General conditions of sale and use
Last modification: August 2022
www.debongout-paris.com (the "Site") is published by the Société Debongout, a simplified joint-stock company with capital of €1343, 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, including intra-community VAT number FR58843975061 (hereinafter “Debongout SAS”).
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general 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 T&Cs prior to any order (the "Order"), the T&Cs being available on the Site. Debongout SAS reserves the right to adapt or modify these T&Cs at any time. However, the version of the T&Cs applicable to any sale being the one appearing online on the Site at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I accept the general conditions of sale".
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 case of force. major (as defined below). Debongout SAS cannot be held responsible for any damage, whatever its nature, resulting from the 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 from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. Debongout SAS cannot be held responsible for problems with data transmission, connection or unavailability of the network that are not its fault.
Debongout SAS reserves the right to make the Site evolve, 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 the 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 contract.
The Customer may at any time delete his account by contacting Debongout SAS at the email address: firstname.lastname@example.org
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. In the event that a sale is made on a Product indicated as available by mistake, Debongout SAS will offer the refund of your Order.
The Products available on the Site fall into 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.
Order taking on the Site is subject to compliance with the procedure set up by Debongout SAS on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices, taxes and related costs. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, of the Products purchased, of their price as well as tax and associated costs.
A confirmation email summarizing the Order (Product(s), price, quantity, etc.) will be sent to the Customer by Debongout SAS. To this end, the Customer formally accepts the use of e-mail for confirmation by Debongout SAS of the content of his Order. Invoices are available in the "my account" section of the Site.
VI. LIMITED PRODUCT AVAILABILITY
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 latter.
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. PRICES AND TERMS OF PAYMENT
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 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.
The payment of purchases is made either via Paypal, or via the secure platform of our payment provider Shopify, or via our payment provider in several instalments Alma.
The Seller offers its Customers the Alma credit service for the settlement of their purchases and the execution of payment. This is conditional on the Customer's acceptance of the T&Cs or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the T&Cs that bind the Customer and the Seller entails the termination of the T&Cs or the credit agreement between Alma and the Customer.
Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.
- Amount of purchases : only purchases of a minimum amount of 100€ are eligible for payment with Alma
- Costs : By paying in installments with Alma, the Customer does not pay any 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 and following of the Civil Code.
- Termination: Any termination of the T&Cs that bind the Seller and the customer entails 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 may consult the following website: https://www.shopify.com/fr/payments
The Customer expressly acknowledges that the validation of the Order commits him to pay the price of the Products.
The data recorded and kept by Debongout SAS constitutes proof of the Order and of all past sales, unless disputed by the Customer. Unless disputed by the Customer, the data recorded by Paypal, Shopify or Alma constitutes proof of any financial transaction between the Customer and Debongout SAS.
Deliveries are made to the destinations offered on the Site and operated by the service providers available according to the options offered at the time of placing the Order.
The terms and conditions of delivery are indicated on the Site and vary according to the one chosen by the Customer.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.
The risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over 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 person (delivery to his company )
If it is impossible to carry out the Delivery, due to an incorrect delivery address or if the Customer does not collect the Products within the period provided 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 deadlines displayed to be respected, the Customer must ensure that he has communicated exact 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.).
If the Delivery time is exceeded, the Customer may request the 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. Deadline 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 from Debongout SAS , without having to justify its decision.
The exercise of the right of withdrawal can be done 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 Terms and Conditions of Sale, by post, to the following address: Debongout – Service returns – 4 rue Martel, left building C, 75010 Paris, France, or by email at email@example.com .
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The return of the Products is supported by Debongout SAS when the initial Delivery took place in metropolitan 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 its decision to withdraw in accordance with Article L. 221-21 of the Code of Consumption.
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 form received with his Order and recalled in the FAQ present on the Site, section “Returns & Refunds”.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by Debongout SAS is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, Debongout SAS may defer reimbursement until it has received the Product or until 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 number packages), the date chosen being that of the first of these events.
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 makes the refund using the same means of payment as the one that will have been used for the payment of the Order, except with the express agreement of the Customer for it to use another means of payment and insofar as the refund does not cause no cost to the consumer.
Reimbursement of an order paid for with an e-gift card, a gift card or a credit note will be automatically refunded as a credit note.
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 he may be held liable in the event of depreciation of a Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
Debongout SAS cannot be held liable for the non-performance or poor performance of the GCS 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, explicit or implicit, with the exception of the guarantees provided for by law.
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 Customer:
- benefits from a period of two (2) years from the delivery of the Product to act in default of conformity of the Product,
- is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the Product, except for second-hand Products for which the period is six (6) months following the delivery of the product
- can choose between repairing or replacing 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 ignore 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.
Legal warranty against hidden defects
In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and 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 reimbursement of the price paid, in accordance with the article 1644 of the Civil Code.
XII. FORCE MAJOR
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, Debongout SAS shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. All of the parties' obligations are suspended for the 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 Client without compensation on either side.
XIII. PERSONAL DATA
XIV. PARTIAL DISABILITY
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
XV. NO WAIVER
No tolerance, inaction or inertia on the part of Debongout SAS may be interpreted as a waiver of its rights under the terms of the GCS.
XIV. MEDIATION - APPLICABLE LAW - 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 the date of his written complaint. with DEBONGOUT SAS.
To this end, DEBONGOUT SAS is a member of the SAS Mediation - Solution Consumption service. Thus, to seize the mediator, the Consumer Client must formulate 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: firstname.lastname@example.org
- By completing the online form entitled “Seize the mediator” on the site https://sasmediationsolution-conso.fr
Regardless of 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 allowing the instruction of the request (purchase order, invoice, proof of payment, etc.)
The Customer may also contact the dispute resolution platform put 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 GCS is submitted to the legally competent courts.
For any information, you can contact Customer Service at email@example.com or by telephone on + 00 33 (0)9 74 59 15 00 (free call from France).
APPENDIX 1: MODEL WITHDRAWAL FORM
(Complete and return this form as well as 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
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:
Ordered on …………….. (order date) and/or received on …………….. (delivery date)
Name of Consumer Client:
Address of the Consumer Client:
Signature of the Consumer Client (only in the event of notification of this form on paper)
Debongout SAS, a simplified joint-stock company, with capital of €1,343, registered with 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 director of publication is Claire Leblond-Faure, legal representative of Debongout SAS.
Address: 151 O'Connor Street, Ottawa, Ontario K2P 2L8
Such. : 1-613-241-2828