General Terms and Conditions of Sale and Use (GTC/UG)
1. IDENTITY OF THE SELLER : ETABLISSEMENT JEAN DEGLONGLON
ETABLISSEMENTS JEAN DÉGLON, SAS, with a capital of 918,750 euros, whose registered office is located in THIERS (63307) - Zone industrielle de Felet - 1 rue du Pré de la Pie, registered in the THIERS trade and companies register under number B 775 636 525 represented by Mr Moïse DEGLON (hereinafter the "Company").
Intracommunity VAT number: FR 61775636525
The Company sells to its customers, via its website www.deglon.fr, the following products: knives, tools, articles and kitchen accessories, under the brand Déglon.
The Company invites the Users of its Website, whose address is www.deglon.fr, to read carefully the present General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU") appearing on its Website. Placing an Order via the Company's Website implies acceptance of the GTC/UGU. It is reminded that these GTC/GU apply to private and professional customers. The fact that the Company does not apply and/or does not take advantage, at a given time, of any of the provisions of the GCS/GU, cannot be interpreted as a waiver of the right to take advantage of them at a later date. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase.
The photographs or graphics presented on the Website are not contractual. The Customer acknowledges that he/she has read them and accepted them by ticking the appropriate box before placing his/her online Order.
The GTC/GTC govern the conditions under which the Company sells its Products to its Professional and Consumer Clients via its Internet Site and in accordance with the definitions below, it being specified that for Professionals, all the provisions specific to consumer rights and withdrawal do not apply as soon as they have the status of professionals with regard to the law and jurisprudence. They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Client's general conditions of purchase.
They are systematically communicated to the Client who requests them. In the event of subsequent modification of the GTC/GU, the Client shall be subject to the version in force at the time of its Order.
"Customer" refers to the Professional or Consumer who places an Order for a Product sold on the Web Site;
"Order" refers to any order placed by the User on this Website;
"General Terms and Conditions of Sale and Use" or "GTC/UG" means the present general terms and conditions of use and online sales;
"Consumer" means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity as defined by law and jurisprudence;
"Products" refers to the material things that can be appropriated and that are offered for sale on this Site;
"Professional" means the buyer, whether a legal entity or a natural person, who is acting within the framework of his professional activity or in connection with it and as defined by law and jurisprudence;
"Site" refers to the present Site, i.e. www.deglon.fr;
"Company" means the Company Etablissements Jean Déglon, more fully described in Article I hereof; and
"User" means any person who uses the Site.n du Site.
Registration on the Site is open to all legal entities or individuals of full age and enjoying their full personality and legal capacity.
The use of the Site is conditional upon the registration of a User. Registration is free. In order to register, the User must fill in all the mandatory fields; otherwise, registration cannot be completed
Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to this information and available in their account.
All registered Users have a login and a password. These are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall not be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and regularise the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site. In the event of non-compliance with the GTC/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User. The deletion of the account shall result in the permanent loss of all benefits and services acquired on the Site, without this giving rise to any compensation of any nature whatsoever and for any reason whatsoever to the User. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GCS/GU, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the Company's prior and express authorisation.
Orders can only be placed once the User has registered on the Site. Once logged in to their account, Users can add Products to their virtual basket. The User can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the "Order" button. The Customer shall enter an address, a delivery method and a valid payment method in order to finalise the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarise the Order as well as the relevant delivery information. According to the payment methods indicated on the Site, the sale shall only be firm and definitive once the Company has received payment for the order, either in full or in the form of a deposit, online by credit card and any other secure payment method made available to the Client on the Site. The Company reserves the right to refuse or cancel any order from a Client with whom there is a dispute over payment. Once the order is firm and definitive, any cancellation or modification of the order, excluding the withdrawal period for consumer Clients, is only binding on the Company if it has accepted it in writing. In all cases, the Company reserves the right to invoice the Client for any costs it may have already incurred in preparing the order prior to notification of its modification or cancellation (excluding the right of withdrawal) by the Client, and may also retain the amount of the deposit or the full price for this purpose.
The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Client. The Company may grant the Client price reductions, discounts and rebates depending on the number of Products available on the Site ordered or on the regularity of the Orders, in accordance with the conditions set by the Company.
6. PRODUCTS AND PRICES
The Products covered by the GTC/GU are those which appear on the Site and which are sold and shipped directly by the Company. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company cannot guarantee the exact conformity of the Products, in particular in terms of appearance, to the samples proposed or photographed on the Website and all other media, such as the proof of delivery. These variations will be brought to the attention of the Consumer Client as soon as they are noted, thus enabling the latter to maintain or not the order.
Sales are made within the limits of the Company's available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and taking into account the applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products is not calculable in advance, or if it is a customised Product, the Company will send the Client a detailed quotation setting out the price calculation formula. Under no circumstances may a User demand the application of discounts that are no longer in force on the day of the Order. The Company Déglon is free to change prices at any time and at its sole discretion: the price due by the Customer under the Order remains the price in effect at the time of validation of the order, subject to availability of items at that date.
7. PAYMENT CONDITIONS
Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order. Depending on the nature or amount of the Order, the Company is free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by credit card via a secure connection.
In the event of failure to pay for all or part of the Products by the date specified on the invoice, the Professional Client shall pay the Company a shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation used is the most recent on the date of the Order for the services. In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Client shall automatically give rise to the payment of a fixed penalty of 40 euros due by way of collection costs.
In the event of non-payment of the Products in full or in part by the date agreed on the invoice, the Consumer Client shall pay the Company a Consumer shall pay the Company a late payment penalty equal to the legal interest rate. No compensation may be made by the Client between penalties for late supply of the Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site. The penalty due by the Client, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior notice of default being necessary.
Any unpaid (total or partial) or difficulty in payment (on all or part of the amount due) will automatically and with immediate effect the suspension of the execution of the obligations of the company Déglon (including the shipment of products ordered) until full compliance and will justify penalties within the legal limits, without this can engage its responsibility in any way. In the event of failure to do so, the Order may be terminated by Déglon to the detriment of the Customer. Any payment, subject to a possible legal right of withdrawal, is final and irrevocable.
The Company Déglon remains the owner of the products ordered by the Customer on the Website until full collection of the Price and therefore acceptance of payment by the payment centre partner.
At the end of the Order of Products on the Website under the conditions defined above, and after payment and collection of the Price, the Customer will receive on his Customer space the invoice corresponding to his purchase and summarizing the Products purchased, their quantity, the unit price, the Total Price of the order expressed excluding taxes and including all taxes, VAT, discounts or rebates. It is up to the customer to keep the said invoice in case of need of proof.
Any delivery of Products to the Customer can only occur after full payment of the price by the company Déglon and acceptance of the order with regard to the state of stocks of available products. It is recalled that for Business Customers, the delivery time is indicative, therefore any delay in delivery can in no way give rise to the cancellation of all or part of the Order or a price reduction or compensation of any kind.
The Company undertakes to make every effort to deliver the Products as quickly as possible. This may vary depending on the Client's geographical area, the delivery method chosen or the Product ordered.
If the delivery deadline is exceeded, which is fixed at 30 working days after the conclusion of the sales contract, except in the case of force majeure as defined below or an event attributable to the Client, the Consumer Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having enjoined the Company, in the same way, to make the delivery within a reasonable additional period, and if the Company has not complied.
In this case, the Consumer Client will be reimbursed within fourteen (14) days of the date on which the contract was terminated if payment has already been made. In the event that delivery is impossible due to an error in the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Client.
The following events in particular are considered to be cases of force majeure, relieving the Company of all responsibility any unforeseeable, irresistible event beyond the Company's control, and in particular, and without this list being restrictive, a shortage of Products, whatever the cause, the unavailability of suppliers or carriers, or any hazard arising from the latter, any health crisis due to a pandemic or epidemic as well as any measures taken as a result by the national or international public authorities, any hazard being the consequence of such a crisis or of the related public order measures, etc.
Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site: to the address indicated by the Customer when placing the Order, or to a relay point selected when placing the Order, which constitutes the contractual delivery address. A valid form of identification will be required to collect the Products. Otherwise, the Products ordered cannot be given to the Customer.
In the event of delivery outside French territory, it is the sole responsibility of the Customer to ensure that the import of the Product is compatible with the regulations in force in the country of receipt. In the event of delivery in France and if the Customer resides outside France, the Customer alone shall assume all costs and expenses (taxes, customs, etc.) that may be required when importing the Product into the country of reference.
9. CONSUMER RIGHT OF WITHDRAWAL
The Consumer has a right of withdrawal of 14 days as from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code. To exercise this right of withdrawal, the Consumer shall send a declaration to the address: email@example.com.
The Products must be returned in their original packaging and in perfect condition within 10 days of the Consumer notifying the Company of the withdrawal. The direct costs of returning the Products shall be borne by the Consumer. The Consumer will be reimbursed for the totality of the costs paid for the placing of the Order within 14 days of the Company becoming aware of his/her declaration of withdrawal and once the Products have been received by the Company in perfect condition. Any deterioration of the returned Product or its packaging may be subject to a discount that the Company may apply to the amount of the refund.
The refund will be made by the same means of payment used for the purchase.
Déglon provides the customer on its website a tool for co-design and customization (space my.D Lab), allowing him to customize his tool, according to various criteria (choice of a function, a shape of blade, handle, material, design to mark ...). As the result of using the configurator (my.D Lab area) is a personalised and individualised tool, any right of withdrawal is therefore excluded in this specific case.
10. TRANSFER OF RISK AND OWNERSHIP
The Company retains a right of ownership over the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the advance payments made shall be retained by the Company as compensation. For Consumer Clients, the transfer of risks takes place upon delivery or when the goods are collected from the relay point.
11. LEGAL GUARANTEES
Pour toutes les Commandes réalisées sur le présent Site, le Client Professionnel bénéficie d'une garantie de conformité, et à ce titre. Il lui appartient de vérifier l'état apparent des Produits lors de la livraison. A défaut de réserves expressément émises lors de la livraison, les Produits sont réputés conformes à la Commande, et la garantie de conformité est levée.
For all Sales Orders placed through this web site, the Professional Client is entitled to a guarantee of conformity. It is the responsibility of the Professional Client to verify the apparent condition of the Products upon receipt of the goods. If no reservations are expressly made at the time of delivery, the Products shall be deemed to be in conformity with the Order, and the guarantee of conformity shall be lifted.
The Professional Customer also benefits from the legal guarantee against hidden defects. This warranty is limited to a period of ONE (1) year from the date of receipt of the Products. In the event of discovery of a defect during this period, the Client must notify the Company within a maximum of THREE (3) days from the date of such discovery, and in accordance with the conditions of form below.
Under the above guarantees, the Professional Client must send the Company, at the address firstname.lastname@example.org, a statement in which it expresses its reservations and claims, together with the relevant supporting documents (receipt countersigned by the carrier, photographs, etc.). A claim that does not respect the conditions described above cannot be accepted.
In application of these guarantees, and if the lack of conformity or the defect are proven and are indeed attributable to the Company, the Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
For Consumer Customers, the Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
"The seller delivers a good in conformity with the contract and is responsible for any defects in 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 the latter was made his responsibility by the contract or was carried out under his responsibility. "
Article L.217-5 du Code de la consommation :
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
With regard to the existence, conditions of implementation and content of the Customer's guarantees, the Order of 18 December 2014, specifies for individuals or consumers, that: "- The Seller is liable for defects in the conformity of the goods to the contract under the conditions of Article L.211-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code ;
- Thus, when the Customer acts under the legal guarantee of conformity, (i) he has a period of two years from the delivery of the goods to act; (ii) he can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L211-9 of the Consumer Code, (iii) he is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods and according to which, (iv) the legal guarantee of conformity applies independently of any commercial guarantee that may have been 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 that, in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Any Product resold that has been altered, modified or transformed is not covered by the warranty. The warranty is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.
In the event of damage resulting from the execution of the order or the non-execution or poor execution of the order in whole or in part by the Company, the Company shall in no case be liable for indirect damage. In the event of any direct damage, the Company's liability is limited to the amount of the order excluding VAT for Professional Clients and to the amounts of compensation set out in the Company's insurance policy for the categories of damage concerned, for Clients acting as consumers. This excludes direct and indirect damage resulting from an event of force majeure or an act attributable to the Client or any third party, for which the Company shall have no liability. The replacement of the Products does not extend the duration of the warranty.
The Company reserves the right to make changes to the Site, the GTC/GU and any delivery procedure or other component of the services provided by the Company through this Site. When an Order is placed, the User is subject to the provisions set out in the GTC/GU in force at the time the Order is placed.
13. PROCESSING OF PERSONAL DATA
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site. This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the Data Protection Act of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 and Law No. 2018-493 of June 20, 2018, the Customer has, at any time, a right of enquiry, access, rectification, modification and opposition to all of its personal data by writing, by mail and proving his identity, to the following address Société Déglon - Zone industrielle de Felet (63307) Thiers.
These personal data are necessary for the processing of its Order and the establishment of its invoices if necessary, as well as to improve the functionality of the Site.
14. SHARING OF DATA COLLECTED
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third party companies may have access to his/her data to enable the proper functioning of the Site.
These third-party companies only have access to the data collected in order to carry out a specific task.
The Site remains responsible for the processing of this data.
Furthermore, the User may receive information or commercial offers from the Company or its partners. The User may at any time object to receiving such commercial offers by writing to the Company's address indicated above or by clicking on the link provided for this purpose in the e-mails received.
In addition, Customer information may be passed on to third parties without the Customer's express prior consent for the following purposes: to comply with the law, to protect any person from serious bodily harm or death, to combat fraud or attacks on the Company or its users, to protect the Company's property rights.
15. DATA PROTECTION
The Company ensures an appropriate level of security commensurate with the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security
To enable its Users to benefit from optimal browsing on the Site and better Operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a "cookie" file on the User's hard disk.
The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunctioning shall in no way constitute damage for the member who shall not be entitled to claim any compensation as a result.
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.
18. INTELLECTUAL PROPERTY
The brand, the logo and the graphic charter of this Site are registered trademarks with the INPI and are intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.
19. SETTLEMENT OF DISPUTES
When a written contract is concluded, the Consumer Client is informed by the Company that he/she may have recourse to the consumer mediation procedure under the conditions set out in Title I of Book VI, in the event of a dispute (C. consom. art. L 211-3) or a difference of any kind whatsoever. In the event of a dispute and before contacting a consumer mediator, please contact our customer service. The Company will then communicate, at the Consumer Client's first request, the contact details of a consumer mediator that it has selected.
20. JURISDICTION CLAUSE
The law governing the GCS/GU is French law. Any dispute that may arise between the Company and a User during the performance of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law
21. ACCEPTANCE OF THE GCV/CGU
The Client or the User expressly accepts the GTC/UG.
The Customer declares that he/she is aware of them and waives the right to rely on any other document, in particular his/her own general terms and conditions of purchase.
The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular :
the essential characteristics of the Product ;
the price of the Products ;
the date or period within which the Company undertakes to provide the Service ;
information relating to the identity of the Company (postal, telephone and electronic contact details);
information relating to legal and contractual guarantees and their implementation procedures;
the possibility of resorting to conventional mediation in the event of a dispute ;
information relating to the right of withdrawal (deadline, methods of exercise).