1.1 The purpose of these general conditions (hereinafter the "General Conditions") is to define:
(i) the terms and conditions of the Box Services (hereinafter defined) and the Sale out of box (hereinafter defined) (hereinafter together: the «Services») offered by the company Défi International SARL (hereinafter: «Défi International») on the Atelier Emma&Chloé website (hereinafter the “Site”); and
(ii) the rights and obligations of Défi International and the client (hereinafter the “Client”) in connection with the Services.
1.2 Défi International offers the monthly delivery of a «Box» jewel (hereinafter: the «Service Box») including at least one jewel designed by Atelier Emma & Chloé (hereinafter: the «Product»).
The Customer who wishes to benefit from the Service Box can subscribe to it, buy it punctually or activate a gift box.
The Service Box may be purchased as a subscription (hereinafter the “Subscription”) or purchased as a 6 (six) month or 1 (one) year package (hereinafter the “Formula”). The Service Box can also be offered to anyone in the form of a gift box (hereinafter the «Gift Box»).
1.3 Défi International is also engaged in the retail sale of Products via its Site (hereinafter: the «Sale out of Box»), accessible on the Site independently of any subscription to a Subscription or Formula.
1.4 These General Conditions are accessible and printable at any time by a direct link on the homepage of the Site. They may be supplemented where appropriate by conditions of use specific to certain services, which supplement these General Conditions and, in case of contradiction, prevail over them.
2. SITE AND SERVICE OPERATOR – CONTACT
The Site and the Services are edited and operated by Défi International SARL, registered with the Paris Trade and Companies Register under number 535 165 674, whose registered office is located at 5 rue Pierre Chausson - 75010 PARIS
For all complaints, Défi International can be contacted at the contact details indicated above or via our contact form
3. ACCEPTANCE OF TERMS AND CONDITIONS
The Client declares that it has full legal capacity, allowing it to commit under these General Conditions.
The Customer declares by subscribing to the Services under the conditions provided below to have read these General Conditions and to accept them expressly.
Acceptance of these is evidenced by a check box in the registration form. Acceptance can only be full and complete. Any acceptance under reservation is considered null and void. The Customer who does not agree to be bound by these Terms and Conditions cannot benefit from the Services or buy Products on the Site.
4. SITE ACCESS
The Site and the Services are accessible to both individuals and professionals.
In particular, professionals can subscribe Subscriptions or Formulas for beneficiaries of their choice, who can implement these Subscriptions or Formulas through Gift Box or promotional codes.
Professionals can contact Défi International for this purpose, who will draw up a personalized quote.
5. SITE REGISTRATION
Registration is free of charge. When subscribing to the Box Service or the Sale outside the Box, the Customer completes the registration form on the Site. Registration automatically leads to the opening of an account in the name of the Customer (hereinafter: the «Account») which allows him to manage his use of the Site.
The Customer certifies that all the information he provides in the registration form is accurate, up-to-date and sincere and is not tainted with any misleading character.
It undertakes to update this information in the event of changes so that it always corresponds to the aforementioned criteria.
The Customer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Customer commits him as soon as they are validated. Défi International reserves the right to verify the accuracy of the data provided by the Client.
Only one registration will be allowed per Client (same last name, first name and address).
The Client undertakes to personally use the Services and not to allow any third party to use them in its place or on its behalf, except to bear full responsibility.
The Customer can access his Account at any time by logging in using his username and password. He is responsible for maintaining the confidentiality of his username and password. It is his responsibility to inform Défi International as soon as possible of any use of his Account without his knowledge. It recognizes Défi International’s right to take all appropriate measures in such cases.
6. BOX SERVICE SUBSCRIPTION
6.1 Registration form for the Service Box
To benefit from the Box Service, the Customer must complete the form provided for this purpose on the Site, by completing all the fields marked as mandatory. Any incomplete registration will not be validated.
In this context, the Customer must select whether they wish to:
Subscribe for a monthly delivery of the Box for a period of one month or three (3) months renewable by tacit renewal for periods of the same duration until termination under the conditions of the article «duration» below;
Subscribe to a Formula in which they will receive the Box each month for a fixed period of six (6) months or one year, without tacit renewal;
Purchase a Gift Box on behalf of a third party allowing third party audit to receive the Box each month for a fixed period of three (3) months, six (6) months or one year, without tacit renewal. In this context, the Customer must tick the «Gift Box» box and fill in the information relating to the person benefiting from said Gift Box on the form provided for this purpose. The professional Customer who wishes to benefit several members of his staff and/ or any other third party of a Gift Box, can either subscribe to the Service Box directly online by validating his cart on the Site, either requested a personalized quote from Défi International by sending a request for a quote to the email address provided in Article 2 of the General Conditions.
At the end of his registration, and after payment of the price of the Service Box in accordance with article 8.2, if applicable, the Customer receives an email with the confirmation of the subscription of his Subscription or Formula, or confirmation of the activation of its Gift Box on behalf of the beneficiary designated in the Service Box registration form, as well as the invoice for the Services subscribed.
6.2 Duration of the Service Box
6.2.1 Duration of Subscriptions
Subscriptions are subscribed for periods of 1 (one) or 3 (three) months, as indicated by the Customer on the subscription form.
For Customers who have subscribed to the Service Box before August 19, 2019: the Subscription takes effect from the month following the date of subscription to the Service Box. The Customer acknowledges and accepts accordingly that any subscription between the 1st and the 31st of month N, will take effect on the 1st of month N+1. The Customer will therefore receive the first Box of the Subscription after the 1st of the month N+1.
For Customers who have subscribed to the Service Box from 19 August 2019: the Subscription takes effect from the month of the subscription date to the Service Box (month N). The Customer will therefore receive the first Box of the Subscription within three (3) to ten (10) working days following the subscription.
For all Customers, monthly and quarterly Subscriptions are then tacitly extended for successive periods of the same duration as the period initially chosen (one or three months).
The Customer may unsubscribe from the Service Box, by sending a request to this effect to Défi International by email, at the contact details mentioned in section 2, or directly from his Account.
For Customers who have subscribed to the Service Box before 31 September 2019: the request to unsubscribe must be made no later than the last day of the month N-2 preceding the renewal date of the Subscription (for example, for a subscription that renews May 10, the unsubscribe request must be made by March 31). Subject to this reservation, unsubscription is effective from the end of the current Subscription period.
For Customers who have subscribed to the Service Box from 1 October 2019: the request to unsubscribe must be made no later than the last day of the month preceding the renewal of the Subscription. Subject to this reservation, unsubscription is effective from the end of the current Subscription period.
The Customer receives an email confirming his unsubscription as soon as possible. Unsubscription does not result in the deletion of the Customer’s Account, which can continue to make purchases on the Site and subscribe to all other Services.
Any Subscription period started is due in its entirety.
The Customer is reminded that according to:
Article L215-1 of the Consumer Code «For contracts for the provision of services concluded for a fixed period with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by registered letter or dedicated e-mail, not earlier than three months and not later than one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract that it has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be refunded within 30 days of the date of termination, after deduction of the sums corresponding, until that date, to the performance of the contract.
The provisions of this Article shall apply without prejudice to those which lawfully subject certain contracts to special rules as regards consumer information.”
Article L215-3 of the Consumer Code: «the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.»
Article 241-3 of the Consumer Code: «when the professional has not made the repayment under the conditions provided for in Article L215-1 the amounts due are productive of interest at the legal rate».
6.2.2 Duration of the Formulas
The Forms are subscribed for firm and irrevocable periods of 6 (six) months or 1 (one) year.
For Customers who subscribed to a Formula before August 19, 2019: the Formula takes effect from the month following the date of subscription to the Box Service, which the Customer acknowledges and accepts. The Customer acknowledges and accepts accordingly that any subscription between the 1st and the 31st of month N, take effect on the 1st of month N+1. The Customer will therefore receive the first Box of the Formula after the 1st of the month N+1.
For Customers who have subscribed to a Formula from 19 August 2019: the Formula takes effect from the month of the subscription date to the Service Box (month N), which the Customer acknowledges and accepts. The Customer will therefore receive the first Box of the Formula within three (3) to ten (10) working days of the subscription.
Under no circumstances may the Customer terminate a Formula. Any Plan purchased is due in full on the Subscription Date and will run to the end of its term.
The end of the Plan does not result in the deletion of the Customer’s Account, which may continue to make purchases on the Site and subscribe to any other Service.
6.2.3 Duration of Gift Boxes
The Gift Box is subscribed for a fixed period in which the beneficiary will receive the Box each month for a fixed period of three (3) months, six (6) months or one year, without tacit extension, for the period indicated on the subscription form for the Service Box.
For Customers who have subscribed to a Gift Box before August 19, 2019: the Gift Box takes effect from the month following the date of activation of the Gift Box by the beneficiary of said Gift Box. The Customer acknowledges and accepts accordingly that any subscription between the 1st and the 31st of month N, will take effect on the 1st of month N+1. The beneficiary of the Gift Box will therefore receive the first Box after the 1st of the month N+1.
For Customers who have subscribed to a Gift Box from 19 August 2019: the Gift Box takes effect immediately from its activation by the beneficiary of said Gift Box. The beneficiary of the Gift Box will receive accordingly the first Box of within three (3) to ten (10) working days following the activation of the Gift Box.
6.2.4 End of the Service Box at the initiative of Défi International
Défi International reserves the right to terminate the Service Box (Subscription and/ Formula) at any time in case of non-compliance by the Customer with these General Conditions.
Défi International also reserves the right to stop offering the Service Box at any time. The termination of the Service Box shall be notified to the Customer by any appropriate means at least thirty (30) days before the effective termination of the Service Box. If the Service Box stops during a Subscription or Formula, the Customer will be refunded in proportion to the number of months during which he will not receive the Service Box.
7. BOX SALE
7.1. Placing an Order
To place an order (hereinafter the «Order»), the Customer must select the Products of his choice and place them in his basket.
He can access the summary of his cart at any time as long as the Order is not definitively validated and can correct any errors in the elements entered.
7.2 Confirmation of order
At the end of his Order, the Customer receives by email a confirmation of it which:
Summarizes the elements of the Order and the expected delivery time,
contains the General Terms and Conditions in force on the day of it.
The invoice corresponding to the Order is sent to the Customer by any useful means and in particular by email or by provision in his Account.
The Customer must ensure that the contact details provided when placing an Order or updating his Account are correct and that they allow him to receive the confirmation email of his Order. In the absence of receipt thereof, the Customer must contact Défi International using the contact details mentioned in Article 2.
Défi International recommends that the Customer keep the information contained in the Order confirmation.
The Order and its confirmation are considered received when the parties to which they are addressed can access them.
7.3 Availability of the Products
The Products displayed on the Site at a given time are generally deemed to be available in stock at the same time, unless limited time offer in the context of a particular operation expressly mentioned as such on the Product page.
This availability is checked a priori after the Order has been accepted and paid. It is confirmed by sending the shipping email by Défi International.
In the event of unavailability of one or more Products, Défi International undertakes (i) either to offer the Customer a new delivery date for the Products ordered, (ii) or to refund them by re-crediting the payment method used for the purchase, within 14 calendar days of payment of the Order.
8.1 Prices displayed on the Site
The prices displayed on the Site are expressed in euros (€) and are understood as public prices including all charges as they may be applicable in metropolitan France on the date of consultation of said offers. The VAT applied is the one in force on the date of placing the Order. The specific taxes, apart from VAT, applicable according to the regulations (such as the environmental tax or the eco tax participation), are only indicated on the shopping cart page.
All prices of the Products are displayed on the Site excluding postage or any other accessory service. They only understand the price of the Product itself.
Défi International reserves the right to change its prices at any time but undertakes to apply the rates displayed at the time of placing the Order, subject to availability of the Product on that date.
The Products remain the property of Défi International until full payment of the price of the Products.
8.2. Service Box Pricing
8.2.1 Subscription Price, Formula and Gift Box
The price of the Service Box depends on the duration of the Subscription or the Formula or Gift Box chosen. It is indicated on the Site at the time of the Order. Unless otherwise stated, it is indicated in euros and all taxes included and excluding delivery costs.
The Customer will be informed of the delivery costs depending on the place of delivery before validating the subscription of the Box Service.
Invoices corresponding to Subscriptions, Formulas and Gift Boxes are sent to Customers by all useful means and in particular by email or notification in the Account at the free choice of International Challenge.
The Customer benefits during the duration of his subscription to the Service Box of various benefits, not cumulative with any other promotion in progress, whose terms and conditions are specified to him by email.
8.2.2 Revision of the Subscription Price
The price of the Subscription may be revised by Défi International at any time at its discretion.
The Customer will be informed of these changes by Défi International by any useful written means (and in particular by email) at least one and a half months before the entry into force of the new rates.
Once in force, the new prices apply when renewing the Subscription. Défi International reserves the right, at its discretion, to maintain the old prices for Customers who have already subscribed to a Subscription at the date of entry into force of the new rates.
The Customer who does not accept the new prices must cancel his Subscription according to the terms provided for in article 11. Otherwise, it will be deemed to have accepted the new tariffs.
9.1 Terms of payment
Regardless of the method of payment chosen from those accepted on our Site, Orders will be deemed recorded only after validation or receipt of payment.
9.1.1 Cash payment by credit card
Payment can be made by the following credit cards: Carte Bleue, VISA, MASTERCARD, AMERICAN EXPRESS and MAESTRO.
Online payment by credit card is perfectly secure and allows you to confidently enter the card number, expiry date and security code in the spaces provided for this purpose. Credit card details are encrypted using SSL (Secure Socket Layer) and never pass through the network in clear. Payment is made directly to the bank.
Défi International uses a provider of secure payment solutions on the Internet to manage payments on the Site. Défi International has no access to these details and cannot keep them on its servers.
9.1.2 Payment by Paypal
Payments by Paypal are accepted on the Site and are then made through Paypal and according to its own general conditions of sale and use of its services.
The choice of this payment implies tacit acceptance of the general conditions of sale and use of Paypal.
The Customer is invited to refer to it, Défi International cannot be held responsible for the conditions set by Paypal: General conditions of sale and use of Paypal
9.2 Payment of the Service Box
9.2.1 Formulas and Gift Boxes
The payment of Formulas and Gift Boxes, is done in one go, during the subscription. Payment may be made by any secure online payment method offered by Défi international.
Subscriptions can only be paid by direct debit.
The direct debit of the Subscription price is made from the credit card number provided by the Customer.
For Customers who have subscribed to a Subscription before 19 August 2019: the charge is made on the date of subscription of the Subscription and then between 10 and 30 of the month of renewal for successive periods.
For Customers who have subscribed to a Subscription after 19 August 2019: the charge is made on the date of subscription of the Subscription and then between the 1st and the 30th of the month of renewal for successive periods.
The Customer undertakes to take all necessary measures so that the direct debit of the Box Service can be made.
This direct debit of the Subscription price is made by the provider of secure payment solutions on the Internet, to which
Défi International subcontracts the implementation of the payment and only retain the Client’s bank details for this purpose.
Défi International does not keep any bank details. Défi International reserves the right to suspend or cancel the delivery of the Box and/ or terminate the Subscription of the Customer in case of non-payment of any amount that would be due by the latter, in case of payment incident, or in the event of fraud or attempted fraud relating to the use of the Service Box.
Penalties of an amount equal to three (3) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment, as well as a flat-rate compensation of forty (40) euros for recovery costs.
9.3 Payment of Sale Out of Box
Payment of the Order
The price of the Products is due at the time of the Order.
Payment can be made online, by credit card or Paypal, through the secure online payment service freely chosen by Défi international and indicated on the Site at the time of the Order.
The Customer guarantees Défi International that it has the necessary authorizations to use the chosen payment method.
Défi International reserves the right to suspend or cancel any order and/ or delivery, in case of non-payment of any amount that would be due by the Customer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the Site.
Penalties of an amount equal to three (3) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment, as well as a flat-rate compensation of forty (40) euros for recovery costs.
9.4 Fight against fraud
Défi International reserves the right to check the validity of the payment, before the shipment of the Order, by any means it deems necessary (including identity documents, proof of residence, etc...).
10. PROHIBITED BEHAVIOURS
Are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Service, (ii) any intrusion or attempted intrusion into Défi International’s systems, (iii) any diversion of system resources from the Site, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breach of security and authentication measures, (vi) any act likely to affect financial rights and interests, commercial or moral of Défi International or the Clients of its Site and, more generally, any breach of these Terms and Conditions (vii).
In the event of a breach of any of the provisions of this paragraph or more generally, violations of laws and regulations, Défi International reserves the right to take all appropriate measures and to initiate any legal action.
11.1 Time to Prepare Orders
Défi International reserves the right to subcontract all or part of the preparation and shipment of the Order to a third party mandated to perform this service.
As all Products are deemed available in stock, Orders are prepared within 48 working hours from the first working day following receipt by Défi International of the payment of the Order. Orders registered on a Saturday, Sunday or public holiday will be processed on the next working day.
All deadlines mentioned within the Site, is understood as clear deadlines.
The Product ordered is delivered to the address indicated on the Account and recorded as the «delivery» address.
In the event of an entry error, including an incorrect or incomplete delivery address, Défi International cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the return of the Products following an error of entry by the Customer will be the sole responsibility of the latter.
11.2 Delivery times of orders
Défi International reserves the right to choose the most appropriate mode of transport depending on the nature of the Product, its weight and volume, which the Customer declares to have read and accepted.
For the sending of Products as part of the Sale Out of Box, Défi International will make its best efforts to meet deadlines between one (1) and three (3) working days for express shipments and between three (3) and ten (10) working days for standard shipments (depending on the Customer’s choice of delivery method).
Upon renewal of the Service Box, delivery times are approximately thirty (30) working days from the renewal of the Service Box.
Delivery times cannot be guaranteed in case of force majeure, as defined by law and jurisprudence. Delivery times do not take into account any payment control procedures of the Customer that would delay the shipment of his Order.
The expected delivery date is indicated on the Order and in each of our Product sheets. This period is an average time corresponding to the service used for a delivery in Metropolitan France. In case of absence, the Customer will be responsible for recovering the Product from the services concerned.
11.3 Tracking of delivery
The Customer may at any time track his Order using the order number provided to him in the Order confirmation email, in his «My Account» space on the Site.
11.4 Delivery Areas
Delivery is made worldwide unless otherwise indicated or special terms for certain countries indicated by de Défi International at the time of confirmation of the Order.
11.5 Special terms of delivery
When a product is accepted in postal volume, the Customer will have the freedom to choose between a withdrawal at a Withdrawal Point available only in metropolitan France or a delivery to his home.
After the validation of these modes of transport and before the payment of the Order, the Customer will have access to a summary of the Order by mode of transport, to which the Products in question are eligible and according to the option chosen by the Customer when it was proposed to him. The cost of the affected or chosen modes of transport will then be displayed before the payment of the Order.
Once the Order has been duly prepared and is ready for shipment, the Customer will receive an email relating to the dispatch of each part of his Order by the agreed mode of transport.
Delivery to Pickup Point:
Défi International proposes to the Customer who has chosen the «Point of Withdrawal» option only for metropolitan France, the names and addresses of the professionals offering these services as close as possible to the place of delivery chosen. The Customer will be able to consult the opening hours and days of the selected Collection Point.
Upon receipt of the Order within the Relay Point, the Customer has fourteen (14) calendar days to collect his packages. Otherwise, the Order will be forwarded to Défi International who will send the Customer back by email to re-send his Order at his expense. Without return of the Customer within seven (7) days of sending this reminder email, Défi International will consider that the Customer has exercised his right of return and will proceed to refund under the conditions provided for the exercise of the right of withdrawal.
>Delivery by carrier:
Défi International uses carriers of its choice to ensure parcel delivery as soon as possible. The delivery terms and conditions of receipt of packages are specific to each carrier. In principle, in case of absence and impossibility to deposit the package at the Customer, the Customer will receive a notice of passage. He will then have a period of 14 calendar days to collect his package from the post office indicated on the said notice. Otherwise, the Order will be forwarded to Défi International who will follow up with the Customer by email to re-send the Order at its expense. Without return of the Customer within 7 days of sending this reminder email, Défi International will consider that the Customer has exercised his right of return and will proceed to refund under the conditions provided for the exercise of the right of withdrawal.
11.6 Delivery rates
11.6.1 General Tariffs
The billing of the transport follows a calculation rule taking into account the destination on the one hand and the weight of the package on the other.
The prices indicated are all in euros (€) all taxes and charges included, including the rate of VAT at the rate in force on the day of delivery.
The amount of the fees is automatically calculated as soon as a product is added to the cart on the basis of a delivery in continental France. The Customer can freely consult the billing and the carrier associated with its products.
The final calculation of shipping costs for other destinations is made once the postal code has been entered on the delivery address and before the validation of the Order by the Customer.
The specific offers in free shipping costs are only valid as part of a standard shipment in metropolitan France, unless expressly stipulated otherwise.
11.6.2. Specificity Box
Défi international ensures the delivery of the Box and/or Products in metropolitan France through the parcel transport provider of its choice (hereinafter the «Carrier»). Défi international is free to offer one or more delivery options before the validation of the Subscription, Formula or Order.
Deliveries of the Products are made to the address indicated during the Order or the subscription of the Service Box by the Customer.
The Box of the current month is delivered no later than the 25th of the current month. The delivery of the Products occurs on the indicative date communicated by
International challenge at the time of the Order. The Customer acknowledges and accepts that these are merely indicative deadlines.
When the Customer is a professional, he acknowledges and accepts that the transfer of ownership of the Box occurs as soon as the Box is handed over to the Carrier. Défi international cannot be held liable for any loss of Box and/or damage caused to the Box during transport. The Customer acknowledges and accepts that the Box travels at his own risk and that it is his responsibility, in the event of damage, loss or damage, to make any reservations or exercise any recourse with the Carrier.
When the Customer is a consumer within the meaning of the provisions of the Consumer Code, he is informed that in case of failure of Défi international to its obligation to deliver the goods on the date provided belowbefore, the Customer may initially order Défi international to proceed with the delivery within a reasonable time. Otherwise, he may cancel the Order in writing, on any durable medium, and obtain a refund of his Order. Défi international cannot be held liable in the event that the non-performance of its obligation is the result of the unforeseeable and insurmountable fact of a third party.
12. ACCOUNT DELETION
The Customer may request the deletion of his Account at any time by sending a request to this effect to Défi International at the contact details mentioned in article 2, he will receive an email confirming the deletion of his Account as soon as possible.
In the event that the Customer has subscribed to a Subscription or a Formula, the deletion of the Account will be effective from the date of termination of the Subscription or the end of the Formula.
13. RIGHT OF WITHDRAWAL
The Customer who has subscribed to a Subscription or a Formula has a period of fourteen working days from the date of receipt of his first Box to withdraw without having to justify reasons or pay penalties, except for the return costs which remain at his expense and which he will have to pay. The exercise of this right will automatically terminate his Subscription or Formula.
Within the framework of Sales outside the Box, the Customer has a period of fourteen working days from the date of receipt of the Products ordered to withdraw without having to justify reasons or pay penalties, except for customized products (medals, bracelets and engraved rings) and with the exception of the return costs which remain at his expense and which he will have to pay.
The Customer who wishes to exercise his right of withdrawal must send to Défi International the contact details mentioned in article 2 hereof, before the expiry of the period above, the withdrawal form annexed to these General Conditions duly completed, or a statement clearly expressing its desire to withdraw and including its Order number or the identification of its Subscription or Formula.
The Box, or, the Products in case of Sale outside the Box, must imperatively be returned to Défi International in their original packaging. They must be accompanied by a return voucher downloadable on the Site from the Customer Account. The Customer is deemed responsible in case of deterioration of the Box and/ or Products when they return to Défi International.
The Customer will be refunded as soon as possible and at the latest within fourteen days from the date of effective receipt by Défi International of the withdrawal request, of all the sums paid for his Subscription, Formula or Order, less any return costs, which remain the responsibility of the Customer. Défi International reserves the right to defer this refund until the actual recovery of the Box and/or Products.
14.1 Legal Warranties
The non-professional Customer benefits from the legal guarantees of non-compliance as well as due to the hidden defects of the thing sold in accordance with the legal provisions recalled below.
If the Customer finds that the Box or the Product delivered to him (e) has a defect, is non-compliant or is damaged (e), he can return it to Défi International according to the terms described below.
They must contact Défi International’s customer service via our contact form specifying the nature of the defect, non-compliance or damage found. Défi International will then indicate whether or not it is necessary to return the Box or the Product. If so, the Customer will resend the Box or the Product and can obtain a refund of the return costs upon presentation of proof.
Boxes and Products must be returned to Défi International, in their original packaging, accompanied by the corresponding invoice and the return number provided by Défi International.
Under these conditions, the non-professional Customer is reminded that Défi International is thus liable for the lack of conformity of the Products under the conditions of article L.217-4 and following of the Consumer Code according to which 'The seller delivers goods in accordance with the contract and is liable for any defects in conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged by the contract or has been carried out under its responsibility."
The non-professional Customer is informed that according to article L.217-5 of the Consumer Code, "The property complies with the contract:
1) If it is suitable for the usual use expected of a similar property and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
According to the terms of article L.217-12 of the Consumer Code, the non-professional Customer is informed that «the action resulting from the lack of conformity is prescribed by two years from the delivery of the good».
Moreover, Article L217-16 of the French Consumer Code provides that “when the buyer requests from the seller, during the course of the commercial warranty granted to him when acquiring or repairing movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is in addition to the duration of the warranty that remained to run. This period shall run from the purchaser’s request for intervention or from the provision for repair of the property in question, if this provision is subsequent to the request for intervention.”
Défi International is also liable for hidden defects of the thing sold under the conditions provided for in Article 1641 of the Civil Code under which “the seller is bound by the warranty because of hidden defects in the thing sold which render it unfit for the purpose for which it is intended, or which reduce such use so much that the buyer would not have acquired it, or would have given it a lower price, if he had known them”.
The non-professional Customer is informed that according to article 1648 al 1 of the Civil Code, «the action resulting from the prohibitive defects must be brought by the purchaser within two years from the discovery of the defect». If the non-professional Customer decides to implement the warranty against hidden defects of the Product sold, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
It is recalled that, when acting as a legal guarantee of conformity, the Customer:
has a period of two (2) years from the delivery of the property to act;
may choose between repairing or replacing the property, subject to the cost conditions provided for in Article L. 217-4 of the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the property during the twenty-four (24) months following the delivery of the property;
may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
It is also recalled that the legal guarantee of conformity applies regardless of any commercial guarantee possibly granted.
Défi International will carry out the necessary checks and repair or replace the Box or Product.
If repair or replacement of the Box or Product is impossible, Défi International reserves the right to send the Customer another Box or Product of equivalent value.
14.2 Service and Commercial Warranty
Apart from the legal guarantee, the Customer always has the opportunity to contact Défi International’s customer service to answer his questions about the use of the Products, the maintenance procedures or the order of a part that has become defective. Unless otherwise indicated by Défi International at the time of validation of the Order, the Customer has a three (3) month commercial warranty on the Products (excluding Box). To benefit from it, the Customer must contact Défi International’s customer service (via our contact form).
15. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content (texts, images, visuals, music, logos, brands, etc.) operated by Défi International as part of its Site, and the Products presented therein are protected by all intellectual property rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Défi International, are strictly prohibited and may be prosecuted.
The trademarks, logos, corporate names, acronyms, trade names, brands and/or domain names of Défi International and/or the creators mentioned on the Site, constitute distinctive signs that cannot be used without the express and prior authorisation of their holder.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited.
16.1 For all stages of access to the Site, the process of Ordering, delivery, Customer service or subsequent services, Défi International bears only an obligation of means. Consequently, Défi International cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a disruption of the service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the case law.
In addition, Défi International cannot be held responsible in the event that the Order does not succeed or if Défi International is prevented from complying with any of its obligations for a case of force majeure within the meaning of article 1218 of the Civil Code and as interpreted by case law.
16.2 Défi International reserves the right to temporarily interrupt access to its Site for maintenance reasons. Défi International cannot be held responsible for any difficulties or momentary impossibilities of access to its Site caused by circumstances external to it, force majeure, or that are due to disruptions of the telecommunications network.
16.3 Défi International does not guarantee to the Customer that the Service Box, being standard and not offered for its sole purpose according to its personal constraints, will specifically meet its needs and expectations.
16.4 Défi International strives to publish photographic representations on the Site that are as faithful as possible to the Products. However, in view of the digital presentation of the Products on the Site, it is possible that the perception by the Customer of the photographic representation of the Products does not correspond exactly to the Product itself, which the Customer admits and acknowledges.
16.5 The Products offered for sale outside the Box are available as long as they are announced on the Site and within the limits of available stocks. In case of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The amount of his Order will be recalculated and the Customer will be debited of the new amount, less the missing Products. If the Order is completely unavailable the Customer will be notified by email and will not be debited or refunded. In any event, Défi International cannot be held liable for any damage suffered by the Client, nor held liable for any damages.
17. PERSONAL AND BANKING DATA
The processing of the Client’s personal data by Défi International is governed by the «Charter relating to the protection of personal and banking data». By using the Site and creating an Account, the Client accepts the processing of his personal data by Défi International in accordance with the law and the stipulations of the «Charter relating to the protection of personal and banking data».
18. PARTIAL DISABILITY
In the event that one of the clauses of the General Conditions is declared null by a change of legislation, regulation or a court decision, this shall not affect the validity and compliance with all other provisions of these Terms and Conditions.
These T&Cs apply for the duration of the online maintenance of the Customer’s Account on the Site.
Défi International reserves the right to modify these Terms and Conditions at any time.
Customers will be informed of these changes by any means necessary at least 1 and a half months before their entry into force.
If the Customer has subscribed to a Subscription, the modified General Terms and Conditions will apply to it from its renewal following their entry into force. If the Customer does not accept the modified General Conditions, he must therefore terminate his Subscription before the entry into force of the modified General Conditions.
If the Customer benefits from a Formula or a Gift Box, the General Conditions in force on the day of its subscription to the Service Box remain applicable until the end of the Formula or Gift Box in question.
For Box Sales, the modified General Conditions apply to any Customer who places an Order after their entry into force.
When a Customer makes an Order in addition to the Service Box, he is subject, for this Order only, to the General Conditions that he accepts when placing it.
Défi International reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which Défi International will be the sole judge. More generally, the Customer declares to be informed that Défi International may broadcast any advertising and promotional content on the Site.
22. LINKS, THIRD PARTY SITES
Défi International cannot be held responsible for the technical availability of websites operated by third parties to which, including its potential partners, the Customer would access through the Site.
Défi International is also not responsible for transactions between the Customer and any advertiser, professional or merchant, to which the Customer would be directed through the Site and can in no way be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/ or services, the guarantees, representations and other obligations to which the latter are bound.
In the event of a translation of these General Conditions in one or more languages, the language of interpretation will be the French language in case of contradiction or dispute about the meaning of a term or a provision.
Computerized records, kept in the computer systems of Défi International and its partners under reasonable security conditions, will be considered as evidence of communications, Orders and payments between the Parties.
25. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by French law.
In case of dispute on the interpretation and/ or the execution of these General Conditions, Article R631-3 of the Consumer Code provides that the consumer can seize, either one of the territorially competent courts under the Code of Civil Procedure, or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.
When the Customer is an individual, he is informed that any dispute will be raised before the courts of the place where he resides or the place where the Product was to be delivered.
In accordance with Article L. 612-1 of the Consumer Code, you can use the MEDICYS mediation service free of charge, which we report electronically:https://app.medicys.fr/? proId=1aef47ae-be74-4551-8a57-f236ff4f18eb
or by post: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS
The non-professional Client also has the possibility to file a complaint via the online dispute resolution platform (known as the "ODR" platform) accessible through the link below:
This link is also accessible on the Site, within the GTC section.
ENTRY INTO FORCE
Version of the 06/08/2019
TEMPLATE – PRODUCT AND SERVICE WITHDRAWAL FORM
(Please complete and return this form if you wish to withdraw from the contract concluded with the Company regarding the Products and Services)
To the care of:
Postal address: 5 rue Pierre Chausson - 75010 Paris
Email address: [to be completed]
I (*) hereby notify you (*) of my withdrawal from my Service or Product Order on:
For the following Services or Products (provide here any identifying information of the Services or Products):
Customer’s signature: (only in case of notification of this form on paper)
(*) Delete as unnecessary.
WAIVER OF THE RIGHT OF WITHDRAWAL FORM
WAIVER OF THE RIGHT OF WITHDRAWAL
(Article L.221-25 of the Consumer Code)
If you wish the Services to be performed and/or begin to be performed before the end of the withdrawal period provided for in article L.221-18 of the Consumer Code, you must waive your right of withdrawal. Please:
check the box below
complete this form
send the form to the Company at the following address: 5 rue Pierre Chausson - 75010 Paris or via our contact form.
□ I want the Services to be performed and/or start to be performed before the expiry of the withdrawal period that I benefit from under article L.221-18 of the Consumer Code, and hereby expressly waives my right of withdrawal under this article.
(only in the case of notification of this paper form)