Terms of sales
Terms and conditions of sale.
Offers from the online shop are made by DAVAÏ .
SARL DAVAÏ
3 rue de la Villette
75019 Paris
France
Telephone +33 (0)6 23 23 65 29
E mail: contact.davai@gmail.com
VAT Number FR 65818 195 729
No SIRET 81819572900012
Description of the characteristics of the proposed products:
Mention of the total price of the proposed products in Euros, inclusive of tax for countries in the EU, and exclusive of tax for the other countries. These prices do not include the shipping costs.
Information regarding the arrangements for payment, delivery or performance.
Existence of a right of withdrawal.
The period for which the offer and the price remain valid.
1 – PURPOSE
The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this online shop DAVAÏ.
2 – AREA OF THE OFFER
The geographial area covered by the offer made by the online shop DAVAÏ is the following:
France
Europe
Outside Europe
3 – CONTRACTUAL DOCUMENTS
The Agreement is made up of the following documents, in decreasing hierarchical legal value:
These General Terms of Sale
The order form
The photographs of the products on the Site are not contractual. DAVAÏ shall not be liable in case of errors or alterations resulting from the processing of these photographs.
4 – ORDER TAKING
Any order form signed by the customer by an “approval click’ shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 16 “Right of Withdrawal” and Section 11 “Fulfillment of the order”.
5 – CONFIRMATION OF THE ORDER
The contract shall only be effective upon t DAVAÏ ‘s confirmation of the order. The customer will receive an acknowledgement of receipt by email to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs..)
DAVAÏ reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of products procurement or any problem concerning the received order.
6 – TERM OF THE OFFER
The offers proposed on the Site shall be valid as long as the products related thereto are on line and while stocks last.
7 – PRICE – INVOICE
Prices are indicated in Euros.
The purchaser is guranteed the price posted on the Site at the time of purchase.
The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order.
For a delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for a delivery inside the EU. Any variation of the VAT applicable rate may affect the sale price of the products of the catalogue.
In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely reponsible for checking whether the products ordered can be imported under domestic law in the country of delivery.
The invoice will be issued by DAVAÏ. The customer shall indicate the address where the invoice is to be sent.
The price is payable upon placement of the order. The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the online shop and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent. The customer shall pay for his order – by credit card as proposed on the online shop. When approving the order form, the customer guarantees DAVAÏ that he has all authority needed to use such a method of payment by credit card – or by cheque payable to DAVAÏ. Failing receipt of the cheque ten (10) days from the confirmation of the order by the Collection or in case of rejection by the bank, the Collection is entitled to cancel the order.
8 – PAYMENT
The price is payable upon placement of the order.
The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the online shop and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order.
– By credit card as proposed on the Site.
When approving the order form, the customer gurantees DAVAÏ that he has all authority needed to use such a method of payment by credit card.
– The purchases shall be settled via PayPal
The data recorded by PayPal constitutes proof of the financial transactions.
9 – NON PAYMENT – RETENTION OF TITLE
Title to the ordered products shall pass to DAVAÏ upon full and definitive payment pursuant to the Act dated May 12, 1980. The Collection reserves its right to claim the return of the ordered products in case of non payment.
Under those circumstances, and upon DAVAÏ’s request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.
10 – TRANSFER OF RISKS
Risks of loss shall pass to the customer upon delivery of the product to the carrier by DAVAÏ. Products transportation are at the customer’s own risk, even if they are shipped or returned carriage free.
During the withdrawl period mentiond hereunder in Section 16, the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer’s custody, this latter will bear all the consequences therof.
11 – FULFILLMENT OF THE ORDER
The order will be fulfilled within the period indicated on the online shop and confirmed by DAVAÏ at the time of the confirmation of the order. In any case, the order wll be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.
If the product is not available or is out of stock, DAVAÏ undertakes to inform the customer as soon as possible and to indicate a replenishment time.
The customer may, as an option, wait for the availability of the product or obtain a refund and shall information DAVAÏ by e-mail.
12 – DELIVERY
The area of delivery corresponds to the geographical area covered by the offer.
Products are delivered to the address indicated by the customer in the order form.
Delivery shall be deemed to have been made when the products are delivered to the carrier.
The delivery note given by the carrier, dated and signed by the customer upon delivery wil constitute an evidence with regard to transport and delivery.
The customer shall check the content, the conformity and the condition of the products on delivery therof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. DAVAÏ shall never be held liable for any reason whatsoever.
Therefore, DAVAÏ advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel
If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations.These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three working days following delivery date of the products. A copy shall be sent to DAVAÏ.
13 – FORCE MAJEURE
It is expressly understood that the following are considered as cases of force majeure, in addition to those which are usually retained by French case law.
Total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occur, the fulfillment of the order will in the first case be suspended.
If after a three (3) month period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both.
14 – COLLECTION OF THE GOODS IN THE EVENT OF THE CUSTOMER’S ABSENCE
In the event of the customer’s absence at the time of delivery, the carrier will leave a delivery note at the delivery address given by the customer. The producsts shall be collected at the address indicated by the carrier and according to the carriers instructions.
If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to DAVAÏ which reserves its rights to refund the customer the price of the products, the postage costs remaining payable by the customer.
15 – CLAIMS
Claims related to the non – conformity of the delivered products with the order shall be made in writing directly to the Collection and immediately upon receipt of said products. The customer must keep the packaging and the delivery note.
In case of an error, the customer undertakes to return said product within seven (7) days from the receipt provided that the product is returned to the Collection, without opening the packaging, in the original condition and packaging together with all the associated documents.
Once DAVAÏ has received the product in due form, it will, at its expense, send the product initially ordered by the customer.
16 – RETURN POLICY
Under the Consumer Protection (Distance Selling Regulations 2000), you have the legal right to return yur order within seven (7) working days of receipt of the goods.
In order to process a return we will need you to contact our customer service by phone or email, quoting your order number. Any goods returned must be returned in its original packaging, in the condition in which you received them, shall neither have been used, nor have suffered any damage.
The goods should be returned to the following address:
DAVAÏ
3 rue de la Villette
75019 Paris
Please dispatch all goods by traceable post, including the reason for exchange or refund. DAVAÏ cannot be held responsible for any returned goods that are lost in transit.
You will be refunded within thirty (30) days from receipt of order. Refunds are generally made by bank transfer so we may need your bank details.
Return of damaged/faulty products
We remind you that if you receive a product damaged in transit and if you recorded this damage on the delivery sheet – all return charges will be at DAVAÏ ‘s expense. If you receive a faulty product, return charges will be borne by DAVAÏ as well.
In both cases:
If the product can be returned by Colissimo to the address above, DAVAÏ will refund you the return charges on presentation of a receipt (the customer will have to return the parcel by Colissimo as recorded)
17 – WARRANTY
In order to avoid any trouble, products are verified by DAVAÏ before their shipment. However the customer shall be entitled, for all defective products, to a three (3) month contractual warranty starting from the delivery date subject to the compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products.
In any case the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641) shall be enforceable.
DAVAÏ undertakes to return an identical product at its own expense except in cases of no stock or a withdrawal of the product concerned from the product range proposed by DAVAÏ. In this latter case, DAVAÏ will refund the customer.
18 – PERSONAL INFORMATION
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
We do not pass on your details to any third party unless you give us permission to do so.
The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices and to draft warranty agreements, as the case may be. This information may be provided to the suppliers of DAVAÏ.
The customer may object to such disclosure pursuant to the Act dated January 6 1978, and exercise its right of access, correction and deletion of the information related to him in writing or by telephone to: DAVAÏ, 3 rue de la Villette, 75019 Paris, telephone +33 (0)6 23 23 65 29
19 – ELECTRONIC SIGNATURE
The ‘approval click’ constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
20 – EVIDENCE
Computer-based registers, recorded in the computer system of DAVAÏ in reasonable conditions of security, shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties. Order froms and invoices are stored on a reliable and permanent medium so as to constitute a means of evidence.
21 – INTELLECTUAL PROPERTY
DAVAÏ owns the intellectual property right upon the online shop and the right to display the elements of the catalogue , in particular the photographs for which it has obtained the necessary authorisations from the concerned persons.
Consequently total or partial reporduction of the elements contained in the Site or the cataloge on any medium whatsoever, the use of such elements and the fact to make them available to third partied are strictly prohibited.
22 – ENTIRE AGREEMENT
These General Terms of Sale represent all obligations of the parties. No other general or special terms and conditions communicated by the customer shall neither be included in, nor depart from the General Terms.
23 – NON RENUNCIATION
Any one or more failure by DAVAÏ to enforce any provision of the Agreement or to exercise any right shall in no way constitute a waiver of such rights or remedy on any future occasion.
24 – SEVERABILITY
Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
25 – LITIGATION
The Agreement is governed by the French Law , for both the substantive and procedural rules.
The parties agree that, in the event of a dispute arising under or in connection with this agreement following or in application of this agreement, and if no amicable settlements were reached, the competent jurisdiction will be the courts of the registered office of davaï, notwithstanding the case of plurality of defendants, or emergency procedure.
