Terms and Conditions
The present terms and conditions are entered into between, on the one hand the company Diffusion Rosicrucienne (D.R.C) with capital of € 453,800 whose registered office is in Paris, 75003, 199bis rue Saint-Martin, recorded in the Paris Trade and Companies register under number 350 776 589 00029, telephone number 02 32 35 39 78 - e-mail address: email@example.com, hereinafter known as Diffusion Rosicrucienne, and on the other hand by any person or entity wishing to make a purchase through the Diffusion Rosicrucienne website, hereinafter the "Buyer".
The terms and conditions apply to all products and services sold on the website www.drc.fr.
The date of the last update of the www.drc.fr website is September 8, 2016.
Article 1 - Purpose
The terms and conditions described below define the contractual relationship between the buyer and Diffusion Rosicrucienne and the conditions applicable to all purchases made through the commercial site of Diffusion Rosicrucienne, whether the buyer is a professional or consumer.
The acquisition of a product or service through this site implies acceptance by the Buyer of these terms. These terms and conditions shall prevail over any other general or special conditions not specifically approved by Diffusion Rosicrucienne.
Diffusion Rosicrucienne reserves the right to modify these terms and conditions at any time. In this case, the applicable conditions are those in effect on the date the buyer places the order.
Article 2 - Product Overview
The characteristics of the products offered for sale are presented in the catalog published on the Diffusion Rosicrucienne website.
Products are offered subject to availability.
Each product is accompanied by a description provided by the supplier.
The photographs in the catalog are as accurate as possible but cannot ensure a perfect similarity with the product, especially with regard to colors. The photographs are not contractually binding.
Article 3 - Duration of the offer
The products are offered for sale while stocks last. In the event that a product ordered becomes unavailable, the customer will be informed of this as soon as possible, by email or by post.
Article 4 - Product prices
The prices listed in the catalog are given in Euros including the VAT applicable on the date of the order. Any change in price will be reflected in the product prices.
Diffusion Rosicrucienne reserves the right to modify the prices at any time, it being understood that the prices listed in the catalog during the registration of the order will be the only one applicable to the buyer.
For orders to countries other than mainland France, customs duties, other local taxes or import duties or State taxes may be payable. These are not included by Diffusion Rosicrucienne and are the responsibility of the buyer, at their full responsibility, both in terms of declarations and of payments to the relevant authorities and organizations.
The products remain the property of Diffusion Rosicrucienne until full payment has been made.
Note: once physical possession has been taken of the ordered products, the risk of loss or damage to the products is transferred.
Article 5 - Order
The customer validates their order through the "Confirm your order" link at the bottom of the "Summary of your order" page after accepting these terms and conditions. Before this validation, the customer is automatically invited to check each item of their order, from where they can correct any errors.
Diffusion Rosicrucienne confirms the order by email; this information shows all items in the order as well as the customer's right of withdrawal.
The data recorded by Diffusion Rosicrucienne constitutes proof of the nature, content and date of the order. This is archived by Diffusion Rosicrucienne under the conditions and periods required by law; the client can access this archive by contacting the Customer Service department.
Diffusion Rosicrucienne reserves the right to not accept payment, and to not confirm an order for any reason, particularly in the event of a supply problem or in case of difficulties concerning the order received.
Article 6 - Withdrawal
Pursuant to Article L.121-21 of the Consumer Code, the Buyer has a period of fourteen days, from the receipt of the goods, to exercise their right of withdrawal without having to provide justification or pay penalties, except, where applicable, the cost of return. If the period of fourteen days expires on a Saturday, Sunday or a bank holiday, this is extended to the next business day.
The buyer must return the goods to Diffusion Rosicrucienne no later than 14 days after communicating their decision to withdraw. The returns should be in their original condition and complete (packaging, accessories, notes...). The Buyer is responsible for this. Any damage to the product at such time may lead to the rejection of the right of withdrawal.
Upon exercise of the right of withdrawal, Diffusion Rosicrucienne shall reimburse the Buyer the full amount paid, except for the shipping costs of the original purchase, as soon as it receives the item in question or as soon as the Buyer provides proof of shipping the item, whichever of these events is the earliest.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
- The supply of goods made to the consumer's specifications or clearly personalized.
- The provision of goods liable to deteriorate or perish rapidly.
- The provision of goods which were opened by the consumer after delivery and cannot be returned for hygiene or health protection reasons.
- The provision of audio or video recordings that have been opened by the consumer after delivery.
- The supply of a newspaper, periodical or magazine.
- The supply of digital content not supplied on a tangible medium whose implementation began after prior express consent of the consumer expressly waiving their right of withdrawal.
Article 7 - Delivery
The products are delivered to the shipping address provided during the order process, within the time specified on the order confirmation page.
The risks are borne by the purchaser from the time the goods leave the Diffusion Rosicrucienne premises. In case of damage during transportation, a complaint must be made to the carrier within three days of delivery.
In case of late delivery, the Buyer has the opportunity to cancel the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If in the meantime the Buyer receives the product, Diffusion Rosicrucienne will proceed to refund the cost of transport under the terms of Article L 138-3 of the Consumer Code.
In the case of deliveries by a carrier, Diffusion Rosicrucienne cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several attempts at delivery.
Article 8 - Warranty
All products supplied by Diffusion Rosicrucienne benefit from the legal guarantee of conformity under the conditions of Articles L.211-4 and following of the Consumer Code and the guarantee against hidden defects provided by Article 1641 and following of the Civil Code.
The legal guarantee of conformity covers conformity defects that occur within two years of delivery of the product purchased. The buyer is exempted from reporting proof of the existence of the lack of conformity of the item during the six months following its delivery. This period shall be extended to two years from March 18, 2016.
When can a legal lack of conformity be invoked? This may be the case if a product does not work correctly from its delivery or does not match the description given by Diffusion Rosicrucienne. In case of non-compliance of a product sold, it can be returned to Diffusion Rosicrucienne who will take it back, exchange it or refund it.
The warranty against hidden defects applies when a purchased product contains a defect not apparent at the time of the sale that makes the product unfit for its use or reduces this use significantly.
The warranty action against hidden defects must be brought within two years from the discovery of the defect. To qualify, the Buyer must notify Diffusion Rosicrucienne of the hidden fault. The Buyer must prove the product contained a hidden defect when it was sold.
All claims, requests for exchange or refund must be made within thirty days of delivery:
* By post to the following address:
27110 Le Tremblay-Omonville
* By phone: +33 (0) 2 32 35 39 78 (Monday to Friday 8:30 am to 12 pm and 1:30 pm to 5 pm)
* By email: firstname.lastname@example.org
Products must be returned in the condition in which they were received with all the elements (accessories, packaging, notes...). Shipping fees will be refunded to the Buyer on the basis of the invoiced price and return costs will be reimbursed on presentation of receipts.
The provisions of this Article shall not negate the Buyer's right of withdrawal benefit under Article 6.
Article 9 - Liability
The products offered comply with French legislation. Diffusion Rosicrucienne cannot be held liable for non-compliance with the legislation of the country where the product is delivered. It is up to the Buyer to check with local authorities the conditions of import or use of the products or services it intends to order.
Moreover, Diffusion Rosicrucienne cannot be held liable for damages resulting from misuse of the product purchased.
Article 10 - Intellectual Property
All elements of the www.drc.fr website are and remain the exclusive intellectual property of Diffusion Rosicrucienne. It is prohibited to reproduce, use, repost, or use for any purpose whatsoever, even partially, the elements of the site, whether software, graphic or sound. Any link or hyperlink is strictly prohibited without the express agreement of Diffusion Rosicrucienne.
Article 11 - Personal Data
According to the law relating to data, files and freedoms of January 6, 1978, the personal details relating to Buyers may be subject to automated processing.
Diffusion Rosicrucienne commits to never transmit the information collected to business partners.
According to the law of January 6, 1978, the Buyer has a right of access, rectification and opposition to personal information and data concerning them, directly on the website.
The automated processing of information, including management of email addresses of site users was declared to CNIL December 18, 2015 registered under number 1913143 v 0.
Article 12 - Proof of archiving
Diffusion Rosicrucienne archives purchase orders and invoices on a reliable and durable medium as a true copy in accordance with article 1348 of the Civil Code.
The records of Diffusion Rosicrucienne will be considered by all parties as proof of communications, orders, payments and transactions between the parties.
Article 13 - Applicable law in case of dispute
These terms and conditions of online sale are subject to French law.
In case of dispute, jurisdiction is given to the competent courts of Paris.
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