Terms and Conditions of sale
These Terms and Conditions of sale (the “Sales Terms”) are the terms which apply when you access the website “https://www.dfly-paris.com” (the “Online Shop”) and place orders to purchase any of the Products made available to you on the Online Shop (“Products”).
The Online Shop is owned by and operated by DFLY PARIS, having a capital of 181.800 Euros, whose registered office is at 12, rue de la Chaussée d'Antin - 75009 Paris - France, Company Registration number 879 651 396 (hereinafter referred to as “DFLY PARIS”, “we”, “us” or “our” as the context may require).
By accessing the Online Shop or when you place orders to purchase any of the Products on the Online Shop you agree to be bound by and accept these Sales Terms. We recommend that you keep a copy of these Sales Terms for future reference.
1# Changes to Sales Terms
We reserve the right to change or modify these Sales Terms including for legal, regulatory or security reasons at any time. Notwithstanding the foregoing, we undertake to apply the Sales Terms of the date of ordering process for each order placed on the Online Shop. Whilst we will flag changes on the Online Shop and/or send emails in relation to major changes, it is your responsibility to check the Sales Terms for changes. If you do not agree to any of the Sales Terms then you can simply stop using the Online Shop at any time. If you have any questions, concerns, or comments about our Sales Terms please email us at email@example.com.
2# Service availability
Products ordered through the Online Shop are delivered worldwide.
Every national of the European Community and the countries respecting the directive 95 / 46 / CE cannot exploit his (her, its) misunderstanding linguistic as clause of cancellation of the contract.
Some restrictions are placed on the extent to which we accept orders from specific countries.
We do not guarantee the availability of any Product in the Online Shop. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product.
3# Order Processing and Contract Formation
To make it easier for you to order Products using the Online Shop, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Online Shop and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately by email to firstname.lastname@example.org, if you become aware or suspect any unauthorized use of your password or username.
Your order via our online purchase order form is considered as a binding offer to buy the Products you select from the Online Shop. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. We will send you an email acknowledging receipt of your order. All communications will be addressed to the email address you supply when you register. Please note that this does not constitute acceptance by us. The contract for purchase of the Product is formed when we send you a dispatch confirmation email as described below.
You may select items from our range of Products, details of which will be added to the “Shopping Bag” by clicking on the “Add to Bag” button. By clicking on the “Checkout” button in the Shopping Bag, you submit an offer to buy the Products in the Shopping Bag. As soon as this offer is accepted by us via an Acceptance Email (as described below) your order forms a binding contract of sale between you and us.
Before placing an order you can view and amend your order details at any time by clicking on the “Shopping Bag”.
You will automatically be sent an email confirming receipt of your order (the “Confirmation Email”) with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received your order. Please check that all details in the Confirmation Email are correct. If not, or if you do not receive a Confirmation Email please contact us immediately on email@example.com.
We will send a second email which shall constitute our acceptance of your order (the “Acceptance Email”) at which point a binding contract of sale will be concluded between you and us. This Acceptance Email will also indicate the time-frame within which we will deliver the Product(s).
4# Your use of the Online Shop
By accepting the Sales Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Online Shop you will not: (i) use the Online Shop in any way that causes, or is likely to cause the Website or access to the Website to be interrupted, damaged, or impaired in any way; (ii) use the Online Shop for any purpose that could damage the name of DFLY PARIS or any goodwill attached to the Online Shop; (iii) use the Online Shop for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Online Shop security measures; nor (v) use the Online Shop for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Online Shop at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
5# Prices, delivery charges and Payment
The price payable for the Products shall be as shown on the Online Shop. Prices advertised on the Online Shop exclude delivery charges or any applicable taxes which may be applied in your jurisdiction. Delivery charges are shown separately when ordering and must also be paid in advance.
Prices are subject to change without notice but changes will not affect orders which we have already accepted.
The Online Shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Online Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Online Shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
Payment for your products must be made via credit or debit card, or other means as specified on the payment page, if applicable.
The full payment price, including delivery charges and any additional charges for services you may have ordered, will be debited from your card upon or shortly before dispatch of the products to you.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
6# Delivery and ownership
Unless otherwise stated, delivery will be made from our warehouse to the address provided by you. We shall endeavor to dispatch the Product before the deadline as specified in the Acceptance Email. If we are unable to dispatch the Product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund.
We shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond our reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
As soon as the Product is delivered to you, you are responsible for it. Besides, we retain full legal title to Products until we have received all amounts due on the ordered Products.
We want you to be happy with your purchase from us. If you are unhappy with the Product in any way (for example if there is obvious damage to the item from transport or packaging damaged during transport) please contact our Customer Service on firstname.lastname@example.org as soon as possible.
7# Return and refund
If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please contact us as soon as possible at email@example.com.
We will do our best efforts, and our only obligations will be, at our option to:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any Products that are damaged or defective; or
- refund to you the amount paid by you for the Products in question.
In the event we accept the return of any purchased Product, you must return the Product in its original package (including all accessories, user manuals and any free gifts that came in the same package). Please treat the Product with care and return it in the condition that it was delivered to you; if possible, use the original delivery package or pack the Product securely. We recommend that returned Products are sent via an insured, traceable delivery service.
French Mail will not deem a parcel to be lost until it has been in the postal system for a period of twenty (20) working days for International orders. Although it is highly unlikely deliveries will take this amount of time we are unable to dispatch a replacement or issue a refund until this period of time has elapsed. If you have ordered a large item, please check that your local post office is not holding it for collection.
Replacement or refund can only be processed once we have received the Product to be returned.
If you return a Product
- that you are not entitled to return,
- that is not in its original condition,
- that is without proper or missing packaging,
- with items missing from the return delivery,
- without following our return instructions, or
- have otherwise failed to exercise reasonable care when taking care of and returning the Product, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you, reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the Products by crediting your payment card fourteen (14) calendar days after the date of receipt of the delivery.
8# Right to cancel
If you are a consumer you have the right to cancel your order with us within fourteen (14) working days from the day after you receive your Product(s). In this case we will issue you with a full refund including any delivery charges paid at the time of order.
Return of Product by exercising your right to cancel:
We hope you will be happy with your purchase from us. If not, you have the right to return the Product(s) to us and receive a full refund provided:
- you notify us in writing, that you are cancelling your purchase, within fourteen (14) working days from the day on which you received your Product(s);
- you have taken reasonable care of the Product(s) prior to return - in particular this means they must not have been damaged;
- you may give us notice of cancellation by any written means (including email, fax or letter), but it will speed up the process for you and us if you contact us by email at firstname.lastname@example.org;
- you will be responsible for the cost of returning the Product(s) to us.
Please return the Product in suitable packaging to ensure it reaches us in good condition.
We will refund the purchase price and original delivery charge of any Product(s) returned no later than fourteen (14) days from the day when you give us notice of cancellation.
Please note that if you fail to take reasonable care of returned Product(s), or fail to return the Product(s) to us, we will be entitled to make a claim against you for any losses which we suffer.
Exceptions to the right to cancel
The consumer will not have the right to cancel the contract by giving notice of cancellation in respect of contracts:
- (a) for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
- (b) The supply of sealed goods that are not fit to be returned for reasons of protection of health, hygiene and which were unsealed after delivery.
9# Our legal obligations and our limitation on liability
You have certain rights under the law. These include that any Product supplied by us will be of satisfactory quality which means guaranteed against all manufacturing or material defects. Nothing in these Sales Terms is intended to affect these statutory rights.
If we breach these Sales Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. We provide no guarantee for the constant and uninterrupted availability of the Online Shop.
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Without prejudice to the foregoing, nothing in these Sales Terms shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by applicable law.
Nothing in these Sales Terms shall affect your statutory rights as a consumer, or your right of withdrawal as per Clause 8 above.
10# Intellectual property rights
Your use of the Online Shop grants no rights to you in relation to copyright, design rights, trademarks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Online Shop to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Online Shop which are required in the process of using the Online Shop as a shopping resource. The content of the Online Shop may not be used for any other purpose without our express written permission.
You agree to indemnify, defend and hold harmless DFLY PARIS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these Sales Terms, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
12# Import duty
If you order Products from the Online Shop for delivery outside France, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13# Archiving data
The archiving of our order, forms and invoices, is done on reliable and long lasting supports in order to provide a true and long lasting copy in compliance with French laws.
14# Contact details
Our customer service will assist you with any questions. You can contact us by email to email@example.com. Our support is provided in both English and French.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Sales Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Sales Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Sales Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17# Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Online Shop, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Online Shop. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18# Entire agreement
These Sales Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Sales Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Sales Terms.
19# Disputes / Applicable law
These Sales Terms shall be subject to French law, unless otherwise required by Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). In the event of any difficulty arising from the ordering or delivery of the Products and before any legal action is taken, the Customer shall have the opportunity to seek an amicable solution with DFLY PARIS and to have recourse to TBD, a consumer mediator service to which DFLY PARIS subscribes.
To submit a dispute to the mediator, the Customer may send his/her request by regular or registered mail to DFLY PARIS 12 rue de la Chaussée d'Antin, 75009 Paris, France, or send an email to firstname.lastname@example.org. Whatever the means used to contact DFLY PARIS, the Customer’s request must contain the following elements to be processed quickly: its postal address, email address and telephone number, as well as the full name and address of DFLY PARIS, a brief statement of the facts, and proof of the steps taken by the Customer with DFLY PARIS prior to referring the matter.
The Customer remains free to accept or refuse mediation and, in the event of recourse to mediation, each party is free to accept or reject the solution proposed by the mediator. In the absence of an amicable solution or recourse to mediation, all disputes arising from the general terms and conditions of sale shall be submitted to the competent court in accordance with the rules enacted by the Code of Civil Procedure and the Consumer Code.