Terms and Conditions
update the 12th november 2018
The purpose of these conditions of sale is to define, on the one hand, the conditions of use of the website http://www.enviedefraise.com ("the Site"), an e-commerce site, applicable to any visit to the site and, on the other hand, the contractual framework for the distance selling of goods (hereinafter also referred to as "products") to the consumer who buys products from our company and/or asks to benefit from an offer or advantage offered on the Site by DIGITAL FASHION GROUP.
- OUR CUSTOMER SERVICE
For any information or question, our customer service is at your disposal:
By email : firstname.lastname@example.org
By telephone: 01 42 21 46 19 Monday to Friday from 9 am to 6 pm (cost of a non-premium local call from a landline, variable depending on the operator)
DIGITAL FASHION GROUP
101 rue Réaumur
We will reply as soon as possible.
- CONDITIONS OF USE OF THE SITE
Acceptance of the conditions of use
Visiting the Site implies acceptance of these conditions of use by the Internet user.
Respect of our intellectual property rights
The trademarks and other intellectual property rights relating to the content of the Site and to any ENVIE DE FRAISE distinctive sign are the property of DIGITAL FASHION GROUP and/or, in the case of partner brands, the entities concerned.
In particular, the ENVIE DE FRAISE registered and semi-figurative trademarks are registered trademarks of DIGITAL FASHION GROUP and are protected by trademark law.
The intellectual property rights on trademarks, logos, product or collection names, graphics, designs, product creation, and all elements of the Site, whether visual or audio, including the underlying technology, tree structure and their compilation, as well as each of the created elements appearing in the Site or created for this Site, are the exclusive property of DIGITAL FASHION GROUP or, in some cases, of its suppliers. DIGITAL FASHION GROUP or its suppliers grant no licence or right other than that to consult the Site.
The reproduction of any document published on the Site is only authorised exclusively for informational purposes for personal and private use. Any complete or partial reproduction or use of copies made for other purposes is expressly prohibited without the prior written authorisation of DIGITAL FASHION GROUP.
Consequently, any reproduction and/or use and/or representation without the prior written consent of DIGITAL FASHION GROUP or the entity concerned will constitute an infringement and will be prosecuted and sanctioned in accordance with trademark law and the protection of copyright.
Respect for the rights of third parties
Any visitor of the Site or official ENVIE DE FRAISE pages on social networks, must adopt a behaviour respectful of the rights of third parties and DIGITAL FASHION GROUP.
Free text field
In particular, Internet users are prohibited from writing any message that is offensive, racist, discriminatory, offends public decency or conveys violence in any way, or that damages the reputation or image of a person, in the free text fields of the Site and/or on the official DIGITAL FASHION GROUP pages of social networks, including Facebook, YouTube, Instagram, Pinterest, Twitter, failing which their liability may be incurred.
Creation of hyperlinks
Any creation of a simple hyperlink to the home page of the Site or to any other page of the Site is subject to the prior written consent of DIGITAL FASHION GROUP, failing which the liability of the Internet user who creates a link to the Site may be incurred.
However, any hyperlink to the Site which uses the "framing" or "inline linking" technique is strictly prohibited.
In any event, any link, even tacitly authorised, must be removed at the simple request of DIGITAL FASHION GROUP.
DIGITAL FASHION GROUP disclaims all liability in the event that the content of the sites, other than the Site, to which hyperlinks may lead, violates the laws and regulations in force.
Internet security and responsibility
As a user of the Internet, the visitor of the Site and/or the Buyer declares to be aware of the risks and hazards of the Internet, and in particular its functional characteristics and technical performances, the risks of interruption, the response time to consult, interrogate or transfer information, the risks, in particular of transferring data, notwithstanding the security measures that DIGITAL FASHION GROUP is committed to taking.
The Site www.enviedefraise.com is a secure site. A secure site is recognised by the mention "htpps" preceding the address of the site and confirms that it is an official site. The "s" added to the usual http means "secure" (Hyper Text Transfer Protocol Secure). The symbol of a key or closed padlock also appears in the address bar of the e-commerce site. DIGITAL FASHION GROUP advises visitors and/or customers of the Site to take the precaution of checking that the address of the site to which they connect includes these mentions, to be sure that they are on the official Site www.enviedefraise.com.
It is the responsibility of any Internet user to take steps to protect their data and/or software stored on their computer equipment from harm by performing all useful or necessary printouts, backups and virus scans.
In particular, because of the communication technique on the Internet, DIGITAL FASHION GROUP must decline any responsibility in the case of:
- any damage resulting from a fraudulent intrusion by a third party which cannot be attributed to DIGITAL FASHION GROUP, which may result in a modification of the information made available on the Site;
- more generally for all damage, direct or indirect, material or non-material, such as operating losses, loss of profits, loss of enjoyment, whatever the causes, origins, nature or consequences, caused by access by an unauthorised person to the Site or the impossibility to access it as a result of interruption, suspension or malfunction, and more generally the connection and/or use of the Site.
DIGITAL FASHION GROUP declines all responsibility for the consequences of a malicious act caused by a third party who has been able to modify the content of the Site, although DIGITAL FASHION GROUP has taken the appropriate precautions, with regard to the technology and the evolution of techniques.
Information on the protection of personal data
In accordance with European regulations (GDPR) and French law, you have the rights of access, rectification, deletion, erasure, rights to portability and to oppose the processing or transmission to partners of your personal data, which you can exercise by sending a letter to the following address: DIGITAL FASHION GROUP Customer Service 101 rue Réaumur 75002 Paris, indicating your details (surname, first name, address) and, if possible, your order number.
DIGITAL FASHION GROUP has appointed a Data Protection Officer (DPO) who can be contacted by email at the address email@example.com
You have the right to lodge a claim with the French Data Protection Authority (CNIL).
Finally, DIGITAL FASHION GROUP may be required to communicate personal information to its business partners.
You may therefore receive commercial offers from third-party advertisers. In this respect, unless you oppose, which you can indicate on the collection form and then at any time, your postal address may be communicated to the commercial partners of DIGITAL FASHION GROUP.
The email address you provide will only be communicated to our partners if you have given your consent. In any case, you always have the option of withdrawing your consent or to oppose the communication or processing of your data.
Other personal information may be collected and processed.
DIGITAL FASHION GROUP is required to process personal data concerning you, necessary for the performance of the contract of sale or to handle your requests and rights or to meet a legal obligation, as well as data which is useful in the legitimate interest which is to best serve you, to ensure the commercial success of commercial offers and to diversify them, by sending you targeted and customised benefits and advertisements.
Some of your data may only be collected and processed with your express consent.
Visitors to the Site and Buyers are invited to read our Privacy and cookies policy regarding data protection.
Some web pages of the Site may contain electronic images or "web beacons", which allow in particular to count the number of visitors to the page. These web beacons can be used with some of our partners, especially to measure and improve the effectiveness of certain advertisements. In any case, the information obtained via these beacons is strictly anonymous and simply allows to collect statistics on the use of certain pages of the Site, in order to better serve the customers of our Site.
The fact that DIGITAL FASHION GROUP does not require the application at any given time of any provision of these General Terms and Conditions of Sale and Use cannot be interpreted as a waiver by DIGITAL FASHION GROUP to require its application at a later date.
- GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions of Sale and Use are drafted in French. In case of discrepancies between the text in French and the translation into another language, the text in French will prevail over the translation into any other language.
Sale on the Site to consumer
The general terms conditions of sale are concluded between DIGITAL FASHION GROUP, a simplified joint-stock company (SAS) with a capital of 154,705 Euros, a company incorporated under French law and registered with the Paris Registry of Trade and Companies under number 449 327 667, identified under SIRET No. 449 327 667 00043 and whose registered office is at 101 rue Réaumur 75002 Paris, hereinafter referred to as "DIGITAL FASHION GROUP" or "ENVIE DE FRAISE" and, on the other hand, any natural person not acting as a trader, but as a consumer, wishing to make a purchase via the Site, for non-professional use, hereinafter referred to as "the Buyer", to govern the contractual relationship.
Orders from professionals or similar persons, in particular when the order exceeds the normal needs of a consumer or falls within the framework of an abnormal flow of orders with the same billing or delivery address, are accordingly excluded and cannot be processed.
Some offers may be carried by affiliate platforms or by business partners of our company, who do not sell the products, but redirect the Buyer to the Site where he can take advantage of the offers with no intermediary.
It is forbidden to buy the items offered on the Site or to ask for gifts of benefits that accompany our offers in order to resell them as new, in particular on websites and/or in stores external to DIGITAL FASHION GROUP and/or at markets.
Any violation of this prohibition may constitute an infringement of the rights of DIGITAL FASHION GROUP, in particular by the infringement of its trademarks, including ENVIE DE FRAISE and the brand image of the company, as well as its copyrights on the goods, names of collections and creations and may incur the liability of the perpetrator.
These general terms and conditions of sale are available to any consumer and can be consulted or printed prior to any order placed with DIGITAL FASHION GROUP and at any time.
Any order from consumers is governed by the conditions in force on the date the order is placed.
Acceptance of the conditions
Prior to placing the order, the Buyer acknowledges having read these general terms and conditions of sale.
The fact of placing an order on the Site implies the full agreement of the consumer who declares to accept them in full and without reservation, to govern the contractual relations between DIGITAL FASHION GROUP and its Buyer customer.
By mutual agreement of both parties, they will prevail over all other conditions contained in any other document, unless previously waived, expressly and in writing.
Ability to contract and orders from minors
Non-emancipated minors cannot order without the consent of one of their parents or their legal representative.
Personal data concerning a minor: in accordance with the European regulations, DIGITAL FASHION GROUP cannot process and record the personal information of a minor under the age of 16 (15 in France). The processing is only lawful if the consent is given jointly by the minor concerned and the holder(s) of parental authority over the minor.
As a result, DIGITAL FASHION GROUP does not accept orders placed by minors under the age of 16.
If, despite all the care and precautions taken, DIGITAL FASHION GROUP records the data of minors, by error or due to deception by the minor who has not given his correct age, the minor's data will be deleted, upon receipt of the request and/or information.
Any order implies acceptance of the prices and descriptions of the products offered for sale.
Automatic recording systems are considered as proof of the nature, content and date of the order.
DIGITAL FASHION GROUP confirms acceptance of the Buyer's order by email sent to the address he has communicated. The sale will only be concluded following confirmation of the order and validation of the payment by the bank concerned.
The information provided by the Buyer when he places an order is binding: in the event of an error in the recipient's contact information, DIGITAL FASHION GROUP cannot be held responsible for any impossibility to deliver the product.
DIGITAL FASHION GROUP reserves the right to cancel any order from a Buyer with whom there is any dispute relating to the payment of a previous order.
The availability of products indicated on the Site refers to the actual availability at the time the Buyer places the order. However, this availability must be regarded as indicative, because of the potential presence on the Site of several users simultaneously making a purchase, leading to the products in stock also being sold to other customers who are also Buyers between the time the order is placed and the confirmation of the order.
When one or more products ordered are not available for reasons beyond the control of Envie de Fraise, the order will be automatically adjusted by the withdrawal of the unavailable product(s). The customer will be informed by email and will be refunded.
Promotional offers may be proposed for the specified duration of the offer and within the limit of available stocks.
Regarding offers on a category or selection of products, only products and colours in this category or selection can benefit from the promotion.
The Buyer is in no case authorised, at his own initiative, to modify, alter or introduce a product price which does not comply with the one offered to him by DIGITAL FASHION GROUP for a purchase on the Site.
You can consult current offers, on the home page of the Site, by clicking on "Conditions of current offers".
Any order placed by a consumer with DIGITAL FASHION GROUP implies acceptance of the sale prices of the items displayed on the Site when you place your order. The prices applicable to the order of products are those in force on the date the order is placed on the Site.
The sale price is the price of the General Price Schedule ("General Price Schedule") in force or, if the product you have chosen is on promotion, the promotional price for the duration of this offer.
The price is expressed in Pounds, and is displayed on the Product Sheet, including all taxes, including VAT on the basis of the applicable rate for a sale to Metropolitan France. For a delivery outside the European Union, the prices, excluding tax, are displayed when the order is validated. The price may be changed at the time of validation of the order, to take into account the tax rate of the country of destination, at the expense of the Buyer.
The price indicated on the product sheets does not include transport. Delivery charges are indicated in your shopping bag, and are then added to the total to be paid before your order is validated, after having chosen one of the proposed delivery methods.
The price indicated in the order confirmation is the final price, all taxes included. The final price includes the price of the products, handling charges, packaging and storage of products and transportation costs.
Any change in the applicable VAT rate may be reflected in the prices of the products.
Similarly, if one or more taxes or contributions, in particular environmental, were to be created or modified, upwards or downwards, this change may be reflected in the sale price of the items on the Site and sales documents.
However, prices cannot be changed once the Buyer's order is validated.
The prices of articles ordered on the Site according to catalogue references from which they come and the date indicated on the catalogue in question are authentic.
Price reduction announcements
Benefits and price reductions are calculated on the basis of the General Annual Price Schedule constituting the reference price.
Description of the order journey on the Site
The order journey refers to the actions you take from the selection of your products until the final validation of your order, for your order to be registered.
It takes place in several steps:
My shopping bag / My address (account details) / My delivery method / Pay
The registration results in confirmation of the order.
Step 1: selection of products ("My shopping bag")
You select the items that interest you to order them; you can consult your shopping bag at any time by clicking on "my shopping bag" at the top of the page and access the terms and cost of the processing and delivery charges.
When selecting, you are invited to consult the descriptions of the items on the product sheet.
Step 2: Validation of your order
At the stage of the validation of your shopping bag, the total of the order displays the amount which you have to pay, if you do not add other products.
Before the final validation of your order, you can modify or add other products or terminate your order.
In accordance with the law, you are reminded that the validation of your order requires you to pay for your purchases. When you confirm your order, you agree to pay according to the method you choose in the following steps to complete the ordering process.
Step 3: Identification or opening an account
This step leads you to create a personal account, or identify yourself if you already have one.
The creation of an account is required to place an order on the Site.
The creation of an account saves you from entering your personal data necessary to process your order each time you visit the Site.
It is important to specify your telephone number, your address and your email address in case our customer service needs to contact you.
Step 4: Your choice of delivery and payment
You select the delivery method among those offered depending on the place of delivery and payment method.
The amount of your participation in the cost of processing and shipping or delivery of your order is added to the total of your order, or is free depending on the total of your order (in this case, the costs are displayed as "0").
You are asked to validate your order: "I VALIDATE MY ORDER"
Step 5: Payment of your order
You are then asked to proceed with the payment of your order ("PAY Secure Payment", depending on the choice you make.
If you opt for a payment by card after validating your order, you will be directed to the secure payment page of the e-commerce provider that DIGITAL FASHION GROUP has chosen for the security of your payments on the Internet.
At the payment stage, you are asked before validating your order if you have read the general terms and conditions of sale and if you accept them.
Your order is then registered.
Confirmation of your order
The accepted order gives rise to the confirmation of the order sent by email after your order is registered.
Upon registration of your order on the Site, a detailed acknowledgement of receipt which constitutes confirmation of the order will be automatically sent to your email address. This order confirmation will specify the amount invoiced and the terms of delivery of your order.
The order acknowledgements that are automatically sent to the customer only constitute acceptance of the order after the ENVIE DE FRAISE customer service has subsequently checked the compliance of the order with the offer.
DIGITAL FASHION GROUP reserves the right to cancel any non-compliant order.
The confirmation of the order is accompanied by communication of the general terms and conditions in force on the date of the order and a withdrawal form.
You can also create your customer space without placing an order.
By accessing your account, you can access the tracking of your orders and billing at any time.
To create an account, your computer must accept the cookies necessary to recognise your account and identifiers which are personal data.
When you create your account and therefore your membership, you are asked to enter an email address and choose a password, which alone with authorise access to your account. Your Account will be protected by the password you have chosen. For greater security, you are prompted to use complex passwords (including both upper and lower case letters and numbers).
A single account will be assigned per email address.
However, you must never communicate it to another person; we cannot be held liable in case of fraudulent use of your password and email address by a third party.
CHANGE YOUR PASSWORD:
After logging in, enter your account and click on "My details". You will then be able to change or recover your password.
If you lose and/or forget your password, you can click on "Forgotten password" and a new reset and encrypted password will be sent to the email address you communicated when you created your account.
CHANGE YOUR DELIVERY OR BILLING DETAILS:
After logging in, enter your account and click on "My details". You will then be able to modify your delivery or billing details.
Confidentiality of personal data
The provision of the personal data collected for the conclusion or execution of the distance contract is mandatory. This information is essential, in particular, for the processing and routing of orders, establishing invoices, the exercise of your guarantees, the management and recovery of unpaid invoices, and the exercise of your rights.
The lack of information leads to the non-validation of the order.
Other personal information may be collected and processed. Visitors to the Site and Buyers are invited to read our Privacy and cookies policy regarding data protection.
DIGITAL FASHION GROUP fulfils and accepts orders placed on the Site, to a large number of countries in the world.
DELIVERY METHOD AND CONTRIBUTION TO PROCESSING AND DELIVERY COSTS
The shipping costs that DIGITAL FASHION GROUP pays to its service provider or to the Post Office are included in the amount of the flat-rate contribution to processing and delivery costs borne by the Buyer, which is added, where applicable, to the price indicated below.
FOR UNITED STATES:
The deadlines are usually as follows:
CARRIER DELIVERY TIME DELIVERY COSTS BORNE BY THE BUYER DHL Express 2/3 business days*
$11.70 (tax incl.)
* Conditions: the deadlines indicated exclude weekends and public holidays, from the date of shipment.
PROCESSING AND SHIPPING:
Average processing and shipping time
- Orders are processed and shipped no later than the next business day.
- For orders placed before 1 pm, the shipment will be made the same day
DELIVERY TO THE OVERSEAS DEPARTMENTS AND TERRITORIES (DOM-TOM)
NB: to recover your package, you will have to pay additional customs clearance charges on receipt, which amount to approximately 18% of the total amount of your order (for clothing).
These costs include VAT, dock dues and regional taxes.
DELIVERY OUTSIDE METROPOLITAN FRANCE AND THE DOM-TOMS
Any order placed on the Site and delivered outside the European Union may be subject to taxes and customs duties that are imposed when the package reaches its destination.
These customs duties and any taxes related to the delivery of an item are borne by the customer and are his responsibility. To find out more, we advise the customer to check with the competent authorities in his country.
MAXIMUM DELIVERY TIME AND DELAYS
Shipping and delivery times may be delayed in case of an exceptional event.
After the announced shipping times, you may cancel your order by letter or in writing on another durable medium, if DIGITAL FASHION GROUP has failed to deliver. The contract will be considered terminated upon receipt of your letter or written notice of this termination, unless you have received the delivery in the meantime and agree to keep the items delivered.
Nevertheless, in accordance with the Law, you have the possibility as a consumer to terminate the contract immediately, when the date or the delivery period has been an essential condition of the contract for you, resulting from the circumstances of the conclusion of the contract or an express request from you prior to the conclusion of the contract. In case of termination, all the amounts paid will be reimbursed to you no later than within fourteen (14) days from the date on which the contract was terminated.
The delivery provider will deliver the order to the address that the Buyer has provided to DIGITAL FASHION GROUP.
In the event that the Customer does not collect the package within the maximum period specified by the carrier that he has selected, the package will be returned to DIGITAL FASHION GROUP. In this case, unless the Buyer has contacted DIGITAL FASHION GROUP for a new shipment at his expense, the order will be cancelled and refunded. In the case of an abnormal delivery time or loss of ordered products, the customer is invited to inform DIGITAL FASHION GROUP which will conduct an investigation with its service providers.
DIGITAL FASHION GROUP advises its Buyers to always check their package on arrival.
It is recalled that DIGITAL FASHION GROUP has a period of 3 days (excluding public holidays) to make any reservations by registered letter with the carrier in case of missing or damaged goods. This implies that the Buyer informs it immediately of any anomaly or missing items he discovers upon receipt of his package.
When DIGITAL FASHION GROUP proceeds with the partial shipment of an order, the missing item(s) will be refunded, unless the Buyer agrees to an extension of the time limit.
Right of withdrawal and return of products
The consumer has a period of fourteen days following receipt of the package (or the last item received in the case of delivery of the order in several packages) to exercise his legal right to withdraw from a distance contract, following solicitation by telephone or off-premises, and a period of fourteen days following notification of the exercise of this right to return the unsuitable items, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
RIGHT OF WITHDRAWAL INCREASED TO 30 DAYS AT ENVIE DE FRAISE
Without prejudice to the legal right of withdrawal, Digital Fashion Group wants to go beyond the legal obligations to allow you to try the purchased Products by giving you a longer period of reflection. We therefore grant a right of withdrawal extended to 30 days from receipt of the order to exercise this right and inform us.
Under this right of withdrawal, you can decide within 30 days to return the unsuitable products to us and therefore even after the expiry of the statutory 14-day withdrawal period, informing us by any means or by printing the return label available in your customer space. After notification of the exercise of the right or after printing the return label, you have 15 days to deposit your package with the carrier of your choice, among those proposed. For U.K. deliveries, returns are free of charge if you use a pre-paid DHL label to make a return, while if you want to use another carrier it will be at your own expense.
However, this right of return is valid only to the extent that you have tried the Product in a reasonable manner (for example to check the size, appearance, style, comfort etc.) and that the item is returned to us complete, intact, with its original packaging and in perfect condition.
If a product is unsuitable, after being returned and checked, it will be reimbursed with no charge or penalty. They are borne by our Customer if he chooses another means of return. An acknowledgement of receipt of your withdrawal notification will be sent to you upon receipt, by email or, otherwise, by letter, which will indicate the procedure to follow.
When the right of withdrawal is exercised, the Buyer is reimbursed for all amounts paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which DIGITAL FASHION GROUP was informed by the Buyer of his decision to withdraw. The refund is made using the same payment method used by the Buyer for the initial transaction, except with the express agreement of the Buyer for the use of another payment method. You can receive a credit note (valid for 12 months or refundable) when you have accepted the proposal, or a transfer.
If you have paid by credit card, your card will be credited directly; if you have used a non-refundable gift card or purchase voucher, you will receive a non-refundable gift card or purchase voucher in the amount and duration equivalent to the one used.
The flat-rate contribution to processing and delivery costs paid by you will be refunded if the entire order is returned at the standard delivery rate; the extra charge you may have paid for a more expensive delivery method (express delivery in particular) may not be refunded.
In the United States: return shipping costs are FREE via a pre-paid DHL label and borne by you if you use any other carrier.
In this case, your package must then be sent with sufficient postage and handed over to the Post Office for return to the company at the address provided below.
The item(s) on which you exercise your right of withdrawal must be returned in its (their) original packaging, when you have unpacked them, intact, accompanied by any accessories, instructions for use and documentation to the following address:
ENVIE DE FRAISE CHEZ BSL
8, RUE RENE PANHARD
ZONE DE LA TOUCHE TIZON
35230 NOYAL CHATILLON SUR SEICHE - FRANCE
In accordance with the law, a discount on the price to be refunded may be applied in case of non-compliant or unreasonable use.
DIGITAL FASHION GROUP checks the returned products. The refund is deferred until justification of the proof of return and/or receipt of the product.
DIGITAL FASHION GROUP reserves the right to refuse a package returned late and to return it to you at your expense.
You lose the benefits and discounts (e.g. price reduction for a minimum order amount) that you may have been granted in exchange for the order of the purchased items subject to your withdrawal.
For reasons of management and speed of processing, please always accompany your package with the return slip.
A standard withdrawal form is at your disposal.
For reasons of health and hygiene, lingerie and swimsuits can only be returned with their original packaging, in new condition, and provided they have not been worn. You do not have the right of withdrawal for lingerie items and swimsuits that have been used.
Gift cards cannot be exchanged, traded or refunded, neither partially.
A choice is offered between several payment methods. You can pay your order by credit card or PayPal.
SECURE PAYMENT BY CREDIT CARD
Payment by credit card is carried out with our secure payment provider. The amount of the transaction will be debited within 48 hours after the payment made. The following cards are accepted:
- Eurocard / Mastercard
The data of the transaction with a bank validation server is encrypted. DIGITAL FASHION GROUP uses only encryption protocols that are known to be safe. The Buyer's data therefore never circulates unencrypted. The Buyer enters his credit card number, the cryptogram and the expiry date of the card he uses, on a secure page of our provider. The payment request is transmitted and routed in real time. The secure payment provider conducts various checks to prevent abuse and fraud.
Your bank details are only used for the purpose of completing the transaction. DIGITAL FASHION GROUP does not have access to your card ID; only the bank has access to it, via the secure payment platform.
The order validated by the Buyer will be considered effective only when the bank payment centre concerned has given its agreement. In case of refusal of acceptance, the order will be automatically cancelled and the Buyer will be notified by email.
In accordance with the law on the electronic signature, the online transmission of your card number for validation of your order is proof of the order and renders the amounts you have undertaken to pay under this order payable.
You can pay for your purchases via the PAYPAL online payment service. All you need to do is create an account with PAYPAL. On PAYPAL, you also have the option to pay without creating an account using a Visa or MasterCard.
Fight against fraud
Payments by credit card can be verified by the 3D Secure protocol
In addition, DIGITAL FASHION GROUP reserves the right to refuse any order from a customer who is not up to date with his payments or with whom there is an unresolved dispute over the payment of a previous order, or for a legitimate reason regarding the abnormal nature of the order or irregular means of payment.
If a problem is detected, DIGITAL FASHION GROUP will be entitled to suspend your order until the problem is resolved.
You can access your invoice at any time and print it by going to "My account" and then "Track my orders".
Retention of title
BY EXPRESS AGREEMENT, DIGITAL FASHION GROUP SHALL IN ANY EVENT RETAIN OWNERSHIP OF THE ITEMS DELIVERED UNTIL FULL PAYMENT OF THE ORDER BY THE BUYER.
Our articles have been developed by a rigorous selection of materials and particular care to the finishings. They are manufactured and distributed in accordance with the French legislation in force.
If, despite all the precautions that DIGITAL FASHION GROUP may take, an item is delivered damaged or incomplete or if you notice a defect, DIGITAL FASHION GROUP undertakes to exchange or refund it. Simply call our Customer Service on 01 42 21 46 19 (cost of a non-premium local call from a landline, variable depending on the operator) and return the item.
You have legal warranties on the items purchased. As seller, DIGITAL FASHION GROUP is liable for any lack of conformity with the contract under the conditions of Articles L217-4 et seq. of the Consumer Code and hidden defects in the thing sold under the conditions of Articles 1641 et seq. of the Civil Code.
You will find a reminder of your warranty rights below, in accordance with the law.
When the consumer claims application of the legal guarantee of conformity:
- He has a period of two years from the delivery of the product to act;
- He can choose between the repair or replacement of the product, subject to the cost conditions laid down by Article L.217-9 of the Consumer Code;
- He is released from proving the existence of the non-conformity of the product for twenty-four (24) months following delivery of the product, except for used products.
The legal guarantee of conformity applies independently of any commercial warranty granted.
It is recalled that the consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and may choose between cancelling the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
For more details on the applicable texts, you can refer to the articles reproduced at the end of the General Terms and Conditions of Sale.
In any case, DIGITAL FASHION GROUP cannot be held responsible for non-compliance with the regulations and laws in force in the country of receipt.
The liability of DIGITAL FASHION GROUP is limited to the value of the product in question, i.e. value on its date of sale.
Agreement on proof
As an agreement on proof, by validating your order, you agree that our automatic order recording systems are considered as proof of the nature, object and date of the order.
The computer records kept in the information systems of DIGITAL FASHION GROUP and its partners under reasonable conditions of security, will be considered as proof of communication of orders and of the payments made between the parties.
For online payments, the communication of your credit card details followed by validation constitutes an electronic signature and commits you.
Liabilities - Force majeure
In accordance with the law, DIGITAL FASHION GROUP cannot be held liable when the non-performance or poor performance of the contract in whole or in part is attributable either to the Buyer, or to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. Force majeure events, corresponding to events meeting the criteria laid down by case law, include any disruption or total or partial strike, in particular of the postal services or means of transport and/or communication, flood and fire.
In case of the occurrence or threat of a force majeure event, DIGITAL FASHION GROUP will notify the Buyer as soon as possible.
The Parties agree that they shall consult each other as soon as possible in order to jointly determine the terms and conditions for executing the order during the period of force majeure. Beyond a period of ONE (1) month of interruption due to force majeure, DIGITAL FASHION GROUP may opt not to fulfil the order, provided that it reimburses the Buyer, if applicable.
Update and modification of the general terms and conditions of sale
These conditions apply throughout the period during which the products presented for sale by DIGITAL FASHION GROUP are placed online.
DIGITAL FASHION GROUP endeavours to ensure, to the best of its abilities, that the information posted on the Site is accurate and up to date. However, in view of the volume of information that is processed and despite all its care and attention, DIGITAL FASHION GROUP cannot guarantee the accuracy and/or completeness of all information made available on the Site and material input or technical errors are possible when the information is posted online, which are corrected as soon as they are identified.
If you need additional information or if you notice any anomalies, do not hesitate to inform the Customer Service by sending a message to the address provided above.
In addition, given its possible evolution, DIGITAL FASHION GROUP reserves the right to adapt or modify these general terms and conditions of sale at any time. If applicable, the new general terms and conditions of sale will be brought to the attention of visitors of the Site and our customers by their online publication on the Site. The updated or modified terms will only apply to sales made after the change.
In the event that any of the clauses of this contract become null and void due to a change in legislation, regulations or by a court decision, this cannot in any way affect the validity and compliance with these general terms and conditions of sale, the remainder of which must be respected. The clause which is cancelled or which has become inapplicable will be replaced, to the extent possible, by a clause with a similar purpose.
These general terms and conditions of sale and the order summary transmitted to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
In case of contradiction between these documents, the general terms and conditions of sale will prevail.
Conservation and archiving of orders
The archiving of orders is carried out on a reliable and durable medium, so as to correspond to a faithful and durable copy, in accordance with Article 1348 of the Civil Code.
Amicable resolution of disputes and Mediation
Claims or disputes will always be studied with care, the good faith of the person who has taken the trouble to explain a situation or his grievances always being presumed. In case of dispute, the Buyer will first contact DIGITAL FASHION GROUP to seek an amicable solution.
In case of difficulties in the application of this contract, the Buyer has the possibility, before any legal action, to seek an amicable solution in particular by contacting a professional association of the sector, a consumer association or any other adviser of his choice.
He is reminded that the search for an amicable solution does not interrupt the deadlines for implementing the legal warranties.
DIGITAL FASHION GROUP is a member of the French Federation of Distance Selling Companies (Fédération du e-commerce et de la Vente à distance) (FEVAD) and respects the ethics of the profession and in particular the FEVAD code of ethics of e-commerce and distance selling.
As a member of the FEVAD and in accordance with the legislation on the settlement of disputes by mediation, DIGITAL FASHION GROUP is a member of the FEVAD E-commerce Ombudsman's Service accessible at the following postal and email addresses: 60 rue la Boétie, 75008 Paris http://www.mediateurfevad.fr.
The Ombudsman may intervene on your referral for any consumer dispute that cannot be amicably resolved. For more details on how to refer a matter to the Ombudsman, click here.
A platform for resolving disputes is also proposed by the European Commission at the following address: http://ec.europa.eu/consumers/odr. The claims will be transmitted by the European Commission to the competent national ombudsmen.
This amicable settlement clause has no binding effect. This is only a possibility as some disputes require urgent action, using any legal means.
Applicable law and jurisdiction
This Site is created by DIGITAL FASHION GROUP, a company incorporated under French law and subject to the French legislation on sales and consumer information and protection.
The contract is governed by French law. The language of the contract is French.
Otherwise, the competent court in case of a dispute will be that of the place of residence of the defendant or, at the defendant's choice, the place of actual delivery of the product.
Reminder of the texts applicable to guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery.
It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or it has been carried out under its responsibility.
Article L217-5 of the Consumer Code
The product complies with the contract:
1° If it is fit for the purpose usually associated with such product and, if applicable:
- it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model;
- it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, in particular in advertising and labelling;
2° Or if it has the features defined by mutual agreement between the parties or is suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-12 of the Consumer Code
Legal action based on lack of conformity lapses two years after the delivery of the product.
Article 1641 of the Civil Code
The seller is bound by a warranty on account of the hidden defects of the product which renders it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have offered a lower price for it, if they had been known to him.
Article 1648 of the Civil Code
Legal action arising out of redhibitory defects shall be taken by the buyer within a period of two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, in the year following the date on which the seller may be discharged for any apparent defects or lack of conformity.