Legal Notice :
Dealy is a site published by Anatole Rozan, whose head office is located at 266 avenue Napoléon Bonaparte 92500 Rueil-Malmaison.
Dealy is a brand of SAS LAREVOLTE with a capital of 5000 € which is registered in the Trade and Companies Register (RCS): B 797 495 553 Nanterre - whose VAT number is FR04797495553 and its e-mail address is: contact@ macoque.com.
It is governed by Article L441-6 of the Commercial Code and in accordance with Article L111-1 of the Consumer Code:
Article 1: APPLICATIONS OF THE CONDITIONS
The Buyer is defined below as being any natural or legal person, company, company, association, individuals using the Dealy site signatory and accepting these general conditions of sale. The general conditions of sale apply exclusively to all sales concluded by Dealy. All other conditions only bind Dealy after written confirmation from Dealy. The information given on the Dealy site for catalogues, photographs, price lists, notes, etc. are given for information only and may, as such, be modified by the Seller without notice. These general conditions of sale may be modified at any time and without notice by Dealy, the modifications then being applicable to all subsequent orders. Dealy may occasionally modify certain provisions of its general conditions of sale, so we imperatively advise the Buyer that they be reread before each validation of the order. The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented within the framework of the Dealy online store.
Article 2: ORDERS
Offers are valid within the limits of available stocks from our suppliers. We take the greatest care in putting essential information and characteristics on the products online, thanks in particular to the technical descriptions emanating from our various partner suppliers and the photographs illustrating the products.
Article 2-1: DESCRIPTION OF PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The detailed product sheet is the only contractual source. Our suppliers may change the technical composition of the products without notice. Dealy is at any time entitled to update, improve its technical data sheets or withdraw its products and/or peripheral products from sale.
Article 2-2: AVAILABILITY OF PRODUCTS
In the event of unavailability of a product ordered, Dealy can provide a product of equivalent quality and price. Our offers are valid subject to availability from our suppliers. We undertake to inform you by e-mail within twelve clear days and to indicate a waiting period for receipt of this product in the event of availability after placing your order. In the event of partial unavailability of the products, Dealy may be required to split the order. Thus the available products can be sent when all the other products are available. In case of unavailability of a product ordered, in particular because of our suppliers, the Buyer will be informed as soon as possible and will have the possibility of canceling his order. The Buyer will then have the choice of requesting reimbursement of the sums paid within 30 days at the latest of their payment, by check, or of waiting for the availability and delivery of the products.
Article 2-3: STEPS TO CONCLUDE THE ORDER
During each order validation, you will be directed to a page via a secure connection recalling the content of your order. Your order will only be definitively registered after information of the various information and final validation. When you save the order by selecting a method of payment, the sale is deemed concluded.
Article 2-4: CANCELLATION OF THE ORDER
The order placed on our Dealy site is automatically canceled if payment is not received within two clear days. From the moment the Buyer has validated his order, he is considered to have accepted knowingly and adherence without restrictions or reservations to these general conditions of sale. The Buyer's order must be confirmed by Dealy by sending an e-mail. The sale will not be considered final after the sending of this confirmation email and receipt of the full price. Dealy recommends that the Buyer keep this information in a paper or electronic document.
Article 3: PRICE
The prices appearing on the Dealy site are indicated in euros ( € ), excluding delivery costs and any technical costs which will be indicated before the validation of the order. The prices appearing on your order after its validation and registration are firm and final. If the prices drop after your order, we will not be able to compensate you for the difference. If prices increase, we undertake to deliver to you at the price set on the day of the order. The prices are expressed inclusive of VAT. At no time can the sums paid be considered as a deposit or down payment. The collection of the entire amount of the order will be made at the time of validation of the order or in the event of payment by check or transfer, upon receipt.
Article 4: DELIVERY
The products are delivered to the address indicated by the Buyer when ordering. He must verify the completeness and conformity of the information he has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order has been validated. We invite you to inform us of any delay in delivery of more than twelve days in order to allow us to start an investigation with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If during the investigation period, the package is found, it will be sent immediately to your place of delivery. By express agreement, a case of force majeure preventing delivery cannot be attributed to Dealy. Are considered as cases of force majeure or exceptional events by law the LOCK-OUT, strike, total or partial work stoppage at Dealy or at its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. the Seller is released from all liability upon delivery. The seller will keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations to the Seller, whatever the cause.
Article 5: TRANSPORT
Unless expressly agreed otherwise, Dealy freely chooses the carrier. Dealy bears the risks associated with transport until delivery, that is to say until the physical delivery of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that the 'Buyer checks the goods upon receipt in the presence of the carrier and indicates, if necessary, in writing on the transport voucher or consignment note, the reservations observed according to the procedure below. By exception, the risks and perils of transport, in particular loss, deterioration or theft, are the responsibility of the Buyer if the latter is a professional. You must refuse delivery if the package or the goods are damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, you must issue precise and detailed written reservations on the carrier's travel voucher or consignment note in the presence of the carrier or its employee (Reservations of the style "subject to unpacking control" n 'on no value). In order to help you in these steps, we invite you to contact us via the contact page. For any questions or difficulties you may encounter, we invite you to contact us via our contact page.
Article 6: COMPLAINTS, GUARANTEES, RETURNS
For any complaint, we invite you to contact us by going to the contact page of our site. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous references in relation to the accepted offer or the confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgment of receipt. within 48 hours of receipt of the goods. Any return of goods requires the prior agreement of Dealy which can be obtained via the contact page. In the absence of a return agreement, the goods will be returned to you, at your expense, risk and peril, all transport, storage and handling costs being at your expense. The Buyer has, after obtaining the return agreement, a period of five clear days to return the defective goods to Dealy. The goods must be returned imperatively with a copy of the invoice. All defective products must be returned in their original packaging, include all of the product and its accessories accompanied by all the documents, warranty card (not completed), notices, etc. Any incomplete, damaged, damaged product and/or the original packaging will have been damaged, will not be taken back, exchanged or refunded. In accordance with Article 4 of Decree No. 78-464 of March 24, 1978 pursuant to Article 35 of Law 78-23 of January 10, 1978 relating to the fight against abusive clauses on the protection and information of consumers of products and services the provisions hereof cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee him against the consequences of latent defects of the thing sold. The Buyer is expressly informed that Dealy is not the producer of the products presented on its site, within the meaning of Law L98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the latter may be sought by the Buyer. The goods that we market as a reseller follow the manufacturer's warranty system that we undertake to respect after the latter's agreement. The fact of a complaint in no way releases the Buyer from his obligations to pay the invoice within the agreed deadlines. Reimbursement or any credits are established upon receipt of the goods for which the dispute has been duly noted and accepted by Dealy. The costs incurred for the return of the goods for any reason whatsoever are the sole responsibility of the Buyer. No postage due returns will be accepted. Products made according to the specifications of the buyer or personalized, marking, drawing, embroidery or any goods falling within the scope of article L121-20-2 modified by ordinance n ° 2005-648 of June 6, 2005 – art . 1 JORF June 7, 2005 in force on December 1, 2005 of the Consumer Code, will not be taken back, exchanged or refunded. No complaint can give right to any indemnity or penalty whatsoever.
Article 7: BUYER'S RIGHT OF WITHDRAWAL
The procedures for exercising the right of withdrawal are as follows:
The buyer has a period of fourteen days to exercise his right of withdrawal from the purchase he concluded with Dealy, following an approach by e-mail or telephone, without having to justify his decision nor to bear any costs other than those provided for in Articles L. 221-23 to L.221-25.
The buyer informs Dealy of his decision to withdraw by sending him, before the expiry of the period provided for, an unambiguous email, expressing his desire to withdraw. In this case Dealy communicates without delay to the buyer an acknowledgment of receipt of his withdrawal by mail.
The buyer sends back or restores the goods to Dealy or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
Article 8: MARKING, DRAWING, PERSONALIZATION
In some cases the marking or the embroidery can be done in several colors. For technical reasons, the quantities delivered and invoiced may vary by + or – 10% compared to the quantities ordered. Regarding the colors, please indicate the references of the PANTONE® shades when ordering. We specify that this may vary depending on the media and the marking technique used. The preparation of the texts, drawings will be invoiced to you on the basis in force on the day of the order by different texts or drawings. This invoicing is for each order or order renewal. This amount is fixed regardless of the number of references ordered, with the same marking. Before the final printing of the products ordered, a "Proof to print" will be submitted to you for acceptance. Acceptance of this "good for printing" relieves us of all responsibility, it allows us to check the texts and drawings before the final printing. Our delivery times are only confirmed after receipt of the "Proof to print" accepted by the Buyer. We decline all responsibility for the ownership of the markings that we reproduce on behalf of the Buyer. With or without indication, it is up to him to carry out the useful prior art searches and to ensure that they are not similar to those already existing. Consequently, any direct or indirect damage that we may suffer as a result of the Buyer's failure to respect the rights of others must be borne and repaired by the Buyer.
Article 9: RETENTION OF OWNERSHIP
Pursuant to Law No. 80-335 of May 12, 1980 relating to the effects of retention of title clauses in sales contracts, the goods which will be delivered and invoiced to the Buyer will remain the property of Dealy until full payment has been made. of their price. Failure to pay may result in the claim of the goods by Dealy, the restitution being immediate and the goods delivered at the Buyer's expense, risk and peril. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as any damage that the Buyer may cause remain at his expense. The Buyer undertakes, in the event of a receivership procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller will have the option of having the inventory recorded by a bailiff at the Buyer's expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is up to the Buyer to transfer the debt to us and if settlements on these debts are made, they must be sent to us with receipts. To guarantee payments not yet made and in particular the balance of the account of the Buyer in the writings of the seller, it is expressly stipulated that the right relating to the goods delivered but unpaid will refer to the identical goods from the Seller in stock at the 'Buyer, without the need to allocate payments to a specific sale or delivery.
Article 10: CANCELLATION CLAUSE
In the event of non-compliance with one of the Buyer's obligations by the latter, the sale may be terminated automatically and the goods returned to the Seller if it sees fit, without prejudice to any damages that the Seller may enforce against the Buyer, within 48 hours after the formal notice has remained without effect. In this case, the Seller is authorized to claim from the Buyer a lump sum compensation of 10% of the amount of the sale.
Article 11: PAYMENT
Any payment made to Dealy cannot be considered as a deposit or deposit.
Article 12: METHODS OF PAYMENT
Payments must be made in such a way that the Seller can dispose of the sums on the due date appearing on the invoice. Payment is made, unless otherwise stipulated on the Dealy website or granted to companies after study of their file, when ordering:
- By credit card (with a validity of at least one month for a cash payment and six months in the event of split payment). Banking information is entered via a secure server to guarantee the security and confidentiality of the information provided during the banking transaction.
- By bank transfer, to the coordinates that have been given to you. The costs are borne by the Buyer. Dealy reserves the right to ask you for a cashier's check if the sums involved are significant. In the event that the Seller accepts payment by draft, the Buyer must return it accepted and domiciled within eight clear days. The costs are the responsibility of the Buyer, in the absence of return of the accepted draft within the period mentioned, the payment will become immediately due.
Article 13: INTELLECTUAL PROPERTY
All elements of the Dealy site, whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of Dealy. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent of Dealy. Any reproduction, even partial, of the elements of the Dealy site without our written consent is prohibited, in accordance with law n ° 57-298 of March 11, 1957 on literary and artistic property and modified by LAW n ° 2009- 669 of June 12, 2009 – art. 21 of the Intellectual Property Code. Except in the cases provided for by article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.
Article 14: IT AND FREEDOMS
The information requested from the Buyer is necessary for the processing of his order and may be communicated to Dealy's contractual partner suppliers involved in the execution of this order. Through us, you may receive commercial offers from other partner companies. If you do not wish to receive them, simply contact us on the contact page, to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in Dealy's files. Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, consolidated version of May 14, 2009, you have opposition rights (article 26), access rights (articles 34 to 38) and rights of rectification (article 36) of data concerning you. Thus, you can demand that information concerning you be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited. If you wish to exercise this right, simply write to us on our contact page.
Article 15: COMPUTER PROBLEMS
The buyer is aware of the characteristics of the Internet computer network and in particular the possibility of connection interruption, server breakdowns, electrical or other problems (the list is not exhaustive). Dealy cannot be held responsible for the consequences of such events. and shall be released from any obligation towards the Buyer. No complaint can give right to any indemnity or penalty whatsoever.
Article 16: PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, decree, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 17: APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the international sale of goods is expressly excluded. Dealy's computerized registers and files will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. All differences relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact that Dealy does not avail itself at a given time of one of the clauses of these general conditions of sale, cannot be considered as a denunciation to avail itself later of these same clauses.
Article 18: LEGAL GUARANTEE OF CONFORMITY
(Art. L. 211-1 to L. 211-4 of the Consumer Code)
The professional seller must deliver goods that comply with the contract. Failing this, he is responsible for defects during delivery, but also for all those resulting from the packaging, assembly instructions or installation when it is the responsibility of the contract or under his responsibility (L211-4) .
Compliance of the property:
A good is compliant, according to L211-5, when it is either
- specific to the use usually expected of a similar good, if applicable, etc,:
that it corresponds to the description of the seller and possess the qualities presented in sample or model
that it has the qualities that a consumer can legitimately expect following the public declarations of the seller, producer or representative (advertising, labeling, etc.). The statements of these last two professionals do not bind the seller when the latter does not know them and is not in a legitimate position to know them.
- has the characteristics defined by the parties or be specific to the special use sought by the buyer, known to the seller and accepted.
Time limit :
The action in guarantee of conformity is prescribed by 2 years from the delivery of the good.
For goods purchased after March 18, 2016, all defects of conformity appearing during the 2 years following the purchase, with the exception of second-hand goods, the period of which will be maintained at 6 months, are presumed to exist. This presumption operates a reversal of the burden of proof in favor of the consumer; it is up to the professional to prove that the defect did not exist.