The "General Terms and Conditions of Sale" set out below apply exclusively between JL26 - DEELUXE, a limited liability company with capital of €201,000 whose registered office is at BUREAUPOLE - BAT B - 2 avenue Elsa Triolet - 13008 Marseille, registered in the Marseille Trade and Companies Register under number 477 884 969 000 15, and any person browsing or making a purchase via the www.deeluxe.fr website.
In order to better meet the expectations of its customers, the Company has set up, in parallel with its distribution network in multi-brand boutiques, a distance selling system via the Internet for a selection of items.
JL26 - DEELUXE recommends that Internet users read carefully and take into account all the clauses of the general conditions of sale below, as placing an order implies the buyer's full and unreserved acceptance of these conditions.
The present conditions apply to the sale of products by SARL JL26 - DEELUXE in its online shop at www.deeluxe.fr.
By becoming a member of the www.deeluxe.fr community, all Internet users must agree to accept these general terms and conditions of sale by clicking on the "I accept the general terms and conditions of sale" box.
In the absence of proof to the contrary, the data recorded by SARL JL26 - DEELUXE constitutes proof of all transactions between SARL JL26 - DEELUXE and its customers. The fact that the seller does not take advantage, at a given moment, of any of the provisions of the present conditions, cannot be interpreted as a renunciation to take advantage of any of the clauses at a later date.La société JL26 - DEELUXE est joignable :
By post: SARL JL26 - DEELUXE, BUREAUPOLE - BAT B - 2 avenue Elsa Triolet - 13008 Marseille
email@example.com (for private individuals only)
firstname.lastname@example.org (for professional requests)
By telephone :
- 04 91 77 72 49 (hotline dedicated to private customers only, Monday to Friday, 10 am to 12.30 pm and 2pm to 5pm)
- 04 91 77 01 46 (for business enquiries)
The purpose of these general terms and conditions of sale is to define the reciprocal rights and obligations of the parties, as well as the various stages of the online ordering process.
These general terms and conditions of sale apply to all sales of articles bearing the Company's trademark concluded remotely via the Company's DEELUXE website identified by the domain names: "www.deeluxe.fr" (hereinafter referred to as the "Site"):
- it includes all sales made by placing an order with customers who are natural persons acting as consumers (within the meaning of the law and case law) and who have their usual place of residence in France or abroad;
- with a view to delivery to the same individual customers on their own behalf or to any third party of their choice who also have their usual place of residence in the same territories and the status of consumer (within the meaning of the law and case law).
Any sale of articles bearing the Company's trademarks via the Customer Relations Department and/or the Site is subject to these general terms and conditions of sale, which the customer accepts.
These terms and conditions may be amended and updated from time to time. The terms and conditions applicable to the ordering of an item by a customer are those in force on the day the order is placed.
CHARACTERISTICS OF THE ITEMS OFFERED
Information (name, definition, reproduction of items, detailed description: properties, characteristics and composition, etc.) relating to all items bearing the Company's trademarks offered for distance selling is available, in accordance with the applicable legal and regulatory requirements, in all DEELUXE shops or on the Site.
While the Company takes the utmost care to ensure that the information, item descriptions and data available on the Site or in DEELUXE's own boutiques are accurate and up to date, it cannot be held liable for any non-substantial errors that may occur.
Likewise, although the photographs and other reproductions of the articles on the Site and in the DEELUXE boutiques accurately represent them - and this within the limits of technology and in accordance with the best market standards - these are nevertheless only indicative and have no contractual value.
In any event, in the event of non-conformity of the item delivered in relation to its description, the Company undertakes to correct this error under the conditions set out in articles 12 and 13 below.
More generally, the Company may not be held responsible for
- interruptions or delays to the Site due to maintenance work, technical breakdowns, force majeure, third parties or any other circumstances whatsoever beyond its control;
- the impossibility for the customer or the Company to temporarily access the Site, due to events beyond its control, such as computer breakdowns, interruptions in the telephone network, the Internet network or failure of the customer's Internet reception equipment.
CONDITIONS PRIOR TO ORDERING
a. To place an order on the Site, the customer must be of legal age, have their usual place of residence in France or abroad, have legal capacity and be the holder of a bank card as defined in article 9 below.
Prior to placing an order, the purchaser declares that the purchase of an item on the Site is not directly related to his/her professional activity and is limited to strictly personal use.
Orders will be received in French and will be accepted while stocks last.
To this end, the customer is informed at the time the order is taken, on the information page of the Site describing each item:
- of the availability of the item ;
- or, in the event of temporary unavailability of the item sold, of the possibility of being informed of the restocking of this item by e-mail with a view to a future order.
If, despite the Company's vigilance, the items ordered are no longer available, the Company will inform the customer by any means (telephone call or e-mail) within seven (7) days. The customer's bank account will be debited on the date of the order for the item(s), and the transaction will be cancelled and reimbursed.
b. The customer undertakes to ensure that all information communicated to the Company on the Site as part of the order complies with these general terms and conditions of sale and is complete, accurate and up to date.
If this is not the case, the Company reserves the right to simply cancel the order and the payment.
c. In accordance with the provisions of article L.122-1 of the French Consumer Code, the Company shall be entitled, in the case of retail sales, to refuse any order exceeding the authorised number of items: 5 items, up to a maximum of 2 identical items ordered. The Company shall also be entitled to refuse any order: (I) placed by a customer with whom there is a dispute relating to the payment of a previous order; or (II) which does not comply with these general terms and conditions of sale. If the Company finds that the order does not comply with these general terms and conditions of sale (for example: incorrect delivery address, order thresholds exceeded), it will inform the customer by telephone or e-mail within a maximum of six (6) days.
If the customer fails to contact the Company to correct the erroneous information contained in the order or information that is contrary to these general terms and conditions of sale, the Company reserves the right to cancel the order and the payment outright.
Orders placed on the Site are subject to strict compliance with the procedures described below, which are also illustrated by a succession of different screens showing the successive stages that the customer must follow to validate the order.
A-FIRST STAGE: SELECTION OF ITEMS BY THE CUSTOMER
On the Site, the customer selects, enters and validates the identification and quantity of the items they wish to order; the said items are added to their "Cart".
B-SECOND STAGE: CHECKING THE SELECTED ITEMS
Customers can freely modify their "Cart" of selected items online, delete an item initially selected, modify the quantities ordered or add an item by clicking on the corresponding items in the "Cart".
Within the "Cart", the price of the items, as defined in article 7 below, is automatically displayed.
C- THIRD STAGE: CONFIRMATION OF ITEMS SELECTED AND CONFIRMATION OF ORDER
Once the customer has completed his/her selection and wishes to validate the composition of his/her "Basket", he/she must then identify him/herself: if he/she has a customer account with the Company, by his/her e-mail address (identifier) and password; if he/she does not have a customer account with the Company, he/she must create his/her customer account with his/her name, his/her usual place of residence to which the order will be billed, his/her telephone number and e-mail address.
The customer must also validate: the delivery address for the order - it being specified that this address may correspond to the usual place of residence in France, or abroad, of a third party beneficiary chosen by the customer or, failing this, to the address of the company within which the third party beneficiary carries out his or her professional activity if this is located in France or abroad; the amount of the delivery costs for the order being specified on this occasion - and finally the chosen method of payment. Once all this information has been duly entered and validated, the price of the items, as defined in article 7 below, and the delivery costs are automatically displayed. Postage is free for orders of €50 or more (only with the option of delivery in France by Colissimo without insurance).
After providing their bank card number, in accordance with the conditions set out in article 8 below, the customer then clicks on the "CONFIRM" button to debit their bank account. The debit authorisation issued by the customer's bank is displayed. The customer is advised to save and/or print this debit authorisation on paper.
Once the debit of the customer's bank account has been authorised by the customer's bank, the customer's "Shopping Basket" is sent directly to the Company's order preparation department, and the customer's order number is displayed. This order is binding on the customer as soon as the Company receives the duly completed "Shopping Cart" and validates it by displaying the order registration page.
D- FOURTH STAGE ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER BY THE COMPANY
Within a maximum period of six (6) days following the display of the order registration page, the Company will acknowledge receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer. In accordance with the provisions of article 1369-2 of the French Civil Code, the customer formally accepts the use of electronic mail for confirmation by the Company of the content of his/her order. This confirmation e-mail includes all the information communicated by the customer with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the items ordered, delivery times or chosen method of payment). It mentions the order number allocated to the customer by the Company.
As an exception to the aforementioned maximum period of six (6) days, the e-mail acknowledging receipt of orders accompanied by payments made with an international bank card issued by a bank domiciled outside France will only be sent by the Company once its bank account has been credited with the sums due by the customer.
The company reserves the right to request a copy of the customer's identity document (to be received by email or fax) to prove its authenticity. This is to protect users and the seller from fraud that may occur by means of bank cards. If the customer does not respond to this request, the company may decide to cancel the order for security reasons.
PROOF OF ORDER
De manière générale, il est prévu de convention expresse entre la Société et le client que les courriers électroniques feront foi entre les parties de même que les systèmes d’enregistrement automatiques utilisés sur le Site, notamment quant à la nature et la date de la commande. Par ailleurs, la Société conserve les éléments relatifs à toute commande d’un montant égal ou supérieur à 120 euros pendant une durée de 10 ans et les tient à la disposition du client.
However, for orders placed on the Site, it is recommended that the customer also keeps a copy (in electronic format and/or on paper) of the elements relating to their order (for example, the e-mail sent by the Company in accordance with article 5-D above).
The prices displayed on the Site are in Euros and include all taxes, excluding delivery costs. The prices invoiced are those in force on the date of the order. The amount of the carriage costs relating to the delivery of the items will be automatically displayed on the Site when the order is validated and will be communicated to the customer again when the order is confirmed by e-mail. In accordance with the provisions of article L.121-19 of the French Consumer Code, the customer will receive written confirmation of the price paid and the delivery charges for each item upon delivery.
PAYMENT OF THE PRICE
The customer's purchases are paid for by :
- PAYPAL, either by logging into your account or by creating it directly in the Paypal interface and providing your credit card details.
- Cards from the "CB" network, Visa, Eurocard, Mastercard. Cards issued by banks domiciled outside France must be international bank cards. In this context, the customer undertakes to pay using a bank card of which he/she is the personal holder and which bears his/her identity (first and last name).
System secured by 3D Secure and set up by HSBC bank.
A BRIEF PRESENTATION OF HSBC BANK:
HSBC in France is the subsidiary of one of the world's strongest banking groups.
HSBC's strategy is to be where the growth is, connecting customers to the opportunities it creates, helping businesses to grow, economies to prosper and people to realise their ambitions.
As a universal bank, HSBC is implementing this strategy in France, with the ambition of becoming the partner of choice to support French businesses in their international expansion and private individuals in managing their wealth.
The DEELUXE online shop does not store any credit card numbers.
By communicating his/her bank card number and/or bank details, the customer accepts in advance and unconditionally that the Company may proceed with the secure transaction. The customer therefore authorises his/her bank in advance to debit his/her account on the basis of the records or statements sent by the Company, even in the absence of invoices signed by the cardholder.
Authorisation to debit the customer's account is always given for the amount of the item(s) purchased as invoiced by the Company. The customer's bank card is debited within a maximum of six (6) days: following the customer's click on the "CONFIRM" button on the Site, after verification that the order complies with these general terms and conditions of sale, that the item(s) are available, and when the item(s) are dispatched by the Company.
In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debit the sums due by the Customer, the order will not be recorded by the Company and will therefore not be delivered.
RETENTION OF TITLE
THE COMPANY RESERVES OWNERSHIP OF THE BOOK ITEMS UNTIL FULL PAYMENT OF THE PRICE IN PRINCIPAL AND INTEREST. PAYMENT IS MADE WHEN THE PRICE IS ACTUALLY RECEIVED.
IN THE EVENT OF NON-PAYMENT IN FULL OR IN PART, THE COMPANY MAY, WITHOUT PRIOR FORMAL NOTICE, RECLAIM THE ARTICLE(S) THAT MAY HAVE BEEN DELIVERED BY THE COMPANY TO THE CUSTOMER.
All orders placed before 12:00 noon with Colissimo will be delivered within 48 hours, and all orders placed before 12:00 noon with Chronopost will be delivered the next day before 13:00 noon.
If you choose the Colissimo option without insurance, delivery is free.
Items may only be delivered :
- either to the customer's usual place of residence ;
- or to the delivery address indicated by the customer at the time of ordering, it being remembered that this address must correspond to the usual place of residence of a third party beneficiary chosen by the customer and usually residing in France or abroad, failing this, to the address of the company within which he/she carries out his/her professional activity if this is located in France or abroad.
- it being understood that, in any event, it may not be sent to post office boxes.
In this respect, the customer undertakes to have communicated the exact address of their usual place of residence when validating their order.
Once payment for the order has been received, the items will be delivered to the delivery address indicated by the customer. In accordance with the provisions of article L.121-20-3 of the French Consumer Code, delivery of the items ordered will take place either within 30 days of the date of the order at the latest; or, within the time period of which the customer will be notified in advance in the event of temporary unavailability of the said item accepted by the customer: at the time of adding an item to the customer's "Basket" as well as before acceptance of the order.
The Company will deliver the items ordered by Colissimo for metropolitan France, and Chronopost International for France and abroad.
Orders will be delivered to the customer's home address with or without a signature, depending on the delivery option chosen.
Delivery will be made in France and abroad.
These shipping costs, all taxes included, are as follows:
- for France by Colissimo without insurance: free of charge
- for France by Chronopost 15€.
INTELLECTUAL PROPERTY RIGHTS
The customer is granted a licence to use the Site, which remains the exclusive property of the Company, which has created and put online the web pages, images and script sources, and the basic data making it up. The customer is therefore prohibited from distributing or reproducing the Site, in whole or in part, in any form whatsoever.
The Company's products and the Company's trademark, as well as all the illustrations, images, designs and models and logos appearing on the Company's products sold by mail order, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the Company. Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logos, designs and models for any reason and on any medium whatsoever, without the express prior written consent of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo.
Similarly, the following are strictly prohibited without the express prior written consent of the Company
- the creation of hypertext links to any of the pages or elements making up the Site;
- any use that does not comply with this licence to use the Site and, in particular, the use of any of its component parts (items presented, descriptions, prices, data, software, graphics, images, text, photographs, tools, etc.) for sale or any other use that is directly or indirectly commercial.
OFFERS AND PROMOTIONAL CODES
Promotional codes or various offers generated by DEELUXE do not apply to delivery costs, unless the promotional code specifically relates to delivery costs. These offers cannot be used for promotions or exceptional offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).
Offers and promotional codes cannot be exchanged for their monetary value. In the event of the return of an item (refund or credit note) for reasons not attributable to DEELUXE, promotional codes or various offers cannot be reused on the occasion of a new purchase.
Refunds following returns will only relate to the sums actually paid, therefore excluding the part paid for by promotional codes or various offers. In the case of grouped purchases which have benefited from discounts proportional to a cumulative total amount of the purchase, if the return of one or more items has the effect of reducing the amount of the purchase by lowering the amount of the discount applicable to the items retained, and if the customer has not paid the difference on receipt of the corrected invoice, the amount of the refund by the seller will take into account the new amount of the discount thus applicable to the items retained and the difference will be deducted proportionally from the refund for the items returned.
RIGHT OF WITHDRAWAL AND RETURN OR EXCHANGE POLICY
In accordance with the provisions of Articles L.121-20 et seq. of the French Consumer Code, the Customer has a right of withdrawal which may be exercised, without having to give reasons, within fourteen (14) clear days of receipt of the items. Deeluxe extends this right to thirty (30) clear days from receipt of the items. In this case, the customer may return the items delivered within this period, in their original packaging, in perfect condition, complete (accessories, instructions, warranty, etc.) and accompanied by a copy of the order form.
Items purchased online cannot be returned or reimbursed in DEELUXE boutiques or in multi-brand boutiques distributing the DEELUXE brand.
It will be the customer's responsibility to keep all proof of this return, which assumes that the items are returned by post, the return costs will be reimbursed in the form of a credit note valid on the Deeluxe online sales site on sending the invoice for the postage costs incurred to the address email@example.com.
The invoiced price of the returned items will be reimbursed by crediting the customer's bank account no later than fourteen (14) days following receipt of the returned items by the Company. Items returned incomplete, damaged, deteriorated or soiled due to the customer's fault will not be reimbursed and will not, in any event, give rise to the issue of a credit note.
The customer must contact the Company's customer relations department by e-mail (firstname.lastname@example.org), Monday to Friday from 10 a.m. to 5 p.m. to obtain a return agreement.
Items must be returned to the following address:
Mobiltron France SAS
20 rue Pierre et Marie Curie
ZA La Blinière
F-35370 Argentré du Plessis
An exchange as we understand it only concerns the size of an item or its colour.
Except in exceptional cases discussed with customer service:
- We do not exchange the model.
- Exchanges will not be made for items with a different price.
Items purchased online cannot be exchanged in DEELUXE boutiques or in multi-brand boutiques distributing the DEELUXE brand.
For an exchange to be granted, prior authorisation must be requested from the customer service department by e-mail to the following address email@example.com.
Following this request, an email will be sent to the customer in response, explaining the exchange procedure in detail.
The parcel should be sent by post to the following address:
Mobiltron France SAS
20 rue Pierre et Marie Curie
ZA La Blinière
F-35370 Argentré du Plessis
Once the parcel has been received, the exchange is processed within 48 hours, and the parts are sent back to the customer (at Deeluxe's expense) by Colissimo.
The customer must ensure that the items delivered correspond to the order. In the event that the items delivered do not comply with the order, the customer must inform the Company within thirty (30) days, either by e-mail sent to the address firstname.lastname@example.org justifying the non-conformity of the item with the order and, after agreement by the Company, return the items in question in their original packaging, in perfect condition, complete (accessories, instructions, guarantee, etc.) and accompanied by a copy of the delivery note.
The item must be returned by registered post, or by any other means giving a certain date, the cost of return being - if the non-conformity of the item noted by the customer is proven - at the Company's expense. If it is not possible to exchange the returned item and if the customer does not wish to receive a credit note from the Company, the invoiced price of the non-conforming items returned will be refunded by crediting the customer's bank account within thirty days of receipt of the returned items by the Company.
Reimbursement of the cost of returning and transporting non-conforming items will be made by crediting the customer's bank account after the customer has sent proof of the said costs.
Notwithstanding the specific guarantee conditions that may have been given to the customer with the item delivered, the Company's items are subject to the following legal guarantees:Article L. 211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".Article L. 211-5 of the French Consumer Code: "To be in conformity with the contract, the goods must :
1º Be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model ;- have the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.and which the latter has accepted".Article L. 211-12 of the French Consumer Code: "Action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods".
Article 1641 of the French Civil Code: "The seller is liable for any latent defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".
Article 1648 paragraph 1e of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within a short period of time, depending on the nature of the redhibitory defects".
The performance by the Company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays their performance. This includes, but is not limited to, war, riots, insurrection, social unrest, telephone or computer breakdowns or serious disruption to the security and coherence of the Internet network, strikes of any kind and the Company's supply problems. The Company will inform the customer of any such fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension of the performance of the Company's obligations continues beyond a period of fifteen days, the customer will then have the option of cancelling the order in progress, and will then be reimbursed by the Company as soon as possible by crediting the customer's bank account.
The fact that the Company refrains from requiring performance of any of the provisions of these general terms and conditions of sale at a given time may not be interpreted as a waiver of the right to invoke said total or partial non-performance at a later date.
VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
If any provision of these general terms and conditions of sale is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these general terms and conditions of sale shall remain unaffected and shall continue to apply.
SETTLEMENT OF DISPUTES
These general terms and conditions of sale shall be executed and interpreted in accordance with French law.
In the event of any difficulty arising in connection with the order or delivery of the Company's products, the customer shall have the possibility, before taking any legal action, of seeking an amicable solution, in particular with the help of a consumer association or any other advisor of his/her choice.
The competent court is the Tribunal de Commerce de Marseille, 2 Rue Emile Pollak, 13006 Marseille.
In accordance with the Data-processing Law and Freedoms of January 6, 1978, the customer has a right of access, of modifications, correction, opposition and suppression of the personal data relating to it.
To exercise this right, simply send a letter to SARL JL26-DEELUXE, BUREAUPOLE BAT.B, 2 avenue Elsa Triolet, 13008 Marseille.
4 october 2011
Last revised on 4 November 2015