Terms of Sales

Back to home 1. Mentions imposed by the law of confidence in the digital economy, object of the site http://www.insolitetsecrets.fr and designation of the parties This site is published by the company DMLD Créations, Société par Actions Simplified, registered with the Paris Trade and Companies Register under number 821 499 522 RCS Paris, with a capital of 400.00 euros, and whose registered office is located at 5 rue de Thionville, 75019 PARIS. The publisher can be reached by telephone on 06 45 66 53 91 or by e-mail at the following address: contact@insolitetsecrets.fr The director of publication of this site is the manager of the company DMLD Créations. This site is open and free to all Internet users. Its purpose is the online sale of costume jewelry and fashion accessories. The subscription to a contract governed by these general conditions, with the publisher of this site supposes the acceptance, by the Internet user, of these general conditions. The Internet user acknowledges by the same fact that he has taken full knowledge of it. This acceptance will consist in the fact, for the Internet user, to tick the box corresponding to the following sentence: “I acknowledge having read and accepted the general conditions of sale and use of the site. ". This fact of ticking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he renounces to contest them in the event of a dispute. The acceptance of these general conditions supposes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person. 2. Method of subscription of orders and description of the purchase process In order to satisfy the provisions of the law of confidence in the digital economy of June 21, 2004, the order process will be described below: The availability of products is indicated on the site, in the description of each article. In order to place an order, Internet users will be able to select one or more items, customize them if necessary and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose. By consulting their basket, members will be able to check the number and nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will be able to remove one or more items from their basket. On this summary, customers will also be informed of the option they have or not to exercise their right of withdrawal as well as the deadlines that apply. If their order suits them and they wish to validate it, Internet users can click on the validate button, they will then access a form in which they can either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with the personal information concerning them. As soon as they are connected or after they have fully completed the form, customers will be invited to check or modify their delivery and invoicing details and then will be invited to make their payment by being redirected to this effect on the interface. secure payment. Once the payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum period of 24 hours. Similarly and within the same deadlines, the publisher undertakes to send the customer an e-mail summarizing the order and confirming that it has been processed, also containing all the information relating to the order, the products ordered, their delivery. , as well as the procedures for exercising their right of withdrawal. 3. Price / Participation in treatment costs The prices indicated on the site are understood to be in Euros, all taxes included (tax on precious metals and jewellery, if applicable included), excluding delivery costs and without discount. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future. The delivery costs will, in any case, be indicated to the customer before any payment and only concern deliveries made in Metropolitan France, Corsica included. For any other place of delivery, it will be up to the customer to contact customer service. 4. Retention of title clause The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the buyer upon delivery. 5. Payment The Internet user can place an order on this site and can pay by credit card. Credit card payments are made through secure transactions provided by our financial partner. In the context of payments by credit card, the publisher of this site has no access to any data relating to the means of payment of the user. Payment is made directly to the bank. In the event of payment by cheque, money order and bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to bring the proof by any means. 6. Delivery a) Delivery time Orders are delivered by post, within 15 working days from full receipt of the price corresponding to the consideration, by the seller. Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the consumer during the validation of the order. b) Delivery error and apparent defect The customer undertakes to check the conformity of the product with his order upon delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint within 48 hours/7 working days of delivery. After this period, the product will be deemed to have been received in conformity by the customer, who will no longer be able to rely on a delivery error or an apparent defect. c) Damage and partial loss In accordance with Article L 133-3 of the Commercial Code, receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within 48 hours, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest. Complaints related to the transport of the products must therefore be entered on the transport document and countersigned by the carrier, then confirmed to the carrier and to the publisher by registered letter with acknowledgment of receipt within 48 hours of receipt. products under penalty of foreclosure of reservations and claims. d) Late delivery Any late delivery of more than 7 days may lead to the resolution of the sale on the initiative of the consumer, upon simple written request on his part, sent by registered letter with acknowledgment of receipt. The consumer will then be reimbursed for the sums incurred by him when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure beyond the publisher's control. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article. 7. Provisions relating to consumer rights a) Customer service The customer service of this site is accessible from Monday to Friday from 9 a.m. to 6 p.m. at the following number: 06 45 66 53 91, by e-mail at the following address: contact@insolitetsecrets .fr or by post to the following address: DMLD Créations, 5 rue de Thionville, 75019 PARIS. In these last two cases, the publisher undertakes to provide an answer within two working days. b) Right of withdrawal In accordance with the legislation in force, consumers have a period of 14 days from the date of receipt of the package to request an exchange or refund. In order to exercise this right, it is their responsibility to return, at their expense, the package to the address: DMLD Créations, 5 rue de Thionville, 75019 PARIS, accompanied by a letter requesting either reimbursement or exchange. In accordance with the provisions of Article L121-20-2 of the Consumer Code, consumers may under no circumstances claim to exercise any right of withdrawal for orders of all products clearly personalized or made according to their specifications (e.g. engravings etc). All returns must be complete (packaging, notices, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, so they must not be soiled or damaged (due to their use). The estimated return costs are €6 incl. VAT, the average price of a colissimo. 8. Guarantee of products purchased on this site All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force and thus benefit from all the titles necessary for their marketing. In the event of receipt of a defective product purchased on this site, the customer has a period of 7 days to notify us of the incident. In order to exercise one of these rights, it is their responsibility to return the package to the address of the company's headquarters: DMLD Créations, 7 rue de Thionville, 75019 PARIS, accompanied by an explanatory letter. Certain objects acquired on this site benefit, in addition to the guarantee against hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L211-5 of the consumer code which are, where applicable, always applicable and which are defined above, a conventional warranty offered by the seller, for a period of twelve months. The warranty is limited to the value of the item. Damage due to normal wear or regular use, contact with water, misuse, exposure to chemicals, detergents, extreme temperatures, chafing, is not covered by the warranty, as for example, the oxidation of silver jewelry, the seams of a handbag, the loss of stones, are not covered by the guarantee. Article L211-4 The seller is required to deliver goods that comply with the contract and is liable for any lack of 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 this has been charged to him by the contract or has been carried out under his responsibility. Article L211-5 To comply with the contract, the good must: 1 Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L211-12 The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article 1641 of the Civil Code The seller is bound by the guarantee for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it. , or would have paid less, if he had known them. Article 1648 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. Article L211-15 The commercial guarantee offered to the buyer takes the form of a written document made available to the buyer. This document specifies the content of the guarantee, the elements necessary for its implementation, its duration, its territorial scope as well as the name and address of the guarantor. It mentions that, regardless of the guarantee thus granted, the seller remains liable for defects in the conformity of the goods with the contract and for redhibitory defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code. It reproduces in full and visibly articles L. 211-4, L. 211-5 and L. 211-12 of this code as well as article 1641 and the first paragraph of article 1648 of the civil code. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it. 9. Personal space The creation of a personal space is an essential prerequisite for any order from an Internet user on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the customer account. Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the personal space and the validation of the conclusion of the contract. The refusal by a member to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order. This space allows the customer or member to view all their orders placed on the site, and also allows them to track the delivery of goods purchased or to modify their personal information. If the data contained in the personal space section were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, these information having no probative value but only an informative character. However, the publisher undertakes to securely store all contractual elements whose storage is required by law or the regulations in force. The pages relating to personal spaces are freely printable by the holder of the account in question but do not constitute proof, they are only informative in nature intended to ensure efficient management of their orders by the customer. When creating the personal space, the user is prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the member has knowingly provided erroneous information, during his registration and creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts justify it. 10. Contributions from members Members are offered the option of contributing to the content of this site, by publishing comments or testimonials on their use of the products offered on this site, or on their contractual relationship with the publisher. Contributions, in the form of comments, must be made in French and will be subject to validation by the publisher or its team of moderators. Contributors are informed that the publisher of the site, represented if necessary by the moderators, may choose to publish the article in question on the newsletters of this site and on the sites of all its partners, at the expense of the publisher of cite the pseudonym of the author of the contribution. The author therefore waives his rights to the content of the contributions, for the benefit of the publisher of the site, for any distribution or use, even commercial, on the internet medium, this, of course, always with respect for the paternity of the author. 11. Publisher's newsletter By ticking the box provided for this purpose or by expressly agreeing to this, members accept that the publisher may send them, at a frequency and in a form that it will determine, a newsletter (newsletter) which may include information relating to its activity. When the user ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered. Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters). 12. Mentions relative to the Data-processing law and Freedoms, of January 6, 1978 The Net surfers have the free faculty to provide personal information concerning them. The provision of personal information is not essential for navigation on the site. On the other hand, the inscription on the present site supposes the collection, by the editor, of a certain amount of personal information concerning the Net surfers. Internet users who do not wish to provide the information necessary for the use of the services offered by this site as well as, where applicable, necessary for the creation of a personal space, may not use the services offered by the publisher of this site, or place an order on this site. In the context of an order on this site, the information relating to the collection of data relating to payment, in particular the bank card number and its use for commercial identification purposes is subject to the collection of the consent of the person concerned. , through the various forms present on the site. The data collected is necessary for the proper administration of the services offered on this site as well as for the respect of its contractual obligations by the publisher. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, except with the express consent of the users or in cases provided for by law. The contact details of all users registered on this site are saved for a period of one year, a reasonable period necessary for the proper administration of the site and normal use of the data. These data are kept under secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978. In accordance with the latter, they have a right of opposition, query, access and rectification of the data they have provided. To do so, they simply need to make a request to the publisher of this site, by sending it to the following email address: contact@orkad.fr, or by post to the address of the head office of the publisher mentioned at the beginning of these general conditions. The personal data collected is subject to computer processing and is exclusively reserved for the site editor. The data controller is the president of DMLD Créations, whose contact details are indicated at the top of these general conditions. The personal data collected is not subject to any transfer abroad. Registrant number: 1986685 In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow the proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network. The publisher must communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on a judge's order). The IP address of your computer may be reconciled with the effective identity of the subscriber held by the ISP (internet service providers). 13. Mentions relating to the collection of "cookies" In order to allow all Internet users an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the publisher may proceed to the implementation of a cookie. on the user's computer station. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be kept on the Internet user's computer for a variable period of up to one month, and may be read and used by the publisher during a subsequent visit by the Internet user to this site. . The user has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain services or functionalities provided by the publisher, this malfunction can in no way constitute damage for the member who will not be able to claim any compensation for thereby. 14. Exemption from the responsibility of the editor within the framework of the execution of this contract damage and cannot claim any compensation. In case of delivery of a manifestly and visibly damaged package, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and can in no way give rise to the granting of damages from the site or of its publisher. The visual representations of the products, published on this site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the publisher who can in no way be held liable for this fact. The products sold on this site being marketed in accordance with the laws and regulations in force in France, the publisher cannot therefore be held responsible for non-compliance with the regulations and laws in force in other countries. The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit by the Internet user to one of these sites causes him harm. 15. Intellectual property rights relating to the elements published on this site All the elements making up this site belong to the publisher and are therefore protected by the legislation relating to intellectual property. Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against you by the editor. This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter. 16. Miscellaneous clauses These general conditions are subject to the application of French law. The language of the contract is French. These general conditions may be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them. Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. If one of the clauses of these general terms and conditions were to be declared null by a court decision, this nullity could not entail the nullity of all the other clauses, which would continue to produce their effect. The fact, for the publisher, of not availing himself temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver to avail himself of the rest of the general conditions. Back to Home