- Terms used hereinafter have the following meaning:
- “Customer”: refers to the joint contractor of the seller
- “Seller”: refers to the company CANAILLES DREAMS SAS
- “Product”: refers to the whole of products proposed by Canailles Dream
- “Delivery”: refers to the first presentation of the products ordered by a customer at the delivery address indicated during the order
- FIELD OF APPLICATION
- These terms and conditions are ruling the relations between the company Canailles Dream (hereinafter “CD”) and every customer passing an order, without prejudice of the special conditions agreed in writing between the customer and CD, notably in distribution framework agreements or special conditions of sales, that can contravene or modify them.
- The order addressed to CD implies application of these general terms and conditions of sale and their full acceptance by the customer. They prevail over the customer’s terms and conditions of purchase.
- ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
- The customer commits to read assiduously these general terms and conditions of sale, and admits accepting them in totality, without hesitation.
- The customer admits that CD website is for consumers and that professionals must contact the sales department of the seller so that it benefits of separate contractual conditions.
- By clicking on the button to pass and confirm an order, the customer recognise having taken note, read, understood and accepted the General terms and conditions of sale without limitations nor conditions and is equal to a consent to contract.
- The General terms and conditions of sale enter into application at every new order placement to CD.
- To pass an order, the customer must select on CD website the products he wish to acquire so that it constitutes his cart. After having validated his cart, the customer must accept the General terms and conditions of sale, choose the delivery and billing address. Then, he must proceed to the settlement by debit card (debit/credit card, Visa, Mastercard) for the order to be taken into account by CD.
- The customer will then be in possession of his purchase order number and bank transaction number. He will receive from CD an email acknowledging receipt of his order informing that it is validated and will be sent upon receipt of the payment.
- The products presented on CD website are proposed within the limits of available stock. In case of stock shortage, CD commits to inform the customer of the best delivery date.
- PRICE AND PAYMENT TERMS
- FARES AND PRICES
- CD products are supplied at the prices in force at the time of the order. Prices are stated in euros, all taxes included, not including shipping costs. Taxes applied on the products prices are those of the countries indicated by the delivery address that the customer will have indicated during passing of the order.
- Prices showed on the catalogues and prospectus are given on an indicative basis and can be modified in the course of the year by CD.
- Settlement of the orders is only done by debit card (debit/credit card, Visa, Mastercard). The payment of the order is due in its entirety.
- Payments are secured according to the HTTPS protocol: as from twenty-five (25) euros, the 3DSecure system is set up.
- CD has opted for a security system in 3DSecure protocol. 3DSecure is a software created by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) in order to reinforce security of the payments by credit and debit card on the internet.
- The internet user carries out an order on a 3DSecure website. During the payment of his order, the customer enters his regular bank information (credit/debit card number, date of validity and visual cryptogram).
- If the customer is registered 3DSecure, the card’s holder is sent on the verification website of his bank.
- After validation of the input and agreement of the customer’ bank, the latter will pass to CD an agreement to pursue the payment procedure.
- At no time CD has access to the customer’s confidential information on his payment.
- LATENESS AND DEFAULT ON PAYEMENT
- The deadline for payment of the sums due by the debtor is thirty (30) days after issue of the invoice. In case of a payment occurring after the date mentioned in the invoice, late penalties are due in accordance with the article L.441-3 of the Commercial Code. Late penalties rate are calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) points of percentage, for the entirety of the remaining sums due as of due date of the invoice.
- Penalties are due within rights, without prior reminder or formal notice. They are in effect from the day after the date of the settlement stated on the invoice or, if not, the 31st day following the receiving date of the goods or the end of the fulfilment of the provision of service.
- In case of a total or partial default on payment, CD can in addition, according to the terms of the article L.121-11 of the french “Consumer code” :
- Modify the next orders conditions of payment and only accept advance payments on proforma service invoices ;
- Suspend all ongoing orders ;
- In case of a default on payment within fifteen (15) days after a formal notice addressed by any means and stayed unsuccessful, the sale can be ended within its rights by CD which can demand restitution of the products delivered at the customer costs as well as damages
- DELIVERY CONDITIONS
- For sales in France, delivery of products is done by remittance to the point of delivery indicated by the customer. Risks attached to the products are transferred to the customer upon handing of the product to the transporter.
- In case of a sold out, CD commits to inform the customer about the possible delivery period.
- Delivery is carried out with our partners Chronopost and DPD. Orders going to non-European Union countries are not submitted to the french Value-added tax (VTA). Nonetheless, they might be submitted to the country of destination’s taxes and custom fees. These costs and formalities are paid by the customer/recipient. They must be directly settled to the transporter during the delivery. We recommend to contact the Customs service for more information.
- The customer is sole responsible about the verification of importation possibilities and the compliance of the ordered products on the norms, standards and laws of the country of destination.
- CD remains fully liable to the customer for the proper accomplishment of the contract obligations, concluded by an order form, that these obligations are to be fulfilled by CD or one of its partner, without prejudice to its right of plea against them.
- However, CD cannot be held liable of delays and errors of delivery caused by a non-fulfilment or wrong fulfilment of the accountable contract, either to the customer, either to the unforeseeable and insurmountable fact of a third party to the contract, either in case of a force majeure (see FORCE MAJEURE).
- DELIVERY ZONES
- Hereunder, a list of delivered countries by each of our shipping partners and the fares including all taxes pertaining to it:
- Destinations offered by Chronopost & fares
|Chronopost||Great Britain||103 €|
|Chronopost||Czech Republic||114 €|
- With Chronopost, for every order passed from Monday to Friday, excluding public holiday, delivery will be done under two (2) working days for France, and between four (4) to eight (8) working days for the rest of Europe upon receipt of payment by CD.
- Destinations offered by DPD & fares
|DPD||Great Britain||50 €|
|DPD||Czech Republic||75 €|
- With DPD, for every order passed from Monday to Friday, excluding public holiday, delivery will be done under seven (7) working days for France, and under fifteen (15)working days for the rest of Europe upon receipt of payment by CD
- DELIVERY SERVICES
- Products delivered to the address indicated by the customer on the purchase order. The customer must verify the exhaustiveness and accuracy of the information provided to CD.
- CD cannot be held liable of delays and errors of delivery caused by potential input errors of the customer, nor in case of disruptions of transport services and networks (see FORCE MAJEURE).
- TIME OF DELIVERY
- Period of time presented by CD are those announced by the chosen transporter. It is an average period of time depending on availability of the product and its place of delivery. Exceeding this period of time cannot lead to no annulation of order, no reduction of the price payed by the buyer, and no payment as damages.
- Nevertheless, in compliance with the provisions of the article L.221-15 of the french “Consumer code”, CD is exempt of all or part of its liability by bringing proof of a breach or non-fulfilment of the contract accountable to the customer, or an insurmountable and unforeseeable fact of a third party, or in case of force majeure.
- RIGHT TO WITHDRAWAL
- In compliance with the provisions of the articles L.221-18 and L.221-19 of the french “Consumer code”, the customer has a period of withdrawal of fourteen (14) calendar days, running from the day after the date the customer takes physically possession of the product, to exercise its right of withdrawal without paying penalties except return costs of designated products that are borne to the customer.
- For the period of withdrawal to be accepted, customer must give its decision regarding the exercise of its right to withdrawal before the expiry of the fourteen (14) calendar days period.
- In compliance with the article L.221-12 of the french “Consumer code”, the burden of proof of the exercise of the right to withdrawal carries on the customer.
- To exercise its rights to withdrawal, in compliance with the provisions of the article L.221.21 of the french “Consumer code”, the customer must notify its decision to withdraw of the contract by means of a statement deprived of ambiguity to the following mail address: email@example.com
- CD’s customer service must approve the return demand and will send to the customer a return note. He will be invited to return its product(s), as well as all products stem from promotional offers free or not, to the indicated address.
- Subsequent to the customer withdrawal decision, CD commits to exchange or reimburse in its entirety the sums payed by the customer, including delivery charges, Reimbursement will be done using the same form of payment as the one used by the customer for the initial transaction. The product must not have been used, must be undamaged, in a perfect state of resale and must have been returned in its original wrapping. All damaged product, incomplete, or whose wrapping is spoiled will not be exchanged, nor reimbursed.
- Reimbursement will occur after receipt of the package by CD or until the customer has provided a proof of shipment of the product, as is stating the article L.221-14 of the french “Consumer code”. Retained date is the one of the receipt of the good by CD.
- The product must be sent to the following address: Le Roy Logistique – Parc d’Activités Ekho, 2 rue de la Feuilleraie – 85500 LES HERBIERS.
- According to the provisions of the articles L.221-23 and L.221-24 of the french “Consumer code”, direct costs of products return are at the customer expenses and CD is not bound to reimburse the additional costs if the customer has specifically chosen a more expensive delivery method than the standard one used and proposed by CD. The article L.221-23 of the french “Consumer code” clarify that the customer can be held liable in case of depreciation of the goods resulting from manipulations others than the ones necessary to establish the product nature, characteristics and proper functioning.
- The article L.221-28, third, of the french “Consumer code” explains that the right to withdrawal is excluded in the hypothesis of products created under a customer specifications, or products distinctly personalised.
- Products are packed in such a way as to respect the shipping standards in force and to assure a optimum protection of the products during the delivery.
- The customer must respect these same standards during a product return, whether it is during an After-sales service or a chosen return. If CD notes that the returned product is damaged because of a lower quality wrapping, CD reserves itself the right to not reimburse, or only partly, the product or refuse to reimburse in case of impossibility of resale as is.
- CONTROL OF THE PACKAGE UPON RECEIPT
- It is of the customer responsibility to inspect the package upon receipt, in the delivery driver’s presence, and notify immediately to the transporter, on the delivery form and to the CD’s customer service, all anomalies observed, partial or total deterioration (see the procedure to follow at chapter DAMAGES OBSERVED ON THE GOODS).
- In the case where such mentions would not have been written on the delivery form shown to the customer by the delivery driver, no complaint concerning the package(s) state will be accepted ex post by CD. In the absence of reluctance, the package is esteemed accepted by the customer.
- DAMAGES OBSERVED ON THE GOODS
- The seller is liable until delivery of the product to the customer. It is up to the customer, in case of damage, missing product, visible defect or non-compliance of the ordered or delivered product, to do any observation and reluctance on the waybill and confirm its hesitations by registered letter with acknowledgment of receipt to the transporter with sending of a copy to CD. It is necessary to provide photos and visuals permitting to justify the damage. The article L.133-3 of the french “Consumer code” explains that the customer has at its disposal a period of seventy-two (72) hours to notify the damages or partial losses noticed during the delivery to the transporter.
- Visible defects and products non-compliance must be declared to CD during the next forty-eight (48) hours following physical taking by the customer, by email to this address: firstname.lastname@example.org
- No return will be accepted once this period of time is expired and all additional spare part will be charged.
- All product return must beforehand be subject of a written request to CD containing all information related to the problem. No return can be made without CD’s agreement.
- Products whose return is accepted must be returned to the address indicated by CD, during the thirty (30) days following CD’s agreement. Gone this period, none product return will be accepted by CD. Return costs, subject to their reasonable cost, will be at expenses of CD as states the article L.217-11 of the french “Consumer code”. Risks during the return will be at the customer’s charge until receipt of the product by CD.
- The customer can obtain the free replacement of the product or a credit note, to the discretion of CD, apart from any compensation and damages, from the moment that the products are indeed given back in good condition to CD and that it is duly observed by CD that the delivered products are not improper or affected by a vice.
- .The legal guarantee include every contractual agreement between CD and its customer. In accordance with the legal provisions, delivered products by CD benefit from the guarantee provided by the article L.217-4 to L.217-14 of the french “Consumer code”, and by the articles 1641 to 1649 of the french Civil code.
- Conformity guarantee actions have a two (2) years prescription as of delivery of the good, and the period of time to act guarantee of latent defects is of two (2) years.
- In case of malfunction or failure, customer must fill a complaint by email to the After-sales service of CD to the following address: email@example.com
- The original and dated purchase invoice will be asked to benefit from the guarantee
- This guarantee does not cover manufacturing defects, except for damages due to an improper use as transport of inappropriate objects, carelessness, accidents, friction wear and tear, normal erosion or deteriorations during transport, exposure to extreme temperatures, solvents, acids or water.
- OFFICIAL DOCUMENTS
- The customer commits to communicate to CD, at the latter’s request, any official document and/or useful information, likely to confirm the finale destination of the products. If not, the customer will have to reimburse CD of all fees or penalties owed on account of the customer’s failure to its obligation of information and/or any false declaration made by the customer on the finale destination of the product.
- LIMITATION OF LIABILITY
- CD cannot be held liable for any wrong execution or breach of the contract, or any delay in the delivery resulting from a fact or compelling and unpredictable conduct of the client alone, a third party to the contract, or a case of force majeure, as stated by the article L.221-15 of the french “Consumer code”.
- FORCE MAJEURE
- According to french legal precedents and the article 1218 of the Civil code, the force majeure is an event escaping the debtor control, that could not have been reasonably foreseen when entering into contract and whose effects cannot be avoided by fitting measures, preventing the execution of the debtor obligation.
- Liability of CD cannot be engaged to repair directs materials damages that would result of a failure to act of the client and solely within the limit of the amount of the order.
- Liability of CD can never be engaged to obtain compensation of indirect damages or intangible damages, such as loss of order, deficiency, loss of opportunity, any prejudice of a commercial or financial nature or resulting of an action directed against the client by a third party.
- PROTECTION OF PERSONAL DATA
- CD collects personal data related to the client on its website, including through cookies.
- Personal data about the client are essential of the order process. Use of these data by CD is done under strict respect of the law n°2204-575 of the June 21st, 2004, about confidence in the digital economy. Data collected are used to process the orders passed on the website, manage the client account, analyse the orders and, if the client choose this option, send it information and promotional offers.
- According to the dispositions of the article 40 of the law n°78-17 of January 6th, 1978, on information technology, data files and civil liberties, every person passing an order via the website has the right to request the modification, rectification, update, locking or deletion of the data concerning her. Notably data related to information permitting to CD to process and deliver the ordered products.
- In compliance with the dispositions of the Regulation (UE) 2016/679 of the European Parliament of the Council of April 27th, 2016, about the protection of individuals regarding the processing of personal data and the free movement of data (said “RGPD”), CD only collects data useful to the proper administration of the orders. Every person passing an order via the website has the right deletion and portability of data, the right to oblivion, the right to the limitation of process.
- The consent is requested in a clear manner on the website.
- To exercise its rights, the client must address to: Canailles Dream – 11 rue Carnot – 94270 LE KREMLIN-BICÊTRE; or by email to the following address: firstname.lastname@example.org.
- The client must be able to prove its identity by scanning its ID card, or by addressing to CD a photocopy of it.
- LAW COMPLIANCE
- The products are in compliance with the French legislation in force, as well as to the European regulations and notably to the regulation practicable to the products security.
- INTELLECTUAL PROPERTY
- All visuals and sounds elements of the website, including the underlying technology used, are protected by the copyright law, “droit d’auteur”, trademark law and patent law.
- The company name and logo are protected by copyright law, “droit d’auteur” and intellectual property. Patents associated to the products, all texts, visuals, photos, videos, and all content generated by CD are owned by the trademark CANAILLES DREAM.
- No reproduction or use of all or part of one of this contents and elements for any purpose and on any medium whatsoever is allowed without prior written consent of CD.
- If need be, all breach and violation is constitutive of a counterfeiting and is punishable in this capacity.
- The customer commits to respect the whole of the intellectual property rights of CD on it products (patents, copyrights, “droit d’auteur”, trademarks, etc.).
- The customer forbids itself, subject to prosecution:
- To reproduce in all or part any one of the products;
- To hand over to third parties information permitting the complete or partial reproduction of these models, in which case the customer would be accomplice of counterfeiting;
- The customer commits to inform CD of any counterfeit of which it would be aware of.
- LAW IN FORCE AND JURISDICTIONAL AUTHORITY
- The sales contract is ruled exclusively by French law. In case of sales outside of France, the dispositions of the Vienna Convention on the international sale of goods of the 11th of April, 1980, will apply.
- All dispute related to the validity, interpretation or execution of the sales contract or more generally to the contractual relationship between the parties will be under authority of the High Court of Paris (“Tribunal de Grande Instance de Paris”, France), including in case of emergency interim proceedings (“procédure de référé”), incidental claim (“demande incidente”), plurality of defendants, or guarantee call (“appel en garantie”).