General terms of sale

These conditions are agreed between, on the one hand

DEMAIN DMN SARL
47 rue Copernic
75116 Paris  - France 
RCS PARIS 492 730 080 


E-mail : eshop@demaindmn.com

Referred to hereinafter as “DEMAIN” 

and on the other hand
Natural persons wishing to make a purchase via the DEMAIN electronic commerce website at mdn-online.com, referred to hereinafter as “the User”.

For the purposes of these General Conditions of Sale, it is agreed that the User and DEMAIN shall be collectively referred to as “the Parties” and individually as “the Party” and that a User who has confirmed an order shall then be referred to as “the Buyer”. The rights and obligations of the User necessarily apply to the Buyer.

Any User wishing to make a purchase on the site declares that they are over 18 years of age and have full legal capacity or benefit from the authorisation of a person with parental authority or of a tutor or guardian.

Any User who orders an Item offered on the site shall be assumed to have viewed and accepted these General Conditions of Sale, without said acceptance being dependent on a handwritten signature from the User.

These General Conditions of Sale apply, without restriction or reservation, to all sales agreed between DEMAIN and non-business Buyers who wish to acquire the items offered for sale by the Vendor on its aforementioned website.

These General Conditions of Sale can be accessed at any time on this website and, where applicable, shall take precedence over any other version or any other contradictory document.
In the absence of evidence to the contrary, the data recorded by DEMAIN constitutes proof of all transactions.
In accordance with the legal provisions, it is underlined that orders shall be confirmed by clicking on the button “Confirm my order”. This confirmation constitutes an electronic signature which possesses the same value between the Parties as a handwritten signature and is proof of the order as a whole and that the sums owed in fulfilment of said order are due. In all cases, the online transmission of the bank card number and the final confirmation of the order constitute proof of the whole of said order and render due the sums incurred as a result of taking possession of the items indicated on the purchase order.
The DEMAIN website is accessed under normal conditions of connection to the Internet. Users shall not be invoiced for any additional connection charge.
As these General Conditions of Sale may be the subject to modification, the applicable conditions are those in force on the date of placement of the order. The possession of an up-to-date version of these conditions is the responsibility of the Buyer.

Art. 1. Subject

The purpose of these General Conditions of Sale is to define, solely with regard to the relations that the Parties establish on the Internet network, their respective rights and obligations resulting from the online sale of the products offered on the site. These conditions govern all steps necessary for the placement of an order and provide for the follow-up of this order between the contracting Parties.
The Parties hereby agree that their relations shall be exclusively governed by this contract. If a condition is found to be lacking, it shall be regarded as being governed by the practices usually applied within the distance sales sector by companies based in France.

Art. 2 Items -  Prices

2.1 ITEM

A proportion of the Items are purchased directly from the suppliers to constitute a pre-stock, while the remainder are ordered post-sale according to the number of orders placed by Buyers.
In the event of the unavailability of an Item after placement of the order due to a delivery problem with our suppliers or a stock anomaly, the Buyer shall be informed by e-mail upon receipt of the information from the supplier or from the logistics department. The unavailable item shall then be cancelled and reimbursement issued for it, with the rest of the order remaining firm and final.

2.2 PRICES

All prices are indicated in euros and include and reductions, together with the VAT applicable on the day of ordering.
The prices indicated are guaranteed within the limit of available stocks, except in the case of significant modifications of costs and of VAT in particular, and excluding typing errors or omissions.
The prices indicated do not include delivery charges, which shall be invoiced on top and specified to the User at the time of the final confirmation of their order.
DEMAIN reserves the right to alter its prices at any time. However, the Items shall be invoiced for on the basis of the rates applicable at the moment of submission of the order, subject to the availability of said Items.

When a confirmed order includes one or more incorrect elements (price, description, photo, voucher, etc.), DEMAIN reserves the right to cancel it and to issue reimbursement for said order.

Art. 3. Registration and confirmation of orders

3.1 BROWSING WITHIN THE SITE

The User is able to view the various Items offered for sale by DEMAIN on its website and is free to browse the different pages of the site without being committed with regard to an order.

3.2 REGISTRATION AND PASSWORD

Registration is necessary and compulsory before placing an order. The User is required to fully complete the form available in the “My account” section. In particular, they are required to enter the information necessary for their identification such as their surname and forenames, their postal address, a valid e-mail address and their password.

DEMAIN guarantees the confidentiality of the data transmitted after the entry of said password. The User is responsible for the use of their password and should ensure its safekeeping and confidentiality.

In the event of the User forgetting their password, they can obtain a new one by clicking on the “Forgotten password” link in the identification section. Details of the reset procedure shall be sent to them by e-mail.

When creating their account, the User may authorise DEMAIN to send them e-mailed invitations to sales, along with other news from the DEMAIN team.

3.3 REGISTRATION OF AN ORDER

The User places their order via an Internet connection permitting them to browse the website. In order to be accepted, their order needs to include all information useful and necessary for its processing. Moreover, the placing of any order constitutes acceptance of the General Conditions of Sale and of the prices and descriptions of the Items available for sale.

It is not possible to place an order from a country not featuring on the list of destination countries authorised by DEMAIN.

If the User wishes to place an order, they should select the Items of interest to them and indicate their interest by clicking on the field “Add to basket”.

At any point, the User may:

- view a summary of the Items which they have selected, by clicking on “My basket”;

- continue with their selection of Items by clicking on “Continue shopping”;

- finish their selection of Items and order to Items by clicking on “Confirm my order”.

To order the Items placed in their basket, Users need to identify themselves, either by entering their e-mail address and password if they have already created a DEMAIN account, or by completing the “Register” form if they have not yet created their account. The User is aware and accepts that the entry of these two identifiers (e-mail address and password) in order to access their customer account constitutes proof of their identity and confirms their consent.

Once the User has been identified, a summary of the order shall be displayed on screen specifying: the nature, quantity and price of the Item/s chosen by the User, who then needs to confirm the delivery address along with the amount of the delivery charge, the order total and their contact details.

DEMAIN is not able to group together multiple unshipped orders.

3.4 FINAL CONFORMATION OF THE ORDER

After having viewed the details of their order and provided all of the requested information, the User is then required to pay for the order so as to definitively confirm it.

In the case of payment by bank card, the User therefore needs to enter certain information relating to the bank card they wish to use:

- the name on the card,

- the card’s number,

- its expiry date,

- its security code.

It is specified that with immediate payment by bank card, which is one of the means of payment offered by DEMAIN on its website, the User shall make their payment via the DEMAIN website using Atos’s EPT (Electronic Payment Terminal) system. The DEMAIN website is secured by S.S.L. (Secure Socket Layer) encryption from the PAYBOX organisation, which provides the most effective possible protection of all data connected with payment methods. This means that the User’s bank details are transmitted directly to the bank, which is itself subject to SSL encryption, so that at no point shall the User’s bank details pass through DEMAIN’s IT system. Consequently, DEMAIN is free from liability in this respect.

Once the User has confirmed their payment by bank card or PayPal, the order is registered and therefore binding. The User becomes the Buyer and the purchase order shall be registered in DEMAIN’s computer records, which are themselves stored on a reliable and permanent medium and constitute proof of the contractual relations which have taken place between the Parties.

 3.5 CONFIRMATION OF THE ORDER

Once the Buyer has confirmed their payment by bank card (and supplied their card number, expiry date and security code) or PayPal, upon receipt of the purchase order, a summary of their order shall be sent by e-mail to the address provided at the time of ordering. This confirmation shall include all of the elements constituting the contract entered into by the Parties, together with an estimated shipping date.

DEMAIN advises the Buyer to save or print out their order confirmation e-mail. However, it is the documents archived in DEMAIN’s computer systems that shall be regarded as legal proof. A summary of the order shall also be displayed within the customer’s account.

 Art. 4. Discount vouchers

4.1 ISSUE OF COUPONS

Discount vouchers take the form of a code to be entered or which has already been credited to the customer’s account. A code may be sent by e-mail or post during special operations, or the customer may be informed by e-mail of the crediting of a coupon to their account.

4.2 COUPON USAGE CONDITIONS

In the absence of any indication to the contrary such as when using a discount voucher for a first order, multiple discount vouchers may be used on the same order. Discount vouchers cannot be converted into cash under any circumstances. The coupons issued contain an expiry date that cannot be modified. No new coupon can be issued or allocated to a User in replacement for an unused discount voucher which has expired.

A discount voucher can only be applied to an order if the value of the basket (before calculation of the delivery charge) is greater than that of the discount voucher, except in cases where the special conditions of use of said discount voucher specify a minimum purchase amount (before calculation of the delivery charge). In such a case, the value of the basket (before calculation of the delivery charge) must be greater than the minimum purchase value required to use the coupon.

A Buyer cannot under any circumstances ask DEMAIN to deduct from a confirmed order the value of a discount voucher of which the code has not been entered or selected or which might be defective, once said order has been placed.

Discount vouchers are valid only on the DEMAIN website. They cannot be used to purchase gift certificates.

4.3 USE OF DISCOUNT VOUCHERS

AIn order to benefit from the price reduction associated with a discount voucher, the User needs to enter the code issued to them in the window "Enter your coupon code or gift certificate", or click on the link "Use the gift vouchers and discount certificates which you have collected".

After entering or selecting the discount voucher, the User has to click on the button "Ok" or "Confirm". The reduction shall then be immediately deducted from the order total.

4.4 REIMBURSEMENT OF AN ORDER CONTAINING A COUPON

When an order contains a discount voucher, the discount voucher’s value is spread pro rata over all of the Items from the order according to their respective value. Reimbursement for an Item from an order, regardless of the reason, shall therefore take place after deduction of the share of the associated discount voucher.

Art. 5. Payment

5.1 ORDER VALUE

The sum owed by the Buyer is indicated before the order’s confirmation by the User, as well as on the order confirmation sent via e-mail by DEMAIN to the Buyer.

 5.2 PAYMENT METHODS

Payment can only be made online, either via PayPal, bank transfer, by Visa, Eurocard/MasterCard or by Bancontact / Mistercash.

3-stage payment:

3-stage payment involves 3 staggered payments by bank card, Visa or MasterCard, with the following schedule: 1st payment on day of order: 1/3 of basket total - 2nd payment 30 days later: 1/3 of basket total - 3rd payment 30 days later (so 60 days after the order’s placement): 1/3 of basket total.

 In order to take advantage of 3x payment, it is simply necessary to fulfil the following conditions:

- you need to be of adult age

- you need to pay with a Visa card or MasterCard

- your credit or debit card must have an expiry date that falls after the date of the 3rd payment.

This service is provided by our partner PAYBOX

 5.3 Payment confirmation

The order shall be considered valid after confirmation of payment approval from the bank. In the event of your payment being rejected by the bank, the order shall be automatically cancelled.

In any case, DEMAIN reserves the right to refuse any order or any delivery in the event of a dispute with the Buyer, full or partial non-payment of a previous order by the Buyer, or refused authorisation of a card payment by a banking body. DEMAIN’s responsibility can under no circumstances be invoked in the event of a dispute.

 Art. 6. Delivery

6.1 SHIPPING AND DELIVERY PERIOD

The shipping and delivery period indicated for an order corresponds to a guideline period commencing from the day after the one on which the Buyer confirms their order.

This period takes into account the time required for the order’s processing and for the receipt of the Items comprising the order by DEMAIN. Under no circumstances can it be binding but, in the event of an unusual delay, an explanatory electronic mail shall be sent to the Buyer.

The average shipping period is between 48 working hours and 1 week. To this should be added the period required by the transport operator to convey the Items to the delivery address (2 working days).

Some of the Items are purchased directly from suppliers in order to make up a pre-stock. In general, such Items are shipped within 48 working hours.

6.2 SHIPPING

The Items are shipped to the delivery address indicated by the Buyer in their customer account. In the event of the Buyer having multiple delivery addresses registered in the customer account, they can select one prior to finalising their order and making payment.

DEMAIN declines all responsibility for any unacceptably late deliveries attributable to the postal services or to transport operators in general, as well as for any losses of Items occurring during the transportation processes.

DEMAIN undertakes to ship the order to the Buyer within the provisional period displayed at the time of the order’s registration. In cases where this deadline cannot be met, DEMAIN undertakes to, at the customer’s request, cancel the sale and reimburse them within 72 hours.

6.3 DELIVERY OUTSIDE FRANCE/CEE

All orders placed on the site and shipped beyond France/CEE may be subject to taxes or customs duty. These delivery costs are payable by the Buyer and come under their responsibility. DEMAIN is not required to inform the User of the taxes or duty applicable in the destination country.

 Art. 7. Right of cancellation and returns

The Buyer has a period of fifteen clear days in which to declare their return of the order, except where expressly stated otherwise. The cancellation period runs from the day of the order’s receipt.

The Buyer may contact DEMAIN’s customer services either by logging into their customer account and send a message or sending an e-mail to

Items which are subject to a cancellation should be returned in their original packaging and container to the following address: DEMAIN DMN– Retour Web – 51 rue des Francs Bourgeois 75004 Paris  - France. The Items should be returned in new and clean condition, ready for resale and accompanied by all accessories.

Returned Items should only have been used minimally, i.e. tried for a few minutes, and should not bear any sign of prolonged use.

Provided that the aforementioned conditions are met, DEMAIN shall reimburse to the Buyer the amount paid for the returned Items within a maximum period of 72 working hours dating from the receipt of the returned package by DEMAIN, excluding the cost of returning the Items, which remains payable by the Buyer.

If the Buyer is returning the whole of their order, they shall be reimbursed in full for the shipping costs. However, the reimbursement of the shipping costs shall be adjusted according to the weight of the Items returned when the shipping costs are governed by a delivery price table.

Exchanges are offered to customers who indicate an interest in this when submitting their return request. DEMAIN shall be able to make one shipment, at no extra charge, of a similar Item of an identical, larger or smaller size only if it is available in the warehouse at the moment of the return’s logistical processing. In the case of a price variation between the Item purchased and the Item exchanged, no reimbursement can be made for the difference.

The costs and risks connected with return shipping are borne by the Buyer. Consequently, it is their responsibility to safeguard all proof of this return. DEMAIN therefore advises the Buyer to return the Items by recorded delivery or by any other means enabling them to present proof of return shipping. This proof of shipping should include the following information: address of recipient, date of shipping and parcel number.

7.2 RETURNS COST

It is up to the Buyer to choose the return method desired. The return fees are to be payed by the buyer.

 

Art. 8. Data protection

8.1. PERSONAL INFORMATION

The provision of the personal information that is collected as part of the distance selling process is compulsory, since this information is necessary for the recording, processing and delivery of orders, as well as for the production of invoices. This information is strictly confidential and failing to provide it results in the automatic rejection of the order.

8.2. Cookies

The Site places a cookie on the User’s computer.

This cookie records information on the User’s browsing of the Site and stores any information entered during the visit. This saves the User from having to enter the same data again the next time they visit, as DEMAIN shall be able to access it automatically during these subsequent visits. This cookie does not permit identification of the User.

Users can opt out of the placement of cookies by configuring their browser as follows:

For Mozilla Firefox:

  1.     Select the "Tools" menu and then "Options"
  2.      Click on the "Privacy" icon
  3.     Find the "cookie" menu and select "Options"

For Microsoft Internet Explorer:

  1.     Select the "Tools" menu and then "Internet options"
  2.      Click on the "Confidentiality" tab
  3.     Select the desired level using the cursor

8.3. TAGS

Certain pages of the Site may sometimes contain electronic images known as "tags", which enable the counting of the number of visitors to the page.

These tags can be used to measure and improve the efficiency of our pages.

In any case, the information obtained via these tags is strictly anonymous and simply permits the collection of statistics on the frequentation of certain pages of the Site, so that we can provide the Users of our Site with a better service.

 Art. 9. Guarantees and responsibilities

9.1 INFORMATION ON THE ITEMS FOR SALE

For every Item available on the Site, DEMAIN undertakes to provide a descriptive sheet presenting its essential characteristics. DEMAIN does its utmost to provide the User with as much information as possible so that they can learn about the Items before deciding whether to place an order.

Despite the great care taken in writing these descriptions, errors can still slip through. In the event of a User detecting an anomaly, they may get in touch with Customer Services to inform them of it. DEMAIN then undertakes to correct said error/s as rapidly as possible.

The photographs and descriptions of the Items are not contractual and DEMAIN can under no circumstances be held liable for errors which might exist.

In particular, the images and colours of the Items displayed on the site may not precisely reflect the actual colours of the Items due to the effect of the web browser being used and the User’s screen resolution.

The Items which DEMAIN sells are of high quality. However, certain Items sold include “vintage” effects and appearances deliberately desired by the manufacturer (moustaches, permanent creases, etc.). These Items have been treated with the aim of giving them a specific appearance. The details added to the fabric are sometimes completed by hand, making it impossible, in some cases, to ensure the uniformity of Items. As a result, it is not unusual for differences to be observed between the photographed Item and the one delivered.

9.2 LEGAL GUARANTEE

DEMAIN’s involvement is that of a representative of professional suppliers. Said suppliers guarantee that the Items sold are of top quality, are shipped in good condition and do not have any hidden defects that render the Items unsuitable for their normal usage.

DEMAIN is nevertheless bound by the guarantee in respect of hidden defects of the item sold.

In order to benefit from the legal guarantee, the following conditions must be met:

-the defect affecting the item must be serious; it must prevent normal use of the item or reduce its properties to such an extent that the Buyer would not have purchased it or would have offered a lower price if they had been aware of it;


-the defect affecting the item must be hidden; the vendor is not bound with regard to visual defects, i.e. those which a person of average diligence would have discovered by carrying out basic checks on receipt of the product;


-the defect affecting the item must pre-date the sale even if becomes apparent after it; the Buyer is subject to an obligation of carefulness in the use of their Items. Proof that a defect has been caused by negligence, deterioration or non-conforming use shall invalidate the guarantees associated with the Item (all causes external to the Item such as impact, fall, lightning strike, oxidisation, repair by a non-approved person, exposure to heat, washing incident, etc.);

9.3 Liability

The liability of DEMAIN is limited to the value of the Buyer’s order.

DEMAIN’s liability cannot be invoked in relation to any inconvenience or loss inherent to the use of a computer, a computer network or the Internet. In particular, DEMAIN can in no case be held responsible for a service interruption, an external intrusion or the presence of a computer virus. DEMAIN is bound solely by an obligation of resources for all stages of access to the Site, including viewing, completing a form, placing an order, payment and any other service available on the DEMAIN Site.

DEMAIN cannot be held liable for any material or physical damage caused by the malfunctioning or incorrect usage of an Item purchased on the Site.

It is the responsibility of the User to verify with the local authorities all particularities regarding taxes, declarations, prohibitions and possibilities of importation or use of the Items ordered. DEMAIN’s liability cannot be invoked in the event of non-compliance with the legislation of the country to which the Items are delivered.

 Art. 10. Intellectual property

All visual or sound elements of the Site, including the underlying technology, are protected by copyright, trademark or patent.

They are the exclusive property of DEMAIN.

 Art. 11. Partial invalidity

In the event of one of the clauses of this contract being rendered null and void by a change of legislation, regulation or as a result of a court decision, this shall in no way affect the validity and mandatory nature of these General Conditions of Sale.

 Art. 13. Duration

These conditions shall apply as long as DEMAIN makes the Items available online.

 Art. 14. Force majeure

DEMAIN cannot be held responsible for the full or partial non-performance of its obligations pursuant to this contract if said non-performance is caused by an event constituting force majeure, such as in cases of full or partial disruption or strike affecting postal services and forms of transport and/or communications, flood or fire.

The characterisation of events as cases of force majeure shall be based upon the criteria laid down by case law.

When faced with an event constituting force majeure, DEMAIN shall inform the User/Buyer within eight working days of the occurrence or threat of this event.

The Parties agree that they shall work together without delay to jointly establish how the order might be fulfilled during the situation of force majeure.

Beyond a period of one (1) month’s interruption due to force majeure, DEMAIN shall not be able to honour the order and shall reimburse the Buyer, where applicable.

Art. 15. Applicable law and jurisdiction

These General Conditions of Sale are governed by French law.

Any dispute to which these General Conditions of Sale might give rise shall be referred to the relevant courts in application of the normal rules.