General Terms and Conditions of Sale

Preamble

The Seller's activity is the marketing of mixed leather goods.  

In particular, the Seller markets these Products through the https://debasc.com website. 

The Parties agree that their relations shall be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website.

The Seller reserves the right to modify these GTC at any time by publishing a new version on the Site. The GCS are those in force at the date of validation of the order.

The Parties agree that the photos of the Products displayed on the Site have no contractual value.

Article 1. - Subject

The purpose of this Agreement is to define the rights and obligations of the Parties in the context of the Online Sale of the Products offered for sale by the Seller to the Customer

Article 2. - Scope of Application 

These GTC are reserved for consumers only, as defined by law and case law, acting exclusively on their own behalf. 

The essential chaArticle 6. racteristics and prices of Products sold electronically are available on the Site.

In addition, the Customer receives the information provided for in the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale are applicable to all sales of Products by the Seller through the Site.

The Customer declares that it has read and understood these Terms and Conditions of Sale before validating the Order. Validation of the Order shall therefore constitute acceptance of these Terms and Conditions of Sale without restriction or reservation.

These GCS are applicable to Orders placed for Delivery in Metropolitan France, including Corsica, in the French Overseas Departments and in Europe.

Article 3. - Entry into force and Duration 

This Agreement shall come into force on the date of Validation of the Order.

The Agreement is concluded for the period necessary to supply the Products, until the expiry of the guarantees and obligations owed by the Seller.

Article 4. - Ordering the Goods and Steps for Concluding the Online Sale 

In order to carry out the Order, the Customer must follow the following steps:

1. Follow the instructions of the Site and, in particular, the instructions necessary for the opening of a Customer account ;

2. Fill out the Order form. In the event of prolonged inactivity during connection, it is possible that the selection of Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods from the beginning ;

3. 3. Check the elements of the Order and, if necessary, identify and correct any errors ;

4. Validate the Order, the Total Price as well as the Price including all taxes (shipping costs included);

5. Follow the instructions of the online payment server to pay the Price including all taxes.

The Customer shall then receive an electronic confirmation of acceptance of payment for the Order without delay.

The Customer shall also receive electronically and without delay an acknowledgement of receipt valid as confirmation of the Order.

The Customer shall receive a notification when the Seller processes its Order and a new notification when the Seller dispatches the Order. 

Delivery shall be made to the delivery address indicated by the Customer at the time of the Order.

During the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual terms and conditions.

The Seller undertakes to fulfill the Order only within the limits of available stocks of the Products. If the Products are unavailable, the Seller undertakes to inform the Customer thereof.

In the event of unavailability of the Product once the Order has been validated, the Seller shall have the option of offering the Purchaser a product similar to the one initially purchased of equivalent quality and value or, failing this, the Purchaser may be awarded a purchase voucher for the amount of the initial order to be used for a subsequent order. 

In the event of disagreement between the Parties, the Purchaser may ask the Vendor for a refund of his/her order by e-mail at the following address: contact@debasc.com, only in the event that the Purchaser has not proceeded to personalize the item. In this case, the Vendor undertakes to reimburse within 7 working days.

In accordance with Article L. 122-1 of the French Consumer Code, the Vendor reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.

Article 5. - Price of the Goods and Conditions of Validity

The Price of the Products sold on the Site is indicated respectively by item and reference.

At the time of Order Validation, the price to be paid is the Price including all taxes, including the Product Price and the Delivery Price. 

The telecommunication costs inherent to access to the Site remain the exclusive responsibility of the Customer.

The period of validity of the offers and Prices is determined by the updating of the Site.

Article 6. - Terms and Conditions of Payment

The payment of the All-Inclusive Price by the Customer is made through one of the following means of payment: credit card via the secure payment application Stripe. 

In the case of payment by credit card, the transaction is immediately debited to the Customer's credit card after verification of the latter's data, upon receipt of the debit authorization from the issuer of the credit card used by the Customer.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to its bank card, the Customer authorizes the Vendor to debit its bank card for the amount corresponding to the Price including all taxes.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Customer shall communicate the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.

In the event that it is impossible to debit the Price including VAT, the Online Sale shall be immediately cancelled by operation of law and the Order shall be cancelled.

All payments will be secured by the Stripe payment solution. 

In any case, all taxes, duties and/or foreign taxes remain the responsibility of the Buyer. 

Article 7. - Delivery of the Order 

7.1. Mode of Delivery 

The Customer chooses one of the Delivery Modes offered on the Site at the time the Order is placed.

The Customer will have the option of having his Product delivered by private courier (only for deliveries located in Paris intramural) or by DHL or UPS carriers.

7.2. Delivery Address The Customer chooses a Delivery address located in Metropolitan France, including Corsica, in the French Overseas Departments or in Europe. The Customer is solely responsible for a default in Delivery due to a lack of indication at the time of the Order.

7.3. Amount of Delivery Charges

The amount of the Delivery Charges depends on the amount of the Order, the delivery method chosen by the Customer, the Product chosen and the weight of the package. 

In any event, the amount of the Delivery Costs is indicated to the Customer before the Order is validated.

7.4. 7.4. Delivery Times 

Delivery Times are available on the Site and may vary depending on the availability of the Products ordered and whether or not they are personalized. 

However, the Seller undertakes to ship the order within 7 days. 

Delivery times are in working days and correspond to the average time taken to prepare and ship the Order depending on the buyer's place of residence.

The Delivery Periods start from the date of Order Confirmation by the Seller.

7.5. Delivery Delay 

In case of late Delivery, the Order is not cancelled.

The Seller shall inform the Customer by e-mail that Delivery will be delayed.

7.6. Tracking of the Delivery 

The Customer will provide during his registration on the site his cell phone number which will be used to track his package by the carriers.

7.7. Verification of the Order upon arrival 

The Customer is obliged to check the condition of the packaging and the Items upon Delivery.

It is the Customer's responsibility to make any reservations and claims he considers necessary, or even to refuse the package, when the package is obviously damaged upon Delivery. The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.

The Customer must ensure that the Goods delivered to it correspond to the Order. In the event of non-conformity of the Goods in kind or in quality with the specifications mentioned in the Delivery Note, the Customer must inform Debasc's customer service department by e-mail at the address mentioned on the website and return the Goods to the address mentioned on the website. 

Article 8. - Return of the Product 

In the event that the Product does not correspond to the Customer's expectations, the Customer may, within 14 days after the delivery date, return the Product to the workshop at its expense to the following address: 15, avenue Hoche, 75008 Paris.

It is the Customer's responsibility to return the Product in a correct packaging so that it is not damaged during transport. 

The Seller shall examine the Product upon its return to the workshop to check that it has not been damaged by the Customer's use.

The Seller will only refund the Customer if the Product has not been used and is in its original condition.  

The refund will be made within 15 working days using the same method of payment used when paying for the Order. 

The Seller shall refund the amount of the Order to the Buyer less the shipping costs initially paid by the Buyer.  

In the event of any defect in the Product, Debasc undertakes to reimburse the Order in full (excluding shipping costs) or to provide the Buyer with a credit note for the amount of the initial Order (excluding shipping costs). 

In order to assert its right, the Purchaser must send the Seller a video and/or photo proof of the defect in question by e-mail to the following e-mail address: contact@debasc.com. 

The Seller shall decide whether or not to reimburse the Order only after a review of the documents submitted. 

However, it is specified that the leather parts used for the manufacture of the Products are unique and may therefore present irregularities related to the leather itself and not related to the manufacture of the Product, in which case this shall not be considered a defect. 

Article 9. - Right of retraction 

The Customer has a right of retraction which he may exercise within a period of 14 calendar days following the date of receipt or withdrawal of the Order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended to the first following working day.

The Customer who wishes to exercise his right of withdrawal must return the Articles within the above-mentioned period, in their original packaging, complete and new. 

An address label will be available in the Buyer's personal space in order to facilitate the return of the Product. 

The costs of return will be borne by the Purchaser. 

Article 10. - Claims

The Customer must address any complaints to Debasc's customer service department, via the address contact@debasc.com, by e-mail, stating the reference number and date of the Order.

Only complaints relating to the Online Sale of the Articles will be taken into account.

Article 11. - Guarantees 

The Seller is subject to the legal warranty conditions provided for in Articles L. 217-4 and following of the Consumer Code and Articles 1641 and 1648 of the Civil Code.

Article 12. - Intellectual Property Rights 

The Seller's trademark, as well as all figurative or non figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of the Seller.

Article 13. - Confidentiality of Data 

The information requested from the Customer is necessary to process the Order.

Access to personal data is strictly limited to the employees and agents of the company, who are authorized to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being required. It is specified that, in the context of the execution of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the company undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the customer, unless they are obliged to do so for a legitimate reason (legal obligation, combating fraud or abuse, exercising the rights of defence, etc.).

In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, data files and liberties and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), the customer has the right to access, rectify, portability and erasure of its data or limitation of processing. He or she may also, for legitimate reasons, object to the processing of data concerning him or her.

At the time of the creation of its customer account on the Site, the Customer will be able to choose whether it wishes to receive offers from the Vendor and its partners.

Article 14. - Force Majeure 

Seller's performance of its obligations under this Agreement shall be suspended in the event of the occurrence of an act of God or force majeure that interferes with or delays performance of its obligations under this Agreement.

Seller shall notify Customer of the occurrence of any such act of God or Force Majeure within 10 days from the date of the occurrence of such event.

If the Seller's performance of its obligations is suspended for a period of more than 14 days, the Customer may terminate the Order in progress and the Seller shall reimburse the Customer for the Order in accordance with these Terms and Conditions of Sale.

Article 15. - Nullity of a Clause of the Agreement

If any of the provisions of this Agreement were to be invalidated, such invalidity shall not entail the invalidity of the other provisions of the Agreement, which shall remain in force between the Parties.

Article 16. - Modification of the Agreement

Any amendment, termination or abandonment of any of the clauses of this Agreement shall be valid only after written and signed agreement between the Parties.

Article 17. - Independence of the Parties

Neither Party may make any commitment in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its allegations, commitments, services, products and personnel.

Article 18. - Non-waiver

The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.

Article 19. - Notifications

All notifications to be made under this Agreement shall be deemed to have been made if they are made by registered letter with acknowledgement of receipt to the Seller or the Customer.

Article 20. - Applicable Law

This Agreement shall be governed by French law.

Article 21. - Settlement of Disputes and Attribution of Jurisdiction

The Parties shall make every effort to settle amicably any dispute relating to the interpretation or performance of the Agreement, unless a failure by either Party makes it impossible to maintain the contractual relationship.

The Parties therefore agree that they will attempt to settle their dispute before a mediator chosen by them.  

If the dispute cannot be settled by mutual agreement within fifteen (15) Days or with the help of the mediation services, the most diligent Party may submit the dispute to the competent courts, namely in this case, the courts of the jurisdiction of the Paris Court of Appeal, notwithstanding plurality of defendants or appeal in warranty.