TERMS AND CONDITIONS
Preliminary Article: Offer Publisher
The company DIVIE.
Simplified share company with a one-time partner with a capital of 5000 euros
Registered at the RCS in Paris under the number 885047 910
Headquartered at 115 rue Saint Dominique 75007 Paris
Intra-community VAT: FR 87 885047910
Editor: Alexandre Perez
Site host: OVH
Article 1 – General provisions relating to these terms and conditions of sale (‘T&C’)
The T&C are applicable exclusively to the online sale of products on the www.divie.fr website whose access is free and free to any Internet user over the age of 18.
1;2. Application area
The T&C exclusively govern the online sales contracts of DIVIE’s products to customers and together with the online order are contractual documents applicable to the parties, excluding any other documents, prospectuses, catalogues or photographs of products that have only an indicative value.
The T&C are exclusively applicable to products delivered to customers based in France and/or in a Schengen country.
The T&C are written, as well as all the contractual information mentioned on the site, in French.
1.3. Availability and opposability of T&C
The T&C are made available to consumers on the seller’s website where they are directly searchable.
The T&C are enforceable to the customer who acknowledges, by checking a box provided for this purpose, having been aware of it and having accepted them before validating the order.
The validation of the order by its confirmation is worth membership by the customer to the T&C in force on the day of the order whose preservation and reproduction are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code (former C. civ., s. 1369-4).
1.4. Changing T&C
DIVIE reserves the ability to modify its T&C at any time.
In the event of a change in the T&C, the applicable T&C are those in effect on the date of the order, a copy dated to date may be given to the Customer at the request.
1.5. Divisibility of T&C clauses
The nullity of a contractual clause does not result in the nullity of the T&C, unless it is an impulsive and decisive clause that has led one of the parties to enter into the sale contract.
DIVIE’s temporary or permanent non-application of one or more T&C clauses cannot be justified in its disclaimer to the other clauses of the T&C that continue to produce their effects.
Article 2 – Products
The products offered for sale in the catalogue published on the site are each described in a description that mentions their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
Photographs illustrating the products are not a contractual document.
How the product is used, if it is an essential element, is mentioned in the electronic catalogue or at the latest when it is delivered.
The products are offered and delivered within the limits of available stocks.
If the product ordered is unavailable, DIVIE immediately informs the customer and either replaces it with an equivalent product or refunds the order within 14 days.
Apart from the refund of the price of the unavailable product, DIVIE is not required to pay any cancellation compensation unless the breach of the contract is personally attributable to it.
Article 3 – Price
The selling prices are shown, for each of the products in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs.
The selling price of the product is the one in effect on the day of the order.
Delivery and transportation costs are mentioned before the order is validated and charged extra. They are fixed on the order confirmation.
However, the delivery fee will be offered for any order totalling more than 100 euros TTC.
The total amount owed by the customer is shown on the order confirmation page.
In the event of a price promotion, DIVIE is committed to applying the promotional price to any order placed during the advertising period for the promotion.
The DIVIE Company reserves the right to change its prices at any time, while guaranteeing the customer the application of the price in effect on the day of the order.
For deliveries in The DOM TOM, the amount of taxes varies:
- Réunion, Martinique, Guadeloupe Française:
- VAT at 2.10% for food products;
- VAT at 8.5% for other products.
- Guyana, New Caledonia, French Polynesia, Mayotte, Wallis and Futuna, St Pierre and Miquelon, St Barthélémy, St Martin, Southern Lands and French Antarctica: no VAT but possibly customs duties will be paid.
In the case of an order to a country other than metropolitan France, the customer is the importer of the affected products.
Article 4 – Offer
Online offers presented on the site are reserved for customers residing in metropolitan France, in the DOM TOM, and in a member country of the Schengen Area. Deliveries are made in these same geographical areas.
Online offers presented on the site are valid, in the absence of any indication of a specific duration, as long as the products appear in the electronic catalogue and within the limit of available stocks.
The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the order.
Article 5 – Customer Account
Before ordering on the site, the customer has the option to create a customer account.
To this end, he must fill out a form in the “My Account” section with information about him, and he undertakes to give accurate information and not to impersonate a third party or to change his age.
In particular, the Customer indicates his email address and a password that will be used to identify himself on the site at a later date. The ID and password are personal and the Customer agrees not to disclose them.
However, creating a customer account is not required to place an order.
Article 6 – Order
6.1. Contract closing steps
To place an order, the Customer, after filling out his virtual shopping cart by indicating the selected products and the desired quantities, then clicks the “Checkout” button and provides the delivery and payment method information.
Before clicking the “Order” button, the customer has the option to check the details of their order and its total price and return to the previous pages to correct any errors or possibly change their order.
The sales contract is formed at the time the customer sends the confirmation of his order.
6.2. Changing control
Any change of order by the Customer after confirmation of his order is subject to the acceptance of the professional seller.
6.3. Confirmation of order
An email acknowledging receipt of the order and payment is sent by DIVIE as soon as possible.
DIVIE reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for Customers of the quality of individuals.
The archiving of communications, purchase orders and invoices is carried out on reliable and durable support in order to constitute a faithful and lasting copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
Article 7 – Payment
The price of the products is due in full after confirmation of the order.
The transaction is debited from the Customer’s account on the day the order is shipped.
7.1 Payment terms
Payment is made online by Visa /Paylib / CB / I.Bleu / Mastercard / Maestro.
7.2. Securing payment
Our site is the subject of a 3D Secure security system.
In the event of a failure to pay the entire price within 72 hours, the contract will be considered automatically resolved.
Article 8 – Delivery
8.1. Delivery areas
The DIVIE Company delivers all orders to metropolitan France, the DOM TOM and the Schengen countries.
8.2. Delivery times
DIVIE is committed to delivering the products within:
- 5 working days after receiving the order, in metropolitan France;
- 10 working days in the Overseas Territories and the Schengen Member States.
These delays may vary in case of force majeure, fortuitous case or any other reason beyond the control of diVIE Corporation.
8.3. Delivery costs
Delivery costs are the responsibility of the customer.
8.4. Delivery terms
The products are delivered to the address indicated by the customer on the purchase order.
Delivery is made by:
- Colissimo’s delivery of the product to the customer at home with or without a signature;
- In Withdrawal Point.
If the product is made available, it must be withdrawn by the customer within a fortnight of the notice of availability.
In the absence of a retirement within the specified time, the DIVIE Company may, after a notice from the customer who has not been effective, proceed with the withdrawal, resolve the order as of right. Delivery costs will not be refunded, and any return costs will be charged to the Customer.
8.5. Product compliance
When the product is delivered to the address indicated it is up to the customer to check in the presence of the delivery driver the condition of the product delivered and, if necessary, to issue reservations on the delivery voucher or on the transport receipt.
If the product does not comply with the order, the Customer must make a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
8.6. Delivery and transfer of risk
The product, which is delivered to the Customer by a carrier chosen by DIVIE Company, travels at the seller’s peril. The risk is transferred to the buyer when he physically takes possession of the goods.
However, the risk of loss or damage to property is transferred to the Client at the time he takes, or a third party whom he has designated, physically possession of the property, regardless of its nature.
8.8. Transfer of ownership
Ownership of the product is transferred to the Customer on the delivery date indicated on the purchase order, unless the full payment has not been cashed on order.
8.9. Delayed delivery
If the delivery has not taken place within 30 days of the date of the online order, the customer can then request to be refunded within 30 days.
8.10. Delivery failure
The total failure to deliver will result in the full resolution of the sales contract and the reimbursement of the price paid, including the delivery fee.
Article 9 – Legal Guarantee of Compliance and Guarantee of Hidden Defects
All products provided by DIVIE Benefit from the legal guarantee of compliance under Articles L. 217-4 and following the Consumer Code or the Hidden Defects Guarantee provided for in Articles 1641 and following of the Civil Code.
The French law applicable to the contract cannot have the effect of depriving the Customer residing in another Member State of the provisions on guarantees granted to him by his national law under the directive of 25 May 1999 concerning the sale and guarantees of consumer goods.
The DIVIE Company is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose for which it is intended, or which diminish this use so much that the Customer would not have acquired it, or would have given only a lower price, if he had known them.
The Customer may decide to implement the warranty against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, it may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The Customer must ensure the legality in his country of residence of the products he orders on the www.divie.frwebsite.
Article 10 – Right to retract and return ordered items
In accordance with Articles L. 221-5 and following of the Consumer Code, the customer has 14 days from the receipt, by himself or a third party, of the items ordered to exercise his right to retraction without having to justify reasons or pay penalties.
The return costs of the product ordered and delivered to the customer will be borne by the Customer.
Customers can return the products to the following postal address: 115 rue Saint Dominique, 75007 Paris.
Returned products must be new, unused, and if necessary in their original box. Any item returned soiled and/or damaged by the Customer will not be taken back.
The return is made after receipt and confirmation of the claim by the company DIVIE.
It is up to the Customer to ensure that this return is proven.
The Customer will be reimbursed for the entire order, at the invoiced price, except for the delivery fee, within 14 days of the receipt by the DIVIE Company of the returned order. This refund will be made by the same means of payment as the one used for the original transaction.
If the return is refused by DIVIE for the above-stated reasons, the products will then be returned to the Customer at the Customer’s expense without the latter being able to demand any compensation or right to refund, except for the subsequent exercise of its warranty rights on the products sold.
Article 11 – Claims and Mediation
In the event of a dispute, the customer must file an amicable complaint with the company DIVIE by email: firstname.lastname@example.org or by mail at 115 rue Saint Dominique 75007 Paris.
11.2. Request for mediation
In the event of a failure of the claim request or in the absence of a response within two months, the customer whose delivery took place or was to take place in France (metropolitan France or overseas territories) may submit the dispute over the purchase order or to the present T&C against the professional seller DIVIE to the mediator SAS Mediation Solution.
The mediator’s contact information is as follows:
SAS Médiation Solution
222, chemin de la Bergerie
01800 St Jean de Niost
Or on the site: https://www.sasmediationsolution-conso.fr
To make a claim to the mediator, simply fill out the form on the following link: https://www.sasmediationsolution-conso.fr/processus-mediation/saisir-le-mediateur
The parties to the contract remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or reject the solution proposed by the mediator.
In accordance with Article 14 of Regulation (EU) 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of disputes between consumers and professionals in the European Union. The platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
Article 12: Intellectual Property
The content of the site divie.fr, the general structure as well as software, texts, animated or non-animated images, photographs, its know-how and all the other elements of the site are the exclusive property of the DIVIE Company or its partners who have granted it a license.
Any full or partial representation of this site by any person without the express permission of the DIVIE Company is prohibited and would constitute infringement sanctioned by the Intellectual Property Code.
The distinctive features of the DIVIE Company and its partners, such as domain names, trademarks, names and logos on the site are protected by the Intellectual Property Code.
Any full or partial reproduction of these distinctive signs made from the elements of the site without the express permission of the DIVIE Company is therefore prohibited.
Article 13: Force majeure
In the event of force majeure as defined by the current case law, the performance of the benefits of the DIVIE Company will be suspended for all or part. Force majeure refers to any external, unpredictable and insurmountable event preventing DIVIE from fulfilling its contractual obligations.
In the event of an event described as a force majeure according to the previous paragraph, DIVIE undertakes to notify the Customer as soon as possible.
Article 14 – Litigation, competent court and applicable law
This contract and the T&C governing it are subject to French law, subject to the mandatory rules of the consumer’s country of residence.
In the absence of an amicable agreement, any dispute over the existence, interpretation, conclusion, performance or breach of contract and all documents related to that contract will fall within the jurisdiction of the court of the court of the defendant’s place of residence or, at the plaintiff’s choice, the place of actual delivery of the product.
(to be completed by the consumer, and to be sent by recommended letter with acknowledgement or email within the maximum 14 days of the contract’s conclusion date)
To the attention of the DIVIE Society
located at 115 rue Saint Dominique, 75007
Email address: email@example.com
I herein notify you of my retraction of the service contract,
Consumer’s first and last name: …………..
Consumer address: ……..
Article L. 217-4: “The seller delivers a property in accordance with the contract and responds to any defects in compliance that exist at the time of issuance.
It also addresses non-compliance resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.”
Article L. 217-5: “The property is in accordance with the contract:
(1) If it is suitable for the usually expected use of a similar property and, if so:
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
(2) Or if it has the characteristics defined by the parties or is specific to any special use sought by the buyer, brought to the seller’s knowledge and which the seller has accepted.”
Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.”
Article L. 217-7: “The defects of compliance that appear within twenty-four months of the issuance of the property are presumed to exist at the time of issuance, unless there is evidence to the contrary. For goods sold on occasion, this period is set at six months. The seller can fight this presumption if it is not consistent with the nature of the property or the non-compliance invoked.”
Article L. 217-8: “The buyer is entitled to demand compliance with the property. However, he cannot challenge compliance on the basis of a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has supplied itself.”
Article L. 217-9: “In the event of a non-compliance, the buyer chooses between repairing and replacing the property. However, the seller may not proceed according to the buyer’s choice if the choice results in a clearly disproportionate cost under the other modality, given the value of the property or the size of the defect. It is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.”
Article L. 217-10: “If repair and replacement of the property are not possible, the buyer can return the property and have the price returned or keep the property and be returned part of the price. The same faculty is open to him: (1) If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer’s claim; (2) Or if this solution cannot be without major inconvenience to the latter given the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the non-compliance is minor.”
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the purchaser. These same provisions do not impede the allocation of damages.
Article L. 217-12: “Action resulting from non-compliance is prescribed by two years from the issuance of the property.”
Article L. 217-13: “The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the defects as a result of Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.”
Article L. 217-14: “The fearful recursive action will be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible property, according to the principles of the civil code.
Article L. 217-15: “The commercial guarantee refers to any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, the replacement or repair of the property or the provision of any other service in relation to the property, in addition to its legal obligations to ensure the compliance of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it clearly states that, regardless of the commercial guarantee, the seller remains bound by the statutory guarantee of compliance referred to in articles L. 217-4 to L. 217-12 and the defect guarantee of the thing sold, under the terms of sections 1641 to 1648 and 2232 of the civil code.
Sections L. 217-4, L. 217-5, L. 217-12 and L. 217-16, as well as Section 1641 and the first paragraph of Article 1648 of the Civil Code, are fully reproduced in the contract.
If these provisions are not complied with, the guarantee remains valid. The buyer is entitled to take advantage of it.”
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a piece of furniture, a refurbishment covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to be run.
This period runs from the buyer’s request for intervention or to the provision for repair of the property in question, if this provision is after the request for intervention.”
Article 1641: “The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose to which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.”
Article 1648: “The action resulting from the defects must be brought by the purchaser, within two years of the discovery of the defect. In the case of Article 1642-1, the action must be brought, barely foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or defects of compliance.