GTC - Dayvia store
ARTICLE 1: GENERAL PROVISIONS
These general conditions of sale are concluded between the company HAMELIN SAS – Simplified joint stock company with capital of €2,800,000 whose registered office is located at Avenue du Général HARRIS 14000 CAEN RCS de CAEN n° 552 132 961 n° TVA FR 26 552132961 – (hereinafter referred to as “DAYVIA”) and any person wishing to make a purchase (hereinafter referred to as the “Customer”) via the website www.dayvia.com (hereinafter referred to as the “Site”). DAYVIA and the Customer will be collectively referred to below as the “Parties”.
It should be remembered in this respect that DAYVIA is a subsidiary of the company HOLDHAM, owner of the Site, the company HOLDHAM making the Site available to DAYVIA to market its products.
These general conditions constitute a distance selling contract, defining the rights and obligations of DAYVIA and the Customer in connection with the sale of the products referenced on the Site (hereinafter referred to as the "Products").
Customers are exclusively consumers, defined as natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
The fact of placing an order via the Site implies the Customer's full and unreserved acceptance of these general conditions, to the exclusion of all other documents such as prospectuses, promotional catalogs, description of the Products issued by DAYVIA which have only an indicative value. In this respect, the validation of the order confirms the full acceptance of these general conditions by the Customer.
These general conditions may be modified at any time and without notice by DAYVIA, the modifications then being applicable to all orders subsequent to this modification. DAYVIA may be required to modify certain stipulations of its general conditions of sale from time to time, so the Customer is advised that these are systematically reread before each order validation. In any case, the general conditions of sale are those applicable on the day the order is placed by the Customer.
The fact that one of the Parties does not take advantage at a given time of one of these conditions cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date. The cancellation of a clause of these general conditions will not affect the validity of general conditions as a whole.
These general terms and conditions of sale are supplemented by the General Terms and Conditions of Use of the HOLDHAM Company Site and by DAYVIA's Privacy and Cookies Policy .
These general conditions only concern purchases made by Customers located in metropolitan France (including Corsica) and delivered exclusively in this territory. DAYVIA reserves the right to refuse any order whose delivery address is not located in the aforementioned territory.
For any question or complaint relating in particular to the Products, to their order, to the right of withdrawal, to the application of the Product guarantee or to the Site, the Customer may contact DAYVIA at the following coordinates:
By mail : UNILUX – DAYVIA E-commerce Service - 17 Avenue du Parc 91380 Chilly Mazarin France
By phone : 01 81 86 06 18
By email : contact@dayvia.com
ARTICLE 2: THE SITE
The entire content of the Site or any advertising documentation (illustrations, texts, labels, brands, images, videos) is the property of DAYVIA or is used with the authorization of the holders of the rights in question. Any full or partial reproduction, as well as the creation of hypertext links, are prohibited, unless DAYVIA gives its express and prior authorization.
ARTICLE 3: PRODUCTS
3.1 PRESENTATION OF PRODUCTS
The presentation of the Products offered by DAYVIA on the Site allows the Customer to know the essential characteristics of the Product he wishes to order.
DAYVIA takes the greatest care in posting information relating to the essential characteristics of the Products online, in particular by means of technical descriptions and/or photographs illustrating the Products.
In any event, DAYVIA cannot be held liable for any changes or errors concerning the description of the characteristics of the Product purchased, unless, however, the essential characteristics of the Product are affected.
The photographs, illustrations and texts appearing on the Site are not contractual.
3.2 AVAILABILITY OF PRODUCTS
The Products are offered for sale within the limits of available stocks, manufacturing possibilities and supply possibilities from DAYVIA's suppliers.
The availability of the Products is indicated during the selection of the Products, subject to possible synchronization errors of the computer system of DAYVIA. In any case, the availability of the Products will be definitively validated during the confirmation of dispatch of the order which will be sent to the Customer by e-mail.
In the event that one of the Products ordered is not available during the preparation of the Customer's order, DAYVIA undertakes to contact the Customer as soon as possible in order to inform him of the deadlines within which this Product may be necessary to be delivered. If this delay is too long, the Customer may choose to cancel his order and the sums paid will then be refunded to him as soon as possible.
ARTICLE 4: ORDERS
The Customer declares to have the capacity to conclude this contract, that is to say to have the legal majority and not to be under guardianship or curatorship.
The Customer will place an order in accordance with the instructions given to him on the Site.
The information that the Customer provides to DAYVIA when placing an order and/or on its registration form must be complete, accurate and up-to-date. In any case, the Customer is responsible for the information entered on his registration form and when taking the order. In the event of an error (name, address, etc.), DAYVIA cannot be held responsible for any shortcomings or delays caused in the delivery of the Products.
The Customer's order will only be final upon payment of the corresponding price, hereinafter specified in Article 5 hereof. In other words, payment by the Customer firmly and definitively formalizes the distance selling contract concluded with DAYVIA.
Once the order has been paid, the Customer can print the page summarizing his order. In any case, the Customer will receive an order confirmation by e-mail, accompanied by the form for the possible exercise of the right of withdrawal, at the latest at the time of delivery. The summary of the order must be kept, it constitutes proof of the Customer's order and of the contract binding the Parties.
DAYVIA reserves the right not to accept an order for a legitimate reason such as in particular a problem concerning the understanding of the order received, a foreseeable problem concerning the delivery or even an abnormality of the quantities ordered with regard to the current needs of a consumer. or an abnormality in the prices displayed on the site due to a technical problem. In this case, DAYVIA will inform the Customer by e-mail as soon as possible in order to validate or not the acceptance of the order.
DAYVIA also reserves the right not to satisfy any request from the Customer which would be exorbitant or derogatory to common law and/or its general conditions or in the event of an ongoing dispute with the Customer, in particular in the event of unpaid bills from the Customer concerning previous orders placed via the Site or by any other means, these cases being considered as legitimate reasons. In such cases, DAYVIA cannot be held liable under any circumstances.
ARTICLE 5: PRICE AND PAYMENT
The Products are invoiced according to the price in force mentioned on the Site on the day of the sale. The prices are indicated in euros and include all taxes, the applicable VAT being that in force at the time of invoicing. The prices indicated do not include any delivery costs for the Products, invoiced in addition and clearly indicated to the Customer before the validation of his order.
Transport costs are indicated on the " delivery " tab
These costs are determined according to the methods of transport, the amount of the order as well as the destination.
The total price of the order is in any case indicated at the end of the online order, before its validation and corresponds to the price of the Products including tax to which is added the possible price of transport.
In any case, DAYVIA reserves the right to modify its selling prices at any time. However, no modification after the order has been taken can be applied by DAYVIA. The price applicable to the Products ordered is that appearing on the Site on the day of the order.
Orders are payable in euros, in full and in cash. At no time can the sums paid be considered as a deposit or down payment.
Payment is made by credit card via PayPal or Stripe.
As soon as the payment has been validated, the Customer receives confirmation of his order by e-mail, accompanied by the invoice.
ARTICLE 6: DELIVERY / RECEIPT
6.1 DEADLINES
Delivery times for Products are given for information only, unless there is an express written commitment by DAYVIA on firm dates and times.
In the event of a foreseeable delay in delivery, DAYVIA will inform the Customer as soon as possible by e-mail and provide him with an estimate of the additional delivery time.
In any case, unless otherwise indicated, DAYVIA undertakes to deliver to the Customer within a maximum period of 10 working days from the conclusion of the contract.
DAYVIA cannot be held responsible for any delay or failure to receive due to a case of force majeure or fault on the part of the Customer such as the absence of the latter at the time of delivery or the non-collection of the Products in the event of relay point delivery.
Failing delivery within the expressly agreed period, or, failing this, no later than thirty (30) days after the conclusion of the contract, the Customer may give formal notice to DAYVIA, by registered letter with acknowledgment of receipt, to proceed with the delivery within a reasonable additional time. In the absence of performance by DAYVIA within this new period, the Customer may terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered terminated upon receipt by DAYVIA of this letter, unless DAYVIA has performed in the meantime.
6.2 DELIVERY
Deliveries of Products take place only in mainland France (including Corsica).
The delivery can take place, at the Customer's choice:
- To the delivery address provided by the Customer when ordering on the Site;
Or
- At the relay point selected by the Customer when ordering on the Site from among those offered to him. The choice of Relay Point is made after payment of the order.
- Delivery to the address provided by the Customer
The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering.
DAYVIA can not in any case be held responsible in the event of delay and/or non-delivery due to a false or incorrect address or to which delivery would prove impossible.
Delivery is deemed to have been made by DAYVIA upon delivery of the Products ordered in person against signature, or upon collection from the post office.
In the event of the Customer's absence at the time of delivery, a transit advice note or any other document will be filed and/or sent to the Customer. It will then be up to the latter to follow the recommendations indicated to have their order delivered or to withdraw their order.
DAYVIA draws the Customer's attention to the fact that if the package is left in the mailbox and therefore without the latter's signature, the carrier informs DAYVIA that the package has been delivered by computer. Consequently, any contestation of actual delivery in the mailbox may be rejected by DAYVIA if the carrier has indicated that it has actually delivered the package.
- Relay point delivery
The Products ordered by the Customer will be delivered to the relay point selected by the Customer, the latter being responsible for collecting the Products.
The Customer is informed of the delivery of the Products by email.
The Customer is then informed of the period during which he can withdraw his order.
As part of this withdrawal, the Customer must be provided with an identity document.
If the Customer does not collect the Products made available to him at the pick-up point within the period indicated to him, and after relaunch has remained unsuccessful, the package will be returned to DAYVIA or the shipping company. In this context, the Customer will be informed by email of the return of the package to DAYVIA. The Customer may in this context cancel his order and will thus be reimbursed or may request a new delivery, it being specified that this new delivery will be invoiced to him.
6.3 RECEPTION
The Customer is required to personally ensure receipt of the Products ordered and undertakes to sign, where applicable, the delivery note for the Products.
It is the Customer's responsibility to check the condition of the Products and their quantity upon receipt. This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip.
It is up to the Customer in the event of a dispute, deterioration of the Product during transport, damage, missing items or delays, to make clear and precise reservations on the delivery note. The Customer must confirm these reservations to the carrier, by registered letter with reasoned acknowledgment of receipt within three (3) days, not including public holidays, following receipt of the Products.
In accordance with Article L. 224-65 of the Consumer Code, when the Customer personally takes delivery of the items transported and when the carrier does not justify having given him the opportunity to actually check their good condition, the period mentioned above is extended to ten (10) days.
In the event of delivery to a relay point, if the Customer notices when withdrawing his order that the packaging of the parcel is damaged (damaged, torn, already opened, etc.), he must indicate to the relay point that he refuses the parcel and it will then be returned to the shipping company.
In any case, complaints about apparent defects or the non-conformity of the Product must be made to DAYVIA under the conditions provided for in article 9 of these general conditions and in particular with the help of photographs so that DAYVIA may possibly turn to the carrier.
ARTICLE 7: RIGHT OF WITHDRAWAL
7.1 EXISTENCE, ABSENCE OR LOSS OF THE RIGHT OF WITHDRAWAL
Pursuant to Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the Products ordered (the day of receipt of the Products ordered are not counted in the period, the latter starting to run the next day). If this withdrawal period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of lots or multiple parts whose delivery is staggered over a defined period, the withdrawal period runs from receipt of the last good or batch or the last piece.
7.2 TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise his right of withdrawal, when the latter can be exercised, the Customer must, within the period of fourteen (14) days indicated above, send DAYVIA the standard form for exercising the right of withdrawal or a declaration, unambiguous, expressing its desire to withdraw, to the address indicated in article 1 of these conditions.
Withdrawal form, here
In this context, the Customer must return the Product(s) at his exclusive expense, within fourteen (14) days of the communication of his decision to withdraw, in their original packaging, unused. and in perfect condition, without any traces or marks, with labels, all accessories and any gifts offered to the following address:
HAMELIN SAS
SALES ADMINISTRATION/E-COMMERCE SERVICE
Avenue du General HARRIS – 14054 CAEN CEDEX 4
The Customer is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, he may be held liable in the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and the proper functioning of the Products. Consequently, in the event that upon receipt DAYVIA observes the use of the Products, the product concerned cannot be the subject of any refund, the latter not being able to be resold in any way thereafter.
7.3 CUSTOMER REIMBURSEMENT IN CASE OF WITHDRAWAL
In the event of withdrawal by the Customer under the conditions set out above, DAYVIA undertakes to reimburse the Customer for all sums paid, including delivery costs, within thirty (30) days from the date on which it is informed of the Customer's decision to withdraw. Nevertheless, DAYVIA is entitled to defer this reimbursement until effective recovery of the Products or until the Customer has provided proof of their shipment, the date chosen being that of the first of these facts.
DAYVIA makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees that DAYVIA uses another means of payment and insofar as the reimbursement does not incur costs. .
In any case, DAYVIA is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by DAYVIA.
In the event of exercise of the right of withdrawal for part of the order, no reimbursement of the initial delivery costs will be due in the event of fixed delivery costs. Conversely, if the delivery costs depend on the number of Products ordered, the reimbursement of the delivery costs will be made pro rata to the Products ordered subject to the withdrawal.
ARTICLE 8: CUSTOMER OBLIGATIONS
The Customer undertakes to communicate to DAYVIA all the elements necessary for the proper execution of the orders. In this respect, the Customer remains responsible for the content and the accuracy of the information that he transmits to DAYVIA.
The choice and use of the Products are made under the sole responsibility of the Customer.
The Customer is required to ensure that the Products are maintained in good condition, to respect the storage instructions and to use them in accordance with their intended purpose, in particular by respecting the recommendations given by DAYVIA.
ARTICLE 9: LEGAL GUARANTEES / COMPLAINTS / RETURNS
9.1 LEGAL GUARANTEES
DAYVIA is liable for defects in the conformity of the goods to the contract under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in articles 1641 and following of the Civil Code. .
As such, the Customer may make a request under the legal guarantee of conformity or the guarantee of defects of the thing sold by sending his complaint to DAYVIA at the address indicated in article 1 of these general conditions.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two (2) years from the delivery of the goods to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the Civil Code.
9.2 COMPLAINTS AND RETURNS
Except in the case where the complaint is formulated within the framework of the legal guarantee of conformity, it is up to the Customer to provide any justification as to the reality of the defects or anomalies observed.
In any case, in the event of a complaint, the Customer must allow DAYVIA every facility to proceed with the observation of these defects or anomalies.
Subject to the possible exercise of the right of withdrawal, any Product return must be subject to the express agreement of DAYVIA.
The Products must be returned in perfect condition with any accessories provided by DAYVIA.
The return will give rise, depending on the case, to a replacement of the Products or to a reimbursement of the Customer, after qualitative and quantitative verification of the returned Products. The costs and risks of sending and returning will be borne by the Customer if non-compliance is not proven.
ARTICLE 10: RESPONSIBILITY
DAYVIA cannot be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, in particular when entering his order.
DAYVIA cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by law or case law.
DAYVIA declines all liability due in particular to the choice of Products by the Customer, damage resulting from modifications that may have been made to the Products by the Customer or even damage resulting from a breach by the Customer of the recommendations for the conservation or use of the Products.
DAYVIA cannot be held responsible for damage, temporary or permanent, caused to the Customer's computer system, nor for any loss or damage that may be suffered in particular following access to or browsing on the Site. The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the Site is not always available. Consequently, DAYVIA cannot be held responsible for the availability and interruption of the online service.
ARTICLE 11: PERSONAL DATA
DAYVIA collects and processes Customers' personal data in accordance with the regulations in force applicable to personal data and the Privacy Policy that it has drawn up.
DAYVIA's Privacy Policy supplements these general conditions of sale, of which it forms an integral part. As such, DAYVIA invites Customers to consult it by clicking HERE .
ARTICLE 12: OPPOSITION TO TELEPHONE SOLICITATION
The Customer is informed by DAYVIA that he can register on a list opposed to cold calling (Bloctel list). It is nevertheless specified that this registration does not prohibit DAYVIA from contacting the Customer by telephone for the strict requirements of the execution of this contract.
ARTICLE 13: APPLICABLE LAW
These conditions and their consequences are subject to French law. The language hereof and of relations between the Parties is French.
ARTICLE 14: DISPUTES / MEDIATION
The Customer declares to have been informed beforehand by DAYVIA of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure.
The Customer may thus submit any dispute opposing it to DAYVIA free of charge to the MEDICYS mediation service to which DAYVIA belongs, electronically (conso.medicys.fr) or by post (MEDICYS – 73, Boulevard de Clichy 75009 Paris). The MEDICYS mediation service website is as follows: https://medicys-consommation.fr/ .
Before contacting the MEDICYS mediation service designated above, the Customer undertakes to address their complaint to DAYVIA customer service at the contact details indicated in Article 1 of these general conditions.
In addition, DAYVIA informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and facilitating the independent settlement, out of court, of online disputes between consumers and professionals. This platform is accessible following this link.
ARTICLE 15: MANDATORY INFORMATION
Pursuant to Article L. 217-15 of the Consumer Code, articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code are reproduced below. consumption, as well as article 1641 and the first paragraph of article 1648 of the Civil Code, provisions of which the Customer expressly acknowledges having read prior to his order.
Article L. 217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1648 of the Civil Code paragraph 1
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX 1
APPENDIX TO ARTICLE R. 221-1 OF THE CONSUMER CODE
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
By mail to the attention of:
HAMELIN SAS – DAYVIA E-commerce Department – 17, avenue du parc - 91380 Chilly-Mazarin
OR by email: support_dayviafr@hamelinbrands.zendesk.com
I hereby notify my withdrawal from the contract relating to the sale of the following product(s):
Reference + Product name + Quantity ………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………
Reasons for return: ………………………………………………………………………………………………………………………… ……………………………
Order number : ……………………………………………….
Ordered on: ………………………………………………………………
Received on: …………………………………………………………………………
Bill number : ……………………………………………….
Your first and last names ………………………………………………………………………
Your address :
…………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………
Signature (only in case of notification of this form on paper):
Date : ……………………….