general terms and conditions of sale SHOP

 

Preliminary Article - General Provisions

Veuillez lire attentivement l’ensemble des présentes conditions générales de vente avant de commander / acheter un produit sur le présent site internet « newdelta.placeholder.tn ».

By ordering with obligation of payment one of the products of the association law 1901 " DELTA FRANCE ASSOCIATIONS ", you automatically accept the provisions described below because at the end of the order, you will have to click on the button " I read and I accept the general conditions of sale as well as the declaration of confidentiality ".

These terms and conditions (otherwise referred to as " GTC ") were updated and put online on [...].

We inform you that in case of refusal of the present GTC, you will not be able to order the products proposed on the website.

Article 1 - Designation of the seller

Le présent site internet newdelta.placeholder.tn » est édité par DELTA FRANCE ASSOCIATIONS, association loi 1901, enregistrée à l’INSEE sous le SIREN n°808 331 888, domiciliée à l’adresse sise 68, rue Sainte, 13001 Marseille.

Article 2 - Provisions relating to these general conditions of sale

2.1 Purpose of the T&Cs

Les CGV sont applicables exclusivement à la vente en ligne des produits de l’association loi 1901 « DELTA FRANCE ASSOCIATIONS » sur le site internet « newdelta.placeholder.tn » (ci-après dénommé le « Website ").

The online sale of the products is in all respects in accordance with the requirements  in terms of distance selling and, in particular, by articles L. 111-1, L. 112-1 and L. 221-1 et seq. of the Consumer Code.

2.2 Scope of the GTC

The GCS govern exclusively the contracts of sale on line of the products of the association law 1901 " DELTA FRANCE ASSOCIATIONS " (hereafter called the " Professional Salesperson ") to consumer purchasers (hereinafter referred to as the " Consumers "These documents, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogs or photographs of the products, which are only indicative.

The GCS are exclusively applicable to products delivered to Consumers established in France and / or in a member country of the European Union.

The GTC are written as well as all the contractual information mentioned on the Site in French language.

2.3 Availability and enforceability of the GTC

The GTC are made available to Consumers on the Professional Seller's Site where they can be consulted directly and can also be communicated to them on request by e-mail.

The GTC are opposable to the Consumers who acknowledge, by checking a box provided for this purpose, to have had knowledge and to have accepted them before placing order.

The validation of the order / purchase by its confirmation is worth adhesion by the purchaser with the CGV in force at the day of the order whose conservation and the reproduction are ensured by the Professional Salesman in accordance with the article 1127-2 of the Civil code.

2.4 Modification of the T&Cs

The Professional Seller reserves the right to modify its GTC at any time.

In the event of modification of the CGV, the applicable CGV are those in force at the date of the order of which a copy dated at this day can be given to the Consumers on his request.

2. 5 Terms and Conditions

The nullity of a contractual clause does not lead to the nullity of the GTC, except if it is an impulsive and determining clause that led one of the parties to conclude the sales contract.

The temporary or permanent inapplication of one or more clauses of the GTC by the Professional Seller shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.

Article 3 - Products

3. 1 Characteristics

The products offered for sale by the Professional Seller are T-shirts, sweatshirts, caps, hats, bananas, fouta, tote bags and bathrobes.

The products offered for sale presented in the catalog published on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's website by a link found on its logo) mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

3. 2 Instructions for use

The method of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest at its delivery.

3. 3. Compliance

The products comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.

The products comply with the requirements of French law in force at the time they are placed on the market.

The Professional Seller declares that it is only a distributor and not a manufacturer of the products that are offered for sale to Consumers via its Site.

The manufacturer is solely responsible for the conformity and marketing of the products sold by the Professional Seller.

The Professional Seller is in no way responsible for the conformity of the products sold.

The evaluation and certification of conformity of the products sold by the Professional Seller are established under the sole responsibility of the manufacturer of the products.

Pursuant to Articles L. 412-1 and R. 412-42 of the Consumer Code, the procedures for establishing the product allow to certify that the product complies with the essential requirements of the European directives and to affix the "CE" marking which is a mandatory passport for the free circulation of products in the European Community.

3. 4. stock availability

Products are offered and delivered while stocks last.

In case of unavailability of the ordered product, the Professional Seller informs the buyer immediately and can offer him a product of an equivalent quality and price or, failing that, a voucher for the amount of the order to be used for any future order.

In the event of disagreement of the purchaser, the Professional Seller proceeds to the refund of the sums paid within 45 days.

Apart from the reimbursement of the price of the unavailable product, the Professional Seller is not required to pay any compensation for cancellation, unless the non-performance of the contract is personally attributable to him.

Article 4 - Prices

4. 1. sales price

The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products listed in the electronic catalog, in euros all taxes included, excluding shipping and transportation costs mentioned before validation of the order and charged in addition.

The total amount due by Consumers is indicated on the order confirmation page or at checkout.

The selling price of the product is the one in force at the day of the order.

The selling price of the products does not include the shipping costs charged in addition to the price.

In the event of a price promotion, the Professional Seller agrees to apply the promotional price to any order placed during the period of the promotion.

4. 2. Modification

The Professional Seller reserves the right to modify its prices at any time, while guaranteeing to the Consumers the application of the price in force at the day of the order.

4. 3. Fees

The additional costs of transport, delivery or postage (to which it is necessary to add the other possible expenses supported by the Professional Seller), of which the Consumers could take note before the order, are fixed on the order form.

Article 5 - Online offer on the Site

5. 1. Area

The online sales offers presented on the Site are reserved for Consumers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.

5. 2. Duration

The online sales offers presented on the Site are valid, in the absence of indication of particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.

5. 3. Acceptance

The acceptance of the offer by the Consumers is validated, according to the process of the double click, by the confirmation of the order.

Article 6 - Online ordering on the Site

6. 1. Steps in the conclusion of the contract

To place an order, Consumers, after having filled their virtual shopping cart with the selected products and the desired quantities, click on the "Order" button and provide the delivery and payment information.

Before clicking on the "Confirm Order" button, Consumers have the possibility to check the details of their order and their total price and to go back to the previous pages to correct any errors or possibly modify their order.

The confirmation of the order implies acceptance of the GTC and forms the contract.

An e-mail acknowledging receipt of the order and payment is sent by the Professional Seller as soon as possible.

6. 2. Order modification

Any modification of the order by the Consumers and/or Professionals after confirmation of their order is subject to the acceptance of the Professional Seller.

The Professional Seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided in Articles R. 212-4 and R. 212-5 of the Consumer Code.

6. 3. Validation of the order

The Professional Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the quality of Consumers.

Article 7 - Contract

7. 1. conclusion

The confirmation of the order either on the Site or within the framework of the physical sale in store involves acceptance of the GTC and forms the contract.

The sales contract is formed at the time of the sending by the Consumers of the confirmation of their order on the Site and of the carried out payment.

7. 2. Archiving and proof

The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, order forms and invoices can be produced as proof of the contract.

7. 3. Resolution

The order can be cancelled by the Consumers by registered letter with request for acknowledgement of receipt or by a writing on another durable medium in case :

• delivery of a product that does not conform to the declared characteristics of the product;

• delivery beyond the deadline set in the purchase order or, in the absence of such a deadline, within thirty days of the conclusion of the contract, after the Professional Seller has been enjoined, in the same manner and without result, to make the delivery within a reasonable additional period ;

• price increase that is not justified by a technical modification of the product imposed by the public authorities.

In these precise cases, the Consumers can require the refunding of the paid installment increased by the interests calculated at the legal rate as from the date of cashing of the installment.

The order may be terminated by the Professional Seller in case of:

• of refusal of the Consumers to take delivery ;

• non-payment of the price (or the balance of the price) at the time of delivery.

In these cases, the deposit paid at the time of the order remains with the Professional Seller as compensation.

Article 8 - Payment

8. 1 Eligibility

The price is due in full after confirmation of the order.

With the exception of the sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in article 3-4 of the GTC, any sum paid in advance of the price produces interest at the legal rate at the end of a period of three months from the date of payment until the delivery of the product or, failing that, the restitution of the sum paid at the time of the order (articles L. 214 et seq.)

Payment is made immediately upon ordering by credit card or bank transfer.

8.2 Payment security

The Site is equipped with an online payment security system allowing Consumers to encrypt the transmission of their banking data.

8. 3. Late payment

Any sum not paid on the due date shall bear interest at the legal rate without notice.

8.4 Default of payment

The Professional Seller reserves the right, when the agreed price is not paid on the due date, either to ask for the execution of the sale, or to cancel the contract by simple registered letter with acknowledgement of receipt and to keep, as compensation, the deposit paid at the time of the order.

8.5 Retention of title clause

The Professional Seller remains the owner of the sold products until the complete payment of the price and the Consumers commit themselves, as long as the property is not transferred to them, to take all the useful precautions for the good conservation of the products.

Article 9 - Delivery

9. 1 Definition

Delivery means the transfer to Consumers of physical possession or control of the goods.

9.2 Delivery time

The Professional Seller undertakes, in accordance with the delivery deadline indicated on the Site for each of the products, to deliver the products within thirty (30) days after receipt of the order.

9. 3. Delay in delivery

When the ordered product is not delivered or the service is not provided at the date or at the expiration of the time mentioned on the purchase order, the Consumers can, after having enjoined without success the Professional Salesman to carry out his obligation of delivery within a reasonable additional time, cancel the contract by registered letter with request for acknowledgement of delivery or by a writing on another durable support.

9.4 Place of delivery

The products are delivered to the address indicated by the Consumers on the order form.

9.5 Terms of delivery

The delivery is carried out by the direct handing-over of the product to the Consumers or, failing that, by the sending by the Professional Salesman of a notice of provision to the Consumers.

Within fifteen (15) days as from the notice of provision, the Consumers must proceed to the withdrawal of the ordered product.

In the absence of withdrawal in the indicated time, the Professional Salesman can, after a formal demand to the Consumers, remained without effect, to proceed to the withdrawal, to cancel by rights the order and to preserve as compensation the paid installment.

When the product is delivered to the address indicated on the purchase order by a conveyor, it is up to the Consumers to check in the presence of the deliveryman the state of the delivered product and, in the event of damage or of missing, to issue reserves on the delivery order or on the receipt of transport, and possibly to refuse the product and to warn the Professional Salesman of it.

9.6 Product compliance

If the product is not in conformity with the order, the Consumers must address a complaint to the Professional Salesman in order to obtain the replacement of the product or possibly the resolution of the sale.

9.7 Unavailability of products

In case of unavailability of products at the time of delivery, the Professional Seller may propose, under the conditions provided for in Article 3-4 of the GTC, an equivalent product in terms of quality and price.

9. 8 Default of delivery

The total failure to deliver will result in the automatic cancellation of the sales contract.

9. 9 Delivery and transfer of risk

The risk of loss of or damage to the goods shall pass to the Consumers at the time they, or a third party designated by them, take physical possession of the goods, regardless of their nature.

The product, which is delivered to Consumers by a carrier chosen by the Professional Seller, travels at the Professional Seller's risk.

The product, which is delivered to the Consumers, by a carrier chosen by the Consumers, travels at the risks and dangers of the latter as from the handing-over of the good to the carrier.

9. 10. Transfer of ownership

As from the delivery date indicated in the purchase order, the property of the product is transferred to the Consumers, except in the case where the integral payment of the price was not collected with the order (see article 8-5 of the present CGV).

Article 10 - Legal guarantee of conformity, obligation of delivery in conformity and guarantee of the hidden defects

10.1 Consumer Information

All products supplied by the Professional Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (concerning contractual relations between the Professional Seller and Consumers) or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

10.2 Implementation of the guarantee of conformity

The Professional Seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery if the aforementioned defects are not attributable to the manufacturer of the product.

IThe Buyer shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was provided for in the contract or carried out under his responsibility.

To conform to the contract, the property must:

1^o Be fit for the purpose ordinarily expected of similar property and, where applicable :

• correspond to the description given by the Professional Seller and possess the qualities that this one presented to the Consumers in the form of sample or model;
• present the qualities that Consumers can legitimately expect in view of the public declarations made by the Professional Seller, notably in advertising or labelling;

2^o Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by Consumers, brought to the attention of the Professional Seller and accepted by the latter.

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

When they act in legal guarantee of conformity, the Consumers :

• have a period of two (2) years from the delivery of the property to act;

• may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;

• are exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

10.3 Implementation of the warranty for hidden defects

The Professional Seller is bound by the guarantee because of hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which reduce this use so much that the Consumers would not have acquired it, or would have given only a lesser price, if they had known them.

The action resulting from the redhibitory defects must be brought by the Consumers within two (2) years as from the discovery of the defect.

Consumers can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil code. In this case, they can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 11 - Liability

11. 1. exemption from liability

The responsibility of the Professional Salesman cannot be committed in the event of non-performance or of bad execution of the contract due either to the fact of the Consumers, or to the insurmountable and unforeseeable fact of a third party to the contract (fault of the conveyor during the delivery for example) or of the force majeure.

The responsibility of the Professional Salesman cannot be committed for nonconformity of the product to the legislation of the country of the Consumers to whom they belong to check if the product is not prohibited to the sale in its country.

11. 2. Product safety defect

In the event of damage caused by a safety defect in the product, Consumers must seek the responsibility of the manufacturer identifiable from the information mentioned on the product packaging.

11. 3. Penal clause

In all the cases of non-fulfilment of its obligations by the Consumers, the installment paid with the order remains acquired to the Professional Salesman as compensation.

Article 12 - Resolutive Clause

The cancellation of the order in the cases provided for in these GTC will be pronounced by simple registered letter with request for acknowledgement of receipt or by e-mail and will be acquired by right without any judicial formality.

Article 13 - Right of withdrawal

Article L. 221-5 of the Consumer Code requires prior information on the conditions, timeframe and procedures for exercising the right of withdrawal and communication of the standard withdrawal form, a model of which is proposed in the appendix to Articles R. 221-1 and R. 221-3 of the Consumer Code.

The conditions, the time limit and the modalities for exercising the right of withdrawal are set by article L. 221-5 of the Consumer Code and articles L. 221-18 and following of the CConsumer Affairs.

The information mentioned in the 2^o, 3^o and 4^o of Article L. 221-5 may be provided by means of the standard information notice set out in the appendix to Article R. 221-3 of the Consumer Code.

1. Terms and conditions of exercise

If the Consumers sign the contract, they will have the right to withdraw, without giving any reason, within fourteen (14) days. This period runs from the day of receipt of the goods by the Consumers, or by the third party designated by the Consumers to take physical possession of the goods.

To exercise the right of withdrawal, Consumers must notify :

• their name, geographic address and, when available, their telephone number, fax number and e-mail address;

• as well as their decision to withdraw from the contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form).

In order for the fourteen (14) day withdrawal period to be respected, it is sufficient for Consumers to send their communication regarding the exercise of the right of withdrawal before the expiration of this period.

In any case, the burden of proof of this exercise rests on the Consumers.

1. Effects

In the event that Consumers withdraw from the contract, the Professional Seller shall refund all payments received by Consumers.

The expenses of delivery concerning the return of the good ordered by the Consumer are the responsibility of the Consumer except if this last turns over the good bought following an error committed by the Professional Salesman (defect of size or defect of conformity of the ordered good for examples). In all the cases, the expenses of return could be put at the expense of the Professional Salesman only after report by this last of the error which it will have committed. The Consumer will not be able to require that the expenses of return are put at the expense of the Professional Salesman without showing the existence of a defect on the ordered good.

Consumers have a period of fourteen (14) days from the receipt of the ordered good to make the return. The Professional Seller will not be able to proceed to the refund of the ordered good once this period of fourteen (14) days as from the reception of the aforementioned good elapsed.

The Professional Seller will proceed with the refund using the same payment method used by the Consumers for the initial transaction.

It is reminded that the responsibility of the Consumers, in the event of withdrawal after use of the goods, is committed with regard to the depreciation and the degradation of the goods resulting from handling other than those necessary to establish the nature, the characteristics and the good performance of these goods.

According to the European Commission, these manipulations are those that a Consumer can carry out in a store, for the goods which are offered to the sale there.

Products must be returned in new, complete, undamaged condition and in their original packaging by Consumers.

Consumers shall affix the return label generated by the Professional Seller to the package containing the returned product.

The Professional Vendor may defer reimbursement until receipt of the goods ordered, or until Consumers have provided proof of shipment of such goods, whichever occurs first.

1. No right of withdrawal for certain products (Article L. 221-28 of the Consumer Code)

Pursuant to Article L. 221-28 of the French Consumer Code, Consumers acknowledge with respect to the Professional Vendor that they may not exercise or benefit from any right of withdrawal, in particular for (i) the supply of goods made to the specifications of the Consumers or clearly personalized, (ii) the supply of goods likely to deteriorate or expire rapidly, and (iii) the supply of goods which have been unsealed by the Consumers after delivery and which cannot be returned for reasons of hygiene or health protection.

Article 14 - Intellectual Property

L’association loi 1901 « DELTA FRANCE ASSOCIATIONS », par le présent site internet « newdelta.placeholder.tn » est titulaire des droits de propriété intellectuelle ou industrielle (par exemple droits d’auteurs, droits des marques, droits des brevets d’invention, documentation contractuelle, droits des modèles déposés de présentation et droits des dessins et modèles etc.) sur l’ensemble des informations, logiciels, documentations, données, structures de données, services, logos, marques, dessins, textes, fichiers vidéo, fichiers audio, images et autres contenus publiés sur ou utilisés dans le cadre du présent Site.

The absence of mention of property rights does not mean that the elements of the Site are not covered by any right belonging to the association law 1901 " DELTA FRANCE ASSOCIATIONS ".

The materials on the Site may be downloaded, displayed and/or printed only for private, non-commercial purposes and only under the conditions and to the extent that:

• the total or partial reproduction of the Site is strictly forbidden;

• the documents or associated graphics on the Site are not modified, broken down or translated;

• The graphics on the Site are not used without the accompanying text;

• the mentions of any kind, relating to copyright or other rights, which are linked to the contents downloaded by the user, are maintained and reproduced by the latter;

• the source code or structure of the representations and/or contents and/or the contents themselves are not disclosed, decompiled and used for purposes other than those strictly necessary for the operation and use of the Site; and/or

• the contents are not used for the purpose of manufacturing derivative products.

Article 15 - Processing of personal data

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the law n°78-17 of 6 January 1978 relating to computing, files and freedoms and the law of June 20, 2018 on the protection of personal data having amended the "Informatique et Libertés" law to adapt it to the provisions of the General Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on data protection (RGPD), which has been applicable throughout Europe since May 25, 2018, Consumers have the right to oppose, access, rectify, portability and, subject to the legal provisions applicable to the matter, deletion of the data concerning them.

The person in charge of the treatment being the association law 1901 " DELTA FRANCE ASSOCIATIONS ".

Consumers can send their request to the following e-mail address: dpo@delta-festival.com

If Consumers have previously agreed, they may receive marketing emails or SMS where Consumers can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking STOP in each SMS received.

It is also specified that Consumers who do not wish to be the subject of commercial prospecting by telephone can register free of charge on the "Bloctel" opposition list on the website www.bloctel.gouv.fr.

If the Consumers do not wish that the co-ordinates concerning it are re-exploited at commercial ends, thank you to inform the association law 1901 " DELTA FRANCE ASSOCIATIONS ".

If the Consumers do not wish that their co-ordinates are transmitted to thirds, thank you to inform the association law 1901 " DELTA FRANCE ASSOCIATIONS ".

The collection of personal data, their use for the processing of orders and the constitution of customer files and their distribution to third parties responsible for the execution and payment of orders is subject to the consent of the person concerned.

The processing of personal data, which are kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the National Commission for Information Technology and Liberties.

Consumers have the right to access, modify, rectify and delete their personal data at any time.

Article 16 - Mediation

16. 1. prior claim

In case of dispute, the Consumers must address in priority to the association law 1901 " DELTA FRANCE ASSOCIATIONS " by electronic mail to the address " sav@delta-festival.fr " or postal to the address sise DELTA FRANCE ASSOCIATIONS, Service après-vente, 68, rue Sainte, 13001 Marseille.

16. 2. Request for mediation

In the event of failure of the request for complaint near the association law 1901 "DELTA FRANCE ASSOCIATIONS" or in the absence of answer of this last one within two (2) months, the Consumers can subject the disagreement relating to the purchase order or to the present GCS opposing them to the Professional Salesman to a mediator who will try, in all independence and impartiality, to bring closer the parts in order to lead to a friendly solution.

The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Consumers may have recourse to the following mediators:

• CNPM MÉDIATION CONSOMMATION is available on the following website: https://www.cnpm-mediation-consommation.eu/ ;

• the European Commission's Online Dispute Resolution (ODR) platform, which can be accessed on the following internal website: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2 .

Article 17 - Competent Court

In the absence of amicable agreement, the Consumers will be able to seize the court for any litigation relating to the existence, the interpretation, the conclusion, the execution or the rupture of the contract as well as on all the documents related to this contract.

The court of jurisdiction shall be that of the place of domicile of the defendant (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (Article 46 of the Code of Civil Procedure).

Article 18 - Applicable law

This contract and the GTC governing it are subject to French law.