GENERAL TERMS OF SALE

ARTICLE 1 - FIELD OF APPLICATION 

The DIVINE society, registered in the Register of Trade and Societies of Sense under the number 429 809 304
This site is accessible on Internet to following address: http://www.divine-paris.com/.
ARTICLE 1 - FIELD OF APPLICATION
The present general terms of sale (below the «General terms of Sale») apply, without restriction nor reservation, to all the products offered in sale by the online boutique on the Internet site «http://www.divine-paris.com /» (below called the "Site").

The fact for a natural or artificial person (below called the "Client"), to command on the Site takes full and whole acceptance of the present General terms of Sale. They are accessible any time on the Site and the online version in the day of order will predominate, if necessary, over quite other version. The online boutique saves the possibility of adapting or of changing any time the present General terms of Sale, which will remain in force up to the online bet of a new version.

Before any validation of order, the Client will have the possibility of acquainting herself with present General terms of Sale and expressly have to accept them by checking the box envisaged with this effect. Any validation of an order passed on the Site draws away the training of a contract concluded with hindsight between the Client and the online boutique, in the sense of law n°2004-575 of June 21st, 2004 for confidence in numerical economy.

ARTICLE 2 - PROPERTY

The Site, its contents and all elements constituent, are creations for which the online boutique and/or, if necessary, its partners, are tenured of the intellectual entirety of rights of possession and/or the rights of working, especially as the copyright, the right of databases, the right of marks, and the right of drawings and models.

The Site, as well as software, databases, texts, information, analyses, pictures, photographs, styles of drawing, logos, sounds or all other data contained on the Site remain the exclusive property of the online boutique.

It is conceded to the Client a not transferable, non-exclusive right of use and in a private frame, of the Site and data contained on the Site. The right so conceded consists there (i) a right to consult online data and information contained on the Site and (ii) a right of reproduction consisting of an impression and/or a maintenance of data and consulted information. This right of use only agrees for a strictly private usage.

Quite other use of the Site, notably commercial, on behalf of the Client is forbidden. The Client notably stops himself, in a not exhaustive way, from reproducing and/or from representing for an usage other than private, from selling, from distributing, from issuing, from translating, from adapting, from diffusing and from communicating completely or partly whatever form it is any element, information or data of the Site.

Besides, the Client stops himself from introducing, whatever means it is, of data likely to change or to undermine contents or presentation of the Site.

Any link hypertext with the Site, whatever is the type of link, must make the object of a prior permission of the online boutique, acting in the name and as for the holder of concerned right, on paper or electronic support.

ARTICLE 3 - PRODUCTS

To allow the Client to acquaint himself with products offered in sale on the Site (below "Products") before ordering them, the online boutique introduces the essential characteristics of Products and described, especially, specifications and useful indications to satisfy at best the information of the Client. The choice and the purchase of a Product is put under the only responsibility of the Client.

Products offered on the Site (except products configuré by the client) will be sent to the Client within the limits of the available supplies, according to indications given during the confirmation of order.

In case of break of supplies of Products, the online boutique will offer to the Client of other Products of similar quality. In the hypothesis of a destruction or of damage on the Product (s) before delivery and what ordered Product (s) (s) initially is (is not) any more in supply, the online boutique promises to offer to the Client, either the delivery of other Quality products and of similar quantity, or the entire refund of order.

Pictures and styles of drawing introduced on the Site are pointed out as illustration of the offered Products and have no contractual value. The Client is invited to refer to the detailed description of every Product, to know essential characteristics.

Sale will be considered as final only after the dispatch by the online boutique to the Client of the confirmation of the acceptance of order by email at the address pointed out by the Client and after collection of the entirety of price.

ARTICLE 4 - RATES AND ORDERS ON THE SITE

The Client will be able to place order directly via the Site or by calling the customer service of the online boutique, from Monday till Friday (except bank holidays) of 8 h 30 - 16 30, to the following number: 03 86 62 36 20

Prices pointed out on the Site are expressed in Euro and TTC. They do not include transport charges, which will be pointed out during the confirmation of the final selection of Products by the Client and before his payment. These transport charges will be calculated according to size and to weight of order. THE ONLINE BOUTIQUE reserves the right to change these prices any time.

The price pointed out in the confirmation of order is final price. The payment will be considered as final only after real collection of funds by the online boutique itself.

The during very first order, the Client must register on the Site by grabbing an electronic valid address and by creating a personal count. The Client will have to be once again connected on his personal count during every order on the Site. The online boutique will confirm the acceptance of inscription by the dispatch of an email at address pointed out.

The online boutique confirms the acceptance of its order to the Client by the dispatch at electronic address which this one will have announced of an email of confirmation of the order, notably including the summary of order and address mentioned for the dispatch of products.

The Client will have the possibility of following the state of progress of his order connected on the Site in his personal count.

The online boutique reserves the right to cancel any order of a Client with whom would exist a litigation relating to the payment of a previous order or of an an one worries of delivery. The Client promises to give correct information and to prove them before the real catch of order.

In case of error during the seizure of the co-ordinates of the addressee of order, the online boutique could not be kept representative by the Client of the impossibility in which it was to deliver order at another address than that mentioned during the seizure of order on the Site.

Any order form validated by the Client by the procedure of the «double click» (validation of order very quickly) constitutes a definitive acceptance of the bill of sale which can be called into question only in borders envisaged in the present General terms of Sale as the right of retraction aimed at the article 8 below or in case of stock shortage of the ordered Products.

Sale will be reputed concluded only as from the confirmation of order by the online boutique, of procedure of the double click and of procedure of authentication.

It was expressly necessary that, errors excepted demonstrate on behalf of the online boutique proof of which the Client would bring back, data kept in the system of information have convincing force as for orders passed by the Client.

ARTICLE 5 - PAYMENT OF PRICE AND CONDITIONS OF REGULATIONS

The regulations of the price of Products are performed in order on the online boutique, by means of the service of online reassured payment PayPal ® or by bank card. Information concerning the bank card of the Client makes the object of a transmission reassured (encryption SSL 128 bits).

The Client will be informed by email about the collection by the online boutique of the price of the ordered Products.

The online boutique cannot be considered to be representative for damages linked to an error in debited sums, that these damages think their reason in a breakdown either a technical problem linked to the Internet network, in the fact of a third or of the bank, or whatever reason it is.

ARTICLE 6 – MODALITIES AND DELIVERY TIME

After confirmation of order and collection of the payment, the online boutique promises to prepare and to deliver, all Products were ordered by the Client. Products will be delivered within 2 - 5 working days as from the entire payment received by the online boutique and of delay necessary for the preparation of order, except longer delay specifically pointed out on the Site during order. In case of order of several Products from which delivery time differs, Products will be delivered together, according to delivery time applicable to the longest Product to be delivered.

The modalities of delivery aimed above are applied only for Products sent by the online Boutique in metropolitan France. For any delivery outside metropolitan France, the Client will have to contact the Customer Service Department of the online Boutique. In case of return of the goods due to an erroneous address pointed out by the Client, the online boutique promises to contact this Client to inform him about situation and to ask him for communication of the precise co-ordinates necessary for the good reception of order. The Client will have possibility, either to support the price of returning of order, or to be reimbursed the entirety of poured price, after deducting expenses of delivery.

The online boutique through the Site promises to make its best efforts to deliver products ordered by the Client for the delays above specify. These delays are announced for information only and a possible overtaking will be able to give rise to no damage and interests, deduction or cancellation of order by the customer.

However, if the ordered products were not delivered within 15 days as from the indicative date of delivery added to the delay of preparation of order, for quite other reason when the force majeure, sale will be able to be solved by written request of the Client or of the online boutique. Sums poured by the Client will then be restored to him in entirety and without delay, with the exception from any indemnity or deduction.

War, riot, fire, strikes, accidents and impossibility of being supplied are considered to be case of force majeure unloading the online boutique of its obligation to deliver. Products travel always at risks and dangers of the addressee, even when order is addressed to another addressee.

Delivery is reputed performed from the delivery of products ordered by the conveyor to the Client. Possible delays do not give the right to the Client to claim damages.

In case of visible defects, the Client benefits from right back in conditions envisaged in the present General terms of Sale.

During the reception of order, the Client has the obligation to prove that quality and quantity of the delivered Products well complies with its order. The Client will have a delay of 48 hours as from delivery to form a claim, in case of missing Products or of defects on the delivered Products. When the time expires, Products will be reputed correspondent and exempt from any visible vice. In that case, he will not be able to be asked the refund of product and of delivery.

In case of defect on one or several delivered Products, the Client will have possibility, either to return produced to correct this defect, or to ask for the refund of the entirety of order and of expenses of delivery.

The order of the Client understanding several Products will be only once sent there by the online Boutique. Since then, in case of unavailability of some Products ordered at the time of order, the online Boutique will inform the Client as soon as possible over delays estimated of delivery of the entirety of order.

ARTICLE 7 - TRANSFER OF PROPERTY - TRANSFER OF RISKS

The transfer of property of products to the advantage of the Client, will be accomplished only after complete payment of price by this last, and what is the date of delivery of aforementioned products.

On the other hand, the transfer of risks of loss and of deterioration of products will be accomplished from delivery of products to the conveyor.

ARTICLE 8 - RIGHT OF RETRACTION

The Client has, in accordance with the law relating to the code of trade, of delay of retraction of 14 days as from the reception of Products to ask the online boutique for an exchange of Products or for a refund of poured sums.

In that case, the Client promises to contact beforehand the customer service of the online boutique by sending a message from rubric «Contact Us» of the Site, pointing out the object of its request, or by telephone in 03 86 62 36 20 By return, and at the latest under 48 h, the online boutique will announce a token to the Client back, which this last will imperatively have to point out on the package containing the returned products. If the Client ordered several products and wants to return only a part of the ordered products, he will have to point out expressly the references of Products concerned in his message, on pain of refusal of refund of sums by the online boutique.

The Client will have to send the Products which he wants to see exchanged or reimbursed at following address:

Divine LOCK 5, street Louis Armand 89400 Migennes

Any exchange or refund will be accepted by the online boutique, only subject to the respect for all following conditions:

The token back must be linked with the package; Products must have gone back to their packing of origin by mail way, under about a week as from the attribution of the number back, in exclusive expenses of the Client Products have to be in a general good condition and peculiar to the resale; the used or incomplete, Products opened, harmed, and not accompanied with their accessories of origin will not be accepted in return. Knowing that the online boutique could not be kept representative for Products lost during return, it is recommended to the Client to turn Products by package recommended with acknowledgement of receipt.

The online boutique is kept in the exchange of Products or in the refund of sums poured by the Client, without any freshly additional payable by the Client, except for expenses back. Refund will be performed for the delay maximum of 30 days as from the reception of the notification of exercise of the right of retraction.

ARTICLE 9 - RESPONSIBILITY OF THE ONLINE BOUTIQUE - GUARANTEED

1) The online boutique copes regarding the Client, the accruing responsibility in the delivered Products, in accordance with regulation in force, and guarantees this one, consequently, against any claim or claim, judicial or amicable, resulting both from damage caused in property and from damage caused to the persons, from the fact of aforementioned products.

2) The online boutique also guarantees the Client, in accordance with legal provisions, against any hidden vice affecting the delivered products, as well as harmful consequences by resulting.
To emphasise his rights, the Client will have to, on pain of decline of any action relating to it, inform the online boutique, in writing, about the existence of vices for the delay maximum of 10 days as from their discovery.
The online boutique guarantees the Client, as hidden vices that can affect the delivered Products, only as part of a replacement of the faulty products, or rooms making them inappropriate to usage, without being able to be considered by the Client as representative for possible harmful consequences whom these hidden vices would have been able to draw away.

3) Products sold on the Site comply with regulation in force in France. The Client is alone responsible for the choice of Products and for their use.

4) The online boutique will be considered to be representative nor faulty for any consecutive delay or nonperformance in the survenance of a case of force majeure such as habitually admitted by the French case law.

5) The online boutique cannot be kept for representative for damage of all kinds, so material as insubstantial or bodily, which could result from a bad functioning or from a bad use of the commercialised products. The same is true for the possible modifications of Products resulting from producers. The responsibility of the online boutique will be limited, in any case, to the sum of order and could not be implicated for simple errors or omissions which would have been able to remain in spite of all precautions taken in the presentation of Products.
ARTICLE 10 - COMPUTER SCIENCE AND FREEDOM
In accordance with law n ° 1978-17 of January 6th, 1978, changed by law n ° 2004-801 of August 6th, 2004, one reminds of him that the data of names for which one asks the Client are necessary for the treatment of his order and intended for an internal usage by the online boutique. These data of names can nevertheless be transmitted in thirds, partners of the Seller, except express refusal expressed by the Client. This computer processing made the object of a statement to CNIL (Computer National Committee and Freedom), under the number 1434024.

The Client has, any time, a right of access, of modification, of correction and of opposition on all personal data, by giving proof of his identity to the online boutique. With this effect, he will put his request by post or by email from rubric «Contact Us» of the Site.

ARTICLE 11 - CO-ORDINATES OF THE SOCIETY

For any question relating to the available Products on the Site or to the conditions of sale of these, the Client will be able to contact the customer service of the online boutique by email at following address: contact@divine-paris.com
ARTICLE 12 - LITIGATIONS
In case of difficulties in the application of the present contract, the Client has the possibility of searching an amicable solution, notably with the help of a professional association of the branch, of an association of consumers or of quite other advice of his choice. One reminds of him that the research of amicable solution does not interrupt the "short delay" of lawful guarantee, or length of contractual guarantee.

One reminds of him that in general, and subject to the evaluation of the Courts of Paris, the respect for the dispositions of the present contract relating to contractual guarantee assumes that the Client honours his financial commitments towards the online boutique.

ARTICLE 13 - APPLICABLE RIGHT

All clauses appearing in the present General terms of Sale, as well as all operations of purchase and of sale aims at which at it one, will be subjected to French law.

Date of online bet of CGV: 7/1/2013