GENERAL SALES CONDITIONS
The present General Sales Conditions of the company "Direct-d-sign" define the rights and obligations of the parties regarding the sale of products and services by Direct-d-sign to the client, in addition to the use of the direct-d-sign.com website. The client declares that he has familiarised himself with these conditions and accepts the resulting rights and obligations.
Article 1: Presentation of the company
The www.direct-d-sign.com website is operated by SAS direct-d-sign
Registered office: 8 rue de Port-Mahon
75002 PARIS - France
Tel: +33 (0)153 30 33 30
Trade & company register: RCS Paris B 491 684 502
SIRET No. 491 684 502 00017
NAF Code: 526B
VAT No.: FR 29 491 684 502
Article 2: Direct-d-sign's business activity
Direct-d-sign's business activity involves organising sales of furniture, crockery, lighting fixtures, accessories and other items for the home, these being sold to its members who are all understood to be non-commercial clients.
Direct-d-sign operates a "sponsorship" system:
- Club members may sponsor their friends and relatives in order that they too may become members. When their sponsored friend makes his/her first purchase, the sponsor receives shopping coupons. These coupons are valid for a period of one year and are exchangeable against future purchases on the Direct-d-sign.com website.
- An ethical sponsoring scheme is also operated via UNICEF France: when the sponsored friend makes his or her first purchase sponsored by UNICEF France, Direct-d-sign will pay three euros to this association on his behalf.
Article 3: Product descriptions
The information mentioned in each product information sheet and the product photos are supplied to Direct-d-sign by the suppliers and approved by the latter before being displayed online. These details are provided for information purposes only. Direct-d-sign may not be considered liable in the event that such information contains any omissions or inaccuracies. However, Direct-d-sign will strive to rectify any errors notified to it as speedily as possible. We invite our members to visit the official web sites for each of our suppliers.
Article 3 .1 Unavailable products
The products and prices offered are valid for as long as they are displayed on the site, subject to available stock. In the event that products are found to be unavailable after an order has been placed, the client will be informed of this by e-mail or by telephone. ? In certain cases, the Vendor may propose to supply him with a similar product at an identical price. Should this offer not be accepted, and if the payment for the order has already been debited, he will issue a refund within a maximum period of 30 days.
Article 3.2 Delivery charges
The prices shown on the vendor's web site are displayed in euros and in pounds sterling (inclusive of VAT) the additional carriage and packaging costs are calculated inclusively for Europe and added to the shopping basket at the time the purchase is made.
Article 3.3 Geographical coverage
The geographical coverage area for each sale may vary according to the distribution agreements reached with each of the featured manufacturers. Consequently, Direct-d-sign may possibly apply country-specific filters to the www.direct-d-sign.com website, making it possible to block orders from countries which are not covered by the sale.
Article 4: Ordering and pricing information
- Members can place their orders directly on the www.direct-d-sign.com website. They may contact the Customer Service Department via the Help or Contact sections of the site for any additional information they may require concerning the product, the order and the delivery.
- The members guarantee that they are fully authorised to use the bankcard employed, and that this bankcard is backed by sufficient funds to cover all of the costs resulting from Direct-d-sign's services. Only those persons legally entitled to enter into contracts for goods and services proposed on the site may place orders on the Direct-d-sign website.
- By clicking on the "Buy" button during the ordering process, the member declares that he fully and unreservedly accepts all of the present General Sales & Usage Conditions.
- The data recorded by Direct-d-sign constitutes proof of all of the transactions concluded between Direct-d-sign and its members. Direct-d-sign will always confirm both the placing and subsequent shipment of your order by means of confirmations sent by e-mail.
- The contractual information is presented in French and English, and will be followed by a confirmation detailing this information after your payment has been approved.
- The prices for our products are shown inclusive of VAT, but do not include your contribution to the logistical preparation and shipping costs. ? For deliveries and the provision of services outside France, the terms of the General Taxation Code concerning VAT will apply.
- If the sale of a product is to be accompanied by the provision of a service (assembly, installation, etc) its price will be specified in detail on the website as in the case of standard delivery charges.
- Vouchers can be used 1 year from their issuing date. They are cumulative, but can not be applied to freight and wrapping costs (this service is provided by an external supplier). These costs are therefore incompressible : direct-d-sign is not commited to reimburse the difference if the total amount paid by the Client is lower than the total value of the voucher(s).
- Vouchers that have been used cannot be reallocated to a Client that has returned the goods within the 7 working days following receipt of his order (Retractation Right). Vouchers will only be released to canceled orders before delivery, or damage and non conform orders.
- Regarding the comparative prices shown alongside the sales price, these are based on the manufacturer's recommended retail price. ? Direct-d-sign reserves the right to modify its prices at any time, but the products will be invoiced based on the applicable prices at the time the order was booked.
- The product remains the property of the manufacturer until payment in full of the sales price as featured on the website.
- Direct-d-sign reserves the right to refuse any order from a member with whom it has outstanding issues or litigation.
Article 5: Availability
Direct-d-sign will do everything possible to process all orders.
Should a product be found to be unavailable after the order has been placed and before the completion of shipments for the sale concerned, the member will be informed by e-mail or by telephone of the delivery of a partial order, or of the cancellation of his order.
If the payment has already been debited at the time the notification is made concerning the unavailability of the product, a refund request for the sums concerned will be generated: an e-mail will then be sent to the member. Following this request, the amount of time required for the bank account to be re-credited is dependent upon the type of bankcard used by the client: in the case of an instant debit card, the current account will be credited within a period of 3 to 8 days according to the bank concerned. In the case of the deferred debit card, the credit will appear in the account subject to the same conditions as those governing the usual debiting process, and will be credited to the card account instead of the current account. Should this refund takes longer, it is strongly recommended that the client contact his bank.
The delivery lead times are 30 days as from the date on which the product is ordered. These delivery lead times will be stipulated when the order is confirmed and in the order confir-mation e-mail. These lead times are mentioned once again on the Account page, in the " My Orders" section.
Article 6: Payments and security
Payments are made on the website by bankcard, based on the usual purchasing practices for each European country covered by our service. The bank cards accepted are CB, Visa, and Mastercard.
The secure payment area provides a facility for our friends in Great Britain to pay in pounds sterling. The prices of the items offered for sale on the Direct-d-sign website are shown in euros, and also in pounds (the exchange rate is updated on a weekly basis, and is based on the true rates supplied by the bank).
- The client's bank account will be debited after a maximum period of four days following the date of the order. The order will be considered as firm after the payment has been approved by the banking payment centres. In the event that the payment is refused by the bank, the order will be automatically cancelled.
- The consumer may demand the cancellation of a payment made by card in the event that this has been used fraudulently. The corresponding sums will then be re-credited to his account. The cardholder will not be considered liable if the payment has been made fraudulently and remotely, without the physical use of his card.
Direct-d-sign uses the high-performance secure payment service from BNPPARIBAS and has adopted the SSL (secure socket layer) encryption process. Customers' payment-related data is protected in the most effective manner possible. Direct-d-sign never has access to confidential payment information. Only the bank can access this data, which is unavailable to third parties as the transactions are carried out on the bank's website.
Article 7: Delivery
- The product will be sent to the delivery address supplied by the purchaser during the ordering process.
- The contribution to logistical preparation and shipping costs is fully inclusive of VAT.
- All of our deliveries are announced in advance by e-mail. During the shipment of a complete order, Direct-d-sign ensures that an original invoice including the delivery charges and VAT is accessible online. A delivery note always accompanies the pack or parcel.
- In the case of a partial shipment, an order form listing the products actually delivered is attached to the pack.
- Direct-d-sign delivers products to the following European countries: mainland France and Corsica, Great Britain, Germany, Italy, Austria, Ireland, Denmark, Sweden, Spain, Portugal, Belgium, Luxembourg, the Netherlands, Finland and Greece.
- The client must always confirm a delivery point, (at home, to the office, to the home of a third party, to a holiday destination, etc) and supply a valid telephone number (preferably a mobile) to ensure that he is always contactable.
7.1 - Delivery by post
If the client cannot be at home on the day of delivery, a non-delivery notice will be left in the client's letterbox by the postman. It is then the client's responsibility to collect the parcel from his post office within 10 working days following receipt of this non-delivery notice. Beyond this period of 10 working days, the product will be sent back by the post office to the storage warehouses rented by Direct-d-sign.
If the Client decides that a new delivery should be organised, this will be at his own cost and must be paid for before the items are reshipped. He must imperatively contact the Customer Service Department beforehand, (via the Contact or Help sections of the website).
7.2 - Deliveries by hauliers and parcel delivery services
Some deliveries made by hauliers require an appointment to be made by the Client with the haulier.
- In this case, if the Client cannot be present on the day of delivery, he should select an authorised person to receive the delivery in his place and to accept all of the liability incumbent upon the Client.
- In the event that the delivery is carried out by a haulier who has made an appointment with the Client for a precise time and date, the Client or his representative must imperatively be present on the arranged date and time. Otherwise, the haulier will be unable to make the delivery and the reshipment costs will be borne by the Client.
- Should the haulier suffer major delays outside his control, Direct-d-sign will do everything possible to arrange a new delivery, at its cost.
- In the event that the client's housing conditions make it impossible for the haulier to deliver the product, the delivery will not be carried out, and will remain at the Client's cost. (Please see 7.3 - Special cases)
At the time the product is delivered, the Client is entitled to refuse any pack which is damaged or open. He should always unpack the product in the presence of the haulier, and verify the conformity of the delivered merchandise in the presence of the haulier before signing the latter's delivery notes.
7.3 - Special cases
Some hauliers will not deliver products to apartments located above the fifth floor of a building which does not possess a lift, and will not deliver items if this necessitates the use of a lifting device.
In cases involving extremely large items, the Client is required to ensure beforehand that the main access to his home (including the size of the stair opening and his front door) is sufficient for the delivery of his order. Otherwise, the Client's order cannot be delivered to his home and the carriage costs will remain payable by him when the haulier has travelled to the client's home.
Deliveries of bulky items such as large electrical household goods and large audio/video products will be made by haulier, with the exception of islands which are not linked to the continental mainland by a bridge. In this case, delivery will be made to the relevant seaport, with the remainder of the journey being the responsibility of the Client.
7.4 - Delivery problems
The Client must imperatively refuse all damaged packs or parcels, indicating his objections in the form of written, detailed, explicit dated and signed observations on the delivery note.
Upon opening a parcel or pack, should any anomalies be noted concerning its content, the Client must imperatively send his complaint to Direct-d-sign the same day or the day following the delivery, if these anomalies concern:
- Broken or non-functioning products
- Damaged products: scratches, dents, impact damage, etc. ?
If the contents of the pack received do not conform to the order (concerning objects, colours, sizes or quantities) the client benefits from a longer period (7 days) to send his complaints to Direct-d-sign.
To do so, the Client must initially contact the Customer Service Department, by visiting the Help or Contact pages of the www.direct-d-sign.com website, choosing the "Contact the Customer Service Department" part of the "Delivery" section (please see article 9: Returns policy & procedure).
All complaints submitted after the deadline may be rejected, with no possibility of appeal by the Client. The absence of a complaint or a failure by the client to issue objections will be taken to imply that the delivered product is considered to be satisfactory, and consequently no subsequent complaint will be taken into consideration
7.5 - Delivery lead times
The delivery lead times are shown on the site during the sale, and in the order confirmation e-mail that you will receive after your basket of goods has been confirmed.
To help you track your order, we will send you an e-mail at the time the product leaves our warehouse. The lead times mentioned are provided to us by the hauliers, and consequently Direct-d-sign may not be held liable for any consequences due to delivery delays or the loss of a pack or parcel resulting from these.
In the event that a pack or parcel is not received during the stated lead time, on the Help page in the "Contact the Customer Service Department" section (Delivery) you can obtain up-to-date information concerning the state of progress with your order by submitting an inquiry request to the haulier handling the delivery. The haulier himself sets the deadline for the inquiry into lost items. For example, a product delivered via Colissimo which does not reach the Client, will be followed by an inquiry lasting 21 working days as from the date on which the inquiry is requested by Direct-d-sign. The launch of the inquiry takes place within 24 working hours following the Client's announcement to Direct-d-sign that the product has not been received. Should the product be located during the inquiry period, it will be delivered to the Client. If, at the end of the inquiry into the lost item, the product has not been found (and only on this condition) Direct-d-sign may issue a refund for the product and the Client may make no further claim against Direct-d-sign.
Article 8: Right of retraction
In conformity with the provisions of article L 121-20 of the Consumer Code, Direct-d-sign grants the Client the right to return the goods within the 7 working days following receipt of his order. The Client may cancel his order within the 7 days following the reception of the pack.
To do so, he should inform Direct-d-sign's Customer Service Department of this from the website, by visiting the Help or Contact page, followed by "Contact the Customer Service Department" in the Delivery section. If the product has not been shipped, the Client will incur no penalty. Otherwise, the carriage charges remain at his cost.
Any request to return goods which does not reach Direct-d-sign within this 7-day period for any reason, cannot be accepted. As an example, the following reasons will not be considered valid:
- The Client's absence during the 7-day period following the receipt of the goods by a third-party,?
- The delivery and use of the product at a holiday home or secondary place of residence (resulting in the client missing the 7-day deadline),
- A product given by the Client to another person, and used.
Article 9: Returns policy & procedure
To exercise his right to return goods or in the event of a product being found to be substandard, the Client must obligatorily and initially contact the Customer Service Department within the 7 days following receipt of the pack. The Customer Service Department may be contacted via the Direct-d-sign website (go to the Help or Contact page, followed by "Contact the Customer Service Department" in the Delivery section).
This 7-day deadline is reduced to 48 hours if the object has arrived broken or damaged. Please refer to section 7.3 (Delivery problems) for further information.
No returns will be accepted without the prior agreement of the Customer Service department and the issuing of a returns number confirming the agreement between both parties. The client will be informed of the method for returning the goods, according to the nature of the object (post office, parcels service or haulier).
The Client will then have a period of 10 days to return the product, which must imperatively be returned in a condition making it suitable for resale, i.e. conforming to the requirements detailed below:
- In its exact original condition,
- Still in its packaging, which should be intact,
- With all of the accompanying accessories,
- In perfect working order,
- Showing no signs of anything other than very brief use (i.e. to test the product),
- Accompanied by its instructions,
- For textile products: the product should not have been worn, should not be soiled, should not be washed, ironed or creased, and should be returned in its original packaging.
The products must imperatively be accompanied by:
- The return number supplied by Direct-d-sign
- The return slip which you will find in the pack/parcel (on the back of the delivery slip) duly completed.
- and the sales invoice printed beforehand on site.
The costs and risks related to the return of the product will be borne by the Client. If the product is lost by the haulier during this shipment, the Client alone will bear liability for this and will not be refunded by Direct-d-sign.
- If the return of the goods is accepted by the Customer Service Department, if the goods reach us within the 10-day period mentioned above and conform to the Return Conditions, the Client will be offered a refund equal to the purchase price, excluding the transport charges paid by the Client and which will not be refunded.
Direct-d-sign will make every effort to refund the Client by re-crediting his bank account within a period of 30 days as from the date on which the returned product is received. However, should this period be exceeded for reasons outside its control, no claims may be made against Direct-d-sign by the Client.
The speed with which the bank account will be credited depends on the type of bankcard the client has used: in the case of an instant debit card, the current account will be credited within a period of 3 to 8 days, depending on the bank concerned. In the case of a deferred debit card, the credit will appear at the end of the month on the card account and not the current account. If this refund takes longer, it is the responsibility of the Client to take this up with his bank.
- If the return is not accepted by the Customer Service Department, the Client may not exercise his right to return the goods, and must therefore retain his product with no possibility of a refund or money off his next purchase.
- If the return is accepted by the Customer Service Department, and the product is not sent back to Direct-d-sign within the 10-day period following the date on which the return is agreed, or if it does not arrive in conformity with the Return Conditions, the Client will not receive a refund.
In the latter case, if the Client wishes to take possession of his product once again, he must request this by sending an e-mail to Direct-d-sign, who will then send the product as soon as possible. The reshipment costs will be borne by the Client, and are payable in advance by bankcard.
Article 10 – Product guarantees
10.1 – General points
Direct-d-sign operates as a delegated representative for professional vendors who guarantee that the products which they present for sale on the Direct-d-sign website are in working order.
The guarantees for the products sold are clearly mentioned on the descriptive sheet for the product. For certain products, optional guarantees are also available, and clients may sign up to these by request, as part of the services offered by Direct-d-sign.
Clients having purchased a product without signing up to an additional guarantee may under no circumstances benefit from the advantages offered by this additional guarantee.
10.2 – Conditions
Apart from the possibility of a breakdown or operational problem within the 7 working days following receipt of the product by the Client, Direct-d-sign will under no circumstances take back any product which breaks down.
In such a case, the Client must contact the manufacturer's After Sales Service Department in order to benefit from the manufacturer's guarantee, as detailed on the product item sheet. Should such an occurrence arise, Direct-d-sign will do everything possible upon request from the client to supply him with the contact details of the After Sales Service Department concerned
Under no circumstances may Direct-d-sign be considered liable for the actions and decisions of the After Sales Service Department concerned with the product purchased by the Client As an example, Direct-d-sign will not pay for the return of a product which an After Sales Service Department has refused to accept, regardless of the grounds for this, including manufacturing defects, impact damage during transportation, or incorrect use of the product.
10.3 – Caution
Those products malfunctioning as a result of negligence, misuse, or inappropriate use vis-à-vis the installation and operating instructions for the product, will not be covered by the manufacturer's guarantee.
The product will be returned to the Client "as is" or repaired subject to the acceptance and prior payment of an estimate drawn up by the manufacturer.?
Article 11 - Applicable law
11.1 - Legal competence
Direct-d-sign's general sales conditions will be performed and interpreted in conformity with French law.
Any differences or disputes which may arise with regard to their validity, interpretation or performance will be submitted to the courts of Paris, to which legal competence is expressly and exclusively granted.
In the event that one of the clauses of the general conditions is found to be illegal or inapplicable by means of a legal decision, the other clauses and stipulations of the said conditions will continue to apply.
11.2 –Liability
Direct-d-sign's liability under the terms of the general sales conditions may not exceed a sum equal to the sums paid or payable during the transaction generating the said liability, regardless of the cause or form of the action concerned.
Article 12 - Information technology and civil liberties
The information collected by Direct-d-sign during the processing of orders from the Client is necessary to ensure optimal administration of these orders. In order to supply a service meeting the needs of its Clients, Direct-d-sign may find it necessary to collect data concerning awareness and usage of its own services. This data will then be used only as part of an anonymous and global database.
This information belongs to you, and you alone may modify it in the Account section of the direct-d-sign.com website. You also have the right to access and rectify such information by contacting Direct-d-sign at the following address: webmaster@direct-d-sign.com
This data will not be hired or sold to any third party. The optional information requested during registration (such as whether you own your home or information concerning your socio-professional category) will only be used for our internal statistics.
An exception is made for UNICEF France, who, with our permission and following a declaration to the CNIL, may contact those people who have opted for ethical sponsoring, and have ticked the "I agree to be contacted by UNICEF France" box.
Declaration to the CNIL: in application of law number 78-17 dated January 6, 1978 concerning information technology, files and civil liberties, direct-d-sign.com is registered with the CNIL (National Commission for Information Technology and Civil Liberties) under the number 1192169 (site declared on September 15, 2006). |