Terms and conditions of sale
DIPLOMISSIMO – LA MAISON DU DIPLOME
Trademarks of PONSARD ET DUMAS
Headquarters: 117, Avenue Maréchal de Saxe 69003 Lyon, France.
Trade and Companies Register in Lyon, no. 392 399 804
117, Avenue Maréchal de Saxe 69003 Lyon, France.
Telephone no. +33 9 86 16 40 60
Individual tax identification no. FR52392399804
Last updated on 01/12/2016
Article 1 – Purpose
These conditions govern the sales made by DIPLOMISSIMO- THE HOUSE OF THE DIPLOMA, hereinafter referred to as the seller, and the buyer.
The seller reserves the right to modify these Terms and Conditions of Sale at any time. However, the version in effect at the time of ordering a product will govern the sale of the product.
Article 2 – Price
The prices of the products are given in Euros inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated, and exclusive of processing and shipping costs.
In case of order to a country other than metropolitan France the buyer will be the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes are likely to be due. These taxes and fees are not the responsibility of the seller. The buyer will be responsible for them, both in terms of declarations and payment to the competent authorities and organisations in the buyer’s country.
At the request of the buyer, an export sales slip may be issued.
All orders, whatever their origin, are payable in Euros.
The seller reserves the right to modify prices at any time, but the product will be invoiced on the basis of the price applicable at the time of order confirmation and subject to availability.
The products remain the property of the seller until full payment of the amount invoiced.
Article 3 – Orders / Order confirmation
Orders may be placed:
• On the websites: http://www.maisondudiplome.com/; http://www.absolventenparadies.de/; http://www.la-tienda-del-diploma.es/; http://www.gifts-for-graduates.eu/
• By email: email@example.com
• By telephone: +33 (0) 9 86 16 40 60
• By post: 117, Avenue Maréchal de Saxe 69003 Lyon, France.
• During ceremonies
All orders received result in a confirmation within 2 working days.
An order confirmation implies the full and complete acceptance of the buyer to the present terms and conditions of sale, without exception or reserve.
The seller reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and notably in case of a supply problem, or in case of difficulty concerning the order received.
All the data provided and the recorded confirmation will be proof of the transaction.
The buyer declares having full knowledge of this.
The order confirmation will be considered proof of signature and acceptance of the operations carried out.
Article 4 – Payment
The fact of validating the order implies for the buyer the obligation to pay the indicated price.
The payment of the purchases is made by transfer or by cheque payable to DIPLOMISSIMO on the due date of the invoice except for:
– purchases at ceremonies, graduations or other, the payment being made by cheque or cash
– online purchases: payment is due upon order by PAYPAL or bank transfer
In the event of non-payment on the agreed date, the debtor is automatically liable for interest calculated at the rate fixed by ECB for its refinancing operation of 1 January 2016 plus 10 percentage points in addition to the sum of 40 € for debt recovery (Article 441-6 of the French Commercial Code)
In addition to the price, the debtor will pay a penalty of 10% of the agreed price in the absence of payment upon the agreed date.
Article 5 – Remote purchase: Right to retract
EXERCISING YOUR RIGHT TO RETRACT
In case of purchase on the internet, by mail or telephone, the non-professional buyer has 14 days to retract their purchase without having to give a reason or to pay a penalty.
This period runs from receipt of the products by the buyer, or when a third party other than the carrier and designated by the buyer, physically takes possession of the goods.
The decision to retract must be sent to the seller by e-mail to the address firstname.lastname@example.org or by registered letter with return receipt (117 Avenue Maréchal de Saxe 69003 LYON). It will be sufficient for the purchaser to identify its order and to indicate that it retracts from said order or use any other wording that requests the cancellation of the purchase.
MODEL RETRACTION FORM
To the attention of DIPLOMISSIMO:
I / we (*) hereby notify (*) that I / we (*) withdraw from the contract for the sale of the goods (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of Consumer(s) (only in the case where this retraction is sent on paper):
(*) Delete as appropriate.
EXCEPTIONS TO THE RIGHT TO RETRACT
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right to retract does not apply to:
– the provision of services fully executed before the end of the withdrawal period, the execution of which has begun after express prior agreement of the consumer and expressly renounces its right to retract,
– the supply of goods made according to consumer specifications or clearly personalized.
Returns are to be made in their original state and complete (packaging, accessories, notice). In this context, the buyer is fully responsible. Any damage suffered by the product on this occasion may be such as to cancel the right to retract.
The goods must be returned to the address of the company’s registered office, 117 Avenue Maréchal de Saxe 69003 Lyon, France, at the latest within 3 days of notification of the withdrawal decision.
Return fees are paid for by the buyer.
REFUND OF SUMS PAID
In exercising the right to retract, the seller will refund the sums paid via the same payment method used during the order, provided that it has received the returned goods.
Article 6 – Availability
The seller’s products are sold within the limit of available stock. In case of shortages of stock or products not stocked, offers are valid subject to supplier availability.
In the case where a product is unavailable after the order is placed, the seller will inform the buyer by email. The order will be cancelled or delayed with customer agreement.
Article 7 – Delivery
The products are delivered to the delivery address given during the ordering process.
Note that personalised products (stoles, gowns, caps, etc.) require a manufacturing time of about 4 weeks. The delivery of these products will take place approximately 30 days after approval of the estimate and the printing proof.
The seller will do their utmost to respect the indicated delivery time. However, this period is not contractual; exceeding this period will not result in a penalty for delay or order cancellation.
Product prices do not include shipping charges.
Depending on the order, orders are shipped by courier or post office (parcels tracked or not), which are solely responsible for routing.
The buyer agrees to sign the consignment note or the delivery note presented by the transporter or the post office.
The seller can not be held responsible for exceeding the delivery times, or the loss or damage of a product by the transporter or post office.
In the case of damage to the delivered goods, any reservation must be notified to the transporter or to the post office at the time of delivery of the product on the delivery note or at the latest within 3 days. The seller must be informed within the same period.
In case of unusual delay or loss, it is recommended that the buyer warn the carrier or the post office as soon as possible. However, the seller will endeavour to assist the buyer in its search.
Article 8 – Guarantee
All products benefit from the legal guarantee of conformity and the guarantee against hidden defects.
However, the seller cannot be held responsible for any errors that the customer may enter when placing an order.
In case of non-conformity of a product sold, it can be returned, exchanged or refunded.
All complaints or requests for exchange or refund must be made by email or registered letter with return receipt within 3 days after delivery.
The products must be returned in the state in which they were received with all the items (accessories, packaging, instructions, etc.). Shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded on presentation of receipts.
The provisions of this article do not prevent the remote buyer from benefiting from the right to retract provided for in Article 5.
Article 9 – Responsibility
The products offered comply with applicable French legislation. The seller can not be held liable for non-compliance with the legislation of the country where the product is delivered. It is the buyer’s responsibility to check the possibilities of importing or using the products or services he/she intends to order with the local authorities.
Furthermore, the seller cannot be held liable for damages resulting from misuse of the product purchased.
Finally, the seller can not be held liable for any inconvenience or damage inherent in the use of the Internet, such as a breach of service, external intrusion or the presence of computer viruses.
Article 10 – Applicable law in case of disputes
The original of this contract is in French. These terms and conditions of sale are subject to French law. In case of dispute, the courts of the registered office of the company will be the only ones who have jurisdiction.
Article 12 – Intellectual Property
All the elements of the sites mentioned in article 3 are and remain the exclusive intellectual property of the seller (it being specified that the photographs of the site and the catalogue are not contractual). No one is allowed to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, the elements of the site, whether they be software, visuals or sounds. Any simple or hypertext link is strictly prohibited without express written agreement of the seller.
Article 13 – Personal data
The seller reserves the right to collect personal information and personal data concerning the buyer. They are required for order management as well as to improve the services and information that the company sends.
They can also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data are also kept for security purposes in order to comply with legal and regulatory requirements.
In accordance with the law of 6 January 1978, the buyer has a right of access, rectification and opposition to personal information and personal data, directly on the website.
Article 14 – Archiving of proof
The seller will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerised records of the seller shall be considered by all the parties concerned as proof of communications, orders, payments and transactions between the parties.