Policy updated in October 2020
https://daniel-andre.fr is subject to prior knowledge and acceptance of these general conditions of sale.
Site: website edited by Daniel Andre SAS and accessible at the address https://daniel-andre.fr (hereinafter the site). It is hosted by: IONOS
Customer: non-commercial natural person making the Order, and holding full legal capacity.
Order: commitment to purchase all items selected by the Customer via the website.
These general conditions of sale (hereinafter "GTC") apply exclusively between any Customer and the company Daniel Andre SAS (hereinafter "Daniel Andre") whose head office is located at 84 rue Maurice Béjart 34080 Montpellier registered in the Montpellier Trade and Companies Register under number 888 298 312.
The GTC are applicable without restriction or reservation to all items offered for sale on the site. Any order on the site is subject to the prior consultation and acceptance without reservation by the Customer of these GTC and the applicable prices. The Customer's "click" on the validation button accessible on the page dedicated to the validation of the order constitutes acceptance. These T & Cs prevail over any other document.
The sale of articles on the site is exclusively reserved for retail sale and individuals.
Under no circumstances may the site be used by Professional Selling Customers, alone or in groups, regardless of the method of marketing their products (internet marketplaces, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of items ordered in a single order and the number of individual orders respecting the usual amount of an average consumer spent for the same product. Daniel Andre reserves the right to refuse an order clearly validated by a professional seller Customer.
Any Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, of non-guaranteed continuity in access to the site, of non-guaranteed performance in terms of volume and speed of transmission. data and virus spread.
Daniel Andre warns each Customer of the need to implement a solution and security measures on their computer or portable or mobile equipment to prevent the spread of viruses.
In accordance with article l. 111-1 of the Consumer Code, the Daniel Andre company presents the products for sale and their characteristics on the site. The Customer has the possibility of knowing, before the final order is taken, the essential characteristics of the products he wishes to buy.
The in-stock offers presented by Daniel Andre are only valid while stocks last. The pre-order offers presented by Daniel Andre are only valid within the limits of the time available and the quantity offered for pre-order. The photos showing the products are indicative only. These photos, like the texts illustrating the products, are not contractual.
5. PRICES AND TERMS OF PAYMENT
The prices appearing on the site are indicated in euros including tax and are only valid on the date of validation of the Order by the Customer. Daniel Andre reserves the right to modify them, without notice, at any time, it being understood that the invoicing of the products will be done on the basis of the prices in effect at the time of registration of the Order or the Pre-order.
The prices do not take into account the delivery costs, invoiced in addition and indicated before the validation of the Order or Pre-Order. The prices take into account the VAT applicable on the day of the Order or Pre-Order and any change in the applicable VAT rate will be automatically reflected in the price of the products appearing on the site. Payment of the full price must be made when ordering or pre-ordering. At no time can the sums paid be considered as a deposit or down payment. These prices are guaranteed subject to typographical or printing errors.
For Customers residing outside the territory of the European Union and in overseas departments and territories, it is specified that the prices displayed on the site will be invoiced after deduction of VAT. These prices must be understood as "delivered duty unpaid" (or DDU "Delivery Duty Unpaid"), Daniel Andre being physically unable to communicate to Customers exact information on the total amount of costs relating to customs duties and formalities , import taxes applicable in the country where delivery is requested.
The payment of these costs that may be necessary for the entry of the products ordered into the delivery territory is the sole responsibility of the Customers, which they accept. For all practical purposes, this information relating to the payment of additional costs in the event of a request for delivery outside the territory of the European Union will obviously be specified on the Site to any Customer indicating a delivery address outside the territory of the Union. European. The refusal of payment by the Customer of customs fees leads to the cancellation of the Order and its refund. Any transport and customs clearance costs paid by Daniel Andre to recall the Order will be deducted from the amount refunded. Payment of the total price of the products and delivery costs is made by credit card. For payments by bank card, the Customer must be the holder of the bank card used.
6. ORDER AND PRE-ORDER
The Customer is invited to select the chosen Products and put them in the shopping cart by clicking on the "Add to cart" button. At any time, the Customer can proceed to any deletion of the Products on the viewing page of his shopping basket, by going to the "Basket" icon available on all the pages of the Daniel Andre site at the top right.
Confirmation of the Order or Pre-order implies acceptance by the Customer of the GTC and the essential characteristics of the Products.
Upon registration of the Order or Pre-Order, a confirmation email summarizing it (products, price, product availability, quantity, etc.) will be sent to the Customer by Daniel Andre. To this end, the Customer formally accepts the use of electronic mail for confirmation by Daniel Andre of the content of his Order. In any case, the invoices are given upon delivery.
In the event of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code. If the minimum objective of a Pre-Order campaign is not reached, Daniel Andre contacts the Customer at the end of the campaign to inform him of his reimbursement or production decision. In this case, Daniel Andre must reimburse the Customer within thirty (39) days of the cancellation of the Pre-order.
If the Product is in stock, the Order will be executed at the latest within 7 days from the day following that on which the Customer placed his Order. In the event of unavailability of the Product ordered, in particular because of the suppliers, the Customer will be informed as soon as possible and will have the possibility of canceling his Order. The Customer will then have the choice to request an exchange of the Product within thirty (30) days at the latest after receipt or to be reimbursed.
The refund will be made at the latest within thirty (30) days of the cancellation of the Order.
7. THE RIGHT OF WITHDRAWAL
By virtue of Directive 2011/83 / EU of the European Parliament and of the Council of October 25, 2011 on consumer rights and of law n ° 2014-344 of March 17, 2014 as transposed to articles L. 221-18 et seq. of the Consumer Code, any consumer is entitled to cancel his order at any time within 14 calendar days of the date on which he received the Item (s) and this without having to justify any reasons or to pay penalties.
Under the terms of these GTC, Daniel Andre wishes to grant the Customer a withdrawal period extended to 30 calendar days. This withdrawal period expires 30 days after the day on which the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the Order. To exercise his right of withdrawal, the Customer must refer to the section Deliveries and returns.
8. LIMITATION OF LIABILITY
Daniel Andre cannot be held responsible for the non-performance of one of his obligations if the improper performance of the contract results from a case of force majeure, the very fact of the Customer or the unforeseeable and insurmountable fact of a third party contract.
9. LEGAL GUARANTEES
9.1. Non-compliance and hidden defects
Daniel Andre is bound by the legal guarantee of conformity and that relating to defects in the item sold. The Customer is invited to check the conformity of the Products received in execution of his order and, in the event of a defect observed, to contact the Customer Service of the Daniel Andre site who will take care of it, indicating the terms of return and return. replacement or refund. The replacement product will not be delivered until Daniel Andre receives the defective product.
If the replacement of the Product is impossible or cannot be implemented within 30 days of receipt of the Product in question by Daniel Andre, the Customer will then have the possibility of returning the Product and requesting a refund. or keep the Product and have part of the price returned.
9.2. Disclaimer of warranty
If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the Daniel Andre site, the latter will not be bound by its obligations described in articles 9.1 above.