General conditions of sale
Article 1 - Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.daestore.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are valid until December 31, 2023.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.daestore.com.
These conditions only apply to purchases made by buyers located in France and delivered exclusively to French territory. For any delivery outside France, please send a message to contact@daestore.com.
These purchases concern the following products: albums and derivative products.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against him in accordance with the terms of article 1119 of the civil code.
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
3.2 The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- in the absence of immediate execution of the contract, the date or period by which the service provider undertakes to deliver the goods or perform the service, whatever its price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
3.3 The seller communicates the following information to the buyer:
- its name or business name, the geographic address of its establishment and, if different, that of the head office, its telephone number and its email address;
- the terms of payment, delivery and execution of the contract, as well as the terms provided by the professional for the processing of complaints;
- in the event of a sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;
- the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of a contract of indefinite duration.
3.4 The seller indicates, with regard to digital content:
- any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.
Article 4 - The order
The buyer has the possibility of placing his order online, from the online catalogue and using the form provided therein, for any product, within the limit of available stocks.
In the event of unavailability of an ordered product, the buyer will be informed by all necessary means.
For the order to be validated, the buyer must accept, by clicking on the indicated place, the present general conditions. He must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order for this Product and its possible reimbursement will then be carried out, the remainder of the order remaining firm and definitive.
For any questions regarding order tracking, the buyer must call 04 81 91 95 60 (cost of a local call).
Article 5 - Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- due date of the amounts due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact 04 81 91 95 60 (cost of a local call) .
Article 6 - Order confirmation
The seller sends an email confirming the express commitment of the parties.
Article 7 - Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractually binding.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.
Payment of the price is made in cash when ordering, by bank card only.
Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. The seller has set up an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge.
As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by email. The order will then only be validated after receipt and verification by the seller of the documents sent.
Payment of the price is made in cash when ordering, by bank card only.
Payments made by the buyer will only be considered final after actual collection of the amounts due by the seller.
Article 11 - Availability of products - Reimbursement - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the delivery time is two working days from the day following the day on which the buyer placed his order.
In the event of non-compliance with the agreed delivery date or period, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written document informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
the professional may defer reimbursement until the recovery of the goods or until
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
- the legal interest rate if the reimbursement occurs no later than 10 days after the expiry of the 14-day period stated above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and an additional five points for each new month of delay up to the price of the product, then the legal interest rate.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's banking institution.
The products ordered are delivered according to the following terms : Click and Collect within 24 hours in store, at 46 rue de la Charité 69002 LYON, during opening hours and upon presentation of proof of identity.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package.
Article 13 - Delivery errors
The buyer must notify the seller on the same day of delivery or at the latest on the first working day following delivery, of any claim for delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's choice:
- phone number: 04 81 91 95 60 (cost of a local call)
- email address: contact@daestore.com
Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability towards the buyer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging , by Colissimo Recommandé, to the following address: Daestore SARL, 46 rue de la Charité 69002 LYON.
Return costs are the responsibility of the seller.
Article 14 - Transfer of risks
The transfer of ownership and the risks of loss and deterioration relating thereto will only be carried out after full payment of the price by the buyer, regardless of the delivery date. The products therefore travel at the seller's risk.
Article 15 - Product warranty
15.1 Legal guarantee of conformity and legal guarantee of hidden defects
Daestore SARL, 46 rue de la Charité 69002 LYON, guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
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"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. “The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. |
15.2 Liability for defective products
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of law n° 98-389 of May 19, 1998 relating to liability for defective products.
Article 16 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days from receipt by the seller of the products returned by the buyer under the conditions set out above.
Article 17 - Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The following shall be considered as cases of force majeure: any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of intellectual property rights over this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 19 - Data Protection and Freedoms
The personal data provided by the buyer are necessary for processing the order and issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website (see the general conditions of use)
Article 20 - Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 21 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 22 - Title
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.
Article 23 - Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 24 - Mediation
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity selected is: SAS CNPM - MÉDIATION - CONSOMMATION.
In the event of a dispute, the consumer may file a complaint on the website: http://cnpm-mediation-consommation.eu
or by post by writing to
CNPM - MEDIATION - CONSUMPTION
27, avenue de la Liberation – 42400 SAINT-CHAMOND
Article 25 - Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
ANNEX 1 - Provisions relating to legal guarantees
Articles L. 217-4 , L. 217-5 , L. 217-12 and L. 217-16 of the Consumer Code and reproduction of Articles 1641 and 1648 of the Civil Code.