General sales conditions

Preamble

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1. Acceptance of conditions

The Buyer agrees that he was aware of the specific sales conditions on this screen when he made his order, and states that he accepts them without reservation.

These general sales conditions define the contractual relation between DÉDALE...L’ATELIER and their Buyer, and the two parties accept them without reservation. These general sales conditions supersede and annul all other conditions on any other document unless there is a specific written prior derogation.

2. Products

The photographs of the products are not contractual. DÉDALE...L’ATELIER are not responsible for any errors that may occur. The majority of the products offered by DÉDALE...L’ATELIER to their Buyers are available in their warehouse.

3. Order

The automatic registration systems are considered as sufficient proof of the nature, the content and the date of order. DÉDALE...L’ATELIER will confirm to the Buyer that the order has been accepted using the e-mail address that Buyer has given. The sale is not completed until the order has been verified. DÉDALE...L’ATELIER has the right to cancel any order from a Buyer with whom there is a dispute relating to payment for an earlier order. The information given by the Buyer when making an order is their responsibility: in the event of an error in the delivery address, DÉDALE...L’ATELIER cannot be held responsible if it is impossible to deliver the order.

4. Delivery

After confirming an order, DÉDALE...L’ATELIER agree to deliver to his carrier all the articles ordered by the Buyer within a maximum of 72 working hours. The parcels are sent by Collissimo Suivi (premium parcel post service) and La Poste promises to deliver the order to the address given by the Buyer and provided to La Poste by DÉDALE...L’ATELIER.

Additionally, for deliveries outside mainland France, the Buyer agrees to pay all import taxes, customs duties, value added tax and all other taxes due under the laws of the country where the order is received. All orders made with DÉDALE...L’ATELIER are for the personal use of the Buyer and the Buyer or the person receiving the order will not re-sell some or all of the products contained therein. DÉDALE...L’ATELIER accept no legal responsibility if tax payments are not made by the Buyer.

Delivery is made by La Poste (French Postal Service) using Colissimo Suivi (premium parcel post service) for delivery to mainland France. Delivery is made within the time frame agreed with the Buyer by the product being handed directly to the addressee, or if they are absent, to another person authorised by the Buyer. The Buyer has no right to claim damages for any lateness of delivery.

Delivery to EC countries is made by La Poste (French Postal Service) using Airmail Priority Service. Deliveries to countries outside the EC are made by international postal services using Airmail Priority Service.

For a technical product, the Buyer should read the instructions for use that is supplied with it and check that it operates correctly upon delivery. If the product is faulty, the Buyer has the right to return it as detailed under Article 5 in these General Sales Conditions.

DÉDALE...L’ATELIER is released from its obligation to supply by reason of a force majeure which may include but is not limited to war, riot, fire, strikes, accidents and supply failures. The goods are dispatched at addressee’s risk. Always check your parcel upon arrival. If anything is broken or damaged, you should refuse the package and report the damage to the carrier. You have 48 hours to indicate any shortages or damage to DÉDALE...L’ATELIER and to send a copy of the declaration you made to the carrier.

For reasons of availability, an order can be delivered in several parcels to a Buyer. The Buyer only pays for one delivery in this case. If the Buyer requires delivery to 2 addresses, he should make two orders and each will have its own delivery charge.

5. Faulty or wrong merchandise

In case of delivery of a product that does not correspond to the order (faulty or wrong item), the Buyer has 7 days to register his complaint from the day he received the merchandise.

All complaints must be sent by registered mail to :

DÉDALE...L’ATELIER
4 rue Bartholdi
63100 CLERMONT-FERRAND
FRANCE
They must include:

- the Buyer’s address

- the item’s reference number

- the reasons for the complaint.

The product shall be returned within 7 working days after a return number has been assigned by the Customer Service of DÉDALE...L’ATELIER.

Shall this procedure not be followed, DÉDALE...L’ATELIER will not exchange or reimburse the products thus ordered.

Any article to be exchanged or returned shall be sent to DÉDALE...L’ATELIER in the condition in which it was shipped, in its original packaging and without having been used, and should include all accessories.

The return shipping charges will be reimbursed to the Buyer by DÉDALE...L’ATELIER, unless the returned or exchanged item does not correspond to the original declaration made by the Buyer. The reimbursement of these return shipping charges will not be in excess of the shipping fees charged by Colissimo.

Any risk associated with the return of the article is carried by the Buyer.

Should the above-mentioned procedure or the allotted time frame not be respected, the Buyer will not be able to file a complaint for delivery of defective or wrong merchandise. The products delivered will be considered free of any apparent defect and conform to the order.

6. Availability of products

In case the product ordered is not available, DÉDALE...L’ATELIER will inform the Buyer as soon as possible. According to the dispositions in Article L 121.20.3 in the French Code de la Consommation, DÉDALE...L’ATELIER will in this case be able to deliver a product of a similar price and quality.

In any case, the products ordered will be delivered within a maximum of thirty (30) days following the day the Buyer placed his order, as long as full payment has been made.

Should DÉDALE...L’ATELIER decide not to use this clause, the Buyer will be reimbursed without delay and no later than 30 days after payment was made.

7. Cancellation

According to Article L 121-16 of the French Code de la Consommation, the Buyer has 7 working days from the day he received the articles to return, at his own expense, the products ordered for reimbursement.

It is necessary that the products be returned in perfect saleable condition, intact, unopened and in their original packaging, and accompanied by all the accessories, if there are any, the instructions for use and other documentation, to the address below:

DÉDALE...L’ATELIER
4 rue Bartholdi
63100 CLERMONT-FERRAND
FRANCE
Returns must include the corresponding invoice.

Any item that is incomplete, damaged or whose original packaging was deteriorated will not be reimbursed or exchanged.

The Buyer is responsible for making all shipping arrangements for items he chooses to return. DÉDALE...L’ATELIER recommend that any returns be fully insured and via a carrier that provides tracking information. In the event that a package is lost or damaged during shipment back to DÉDALE...L’ATELIER, a refund will not be issued by DÉDALE...L’ATELIER.

Should the Buyer exercise this right of cancellation, DÉDALE...L’ATELIER will refund all payments made by the Buyer, excluding the cost of sending and returning the goods. The refund will be made within 15 days to the person that made the original purchase.

A package that is refused for delivery is the same as making a return, and the Buyer is responsible for all shipping and handling charges already incurred by DÉDALE...L’ATELIER.

8. Price

Prices are in EUROS.

Prices on product sheets do not include delivery costs.

The price shown on the order confirmation is the final price and it will not be subject to change; it includes all taxes and VAT for France and EC countries. This price includes the product price, handling, packaging and storage costs, delivery and installation.

9. Payment

The price invoiced to the Buyer is the price shown on the order confirmation sent to him by DÉDALE...L’ATELIER.

The price of the products is payable at the time of purchase on the day the order becomes effective.

Payments can be made by bankcards with the CB logo, by checks drawn on a French bank and by bank transfers.

The number of your bankcard is directed to the bank’s server, and your payment is made directly to a bank in a secure environment without transiting via the store server. This provides a much greater assurance that your number is only known by our partner bank; the PAYPAL system.

The order confirmed by the Buyer will not be considered as effective until the bank online payment server has authorised it. In the event that this server refuses it, the order is automatically cancelled and the Buyer advised by e-mail.

Additionally, DÉDALE...L’ATELIER reserves the right to cancel any order from a Buyer.

10. Jurisdiction

This agreement is subject to the laws of France. DÉDALE...L’ATELIER cannot be held responsible for damage of any sort, whether actual, theoretical or personal that may result from the poor operation of one of the products sold. This also applies for any changes made to products by their manufacturers. For all and any claim, the responsibility of DÉDALE...L’ATELIER is limited to the value of the order and is not engaged for simple errors or omissions that may occur despite all the precautions taken in presenting the products. In case of difficulties in applying this agreement, the Buyer has the option, prior to any legal action, of seeking an agreed solution specifically with the assistance of a professional association for the branch, a consumer’s association or any other adviser of their choice

It should be noted that seeking an agreed solution does not interrupt the ‘short delay’ of legal guarantees nor the contractual length of this guarantee. It should also be noted that as a general rule, with the reservation that the courts can change their approach, the respect of the clause of this contract in respect of the guarantee assumes that the Buyer has met his financial obligations to DÉDALE...L’ATELIER.

Any claims or disputes will be attentively and carefully evaluated and those who take the trouble to explain the circumstances are always presumed to be honest. In the event of a dispute, the Buyer should first contact the company to try and find an agreed solution.

Should this fail, the Tribunal de Commerce at Clermont-Ferrand (FRANCE) is the only competent court whatever the place of delivery and whatever means of payment is accepted. Any claim or cause of action brought by the Buyer with respect to matters related to this website, including these general sales conditions, must be brought in the Tibunal de Commerce at Clermont-Ferrand, and must be commenced no later than one year after the claim arises. If any provision of these general sales conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect.

11. Guarantee

DÉDALE...L’ATELIER cannot be held responsible for a failure to respect the current regulations or laws in the destination country. DÉDALE...L’ATELIER’s responsibility is always limited to the value of the product in question, valued at its date of sale and this without the possibility of claims against the trademark or the manufacturer.

In all circumstances, the Buyer has a legal guarantee against vices and hidden faults (Articles 1625 and following of the French Code Civil). Provided that the Buyer can demonstrate that there is a hidden defect, the Seller is legally obliged to repair all the consequences (Articles 1641 and following of the French Code Civil). Should the Buyer contact the courts, he must do so within a ‘short delay’ of finding the hidden defect (Article 1648 of the French Code Civil).

Customer Service can be contacted from Monday through Friday at +33 6 62 24 18 70 or by e-mail at contact@dedale-latelier.com (answer within 48 hours).

12. Legal notice

The collection of personal information is compulsory for mail order sales and this information is essential for preparing and delivering orders, preparing invoices and guarantee agreements. A failure to provide this information will result in an order not being accepted. As required by the French law "Informatique et Libertés", the use of the Buyer’s personal data is declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). Under Article 34 of the law of January 6, 1978, the Buyer has a right of access, modification, correction and deletion of data about himself which he can exercise via DÉDALE...L’ATELIER. Additionally, DÉDALE...L’ATELIER agrees not to communicate, free of charge or for payment, the addresses of their Buyers to other third parties.

13. Ownership clause

The ownership of the products sold remains with DÉDALE...L’ATELIER until full payment has been received, including principal, shipping charges and VAT. In the time frame between delivery and transfer of ownership, the risks of loss, theft or destruction remain with the Buyer.

Shall the Buyer not fulfill his payment obligations, the Seller has the right to demand immediate restitution of the merchandise delivered at the expense and risk of the Buyer.