1. PURPOSE
1.1 The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions”) is to define :(i) the terms and conditions of the Box Services (hereinafter defined) and Non-Box Sales (hereinafter defined) (hereinafter together: the “Services”) offered by the company Défi International SARL (hereinafter: “Défi International”) on the website L'Atelier Emma&Chloé (hereinafter the “Site”); and
(ii) the rights and obligations of Défi International and the customer (hereinafter the “Customer”) in connection with the Services.
1.2 Défi International offers the monthly delivery of a jewelry “Box” (hereinafter: the “Box Service”) including at least one piece of jewelry designed by Atelier Emma & Chloé (hereinafter: the “Product”).
Customers wishing to benefit from the Service Box may subscribe to it, purchase it from time to time or activate a gift box.
The Service Box can be taken out as a subscription (hereinafter the “Subscription”) or purchased as a one-off 6 (six) month or 1 (one) year package (hereinafter the “Package”). The Box Service may also be offered to any person in the form of a gift box (hereinafter the “Gift Box”).
1.3 Défi International is also active in the retail sale of Products via its Site (hereinafter: the “Non-Box Sale”), accessible on the Site independently of any subscription to a Subscription or a Formula.
1.4 The present General Terms and Conditions are accessible and printable at any time via a direct link on the Site's home page. They may be supplemented, where applicable, by specific terms of use for certain services, which supplement these General Terms and Conditions and, in the event of contradiction, take precedence over them.
2. SITE AND SERVICES OPERATOR - CONTACT
The Site and Services are published and operated by Défi International SARL, registered in the Paris Trade and Companies Register under number 535 165 674, whose registered office is located at 5 rue Pierre Chausson - 75010 Paris.For all complaints, Défi International can be contacted at the above address or via our contact form.
3. ACCEPTANCE OF TERMS AND CONDITIONS
The Customer declares that he/she has full legal capacity, enabling him/her to commit to the present General Terms and Conditions.By subscribing to the Services under the conditions set out below, the Customer declares that he/she has read the present General Terms and Conditions and expressly accepts them.
Acceptance is evidenced by a checkbox on the registration form. Acceptance must be full and complete. Any conditional acceptance is considered null and void. Customers who do not agree to be bound by the present General Terms and Conditions may not use the Services or purchase Products on the Site.
4. SITE ACCESS
The Site and Services are accessible to both private individuals and professionals.In particular, professionals can take out Subscriptions or Formulas for the beneficiaries of their choice, who will be able to use these Subscriptions or Formulas via Gift Boxes or promotional codes.
Professionals can contact Défi International for this purpose, who will provide them with a personalized quote.
5. SITE REGISTRATION
Registration on the Site is free of charge. When subscribing to the Box Service or Non-Box Sales, the Customer completes the registration form on the Site. Registration automatically leads to the opening of an account in the Customer's name (hereinafter referred to as the “Account”), enabling him/her to manage his/her use of the Site.The Customer certifies that all information provided in the registration form is accurate, up-to-date and truthful, and is not misleading.
He/she undertakes to update this information in the event of any changes, so that it always corresponds to the aforementioned criteria.
The Customer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the Customer is binding upon validation. Défi International reserves the right to verify the accuracy of the data provided by the Customer.
Only one registration per Customer (same surname, first name and address) will be accepted.
The Customer undertakes to use the Services personally and not to allow any third party to use them in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so.
The Customer may access his Account at any time by logging in using his login and password. He is responsible for maintaining the confidentiality of his login and password. He/she is responsible for informing Défi International as soon as possible of any use of his/her Account without his/her knowledge. He acknowledges Défi International's right to take all appropriate measures in such a case.
6. BOX SERVICE SUBSCRIPTION
6.1 Service Box registration form
To benefit from the Box Service, the Customer must fill in the form provided for this purpose on the Site, completing all the fields marked as compulsory. Any incomplete registration will not be validated.The Customer must select whether he/she wishes to :
- Take out a Subscription for monthly delivery of the Box for a period of one month or three (3) months, renewable by tacit agreement for periods of the same duration until termination under the conditions of the “duration” article below;
- Subscribe to a Formula under which he/she will receive the Box each month for a fixed period of six (6) months or one year, without tacit renewal;
- Purchase a Gift Box on behalf of a third party, enabling said third party to receive the Box each month for a fixed period of three (3) months, six (6) months or one year, without tacit renewal. In this case, the Customer must tick the “Gift Box” box and fill in the details of the person receiving the Gift Box on the form provided for this purpose. Professional customers who wish to give a Gift Box to several members of their staff and/or any other third party may either subscribe to the Box Service directly online by validating their order basket on the Site, or request a personalized quotation from Défi international by sending a request for a quotation to the e-mail address given in article 2 of the General Conditions.
6.2 Box service duration
6.2.1 Subscription duration
Subscriptions are taken out for periods of 1 (one) or 3 (three) months, depending on the information provided by the Customer on the subscription form.- For customers who subscribed to the Box Service before August 19, 2019: the Subscription takes effect from the month following the date of subscription to the Box Service. The Customer therefore acknowledges and accepts that any subscription taken out between the 1st and 31st of month N will take effect on the 1st of month N+1. The Customer will therefore receive the first Box of the Subscription after the 1st of month N+1.
- For Customers subscribing to the Box Service from August 19, 2019: the Subscription takes effect from the month of the Box Service subscription date (month N). The Customer will therefore receive the first Box of the Subscription within three (3) to ten (10) working days of subscription.
The Customer may unsubscribe from the Box Service, by sending a request to this effect to Défi International by email, to the contact details mentioned in article 2, or directly from his Account.
- For customers who subscribed to the Box Service before September 31, 2019: the unsubscription request must be made no later than the last day of month N-2 preceding the Subscription renewal date (for example, for a Subscription renewing on May 10, the unsubscription request must be made no later than March 31). Subject to this reservation, unsubscription is effective from the end of the current Subscription period.
- For customers who have taken out a Box Service Subscription from October 1, 2019: the unsubscription request must be made no later than the last day of the month preceding the Subscription renewal. Subject to this condition, unsubscription is effective from the end of the current Subscription period.
Any subscription period already started is due in full.
Customers are reminded that according to :
- Article L215-1 of the French Consumer Code states that “for service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules concerning consumer information. - Article L215-3 of the French Consumer Code: “The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.
- article 241-3 of the French Consumer Code: “when the professional has not reimbursed the sums due in accordance with the conditions set out in article L215-1, interest is payable at the legal rate”.
6.2.2 Formula duration
Formulas are subscribed for firm and irrevocable periods of 6 (six) months or 1 (one) year.- For Customers who subscribed to a Formula before August 19, 2019: the Formula takes effect from the month following the date of subscription to the Box Service, which the Customer acknowledges and accepts. The Customer therefore acknowledges and accepts that any subscription between the 1st and 31st of month N will take effect on the 1st of month N+1. The Customer will therefore receive the first Box of the Formula after the 1st of month N+1.
- For Customers subscribing to a Formula from August 19, 2019: the Formula takes effect from the month of the Box Service subscription date (month N), which the Customer acknowledges and accepts. The Customer will therefore receive the first Box of the Formula within three (3) to ten (10) working days of subscription.
Termination of a Formula does not entail deletion of the Customer's Account, and the Customer may continue to make purchases on the Site and subscribe to any other Service.
6.2.3 Gift Box duration
The Gift Box is subscribed to for a fixed period during which the beneficiary will receive the Box each month for a fixed period of three (3) months, six (6) months or one year, without tacit extension, for the duration indicated on the Box Service subscription form.- For Customers who have subscribed to a Gift Box before August 19, 2019: the Gift Box takes effect from the month following the date of activation of the Gift Box by the beneficiary of said Gift Box. The Customer therefore acknowledges and accepts that any subscription made between the 1st and 31st of month N will take effect on the 1st of month N+1. The beneficiary of the Gift Box will therefore receive the first Box after the 1st of month N+1.
- For Customers having subscribed to a Gift Box from August 19, 2019: the Gift Box takes effect immediately upon its activation by the beneficiary of said Gift Box. The beneficiary of the Gift Box will therefore receive the first Box within three (3) to ten (10) working days following activation of the Gift Box.
6.2.4 End of Service Box at the initiative of Défi International
Défi International reserves the right to terminate the Box Service (Subscription and/or Formula) at any time in the event of non-compliance by the Customer with these General Conditions.Défi International also reserves the right to stop offering the Box Service at any time. The Customer will be informed of the termination of the Service Box by any appropriate means at least thirty (30) days prior to the effective termination of the Service Box. If the Box Service is discontinued during the term of a Subscription or a Formula, the Customer will be reimbursed on a pro rata basis for the number of months during which he will not receive the Box Service.
7. OUT OF BOX SALE
7.1. Placing an order
To place an order (hereinafter referred to as the “Order”), the Customer must select the Products of his/her choice and place them in his/her shopping basket.The Customer can access the basket summary at any time before the Order has been definitively validated, and can correct any errors in the information entered.
7.2 Order confirmation
Once the Order has been placed, the Customer will receive an e-mail confirming the Order, which will :summarizes the elements of the Order and the expected delivery date,
includes the General Terms and Conditions in force on the date of the Order.
The invoice corresponding to the Order is sent to the Customer by any useful means, in particular by e-mail or by being made available in the Customer's Account.
Customers must ensure that the contact details they provide when placing their Order or updating their Account are correct, and that they enable them to receive the Order confirmation e-mail. Should the Customer fail to receive the confirmation email, he/she should contact Défi International using the contact details mentioned in article 2.
Défi International recommends that the Customer retain the information contained in the Order confirmation.
The Order and its confirmation are deemed to have been received when the parties to whom they are addressed have access to them.
7.3 Product availability
Products displayed on the Site at a given moment are in principle deemed to be available in stock at that same moment, except in the case of a time-limited offer as part of a particular operation expressly mentioned as such on the Product page.This a priori availability is checked after the Order has been accepted and paid for. It is confirmed by the dispatch email sent by Défi International.
In the event of unavailability of one or more Products, Défi International undertakes either (i) to offer the Customer a new delivery date for the Product(s) ordered, or (ii) to reimburse the Customer by re-crediting the means of payment used at the time of purchase, within 14 calendar days of payment of the Order.
8. PRICE
8.1 Prices displayed on the Site
The prices displayed on the Site are expressed in euros (€) and are public prices inclusive of all taxes as they may be applicable in mainland France at the date of consultation of said offers. The VAT applied is that in force on the date the Order is placed. Specific taxes, other than VAT, applicable according to regulations (such as the furniture eco-tax or the participation eco-tax), are only indicated on the basket page.All Product prices displayed on the Site exclude delivery charges or any other ancillary services. They include only the price of the Product itself.
Défi International reserves the right to modify its prices at any time, but undertakes to apply the prices displayed at the time the Order is placed, subject to availability of the Product on that date.
The Products remain the property of Défi International until full payment has been received.
8.2. Box Service prices
8.2.1 Subscription, Formula and Gift Box prices
The price of the Box Service depends on the duration of the Subscription or the Formula or the Gift Box chosen. It is indicated on the Site at the time of the Order. Unless otherwise stated, it is quoted in euros, inclusive of all taxes and exclusive of delivery charges.The Customer will be informed of the delivery costs according to the place of delivery before validating the subscription to the Box Service.
Invoices corresponding to Subscriptions, Formulas and Gift Boxes are sent to Customers by any useful means, in particular by e-mail or by notification in the Account, at Défi International's discretion.
For the duration of the subscription to the Box Service, the Customer benefits from various advantages, which cannot be combined with any other current promotion, the terms and conditions of which are specified by email.
8.2.2 Revision of the Subscription price
The Subscription price may be revised by Défi International at any time at its own discretion.The Customer will be informed of such modifications by Défi International by any useful written means (and in particular by email) at least one and a half months before the new prices come into effect.
Once they have come into force, the new prices will apply when the Subscription is renewed. Défi International reserves the right, at its own discretion, to maintain the old prices for Customers who have already subscribed to a Subscription on the date the new prices come into force.
Customers who do not accept the new prices must cancel their Subscription in accordance with article 11. Failing this, they will be deemed to have accepted the new rates.
9. PAYMENT
9.1 Terms of payment
Regardless of the method of payment chosen from among those accepted on our Site, Orders will only be deemed to have been registered once payment has been validated or received.9.1.1 Cash payment by credit card
Payment can be made by the following credit cards: Carte Bleue, VISA, MASTERCARD, AMERICAN EXPRESS and MAESTRO.Online payment by credit card is perfectly secure, and allows you to enter your card number, expiry date and security code in the spaces provided. Credit card details are encrypted using SSL (Secure Socket Layer) protocol, and are never transmitted unencrypted over the network. Payment is made directly to the bank.
Défi International uses a secure Internet payment solution provider to manage payments on the Site. Défi International has no access to these details and cannot store them on its servers.
9.1.2 Payment by Paypal
Payments by Paypal are accepted on the Site and are made through Paypal in accordance with its own terms and conditions of sale and use of its services.The choice of this payment implies tacit acceptance of Paypal's general terms and conditions of sale and use.
The customer is invited to refer to them, as Défi International cannot be held responsible for the conditions set by Paypal: Paypal terms and conditions of sale and use.
9.2 Payment for the Box Service
9.2.1 Formulas and Gift Boxes
Payment for Formulas and Gift Boxes is made in a single payment at the time of subscription. Payment may be made by any secure online payment method offered by Défi international.9.2.2 Subscription
The payment for Subscriptions can only be made via direct debit.
The automatic debit of the Subscription price is made from the bank card number provided by the Client.
- For Clients who subscribed to a Subscription before August 19, 2019: the debit is made on the Subscription date, then between the 10th and the 30th of the renewal month for successive periods.
- For Clients who subscribed to a Subscription after August 19, 2019: the debit is made on the Subscription date, then between the 1st and the 30th of the renewal month for successive periods.
The Client agrees to take all necessary measures to ensure that the automatic debit for the Box Service can be made.
This automatic debit of the Subscription price is carried out by the secure Internet payment solution provider, to whom Défi International subcontracts the implementation of the payment and who alone retains the Client's bank details for this purpose.
Défi International does not retain any bank details. Défi International reserves the right to suspend or cancel the delivery of the Box and/or terminate the Client's Subscription in the event of non-payment of any amount owed by the Client, in the event of payment incident, or in the event of fraud or attempted fraud related to the use of the Box Service.
Penalties amounting to three (3) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the bank payment rejection, along with a fixed compensation of forty (40) euros for collection costs.
9.3 Payment for Non-Box Sales
Payment for the Order
The price of the Products is due at the time of the Order.
It can be paid online, by credit card or Paypal, through the secure online payment service freely chosen by Défi International and indicated on the Site at the time of the Order.
The Client guarantees to Défi International that they have the necessary authorizations to use the chosen payment method.
Défi International reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Client, in the event of payment incident, or in the event of fraud or attempted fraud related to the use of the Site.
Penalties amounting to three (3) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the bank payment rejection, along with a fixed compensation of forty (40) euros for collection costs.
9.4 Fraud Prevention
Défi International reserves the right to verify the validity of the payment, before shipping the Order, by any means deemed necessary (including identity documents, proof of address, etc.).
10. PROHIBITED BEHAVIORS
The following are strictly prohibited: (i) any behavior that could interrupt, suspend, slow down, or prevent the continuity of the Service, (ii) any intrusions or attempted intrusions into Défi International’s systems, (iii) any misuse of the Site’s system resources, (iv) any actions that could impose a disproportionate load on the infrastructure, (v) any breaches of security and authentication measures, (vi) any actions that could harm the financial, commercial, or moral rights and interests of Défi International or the Clients of its Site, and generally, (vii) any violation of these General Terms and Conditions.In the event of a breach of any provision of this section, or more generally, in case of any violation of laws and regulations, Défi International reserves the right to take appropriate measures and initiate legal proceedings.
11. DELIVERY
11.1 Order preparation times
Défi International reserves the right to subcontract all or part of the preparation and shipment of the Order to a third party mandated to carry out this service.All Products are considered in stock, and Orders are prepared within 48 business hours from the first business day following the receipt of payment by Défi International. Orders placed on a Saturday, Sunday, or public holiday will be processed on the next business day.
All timeframes mentioned on the Site are considered as strict deadlines.
The Product is delivered to the address provided on the Account and registered as the "delivery" address.
In case of data entry errors, particularly incorrect or incomplete delivery addresses, Défi International cannot be held responsible for delays or delivery failures. All costs related to re-shipping Products due to a Client's data entry error will be borne exclusively by the Client.
11.2 Delivery times for orders
Défi International reserves the right to choose the most appropriate shipping method depending on the nature of the Product, its weight, and its volume, which the Client acknowledges and accepts.
For the shipment of Products under Non-Box Sales, Défi International will make its best efforts to respect a delivery time between one (1) and three (3) business days for express shipping and between three (3) and ten (10) business days for standard shipping (depending on the Client's choice of delivery method).
When renewing the Box Service, the delivery time is approximately thirty (30) business days from the renewal of the Box Service. Delivery times cannot be guaranteed in the event of force majeure, as defined by law and jurisprudence. Delivery times do not account for any payment verification procedures that may delay the dispatch of the Order.
The estimated delivery date is indicated when placing the Order and for each of our Product listings. This is an average timeframe corresponding to the service used for delivery in mainland France. In case of absence, the Client is responsible for retrieving the Product from the relevant services.
11.3 Delivery tracking
The Client can track their Order at any time using the order number provided in the confirmation email, in their "My Account" space on the Site.
11.4 Delivery areas
Delivery is available worldwide unless otherwise specified or subject to special terms for certain countries indicated by Défi International at the time of Order confirmation.
11.5 Special delivery terms
When a product is eligible for postal delivery, the Client will have the option to choose between a collection point available only in mainland France or home delivery.
At the end of validating these shipping methods and before payment of the Order, the Client will have access to a summary of the Order by shipping method, for which the Products in question are eligible and according to the option chosen by the Client when proposed. The cost of the selected or affected shipping methods will be displayed before the Order is paid.
When the Order is duly prepared and ready for shipment, the Client will receive an email regarding the dispatch of each part of their Order via the agreed shipping method.
⇒ Delivery to Collection Point:
Défi International offers the Client who has chosen the "Collection Point" option, only for mainland France, the names and addresses of professionals providing these services closest to the chosen delivery location. The Client will be able to consult the opening hours and days of the selected Collection Point.
Upon receipt of the Order at the Collection Point, the Client has fourteen (14) calendar days to collect their parcels. Failing this, the Order will be returned to Défi International, which will email the Client to resend their Order at their expense. Without a response from the Client within seven (7) days of sending this reminder email, Défi International will consider that the Client has exercised their right to return, and the refund will proceed as outlined for the right of withdrawal.
⇒ Delivery by carrier:
Défi International uses the carriers of its choice to ensure timely delivery of parcels. The delivery and receipt terms for parcels are specific to each carrier. In principle, in case of absence and the inability to deliver the parcel to the Client, the Client will receive a delivery notice. They will then have 14 calendar days to collect their parcel from the post office indicated on the notice. Failing this, the Order will be returned to Défi International, which will email the Client to resend their Order at their expense. Without a response from the Client within 7 days of sending this reminder email, Défi International will consider that the Client has exercised their right to return, and the refund will proceed as outlined for the right of withdrawal.
11.6 Delivery rates
11.6.1 General rates
The cost of transportation is calculated based on the destination and the weight of the parcel.
All prices are in euros (€) inclusive of all taxes and charges, including VAT at the current rate on the day of delivery.
The shipping fees are automatically calculated as soon as a product is added to the basket, based on delivery within mainland France. The Client can freely view the billing and the carrier associated with their products.
The final calculation of shipping costs for other destinations is carried out once the postal code of the delivery address is entered, and before the Client confirms their Order.
Specific offers of free shipping are only valid for standard shipping in mainland France, unless otherwise expressly stated.
11.6.2 Box-specific terms
Défi International ensures the delivery of the Box and/or Products in mainland France through the chosen parcel delivery provider (hereinafter the "Carrier"). Défi International is free to offer one or more delivery options before confirming the Subscription, Formula, or Order.
The delivery of Products is made to the address indicated at the time of the Order or the subscription to the Box Service by the Client.
The Box for the current month is delivered no later than the 25th of the current month. The delivery of Products takes place on the indicative date provided by Défi International at the time of the Order. The Client acknowledges and accepts that these are merely indicative timeframes.
When the Client is a professional, they acknowledge and accept that ownership of the Box transfers upon handover to the Carrier. Défi International cannot be held responsible for any loss or damage caused to the Box during transportation. The Client acknowledges and accepts that the Box travels at their own risk and that it is their responsibility, in case of damage, loss, or harm, to make all claims or pursue all remedies with the Carrier.
When the Client is a consumer as defined by the Consumer Code, they are informed that in the event of a failure by Défi International to deliver the goods on the scheduled date, the Client may first require Défi International to make delivery within a reasonable time. Failing that, they may cancel the Order in writing, on any durable medium, and obtain a refund of their Order. Défi International cannot be held responsible if the failure to fulfill its obligation is due to an unforeseeable and insurmountable event by a third party.
12. ACCOUNT DELETION
The Client may request the deletion of their Account at any time by sending a request to Défi International using the contact details provided in Article 2. They will receive a confirmation email of the deletion of their Account as soon as possible.In the event that the Client has subscribed to a Subscription or a Formula, the deletion of the Account will take effect from the date of termination of the Subscription or the end of the Formula.
13. RIGHT OF WITHDRAWAL
In the case of Non-Box Sales, the Client has a period of fourteen working days from the date of receipt of the ordered Products to withdraw without having to justify reasons or pay penalties, except for personalized products (engraved medals, bracelets, and rings) and excluding return costs, which remain their responsibility.
The Client who wishes to exercise their right of withdrawal must send Défi International, at the contact details mentioned in Article 2, before the expiry of the above period, the withdrawal form annexed to these General Terms, duly completed, or a declaration clearly expressing their desire to withdraw, including their Order number or the identification of their Subscription or Formula.
The Box, or Products in the case of Non-Box Sales, must be returned to Défi International in their original packaging. They must be accompanied by a return voucher downloadable from the Site from the Client Account. The Client is considered responsible in case of damage to the Box and/or Products during their return to Défi International.
The Client will be refunded as soon as possible, and no later than fourteen days from the date of actual receipt by Défi International of the withdrawal request, for the full amount paid for their Subscription, Formula, or Order, after deduction of return costs, which remain the Client's responsibility. Défi International reserves the right to defer this refund until the actual recovery of the Box and/or Products.
14. WARRANTIES
14.1 Legal warranties
The non-professional Client benefits from legal guarantees of non-conformity as well as against hidden defects of the sold item, in accordance with the legal provisions outlined below.If the Client finds that the Box or Product delivered to them has a defect, is non-compliant, or is damaged, they can return it to Défi International as described below.
The Client must contact Défi International's customer service via the contact form, specifying the nature of the defect, non-compliance, or damage observed. Défi International will then indicate whether or not the Box or Product needs to be returned. If so, the Client will return the Box or Product and may be reimbursed for the return costs upon presentation of proof.
The Box and Products must be returned to Défi International in their original packaging, accompanied by the corresponding invoice and the return number provided by Défi International.
Under these terms, the non-professional Client is reminded that Défi International is liable for non-conformity of the Products under Article L.217-4 and following of the Consumer Code, which states: "The seller delivers a good that complies with the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when these were their responsibility under the contract or were carried out under their responsibility."
The non-professional Client is informed that under Article L.217-5 of the Consumer Code, "The good is compliant with the contract if:
1° It is suitable for the use usually expected of a similar item, and if applicable:
- It matches the description provided by the seller and possesses the qualities the seller presented to the buyer as a sample or model;
- It presents the qualities that a buyer can legitimately expect given public declarations made by the seller, by the producer, or their representative, notably in advertising or labeling;
2° Or it presents the characteristics defined by mutual agreement by the parties or is suitable for any specific use sought by the buyer, brought to the seller’s attention, and that the seller accepted."
Under Article L.217-12 of the Consumer Code, the non-professional Client is informed that "the action resulting from the defect of conformity is prescribed for two years from the delivery of the good."
Additionally, Article L217-16 of the Consumer Code provides that "when the buyer asks the seller, during the commercial warranty granted during the acquisition or repair of a movable item, for a covered repair, any immobilization period of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability of the item for repair, whichever is later."
Défi International is also liable for hidden defects in the sold item under the conditions provided in Article 1641 of the Civil Code, which states: "The seller is bound by the warranty for hidden defects in the sold item that make it unfit for the use it was intended for, or that so diminish its use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them."
The non-professional Client is informed that under Article 1648 paragraph 1 of the Civil Code, "the action resulting from redhibitory defects must be initiated by the buyer within two years from the discovery of the defect." If the non-professional Client chooses to enforce the warranty against hidden defects of the sold Product, they may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
It is recalled that when acting under the legal guarantee of conformity, the Client:
- Has a period of two (2) years from the delivery of the good to act;
- May choose between the repair or replacement of the good, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;
- Is exempt from proving the existence of the non-conformity of the good during the twenty-four (24) months following the delivery of the good;
- May decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
It is also recalled that the legal guarantee of conformity applies independently of any commercial warranty that may be granted.
Défi International will carry out the necessary checks and proceed with the repair or replacement of the Box or Product.
If the repair or replacement of the Box or Product is impossible, Défi International reserves the right to send the Client another Box or another Product of equivalent value.
14.2 After-sales service and commercial warranty
In addition to the legal warranty, the Client can always contact Défi International's customer service for any questions regarding the use of the Products, maintenance methods, or the ordering of a defective part. Unless otherwise indicated by Défi International at the time of Order confirmation, the Client benefits from a commercial warranty of three (3) months on Products (excluding the Box). To benefit from this, the Client must contact Défi International's customer service (via the contact form).
15. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases, and content (texts, images, visuals, music, logos, brands, etc.) used by Défi International on its Site, as well as the Products presented, are protected by all intellectual property rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without Défi International’s authorization, are strictly prohibited and may result in legal action.The brands, logos, trade names, initials, trade names, shop signs, and/or domain names of Défi International and/or the creators mentioned on the Site constitute distinctive signs that may not be used without the express and prior authorization of their owner.
Any representation and/or reproduction and/or exploitation, in whole or in part, of these distinctive signs is therefore prohibited.
16. LIABILITY
16.1 For all stages of access to the Site, the Order process, delivery, customer service, or subsequent services, Défi International only has a best-effort obligation. Consequently, Défi International cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses, or any event qualified as force majeure, in accordance with the jurisprudence.Moreover, Défi International cannot be held responsible if the Order is unsuccessful or if Défi International is prevented from fulfilling any of its obligations due to a force majeure event as defined in Article 1218 of the Civil Code and interpreted by the courts.
16.2 Défi International reserves the right to temporarily interrupt access to its Site for maintenance reasons. Défi International cannot be held liable for any difficulties or temporary inability to access its Site that may be caused by external factors, force majeure, or disruptions in the telecommunications network.
16.3 Défi International does not guarantee that the Box Service, which is standard and not specifically intended for the Client’s personal needs, will meet their specific needs and expectations.
16.4 Défi International strives to provide the most accurate photographic representations of the Products on the Site. However, given the digital presentation of the Products on the Site, the Client acknowledges and accepts that their perception of the photographic representation of the Products may not correspond exactly to the actual Product.
16.5 The Products offered for Non-Box Sales are available as long as they are listed on the Site and within the limits of available stock. In the event of the unavailability of one or more Products after placing the Order, the Client will be notified by email. The amount of the Order will be recalculated, and the Client will be charged the new amount, reduced by the missing Products. If the Order is entirely unavailable, the Client will be notified by email and will not be charged or will be refunded. In any event, Défi International cannot be held liable for any damage suffered by the Client, nor be required to pay any compensation.
17. PERSONAL AND BANKING DATA
The processing of the Client's personal data by Défi International is governed by the "Personal and Banking Data Protection Charter." By using the Site and creating an Account, the Client agrees to the processing of their personal data by Défi International in accordance with the law and the provisions of the "Personal and Banking Data Protection Charter."18. PARTIAL INVALIDITY
If any provision of the General Terms and Conditions is declared null due to a change in legislation, regulation, or court decision, this will in no way affect the validity and enforceability of the other provisions of these General Terms and Conditions.19. DURATION
These General Terms and Conditions apply for the duration of the Client's Account being maintained online on the Site.20. MODIFICATIONS
Défi International reserves the right to modify these General Terms and Conditions at any time.Clients will be informed of these modifications by any appropriate means at least 1.5 months before they take effect.
If the Client has subscribed to a Subscription, the modified General Terms and Conditions will apply to it from its renewal following their entry into force. If the Client does not accept the modified General Terms and Conditions, they must cancel their Subscription before the modified General Terms and Conditions take effect.
If the Client benefits from a Formula or a Gift Box, the General Terms and Conditions in force at the time of their subscription to the Box Service remain applicable until the end of the Formula or Gift Box in question.
For Non-Box Sales, the modified General Terms and Conditions apply to any Client who places an Order after their entry into force.
When a Client places an Order in addition to the Box Service, they are subject, for that Order only, to the General Terms and Conditions they accept when placing it.
21. ADVERTISING
Défi International reserves the right to insert any advertising or promotional messages on any page of the Site in a form and under conditions that Défi International alone will determine. More generally, the Client acknowledges being informed that Défi International may broadcast any advertising and promotional content on the Site.22. LINKS, THIRD-PARTY SITES
Défi International cannot be held responsible for the technical availability of third-party websites operated by third parties to which the Client may have access through the Site, including potential partners.Défi International assumes no responsibility for the content, advertising, products, and/or services available on such third-party sites or offered by these third parties, which are governed by their own terms of use.
Défi International is not responsible for transactions between the Client and any advertiser, professional, or merchant to which the Client would be directed through the Site, and cannot be a party to any disputes that may arise with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations, and other obligations to which these third parties are bound.
23. LANGUAGE
In the event of a translation of these General Terms and Conditions into one or more languages, the French language shall prevail in the event of any contradiction or dispute regarding the meaning of a term or provision.24. EVIDENCE
The computerized records, stored in the IT systems of Défi International and its partners under reasonable security conditions, will be considered proof of communications, Orders, and payments made between the Parties.25. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed by French law.In the event of a dispute regarding the interpretation and/or execution of these General Terms and Conditions, Article R631-3 of the Consumer Code provides that the consumer may bring the matter before either one of the territorially competent courts under the Civil Procedure Code or the court where they resided at the time the contract was concluded or the place where the damaging event occurred.
When the Client is a private individual, they are informed that any dispute will be brought before the courts of the place where they reside or where the Product was to be delivered.
26. MEDIATION
In accordance with Article L. 612-1 of the Consumer Code, you may access the free mediation service of MEDICYS, to which we are affiliated, electronically at: https://app.medicys.fr/?proId=1aef47ae-be74-4551-8a57-f236ff4f18ebor by post at: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.
The non-professional Client also has the option of submitting a complaint via the Online Dispute Resolution platform (referred to as the "ODR" platform) accessible via the following link:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
This link is also accessible on the Site in the CGV section.
ENTRY INTO FORCE
Version dated 06/08/2019
ANNEX 1
MODEL – PRODUCT AND SERVICE WITHDRAWAL FORM
(Please complete and return this form if you wish to withdraw from the contract with the Company concerning the Products and Services)
To the attention of:
Défi International
Postal address: 5 rue Pierre Chausson - 75010 Paris
Email address: [to be completed]
I () hereby notify you () of my withdrawal from my order for Service or Product dated:
OR
Concerning the following Services or Products (please provide identification details of the Services or Products):
Client's name:
Client's address:
Client's signature: (only in the case of notification of this form on paper)
Date:
(*) Delete as appropriate.
WITHDRAWAL FROM THE RIGHT OF WITHDRAWAL FORM
WITHDRAWAL FROM THE RIGHT OF WITHDRAWAL
(Article L.221-25 of the Consumer Code)
If you wish for the Services to be executed and/or to begin before the end of the withdrawal period provided for in Article L.221-18 of the Consumer Code, you must renounce your right of withdrawal. Please:
- Tick the box below
- Complete this form
- Send the form to the Company at the following address: 5 rue Pierre Chausson - 75010 Paris, or via our contact form.
□ I wish for the Services to be executed and/or to begin before the expiration of the withdrawal period to which I am entitled under Article L.221-18 of the Consumer Code, and hereby expressly renounce the right of withdrawal granted to me under this article.
Date:
Client's name:
Client's address:
Client's signature:(only in the case of notification of this form on paper)