Terms and Conditions of Sale
Effective March 25, 2026
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 No.: FR05815054655, with its registered office 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 private customer as defined in the preliminary article of the French Consumer Code (hereinafter the "Client"). They govern the different stages of the sale: from the Client's order placement to the delivery of the Product to the Client.
These general terms and conditions (hereinafter the "General Terms and Conditions of Sale") govern, without restriction or reservation, the sales of Products made by DS55 on the Site. DS55 reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date the Client places the order; any order for a Product offered on the Site implies the Client's full and complete acceptance of the General Terms and Conditions of Sale in force at the time of validating their order.
The Client declares and acknowledges:
• having the technical competence to use this Site;
• having full legal capacity to enter into these GTC;
• that the acquisition of the Products is exclusively for their personal private and non-professional use;
• that, as a consumer, they have specific rights which could be called into question if the Products acquired through operations performed via the Site were related to a professional activity.
DS55 may ask any Client to provide additional information to justify their capacity to order as a consumer.
The Client declares having received all necessary information regarding the use of the online sales area and the quantitative and qualitative characteristics of the Products.
Finally, the Client declares having read these GTC and accepted them by checking the box provided for this purpose before initiating the online ordering procedure, as well as the legal notices and the Site's privacy policy.
ARTICLE 2. CONTRACTUAL DOCUMENTS
The contractual documents are, in order of priority, constituted by:
• the terms of use or legal notices of the Site, accessible, in particular, from its homepage;
• where applicable, the specific terms of sale;
• these GTC;
In case of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the higher-ranking document shall prevail for obligations in conflict of interpretation. In case of contradiction between the terms of documents of the same rank, the latest documents shall prevail over the others.
ARTICLE 3. ENFORCEABILITY OF THE GTC
These GTC come into force on the date of their online publication and shall be enforceable from the date of the Client's first use of the Site's sales area.
These GTC are enforceable throughout the duration of use of the Site's sales area and until new GTC replace the present ones.
DS55 reserves the right to modify certain provisions of these GTC at any time. These modifications or adaptations are enforceable against the Client upon their online publication and cannot apply to contracts concluded previously.
Any use of the Site's sales area by the Client after modifications to the general terms and conditions of sale constitutes acceptance by the latter of the new general terms and conditions.
The Client 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 area is governed by the GTC applicable on the date of the order.
The Client can access the archived GTC by requesting them from the help center.
Unless proven otherwise, the data recorded in DS55's computer system constitutes proof of all transactions concluded with the Client.
If a clause of these GTC were to be missing, it would be considered governed and interpreted in light of the practices in force in the online sales sector.
The validation of the order by the Client implies acceptance without restriction or reservation of these GTC.
Should any of these GTC be recognized or declared null or in violation of a public policy provision, said clause shall be deemed unwritten and all other clauses shall remain in force, unless the remaining obligations become manifestly unbalanced for either party.
ARTICLE 4. PRODUCT INFORMATION
The Products offered for sale by DS55 are those listed on the Site on the day of the Client's consultation. Each Product is accompanied by a descriptive sheet which, in addition to the photograph, will contain: the price, available sizes and colors, composition, and specific characteristics.
Minimal differences between a Product and its photograph may exist due to the technical limitations of a computer equipment's color rendering. DS55 undertakes to deliver Products that comply with current safety and health regulations in accordance with European provisions, particularly legislation on regulated chemical substances.
For any questions regarding the Products and their use, any additional questions or requests for advice, the Client can contact DS55 by calling customer service at 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 accessory services;
- The total price of the Products including all taxes or and, if applicable, all additional costs or, when these costs cannot reasonably be calculated in advance, the mention that these costs may be due;
- Where applicable, the date or period within which the professional undertakes to deliver the Products;
- Information relating to DS55's identity and, where applicable, its activities, postal, telephone and electronic contact details;
- Information relating to legal guarantees, the existence and terms of 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 recourse to a consumer mediator.
- Return conditions depending on the reason (exchange/credit: free return; refund: €4.90 participation fee), free for Gold and Platinum members and customers who paid shipping costs) and geographical area.
ARTICLE 5. ORDER
Any order implies unreserved acceptance of these GTC, the privacy policy, and the legal notices accessible on the Site, without prejudice to specific conditions agreed between the parties. No specific and derogatory condition to common law will be enforceable unless it has been accepted in writing.
5.1. Generalities
To facilitate the Ordering process, the Client can create a Client Account. By creating their Client Account, the Client registers their personal data and will not have to re-enter it for subsequent Orders.
A Client account can be created either during the order process when validating the cart, or beforehand by clicking on "Log in" which appears on all pages of the site.
The Client must identify themselves using their email address, which must be valid, and choose a password. The Client's own password must then be confirmed. These elements are confidential. The Client is solely responsible for the consequences of using their account, until its deactivation.
To continue their registration, the Client must enter their first name, last name, year of birth, usual residential postal address, phone number, and email address. An address of a hotel or any other holiday resort, a post office box, and/or a poste restante does not constitute a usual residential address.
The Client must provide sincere and truthful information and must update it after any changes affecting it. Any change must be made online and takes effect on the first working day following.
DS55 may, by right, without 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 amounts due, or actions contrary to the interests of DS55.
Any Client wishing to deactivate their account must notify DS55 by clicking on "Contact".
5.2. Ordering process
Orders are placed exclusively via the Site.
The Client formalizes their order by completing the following five steps:
• Product Selection: The Client selects the chosen Products and adds them to their cart after selecting the desired size and color.
• Cart Verification: The Client verifies the contents of their cart by clicking on "order" to access the summary of their order. They can then modify their order. The total price including taxes of the order, distinguishing the price of the Products and the delivery costs, is indicated in the summary. If they have a promotional code, they must enter it in the designated field.
• Delivery and Billing Details: The Client enters their delivery and billing details. Unless otherwise indicated, the billing address will automatically be the same as the delivery address. If the Client already has an account, they log in with their email address and password.
• Payment: The Client selects the payment methods by clicking on the "proceed to payment" button. They can then choose their payment method and enter their bank details. DS55 may modify at any time the assortment of Products offered for sale on its Site, particularly depending on constraints related to its suppliers, without prejudice to orders already placed by the Client.
An Order is registered on the Site when the Client accepts these GTC by checking the box provided for this purpose and validates their Order. The Client has the possibility 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 of these GTC and constitutes proof of the contract between the Client and DS55.
Upon acceptance of payment, the Client receives a confirmation email summarizing the ordered items, the billing and delivery address, and the delivery date. The validation of the order and the confirmation sent constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.
The order confirmation is recorded in DS55's registers, kept on a reliable and durable medium.
5.3. Unavailability / order cancellation
In case of unavailability, missing and/or out-of-stock Products, the Client will be informed as soon as possible of the partial delivery of their order or its cancellation.
In case of total cancellation of the order due to unavailability, the Client's bank account will not be debited (in case of card payment). Any sum definitively collected by DS55 will be refunded to the Client as soon as possible.
In case of partial cancellation of the order due to unavailability, the Client'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 collected by DS55 will be refunded to the Client for 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 case of non-payment or partial payment of any sum due by the Client, in case of payment incident, or in case 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 Client in case of legitimate reasons as defined in Article L.121-11 of the Consumer Code and related case law, and particularly when:
• the number of items or the amount to be paid (for a single or multiple cumulative orders) does not correspond to the usual average use of a household,
• the order suggests that an economic activity is being carried out by the Client in connection with the ordered items.
ARTICLE 6. PRICE
Prices are indicated in euros, all taxes included, excluding delivery costs. The value-added tax is that in force in the country of delivery on the day the order is validated.
The applied prices are those communicated on the Site and confirmed to the Client during order validation.
Delivery costs are communicated to the Client on the order summary before its validation and are expressed inclusive of all taxes. These costs are borne by the Client and are invoiced in addition to the selling price of the Products.
DS55 reserves the right to modify its prices at any time, notably depending on the cost of raw materials and economic and professional conditions, within the framework of current legal provisions.
Promotions such as "Free Shipping" are subject to regular change. These promotions are occasional. Promotional Products are announced on the Site's homepage and are valid only under certain conditions.
All applied discounts, whether expressed as a percentage or a value, are proportionally distributed among each affected product.
The various delivery methods for the Products and their amounts are specified on the Site at the time of placing the order.
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 in effect on the day of the order.
An invoice is issued by DS55 and given to the Client upon delivery of the Product or collection of the ordered Products. At the Client's request, this invoice may be issued exclusively electronically.
ARTICLE 7. PAYMENT CONDITIONS
7.1. Payment process
Unless otherwise indicated, the price of the order is payable in full and in a single installment.
If the payment is accepted, a confirmation of the order will be sent to the Client.
In case of failure, the Client 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 Client accepts that the order confirmation is considered proof of the contractual relationship between the Parties.
7.2. Payment methods
7.2.1. Credit Card
When the Client orders on the Site, they select the type of credit card used in the dedicated payment process area and enter their bank details in the indicated fields. The site accepts Visa, Mastercard, and American Express cards. The Client must enter their card number, expiry date, and the visual cryptogram numbers. Depending on the amount, 3D-Secure authentication may be requested from the client.
Credit card payments are secured by Payplug (Terms of Use: https://www.payplug.com/fr/mentions-legales/), and are PCI-DSS certified.
7.2.2. Paypal
The Client can also pay for their purchases using the secure Paypal payment system. Payments made through the Client'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. LOYALTY PROGRAM
Freeman T. Porter offers a loyalty program accessible to any customer with an account on the website www.freemantporter.com.
Each order allows you to accumulate points, convertible into vouchers of €5, €10 or €15, depending on the number of points accumulated.
Points are awarded once the order is validated and are neither transferable nor exchangeable for cash.
In case of return or refund, used points are not re-credited, and the voucher applied during the order is not reactivated.
The conversion of points into a voucher is final: once the voucher is generated, it cannot be canceled or reconverted into points.
The terms of the loyalty program may be modified, suspended or deleted at any time by Freeman T. Porter, subject to prior information on the website.
ARTICLE 9. DELIVERY
9.1. Delivery location
Product delivery can occur in Metropolitan France (including Corsica and Monaco) as well as any other destination, provided that the recipient pays the applicable taxes or customs duties in the destination country.
9.2. Delivery time
DS55 will deliver orders with a delivery note within a maximum of ten (10) working days for Metropolitan France, and twenty (20) working days for any other destination, starting from the day following payment of the order. Orders registered 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 Client as soon as possible. The latter can also notify DS55 of the delivery delay by contacting customer service.
DS55 undertakes to do everything necessary to determine the cause of the delay and find an adequate 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 period or, failing that, within thirty (30) days after order confirmation, for any other cause than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L.216-6, L.216-7 and L.241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed no later than fourteen (14) days following the date of cancellation of the contract, excluding any compensation or deduction (art. L.216-7 C. Conso).
The sum paid by the Client is automatically increased by 10% if the refund occurs no later than fourteen (14) days beyond this term, by 20% up to thirty (30) days, and by 50% thereafter. (Art. L.241-4 C. Conso)
9.3. Transport and delivery tracking
Deliveries are handled by an independent carrier, to the address specified by the Client during the order and easily accessible by the carrier.
The package containing the ordered and paid Products is delivered by hand to the exact address mentioned when placing the order. Deliveries are made against signature.
In case of a special request from the Client regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by DS55, the related costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Client.
For online orders placed on the Site, an email will be sent to the Client to notify them of the departure of their Product and will provide all instructions to track the order's execution. DS55 cannot be held responsible in case of non-receipt of the email if the email address provided by the Client is incorrect.
The Client is obliged to provide a correct delivery address, as well as a phone number for the carrier. In case of error and/or changes to this data not reported or in case of the Client's absence, which would lead to the return of the Product, storage costs, as well as all associated costs, will be exclusively borne by the Client, upon presentation of an invoice and supporting documents.
In cases where the Client has arranged an appointment with a carrier for Product delivery, it is specified that DS55 reserves the right to invoice, upon presentation of supporting documents, the costs of a second presentation by the carrier, in cases where the Client has not complied with the terms of the first appointment made 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 Client is then invited to contact the carrier directly or customer service.
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. Delivery costs will in this case remain at the Client's expense. It will be up to the Client to contact customer service. New delivery terms and costs for the order will then be communicated to them.
Relay point: when delivery takes place at a relay point, the return period (Article 11) starts from the delivery date to the relay point.
9.4. Provisions of the Consumer Code
L.216-6 of the Consumer Code
I.-In the event of the professional's failure 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 performs, under the conditions of Articles 1219 and 1220 of the Civil Code;
2° Rescind the contract if, after having formally requested the professional to deliver or provide the service within a reasonable additional period, the latter has not performed within that period.
The contract is considered rescinded upon receipt by the professional of the letter or written document informing them of this rescission, unless the professional has performed in the interim.
II.-However, the consumer may immediately rescind the contract:
1° When the professional refuses to deliver the goods or provide the service or when it is manifest that they will not deliver the goods or provide the service;
2° When the professional fails to perform their obligation to deliver the goods or provide the service on the date or at the expiry of the period provided for in Article L. 216-1 and when this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The provisions of this article are without prejudice to the award of damages.
L.216-7 of the Consumer Code
When the contract is rescinded 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 rescinded.
L.241-4 of the Consumer Code
When the professional has not reimbursed all sums paid by the consumer under the conditions provided for in Article L. 216-3, this sum is automatically increased by 10% if the reimbursement occurs no later than thirty days beyond this term, by 20% up to sixty days and by 50% thereafter.
ARTICLE 10. CONFORMITY
In general, 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 Client is invited to check the condition and contents of the delivered or collected package before signing any delivery document.
In case of an anomaly (torn, open packaging, missing, damaged products, etc.), DS55 advises the Client to refuse the package.
If the Client accepts delivery despite observing anomalies (breakages, damage, non-conformity: error in Products, colors, dimensions; missing items...), they must express necessary, circumstantial, legible, and as precise as possible reservations.
If the Client was unable to make reservations upon delivery or collection of the package, they are invited to formulate 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, not including holidays following receipt of the item(s), and at the latest within 10 days, not including 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 11. TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
11.1. Transfer of ownership
The transfer of ownership of the Products to the Client will only be effected after full payment of the Price by the latter, regardless of the delivery date of said Products.
11.2. Transfer of risks
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only be effected when the Client, or a third party designated by them to receive them, takes physical possession of the Products.
ARTICLE 12. RIGHT OF WITHDRAWAL
Starting point of the period
– Home delivery: the 14-day period starts from the date of delivery.
– Pick-up point: the period starts from the date of availability at the pick-up point, and not from 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 (€4.90 participation fee) is offered.
In accordance with Article L. 221-18 of the Consumer Code, the Client has a period of fourteen (14) calendar days from the day after delivery or collection of the ordered Products, to exercise their right of withdrawal with DS55, without having to provide reasons or pay penalties, for exchange or refund purposes.
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 Client exercises their right of withdrawal, the Products must be returned in their original packaging, in new resale condition, accompanied by all accessories and any instructions in perfect resale condition, 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 impeccable condition. The product must under no circumstances have been worn, washed, or altered. Otherwise, this could compromise the Client's responsibility with DS55 under the conditions of Article L. 221-23 of the Consumer Code.
The right of withdrawal can be exercised online by accessing our Help Center, where you will find all the necessary information and steps, or by postal mail at the following address:
DS55
1 Bis rue St Louis
57150 CREUTZWALD
And by using the model form appended to these GTC (or any other equivalent declaration unambiguous as to the desire to withdraw).
Upon receipt of the withdrawal request, a confirmation on a durable medium will be immediately communicated to the Client by DS55, which will offer them:
- Either a prepaid voucher to return the Product concerned. In this case, the amount of this prepaid voucher will be deducted from the refund made by DS55 under the withdrawal;
- Or to return the Product concerned at the Client's expense.
In any event, DS55 will send the Client a return agreement containing a return number and specifying the return procedure for the package. The Client must print and affix this return number to the package to allow for faster processing of the request.
In the event of exercising the right of withdrawal within the aforementioned period, DS55 will reimburse the Client for all sums paid, including initial delivery costs. Return costs are borne by DS55 for Gold and Platinum members, as well as for any Client who incurred shipping costs when placing their order. For other Clients requesting a refund, a flat-rate participation will be deducted.
Return costs depending on the reason and zone
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, a different size, a different color, or a different product, subject to availability.
- Refund: refund of the order and initial delivery costs. A flat-rate participation of €4.90 is deducted from the total refund; a €5 voucher is issued simultaneously and can be used without a minimum purchase.
- Exception: The €4.90 participation is free (not deducted) for Gold, Platinum members, and for customers who paid shipping costs during the initial order.
Other countries & French overseas departments and territories: return at the customer's expense. However, for customers who paid shipping costs for the order or have Gold/Platinum status, return costs are reimbursed upon presentation of proof.
One label = one return. Items must be returned in their original condition, unworn, unwashed, with tags.
The Client undertakes to send DS55 the Products subject to withdrawal within fourteen (14) calendar days following the sending of 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 postpone the Client's reimbursement until the day of receipt of said Product.
The reimbursement may be made within a maximum period of fourteen (14) working days from the receipt, by DS55, of the Products returned by the Client under the conditions provided for in this article.
The sum paid by the Client is automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiry of the deadlines 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 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 proceed with the reimbursement of the Client via the same payment method as that used on the day of the order, unless the payment method used does not allow it.
No refunds are made in store.
Furthermore, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the Client and can under no circumstances be exercised by the recipient of the gift.
ARTICLE 13. LIABILITY – GUARANTEES
13.1. Liability
DS55's liability cannot be, in whole or in part, invoked when the Client does not comply, in whole or in part, with these GTC, or in case of an unforeseeable and insurmountable act of a third party or in case of force majeure as defined by Article 1218 of the Civil Code as interpreted by case law.
DS55 shall in no case, even if its liability were engaged, be held liable to compensate for indirect damages.
The Products offered for sale on the Site comply with current French legislation. DS55 cannot be held responsible in case of non-compliance with the legislation of the country where the Product is delivered (for example, in case of prohibition of a title or a product). It is up to the Client to check with local authorities the possibilities of importing or using the Products they intend to order.
DS55 cannot be held responsible for elements beyond its control and for damages that may be suffered by the technical environment of any user of the Site, including computers, software, network equipment (modems, telephones, etc.) and any equipment used to access or use the Site.
13.2. Legal guarantees
The Products supplied by DS55 benefit by right and without additional payment, in accordance with legal provisions:
- of the legal guarantee of conformity (articles L.217-1 to L.217-17 of the Consumer Code), for Products that are apparently defective, damaged or broken, or that do not correspond to the order;
- of the legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code) resulting from a defect in material, design, or manufacture affecting the delivered products and rendering them unfit for use,
Regarding the legal guarantee of conformity, under the conditions and according to the terms set out in the box below, the Client:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event 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 guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, especially when the consumer permanently bears the costs of recovery or removal of the non-compliant goods, or if they bear 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 also has the right to a reduction in the price of the goods or to the rescission of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract rescission. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to rescission of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the guarantee that remained to run until the 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, in bad faith, obstructs the implementation of the legal guarantee of conformity incurs 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 guarantee 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 guarantee gives the right to a price reduction if the goods are kept or a full refund against return of the goods.
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point for the consumer's action is the day they become aware of the lack of conformity.
To assert their rights, the Client 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 reimburse, replace, or repair (if applicable) the Products under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.
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 finding of the non-conformity or hidden defect.
The reimbursement will be made by bank check addressed to the Client, or any other means expressly accepted in writing by the Client.
Notwithstanding the foregoing, DS55's liability cannot be engaged in case of misuse, professional use, Client negligence, accident, or force majeure.
DS55's warranty is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 14. CUSTOMER SERVICES
For any questions or issues concerning an order or product use, we invite you to consult our Help Center, where you will find all the necessary information and steps to follow. You can also contact us by phone at 03 87 93 80 43.
More specifically, if a defect is found:
- The Client must contact customer service as soon as possible, explaining the observed issues; the customer service may request photographs from the Client;
- An initial diagnosis is then made by customer service;
- In general, Product returns without prior authorization from DS55 are not accepted.
ARTICLE 15. FORCE MAJEURE
The parties cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16. INTELLECTUAL PROPERTY
All elements (namely: 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 the latter holds the rights allowing such reproduction or representation on the Site.
Any reproduction, imitation, use, even partial, of these elements by any third party not expressly authorized is strictly prohibited and may lead to legal action, particularly on the basis of the provisions of the Intellectual Property Code. Such actions may also be pursued on the basis of the right to image of the models whose images are reproduced on the Site.
ARTICLE 17. PERSONAL DATA - TELEPHONE SOLICITATION
Pursuant to Regulation (EU) 2016/679 of 27 April 2016, known as "GDPR", and Act No. 78-17 of 6 January 1978, as amended by Act No. 2018-493 of 20 June 2018, it is recalled that certain personal data of the Client requested by DS55 are necessary, notably for the processing and payment of the order, any related claims, and invoicing, as well as for the communication of "newsletters" from DS55 concerning 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 regarding the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with current regulations, the Client has at all times and under certain conditions specific to each right, a right to information, a right of access and rectification, opposition, erasure, restriction of processing, and portability of all their personal data by writing to DS55 either by using the Help Center accessible in the "Help me" section, "Help center" tab of the Site, or at the following postal address:
DS55
1 Bis rue St Louis
57150 CREUTZWALD
ATTENTION: The processing times for the request will be increased if it is made by postal mail.
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 Client has the possibility to register free of charge on a telephone solicitation opposition 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 18. DISPUTES – CONVENTIONAL MEDIATION
In the event of disputes arising from purchase and sale operations concluded in application of these GTC, the Client may send a written complaint to customer service, whose contact details are specified in Article 13 of these GTC.
Complaints or disputes will always be received with attentive consideration, as good faith is always presumed in anyone who takes the trouble to explain their situation.
Upon receipt of their request, DS55 will assign a case number allowing for operational tracking.
Evidence, both for and against, will be recorded by DS55 in various forms (photos of returned materials, expert reports and/or test reports, technical sheets, etc., non-exhaustive list).
If the Client 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 sending of 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 adheres, 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 remain free at any time to withdraw from the mediation process.
Furthermore, it is recalled that the Client can also lodge 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
ARTICLE 19. COOKIES
DS55 uses cookies to process Client orders and personalize the services offered on the Site. Cookies store the Client's identity and the content of their shopping cart for 30 days. The Client can object to the recording of cookies by configuring their browser, but will then lose all personalization of the service.
ARTICLE 20. 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 responsible for any direct or indirect damage resulting from the use of the Site or connection to the Internet.
ARTICLE 21. APPLICABLE LAW - COMPETENT JURISDICTIONS
These GTC are governed by French law.
All disputes that may arise from the purchase and sale operations concluded under these GTC, concerning their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved amicably between the Client and DS55, will be submitted to the competent courts under common law conditions.
ARTICLE 22. ECO-ORGANISATIONS
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 footwear - TLC), under the following unique identifier numbers (IDU):
With REFASHION (TLC): FR336412-OIMVFE
With CITEO (packaging): FR336412-11RVLM
ARTICLE 23. FINAL PROVISIONS
The failure of one of the parties to exercise, on one or more occasions, the rights, options, claims, or actions reserved to it by these GTC, cannot be interpreted as an abandonment or refusal to avail itself of said right, to exercise said option, to formulate said claim, or to exercise said action.
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.
Should any of the clauses of these GTC be recognized or declared null or in violation of a public policy provision, said clause shall be deemed unwritten and all other clauses shall remain in force.
APPENDIX 1: WITHDRAWAL FORM (MODEL)
Subject: Exercise of 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 ordered / product name: xxxxxxxxx
Ordered on: xxx/xxx/xxx
Received on: xxx/xxx/xxx
Client's full name: xxxxxxxxx
Delivery address: xxxxxxxxx
Email address: xxxxxxxxxxx
Reason for withdrawal (optional): xxxxxxxx
Date: xxx/xxx/xxx
Signature (in case of notification of this form on paper)