Terms of use
GENERAL TERMS AND CONDITIONS OF USE AND SALE
Date: 05/12/2024
The company Le Dandy Elégant EI, registered with the Registre National des Entreprises (RNE) under number 981 750 441 and having its registered office at 66 avenue des Champs Elysées, 75008 PARIS 8 (hereinafter the "Company"), manufactures digital stationery.
PURPOSE
The purpose of these General Conditions of Use (hereinafter referred to as "T&C") is to define the conditions under which the Company sells its products (hereinafter referred to as "Products") on its website to customers who purchase them (hereinafter referred to as "Customer").
The Products sold by the Company are those described on its website: ledandyelegant.com (hereinafter referred to as the 'Website') or on any other relevant medium made available to the Customer by the Company at the time the Customer places the order.
The Company reserves the right to change or amend these T&C at any time. The applicable version of the T&C shall be that provided by the Company to the Customer at the time of purchase of the Products or Services. Modifications to these T&C may be invoked against the Customer from the time they are posted online and may not be applied to transactions previously concluded.
The Customer declares that he/she has read the T&C and accepts them without reservation before placing an order.
PRE-CONTRACTUAL OBLIGATIONS
The Company shall communicate to the consumer, in a legible and comprehensible manner, the essential characteristics of the products, i.e:
- Functionality
- Compatibility
- Availability
- File format
- Languages available
- Updates available
- Restrictions on use
- Refund Policy
ACCESS TO THE SITE
The Website is accessible 24 hours a day, 7 days a week, except in the event of voluntary or involuntary interruption by the Company, its service providers or the Internet network, or in the event of force majeure.
The Company cannot be held liable in the event that the Website is unavailable for any reason whatsoever, which the Customer accepts.
The Company will use its best endeavours to ensure the security of the Site and to keep it regularly updated, but cannot guarantee to the Customer that the Site will be completely secure.
Accordingly, the Company may suspend or terminate the operation of the Site at any time if it so wishes.
PRICES
Products are sold at the prices in force at the time the order is placed.
They are expressed in euros (€) and include all taxes. In accordance with article 293 B of the French General Tax Code, VAT is not applicable.
The Customer may choose the language and currency available on the Site. The final amounts will be adjusted according to the Customer's location when the order is finalised.
The Company reserves the right to modify its prices at any time.
ORDER AND PAYMENT CONDITIONS
Orders are placed :
- Directly on the website
Payment for products is made at the time of ordering by :
- Credit Card
- Mastercard
- Visa
- American Pay
- Apple Pay
- Shop Pay
- PayPal
In the event that an order is cancelled or modified by the company, the customer will receive an email notification informing them of the changes made to their transaction.
INVOICING
Each order shall be invoiced by the Company to the Customer by e-mail.
DELIVERY AND DOWNLOAD OF DIGITAL PRODUCTS
The sale of our digital products includes the provision of a download link to the customer. The number of downloads available will be determined by us and may vary from product to product. Specific details of the number of downloads allowed will be set out on the product sheet.
Products will be delivered electronically by sending them directly to the email address provided at the time of ordering.
RETURNS AND REFUNDS POLICY
Due to the digital nature of our products, we do not accept returns or refunds. However, in the event that the customer has inadvertently purchased the same product in duplicate, we will accept requests for refunds upon presentation of the corresponding invoice.
To initiate the refund process, the customer must send a request to ledandyelegant@gmail.com.
These requests will be considered on a case by case basis and refunds will be made in accordance with our current policy.
COMMENTS
Customers are invited to post their comments on the website. However, the Company reserves the right to delete comments it deems inappropriate, such as those containing racist, homophobic, illegal, obscene or defamatory content or any form of offensive discourse.
By posting a comment, the customer grants the Company the right to use, reproduce, publish and distribute such comment, including on social media platforms.
Consequently, the Company is not and shall not be obliged to maintain the confidentiality of comments, to pay compensation for comments or to respond to comments.
RETENTION OF TITLE CLAUSE
The Company retains title to the Products sold until full payment of the price and the Customer undertakes to take all necessary precautions for the proper preservation of the Products until such time as title passes to the Company.
DISSOLUTION CLAUSE / TERMINATION
The sale may be cancelled by operation of law and may give rise to a claim for damages in favour of the Company if the purchaser fails to pay all sums due within 30 days of formal notice to pay.
RIGHT OF WITHDRAWAL
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised in respect of contracts for the supply of digital content not supplied on a tangible medium, the performance of which has commenced after the consumer's express prior consent and express waiver of the right of withdrawal.
RESPONSIBILITY
The Company cannot guarantee that the quality of its products, information or any other goods purchased from the Website will systematically meet the Customer's expectations.
Furthermore, the Company declines all responsibility for any malfunction that may occur after downloading its Products. The Customer is solely responsible for the use made of the Products or Services. The Customer is therefore invited to familiarise himself/herself with the characteristics and specifications of the Products before purchasing them and to ensure that they are used in accordance with the instructions provided.
GUARANTEES
All Products are covered by the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code. In particular, these guarantees allow the Customer to return defective or non-conforming Products to the Company.
1. Legal guarantee of conformity
- Article L.217-4 of the Consumer Code:
The goods are in conformity with the contract if they meet the following criteria, where applicable
1° It corresponds to the description, type, quantity and quality, in particular in terms of functionality, compatibility, interoperability or any other characteristic provided for in the contract.
2° It is fit for any particular purpose intended by the consumer, made known to the seller at the time of the conclusion of the contract at the latest, and accepted by the seller;
3° It is supplied with all the accessories and installation instructions required by the contract;
4° It is updated in accordance with the contract.
- Article L.217-5 of the Consumer Code:
I.- In addition to the criteria of conformity with the contract, the goods shall be deemed to be in conformity if they meet the following criteria
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, the provisions of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned:
2° Where applicable, it has the characteristics which the seller has presented to the consumer in the form of a sample or model prior to the conclusion of the contract;
3. where applicable, the digital elements it contains are supplied in the latest version available at the time of the conclusion of the contract, unless the parties agree otherwise
4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° it corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, which the consumer may legitimately expect for goods of the same type, taking into account the nature of the goods and public statements made by the seller, by a person upstream in the supply chain or by a person acting on their behalf, including in advertising or on the labelling.
II. However, the seller shall not be bound by any of the public declarations referred to in the preceding paragraph if he proves that
1° that he was not aware of them and could not reasonably have been aware of them;
2° that, at the time of the conclusion of the contract, the public declarations had been corrected in conditions comparable to the initial declarations; or
3° that the public statements could not have influenced the decision to purchase.
III. The consumer may not invoke a lack of conformity relating to one or more specific characteristics of the goods which he has been expressly informed differ from the criteria of conformity set out in this article, and to which he has expressly and separately consented at the time of the conclusion of the contract.
2. Legal guarantee against hidden defects
- Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the goods sold which render them unsuitable for their intended use, or which affect that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he been aware of them.
- Article 1648, paragraph 1 of the French Civil Code:
The action for material defects must be brought by the purchaser within two years of the discovery of the defect.
| The Customer is reminded that under the legal guarantee of conformity, the Customer : - has a period of 2 years from delivery of the goods to take action against the Company; - may choose between repair or replacement of the goods by making the goods available to the Company; - is exempted from proving the lack of conformity of the goods during the 24 months following the delivery of the goods. -The legal guarantee of conformity applies independently of any commercial guarantee that may cover your goods. The customer is reminded that he/she may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code and that, in this case, he/she may choose between the cancellation of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code. |
3. Returns
If the Customer receives a Product which does not conform to the order or which has a hidden defect, the Customer may not return the Product to the Company by post.
Instead, the Customer must contact the Company's Customer Service Department by e-mail at the following address: ledandyelegant@gmail.com
Any claim must be made within 30 working days from the date of payment in order to formulate any claim relating to its return.
The Customer may request from the Company
- A refund of the price of the product.
MODIFICATION OF THE CONTRACT
Any variation, cancellation or waiver of any of the clauses of these T&Cs will only be valid if agreed in writing and signed by the Company and the Customer.
PERSONAL DATA
The Company collects personal data in order to deliver the products ordered by the Customer.
In accordance with the Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as the GDPR), the Customer has the right to access, rectify and oppose any personal data concerning him/her. To exercise this right, the Customer must send an e-mail to the following address: ledandyelegant@gmail.com, indicating the Customer's name, surname, e-mail address, postal address and the subject of the request.
The personal data requested from the Customer is necessary, in particular, for the processing of the order and the issuing of invoices.
Such data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The customer has the right to lodge a complaint against the company with the CNIL.
We will keep your personal data for as long as is necessary to supply the product and fulfil the obligations you have requested from us, or for other essential purposes such as complying with our legal obligations.
In addition, the Company undertakes to comply with the regulations in force, in particular the GDPR, when processing the Customer's personal data.
FORCE MAJEURE
The Company may not be held liable for failure to perform its contractual obligations under the conditions set forth in these T&Cs in the event of a fortuitous event or a case of force majeure within the meaning of Article 1218 of the French Civil Code.
In addition to the fortuitous events defined by the jurisprudence of the French Courts, any situation which delays or prevents the performance of the contractual obligations, in particular but not limited to labour disputes, government intervention, natural disasters, epidemics, fire, water damage, interruption of the electricity or telecommunications network, administrative decisions, shall be considered as fortuitous events or cases of force majeure beyond the control of the Company and the Company shall not be liable.
INTELLECTUAL PROPERTY
All elements appearing on the Website or on any other document or medium transmitted or accessible to the Customer, such as, but not limited to, all logos, layouts, images, texts, logos, databases, programmes, etc., are protected by intellectual property rights and are the full and exclusive property of the Company.
The sale of the Products to the Customer in no way implies the transfer of these intellectual property rights. The Company therefore remains the sole owner of these intellectual property rights.
Under no circumstances may the Customer use the elements protected by intellectual property rights belonging to the Company without the prior, express and written consent of the Company.
APPLICABLE LAW AND JURISDICTION
The present Terms and Conditions are governed by French law.
All disputes arising from the purchase and sale transactions concluded in application of these general terms and conditions of sale, as well as their validity, interpretation, execution, termination, consequences and effects, and which cannot be settled amicably between the Company and the Customer, shall be submitted to the jurisdiction of the courts of the city of the Company's head office, under the conditions of common law.