T&Cs and T&Cs
General conditions of sale and use
Last modified: August 2022
www.debongout-paris.com (the "Site") is published by Société Debongout, a simplified joint stock company with capital of €1,343, whose registered office is located at 7 Place de l'Hôtel de ville 93600 Aulnay-sous-Bois, France, registered in the Bobigny Trade and Companies Register under number 843 975 061, with intra-community VAT number FR58843975061 (hereinafter "Debongout SAS").
I. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general terms and conditions of sale (the "GTC") detailed below apply to all orders for products (the "Products") placed via the Site with Debongout SAS by any person (the "Customer").
The Customer must read the General Terms and Conditions prior to any order (the "Order"), the General Terms and Conditions being available on the Site. Debongout SAS reserves the right to adapt or modify these General Terms and Conditions at any time. However, the version of the General Terms and Conditions applicable to any sale is that appearing online on the Site at the time of the Order. Consequently, placing an Order requires the Customer's full and unconditional prior acceptance of the General Terms and Conditions by clicking on the "I accept the general terms and conditions of sale" button.
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, scheduled or not, by Debongout SAS or its service providers, for the needs of its maintenance and/or security or cases of force majeure (as defined below). Debongout SAS cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site caused by a third party or a case of force majeure.
Debongout SAS does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without failure or interruption. Debongout SAS cannot be held responsible for data transmission, connection or network unavailability problems that are not its fault.
Debongout SAS reserves the right to develop the Site, for technical or commercial reasons.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Debongout SAS cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to Debongout SAS that he is of legal age and has the legal capacity to enter into a contract.
The Customer may delete his account at any time by contacting Debongout SAS at the email address: hello@debongout-paris.com
IV. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limit of available stocks. These indications are automatically updated in real time. In the event that a sale is made on a Product indicated as available by mistake, Debongout SAS will offer to refund your Order.
The Products available on the Site are of two categories: New Products or Second-Hand Products. For the second category, the Customer understands that these are second-hand products which may therefore have slight defects or signs of wear as specified in the description of the Product and/or the photographs of the Product.
V. ORDERS
Placing an Order on the Site is subject to compliance with the procedure set up by Debongout SAS on the Site, comprising successive stages leading to validation of the Order.
The Customer may select as many Products as he/she wishes, which will be added to the shopping cart (the "Shopping Cart"). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices, taxes and associated fees. The Customer may freely modify the Shopping Cart before confirming his/her Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their price and the associated taxes and fees.
A confirmation email summarizing the Order (Product(s), price, quantity, etc.) will be sent to the Customer by Debongout SAS. For this purpose, the Customer formally accepts the use of email for confirmation by Debongout SAS of the content of his Order. Invoices are available in the "my account" section of the Site.
VI. LIMITED AVAILABILITY OF PRODUCTS
Debongout SAS reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the Site.
Debongout SAS cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site.
VII. PRICE AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros, including VAT and transport costs, but excluding customs fees and other taxes for shipments outside the European Union. For shipments outside the European Union, if applicable, customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France.
Debongout SAS reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices displayed at the time of payment of the Order.
Payment for purchases is made either via Paypal, or via the secure platform of our payment provider Shopify, or via our payment provider Alma in several installments.
The Seller offers its Customers Alma's credit service for the settlement of their purchases and the execution of the payment. This is conditional on the Customer's acceptance of the General Terms and Conditions or the credit agreement proposed by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the General Terms and Conditions which bind the Customer and the Seller shall result in the termination of the General Terms and Conditions or the credit agreement between Alma and the Customer.
Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
- Amount of purchases : only purchases of a minimum amount of €100 and a maximum amount of €2000 are eligible for payment with Alma
- Fees: by paying in installments with Alma, the Customer does not pay fees.
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code. - Termination: Any termination of the T&Cs binding the Seller and the customer, results in the termination of the T&Cs between Alma and the customer.
For any information concerning Paypal, the customer can consult the following website: https://www.paypal.com .
For any information concerning Shopify, the Customer can consult the following website: https://www.shopify.com/fr/paiements
The Customer expressly acknowledges that validation of the Order commits him to pay the price of the Products.
The data recorded and stored by Debongout SAS constitutes proof of the Order and all past sales, unless the Customer disputes it. Unless the Customer disputes it, the data recorded by Paypal, Shopify or Alma constitutes proof of any financial transaction between the Customer and Debongout SAS.
VIII. DELIVERY
Deliveries are made to the destinations offered on the Site and operated by the service providers available depending on the options offered at the time the Order is placed.
The terms and conditions of delivery are indicated on the Site and vary depending on the one chosen by the Customer.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order.
The risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
By way of exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the Customer decides to use a carrier not offered on the Site.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company)
In the event that Delivery cannot be made due to an incorrect delivery address or if the Customer does not collect the Products within the time period specified by the carrier, Debongout SAS reserves the right to charge reshipping costs.
The countries where delivery is accepted and the delivery times are indicated on the Site at the time of placing the Order, depending on the Customer's choice.
In order for the displayed deadlines to be respected, the Customer must ensure that they have provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of the Delivery deadline being exceeded, the Customer may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Time limit and procedures for exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal with Debongout SAS, without having to provide reasons for his decision.
The right of withdrawal can be exercised either by logging into your customer account in the "order" section, or by using and sending the model withdrawal form appearing in the appendix to the General Conditions of Sale, by post, to the following address: Debongout – Returns Service – 4 rue Martel, bâtiment C gauche, 75010 Paris, France, or by email to contact@debongout-paris.com .
9.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The return of Products is handled by Debongout SAS when the initial Delivery took place in mainland France and the total weight of the package containing the Products that the Customer wishes to return weighs less than 7kg.
In all other cases, return costs are the responsibility of the Customer.
The Customer returns the Order according to the instructions provided by Debongout SAS, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
The Product must be returned in its original packaging, in its original condition, new, unused, undamaged.
To make a return, the Customer must follow the procedure indicated on the return slip received with their Order and recalled in the FAQ on the Site, “Returns & Refunds” section.
9.3. Reimbursement of Products returned under the right of withdrawal
The reimbursement of the Order by Debongout SAS will be made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, Debongout SAS may defer the refund until it has received the Product or the Customer has provided proof of shipment of the Product (photo of the package before closing + proof of deposit of the package stamped by the Post Office or the carrier with the package number), the date retained being that of the first of these facts.
Debongout SAS will reimburse the Customer for the payment received, including delivery costs (except for additional costs if the Customer had chosen a delivery method other than the standard delivery method). However, if the Customer returns only part of the Order, in this case the reimbursement of the initial flat-rate shipping costs is not due.
Debongout SAS will make the reimbursement using the same means of payment as that which was used for the payment of the Order, unless the Customer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur any costs for the consumer.
The refund of an order paid with an e-gift card, a gift card or a credit will be automatically refunded in credit.
If the Customer fails to comply with the conditions of this article, Debongout SAS will not be able to reimburse the Products concerned.
In any event, the Customer is informed that his liability may be incurred in the event of depreciation of a Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.
X. RESPONSIBILITY
Debongout SAS cannot be held liable for the non-performance or poor performance of the General Terms and Conditions in the event of force majeure, the occurrence of an event attributable to the Customer or any inconvenience, unforeseeable and insurmountable damage inherent to a third party and in particular to the use of the Internet network.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, except for the guarantees provided by law.
XI. WARRANTIES
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Legal guarantee of conformity
Debongout SAS is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if they meet the conditions of Articles L217-4 and L217-5 of the Consumer Code.
Thus the Client:
- benefits from a period of two (2) years from delivery of the Product to take action in the event of non-conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the Product, except for used Products for which the period is six (6) months following delivery of the Product
- may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-12 of the Consumer Code;
However, the guarantee of conformity is excluded when the Customer was aware of the defect or could not be unaware of it at the time of contracting.Similarly, the legal guarantee of conformity does not apply if Debongout SAS provides proof that the lack of conformity did not exist when the Product was delivered.
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Legal guarantee against hidden defects
In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code.
The warranty against hidden defects allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
Thus, within two years from the discovery of the defect, the Customer has the choice between two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid, in accordance with article 1644 of the Civil Code.
XII. FORCE MAJEURE
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, Debongout SAS shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Debongout SAS or the Customer without compensation from either party.
XIII. PERSONAL DATA
The Client's personal data is processed in accordance with the regulations on the protection of personal data as described in the Privacy Policy .
XIV. PARTIAL DISABILITY
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.
XV. NON-WAIVER
No tolerance, inaction or inertia on the part of Debongout SAS may be interpreted as a waiver of its rights under the T&Cs.
XVI. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
These T&Cs are subject to French law.
In the event of a complaint not resolved amicably by Customer Service, and in accordance with article L612-1 of the Consumer Code, the Consumer Customer may use the mediation service free of charge within a period of less than one year from their written complaint to DEBONGOUT SAS.
For this purpose, DEBONGOUT SAS is a member of the SAS Mediation - Consumer Solution service. Thus, to contact the mediator, the Consumer Client must make his request by one of the following means:
- By post to: SAS Médiation Solution, 222 chemin de la Bergerie, 01800 Saint Jean de Niost - By email to: contact@sasmediationsolution-conso.fr
- By completing the online form entitled “Contact the mediator” on the website https://sasmediationsolution-conso.fr
Whatever the means of referral used, the request must imperatively contain:
- The applicant's postal, telephone and electronic contact details,
- The name and address and registration number (50230/VM/2208) at Sas Médiation Solution, of the professional concerned,
- A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,
- Copy of the prior complaint,
- all documents enabling the processing of the request (purchase order, invoice, proof of payment, etc.)
The Customer may also contact the dispute resolution platform set up online by the European Commission at the following address: http://ec.europa.eu/consumers/odr /.
In the absence of an amicable resolution, any dispute relating to the interpretation or execution of the T&Cs shall be submitted to the legally competent courts.
XVII. CONTACT
For any information, you can contact Customer Service at hello@debongout-paris.com .
ANNEX 1: MODEL WITHDRAWAL FORM
(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of Debongout SAS – 4 rue Martel, building C left, 75010 Paris, France
Email: contact@debongout-paris.com
I hereby notify you of my withdrawal from the contract for the sale of the item(s) below:
Ordered on ……………..(order date) and/or received on ……………..(delivery date)
Name of Consumer Client:
Consumer Customer Address:
Signature of the Consumer Client (only if this form is notified on paper)
Date :
LEGAL INFORMATION
I. PUBLISHER
Debongout SAS, a simplified joint stock company, with capital of €1,343, registered in the Bobigny Trade and Companies Register under number 843 975 061, whose registered office is located at 7 Place de l'Hôtel de ville 93600 Aulnay-sous-Bois, France.
The publication director is Claire Leblond-Faure, legal representative of Debongout SAS.
Contact: contact@debongout-paris.com
II. HOST
SHOPIFY Inc
Address: 151 O'Connor Street, Ottawa, Ontario K2P 2L8
Tel.: 1-613-241-2828
