, 2016, known as "GDPR," and Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that certain personal data of the Customer requested by DS55 are necessary, particularly for order processing and payment, any related claims, and invoicing, as well as the communication of newsletters from DS55 concerning Products similar to those already ordered.
Under the current regulations, the Customer'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 provided through the Site complies with legal requirements for personal data protection, and the information system used ensures optimal protection of this data.
Under current regulations, the Customer has the right to information, access, rectification, opposition, deletion, restriction of processing, and portability of all their personal data at any time and under certain conditions specific to each of the rights, by writing to DS55 either by using the contact form accessible in the "Customer Service" section, "Send us an email" tab of the Site, or at the following contact email address eshop@freemantporter.com or at the following postal address:
DS55 1 Bis rue St Louis 57150 CREUTZWALD
WARNING: Processing times for requests will be extended if they are made by postal mail.
The Customer 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
Moreover, under Article L.223-1 of the Consumer Code, the Customer has the possibility to register free of charge on a telephone prospecting opposition list via the website www.bloctel.gouv.fr or by mail by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret à TROYES (10000).
In case of disputes arising from purchase and sale operations concluded under these General Terms of Sale, the Customer can submit a written complaint to DS55's customer service, whose contact details are specified in Article 13 of these General Terms of Sale.
Complaints or disputes will always be received with attentive goodwill, as good faith is always presumed in the person who takes the trouble to explain their situation.
Upon receipt of their request, a file number will be assigned by DS55 to allow operational follow-up.
Evidence, both for and against, will be recorded by DS55 in various forms (photos of returned materials, expert reports and/or tests, technical sheets, etc., non-exhaustive list).
If the Customer is not satisfied with the response provided by DS55's customer service or in the absence of a response within thirty (30) days from the date of the request, they may, under Article L.612-1 of the Consumer Code, submit a written complaint to the mediation service to which DS55 subscribes, whose contact details are as follows:
Consumer Mediator FEVAD BP 20015 – 75362 PARIS CEDEX 8
The solution proposed by the consumer mediator is not binding on the parties, who remain free to leave the mediation process at any time.
Moreover, it is recalled that the Customer can also file a complaint on the Online Dispute Resolution (ODR) platform made available by the European Commission and accessible at the following address:
https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
DS55 uses cookies to process the Customer's orders and personalize the services offered on the Site. Cookies remember the Customer's identity and the content of their cart for 30 days. The Customer can oppose the storage of cookies by configuring their browser, but will then lose all personalization of the service.
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 Internet connection.
These General Terms of Sale are subject to French law.
All disputes arising from purchase and sale operations concluded under these General Terms of Sale, regarding their validity, interpretation, execution, termination, consequences, and follow-up, which could not be resolved amicably between the Customer and DS55, will be submitted to the competent courts under common law conditions.
DS55 is registered with the administrative authority, namely ADEME.
DS55 is a member of the eco-organisms CITEO (household packaging) and REFASHION (clothing textiles, household linen, and footwear - TLC), under the following unique identifier numbers (IDU):
With REFASHION (TLC): FR336412-OIMVFE
With CITEO (packaging): FR336412-11RVLM
The fact that one of the parties does not exercise, on one or more occasions, the rights, options, claims, or actions reserved by these General Terms of Sale cannot be interpreted as a waiver or refusal to assert said right, exercise said option, make said claim, or take said action.
Titles are for convenience only. In case of contradiction between the title and the body of an article, it is understood that the body of the article prevails.
If any of the clauses of these General Terms of Sale are found to be invalid or in violation of a public policy provision, said clause will be deemed unwritten, and all other clauses will remain in force.
ANNEX 1: WITHDRAWAL FORM (MODEL)
Subject: Exercise of the right of withdrawal
To: Customer Service DS 55 1 Bis rue St Louis 57150 CREUTZWALD
In accordance with the current regulations, I hereby inform you of my decision to withdraw from the contract for the sale of the product described below:
Ordered 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 notifying this form by mail)
