GENERAL TERMS OF SALE

 

Preamble

The purpose of those General Terms of Sale is to deal with the legal terms in force when you use the website www.diego-garcia.fr («Website») and the other services that we provide («Services»).

Please, read carefully our General Terms of Sale, make sure to understand them before using our services. By using our services, you accept to be linked to those «General Terms of Sale».

If you do not agree with those «General Terms of Sale», you cannot use our Services and will have to quit immediately our Website. If you still use our Website or if you order our products, it means you accept those General Terms of Sale. We advise you to keep a printed copy of our General Terms of Sale.

When we refer to «us», «our» or «ours», we refer to Diego-Garcia.fr S.A.R.L.
When we refer to «you», «your» or «yours», we refer to you as a person using our Services.

We use titles to help you to understand our General Terms of Sale and to find easily the information you need. We do not keep copies of the contracts between you and us about the products’ sale. We recommend you to print or save a copy of those General Terms of Sale for your reference. However, please note that our General Terms of Sale can be modified, you should frequently verify our Website and also each time you use our Services to order products to make sure you understand the legal terms in application.

 

About us

Diego-Garcia.fr S.A.R.L is a company incorporated under French law with a capital of 300,000€ registered at the R.C.S of Nanterre under number 808 651 202. We edit and exploit the Website www.diego-garcia.fr

As a French company, Diego-Garcia.fr S.A.R.L respects French and European law, as well as the Consumer Code, law n° 2014-344 of 17 March 2014.
You can contact our e-shop by email at the address customer-service@diego-garcia.fr, by phone: +33 1 47 41 63 56 or by mail at: 9, rue des Suisses 92380 Garches - France.

 

1. DEFINITIONS

«General Terms of Sale» designates the following general terms of sale for the products of the Website www.diegogarcia.fr

«Client(s)» designates the person(s) navigating on the Website www.diego-garcia.fr and buying Products online for a personal purpose.
«DIEGO GARCIA» designates Diego-Garcia.fr S.A.R.L, distributor or the brand Diego Garcia.
«Party(ies)» designates alternatively Diego-Garcia.fr S.A.R.L and/or the Client(s).
«Products» designates the products offered for sale on the Website (under legal terms of the 3rd article below).
«Site» designates the commercial website available on the Internet at the address www.diego-garcia.fr which offers for sale products branded Diego Garcia.

 

2. PURPOSE

If the client buys a product on our website, he acknowledges to be aware of the General Terms of Sale and accept them without any restrictions (this acceptation is not conditioned by the Client hand-written signature). The conditions of use also regulate the client’s navigation on the Website. These conditions include the respect of the intellectual property of our products, photos and image rights. It is strictly forbidden to use and to reproduce texts or pictures coming from the Website. It is mentioned that the Client can save or print those General Terms of Sale on the condition that they do not modify them. Diego-Garcia S.A.R.L reserves the right to update at any time those General Terms of Sale. These conditions apply exclusively for the online sales (offered on the Website), excepted for the in-store sales or any other distribution and commercialization channels.

 

3. PRODUCTS

3.1 - Products description
Pictures illustrating the Products are indicative and do not intend to be contractual. Indeed, we do our best to reproduce the exact colors of the original Products in our pictures but sometimes, variations can happen, particularly because of the technical limitations in the color rendering on computer. Consequently, Diego-Garcia.fr S.A.R.L cannot be responsible of any mistake or inaccuracy of the products’ pictures or graphic representations presented on the Website.

3.2 - Products availability
Products are offered in the limitation of stocks. We cannot guaranty the availability of the Products presented on the Website. In case of unavailability of one of the Products, the Client will be informed as soon as possible by email of the partial delivery or annulation of his order.

 

4. PRICES

Prices are firm and definitive. They are indicated in euros. The tariff in use is indicated on the Website, except typographical errors. Those prices take account of the V.A.T applicable on the day of the order. By default, the V.A.T rate displayed on the Website is the French one. It is updated when the Client selects the country of expedition in the shopping bag. If the country of expedition is outside of European Union, any V.A.T applies on the Website; the V.A.T will be paid to the carrier at the reception of the package (UPS has the mandate to collect the V.A.T). The products’ prices do not include the cost of packaging and delivery, which will be charged in addition and mentioned to the Client at the final validation of the order. The transport amount is calculated according to the delivery period requested and according to the modality determined by the carrier chosen by the Client. We propose, at certain period of the year, promotional offers including the delivery cost. In that case, the delivery cost is free but the Client will have to pay if he wants to return the product for any reason. The invoiced price is the one indicated on the order confirmation send by email by the Website.

Diego-Garcia.fr S.A.R.L reserves the right to change its prices at any time, without any other formality than to modify them on its Website. The Client must agree with this condition. However, these modifications will not have any consequence on the order accepted by the Website before the entry into force of these modifications, subject to the availability of the Product(s) ordered.

 

5. RESERVATION OF OWNERSHIP

The Products is transferred to the Client after the complete payment of its price.

 

6. ORDER’S CONDITIONS

6.1 - Navigation on the Website
The Client can see the different Products offer for sale on the Website. The Client Is free to navigate on all the different pages of the Website without having to order anything.

6.2 - Order’s registration
It is specified that the Products are sold for a personal use. It is strictly forbidden to buy products sold on the Website for a commercial use or for resale. If the Client wants to order, he will choose all the products he likes and will prove his interest by clicking on the button ‘’Add to bag’’. To proceed with the order, the Client will have to sign in beforehand via the creation of a customer account. The Client access to a summary of the order in his shopping bag and to all the information about the Product(s) he has chosen. The mention ‘’Purchase order with obligation of payment’’ will appear when the Client proceed with the order adding it into his shopping bag. You can also indicate your payment method at the beginning of the order’s process.

6.3 Delivery territory eligible to order
The Client will be able to order Products only if the country of delivery is eligible and listed on the Website. Any order mentioning any other territory will be rejected.

6.4 - Final order’s validation
The Client must tick off the case in front of the message «I agree with the general terms of sale» to indicate all the payment details and validate definitively his order.

6.5 - Order’s confirmation
The sale will be considered as definitive once the Website has sent the order’s confirmation to the Client by email.

 

7. PAYMENT

Unless the server is unavailable, the Client will be able to pay by credit card, after the definitive order’s confirmation. The Client will enter his credit card number, the expiration date, the credit card owner’s name and the security code (the 3 numbers on the credit card’s back).

Payments by check and via PayPal account are accepted. However, we do not accept payment by cash. Diego-Garcia.fr S.A.R.L reserves the right to reject any order or delivery in case of fraud suspicion, litigation with the Client, non-payment (total or partial) of the Client’s previous orders or banks’ refusal for a payment by credit card authorization. The Client guarantees that he has authorizations that might be necessary to use the payment method chosen during the order’s validation. In case of bank’s refusal, the order will be automatically cancelled and the Client will be warned by email. The Client is invited to print the order’s summary. Data relating to orders will be registered and saved by Diego-Garcia.fr S.A.R.L, Website’s operator of its bank partner or intermediary. Information registers of these companies will be considered as a proof of all the transactions between the Parties and the Website. Data archiving relating to orders is done on a reliable and stable support, which can be produced as a proof.

 

8. DELIVERY

Products are delivered according to the delivery method chosen. The delivery time depends on the delivery method chosen; it varies in from 2 to 4 working days in Metropolitan France, from 4 to 9 working days for the European Union’s countries, from 7 to 14 working days for the Overseas’ departments. According to the law, the delivery cannot exceed 30 days unless it is delayed or stopped because of duty problems out of the EU. Diego Garcia will punctually offer limited editions made after the order. In such a case, the exceptional delivery delay will be indicated in the product sheet of the article. The delivery exceeding time by our supplier cannot lead to some kind of indemnity in favor of the Client. Furthermore, the Client recognizes to be responsible for the information given to the Website during the order and will not pursue the Website in case of mistake in the contact details section of the recipient, which could block the product’s delivery.

The delivery will always be denied for addresses belonging to:

  • A hotel or any other accommodations,
  • A post office box,
  • A postal code,
  • A non fixed domiciliation (that means in a non exhaustive way: Mobil-home, caravan, camping) or in a collective residence where an individual address cannot be given in a clear and stable way to a natural or legal person.

The Client must control the good state of the Products during the delivery. Any anomaly during the delivery (damaged packages, missing products regarding to the Website’s invoice, delivery delay, etc.) must be indicated on the carrier’s receipt. The Client will also have to report it to us by email at customer-service@diego-garcia.fr to improve the quality of our services and to allow us to proceed to an investigation from the carrier.

If the Client reports a missing product, the investigation from the carrier can take 21 working days. If the product gets found during this period, it will be send to the Client at the address indicated in the order form.
However, if the product(s) is not found after 21 days of investigation, the Website will send, at its costs, the missing product(s) initially ordered by the Client. 14 days after the delivery date scheduled and failing that all the formalities have been respected, the Product(s) are considered standard compliant and free from any appearing defect. The Website will not accept any reclamation.

In case of lack of conformity of a delivered product, the Client can send it to Diego Garcia following the instructions given on www.diego-garcia.fr.

 

Return policy

You can send us your return request for the products ordered on our website until 14 days after the date of receipted. Beyond 14 days, we will not treat your request. Returns of merchandises cannot be done without a Return Merchandise Authorization number (RMA).

Les retours de marchandises ne peuvent être exécutées sans numéro d’Autorisation de Retour Marchandises (ARM).

The request for Return Merchandise Authorization number must be done by email to customer-service@diego-garcia.fr.

To treat your request, we need:

  • First name, last name, address (used for your order),
  • Order number (which appears on your invoice),
  • Invoice number (which appears on your invoice),
  • The product(s) you want to return,
  • The reason(s) of the return,
  • A phone number where we can call you from 10am to 18pm.

Your request will be treated within 2 working days.
Our return agreement will be formalized by the sending of a Return Merchandise Authorization number (RMA). Do not send any merchandise before you get an RMA number.

The obtaining of the RMA number does not constitute a definitive acceptance for the refund of the returned product(s).

 

Return conditions

The product must be folded in the same condition as for the delivery. Make sure any presentation accessories, folding or label is missing before proceeding to the return.
Labels must be attached to the product as when you received it.
The warning red label and its cordon should not be moved or removed.
Products should not have been worn or washed.
We will be particularly vigilant in ensuring that these conditions of return are respected. Any failure to comply could cause the annulation of the refund. In such a case, the returned products will be sent to you without any refund.

 

Adresse – Deadline – Postal Box for your returns

Returns must be sent to:

DIEGO GARCIA.FR
9, rue des Suisses
92380 Garches
France

Once you have received your RMA number, you can send us your package within 5 working days. If you use the expedition box for the return, make sure it is well closed and that the merchandise is well placed to avoid any deterioration and contestation. You can also use another box to return your product(s) if it respects the same conditions for the merchandises’ transport without being damaged.

 

Exchanges

If you want to exchange a product, you will first have to send us the one you have received following the above return procedure. Then, you can make a new order.

 

Refund

Once your package is checked and the return accepted, you will choose to be refunded within 15 days or to get a credit valid during 1 year on the Website: www.diego-garcia.fr

 

9. RIGHT OF WITHDRAWAL

In accordance with the disposition of the article L.121-21-2 of the law n°2014-344 relative to the consumption, the Client has a delay of 14 wording days to exercise his right of withdrawal sending the right or withdrawal’s request by email at customer-service@diego-garcia.fr or by LRAR to Diego Garcia: 9 rue des Suisses 92380 Garches - France. The period shall run from the delivery day. The Client then has a maximum period of 14 days to return, at his cost, the ordered product(s) if it (them) did not give him satisfaction, or the cancel of his order. The Client also got the possibility to return directly his order including the information request form given in the package, in a maximum period of 14 working days. The period shall run from the delivery day.

However, in accordance with the disposition of the article L.121-20-2 of the Consumption Code, this right of withdrawal is not applicable for the Product(s) manufactured according to client’s specifications or clearly customized.

Product(s) will be returned in its original non-opened package and packaging and follow the process described in the 8th article of those General Terms of Sale. The Website does not accept packages with postage due. Any risk relative to the return of the products is the Client’s responsibility. If all the mentioned conditions are met, the Website will refund the order’s amount to the Client, except customs fees and return costs within 14 days after the withdrawal date, in accordance with the article L.121-20-1 of the Consumption Code. If the product has been bought during a promotion or given with a gift, the Client will have to give back the promotion or gift with the Product returned. Otherwise, the Website will charge the cost of the premium to the Client.

 

Exception

The right of withdrawal is not applicable for the customized products or manufactured under client’s specific indications. The article L.121-21-8 of the law n°2014-344 relative to the consumption refers, in an undifferentiated way, tailor-made and non-standard products (specific sizes, material choice, initial adding, customized colors, etc.) including specific modifications. Chemiserie Diego Garcia does not grant any withdrawal additional time for customized products. You are related to your order as soon as the payment has been registered. A mention appears when you customize your product to inform you about this condition. Thus, you have all the necessary information before finalizing your order.

 

Example of withdrawal request form

  • To……………………………………………………………………………………………………………

……………………………………………………………………(Name and address of the company) (*)

  • • I/We (**) undersigned notify my/our (**) contract’s withdrawal:
  • • Contract entered into (*) : ...…………………………………………………………………………………..
  • • Name of the client(s) (***) : …………………………………………………………………....

………………………………………………………………………………....……………………..........

  • • Client(s) ‘s address(s) (***) :

………………………………………………………………………………....…………………………..

………………………………………………………………………………....…………………………..

  • Client(s) ‘s signature (only if this for form is written):
  • Date (***) :

Confirmation of reception:

Client’s signature:

 (*) Field to fill in by the company before sending it to the client

(**) Cross out the useless mention

(***) Field to fill in by the client when this form is used for a contract withdrawal

Confirmation of reception:

Client’s signature:

 

10- LIMITATION OF LIABILITY

  • Diego-Garcia.fr S.A.R.L and its partners’ obligations concern means.
  • Diego-Garcia.fr S.A.R.L and its partners should not be held responsible for a non-conform use of its Products.
  • Diego-Garcia S.A.R.L and its partners should not be held responsible (i) for the loss, deterioration or fraudulent access to our Clients’ personal data, (ii) for accidental transmission of virus or any other damaging content which result from the Internet access or email transmission.
  • Diego-Garcia.fr S.A.R.L and its partners do not guarantee that the Website is continuously available, without any temporary interruption, suspension or bug.
  • Without limiting the foregoing of the General Terms of Sale’s dispositions, Diego Garcia’s responsibility will be held if the fault can be proved and will be exclusively imputable. In any case, it will be limited to the direct damages.
  • Diego-Garcia.fr S.A.R.L and its partners reserve the right to suspend the Website’s exploitation.

 

11- NOMINATIVE INFORMATION

The intelligence of nominative information collected within the distance selling is obligatory. This information is necessary for the treatment of the order’s delivery and for the invoices. This information is strictly confidential. The lack of information causes an automatic refusal of the order.

In accordance with the law n° 78-17 of 6 January 1978 relative to technology, files and liberties, personal data collected on the Website is subject to a declaration to the National Commission for Data Protection and Liberties (CNIL-France) registered under number 1867362 v 0. The Client has the right to access, to change, to adjust or rectify, to suppress his personal data.

To exercise this right, the Client has to send an email to customer-service@diego-garcia.fr or LRAR to Diego Garcia, 9 rue des Suisses 92380 Garches - France.

The Client might receive emails from the Website to inform him about Diego Garcia’s Products and activities. The Client has the right to decline, a posteriori, this communication giving or not his approval while creating his customer account and whenever he wants in his account pages. He will just have to click on the email inscription link or to send an email to customer-service@diego-garcia.fr.

In accordance with the current regulation, «the direct prospection is authorized is the contact details has been given by himself, in conformity with the dispositions of the law n°78-17 of the 6th January 1978 during a sale, a service, if the direct prospection is about related products and services provided by the same natural or legal person and if the receiver has, directly and without any ambiguity, the possibility to refuse, without any additional cost except for the ones he has directly gave, the use of his data when it is collected and each time he receives a prospection email».

 

12- FORCE MAJEURE

Diego-Garcia.fr S.A.R.L and its partners cannot be held responsible for the total or partial non-execution of its obligations if this non-execution is caused by a fortuitous event or the occurrence of a force majeure constitutive element such as (non-exhaustively) flood, fire, storm, lack of raw material, transit strike, total or partial strike, lock-out. Those events represent a cause of suspension and/or extinction of Diego Garcia.fr S.A.R.L and its partners’ obligations regarding the Client, without any compensation for the Client.

 

13. PERSONAL DATA

Personal data is related to the Products sold on the Website, to photos, texts, illustrations, videos, animations, programs, graphic charter, utilities, database, software which are protected by the Personal Data Code legislation and remain Diego-Garcia.fr S.A.R.L’s exclusive property as well as the right of exploitation. In these conditions, it is forbidden to copy, exploit, spread or use personal data rights, in any way, even partially, without Diego-Gacia.fr S.A.R.L’s approval. Diego Garcia’s brands and logos are trademarked. Any kind of reproduction represents a counterfeit.

 

14. COOKIES

The Website might implement a «cookie» (alphanumeric identifier) in the hard ware of the visitor’s computer in the aim to be able to recognize him for his future visits on the Website.
His presence is notified to the visitor by the mention «we use cookies to improve our Website, your shopping experience and to bring you the best service. By proceeding your visit, you accept their use». We remind that the visitor can deny the registration of «cookies» on his hard ware by configuring his navigation software to that effect. Thus, we recommend to refer to the instructions of use («Help» section in the browser’s toolbar) of the navigation software or to obtain further information from the browser’s editor. To get more information about our cookie policy, please refer to our «Privacy Policy» section. (*)

 

Personal data collection form

Diego-Garcia.fr

The information collected are subjected to a computer processing aimed to improve our Website regarding to specific services such as preferences’ memorization, website’s updating and newsletters’ sending.

Diego-Garcia.fr is the unique beneficiary of your personal data and cannot communicate it to a third party.

According to the Data Protection law of 6 January 1978 modified in 2004, you have the right to access and rectify your personal information that you can exercise by sending a mail to: Diego Garcia Data Protection, 9 rue des Suisses 92380 Garches - France.

You can also, for any legitimate reason, set against the treatment of your personal data.

 

15. ENTIRE CONTRACT

The General Terms of Sale, the General Terms of Use and the order’s summary sent to the Client represent a contract grouping and the entire contractual relationship between the parties.

 

16. LAW APPLICATION - LITIGATION

The French law governs those General Terms of Sale and contractual relationship between the parties. Any objection or contestation that results from the interpretation of those General Terms of Sale should exclusively be dealt with the Nanterre tribunal.

 

(*)www.cnil.fr