General terms

GENERAL TERMS AND CONDITIONS OF SALE


Last update : 26/02/2024



ARTICLE 1 - GENERAL PROVISIONS

The General Terms and Conditions of Sale (the “General Terms and Conditions of Sale”, or the “GTS”) apply exclusively to the online sale of products offered by the Operator on the Website.

The GSC are made available to customers on the Site, where they can be consulted directly, and can also be communicated to customers on request by any means.

By checking a box or clicking on the button provided for this purpose, the customer acknowledges that he/she has read and accepted them before placing an order. Validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, which are kept and reproduced by the Operator.



ARTICLE 2 - DESCRIPTION OF PRODUCTS

The Site is an online sales site for the resale of accessories for pregnant women and newborns (hereinafter the “Product(s)”) open to any individual or legal entity using the Site (the “Customer”).

The Products presented on the Site are each the subject of a description (drawn up by the supplier in China or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. Any photographs illustrating the products do not constitute a contractual document. The Product's instructions for use, if essential, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.

The Customer remains responsible for the modalities and consequences of his access to the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.

The Customer acknowledges that he has checked that the computer configuration he is using is secure and in working order.

ARTICLE 3 - CUSTOMER AREA

To place an order on the Site, the Customer will have a personal customer area. It is the Customer's responsibility not to communicate his/her login and password in accordance with the provisions of article PERSONAL DATA of these General Terms and Conditions. Customers undertake to maintain the strict confidentiality of all data, in particular their login and password, enabling them to access their customer area. Customers acknowledge that they are solely responsible for accessing the Service using their login and password, unless fraud has been proven. Customers also undertake to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.

When registering, the Customer undertakes to :

provide true, accurate and up-to-date information at the time it is entered on the service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.
to keep the registration data up to date so as to ensure that it is real, accurate and up-to-date at all times.
The Customer further undertakes not to make available or distribute any illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Should this not be the case, the Operator may suspend or terminate the Customer's access to the Site at its sole discretion.

ARTICLE 4 - ORDERS

The Operator endeavours to guarantee optimal availability of its Products. Product offers are valid while stocks last.

If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer has placed an order, the Operator will inform the Customer by e-mail, as soon as possible, and the Customer will have the choice between :

delivery of a Product of equivalent quality and price to that initially ordered, or
reimbursement of the price of the Product ordered within thirty (30) days of payment of the sums already paid.
It is agreed that, apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to the Operator.

With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities desired. The Customer may check the details of his order and its total price, and return to the previous pages to correct the contents of his basket if necessary, before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them, and to confirm the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and forms the contract.

Contractual information relating to the order (including the order number) will be confirmed by e-mail in due course, and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the “my account” area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any e-mail sent to the customer in connection with an order will be sent to the e-mail address given by the customer when placing an order on the website.

ARTICLE 5 - PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.

The Operator uses the Stripe online payment solution.

Orders can be paid for using one of the following payment methods:

Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the customer's bank details do not pass through the site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is registered and validated as soon as the bank accepts the payment.

The Customer's account will only be debited for the corresponding amount once (i) the credit card details have been verified and (ii) the debit has been accepted by the bank that issued the credit card.

Failure to debit the sums due will result in the immediate nullity of the sale.

In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.

In such cases, the order validated by the Customer will not be considered effective until the secure bank payment center has given its approval of the transaction.

As part of the control procedures, the Operator may have to ask the Customer for any documents required to finalize the order. These documents will not be used for any other purpose.

ARTICLE 6 - PAYMENT OF THE PRICE

Douce Complicité reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the CLIENT.

The prices shown on the product sheets of the internet catalog are in Euros (€) excluding taxes (HT). As customers are importers of goods purchased online, we do not apply VAT at the time of online sale. As a result, you may be required to pay duties and taxes, including VAT, by the carrier upon delivery of your package.

Crossed-out prices on product sheets and other pages of the www.doucecomplicite.com website are recommended prices observed by competitors.



ARTICLE 7 - FORMATION OF CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his/her order, he/she must confirm it using the “double-click” technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of products selected, price, delivery terms and charges) before validating it by clicking on “I confirm my delivery”, then he/she acknowledges acceptance of these GTC before clicking on the “I pay” button, and finally he/she validates his/her order after filling in his/her bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.



The order can be resolved by the Customer by sending an email via the contact form accessible via the online store:

delivery of a Product that does not conform to the declared characteristics of the Product ;
delivery beyond the deadline set out in the order form or, in the absence of such a deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been requested, in the same way and to no avail, to make delivery within a reasonable additional period;
a price increase that is not justified by a technical modification of the product imposed by public authorities.

In all such cases, the customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be cancelled by the Operator in the event of :

refusal by the purchaser to take delivery ;
non-payment of the price (or the balance of the price) at the time of delivery.

 

ARTICLE 8 - RESERVATION OF OWNERSHIP

The Operator remains the sole owner of the Products ordered on the Site until full payment has been received, including any shipping costs.



ARTICLE 9 - SHIPPING AND DELIVERY

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified when the order is finalized, and are accepted when the order is validated.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products within a maximum of thirty (30) days after receipt of the order.

Delivery times are announced in the following form: Shipping time + Transport time in working days on the Site when the order is placed.

The Operator undertakes to try to dispatch the Products in accordance with the delivery times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.

However, if one or more Products cannot be delivered within the period initially announced, the Operator will send an e-mail indicating the new delivery date to the Customer.

Products will be delivered to the address indicated by the Customer at the time of ordering. It is the customer's responsibility to check that this address contains no errors. The Operator cannot be held responsible if the address given by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, your order may be in your letterbox or you may be asked to sign a receipt and pay VAT (if applicable in your country).

On delivery, it is the Customer's responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note and is responsible for providing proof of this indication when making a claim to the after-sales service. No claim on the quantity or condition of the Product will be accepted if the claim has not been indicated on the delivery slip.

ARTICLE 10 - RIGHT OF WITHDRAWAL

If the Customer is not entirely satisfied with a delivered Product, he may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the French Consumer Code, and in order to exercise this right of withdrawal under the conditions of articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf. Print it out and return it to us at contact@doucecomplicite.com

The Operator will acknowledge receipt of the customer's withdrawal request by e-mail.

Where applicable, the customer may exercise his right of withdrawal by notifying the following information to the Operator:

name, address, telephone number and e-mail address ;
decision to withdraw by means of an unambiguous statement.
The cost of returning the goods is borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator will collect the goods at its own expense.

The cost of returning the goods is borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator will collect the goods at its own expense.

The exceptions of article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract :

for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal ;
the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
the supply of goods made to the consumer's specifications or clearly personalized;
the supply of goods likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
the supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
concluded at a public auction;
the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time;
the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, fit for resale, unused and with all accessories.

In addition to the returned Product, the return parcel must also contain a letter specifying the Customer's exact and complete contact details (surname, first name, address), as well as the order number and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the Customer's reimbursement. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the discretion of the Operator.

By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges that he/she has been informed of the cancellation procedure.

ARTICLE 11 - CUSTOMER SERVICE

The Customer may contact the Operator :

by e-mail to contact@doucecomplicite.com, indicating his name, telephone number, the subject of his request and the number of the order concerned.

 

ARTICLE 12 - INTELLECTUAL PROPERTY AND SITE LICENSE

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Site Elements, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.

Furthermore, it is specified that the Operator is not the owner of the content put online by Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. Customers grant the Operator a non-exclusive, transferable, sub-licensable, free and worldwide license to use the intellectual property content they publish on the Site, for the entire duration of the protection of such content.

The Operator reserves the right to take legal action against any person who fails to comply with the prohibitions contained in this article.