GENERAL TERMS AND CONDITIONS OF SALES
ARTICLE 1 - Scope
These General Conditions of Sale shall apply, without restriction nor reserve to all sales concluded by XPERIENCE, a one-person simplified joint-stock company with registered office at 109 Rue Claude Bernard – 77750 MOISSY-CRAMAYEL, registered in the Trade and Companies Register of MELUN under number 877 655 134 (hereinafter “the Seller”) with consumers, professional and non-professional buyers (hereinafter “the Customers or the Customer”) (equally referred to individually as
“a Party” and jointly as “the Parties”, wishing to buy the products offered by the Seller (“the Products”) on the website www.dacia-eshop.com and generally presented in its catalogue or any other commercial document published by the Seller.
These General Conditions of Sale may be supplemented by special conditions, set out on the website or, generally, in the Seller’s commercial documents, prior to any transaction with the Customer.
These General Conditions of Sale shall supersede any other document from the Customer or its Agent, including any general conditions of purchase, subject to the Seller expressly consent to the contrary.
The General Conditions of Sale shall be published on the order form or the quotation and shall also be readily available on the website www.dacia-eshop.com.
Approving a quote or placing an order shall be construed as unconditional acceptance of these General Conditions of Sale, which shall apply regardless of the Products ordered.
The Customer acknowledges having read these General Conditions of Sale, and accepted same prior to placing their order on the website www.dacia-eshop.com. Validation of the order by the Customer shall be construed as unqualified and unreserved acceptance of these General Conditions of Sale.
Considering that these General Conditions of Sale may be amended subsequently, the version applicable to the Customer’s purchase shall be the one applicable on the website on the date the order is placed or the one applicable at the time the quotation is approved or the order form is issued for orders placed directly with the Seller.
Amendments to these General Conditions of Sale shall be binding on users of the website www.dacia-eshop.com from the moment they are posted online but shall not apply to previously-concluded transactions.
The Seller’s contact details shall be as follows:
- Address: 109 Rue Claude Bernard – 77750 MOISSY-CRAMAYEL
- Email: email@example.com
- Intracommunity VAT: FR 33 877 655 134
ARTICLE 2 - Products on sale
The main characteristics of the Products offered for sale on the website or in the Seller’s catalogue include all the substantial information required by the applicable regulations and particularly the specifications, illustrations and details of dimensions or capacity of the Products which appear in the Product sheets and the Seller’s catalogue. However, the photographs and illustrations are merely for guidance and shall not be binding on the Seller.
The Customer shall be required to take note of the characteristics of the Product offered before placing an order.
The Customer shall be solely responsible for choosing and buying a Product.
The Customer must refer to the description of each Product in order to know its properties, key characteristics and delivery times.
The contract information shall be presented in French and English, and confirmed at the latest at the time of validation of the order by the Customer.
Products on offer, other than those relating to cardboard boxes, shall be subject to availability, as specified when the order is placed.
The Products presented on the website www.dacia-eshop.com are offered for sale worldwide.
For all Products dispatched outside mainland France, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be charged to and be the sole responsibility of the Customer, who will settle same when paying for the order.
ARTICLE 3 – Instant purchases - Orders
Article 3-1. Instant purchases
Products for instant purchase shall be chosen in the shop by the Customer in the desired quantity subject to available stocks. The sale shall not be considered final until the Seller has received the full price for same.
It is the Customer’s responsibility to check the condition of the products as well as the accuracy of the price at the time of payment and to promptly report any defect or error.
Considering the Customer’s status as a consumer or non-professional, the Seller shall reserve the right to decline instant purchases of the same product in large quantities depending on the available stock.
Instant purchase shall imply the Customer’s acceptance of these General Conditions of Sale laid down by the Seller.
Article 3-2. Placing an order - General provisions
To be valid, an order must specify the quantity and references of the products sold. An order shall be understood to be any request for the Seller’s products featured in its catalogue or on the website www.dacia-eshop.com.
The order form or the quotation must be given to the Seller duly signed by the Customer. As soon as it is received, the order shall be irrevocable and considered to have been accepted by the Seller, subject to available stocks.
Barring any special conditions, placing an order shall imply the Customer’s acceptance of these General Conditions of Sale laid down by the Seller.
Article 3-3. Placing an order - Special provisions on online sales
It shall be the Customer’s responsibility to select the Products they wish to order on the website www.dacia-eshop.com, according to the registration procedure set out hereunder.
The Customer shall have the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It shall be the Customer’s responsibility to check the accuracy of the order and to promptly report or rectify any errors. The Customer shall be entirely responsible for the information entered for the order. Consequently, the Seller shall not be held responsible or liable in the event that it is unable to execute the order due to errors, inaccuracies or omissions relating to such information.
Order shall be registered on the website www.dacia-eshop.com when the Customer accepts these General Conditions of Sale by ticking the appropriate box and validates the order.
This validation shall imply acceptance of the entire General Conditions of Sale and the conditions of use of the website.
The sale shall only be final after the Seller has emailed confirmation of acceptance of the order to the Customer, which email must be sent without delay.
Any order placed, validated by the Customer, under the conditions and according to the methods laid down in Article 3-3, on the website shall constitute a contract concluded remotely between the Customer and the Seller.
The Seller shall reserve the right to cancel or decline any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer may track the progress of their order on the website.
The Customer acknowledges having the necessary means, skills and capacity to use the website.
The equipment required to access and use the website shall be at the Customer’s expense, as well as the telecommunication costs incurred for their use.
In addition to acceptance of these General Conditions of Sale, placing an order shall necessarily involve providing identification information (name or company name, telephone, postal address, e-mail address, etc.).
The Customer wishing to place an order shall be invited to follow the procedure set out hereunder:
3-3.a Choice of products
The Customer is invited to choose Products and the quantity of same in order to fill the order basket.
Only professional customers who have already ordered a cardboard box may then place orders containing only restocked products.
3-3.b Providing personal information and creating an account
In order to finalise the order, the Customer shall create a Customer account. To do so, the Customer is requested to provide information (name or company name, telephone, postal address, e-mail address, etc.) to be used to identify them. By creating an account, the Customer’s personal information, billing address and delivery address shall be pre-filled for future orders. The Customer shall also be able to consult their history, the details of their orders, their credit notes and track the products they would have returned.
The Customer shall receive their identifiers by email.
The Customer hereby agrees to provide the Seller with accurate, fair and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties and to communicate to the Seller any necessary update of the data communicated when placing their order via their “my account” space. The Customer shall be entirely responsible for the accuracy and updating of the data provided.
Lastly, the Customer must validate these General Conditions of Sale when placing their order.
The Customer shall be solely responsible for the use of their identifiers or actions taken through their account. As this information is strictly personal, it must be kept confidential by the Customer. The Customer expressly acknowledges that entering this personal data shall constitute identification on their part.
In no case whatsoever shall the Seller be held responsible in case of usurpation of the Customer’s identity. Any access and action carried out from the Customer’s account shall be presumed to be carried out by this Customer, insofar as the Seller is not obliged to and does not have the technical means to ascertain the identity of persons accessing the website from an account.
Any loss, forgetfulness, misappropriation or unauthorised use of identifiers and their consequences shall be the sole responsibility of the Customer who hereby agrees to promptly notify the Seller by e-mail sent to the following address: firstname.lastname@example.org.
For security reasons, the Seller does not have access to passwords chosen by the Customers, as these are encrypted. The Seller shall not disclose them directly to Customers. The identifiers can only be changed at the Customer’s initiative. If the Customer has lost or wishes to change their password, they must click on the “Forgot your password?” to generate a new password.
The Customer may permanently close their account at any time by contacting the Seller’s customer service department using the “Contact Us” form. The Seller shall proceed as soon as possible to deactivate the account and shall send the Customer an e-mail confirming the closure of their account.
3-3.c Choice of delivery method
The Customer shall be requested to choose a delivery method, which shall be carried out pursuant to the terms and conditions set out in Article 6.
3-3.d Verification of the order
Before proceeding with payment, the Customer shall be requested to check the accuracy of the information provided, the shipping option chosen and the contents of the shopping cart.
Payment shall be made pursuant to the terms and conditions outlined in Article 5. The Customer must validate these General Conditions of Sale during payment.
3-3.f Confirmation and payment of orders
Pursuant to the law, this order shall only be deemed to have been concluded once the Seller has emailed an acknowledgement of receipt of the order. This e-mail shall contain the information referred to hereinabove.
It shall be the Customer’s responsibility to check the accuracy of the order and to promptly report any errors.
Article 3-4. Changing an order
Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that the Seller receives written notification of such changes before the order is dispatched and notifies its acceptance to the Customer.
Changes, by XPERIENCE’s suppliers, of items that have been covered by a registered order, authorises XPERIENCE to cancel the current order in return for a credit note, unless the Customer agrees to change same, which the Customer agrees to do.
Article 3-5. Cancelling an order
Orders may be cancelled by the Customer, except in the case of exercising the right of withdrawal or in the case of force majeure, within the limits of the Seller’s possibilities and provided that the written notification to the Seller is received before the order is dispatched and that the Seller has notified its acceptance to the Customer.
In the event of cancellation of the order by the Customer after acceptance of same by the Seller upon receipt of the notification received prior to dispatching the order, for any reason whatsoever other than exercising the right of withdrawal or force majeure, an amount representing 20% of the total amount of the purchase shall accrue to the Seller and charged to the Customer as damages and compensation for the loss thus incurred.
Removal, by XPERIENCE’s suppliers, of items that have been covered by a registered order, authorises XPERIENCE to cancel the current order in return for a credit note, unless the Customer agrees to change same, which the Customer agrees to do.
ARTICLE 4 - Prices
The Products are supplied at the applicable prices featured on the website www.dacia-eshop.com, in the Seller’s catalogue, on the quotation drawn up by the Seller or in the shop, during registration of the order by the Seller or instant purchase of the Products. Prices are expressed in Euros, exclusive and inclusive of VAT.
These prices are firm and non-revisable during their period of validity, as indicated on the website, in the Seller’s catalogue, on the quotation drawn up by the Seller or in the shop, the Seller reserving the right, outside this period of validity, to change the prices at any time.
For orders other than immediate purchases, they include the costs of processing, shipping, transport, delivery and customs duties under the conditions indicated in the catalogue, on the website or on the quotation drawn up by the Seller.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport, delivery and customs costs, as calculated prior to the validation of the order by the Customer, shall be fully borne by the Customer.
The payment requested from the Customer shall be the total amount of the purchase, including these costs.
Any specific orders from the Customer may be considered. In this case, they shall be subject to a quotation accepted in advance by the Customer. The quotations drawn up by the Seller are valid for a period of one month from their date of issue. The order based on a quotation shall be deemed to have been accepted by the Seller upon receipt of the order form issued by the Customer.
An invoice shall be drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 5 - Terms of payment
Article 5-1. Terms of payment of instant purchases
The price shall be payable in full, either by credit card or in cash, upon delivery of the Products.
Article 5-2. Terms of payment for orders placed based on a quotation or order form (for professionals only)
The price shall be payable in full in cash on the day of receipt of the quotation or order form when payment is made by bank card, and no later than thirty days from receipt of the quotation or order form when payment is made by bank transfer.
Article 5-3. Terms of payment for online sales
For the consumer or non-professional Customer, the price shall be payable in full, by bank card (CB, Visa, MasterCard), on the day the order is placed.
For the professional Customer, the price shall be payable either in full on the day the order is placed by bank card (CB, Visa, MasterCard), or by bank transfer no later than thirty days of the order being placed. The Seller’s bank details shall be emailed to the Customer along with confirmation of the acceptance of the order and reiterated after the order has been finalised. The Customer shall be requested to specify their order number in the description of the bank transfer.
In order to secure the use of the means of payment, the Vendor may request any supporting documents (on identity, residence and/or means of payment used) from the Customer. In the event of failure or refusal to present the requested supporting documents, the Seller shall reserve the right to suspend or cancel the delivery of the related orders. The delay in submitting the requested supporting documents may delay the dispatch and delivery of the ordered products.
The Customer shall not be charged any additional costs besides those incurred by the Seller for using a payment method.
All online payments on the Website shall be made via the payment service provider PAY PLUG, which is subject to all legal and regulatory obligations applicable to Payment Institutions under French jurisdiction.
Article 5-4. General terms of payment
Payment by bank card shall be irrevocable.
Payments made by the Customer shall not be considered final until the Seller has actually received the amounts outstanding.
In the event of late payment and settlement of amounts due by the Customer beyond the deadlines set out above, and after the date of payment shown on the invoice sent to the Customer, late payment penalties set at three times the legal interest rate shall be automatically and by operation of law payable to the Seller, without any formality or prior notice of default, and shall result in the immediate payment of all amounts due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect.
In the event of late payment, the Customer shall also be required to pay a fixed indemnity as collection fees, amounting to €150 (one hundred and fifty) euros, automatically and without prior notice. The Seller may request additional compensation from the Customer if the collection fees actually incurred exceed this amount, upon presentation of the relevant documents.
Additionally, the Seller shall reserve the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress placed by the Customer.
ARTICLE 6 - Delivery of ordered Products
Article 6-1. Terms of delivery
Delivery of the Products means transferring to the Customer physical possession or control of the Products ordered.
When the order contains one or more cardboard boxes, the Products ordered by the Customer shall be delivered to the address indicated by the Customer, within a timeframe announced before validation of the order, which will start running from the date of full payment of the price.
Products other than cardboard boxes shall be delivered within a maximum period of four months from the placing of the order to the address indicated by the Customer.
These delivery times are provided for information purposes only and are indicative, as they depend in particular on the availability of the Products, the carrier and the order of arrival of orders.
Except in special cases or when one or more Products are unavailable, the Products ordered shall be delivered in a single consignment.
The Seller hereby agrees to use its best efforts to deliver the Products ordered by the Customer within the time limits specified hereinabove, in accordance with the standard logistical timeframe in the industry. Any delay with respect to the indicative delivery time initially set shall not be used to justify cancellation of the order placed by the Customer and recorded by the Seller, nor give rise to any penalty or compensation.
Deliveries shall be made by an independent carrier to the address given by the Customer at the time of placing the order and to which the Carrier can have easy access. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and shall not be entitled to any warranty claims against the Seller in the event of failure to deliver the goods carried or the occurrence of any risk during carriage (loss, theft or delay in deliveries, etc.).
In the event of a specific request from the Customer on the conditions of packaging or carriage of the Products ordered, duly accepted in writing by the Seller, the related costs shall give rise to specific additional invoicing, subject to the Customer’s prior consent.
For the consumer Customer, it is hereby reiterated that according to the regulations:
- the professional shall deliver the goods on the date or within the period indicated to the consumer, unless the parties agree otherwise. In the absence of any indication or agreement as to the date of delivery or supply, the professional shall deliver the goods or provide the service without undue delay and no later than 30 days after conclusion of the contract (Article L. 216-1 of the Consumer Code);
- any risk of loss of or damage to the goods shall be passed on to the consumer at the time the latter takes physical possession of the goods (Article L. 216-2 of the Consumer Code);
- any delay or failure to perform the services shall not constitute a fault ascribable to the professional if such delay or failure to perform is ascribable either to the consumer or to the unforeseeable and insurmountable act of a third party to the contract (other than the carrier) or a case of force majeure as defined by the regulations (Article L. 221-15 of the Consumer Code).
Should the professional fail to fulfil its obligation to deliver or provide the service under the conditions mentioned hereinabove, the consumer may (Article L. 216-6 of the Consumer Code):
- notify the professional of the suspension of payment of all or part of the price until the professional performs, under the terms and conditions of Articles 1219 (a party may refuse to perform its obligation, even though it is due, should the other party fail to fulfil its own and if such non-performance is sufficiently serious) and 1220 (a party may suspend performance of its obligation if it is clear that the other party shall not perform on time and the consequences of such non-performance are sufficiently serious for them) of the Civil Code;
- terminate the contract if, after having given notice to the professional to deliver or provide the service within a reasonable additional period, the latter still fails to perform within this period. The contract shall be deemed to be terminated on receipt by the professional of the letter or document informing the latter of such termination, unless the professional has performed in the meantime.
However, the consumer may immediately rescind the contract:
- where the professional refuses to deliver the goods or where it is obvious that the latter shall not deliver the goods;
- where the trader fails to deliver the goods or provide the service on the date or within the period stipulated and where such date or period is a material requirement of the contract for the consumer. This material requirement shall arise from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before concluding the contract.
Where the contract is terminated in these circumstances, the professional shall reimburse the consumer for all amounts paid no later than fourteen days from the date of termination of the contract.
Article 6-2. Receipt of ordered products
The Customer shall carefully check the condition of the Products delivered.
Upon receipt of the Products, the Customer must express any reservations or claims for non-conformity, defects or apparent faults of the delivered Products on the delivery note that shall be presented to them by the co-signing Carrier. The reasons for such reservations or claims must be clearly presented in detail on the said document. The Customer shall then have a period of 72 hours from delivery of the Products to confirm, with the same accuracy, to the Seller by registered letter with acknowledgement of receipt, the reservations and claims previously made or to express new ones that could not be made when the Products were received.
After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect. It is hereby reiterated that failure by the Customer to express any reservations at the time of delivery of the Products shall not exonerate the Seller from the guarantee of conformity, as described hereunder.
The above provisions shall apply equally in the event of direct delivery to the end user on behalf of the Customer.
In the event of a complaint regarding missing items, the Customer shall have 72 hours from delivery of the Products to notify the Seller of the said complaint. The shipment shall then be reconstructed and the verified weight shall be binding with respect to the weight stated on the consignment note.
ARTICLE 7 - Returning ordered Products
Any return of Products must be covered by a written agreement between the Seller and the Customer. Any product returned without such agreement shall be held at the Customer’s disposal in the Seller’s premises for a period of two months and shall not give rise to a credit note or a refund.
It is hereby specified that no product that has been personalised, made to measure or is one size fits all shall be returned.
Any request for return must be made within no later than 72 hours from the date of delivery of the goods.
In the event of acceptance by the Seller, the latter shall send a return form to the Customer and the goods shall only be taken back under the following conditions: the products must be in perfect condition, must not have been used and must be returned with all their accessories and documentation, in their original packaging. Despite the Seller’s acceptance, the costs and risks associated with the carriage and the packaging costs shall be borne by the Customer.
Except in the case of an error ascribable to the Seller, the latter shall apply a discount of 20% on the invoice price of the goods, in order to cover the costs of management and restocking.
ARTICLE 8 - Transfer of ownership - Transfer of risks
Article 8-1. Provisions applicable to instant purchases
For instant purchases, the transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the latter.
The risks of loss and deterioration to the Customer shall be transferred at the same time as the transfer of ownership, i.e. after full payment of the price by the latter.
Article 8-2. Provisions applicable to online sales
For online purchases, the transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the latter, irrespective of the delivery date of the Products.
Article 8-2.a - Provisions applicable to the consumer or non-professional Customer for online sales
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products, which shall therefore be carried at the Seller’s risk, except when the Customer uses a carrier chosen by itself, independent of the Seller, in which case the transfer of risks shall be carried out at the time of delivery of the Products ordered by the Seller to the carrier chosen by the Customer.
Article 8-2.b - Provisions applicable to the professional Customer for online sales
The risks of loss and deterioration to the Customer shall be transferred at the same time as the transfer of ownership, i.e. after full payment of the price.
ARTICLE 9 - Liability of the Seller - Warranties
Article 9-1. Provisions applicable to the consumer or non-professional Customer
The Products on sale shall comply with the regulations applicable in France.
The Customer shall be entitled by right and without additional payment, to the legal guarantee of conformity for the apparently defective, damaged or spoiled Products or those that do not correspond to the order, and to the legal guarantee of hidden defects resulting from a material, design or manufacturing defect affecting the delivered Products and making them unfit for use.
The Seller shall guarantee the products in accordance with the legal provisions applicable, which may result, where applicable, from the Civil Code (Articles 1641 to 1649 and 2232) or the Consumer Code (Articles L.217-4 to L.217-13), upon presentation of the purchase invoice or order confirmation on the Site.
Any complaint must be sent to the Seller by the Customer by registered letter with acknowledgement of receipt to the address of the Seller’s registered office presented in the header of the General conditions of Sale. Any complaint received by the Seller shall be processed within a reasonable time from the date of receipt.
Article 9-2. Provisions applicable to the professional Customer
In accordance with the applicable legal instruments, the Seller shall guarantee the professional Customer against all consequences of hidden defects in the item sold.
ARTICLE 10 - Intellectual property
The Seller shall retain all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to supplying the Products to the Customer.
The Customer shall therefore refrain from reproducing or using the said photographs, presentations, studies, drawings, models and prototypes, etc., without the Vendor’s express, written and prior consent, which may be conditional on a financial consideration.
Use of the website www.dacia-eshop.com shall be restricted to personal use only. Any hypertext link referring directly to the said website must be subject to prior express authorisation from the Seller.
ARTICLE 11 - Personal data protection
Information collected on the Customer shall be processed electronically by the Seller with a view to implementing the contract. This information and personal data shall also be kept for security purposes, in order to comply with legal and regulatory obligations, i.e.:
- Data needed to manage orders and invoicing: for the entire duration of the commercial relationship and ten years for accounting purposes.
- Data relating to means of payment: this data shall not be kept. They shall be collected at the time of the transaction and immediately deleted once the purchase has been settled.
The data controller shall be the Seller, the sole recipient of the data, whose contact details are indicated in ARTICLE 1 hereof.
Access to personal data shall be strictly limited to the employees of the data controller, authorised to process them by virtue of their roles.
Pursuant to Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004, and by European Regulation No. 2016/.679, the Customer shall have a right of access, rectification, deletion, and portability of the data concerning them, as well as the right to object to the processing for a legitimate reason, rights which they can exercise by contacting the data controller at the postal or email address mentioned hereinabove.
The Seller invites you to consult its personal data protection charter available on the website www.dacia-eshop.com.
Where the Customer believes that its rights are not respected, the Customer may file a complaint to the CNIL (French Data Protection Authority). Visit the website cnil.fr for further information on your rights.
ARTICLE 12 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code or from exceptional health or climatic hazards beyond the Parties’ control.
The Party experiencing the event must promptly notify the other Party of its inability to perform its obligation and justify this to the latter. The suspension of obligations shall in no case whatsoever be a cause of liability for non-performance of the obligation in question, nor shall it lead to payment of damages or penalties for delay.
Performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed 180 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall use every effort to resume normal performance of their contractual obligations as soon as possible. In this respect, the Party prevented from performing its obligation shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is permanent or exceeds a duration of 180 days, this contract shall be simply terminated.
The termination shall only take place seven days after receipt of a formal notice served by registered letter with acknowledgement of receipt or by any extrajudicial act. However, such notice of default must mention the intention to apply this clause.
ARTICLE 13 - Governing law - Language
These General Conditions of Sale and the operations arising therefrom between the Seller and the Customer shall be governed by and subject to French law.
These General Conditions of Sale shall be prepared in French and English.
In the event that they are translated into one or more foreign languages, only the French version shall be authentic in the event of a dispute.
ARTICLE 14 – Provisions applicable solely to the consumer or non-professional Customer
Article 14-1. Right of withdrawal
Pursuant to the applicable legal provisions, the Customer shall have a period of fourteen days from the date of receipt of the Products to exercise its right of withdrawal from the Seller, without having to justify the reasons for same or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products shall not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.dacia-eshop.com or in these General Conditions of Sale, in which case the Seller shall immediately send the Customer an acknowledgement of receipt on a durable material, or by way of any other unequivocal statement expressing the wish to withdraw.
To exercise the right of withdrawal, the Customer may notify the Seller of his intention to withdraw by e-mail to email@example.com or by post to the following address: 109 Rue Claude Bernard – 77750 MOISSY-CRAMAYEL.
Where the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed, while the cost of returning the Product(s) shall be borne by the Customer.
It is hereby specified that the costs of processing the order shall not be reimbursed in the event of a partial return following an order of several Products.
The refund shall be made within 14 days of notification to the Seller of the decision to withdraw.
In case of abnormal or abusive returns, the Seller shall reserve the right to decline a subsequent order.
Article 14-2. Disputes
In the event of a dispute over the General Conditions of Sale and more generally to the contracts concluded via the website www.dacia-eshop.com, the Seller shall endeavour to resolve the dispute with the Customer amicably within one month.
Where the dispute cannot be resolved between the Seller and the Customer, the latter may, under the terms of Articles L.612-1 et seq. of the Consumer Code, refer the matter to the Seller’s mediator.
Where no amicable solution is found within this period, the Courts of MELUN shall have exclusive jurisdiction, regardless of the place of delivery, the method of payment, and even in the event of an action in warranty or multiple defendants.
The Customer hereby acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Conditions of Sale, prior to placing the order and pursuant to the provisions of Article L111-1 Of the Consumer Code
• on the key characteristics of the Products and in particular the specifications, illustrations and details of dimensions or capacity enabling the Customer to acquire the Products with full knowledge of the facts, particularly with regard to their conditions of use. Photographs and graphics present shall not be contractually binding and shall not incur the Seller’s liability. The Customer must refer to the description of each Product in order to know its properties and key specifications.
• on the price of the Products or, in the absence of payment of a price, on any benefit provided instead of or in addition to it;
• in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
• on the identity of the Seller and all its contact details;
• on the existence and the terms of implementation of the guarantees (legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where applicable, on the after-sales service;
• on the possibility of referring matters to a consumer mediator, under the conditions laid down in the Consumer Code;
• the terms of cancellation and other important contractual conditions and, where applicable, the costs of using remote communication technology, the existence of codes of good conduct and financial deposits and guarantees;
• on accepted means of payment;
The fact that the Customer makes an immediate purchase or orders a Product implies full and complete acceptance of these General Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives especially the right to invoke any contradictory document, which may be unenforceable against the Seller.