ARTICLE 1. PURPOSE
The purpose of these General Terms and Conditions of Sale is to set out the rights and obligations of DMC SAS and the Customer in relation to the products offered by DMC SAS on its website www.dmc.com (hereinafter "the Website"). They apply exclusively between the company DMC SAS, 13 rue de Pfastatt, 68200 Mulhouse, France, Siret number: 510 468 406 (hereinafter "DMC SAS") and any natural person visiting or making a purchase via said Website (hereinafter "the Customer").
On the Website, DMC SAS allows the Customer to order DMC SAS branded products online (hereinafter "the Product(s)") in accordance with these General Terms and Conditions. Any order placed with DMC SAS therefore entails the Customer's unreserved acceptance of these Terms and Conditions.
These General Terms and Conditions may be modified at any time and without prior notice by DMC SAS, the applicable terms and conditions being those in force on the date of the Customer's order. These General Terms and Conditions of Sale can be accessed at any time at the following address: https://www.dmc.com/fr/p-cgv.html, in an electronic format that allows them to be printed and/or downloaded, so that the Customer can copy or save them.
ARTICLE 2. PRODUCTS AND COMPLIANCE
The Products offered for sale are presented on the DMC SAS website and accompanied by a description.
The products offered by DMC SAS comply with the standards applicable in France.
The Customer hereby acknowledges that the elements such as photographs, texts and graphics, as well as all information and characteristics illustrating and/or accompanying the Products, have no contractual value.
Consequently, DMC SAS shall not be held liable in the event of an error or omission in any of these elements or in the event of modification of said elements by the suppliers and/or publishers.
Products sold by DMC SAS to a consumer are covered by the legal guarantee of conformity, which covers conformity defects amounting to non-compliances with the sales contract which appear within two years of delivery of the product.
This guarantee applies if the product does not correspond to the description given by the seller or if it is not fit for the purposes for which goods of the same type are normally used. To benefit from this guarantee, you must notify the seller of the conformity defect. We therefore recommend that you keep proof of purchase of the product at all times. In the absence of proof to the contrary, conformity defects which appear within six months of delivery of the goods shall be presumed to have existed at the time of delivery, except where this presumption is not compatible with the nature of the goods or the nature of the conformity defect.
If the product you have purchased has a conformity defect covered by the guarantee, you have the right to have the product replaced by the seller, free of charge.
Given the products sold on the site, DMC SAS does not apply any other guarantee, in particular a "commercial guarantee" or "contractual warranty".
ARTICLE 3. OBLIGATIONS OF THE CUSTOMER
The Customer hereby declares that he/she is at least 18 years of age and has the legal capacity or parental authorisation to place an order on the Website.
The Customer undertakes, when so requested online, to provide DMC SAS with the true and accurate information required, depending on the situation of each Customer, for the performance of the service covered by these Terms and Conditions, in particular their surname, first name, address, telephone number and a valid e-mail address.
The Customer shall be responsible for the consequences of false or inaccurate information provided or information that is included unlawfully.
Once the order has been placed, DMC SAS shall send the Customer an e-mail confirming the order. DMC SAS shall also inform the Customer about the shipping of the Products.
The Customer can change his/her personal information in the "My Account" section.
ARTICLE 4. ORDER
An order will only be validated after payment has been accepted.
DMC SAS reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
DMC SAS can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Website at the time of order confirmation.
If, despite the vigilance of DMC SAS, the products are unavailable, DMC SAS shall inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and be reimbursed, if necessary, for the sums already paid.
DMC SAS shall not be held liable for any permanent or temporary unavailability, nor shall such unavailability give rise to any right to compensation or damages in favour of the Customer.
ARTICLE 5. PRICES
All prices are shown in UK£ and are inclusive of VAT at the prevailing UK rate at the time of order. Exact VAT charged is calculated based on the final value of your order in the check out process. You will be responsible for any other taxes applicable in the territory to which the Goods are sent.
The shipping costs and contributions to order processing costs and packaging costs will be indicated in the Customer's basket, before the final validation of the order.
Prices may be changed at any time, without prior notice, particularly in the event of changes in taxes or economic factors. Items will be billed at the prices applicable at the time the order is placed.
ARTICLE 6. PAYMENT
Payment must be made in full at the time of ordering. At no time can the sums paid be considered as a deposit or advance payment. The Customer shall pay for his/her order by credit/debit card (Visa, Eurocard/Mastercard) or by bank transfer, in accordance with the provisions of this article.
DMC SAS does not accept payment by cheque. The Customer must use the other payment methods offered.
For each transaction, the Customer shall indicate the number on the front of his/her card, the expiry date of his/her card and the security number on the back of his/her card (last three digits).
The communication by the Customer of his/her credit/debit card number shall constitute authorisation for DMC SAS to debit his/her account for the amount of his/her order.
No COD shipments will be accepted for any reason.
DMC SAS shall retain ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by DMC SAS are 100% secure. For payments by credit or debit card (Visa, Eurocard/Mastercard), all information that Customers communicate to DMC SAS is strictly protected and guarantees the conformity and security of each transaction.
ARTICLE 7. DELIVERY
1- General
The products are delivered to the delivery address indicated during the ordering process (delivery address), at best on the date indicated on the order confirmation page before final validation by you, all within a maximum of thirty days after the conclusion of the contract.
In the event of a delivery incident due to an error in the delivery address, we cannot be held responsible and may proceed to refund the order (excluding the initial delivery costs).
Regardless of the delivery method you choose, you can track your order through your Customer Account (My Orders section).
2- Delivery methods
If you are not at home when your order arrives, the driver will leave a note to let you know where and how to collect your parcel. Your orders are shipped from France.
Delivery costs £4.95 or we offer FREE delivery on purchases of £35 or more.
We do our best to prepare your order as quickly as possible to ensure that you receive it within 10-12 working days. You can track your order on the courier’s website with your shipment number which is sent by email. Please note that delays are possible and we thank you for your patience.
Please note that DMC declines all responsibility for the extension of delivery times due to the courier, particularly in the event of loss of products, bad weather and strikes. Therefore, the delivery times shown above are given as an indication only.
If the net value of your order is above £135, customs rule and normal VAT will apply in Great Britain. Therefore, your carrier will get in touch with you to collect these customs charges once your package arrives in the UK.
3- Late delivery
In the event of a delay in delivery of more than 30 days from the date of conclusion of the contract, you have the right to demand delivery within a reasonable period.
If we fail to deliver within the period you stipulate, you may request the cancellation of your order and a full refund (goods and shipping costs). To do so, you just need to inform us by sending a registered letter with acknowledgement of receipt to the following address, specifying your references (customer number and order number):
DMC Service Clients Internet
5, avenue de Suisse
68110 ILLZACH, FRANCE
We will refund your order within a maximum of 14 days and by the same method of payment chosen at the time of ordering.
However, you may choose another refund method among those accepted on the site (credit/debit card or cheque); you just have to indicate your preferred method in your letter.
If, in the meantime, you receive your parcel, you may withdraw your cancellation request if the refund has not already been made, or maintain your cancellation request by returning the parcel to us using the procedure indicated in Article 9.
The costs related to the return of your parcel will be refunded within 14 days, provided you submit proof of said costs.
4- Error in processing your order
If you notice an error on our part in the preparation of your parcel (items not compliant with your order, missing items, etc.), please inform us by e-mail via the contact section [LINK TO CONTACT FORM], indicating your customer references (customer number and order number).
We undertake to send you the correct or missing items within a maximum of 10 days after receiving your e-mail.
If you have received incorrect or non-compliant items, we invite you to return them to us in accordance with the return procedure set out in Article 7.6.
The costs incurred to return items due to an error in the processing of the order by DMC SAS will be refunded upon the sending of proof by e-mail or post.
Please note that if you have made an error in the processing of your order, DMC SAS does not offer in-store exchange and return.
However, you may return your parcel no more than 2 months after receiving it, using the return procedure set out in Article 9.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with the provisions of the French Consumer Code, you have a period of 14 days to exercise your right of withdrawal, starting from the day of receipt of the parcel by yourself or by a third party designated by you.
The right of withdrawal allows you to return your order in whole or in part without giving a reason.
At the end of the 14-day period, you will not be able to return any products, and your request for withdrawal will be refused.
Exercising the right of withdrawal
To exercise your right of withdrawal, in accordance with the legal provisions, you just have to inform us; you can use the withdrawal form by clicking here, and return your parcel along with your invoice to the following address:
DMC SERVICE INTERNET
5 Avenue de Suisse
68110 Illzach, France
Your decision to withdraw must be unambiguous.
Unless there is an error on our part or the items concerned are defective, the costs incurred for the return of your parcel shall remain at your expense. We recommend that you return your products with a tracking number, as we cannot be held responsible if your parcel is lost on its way back to us.
Effect of the right of withdrawal
As soon as we receive your parcel, we will refund the full amount of your order (goods and initial shipping costs only; Colissimo return shipping costs are at your expense) as soon as possible and within 14 days at the latest, using the same method of payment as the one chosen at the time of ordering.
If you have chosen a more expensive delivery method than the standard delivery method we offer, the difference in cost will not be refunded.
Limits to the right of withdrawal
The right of withdrawal cannot be exercised for items that are damaged.
ARTICLE 9. PRODUCT RETURNS
Returned products must be undamaged and in their original packaging.
Any item that does not meet these conditions cannot be refunded.
You may return your parcel to us at your own expense at the address below:
DMC Service Clients Internet
5, avenue de Suisse
68110 ILLZACH, FRANCE
In all cases, please indicate your customer references (customer number, order number, invoice number) and specify the precise reason for the return.
We recommend that you return your products with a tracking number, as we cannot be held responsible if your parcel is lost on its way back to us.
If your return involves a refund, this refund will be made as soon as possible and at the latest within 14 days of the date on which you informed us of your decision to withdraw.
If you used a 'voucher' or benefited from a 'discount offer' on your order, the discount will have been proportionally distributed over the value of each item.
ARTICLE 10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorised to download or modify all or part of the Website and in particular its content (listed products, descriptions, images, videos, etc.).
This Website or any part of this Website may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of DMC SAS.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Website shall remain the full and complete property of DMC SAS.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Website or on the Products, if any, or register any trademark that would be prejudicial to the owner of the rights, unless otherwise provided for in the contract. The same applies to any other intellectual property right.
ARTICLE 11. PERSONAL DATA
DMC SAS attaches great importance to protecting and respecting its Customers' privacy and their personal data. Consequently, DMC SAS undertakes to use the confidential information of Customers only in the context of the operation of its Website.
The Customer hereby acknowledges that, for the proper processing of the order, the personal data collected will be subject to computer processing.
In this context, information concerning him/her may be communicated to technical service providers of DMC SAS.
In addition, DMC SAS may use technical means to obtain non-personal information relating to Internet users, intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the French Law of 6 January 1978, as amended by the Law of 6 August 2004, the Customer has the right to access and rectify personal data concerning him/her in DMC SAS's files. All requests should be sent by e-mail or by post to the following address: DMC SERVICE INTERNET, 5 Avenue de Suisse, 68110 Illzach, France.
This data processing has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL), which issued receipt no. 1517135 v 0 on 29 June 2011.
ARTICLE 12. FORCE MAJEURE
In the event of the occurrence of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of said event, by registered letter with acknowledgement of receipt.
In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in the way products or services are marketed, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties that prevents the normal performance of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party.
ARTICLE 13. GENERAL PROVISIONS
13.1. OBLIGATIONS
DMC SAS shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular in the event of a break in service, an external intrusion or the presence of computer viruses, or any other qualified event. At all stages of access to the Website, from the order process to the dispatch of the parcel or subsequent services, DMC SAS has only a best efforts obligation.
13.2 PARTIAL INVALIDITY OF A CLAUSE
If any of the provisions of these Terms and Conditions is declared null and void or unenforceable by a competent court, it shall be declared unwritten and shall not entail the nullity of the other provisions.
13.3. UPDATE
These General Terms and Conditions may be modified at any time and without prior notice by DMC SAS, the applicable terms and conditions being those in force on the date of the Customer's order.
These General Terms and Conditions of Sale can be accessed at any time at the following address: https://www.dmc.com/fr/p-cgv.html, in an electronic format that allows them to be printed and/or downloaded, so that the Customer can copy or save them.
13.4. DISPUTES - APPLICABLE LAW
These General Terms and Conditions of Sale are subject to French law.
In the event of a dispute arising from the present contractual relationship, the parties undertake, before any legal action, to seek an amicable solution.
In the absence of an amicable settlement, jurisdiction is given to the competent French courts.
13.5. REMINDER OF THE PROVISIONS RELATING TO LEGAL GUARANTEES
Article 3 of the Order of 18 December 2014
The general terms and conditions of sale of consumer contracts contain a box indicating that, when making a claim under the legal guarantee of conformity, the consumer:
- Has a period of two years from the date of delivery of the goods in which to act;
- May choose between repair and replacement of the goods, subject to the cost conditions set out in Article L. 211-9 of the French Consumer Code;
- Is exempted from proving the existence of the conformity defect in the goods during the six months following the delivery of the goods. From 18 March 2016, this period is extended to twenty-four months, except for second-hand goods.
Article L. 217-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and shall be liable for any conformity defects existing at the time of delivery. The seller shall also be liable for any conformity defect resulting from the packaging, the assembly instructions or the installation, if the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.
Article L. 217-5 of the French Consumer Code
To be in conformity with the contract, the goods must:
- Be fit for the purpose ordinarily expected of similar goods and, where appropriate:
- Correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;
- Have the qualities that a Customer may legitimately expect, having regard to the public statements made by the seller, the producer or its representative, particularly in advertising or labelling; or
- Have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, when said use has been brought to the attention of and accepted by the seller.
Article L. 217-12 of the French Consumer Code
An action arising from a conformity defect may not be brought more than two years after the date of delivery of the goods.
Article L. 217-16 of the French Consumer Code
When, during the period of the commercial guarantee granted to the buyer at the time of the acquisition or repair of movable property, the buyer asks the seller for a repair covered by the guarantee, any period of immobilisation of seven days or more shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the goods in question are made available for repair, if they are made available after the request for intervention.
Article 1641 of the French Civil Code
Under the guarantee, the seller is liable for hidden defects in the sold item which make it unfit for its intended use, or which reduce this use to such an extent that the Customer would not have acquired the item, or would only have paid a lower price for it, if he/she had known about them.
Art. 1648 paragraph 1 of the French Civil Code
An action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
13.6. MEDIATION
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, DMC SAS uses the mediation service of the Centre de Médiation de la Consommation de Conciliateurs de Justice (CM2C), whose contact details are as follows: 14 rue Saint-Jean - 75017 Paris, France.
After a prior written request to the professional, the CM2C can be contacted either:
- Online, by clicking on the following link: https://www.cm2c.net/declarer-un-litige.php, filling in the form and submitting supporting documents; or
- By post, at the address given above; or
- By e-mail, at the following address: [email protected]
In addition, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase and then forward them to the relevant national ombudsmen. This platform can be accessed by clicking on the following link: http://ec.europa.eu/consumers/odr/
Page updated on: 06/01/23
