D BY DELPHINE
GENERAL CONDITIONS “BUYERS”
The present “Buyers” General Terms and Conditions govern the relationship between Buyers and Sellers for the sale of Products through the Site.
* * *
The Buyer (as defined in Article 1 hereof),
On the one hand,
The Seller (as defined in Article 1 hereof),
On the other hand,
In the presence of the company D BY DELPHINE, a simplified joint stock company with a single shareholder and a share capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 897 740 890, and whose registered office is located at 42 avenue Paul Doumer – 75116 Paris
The Buyer and the Seller are hereinafter individually referred to as the “Party” or the “Parties”.
These General Conditions “Buyers” are hereinafter referred to as “the GTC”.
IT HAS BEEN PREVIOUSLY EXPLAINED THAT :
D BY DELPHINE operates the website www.maisoneloe.com, an online platform that brings together Buyers and Sellers to enable Buyers to acquire signed second-hand jewelry items from Sellers who are professionals.
It is specified that D BY DELPHINE operates only as an intermediary and that its intervention is carried out only to facilitate the sale of Products between Buyers and Sellers, without constituting a party to the sale of the Products. D BY DELPHINE, which is neither Seller nor Buyer, has no control over the sales made by the Sellers on the Site and shall not be liable for the sale of the Products in any way whatsoever. Only the Sellers are responsible for the sale of Products through the Site and their delivery (including in the context of the return of products), for the dissemination of the Contents and Advertisements and for the processing of any complaints from Buyers and third parties in this respect.
In this context, the Parties agree to enter into these GTCs governing the sale of Products between Buyers and Sellers.
WITH THIS IN MIND, THE FOLLOWING HAS BEEN AGREED UPON:
ARTICLE 1 – DEFINITIONS
The Parties agree and accept that the following terms used with a capital letter, in the singular and/or in the plural, have the meaning given to them below:
“Buyer” means any User who purchases one or more Products on the Site.
“Advertisement” means any offer to sell a Product published by a Seller on the Site.
“Order” refers to the process of online purchase of a Product by a Buyer from a Seller through the Site.
“Account” means a personal account created by the Buyer on which he/she enters his/her personal details and information and through which he/she can purchase Products.
“Content” refers to any element (in particular video, photographs, documents, messages, comments, texts, images, etc.) put online by a User on the Site.
“D BY DELPHINE” refers to the operator of the Site, i.e. D BY DELPHINE, whose contact details are given at the beginning of these General Terms and Conditions.
“Order Price” means the price of the Product plus, if applicable, delivery charges, customs fees, local taxes, import duties and applicable state taxes.
“Product” means any product offered for sale by a Seller through the Site, exclusively signed, second-hand jewelry items. The case containing the jewelry item is an integral part of the Product.
“Site” refers to the Internet site www.maisoneloe.com, an online platform operated by D BY DELPHINE enabling Sellers and Buyers to be put in contact with each other with a view to the sale of Products by Sellers to Buyers.
“Services” refers to the online intermediation services provided by D BY DELPHINE, as described in article 5 of the present GTC.
“Seller” means any natural or legal person, having the quality of a professional, who offers for sale one or more Products through the Site in the context of his professional activity. Any person who is not a professional may not sell Products through the Site.
“User” means any Internet user browsing the Site.
ARTICLE 2 – PURPOSE
The purpose of the present GTC is to define and frame the terms and conditions of sale of the Products by the Sellers to the Buyers through the Site.
The present GTC apply without restriction or reserve to all online purchases made on the Site.
ARTICLE 3 – ACCEPTANCE OF THE CGA
The GTC are accessible and printable at any time by a direct link at the bottom of each page of the Site.
The acceptance of the GTC by the Buyer is materialized by a checkbox in the Order form. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by the GTC may not place an Order on the Site.
The GTC constitute the entire agreement between the Parties and supersede any previous agreement or understanding, oral or written, relating thereto. They shall prevail over any other general or special conditions not expressly agreed by the Seller.
D BY DELPHINE reserves the right to modify the GTC under the conditions of article 14 of the GTC.
The GTC applicable to an Order are those posted on the Site on the date of the said Order and accepted by the Buyer in accordance with the present article.
ARTICLE 4 – SALE OF PRODUCTS
In accordance with the provisions of Article L. 111-1 of the French Consumer Code, the Seller undertakes to indicate in any Advertisement :
the essential characteristics of each Product.
For any additional question relating to the Products, the Buyer can contact the Seller by means of the “chat” made available on the Site.
The Seller is responsible for the drafting of the Advertisement relating to the Product it offers for sale on the Site, for the Product offered for sale and for the Content it publishes.
D BY DELPHINE does not carry out any control of the Advertisements, the Contents and the Products, in particular of the possible infringing character of the Products and of the authenticity of the stones and metals composing them (with the exception of a control relating to the quality of the photographs of the Products and of the homogeneity and language of the descriptions in the Advertisement).
the price of each Product. The price of the Product is indicated in euros, including all taxes (VAT and other applicable taxes) and is freely determined by the Seller. It shall be displayed on the Web Site prior to the Order, in the Order summary before payment and in the Order confirmation e-mail. The Seller is responsible for indicating the taxes applicable to the Product: D BY DELPHINE shall not be held responsible for any error in this indication.
The price of a Product does not include:
any delivery charges that may apply to the delivery of the Products, invoiced, where applicable, in addition to the price of the Products. The amount of any applicable delivery charges shall be indicated before the Order is confirmed by the Buyer.
any customs duties and local taxes or import duties or state taxes that may be due, depending on the case, particularly in the event of purchases outside the European Union and/or in French overseas departments and territories. These rights and sums are not under the responsibility of the Seller. They are the responsibility of the Buyer (in particular declarations, payment to the competent authorities). Buyer shall pay any applicable customs duties, local taxes, import duties and state taxes, in addition to the delivery charges, when placing the Order.
any bank charges and telecommunication fees necessary to access the Site, which shall be borne by Buyer.
The applicable Product prices are those indicated on the Site on the day of the Order.
This pre-contractual information is presented by the Seller in French and in English.
4.2.1 Placing an Order
The Buyer may place an Order for one or more Products under the following conditions.
The Buyer may select the Product(s) listed in a Seller’s Advertisement by placing them in his/her shopping cart;
Once the Product(s) has (have) been selected, the Buyer shall create or log in to his/her Account;
The Customer shall then (i) validate the Product(s) selected, (ii) choose whether he/she wishes to have the Product(s) delivered to him/her or to go to the Seller’s store to pick them up, and (iii) if applicable, fill in the delivery information and validate the terms and conditions and any applicable delivery charges, customs duties, local taxes, import duties and state taxes;
Finally, the Customer shall proceed to the payment of the Order Price. At this stage, he/she clicks on the “Pay my order” button and acknowledges that he/she is placing an order with payment obligation. After this action, the Buyer will not be able to cancel his Order (subject to the exercise of his right of withdrawal). The Order shall be deemed to have been received by the Seller when the latter has access to it;
The Buyer shall receive an e-mail confirming the Order, summarizing the elements of the Order, i.e. the description of the Product(s) ordered and the corresponding price, as well as the expected delivery time and the Seller’s contact details. The confirmation email shall also include a copy of the current General Terms and Conditions of Sale as well as a mention of the withdrawal period and procedures.
The Buyer must ensure that the e-mail address provided at the time of the Order is correct and that it allows him/her to receive the Order confirmation e-mail. If the latter is not received within twenty-four (24) hours following the Order, the Buyer shall contact D BY DELPHINE.
The Seller recommends that the Buyer keeps the information contained in the Order confirmation.
The Order confirmation shall be deemed to have been received by the Buyer when he/she can access it;
D BY DELPHINE shall inform the Seller of the Buyer’s Order by e-mail (in case of bank transfer, this e-mail shall be sent once the transfer has been made by the Buyer). The Seller undertakes to accept or refuse the Order (if the Product is no longer available in the meantime) within two (2) working days of receipt of the aforementioned e-mail.
Failure by Seller to respond within the aforementioned time period shall constitute rejection of the Order, and the sales contract shall not be concluded. Buyer’s Order shall then be cancelled and Buyer’s credit card shall be re-credited accordingly.
Seller’s acceptance of the Order shall be binding and irrevocable. Upon such acceptance, the distance sale shall be concluded and deemed complete.
Buyer shall be informed of Seller’s acceptance or rejection of its Order within three (3) business days of receipt of the aforementioned e-mail.
The Product(s) ordered shall be delivered by Seller to Buyer in accordance with Article 7 of the GTC.
4.2.2. Order cancellation or suspension
D BY DELPHINE reserves the right to suspend or cancel any Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders.
In this respect, D BY DELPHINE reserves the right to ask the Buyer for proof of identity (copy of identity card, proof of residence and/or copy of bank card). Pending receipt of these documents, D BY DELPHINE reserves the right to suspend the Order.
ARTICLE 5 – ACCOUNT CREATION, MANAGEMENT AND DELETION
5.1 Account creation and management
To purchase Products on the Site, the Buyer must register on the Site by creating an Account.
For the creation and management of the Account, the Buyer must provide all information marked as mandatory, including his telephone number. The Buyer is, in this respect, informed of his right to register on the opposition list to telephone canvassing (https://conso.bloctel.fr/index.php/inscription.php).
The Buyer guarantees that all the information he/she provides in the registration form is accurate, up-to-date and sincere and is not misleading.
He agrees to update this information in his Account in the event of modifications (in particular: change of postal address), so that they always correspond to the above-mentioned criteria. This update is done by logging into the Account and changing the information concerned.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer can access his Account at any time after having identified himself using his email address and password. The Buyer agrees not to register under an identifier/email address that may infringe the rights of a third party (brand, company name, trade name, etc.).
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
He is also responsible for maintaining the confidentiality of his email address and password, any access to his Account using the latter being deemed to be made by the Buyer. The latter must immediately contact D BY DELPHINE if he notices that his Account has been used without his knowledge.
The Buyer must, moreover, take the necessary measures to save by his own means the information of his Account that he deems necessary, of which no copy will be provided to him.
D BY DELPHINE shall in no case be held responsible for any errors, omissions or inaccuracies that may be found in the information provided by the Buyer, nor for any prejudice that may result from it for the Sellers, the other Users or for third parties.
5.2 Deletion of the Account
The Buyer may request at any time, without having to justify it, the deletion of his registration to the Site by deleting his Account by clicking on the heading “Delete my account” of his Account. De-registration shall be effective within thirty (30) working days from the date of receipt of the request for de-registration by D BY DELPHINE, provided that Orders are not in progress at the time of this request and/or that claims are not pending. If Orders are in progress and/or complaints are pending, the deletion will take place when these Orders are honored (and upon expiration of the applicable withdrawal period) and/or when the complaints are closed.
D BY DELPHINE shall delete any Account that has remained inactive for a continuous period of 36 (thirty-six) months.
It is specified that data and contracts will be kept for purposes such as a legal obligation to keep data or documents that may include data or for evidentiary purposes for the duration of the applicable legal prescription.
ARTICLE 6 – PAYMENT
6.1 Terms of payment
The full price of the Order is due (in euros) immediately upon placing the Order, when the Buyer clicks on the “Pay my order” button and acknowledges that he/she is placing an order with a payment obligation.
Payment is made online by credit card (MasterCard, Visa, CB, Amex) or by bank transfer, through the application Mangopay, payment service provider. If the Buyer chooses to make a bank transfer, he/she has two (2) business days to make the transfer; otherwise, the Order will be cancelled. In the event of an error in the amount of the bank transfer, the Order shall be cancelled and Buyer shall be required to place another Order.
Once the payment has been made by the Buyer, the Order Price shall be immediately debited by D BY DELPHINE.
In accordance with the provisions of the French Monetary and Financial Code, the payment order given by the Buyer is irrevocable and he/she thus authorizes his/her account to be debited for the Order Price. The Buyer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. The Buyer guarantees that he/she has the necessary authorizations to use the payment method he/she has chosen for his/her Order.
D BY DELPHINE shall not be held responsible in case of fraudulent use of the payment methods used by the Buyer in case of non-payment or partial payment by the Buyer.
The Buyer hereby authorizes D BY DELPHINE to collect the Order Price (through the payment service provider Mangopay) and to pass it on to the Seller (after deduction of a commission).
Bank charges may be applied during the transfer, especially for accounts domiciled outside France. The Buyer shall consult the terms and conditions applicable to these transactions with the banking establishment concerned.
D BY DELPHINE shall issue, on behalf of the Seller, an invoice for each Order, which invoice shall be available in the Buyer’s Account. This invoice shall also be sent by e-mail to the Buyer. Seller shall include a hard copy of the invoice in the package for each Order.
This automated invoicing is a service offered by D BY DELPHINE to the Seller. However, D BY DELPHINE shall not be held responsible for the compliance of the invoice with the applicable laws and regulations: the Seller shall ensure such compliance and shall be solely responsible for it.
ARTICLE 7 – DELIVERY
The Buyer may opt for delivery of the Product(s) ordered to the delivery address indicated by him or for collection (free of charge) of the Product(s) ordered from the Seller’s store. Seller is obligated to respect Buyer’s choice. Buyer shall provide all information necessary for the effective delivery of the Product(s).
In the event that the Buyer has opted to pick up the Product(s) ordered in the Seller’s store, the Seller undertakes to communicate the address of its store to the Buyer.
In the event that the Buyer has opted for delivery of the Product(s) ordered, the following provisions shall apply.
7.1 Delivery territory
Deliveries can be made in France and outside France.
7.2 Delivery method
The delivery of the Products will be ensured by the service provider FEDEX.
The Products are shipped directly by the Seller to the Buyer in the following manner: FEDEX will collect the Products from the address indicated by the Seller within forty-eight (48) hours of the Seller’s confirmation of the Order and will deliver the Products to the address indicated by the Buyer (which may be different from the billing address, in which case the Buyer must indicate it).
7.3 Delivery price
Delivery costs are payable by D BY DELPHINE if the delivery address is located in metropolitan France.
Delivery costs are to be paid by the Buyer if the delivery address is located abroad or in the DOM/TOM.
Where applicable, delivery charges are indicated before the Order is placed and are recalled in the Order summary before payment, as well as in the Order confirmation e-mail. Delivery charges may be re-evaluated according to the rates applied by the carrier. The applicable delivery charges are those indicated on the Site on the date of the Order.
7.4 Delivery times
Delivery times shall be communicated to the Buyer prior to the Order, in the Order summary before payment and in the Order confirmation e-mail.
In the event of an Order for several Products from the same Seller, delivery shall be made in one go.
The Seller shall be solely responsible for the proper delivery of the Product(s) ordered to the Buyer, within the time limits made known to the Buyer. D BY DELPHINE shall simply put the Seller in contact with the delivery service provider FEDEX, without any responsibility of D BY DELPHINE in the delivery of the Products being inferred. The risks related to the delivery operation shall be borne by the Seller, who shall be responsible for taking action against the carrier if necessary. D BY DELPHINE declines all responsibility in case of damage to a Product or loss of a Product during its shipment to the Buyer.
The Buyer may contact the Seller for the follow-up of his Order via the chat system set up on the Site.
It is reminded that the Seller is held to respect the provisions of the articles L. 216-2 and -3 of the Code of the consumption provide that :
In the absence of delivery within the time indicated to the Buyer, the Buyer can cancel the Order, by registered letter with acknowledgement of receipt or by a writing on another durable support, if, after having enjoined the Seller, according to the same modalities, to carry out the delivery within a reasonable additional time, it did not carry out itself within this time ;
The contract shall be deemed to be terminated upon receipt by Seller of the letter or writing informing it of such termination, unless delivery has occurred in the meantime;
In the event of termination of the contract as described above, the Buyer shall be reimbursed for all sums paid, including delivery costs, within 14 (fourteen) days of the date on which the contract was terminated.
7.5 Retention of Title
The Seller retains full ownership of the Product(s) ordered until the Buyer takes physical possession of them. From that date, the risk of loss and deterioration of a Product is transferred to the Buyer. Before this date, these risks belong to the Seller.
ARTICLE 8 – RIGHT OF WITHDRAWAL
D BY DELPHINE puts the Seller and the Buyer in contact through the Site for the exercise of the right of withdrawal.
In accordance with the provisions of the French Consumer Code, the Buyer has a period of fourteen (14) days, starting from the date of receipt of the Product(s) ordered, to withdraw from the Order without having to give any reason or pay any penalty, with the exception of the return shipping costs, which remain at the Buyer’s expense and which he/she must pay. When the Order concerns several Products delivered separately or in the case of an Order for a good composed of multiple batches or parts whose delivery is staggered over a defined period, the time limit shall run from the receipt of the last good or batch or part.
The Buyer who wishes to exercise his right of withdrawal must send his request for withdrawal by clicking on the dedicated button on the Site, before the expiry of the above deadline. The Seller shall then be informed by D BY DELPHINE of the Buyer’s wish to withdraw. D BY DELPHINE shall immediately send the Buyer an acknowledgement of receipt of the withdrawal on a durable medium.
The Products shall be returned to the Seller under the following conditions:
If the Purchaser has opted for delivery, the Products must be returned to the Vendor at the latest within fourteen (14) days following the communication by the Purchaser of his/her wish to withdraw. To do so, the Buyer must indicate the date and time of collection by FEDEX. A return slip will then be generated and FEDEX will collect the Products at the address indicated by the Buyer. If the Buyer has opted to collect the Products from the Seller’s store, the Products must be returned by the Buyer, by his own means and at his own expense, to the store’s postal address within the aforementioned period. The retraction will not be effective if the Buyer does not return the Product within this legal deadline.
They must not have been worn (except for the first fitting). If possible, they must be accompanied by a copy of the proof of purchase. The Buyer is considered responsible in case of deterioration of the Products during their return to the Seller (in particular traces, deformations, deteriorations, stains).
The Products must be returned in their case, which is an integral part of the Products. However, they may be returned without their original packaging, provided that the Buyer ensures that the packaging containing the Products to be returned is adequate to preserve the integrity and quality of the Products.
The Buyer also undertakes to respect the following instructions for the package:
If a package contains several Products, the size of the package must not exceed the following dimensions: 302 x 203 x 178 cm
If a package contains only one Product, the size of the package must not exceed the following dimensions
– small package: 12x12x12
– medium package: 16x16x12
-large package: 30X30x12
The Buyer will be reimbursed for the full amount paid for the Order, minus the return shipping costs, which remain at his expense. This reimbursement shall be made through D BY DELPHINE (via the payment provider MangoPay) as soon as possible and at the latest within fourteen (14) days from the effective recovery of the Products by the Seller or until the Buyer has provided proof of shipment of the Products, the date retained being that of the first of these facts. The refund will be made using the same payment method as the one used for the initial transaction. In any event, this refund will not result in any charges to the Buyer. Additional costs will not be reimbursed if the Buyer has expressly chosen a delivery method that is more expensive than the standard delivery method offered.
ARTICLE 9 – LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of conformity as well as for hidden defects of the item sold.
When he acts in legal guarantee of conformity, the Buyer :
has a period of two years from the delivery of the goods to act;
may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The processing of legal guarantees is the sole responsibility of the Seller.
It is agreed that, with the exception of the right of withdrawal which can be exercised via the Site thanks to a dedicated functionality, D BY DELPHINE does not provide any particular functionality on the Site for the exercise of the other legal guarantees. In particular, in case of reimbursement of the Order Price to the Buyer following the exercise of a legal guarantee other than the right of withdrawal, such reimbursement shall not be made through the Site but directly by the Seller. Similarly, the Seller shall also manage the return of the Product alone.
9.1 Legal guarantee of conformity
The Seller guarantees the conformity of the Product to the Advertisement.
The Seller undertakes to ensure that the Product(s) ordered correspond in every respect to the information and photographs published in the Advertisement. The Seller hereby undertakes to indemnify D BY DELPHINE against any request or claim related to the lack of conformity of the Product(s) ordered to the Advertisement.
If the Buyer finds that the Product delivered to him/her presents a non-conformity, he/she shall inform the Seller thereof, indicating the nature of the non-conformity found (it being specified that non-conformities that appear within a period of six (6) months from the delivery of the Product are presumed to have existed at the time of delivery, unless proven otherwise).
The Seller will proceed to the necessary verifications and will propose to the Buyer the repair of the Product insofar as possible (the replacement of the Product being impossible, taking into account the fact that the Products are second-hand signed jewelry articles).
If the repair of the Product is impossible, the Buyer may return the Product and have the price returned or keep the Product and have part of the price returned. The same option is available to him:
1° If the repair cannot be carried out within one month after the complaint of the Buyer;
2° Or if the repair cannot be made without major inconvenience to the Buyer, given the nature of the Product and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.
The Seller shall agree with the carrier of its choice on the terms and conditions of return, and shall inform the Buyer by any useful means. The Seller shall bear the costs of the return.
The Products must be returned to the Seller with a copy of the corresponding purchase invoice.
It is reminded that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
D BY DELPHINE does not provide any particular functionality on the Site regarding the exercise of this legal warranty. The Seller alone shall manage the reimbursement of the price and the return of the product in case of exercise of this legal warranty.
9.2 Guarantee of hidden defects
Within the framework of the warranty for hidden defects, the Buyer has the choice of returning the Product and having the price returned, or keeping the Product and having part of the price returned.
D BY DELPHINE does not provide any particular functionality on the Site regarding the exercise of this legal warranty. The Seller alone shall manage the refund of the price and the return of the Product in case of exercise of this legal warranty.
9.3. Reminder of applicable legal provisions
For all practical purposes, the following legal provisions are recalled:
Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the French Consumer Code: The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-7 of the French Consumer Code: Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 of the Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L. 217-9 of the French Consumer Code: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L. 217-10 of the French Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.
Article L. 217-11 of the French Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the date of the buyer’s request for intervention or from the time the goods are made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.
Article 1642 of the Civil Code: The seller is not bound by apparent defects of which the buyer could convince himself.
Article 1643 of the Civil Code: He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will only be obliged to return the price, and to reimburse the buyer for the costs incurred by the sale.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
ARTICLE 10 – OBLIGATIONS OF THE BUYER
10.1 Buyer’s legal capacity
The placing of an Order is open to :
To any natural person with full legal capacity to commit under the GTC. Consequently, if a person who does not have legal capacity orders Products on the Site, his/her legal guardians (parents, tutors, etc.) shall assume full responsibility for this Order.
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
10.2 Obligations regarding the use of the Products
The Buyer is solely responsible for the use of the Products.
It is the Buyer’s responsibility to use the Products in accordance with the indications given on the label of the Product and the instructions communicated by the Seller.
ARTICLE 11 – OBLIGATIONS AND LIABILITY OF THE SELLER
As D BY DELPHINE operates only as an intermediary, the Seller is fully and solely responsible for the sale of Products through the Site and for their delivery (including in the context of the return of Products), for the dissemination of Contents and Advertisements, and for the handling of any complaints from Buyers and third parties in this respect.
Consequently, the Seller undertakes to comply with the following obligations.
11.1. Obligations to respect the laws and regulations in force
The Seller undertakes to comply with the laws and regulations relating to the conclusion of a distance selling contract, consumer law (clarity of the offer to the consumer, consumer information, availability of the Products, delivery conditions, the consumer’s right of withdrawal, invoicing, legal guarantees, etc.), company law, tax law, social law, and deceptive, unfair or abusive commercial practices, which it affirms to be fully aware of. The Seller shall make all necessary declarations to the relevant authorities in order to comply with its obligations.
In particular, the Seller :
guarantees that the condition and characteristics of the Product he/she offers for sale on the Site are in conformity with the description he/she has made in the Advertisement and with the photographs published in the Advertisement (in particular, he/she guarantees the non-infringing character of the Product, as well as the authenticity of the stones/metals composing the Product) ;
guarantees that all Products, Ads and Content posted on the Site are in full compliance with public order, good morals and applicable laws and regulations;
undertakes not to engage in misleading advertising in the Advertisements and Contents nor, more generally, to implement unfair commercial practices through the Site.
The Buyer acknowledges that the Seller shall not be held responsible for :
damages resulting from the use of the Products not in accordance with the recommendations provided on the label of the Product or not in accordance with the instructions communicated by the Seller;
non-performance of the contract or delay in delivery if such non-performance or delay is attributable to the Buyer, in particular in the following situations
inaccuracy or imprecision of the delivery address provided by the Buyer. Thus, in the event of a new delivery following this inaccuracy or imprecision, the costs relating to this new delivery will be invoiced to the Purchaser.
the Buyer does not collect the delivered package within the time limit set by the carrier.
11.2 Obligations to respect the rights of third parties
The Seller undertakes to hold the full and entire property of any Product that he puts on sale on the Site and he refrains from putting on sale any Product that is subject to a ban on sale.
The Seller shall refrain from offering for sale any Product that is likely to infringe or that would infringe upon the prior rights of third parties, in particular intellectual property rights, and/or whose exploitation would constitute acts of unfair competition and/or parasitism.
The Seller guarantees that the Products it offers for sale have already been put on the market in the European Union or in the European Economic Area or that it has obtained the authorization of the holder(s) of the rights relating to the Products for this offer for sale. In any case, the Seller shall be solely and entirely responsible for any request from the owner of the rights pertaining to the Products.
The Seller undertakes to put online only Content, in particular photographs, for which it is the owner of the related intellectual property rights.
The Seller also agrees not to be responsible, on the Site, for acts of defamation, insult, invasion of privacy or image rights.
Regarding in particular the “chat” system set up on the Site to exchange messages with Buyers, the Seller acknowledges that its use is solely for the purpose of exchanging information about the Products. In particular, the Seller shall refrain from sending :
Spam or content containing viruses;
mass messages of any kind (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not requested to receive it);
messages containing inappropriate, insulting, defamatory or otherwise considered incompatible with these GTCs and/or the interests of Users
messages of an illicit nature or otherwise attempting to harm other Users and/or the Site;
messages that may be qualified as harassment of any kind.
11.3 Liability of the Seller
It is reminded that D BY DELPHINE operates an online platform enabling the bringing together of Sellers and Buyers. As such, in its capacity of simple intermediary, D BY DELPHINE, which is neither Seller nor Buyer, has no control over the sales made by the Sellers on the Site. The fact that D BY DELPHINE ensures the coherence, harmonization and homogeneity of the photographic and editorial content of the Advertisements does not imply any control by D BY DELPHINE over the sale of the Products (in particular the possible counterfeit character of the Products and the authenticity of the stones/metals composing them).
Consequently, the Seller is solely responsible for the proper execution of the sales contract that it concludes with the Buyer, for the Products, the Contents and the Advertisements that it publishes on the Site, and for the handling of any complaints by the Buyers and third parties. In particular, the Seller assumes all responsibilities arising from its obligations under Articles 11.1. and 11.2. of the GTC.
In the event of a claim by a Buyer, the Seller shall be responsible for its resolution. Disputes shall be settled directly between Buyer and Seller. Seller shall use its best efforts to resolve any dispute between Seller and Buyer.
ARTICLE 12 – INTELLECTUAL PROPERTY, PROTECTION OF PERSONAL DATA AND NOTIFICATION OF ILLEGAL CONTENT
12.1. Intellectual property rights of D BY DELPHINE
With the exception of the Contents, the structure of the Site and its elements, in particular the texts, graphics, images, photographs, sounds, videos, computer applications and databases that make it up, as well as the trademarks and other intellectual property rights appearing on the Site (hereinafter referred to together as “the protected Elements”), are the exclusive property of D BY DELPHINE and are notably protected by the laws in force with respect to intellectual property. In particular, the term “MAISON ELOƎ” is registered as a trademark.
The Seller and the Buyer undertake not to infringe the intellectual property rights of D BY DELPHINE.
Any representation, reproduction, adaptation or partial or total exploitation of the protected Elements, by any process whatsoever, without the prior, express and written authorization of D BY DELPHINE, is strictly prohibited and would be likely to constitute an infringement within the meaning of the provisions of the Intellectual Property Code.
Access to the Site and its use do not constitute recognition of a right and, in general, do not confer any intellectual property right relating to the protected Elements, which remain the exclusive property of D BY DELPHINE.
12.2. Intellectual property rights relating to the Content
In return for putting the Contents on line on the Site, the Seller and the Buyer grant to D BY DELPHINE a worldwide, non-exclusive, transferable and sub-licensable license granting D BY DELPHINE the right to use, copy, modify, distribute, process, to store and broadcast all Content that the Seller and the Buyer insert on the Site as and when it is put online (with the exception of messages exchanged by “chat” between the Seller and the User), for a period of twenty (20) years from the date the Buyer puts the Content online, on any medium (in particular in the context of promotional and communication actions, in particular on the Internet, on social networks and via audiovisual services).
In particular, the Seller and the Buyer authorize D BY DELPHINE to distribute the Contents on partner sites and to promote them on any medium.
12.3. Personal data
12.4. Notification of illicit contents
In its capacity as host of the Content published by the User on the Site, D BY DELPHINE is subject to the reduced liability regime provided for in articles 6.I.2 et seq. of the French law nº 2004-575 of June 21, 2004 for Confidence in the Digital Economy.
In accordance with the provisions of article 6, I, 7° of law 2004-575 of 21 June 2004, D BY DELPHINE is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to seek facts or circumstances revealing illicit activities.
In the event that a Buyer notices that Content posted on the Site infringes applicable legal and regulatory provisions, and in particular constitutes manifestly illicit content (for example defamatory, denigrating or infringing intellectual property rights), the Buyer may notify D BY DELPHINE by sending an e-mail to the address or via the contact form on the Site.
ARTICLE 13 – DURATION OF THE CGA
The GTC are concluded for the duration of the Buyer’s registration on the Site, i.e. as long as the Buyer’s Account is active.
ARTICLE 14 – MODIFICATION OF THE CGA
The GTC may be modified at any time. The GTC as modified will be posted on the Site. The version of the GTC in force is the one available on the Site at the date of the Buyer’s Order.
ARTICLE 15 – LANGUAGE
In the event of a translation of the GTC into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute over the meaning of a term or provision.
ARTICLE 16 – BUYER’S CLAIMS
The Buyer may address any complaint to D BY DELPHINE by sending an e-mail to the address email@example.com (or by clicking on the contact form available on the Site), which will be passed on to the Seller, or contact the Seller directly via the “chat” set up on the Site.
ARTICLE 17 – MEDIATION
The Buyer shall have the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute concerning the performance of these GTCs which may arise between the Buyer and the Seller, under the conditions provided for in the Consumer Code.
To this end, he may contact the following consumer mediator
Postal address: 60 rue la Boétie – 75008 Paris
Email : firstname.lastname@example.org
The Buyer, if he wishes to have recourse to mediation, must justify having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint.
ARTICLE 18 – APPLICABLE LAW AND JURISDICTION
All clauses in these GTC are subject to French law.
In the event of a dispute concerning the validity, interpretation and/or performance of the GTC, and in the absence of amicable resolution or recourse to mediation, or in the event of failure of mediation, the said dispute shall be submitted to the French courts, unless otherwise provided by law, which would refer to the mandatory jurisdiction of a foreign court. The Buyer shall have the right to bring suit either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where the Buyer resided at the time of the conclusion of the GTC or of the occurrence of the harmful event.
ARTICLE 19 – GENERALITIES
If one or more provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.
Appendix – Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract)
Attention: [Seller’s name]
Mailing Address: [Seller’s address]
E-mail Address: [Seller’s address]
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Order number :
Ordered on (*) / Received on (*)
Name of the buyer(s) :
Address of the buyer(s) :
Signature of Buyer(s):
(only in case of notification of this form on paper)
(*) Delete as appropriate.
* * *
Content updated on 09/12/2021