These general terms and conditions of sale (hereinafter referred to as the "GTC") apply to Orders placed through the online merchandising sales service offered by the Company through e-boutiques created by artists in particular and which can be consulted from their personal pages and/or dedicated websites (hereinafter referred to as the "Service").
1 - DEFINITIONS
"Customer": a legal or natural person, aged 18 or over, registered on the Service and purchasing Product(s) online.
"Order": any purchase of Product(s) made from the Service by a Customer.
"Customer Account": account created by a Customer from the Service and allowing him/her to access his/her identification data, to follow his/her Orders and to consult his/her payment history.
"Company": DIFY GROUP, Z.I. de Bellevue, Rue Blaise Pascal 35220 CHATEAUBOURG, SAS with a capital of 341,342.60 Euros, registered in the Rennes Trade and Companies Register under number 492 539 523, intra-community VAT number: FR24492539523.
"Products": physical merchandising products (such as clothing, goodies, etc.) reproducing personalised content linked to a group or an artist, as well as any physical recording media such as CDs or DVDs and/or any other type of product that the Company may market on the Service.
"Customer Service": service made available to the Client by the Company from Monday to Friday from 9am to 7pm and allowing the processing, via the "Order Details" section of their Client Account, or by post to the following address Z.I. de Bellevue, Rue Blaise Pascal 35220 CHATEAUBOURG, of any possible complaints from Clients.
2 - APPLICATION OF THE GCV
These GTC come into force as soon as the Customer places an Order under the conditions of article 4 below. The Client thus undertakes to consult these GTC and to validate them before each Order by ticking the box provided for this purpose, in accordance with article 4.2.
These GTC, which the Company reserves the right to modify at any time, shall prevail over all other documents or conditions, unless the Company issues special conditions, which the Client expressly declares that he/she is aware of and accepts.
Only the version of the GTC that is online at the time the Client places the Order, in accordance with article 4.2, shall apply between the Company and the Client.
3 - CREATING A CLIENT ACCOUNT
3.1 Access to the Service requires the Client's prior registration by means of the form made available to them when they first connect to the Service in order to place an Order.
As part of the registration process, the Client shall provide the Company with the following identification details:
Name / First name / Company name
Delivery address / Billing address
3.2 All duly completed registration requests are sent to the Company, which acknowledges receipt by e-mail and enables the activation of a Client Account.
3.3 The Client is solely responsible for the confidentiality of his/her password and identifier as well as any Order placed through his/her Client Account. The Customer also undertakes to ensure that the information provided as part of the registration process is accurate, complete and regularly updated in the Customer Account.
4 - ORDERS
4.1 Orders may be placed anywhere in the world. Any Order placed by a Customer residing outside French territory shall be processed in accordance with these GTC, subject to the legal provisions otherwise applicable in the country where the Customer placing the Order is domiciled.
4.2 To place an Order, the Customer undertakes to comply with the following procedure, which consists of
selecting the Products (by entering the desired size and quantities) ;
identify themselves on the Service by logging into their Customer Account
view their Order summary (displaying the detailed prices of each Product as well as the total price of their Order)
select their delivery method;
validate their Order by clicking on the "Order validation" link;
proceed to payment by clicking on the "payment confirmation" link or any other link indicating that placing an order requires payment.
Provided that they have not yet confirmed their payment, Customers may go back to their choice of Products at any time, rectify any errors made when entering their Order and/or modify all or part of their identification data (including their billing and/or delivery address).
Any confirmation of payment requires the acceptance of these GTC, which the Customer undertakes to validate, after having read them in full, by ticking the box provided for this purpose.
4.3 Payment for the Order shall be made by bank card (Visa, American Express, Master Card, other credit cards) or by any other secure online payment method indicated to the Client.
All Orders placed by the Company shall be debited before dispatch.
4.4 A confirmation e-mail is sent to the Client as soon as payment has been received and the Company has checked the availability of the Products in stock.
The sending by the Company of a confirmation e-mail definitively validates the Client's Order. However, if, for whatever reason, the Company is unable to process an Order, it shall inform the Client by e-mail as soon as possible and shall proceed to reimburse the Client, provided that it has already collected the amount.
4.5 The Order confirmation e-mail that the Company sends to the Client in accordance with this article 4 shall contain a link to log in to the Client's account in order to download the invoice format, as well as the version of the General Terms and Conditions of Sale in force on the date of validation, in accordance with article 4.2, of the Client's Order. This e-mail also indicates an estimated delivery date.
5 - PRICE
The price is indicated in euros, including all taxes (including processing and shipping costs).
The Company reserves the right to modify its prices at any time.
All orders are invoiced on the basis of the prices in force at the time of validation, in accordance with article 4.2, of the Client's Order.
Once the price has been paid in full, ownership of the Products is transferred to the Client.
6 - DELIVERY
6.1 The Products shall be delivered to the address provided by the Client and within the delivery period indicated in the confirmation e-mail sent by the Company, in accordance with article 4.4, upon receipt of the Client's payment.
6.2 The following delivery methods are offered to the Client:
standard delivery :
Delivery by post with an average delay of 2 to 15 working days depending on the delivery destination indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, the parcel is made available at the post office to which the Customer is attached. The Customer has a period of 15 consecutive days from the arrival of the parcel at the post office to collect it. After this period, it will be returned to the Company.
colissimo delivery :
For Metropolitan France (including Corsica and Monaco) and Belgium:
- Mon Domicile" service:
Delivery with an average delay of 48 hours (2 working days) to the delivery address indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, a delivery notice is left for him/her and the parcel is made available to him/her in the post office to which the Customer is attached. The Customer has a period of 10 working days from the arrival of the parcel at the post office to collect it. After this period, it will be returned to the Company.
- My Trader" service:
Delivery with an average delay of 48 hours (2 working days) to the address of the indicated trader. The Customer receives an e-mail informing him/her of the availability of the parcel. The Customer has 10 working days from the arrival of the parcel at the post office to collect it. After this period, it will be returned to the Company.
For destinations other than metropolitan France (including Corsica and Monaco) and Belgium:
Delivery with an average delay of 5 to 15 working days depending on the delivery destination indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, a delivery notice is left for him/her and the parcel is made available in the post office to which the Customer is attached. The Customer has a period of 15 consecutive days from the arrival of the parcel at the post office to collect it. After this period, it will be returned to the Company.
6.3 In the event of a delay in shipment, the Client will receive an e-mail indicating a new delivery date.
7 - WITHDRAWAL
7.1 In accordance with the legislative provisions in force, the Client has, subject to Article 7.3, a period of 14 (fourteen) days from receipt of the Product to exercise his/her right of withdrawal as provided for in Article L. 221-18 of the French Consumer Code, without having to give reasons for his/her decision. However, any personalised product may not be returned or exchanged.
7.2 The request for withdrawal is sent to the Company by the Client :
either by returning the withdrawal form (available on the website https://support.difygroup.com/hc/fr) duly completed and signed to the address where the Product was sent;
or by logging into their Client Account under the heading "Order details".
The Products shall be returned by the Client by post, at the Client's expense, to the address of the place of dispatch of the Products or to any other address indicated to the Client from the Client's Account by the Company no later than 14 (fourteen) days following the date on which the Client sends the Company the withdrawal form.
7.3 In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised if the Products, particularly in the case of audio or video recordings such as CDs or DVDs, have been unsealed or, more generally, if they have been damaged by the Client.
In the event of withdrawal, the Product(s) must be returned to the Company in their packaging, in the case of CDs and/or DVDs, and in any event in their original condition (i.e. in new condition enabling the Company to reoffer the Products for sale). Consequently, any item of clothing that has been worn or damaged and/or any CD and/or DVD that has been unsealed will not be taken back or reimbursed by the Company.
7.4 In the event of withdrawal in accordance with this article 7, the Company is obliged to reimburse, with the exception of the cost of returning the Products, which are to be borne by the Client, all sums paid (including delivery costs) by the Client, no later than 14 (fourteen) days following the date on which the Company receives the Client's withdrawal form.
8 - CANCELLATION
8.1 In accordance with Articles L. 216-1 et seq. of the French Consumer Code, and in the event that the Company fails to comply with the delivery deadline indicated in the confirmation e-mail sent to the Client pursuant to Article 4.4 above, the Client shall have the option, subject to Article 8.2, of cancelling the Order by sending a registered letter to the Company after an initial formal notice, already sent by registered mail to the Company and enjoining it to carry out the delivery as soon as possible, has remained without effect.
In such event, the Order shall be cancelled upon receipt by the Company of the registered letter notifying it of such cancellation unless the Order has actually been delivered by the date of receipt of such letter by the Company.
8.2 No cancellation is possible in the event of late delivery due to an address error attributable to the Client.
8.3 In the event of cancellation, in accordance with this clause 8, the Company shall be obliged to refund all sums paid (including delivery charges) by the Client no later than 14 (fourteen) days following the date on which the Company receives the letter from the Client notifying it of the cancellation. However, any personalised product can neither be returned nor exchanged.
9 - CLIENT'S COMMITMENT
9.1 The Client declares that he/she is of legal age or, failing that, undertakes to obtain the authorisation of his/her parents or guardian exercising parental authority prior to his/her registration, the latter remaining in any event guarantors of compliance with these GTC, which the Client expressly declares that he/she is aware of and accepts.
9.2 The Customer undertakes to make strictly personal use of the Products ordered from the Service, excluding any commercial purpose.
9.3 More generally, the Client undertakes to comply with all the terms and conditions of these GTCs and to keep, if necessary by printing them, all copies of the GTCs sent to it by the Company in accordance with article 4.4 above.
10 - GUARANTEES OF THE COMPANY
10.1 The company DIFY GROUP, Z.I. de Bellevue, Rue Blaise Pascal 35220 CHATEAUBOURG guarantees the conformity of the goods to the contract. The Products sold from the Service benefit from the legal guarantee of conformity provided for in articles L-217-4 to L.217-12 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
10.2 Under these guarantees, the Company undertakes, at the Client's discretion, to reimburse or exchange any defective Products, which have suffered deterioration before receipt and/or which do not correspond to the Client's Order, provided that the Client informs the Company immediately upon receipt by contacting Customer Service by e-mail or post at the following postal address DIFY GROUP Z.I. de Bellevue, Rue Blaise Pascal 35220 CHATEAUBOURG.
10.3 In this respect, it is specified that the Company will exchange and/or reimburse the said Products, provided that, in the event of a non-conforming Order, the Products concerned are returned to it under the conditions of article 7.3 and, in the event of deterioration, that this is imperatively mentioned on the delivery note. The cost of returning the Products will be reimbursed by the Company to the Client upon presentation of the relevant proof.
10.4 The Company undertakes to archive any Order (including delivery notes, invoices and the current version of these GTC) for an amount of more than 120 euros exclusive of tax, in accordance with the legislative provisions in force, for a period of 10 years.
10.5 It is recalled that the Company is liable for defects in the conformity of the goods to the contract under the conditions of Article L.217-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions set out in Articles 1641 et seq. of the French Civil Code. It should be remembered that :
- when acting under the legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act and may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- The consumer is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. For goods sold second-hand, this period is set at six months.
- the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
- the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.
11 - PERSONAL DATA
11.1 The Company undertakes to respect the confidentiality of the personal data communicated by the Client in accordance with these GTC and to process them in compliance with the French Data Protection Act No. 78-17 of 6 January 1978. The processing of information collected by the Company has been declared to the French National Commission for Information Technology and Civil Liberties (CNIL) (No. 1540356), and the Client has the right to access and rectify his/her personal data at any time from his/her Client Account.
11. 2 The Company informs the Client that his/her data will be processed and used within the limits of what is necessary for the proper functioning of the Service and kept as proof of the contract and may also be communicated, which the Client expressly declares he/she knows and accepts, by the Company to the phonographic producers, artists and/or manufacturers of Products sold through the Service in order to process Orders in accordance with the present General Terms and Conditions of Sale as well as to send e-mails containing commercial offers, if any, and/or to keep the Client up to date with the latest news about the artists and/or labels whose Products have been purchased through the Service, notably by way of newsletters. Any other use of the Customer's personal data shall be subject to the Customer's prior authorisation.
11.3 In order to prevent it from being distorted, damaged or accessed by unauthorised third parties, the Company undertakes to make its best efforts to ensure the security of personal information collected from the Service.
12 - FORCE MAJEURE
The Company shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCs results from a case of force majeure, as defined and retained by the case law of the French courts and tribunals.
13 - MISCELLANEOUS
The consumer may refer the matter either to one of the territorially competent courts under the Code of Civil Procedure, or to the court of the place where he/she lived at the time of the conclusion of the contract or the occurrence of the harmful event. The customer, pursuant to Article L. 616-1 of the Consumer Code, may have recourse free of charge to the Company's consumer mediator, with a view to the amicable resolution of the dispute, whose contact details are
60, rue de la Boëtie