General Terms Of Sale on the shops
Scope of these Terms of Sale
The purpose of these General Terms of Sale and Use (hereinafter the " General Terms ") is to set out the conditions of use, distance selling, and delivery of products (hereinafter the "Products") offered for sale on the Partner shops (hereinafter the "Shop") by DAGOBA FRANCE – (hereinafter "DAGOBA"), a simplified joint-stock company (société par actions simplifiée) with a share capital of €50,000, registered with the Paris Trade and Companies Register (RCS) under number 849 160 700, EU VAT number FR18849160700, with its registered office at 10 rue de Penthièvre – 75008 Paris, FRANCE.
The " Customer " means, within these General Terms, any consumer purchasing Products on the Shop for private use, excluding any purchase for resale.
The " User " means, within these General Terms, any person browsing the Shop, whether or not they are a Customer.
The term " Business Day " means, within the meaning of these General Terms, every day of the week except Saturdays, Sundays, and public holidays.
By browsing the Shop, each User undertakes to read and to fully and entirely accept the General Terms. Accordingly, as of the date of first connection, the General Terms are deemed to have been read, understood, and accepted without reservation by the User.
DAGOBA reserves the right to supplement, modify, and update these General Terms at any time. In any event, any significant modification shall be notified to the User by means of a pop-up on the Shop or by email. They are furthermore freely accessible and available for consultation by any person browsing or using the Shop.
Article 1: Availability
DAGOBA offers on the Shop the online sale of Products, some of which may be customised upon the Customer's request.
Each Product description sheet on the Shop provides a detailed description of the relevant Product and its essential characteristics.
The Customer is invited to review, upon receipt of the Products, the information enclosed with the Products or displayed on their packaging, it being recalled that the Customer is solely responsible for the choice of Products and their use.
Unless otherwise stated in an exceptional offer, Product and price offers are valid as long as they are visible on the Shop and subject to the availability conditions provided at the time the order is placed.
In the event of temporary or permanent, total or partial unavailability of the ordered Product(s), the Customer shall be informed as soon as possible by email of the possibility of requesting the total or partial cancellation of their order.
In the event that the Customer wishes to cancel all or part of their order, DAGOBA shall proceed with the corresponding refund under the conditions set out in Article 5 below.
Article 2: Orders
2.1 Products
DAGOBA offers the Customer products in DAGOBA colours, some of which may be customised according to the Customer's preferences.
2.2 How to place an order?
A Customer interested in Products on the Shop follows the process below to place their order: • they select their item(s) from among the Products offered for sale on the Shop; • they carry out, where applicable, the additional customisation of their Product(s) under the conditions set out in these General Terms; • they validate their shopping cart, from which they may add or remove Products; • they choose their delivery method. It is specified here that costs may vary depending on the chosen delivery method; • they choose their payment method from among the available payment options and submit their payment request. • they enter all the personal shipping information required to process their order;
Payment for the order formalises the Customer's agreement to the content and conditions of the order and constitutes irrevocable acceptance of the General Terms.
DAGOBA sends the Customer an email confirming the registration of their order. Unless otherwise communicated by DAGOBA, this email constitutes acceptance by DAGOBA of the Customer's order and thereby forms the sales contract between the parties.
As soon as the order is being dispatched, DAGOBA sends a shipping confirmation email to the Customer.
2.3 Our Prices
The prices displayed on the Shop are indicated in euros, inclusive of all taxes, excluding packaging and shipping costs, and apply to all Customers wishing to receive delivery in a European Union member state.
Unless specific/special promotional offers apply, the prices of Products sold are those shown on the Shop on the date of the order.
Prices include the Product chosen by the Customer and the customisation(s) requested by them.
VAT is applied at the rate in force on the date of the order.
2.4 What are the payment methods?
The Customer may pay for their purchases by Bank Card (secure transaction) at the time of ordering.
The Customer may also pay by bank transfer upon request.
In the case of anti-fraud checks aimed at securing its customers' transactions, DAGOBA shall be entitled to ask the Customer to provide one or more proofs of address and/or a copy of their identity card by email or fax before validating their order.
The order shall only become final upon receipt by DAGOBA of these documents and the sending of the confirmation email. Failing receipt of these documents, or if they do not satisfactorily establish the identity of the order's author and the reality of their domiciliation, DAGOBA reserves the right not to accept the order.
DAGOBA also reserves the right to refuse an order if there is a prior dispute or an abnormally high number of products.
2.5 Proof of order/payment
Unless proven otherwise, the computerised records of DAGOBA and those of its service providers, kept under reasonable security conditions, shall constitute proof of all transactions between DAGOBA and the Customer.
In compliance with applicable regulations, DAGOBA shall archive orders on a reliable and durable medium that may be produced as evidence.
In any event, DAGOBA recommends that the Customer retain the order confirmation email.
2.6 Gift cards
The Customer may purchase on a shop one or more gift card(s). Once purchased, the gift card is usable only on the Shop and is valid for a period of twelve (12) months from the date of purchase. It may only be used once.
The gift card may not be exchanged, resold, refunded (even partially), credited to a bank card or bank account or another gift card, nor discounted, and no change shall be given. It shall not be replaced or refunded in the event of loss.
Article 3: Delivery
DAGOBA delivers only to metropolitan France, or to Belgium (only when the shop is configured for Belgium).
Shipping costs are calculated based on the order amount and include the processing, packaging, and dispatch of the Products.
What are the delivery times?
The maximum delivery time is generally 5 weeks, including the customisation process at our workshop. This period begins from the Customer's receipt of the order confirmation email sent by DAGOBA. However, for most Products, delivery takes place within 1 to 2 weeks, depending on the stock levels of DAGOBA's suppliers. Certain Products may be temporarily out of stock and have longer delivery times.
In the event that one or more of the ordered Product(s) proves to be unavailable, the Customer shall be informed and may, at their discretion, choose one of the following options:
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Cancel the order for the unavailable item, in accordance with the procedures set out in article L.216-2 du Code de la consommation;
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In the case of an order for multiple Products, if one of the Products proves to be unavailable within the time frames stated on the Shop, DAGOBA shall inform the Customer of this additional delay. The entire order shall only be processed and dispatched once all Products in the order are available. The Customer may also opt for a partial cancellation of their order with respect to the unavailable Products, in accordance with the above-mentioned procedures.
Failure to collect the parcel from a Collection Point within the time allowed by La Poste
For Collection Point deliveries, if the Customer fails to collect the parcel within the time allowed by La Poste, the parcel shall be returned to DAGOBA. DAGOBA may re-dispatch the parcel subject to payment of new shipping costs, in the same amount as the initial shipment, plus an additional flat fee of €7.50 inclusive of all taxes for the processing of the parcel at DAGOBA's dispatch centre.
Failure to collect a parcel from a Collection Point shall in no case constitute cancellation of the sale and shall not give rise to any refund, in particular pursuant to article L.221-28 du Code de la consommation concerning the supply of customised goods.
Article 4: Retention of title
By express agreement, DAGOBA retains title to the Products until the date of their payment in full, in accordance with the terms of loi n°80 336 du 1er mai 1980, relating to retention of title.
This provision shall not prevent the transfer to the Customer of the risks associated with the Products sold, such transfer taking effect upon delivery of the Products to the address specified by the Customer at the time of their order, or at the time of collection of the Products from La Poste.
Article 5: Right of withdrawal
5.1 - General information
In accordance with articles L.221-18 et suivants du Code de la consommation, DAGOBA grants the Customer a withdrawal period of fourteen (14) days from receipt of their order, without the need to justify any reasons or pay any penalty.
It is however recalled that, pursuant to article L.221-28 du Code de la consommation, this right does not apply to the supply of customised goods. Accordingly, only items that do not bear a logo or customisation are covered by the right of withdrawal referred to above. Consequently, all items bearing a logo or customisation are neither refundable nor exchangeable.
Any return request received by DAGOBA after the expiry of the fourteen (14) day withdrawal period shall not be accepted, except in the case of non-conformity or hidden defect (see Article 6 below).
If this period expires on a Saturday, Sunday, or public holiday, it shall be extended until the next Business Day.
In the case of multiple orders, namely several Products ordered at the same time, the withdrawal period shall run from receipt of the last Product in the event of unavailability of a Product and the splitting of the order into several shipments.
5.2 - Withdrawal procedure (only for items without logo and without customisation)
To exercise their right of withdrawal, the Customer must notify DAGOBA of their decision to withdraw by means of an unambiguous statement at the following address:
- by email: contact@dagoba.app - by telephone to Customer Service (FR: +33 1 87 20 70 07)
The Customer must return or hand back the Product only to the address communicated by DAGOBA depending on the Product. The Customer must never send the Product to the company's registered office.
This return must be made within a period not exceeding fourteen (14) days after notification of the withdrawal and notification by DAGOBA of the address to which the Customer must send the Product.
The Customer shall bear the direct costs of returning the Product.
The exercise of the right of withdrawal by the Customer shall only be accepted by DAGOBA for Products in perfect resaleable condition, accompanied by the purchase invoice, and still bearing their label.
Products returned damaged, soiled, or having been worn (except in the context of a simple and brief fitting) or used outdoors by the Customer, or whose labels have been removed, shall not be accepted.
5.3 - Refund
In the event of withdrawal, the Customer shall be refunded all payments received, including standard delivery costs (i.e., corresponding to the least expensive delivery option offered by DAGOBA).
In the cases of return as provided for in Articles 6.1 and 6.2 below, return costs shall be refunded to the Customer, who must however provide DAGOBA with the necessary supporting documents (carrier invoice).
This refund shall be made within a period not exceeding fourteen (14) days from receipt of the returned goods by the Customer or proof of their dispatch.
The Customer shall be refunded using the same payment method as that used for the initial transaction.
Article 6: Legal guarantee of conformity / After-sales service
6.1 - Conformity and apparent defects
In order to avoid any inconvenience to the Customer, DAGOBA checks the conformity of the Products with the order before dispatch.
The Code de la consommation governs the legal guarantee of conformity as follows (art. L.217-4 du Code de la consommation): "The seller delivers goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation where such installation was the seller's responsibility under the contract or was carried out under the seller's responsibility."
The Customer therefore has, in such a case, a period of two (2) years from the delivery of a Product to notify DAGOBA, by email sent to DAGOBA's Customer Service, of any reservations regarding the conformity of the delivered Products.
DAGOBA shall then send the Customer a confirmation email accepting the return of the Product(s), together with, where applicable, a return number that must be displayed on the parcel when returning the non-conforming or defective Product, as well as the address to which the Product should be returned.
Products must be returned in perfect resaleable condition.
Products returned damaged or soiled, or having been worn (except in the context of a simple and brief fitting) or used outdoors by the Customer, or whose labels have been removed, shall not be accepted.
The Customer shall in these circumstances take particular care of the Products between the time of their delivery and their return.
Products must be returned in their original packaging to the address indicated by DAGOBA for the return of that particular Product. The Customer must never send the Product to the company's registered office but only to the address indicated by DAGOBA.
In cases where the returned Product does not comply with the foregoing conditions, DAGOBA reserves the right to:
(i) refuse the return of the Product, which shall be held at the Customer's disposal at their own risk for a period of six (6) months from receipt of the Product by DAGOBA, except in cases where the Product was received in that condition by the Customer;
(ii) not refund the Customer in full, deducting any amount due as compensation for damage caused to the Product, provided the damage occurred after delivery to the Customer.
DAGOBA further recommends that the Customer obtain proof of dispatch for any parcel returned to DAGOBA and send the parcel by registered mail with acknowledgement of receipt or by insured mail, as appropriate.
Any accepted return by DAGOBA, in the case of non-conformity of the delivered Products as established by DAGOBA, shall entitle the Customer to a free replacement or refund of the Product(s), in accordance with the provisions of Article 5.3 hereof, to the exclusion of any other compensation.
In the case of a refund request for the Product(s) accepted by DAGOBA, the shipping and return costs of said Products shall be refunded on the basis of the invoiced rate, DAGOBA reserving however the right to refund the Customer for the cost of standard delivery.
If the Customer opts for a credit note, the initial shipping costs and the Product price shall be credited to their Customer account, at the cost of standard delivery.
DAGOBA shall not accept parcels sent carriage forward.
All risk associated with the return of Products shall be borne by the Customer.
6.2 - Hidden defects
DAGOBA is bound by the legal guarantee against hidden defects, within the meaning of article 1641 et suivants du Code Civil, which provides: "The seller is bound by a guarantee in respect of hidden defects in the goods sold that render them unfit for their intended use, or that so diminish such use that the buyer would not have purchased them, or would only have offered a lower price, had they been aware of such defects."
The Customer therefore has a period of two (2) years from the discovery of a hidden defect affecting the Products to submit to DAGOBA a request to benefit from the guarantee against hidden defects affecting the Products.
In order to benefit from the Product guarantee, the Customer must imperatively retain the Product purchase invoice.
In any event, a Customer alleging the existence of a hidden defect must be able to demonstrate that: - the defect existed prior to the sale; - the Product was used under conditions appropriate to the nature and characteristics of the Product; - the defect is not related to time or normal wear and tear of the Product.
In order to allow DAGOBA to inspect the Products itself, the Customer is requested to leave them at DAGOBA's disposal in accordance with the procedures communicated to them, it being specified that DAGOBA shall arrange for their collection at its own expense.
In the event that the Customer does not wish to receive a free replacement of the Product, the refund shall be made under the conditions set out in Article 5.3 above.
Article 7: Customer commitments
7.1 - Respect for third-party rights
The Customer has the option to customise the chosen Product(s) as they see fit. However, the Customer may not include text that could infringe upon the rights of third parties. The Customer's liability may be incurred in this regard. In case of doubt, DAGOBA reserves the right to refuse to apply text to the Product.
Order confirmation by DAGOBA does not in any way constitute validation of the service, in particular of the content to be reproduced at the Customer's request.
7.2 - Respect for morality and public decency
The following types of text shall be systematically refused by DAGOBA: content of a vulgar, defamatory, insulting, obscene, racist, or xenophobic nature, illegal content or content likely to be so, content encouraging the consumption of alcohol or tobacco, or more broadly any text that DAGOBA would consider to be contrary to morality and the law, as well as to the values and interests of DAGOBA.
DAGOBA also refuses to reproduce any text with political, trade union, or religious connotations and/or targeting, by any means, individuals, including public figures.
DAGOBA's refusal to carry out the requested service shall not in such case give rise to any claim for compensation by the Customer, which the Customer expressly acknowledges.
Article 8: Liability
The Products offered comply with applicable European Union legislation.
DAGOBA shall not be held liable for non-performance of the contract in the event of force majeure or fortuitous event, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, due to the other party or a third party, or external causes such as social conflicts, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, intervention by civil or military authorities, natural disasters, fires, water damage, malfunction or interruption of the telecommunications network or the electrical grid.
The Customer is solely responsible for the choice of Products and their use.
Article 9: User obligations
The User undertakes to use the Shop in accordance with the General Terms and, more generally, with all applicable legal provisions.
The User undertakes not to compromise the integrity and security of the Shop. The User undertakes in particular not to access or attempt to access and/or to remain fraudulently connected in the event of unauthorised access to the Shop.
The User undertakes not to carry out any operation that would compromise the proper functioning of the Shop, such as cyber attacks (including DoS, DDoS, SQL injection attacks, or XSS attacks).
The User undertakes to provide accurate information and to update it in the event of a change of circumstances. It is also prohibited to create a false identity and/or to impersonate a third party.
Article 10: Intellectual property
All intellectual property rights relating to the Shop, and in particular any content thereof that is protected under intellectual property law, including trademark law and copyright, are held by DAGOBA.
The User is prohibited in this regard from extracting, displaying, reproducing, or more generally infringing upon all or any part of the Shop.
Article 11: Customer Service
For any question relating to a purchase made on this Shop, Customer Service can be reached: - by email at the following address: contact@dagoba.app; - via the contact form on the Shop.
Article 12: ENTIRE AGREEMENT
The General Terms consist of all of the clauses contained herein. The failure by DAGOBA to enforce any clause shall not constitute a permanent waiver thereof. Should any clause be held invalid, the remaining clauses shall remain in full force and effect.
Article 13: GOVERNING LAW
The General Terms are governed by French law, and only the French-language version shall be authoritative for the purposes of their interpretation.
Any dispute arising from the performance or interpretation of the General Terms shall require the parties to endeavour to reach an amicable settlement before referring the matter to the competent court.
The Customer and the User acknowledge and accept that only the French courts shall have jurisdiction, in accordance with the rules set out in the French Code of Civil Procedure.
Where the Customer is a legal entity or an individual acting in a professional capacity, the dispute shall be brought before the competent court within the jurisdiction of the Paris Court of Appeal, notwithstanding plurality of defendants or third-party proceedings.
