TERMS AND CONDITIONS
Preliminary article
The Denis Skrok brand sells the articles in France.
Anxious to always better meet the expectations of its customers, the Denis Skrok brand wanted to set up a remote sales network by electronic means (Internet) for some of its products. In order to guarantee its customers a new optimum service, the Denis Skrok brand wished to offer a selection of certain items and exclude certain categories of items from its remote offer. The list of items offered in the context of distance selling can be viewed on the website www.denis-skrok.com.
The system thus put in place, which presupposes an active approach on the part of the customer, fully complies with the requirements required in terms of distance selling and, in particular, with Articles L. 111-1, L. 113-3 and L. 121-18 and following of the Consumer Code.
The use of the distance selling process described in these general conditions of sale is reserved for consumers only, within the meaning of the law and case law, acting exclusively for their own account and domiciled in metropolitan France (including Corsica).
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Article 1: Scope
These general conditions of sale are applicable to all sales of Denis Skrok items concluded via the merchant site accessible from the French version of the website www.denis-skrok.com, with a view to delivery in mainland France (including Corsica).
The customer declares to have read these general conditions of sale before placing his order. The validation of his order is therefore acceptance without restriction or reservation of these general conditions of sale.
In accordance with the provisions of article 1369-1 of the Civil Code, these general conditions of sale may be kept by any person visiting the website www.denis-skrok.com, by means of a computer recording and may also be reproduced by the client, by means of their printing; these general conditions of sale will apply as long as they appear on the website www.denis-skrok.com. In the event that, after the date of their removal from the website www.denis-skrok.com, these general conditions of sale nevertheless remain accessible to the public via other websites or by any other means, they will not be however more opposable to the Denis Skrok brand.
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Article 2: Identification of the author of the offer
"Atelier Denis Skrok"
Craftsman trader Registered in the Rouen Trade and Companies Register
under the number 420 950 024
Headquarters: 32 rue Franklin 76600 Le Havre
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Article 3: Information relating to articles
Information relating to all Denis Skrok items likely to be sold on the website www.denis-skrok .com is available, with their references.
This information complies with the requirements required by the legal and regulatory texts in force and in particular by articles L. 111-1 and L. 113-3 of the Consumer Code and by the ministerial decree of 3 December 1987 "relating to consumer information on prices ".
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Article 4: Orders of articles
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4.1 Internet orders
Orders may be placed on the Internet on the merchant site accessible from the French version of the Internet site www.denis-skrok.com. The customer is responsible for the telecommunications costs when accessing the Internet and using the site www.denis-skrok .com. The photographs, graphics and descriptions of the products offered for sale are only indicative and in no way bind the Denis Skrok brand.
In the event of a manifest error between the characteristics of the articles and their representation, the Denis Skrok brand cannot be held liable.
In order to be able to buy a product during his first order, the customer will have to open a customer account and fill out an order form specifying certain compulsory fields so that his selection can be taken into account by "Atelier Denis Skrok".
In the event of prolonged inactivity during the connection it is possible that the selection of the items chosen before this inactivity is no longer guaranteed. The customer will be invited to resume his selection of products from the start.
All the steps necessary for the sale will be specified on the website www.denis-skrok .com in accordance with the provisions of article 1369-1 of the Civil Code.
Pursuant to the provisions of article 1369-2 of the Civil Code, the customer will have the possibility, before confirming his order definitively, to check the details of his order and its total price, and to correct any errors, before confirm and pay the amount of the order to express acceptance. From the moment the customer has validated and paid for his order, the company "Atelier Denis Skrok" will acknowledge receipt thereof without delay and electronically.
However, the sale will only be considered effective after the order confirmation has been sent to the customer by Atelier Denis Skrok, specifying the shipment of the items. Only the items shipped will be debited with the transport costs.
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4.2 Refusal of orders
In accordance with the provisions of article L.122 1 of the Consumer Code, "Atelier Denis Skrok" will be entitled to refuse any abnormal order or order placed in bad faith.
In addition, "Atelier Denis Skrok" will be entitled to refuse any order from a customer with whom there is a dispute over payment for a previous order.
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Article 5: Price of items
The price of the items is inclusive of all taxes, plus delivery costs.
The price including VAT of each of the items that the customer wishes to acquire as well as the amount of transport costs relating to their delivery will be communicated to him when connecting to the website www.denis-skrok .com.
In accordance with the provisions of Article L.121 19 of the Consumer Code, the customer will receive, upon delivery, for each of the items, written confirmation of the price paid detailing the price of the items and the delivery costs charged to him. charge.
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Article 6: Terms of payment
Payment for customer purchases is made by bank card or Paypal: cards from the "CB" network, Visa, Eurocard / Mastercard issued on bank accounts domiciled in mainland France (including Corsica) are accepted.
The customer's bank card is debited when the order is prepared.
To this end, the customer guarantees "Atelier Denis Skrok" that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his then communicates in a secure environment on the Internet, the sixteen-digit number and the expiration date, appearing on the front of his bank card, as well as, if applicable, the visual cryptogram numbers on the back of his bank card.
In the context of Internet payments, and in order to fight against Internet fraud, the control will be carried out online with the competent banking establishments and organizations, questioned via the system of the La Banque Postale group (France). He will be responsible for the storage and automated processing of information relating to each order including bank card details in a secure environment.
In addition, information relating to orders is subject to automated data processing for which the manager is FIA-NET SA The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
FIA-NET SA and the company "Atelier Denis Skrok" are the recipients of the data relating to any order. The non-transmission of data related to an order prevents the realization and analysis of the corresponding transaction.
The occurrence of an unpaid due to fraudulent use of a bank card will result in the registration of the contact details in connection with the order associated with this unpaid within a payment incident file implemented by FIA-NET SA An irregular declaration or an anomaly may also be the subject of specific processing.
In accordance with the Data Protection Act of January 6, 1978, the customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail, and by justifying his identity, to FIA-NET - Service Informatique et Libertés- Processing n ° 773061 and n ° 1080905 - 22 rue Drouot, 75009 PARIS.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), the debit of the sums due by the customer would prove impossible, the sale made by telephone would be immediately resolved, and the process of Internet purchase canceled.
The provisions of article 1341 of the Civil Code are inapplicable to sales concluded at a distance by the
the company "Atelier Denis Skrok".
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Article 7: delivery
Subject to the provisions of the paragraph below, the delivery of the articles can only take place at the permanent domicile of the customer in metropolitan France (including Corsica).
The customer also has the option of having the articles delivered to one of the natural persons of his choice whose permanent residence is located in metropolitan France (including Corsica), as part of the Gift service set up by "Atelier Denis Skrok ".
It is understood that no delivery can be made to hotels, business addresses, or PO boxes.
The delivery of the articles will take place, after the payment of the amount of the order has been recorded, to the customer's address. In accordance with the provisions of article L.121-20-3 of the Consumer Code, the delivery of the ordered items will take place no later than 30 days from the day following the order, subject to full payment of the price.
"Atelier Denis Skrok" will deliver the items ordered either by express transport or by simple parcel. Any deadlines communicated by
"Atelier Denis Skrok" will only be indicative.
If, upon delivery, the exterior appearance of the package is not perfect, the customer will open it in the presence of the carrier in order to check the condition of the item. In the event of damage to the article, the customer will detail them precisely on the delivery note, the provisions of article 11 below remaining otherwise applicable.
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Article 8: Satisfied or refunded - right of withdrawal and return of items
"Atelier Denis Skrok" intends that those of these customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for by article L.121-1 of the Consumer Code under the best conditions.
From receipt of the goods, the customer has 14 days to retract. Before the expiry of this period the customer must send a declaration of withdrawal by mail or by email.
Therefore, the customer must return the items within 14 days of the withdrawal date, in their original packaging, in their original (new) condition, complete (accessories, instructions, etc.), accompanied by the return (provided by a simple email to www.denis-skrok.com carefully completed, a copy of the declaration of withdrawal and a copy of the invoice to the following address: Atelier Denis Skrok, 32 rue Franklin, 76600 Le Havre.
It will be up to the customer to provide proof of this return, which implies that the items must be returned by registered mail, or by any other means giving a certain date, the costs and risks of return remaining the responsibility of the customer.
The reimbursement of returned items at the invoiced price will be made, depending on the method of payment for the items, by credit to the customer's bank account corresponding to the bank card used for payment, within thirty days of receipt, by "Atelier Denis Skrok ", of returned items.
It is specified that in the context of the use of the Gift Service, the right of withdrawal remains for the exclusive benefit of the customer and can in no case be exercised by the recipient of the gift.
Items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be refunded.
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Article 9: Exchange
"Atelier Denis Skrok" wishes to offer its customers the possibility of exchanging the items delivered under the conditions described below.
It is specified that in the context of the use of the Gift Service, the option of exchange cannot be exercised by the recipient of the gift but only by the customer.
The customer may, at his option, within thirty days of the delivery date:
- Or proceed with the exchange remotely. In this case, the customer must return the items delivered in their original packaging, complete (accessories, instructions ...) and accompanied by the carefully completed return slip and a copy of the invoice, to the following address : "Atelier Denis Skrok" 32 rue Franklin, 76600 Le Havre.
It will be up to the customer to provide proof of this return, which implies that the items must be returned by registered mail, or by any other means giving a certain date, the return costs remaining the responsibility of the customer. Any new delivery can only take place after receipt by
"Atelier Denis Skrok" of items returned by the customer.
- Or go to one of the stores belonging to "Atelier Denis Skrok" established in mainland France with the items delivered in their original packaging, complete (accessories, instructions, etc.) and accompanied by a copy of the invoice in order to proceed with the exchange.
Whatever option is chosen, items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be exchangeable.
In the event of an exchange of items, the initial sale will be resolved. Payment for the new sale will be made by offsetting with the amount of the previous sale, it being understood that any overpayment will be the object either of a credit in favor of the customer, or of a re-credit on the bank card. of the customer or on the customer's bank account provided that the customer re-contacts the Customer Relations Department.
In the event of an item exchange via the Customer Relations Department, the new sale will be subject to these general conditions of sale.
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Article 10: Conformity - Guarantee
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply with his order, the customer must inform the Customer Relations Department of "Atelier Denis Skrok" by telephone and return the items in question under the conditions set out in article 8 of these conditions. general sales.
Notwithstanding the specific warranty conditions given to the customer with the item delivered, the items are subject to the warranty conditions provided for by law.
Reminder of articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:
"Article L.211-4 of the Consumer Code: the seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has was charged to it by the contract or was carried out under its responsibility. "
"Article L.211-5 of the Consumer Code:
To comply with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
"Article L.211-12: The action resulting from the lack of conformity lapses two years from the delivery of the goods."
"Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. "
"Article 1648 of the Civil Code, first paragraph: The action resulting from the lack of conformity lapses two years after delivery of the goods."
The repair of the consequences of the hidden defect, when it has been proven, comprises according to the case law:
- either the completely free repair of the item, including labor costs,
- either its replacement or the total or partial refund of its price in the event that the item is totally unusable,
- and compensation for any damage caused to people and property by the defect of the article.
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Article 11: Complaints - information
For any information, complaint or question relating to the Internet sales conditions set up by "Atelier Denis Skrok" or to the items themselves, customers should contact the E-commerce Service by email: serviceclient @ denis-skrok .com by recalling their order number if necessary.
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Article 12: Electronic files - protection of privacy
"Atelier Denis Skrok has created an electronic file which lists certain personal data relating to its customers. When an order is placed on the Internet on the site www.denis-skrok.com by any new customer, this database will be enriched. by means of information concerning him, which will then make it possible to better meet his expectations and facilitate the assistance services provided by the E-commerce service. This database has been declared , in accordance with the requirements of the "Informatique et Libertés" law n ° 78-17 of January 6, 1978, amended by law n ° 2004-801 of August 6, 2004.
In the event that the customer agrees to communicate individual data of a personal nature, he would then have the individual right of access, withdrawal and rectification provided for by law and may in this regard have information concerning him deleted that is not more relevant, by making a written request to "Atelier Denis Skrok", at the address mentioned in the previous article.
Depending on the choices made during the creation or consultation of their accounts on the Internet, customers will be likely to choose whether they wish to receive offers from "Atelier Denis Skrok", or to be informed of specific operations by email. If a customer no longer wishes to receive these offers, he can make a request at any time by clicking on an electronic link available in the emails for this purpose, or by modifying his account directly on the website www.denis-skrok.com .
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Article 13: Intellectual property rights
The Denis Skrok brand, as well as all figurative and non-figurative brands and more generally all other brands, illustrations, images and logos appearing on Denis Skrok articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Denis Skrok. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Denis Skrok, is strictly prohibited. The same is true for any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same will apply for all copyrights, designs and patents which are the property of Denis Skrok.
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Article 14: Force majeure
The execution by "Atelier Denis Skrok" of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. Are considered as such, in particular, without this list being exhaustive, the war, the riots, the insurrection, the social disturbances, the strikes of all kinds and the supply problems of "Atelier Denis Skrok".
"Atelier Denis Skrok" will inform the customer of such a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the customer would then have the possibility of terminating the current order, and it would then be reimbursed under the conditions set out in article 8 hereof. Terms of Sales.
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Article 15: Disputes - applicable law
These general conditions of sale are subject to French law.
In the event of difficulty arising during the ordering or delivery of Denis Skrok items, the customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of a consumer association. or any other advice of his choice.
Any dispute that may result from the interpretation or execution of these general conditions of sale and its consequences will be subject to the exclusive jurisdiction of the French courts.