Effective Date : February 2, 2021
- Subject
The present general terms and conditions of sale apply without restriction or reserve to all online sales proposed by the company Dare In Paris on the website www.dareinparis.fr (hereinafter: " the Site ").
The Site is an e-commerce platform, which allows Internet users (hereinafter: " the Purchasers ") to acquire various craft accessories of different kinds, offered for sale on the Site (hereinafter: " the Products ").
The purpose of the present general terms and conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the page of the Site.
The applicable version of the general terms and conditions is the one that can be consulted online on the Site on the date of the Buyer's order, a copy of which is sent to him with his order confirmation.
These general terms and conditions of sale prevail over any other general or special conditions not expressly approved by Dare In Paris.
They may be supplemented, if necessary, by terms of use specific to certain services offered on the Site, which supplement these general terms and conditions and, in the event of contradiction, prevail over the latter.
- Seller's identity and contact
The Site is operated by the company Dare In Paris, SAS registered in the Paris Trade and Companies Register under the number 890 249 147, whose registered office is located at 40 rue du Rendez-Vous 75012 Paris (hereinafter: " Dare In Paris "), which offers the Products for sale.
Dare In Paris can be contacted at the following coordinates, in particular for any claim:
Postal address : 40 rue du Rendez-Vous - 75012 Paris
E-mail address: contact@dareinparis.fr
- Legal capacity and acceptance of the general terms and conditions
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- Legal capacity
The Site is accessible:
- To any natural person with full legal capacity to commit under these terms and conditions. The natural person who does not have full legal capacity can only access the Site with the agreement of his legal representative.
- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
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- Acceptance of the general terms and conditions
The Buyer's acceptance of these general terms and conditions is materialised by a tick box in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
The Buyer who does not agree to be bound by these terms and conditions should not place an order on the Site.
- Registration on the Site
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- The Buyer may register on the Site by filling out the form provided for this purpose. However, registration is not mandatory to place an order.
Where applicable, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the Buyer's name (hereinafter: the " Account "), giving him/her access to a personal space (hereinafter: the " Personal Space ") that allows him/her to manage his/her purchases in a form and according to the technical means that Dare In Paris deems most appropriate.
The Buyer guarantees that all the information he or she provides in the registration form is accurate, up to date and truthful and is not misleading.
It undertakes to update this information in its Personal Space in the event of changes (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer commits him/her as soon as it is validated.
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- The Buyer may access his Personal Space at any time after having identified himself using his login and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility for it.
He is likewise responsible for maintaining the confidentiality of his login and password, any access to the Site using the latter being deemed to be made by the Buyer. The Buyer must immediately contact Dare In Paris at the address and phone number mentioned in the article "Seller's identity and contact" herein if he notices that his Account has been used without his knowledge. The Buyer acknowledges that Dare In Paris has the right to take all appropriate measures in such a case.
- Product Characteristics
Prior to any online order and in application of the provisions of article L111-1 of the French Consumer Code, the Purchaser can read, on the Site, the characteristics of each Product he wishes to order.
The Products are offered for sale online while stocks last.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit Dare In Paris for what is precisely indicated. However, the Buyer is informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints that may alter the visual rendering.
- Order
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- Placing an order
To place an order, the Buyer must select the Product of his/her choice and place it in his/her basket.
He or she can access the summary of his or her basket at any time as long as the order has not been definitively validated and can correct any errors in the elements entered.
The order is deemed to have been received by Dare In Paris when Dare In Paris can access it.
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- Confirmation of order
At the end of his order, the Buyer receives by email a confirmation of this one which :
- recapitulates the elements of the order and the expected delivery time,
- contains the general conditions in force on the day of the order,
- contains the invoice corresponding to the order.
The Buyer must ensure that the contact details entered in his Account or communicated at the time of his order are correct and that they enable him to receive the email confirming his order. Failing receipt of the latter, the Purchaser must contact Dare In Paris at the contact information mentioned in Article 2.
Dare In Paris recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when it can be accessed.
- Prices and payment terms
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- Awards
The selling prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
Dare In Paris reserves the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
The prices do not include any delivery costs that may be applicable to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the validation of the order by the Buyer.
The applicable price is the one displayed on the Site at the time of the registration of the Buyer's order.
Attention: Outside the European Union and in the French overseas departments and territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Purchaser, in addition to the price paid to Dare In Paris. These duties and taxes, the exact amount of which Dare In Paris cannot determine in advance and therefore cannot inform the Purchaser prior to his/her order, remain at the expense of the Purchaser, who is solely responsible for the proper fulfillment of any declarations and/or formalities relating thereto.
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- Terms of payment
The full price of the Products is due at the time of the order.
Payment may be made online by credit card, through the secure online payment service indicated on the Site or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees to Dare In Paris that he/she has the necessary authorizations to use the chosen method of payment.
Dare In Paris reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
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- Billing
The Buyer can access the invoice corresponding to his order in his Personal Space.
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- Retention of title
Dare In Paris retains full and complete ownership of the Products sold until full payment of the price, including delivery costs.
The Buyer insures the risks (loss, theft, deterioration) for each Product, once it has been delivered to the address indicated by the Buyer at the time of ordering.
- Delivery
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- Delivery territory
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
The delivery of the Products ordered on the Site will be made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is within the possible delivery territory for the Products concerned and that it is not a fictitious post office box.
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- Modes of delivery
The delivery of the Products ordered on the Site is made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address).
Different modes of delivery may be possible, depending on the Product categories and their weight.
The Buyer is informed before the validation of his order of the possible modes of delivery for the ordered Product as well as the delays and expenses corresponding to each of these modes.
The Buyer must select the desired delivery method and give all the necessary information for the effective delivery of the Product according to this method.
Dare In Paris wishes to bring to the Purchaser's attention that in each circumstance, it is the Purchaser's responsibility to verify the accuracy of the Product(s) contained in the delivery with those ordered on the Site.
Similarly, the Buyer must be attentive to the slightest trace of impact, opening of the package, moisture, or any alteration whatsoever on the package delivered to the desired address.
Should this be the case, the Buyer must immediately make this clear to the delivery organisation by placing a handwritten reservation accompanied by his signature on the delivery note.
The risk of loss or damage is transferred to the Buyer at the time of delivery of the order.
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- Delivery times
The Site mentions, for each Product offered for sale, indicative delivery times according to the territories and delivery methods.
The effective delivery time will be confirmed to the Buyer in the order confirmation email.
In the absence of delivery within the above-mentioned time limit, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having enjoined Dare In Paris, according to the same terms, to make delivery within a reasonable additional period, it has not done so within this time limit.
The contract shall be deemed to have been terminated upon receipt by Dare In Paris of the letter or writing informing it of such termination, unless it has been executed in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer shall be reimbursed for all sums paid by it, including delivery costs, no later than 14 (fourteen) days following the date on which the contract is terminated.
Dare In Paris reserves the possibility in any case to get closer to the Buyer in order to offer him/her alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must explicitly express his acceptance of the choice of an alternative method of reimbursement on a durable medium.
- Right of withdrawal
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to retract without having to justify his reasons or pay any penalties, with the exception of the return costs, which remain at his expense and which he will have to pay, as well as any customs charges and/or taxes in force at the time of dispatch. When the order relates to several Products delivered separately, the above time limit shall run from receipt of the last Product.
In the event that the return decision is the consequence of an error by Dare In Paris, the return costs will not be charged to the Buyer.
The Purchaser who wishes to exercise his/her right of retraction must send to Dare In Paris at the address mentioned in Article 2 hereof, before the expiration of the above-mentioned period, the retraction form annexed to these general conditions duly completed, or a statement clearly expressing his/her willingness to retract and including his/her order number.
The Products must imperatively be returned to Dare In Paris in their original packaging, without excessive delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his willingness to retract. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to Dare In Paris.
The Buyer acknowledges and accepts that Dare In Paris has the necessary means to verify whether the Products or packaging have been altered by the Buyer between the time of purchase and return.
The Purchaser will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective receipt by Dare In Paris of the request for retraction of the totality of the sums paid for his/her order, minus any return costs, which remain the responsibility of the Purchaser. However, Dare In Paris reserves the right to postpone this reimbursement until the effective recovery of the Products.
- Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as from the hidden defects of the thing sold, including the defects of conformity resulting from the packaging of the Products ordered on the Site.
If the Purchaser finds that the Product delivered to him/her presents a defect, a lack of conformity or is damaged, he/she must inform Dare In Paris at the address mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity or damage observed and sending him/her any useful proof, notably in the form of photograph(s).
Dare In Paris will organize with the carrier of its choice the modalities of return, of which it will inform the Buyer by any useful means. Dare In Paris will bear the costs of this return.
The Products must imperatively be returned to Dare In paris in their original packaging and without any alterations in accordance with Article 9 of these terms and conditions. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be taken into account.
Dare In Paris will carry out the necessary verifications and will propose to the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, Dare In Paris will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Dare In Paris will have informed the Buyer of the impossibility to replace the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer :
It is also reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted. Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. |
- Product Exchanges
Is understood as an exchange, the act by which Dare In Paris grants the Buyer the right to change a Product purchased on the Site by the latter, against another Product present on the Site, within the limit of the stocks available at the time of the exchange and if the returned item scrupulously respects the return conditions detailed in accordance with Article 9 of the present general conditions :
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- if the exchange is made for a Product of the same value, the Buyer will not have to pay any supplement, just the shipping costs inherent to the return and the new shipment; Dare In Paris is not responsible in case of loss of the package by the carrier chosen by the Buyer ;
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- if the exchange is made for a Product whose price is lower than the price initially invoiced, the Purchaser will benefit from a credit note equal to the difference, valid for 1 (one) year on the Site; the Purchaser must also pay the shipping costs inherent to the return and the new shipment; Dare In Paris is not responsible in case of loss of the package by the carrier chosen by the Purchaser;
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- if the exchange is made for a Product whose price is higher than the price initially invoiced, the Buyer must pay the difference; the Buyer must also pay the shipping costs inherent to the return and the new shipment; Dare In Paris is not responsible in case of loss of the package by the carrier chosen by the Buyer.
- Obligations of the Purchasers
Buyers are solely responsible for the use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs prior to purchasing the said Products.
They must also take the necessary measures to safeguard by their own means the information in their Personal Space that they deem necessary, no copies of which will be provided to them.
Finally, it is up to the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
- Responsibility of Dare In Paris
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- Dare In Paris undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, Dare In Paris reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Dare In Paris cannot be held responsible for momentary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
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- Dare In Paris does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations or constraints.
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- The Buyer acknowledges and accepts that there may be a difference between the photographs reproduced on the Site and the Products received (particularly in terms of size or colour). Moreover, as the Products are hand-made, the Buyer is expressly informed of the characteristics specific to this type of product and the inherent constraints.
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- Dare In Paris cannot be held responsible for the non-execution or delay in the execution of sales contracts due to circumstances beyond its control or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including due to strikes, damage caused by viruses for which the means of security existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the present general conditions.
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- In any case, the liability that may be incurred by Dare In Paris under the terms of the present contract is expressly limited to the only direct damages proven to have been suffered by the Purchasers.
- Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by Dare In Paris within the Site are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copy and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Dare In Paris are strictly prohibited and may be subject to legal action.
The trademark "DARE IN PARIS", as well as the logo representing a carrousel wearing ties have been the subject of two different registrations with the National Institute of Intellectual Property under the numbers 4695935 and 4606951.
In this sense, the Buyer is informed that they are and will remain the exclusive property of DARE IN PARIS.
The domain name "dareinparis.fr", which includes the brand name, is and will remain the exclusive property of DARE IN PARIS.
- Personal data
Dare In Paris has a personal data protection policy, the characteristics of which are explained in the document entitled " Personal Data Protection Charter ", of which the Purchaser is expressly invited to take note.
- Advertising
Dare In Paris reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Dare In Paris shall be the sole judge.
- Links and third party sites
Dare In Paris shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer may have access through the Site.
Dare In Paris assumes no responsibility for the content, advertising, products and/or services available on such third party sites and mobile applications, which are governed by their own terms of use.
Dare In Paris is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including its possible partners) to whom the Buyer would be directed through the Site and would not be party to any dispute whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
- Prohibited conduct
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- The following are strictly forbidden: (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into Dare In Paris systems, (iii) any diversion of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the financial, commercial or moral rights and interests of Dare In Paris or users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally more generally (viii) any breach of these general terms and conditions or of the laws and regulations in force.
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- It is likewise strictly forbidden to monetize, sell or concede all or part of the access to the Site, as well as to the information it contains.
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- Any commercial exploitation of the Products by the Buyers is prohibited, and in particular any resale or distribution for valuable consideration.
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- In the event of failure to comply with any of the provisions of the present article or, more generally, violations of laws and regulations, Dare In Paris reserves the right to take all appropriate measures and take legal action.
- Unsubscribe
The Purchaser may unsubscribe from the Site at any time, by sending a request to this effect to Dare In Paris by email, to the contact information mentioned in Article 2.
Unsubscription is effective within a maximum of 7 (seven) days from this request. It entails the automatic deletion of the Buyer's Account.
- Changes
Dare In Paris reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the Buyer's order.
- Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
- Mediation
The Purchaser has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of the present contract between the Purchaser and Dare In Paris, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
To this end, he may contact the following consumer ombudsman:
Centre for Mediation and Amicable Settlement of Judicial Officers (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
E-mail address: contact@medicys.fr
Telephone: 01 49 70 15 93
https://medicys-consommation.fr/
- Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute as to the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules to the contrary exist.
Appendix - Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of : Dare In Paris
Address : 40 rue du Rendez-Vous - 75012 Paris
Email: contact@dareinparis.fr
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Order number :
Ordered on (*) / received on (*)
Name of buyer(s) :
Address of the buyer(s) :
Signature of the buyer(s) :
(only in case of notification of this form on paper)
Date:
(*) Delete as appropriate.