1. General principles
These General Conditions of Sale (the “Conditions”) are intended to govern any sale of products to individuals made via this Site by Le diX concept. Legal Notice
Consequently, any order placed by Le diX concept necessarily implies, as an essential and determining condition, the unconditional acceptance by you of the Conditions in force on the day of the order concerned. You further acknowledge that acceptance of the Conditions will result in their application to the order to which they relate, as well as to any subsequent order, except where new conditions are brought to your attention.
The customers of the site are asked by Le diX concept to kindly print the general conditions of sale as they stand on the day of the order placed on this site.
The fact that by the diX concept does not take advantage of any of the Conditions at any given time cannot be interpreted as a waiver of the right to use it for the future or the past.
APPLICABLE LAW AND COMPETENT JURISDICTION
The present conditions are governed by French law. Any dispute as to their validity, their interpretation or their execution will be subject, failing amicable agreement within 60 days of its occurrence, to the exclusive jurisdiction of the French courts.
The products offered for sale are those presented in the catalog by Le diX concept available on the Website and in force on the day of the order. They consist of lighting objects, accessories, furniture, games, toys and design or decoration objects ("Products"). Each Product presented in the catalog is associated with a file describing the essential characteristics communicated by the supplier and comprising various related photographs. The Products are available within the limits of available stocks, it being specified that by The diX concept implements all means for the purposes that the catalog actually reflects said availability.
All Product orders are made exclusively through the Site and include each of the following stages:
(1) Consultation of the Product file, which indicates in particular the state of the stock.
(2) Selection of a Product by clicking on "Add to basket". The “Basket” screen allows you to view the various Products selected during navigation and offers the possibility of deleting a Product or modifying the quantities ordered.
(3) Identification / Account creation. The identification as a pre-existing customer is made by entering a login / password in the fields provided for this purpose. The creation of a customer account is carried out by following the procedure which appears after clicking on the link "I create my account".
(4) Consultation of the order and choice of payment method. The consultation of the order makes it possible to make sure that the various elements appearing within the summary are in conformity with the request (article, quantity, delivery, price), being specified that you have at any time the faculty to modify one any of them by means of the links available for this purpose.
(5) Acceptance of these Conditions by checking the box provided for this purpose in order to proceed to the "Payment" step. The Conditions, available both for reading and printing from the "General Conditions of Sale" link, must be accepted for each order.
(6) Payment of the order according to the payment method previously selected.
(7) Acknowledgment of receipt of the order, by means of the automatic transmission by the site of an electronic mail to the address previously communicated.
4. Financial conditions
4.1. Product Prices
DiX concept reserves the right to modify the price of any of the Products at any time, it being understood that the price actually invoiced will be that in force on the day of the order.
The displayed prices are in euros, all taxes included, the VAT rate being that in force on the day of the order and applicable for all deliveries within the European Union, France and DOM and TOM (ie Germany, Belgium, Luxembourg, Netherlands, Italy (Sardinia Sicily), Spain, Great Britain, Balearic Islands, Austria, Denmark, Ireland, Portugal, Finland, Sweden, Azores, Madeira, Canary Islands, Hungary, Estonia, Greece, Slovakia, Slovenia, Malta, Cyprus, Czechia, Lithuania, Latvia, Poland).
In the event of delivery outside the European Union, VAT will be automatically deducted from the amount of your order.
The displayed prices do not include shipping costs and / or customs duties and / or local taxes, where applicable, within the state of the delivery address:
Shipping costs: they include participation in the costs of processing the order and delivery. They may vary depending on the size and weight of the package, as well as the delivery address and are individualized either when placing the order. On the amount of delivery costs, see Delivery information.
Customs duties and / or various local taxes: in the event of delivery outside the European Union and French overseas departments, certain states may apply customs duties, import taxes or others, the payment of which is your exclusive responsibility. Consequently and when placing an order, it is your responsibility to check with local authorities for any compliance with prior formalities and / or payment of duties and taxes of any kind whatsoever and which would be related if necessary when importing Products.
4.2. Billing and payment terms
The invoices drawn up by Le diX concept are accessible in the "My account" area where they can be viewed and printed. These will also be sent to you by e-mail or by post on request from you. Consequently, you expressly accept that these will not be spontaneously sent to you by Le diX concept on paper.
The prices are payable in full, net and without discount, on the day of the order. The receipt of full payment of the price by The diX concept constitutes the event that leads to the delivery of the order.
Orders are payable:
By credit card (VISA, MASTERCARD, AMERICAN EXPRESS), using the CIC secure E-transaction system.
By bank transfer, for any order placed exclusively within the European Union.
By Paypal, for any order placed exclusively within the European Union.
By phone by contacting customer service on 06 66 32 93 44 from Monday to Friday from 10 a.m. to 6 p.m.
The diX concept reserves the right to condition any order acceptance to the fact that you are up to date with your payments under a previous order or that, in general, any pre-existing dispute regarding the execution of an order has actually been sold.
Any Order whose payment would not be received by Le diX concept within 15 days, from the date of registration of the order by the Purchaser, will be automatically canceled and will not give the right to any compensation or claim, l '' Buyer being notified by email.
In accordance with the provisions of article L.122-1 of the Consumer Code, The diX concept is entitled to refuse any Order for legitimate reason, in particular in the event of payment problem, foreseeable difficulty with respect to delivery, abnormal order or placed in bad faith.
Similarly upon receipt of the Order, the diX concept reserves the right to refuse it in the event that the prices displayed online or appearing in the Order are, in particular due to an error or technical malfunction, computer bug, derisory or not in accordance with the actual selling price of the Product.
Concerning the payment, The diX concept implements certain verifications, in order to fight against possible fraud:
- identity checks are carried out randomly, following the issuance of a purchase offer. The Purchaser is then invited to communicate to Le diX concept proof of identity and domicile.
- Beyond a threshold of 250 Euros of Transaction Price, The diX concept could ask the Buyer to provide him with a signed order confirmation as well as all the proof of identity and address necessary for the security of the transaction.
For any first purchase for which the Transaction Price is greater than 150 Euros, The diX concept may have to ask the Buyer for proof of identity and address.
Failing to provide information
5. Retention of title
The diX concept and / or its suppliers will retain full ownership of the Products delivered and this, until full payment of the corresponding price, including its accessories, and the perfect performance, by you, of your obligations to the regard to the diX concept.
Until this date, the Products delivered will be considered as consigned and you will bear all the risks relating to the damage they may suffer or cause for any reason whatsoever. In addition and without the prior written agreement of Le diX concept, the Products may not be subject to any security by you for the benefit of third parties.
During the entire consignment phase, you agree to ensure the good conservation and security of the Products for which you are the keeper, as well as to inform Le diX concept without delay of any third party approach likely to call into question this right and assist the diX concept in safeguarding it, in particular by communicating any document or information useful for this purpose.
For the purposes of this retention of title clause, you agree to allow access to Design from or any third party authorized by it, to any premises within which the Products are stored.
Unless specifically mentioned specifically on a Product sheet, the receipt of full payment for the amount of the order by Le diX concept constitutes the event giving rise to its delivery.
As such, it is indicated that all deliveries of Products may take place throughout France (including Corsica). Deliveries of Products may also be made in Overseas Departments and Territories, as well as abroad, provided that the weight of the Products concerned is less than 70 kg.
You also have the option of having the Products delivered to a natural person of your choice whose permanent home is located in mainland France.
6.1. Participation in preparation and delivery costs
A flat-rate contribution to delivery costs is invoiced to you by Le diX concept. This fixed contribution is subject to an invoicing line on the invoice made available to you on the Site.
The amount, inclusive of all taxes (TTC), of the contribution to the costs of logistics preparation (processing and shipping) and delivery of the Order will be indicated to you before the final validation of the Order.
6.2. Delivery time
The delivery time will be indicated to you during the ordering procedure, prior to the validation of the Order and before payment.
In any case, the maximum delivery time is thirty (30) working days from the Order of the Product, except in particular indicated to the buyer before placing the Order.
If an Order contains Products deliverable on different dates, you can choose to receive its Products separately according to the dates announced on each Product sheet by contacting Le diX concept customer service. This option is however likely to result in a greater participation in the costs of logistics preparation and delivery of your order. If this is the case, this will be indicated to you by our customer service. If you choose to receive your Order all at once, you will receive your Order according to the latest delivery time.
In the event of delay in delivery, you may denounce the sale under the conditions provided for in article L.114-1 of the Consumer Code, provided that the delay in delivery observed is not attributable to you, in particular in the event of unavailability to receive your delivery.
6.3. Place of delivery
A delivery is considered to have been made as soon as the Product is made available at the place of delivery agreed with the buyer when placing the Order and, if necessary, with the transporter. The provision of the Product is validated by the control and traceability system used by the transporter.
The delivery terms vary according to the size and weight of the package, it being specified that in the event that your order relates to Products of different formats, the largest format will be the one taken into account:
6.4. Withdrawal of products in case of absence
In the absence of the recipient during delivery, the carrier will deposit a calling card at the delivery address indicated by the buyer. The Products must then be collected or collected from the address and in the manner indicated by the carrier.
In the absence of withdrawal within the deadlines set by the carrier, the Products will be returned to Le diX concept, which reserves the right to refund the price to the buyer, the shipping costs remaining the responsibility of the Buyer.
6.5. Delivery verification
The buyer (or, if applicable, the recipient) will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier.
The risks relating to the Products delivered are transferred to you upon delivery.
Consequently, on the day of delivery and even if The diX concept takes great care in packaging the Products, it is your responsibility to check, in particular in the presence of the delivery person, the good condition of the packages delivered and the conformity of your delivery to the order to which it relates.
Any finding of loss of a parcel or damaged parcel must be mentioned in writing in a precise, clear and complete manner on the documents of the delivery person concerned, then be confirmed to him by registered mail within 3 days of delivery and, finally, be carried in as soon as possible for the attention of Le diX concept.
In the event that, after opening the package, the delivered Products appear damaged or that the delivery made does not correspond to the order, we thank you for agreeing to deliver the package to the delivery person, not to sign the delivery slip and contact Le diX concept as soon as possible, by telephone or by using the Contact Us section. The diX concept will then communicate to you the modalities of reto
7. Right of withdrawal
In accordance with articles L.121-20 and following of the Consumer Code, you have a right of withdrawal of 14 clear days from the date of delivery, using the Contact Us section. When the withdrawal period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
The buyer returning the Product within this period has the right to reimbursement of the price of the Products ordered and of the outward delivery costs. On the proposal of Le diX concept, the buyer having exercised his right of withdrawal may however opt for an exchange or the issue of a credit note.
To exercise this right of withdrawal, you must contact Le diX concept customer service and follow the procedure which will be communicated to you. Within 10 days of exercising your right of withdrawal from Le diX concept, you must return the Products constituting your order in perfect condition, unused and in their original packaging, it being understood that return costs remain at your exclusive charge except in the event of a proven defect of conformity or hidden defects in the Product.
The Products must be returned in their original packaging, properly protected and accompanied by a carefully completed return slip. They obviously should not have been the subject of any use. Any product returned incomplete, damaged, used, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged.
You are responsible for sending the Product.
In case of delivery of the order by Colissimo, the order must be returned by Colissimo,
In the event of delivery of the order by carrier, he will contact you for the purpose of making an appointment and collecting the Products.
Within 15 days of receipt by Le diX concept of the Products returned in application of the right of withdrawal and as soon as they are actually in perfect condition, unused and in their original packaging, Le diX concept will reimburse the corresponding price that you will have paid when placing the order, including shipping costs and according to the payment methods actually used for this purpose (ie credit on bank account, bank check or gift voucher).
If the right of withdrawal is used for only part of your Order, only the price invoiced for the returned Products will be refunded.
In the event of partial withdrawal of the Order, the buyer who would have benefited, during the initial Order, from free delivery due to the exceeding of a certain order amount, may be re-invoiced the delivery costs corresponding to his actual order, if the latter fell below the free delivery threshold.
As an exception, the right of withdrawal may not be exercised for the contracts listed in article L.121-20-2 of the Consumer Code, including in particular contracts for the supply of goods made up to the consumer's specifications or clearly personalized or which, due to their nature, cannot be redirected or are liable to deteriorate or expire quickly.
8. Guarantees, Liability
The Products benefit from legal guarantees against hidden and conformity defects.
Although Le diX concept verifies with great care the information contained on the site, it cannot guarantee that it is exact, exhaustive and / or up to date. The site is in principle accessible 24 hours a day, 7 days a week, unless there is an interruption, scheduled or not, for the purposes of its maintenance or force majeure. Being in fact subject to an obligation of means, Le diX concept can not be held responsible for any damage, whatever its nature, resulting from access and / or use of this site and / or links of it pointing to other sites.
The diX concept cannot be held responsible for any breach of any of its obligations in the event of a case of force majeure, as defined by the case law of French Courts and Tribunals.
9. Intellectual property
The site and its components (including in particular brands, logos, photos, software, databases and others) are the exclusive property of Le diX concept and / or its suppliers and are protected by the provisions of the Property Code intellectual property, as well as those of international conventions and treaties in force in this area. Any reproduction of all or part of the site, as well as the establishment of links to it is prohibited without the prior written consent of Bonjour Concept Store. You guarantee Le diX concept against any breach on your part of the conditions of use of the site.
10.1. Partial disability
In the event that one or more stipulations of the General Conditions of Sale are considered as illegal or unenforceable by a competent court, the other stipulations will remain in force and will keep their scope and effect.
10.2. Evidence Convention
Acceptance of the General Conditions of Sale by electronic means has the same probative value between the parties as the agreement in paper form.
The information provided by the Website is authentic between the parties. The computerized registers will be kept in Le diX concept's computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Website or by email. The scope of proof of the information delivered by Le diX concept's computer systems is that which is granted to an original in the sense of a written, signed, paper document.
It is expressly agreed that Le diX concept and the buyer can communicate with each other electronically or by telephone via the customer service of the Le diX concept Website. Technical security measures are planned to ensure the confidentiality of the data exchanged.
The diX concept and the buyer agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of orders.
10.3. Force majeure
The execution by Le diX concept of all or part of its obligations, in particular of delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, pandemics, strikes of all kinds.
The diX concept will inform its buyers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the buyer will be able to terminate the order in progress, and the price of the Products ordered and the delivery costs paid will then be reimbursed.