General Terms and Conditions of Sale
General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to all contracts concluded between Deep MV France, 77 Montée Pierre Etienne, 13390 Auriol, France, Siret: 83033211000014 (hereinafter referred to as “the seller”) and all consumer making a purchase on the DEEP MODA VEGAN website (hereinafter referred to as “the customer”).
Article 1. Purpose and general provisions
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of products offered by the seller.
These General Conditions of Sale (GTC) apply to all sales of products made through the seller’s websites that are part of the contract between the customer and the seller. The seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment of the order.
The seller also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The customer declares to have read all these General Conditions of Sale, and if applicable the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The client declares to be able to legally contract under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise the information recorded by the seller constitute proof of all transactions.
Article 2. Price
The prices of the products sold through the Internet sites are indicated in euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the seller. They will be the responsibility of the customer and are his responsibility (statements, payment to the competent authorities, etc.). The seller invites the customer to inquire about these aspects from the corresponding local authorities.
Article 3. Conclusion of the contract on line
The customer must follow a series of steps specific to each Product offered by the seller to be able to fulfill his order:
Indication of the essential data of the customer, the delivery will be made to the address indicated by the customer. For the purposes of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the customer undertakes to provide its truthful identification.
The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Acceptance of these General Terms of Sale.
Followed instructions for payment,
Payment of products.
The customer will receive confirmation by e-mail of the payment of the order.
Article 4. Products and services
The essential characteristics of the goods, services and their respective prices are made available to the customer on the seller’s websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The seller agrees to honor the customer’s order within the limit of stocks of products available only. Otherwise, the seller informs the customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address communicated).
In accordance with the legal provisions regarding compliance and hidden defects, the seller refunds or exchanges defective products or those that do not correspond to the order.
The refund can be requested as follows:
Contact the customer service of the seller by email: firstname.lastname@example.org to obtain a prepaid return voucher. The product must be returned in its original condition and packaging. The seller, after receipt of the product, agrees to make a bank transfer of the amount due within 2 (two) business days
Article 5. Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6. Terms of delivery
The products are delivered to the delivery address that was indicated during the order and the time indicated.
In case of late delivery, the customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The seller proceeds to refund the product and expenses “go” under the conditions of Article L 138-3 of the Consumer Code.
The seller reminds that at the moment when the customer hangs physically the products, the risk of loss or damage of the products is transferred to him. It is the customer’s responsibility to notify the carrier of any reservations about the delivered product.
Article 7. Availability and presentation
Orders will be processed within the limits of our available stocks. In case of unavailability of an item for a period longer than 8 working days, you will immediately be notified of the foreseeable delivery times and the order of this article may be canceled on request. The customer can then request a credit for the amount of the item or refund.
Article 8. Payment
Payment is due immediately upon order, including pre-order products. The customer can make payment by credit card bank transfer.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art.
Once the payment has been initiated by the customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his bank details at the time of the sale, the customer authorizes the seller to debit his card with the amount relating to the price indicated. The customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved automatically and the order canceled.
Article 9. Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return costs. “The period mentioned in the preceding paragraph runs from the receipt for the goods”. The right of withdrawal can be exercised by contacting the seller as follows: by mail to the following address; email@example.com
The product must be returned in its original condition and packaging. The seller, after receipt of the product, undertakes to make a bank transfer of the amount due within 2 (two) working days.
Article 10. Guarantees
According to the law, the seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The seller reimburses the customer or exchanges the products apparently defective or not corresponding to the order made. The request for reimbursement must be made as follows:
Article 11: Complaints
If necessary, the customer can submit any complaint by contacting the seller by email at the following coordinates: firstname.lastname@example.org
Article 12. Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13. Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15. Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you contained in the files of the seller. The seller undertakes not to use the confidential information of the client for sales pitches in any form.
Article 16. Applicable law
All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French right.