These general conditions of sale (hereinafter “GTC”) are concluded between :
Dicydence, Simplified Joint Stock Company (SAS) with ⏠30,000.00 capital,
Registered at the PARIS Trade and Companies Register under number 803174515,
Whose head office is 60 rue des Batignolles, 75017 PARIS FRANCE
Intra-community VAT: FR-0181940528,
Represented by Maguelonne Rigal, President duly authorized for the purpose of the present,
Hereinafter referred to as “Dicydence”
And
Any adult, non-commercial person, having the legal capacity to contract and wishing to make a purchase via the website www.maglone.com (hereinafter referred to as “the Website”), hereinafter referred to as “the Customer“.
Dicydence and the Client are collectively referred to as the “Parts”.
The purpose of these T & Cs is to define the rights and obligations of the Parts to the distance sales contract between the company Dicydence and any Customer ordering products through the Site.
The T & Cs specify in particular the various steps necessary for the order to be placed by the customer, the terms of payment and delivery, and specify the follow-up of the Customer’s order.
Any order validation through the Site entails full acceptance of the T & Cs.
No particular condition other than those of Dicydence can prevail over these GTC. Any contrary clause will be deemed unenforceable.
The prices of the products applied are those indicated on the Website and confirmed to the Customer during the validation of the order.
Product prices are indicated in euros or dollars, all taxes included for mainland France, excluding delivery costs ; it being specified that the value added tax is that in force in mainland France on the day of the validation of the order, which remains the responsibility of the Customer.
In addition, Dicydence has chosen to sell its products at identical prices all over the world. The prices indicated on the Site are exclusive of tax for any delivery outside mainland France. Value added tax (VAT) in France is therefore not applied and therefore cannot be refunded following a delivery to any country in which there is no export tax.
The delivery costs are mentioned separately to the Customer, before payment and depend on the delivery option chosen on the “delivery” page, on the nature and weight of the product ordered. Delivery costs are therefore invoiced in addition to the price of the product (s) ordered.
Dicydence wishes to draw the Customer’s attention to the fact that, for all products delivered outside the European Union and outside French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may exist, in the insofar as the Customer is an importer of the products. These duties and taxes will be the sole responsibility of the Customer and their sole responsibility, whether they are declarations or payments to the organizations and / or authorities concerned in the country of importation.
Dicydence reserves the right to modify its prices during the year at any time. It is nevertheless specified that the prices invoiced will correspond to the prices in force at the time of the Customer’s order.
If an incorrect and / or obviously derisory price (low price) is displayed, for whatever reason (computer bug, manual error, technical error), Dicydence reserves the right to cancel the order, after have informed the Customer as soon as possible.
Before placing an order, the Customer selects the desired product (s), the essential characteristics of which (product name, price, quantity, color, characteristics) are displayed on the Site.
The Customer materializes his order by completing the following six steps :
Step 1 : After having selected the model and the desired color of the product, the Customer adds the products to his basket. Access to the basket is possible at any time to modify or validate it. The basket informs the Customer of the model and the number of products it contains.
Step 2 : The Customer checks the details of his basket and validates it after choosing his delivery method (standard or express).
The total amount including tax of the order contains only the amount corresponding to the prices of the products.
Delivery costs will be indicated later during the order validation process.
Step 3 : the Customer must then create a customer account by entering certain mandatory identification data marked with an asterisk (*) to allow Dicydence to perform the service; it being specified that unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.
Step 4 : To validate the order, the Customer must have read and expressly accepted the T & Cs in force by checking a box on the Site
Step 5 : the Customer must then choose his delivery method, it being specified that the delivery costs may vary depending on the product (s) selected, their quantities and the delivery country selected by the Customer.
The Customer is then redirected to a secure online payment site where he can enter his bank details to proceed with the payment of the price and delivery costs.
Step 6 : Acceptance of the order is materialized by sending an order confirmation email to the Customer containing the summary of his order. This confirmation email will contain a copy of the T & Cs in force on the day of the order, which it will be up to the Customer to keep.
The price of the products purchased is payable in cash, in full on the day the order is placed by the Customer.
Payment is made online, in euros, by credit card only. The following credit cards are accepted: credit card, visa, Mastercard.
The Customer must enter his credit card number, its validity date as well as the three numbers of the visual cryptogram on the back of his card.
The Customer’s bank account corresponding to the credit card used for payment is debited on the day the order is confirmed by Dicydence.
All payments made on the Site are made through the secure and protected Stripe payment system, 7 days a week, 24 hours a day.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
In the event of payment failure or authorization refusal, the Customer will be redirected on the site to a screen indicating the refusal of payment.
In the event of a default in payment, an incorrect address or the bank details provided suspect, one or more abnormal orders with regard to the quantities ordered, or existing dispute (s) with the Customer, on the Customer’s account, Dicydence.reserves the right to block the Customer’s order until the information necessary to resolve the problem has been obtained and verified.
All orders placed through the Site will be shipped by Dicydence in mainland France, and under specific conditions worldwide.
Product offers are valid as long as they are visible on the Site and while stocks last.
For all orders to be delivered in France, Europe and abroad, the carrier used is La Poste (Chronopost and Colissimo).
All orders are delivered to the delivery address mentioned at the time of the order or by default to the billing address. In the event of an error on the part of the Customer when communicating their data or insufficient information, resulting in a return of the product by the carrier, it will be reshipped at its expense.
In case of absence, the Customer can choose a new delivery date, making it available at a relay point or at the post office nearby.
When an international delivery (and more particularly in a country with customs duties) is refused by the Customer with our carrier, Dicydence reserves the right to invoice the return costs to the Customer as well as the customs costs ( for the return of the product to its country of origin). The amount of these costs will be directly deducted when refunding the order to the Customer.
Delivery is free from 100 ⏠(Euros) purchase. This offer includes the processing, packaging, shipping, delivery and tracking of your order.
For orders of less than 100 ⏠(Euros) of purchase, delivery is chargeable.
All orders placed by requesting express delivery are chargeable.
The delivery time mentioned in the order summary corresponds to the shipping time indicated on the Site to which is added the processing and delivery time necessary for Dicydence.
In the event of a shipment delay, Dicydence will send an email to the Customer to inform him. The Customer has the option of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code.
For any questions or in the event of a problem regarding the delivery of the products, the Customer can contact Dicydence Customer Service at the following address: contact@maglone.ovh3.siteo.com
It is the Customer’s responsibility to ensure, upon receipt of the products, that they comply with the order.
o Any anomaly concerning the delivery such as:
o Damaged package,
o Missing products,
o Deteriorated products,
o Products not in accordance with the order,
Must be notified within the legal time limits following receipt of the order by registered letter or by email to the following address : contact@maglone.com
In the event of non-compliance, the Customer makes a complaint by email or registered letter in order to obtain a free “return slip”.The non-compliant item should be returned to the following address:
Maglone-Dicydence
60, rue des Batignolles 75017 PARIS – FRANCE
To obtain a free return slip, you can write to contact@maglone.com.
You will be provided with a printable voucher. You will then have to print it, stick it on the package and drop it off in a Post office.
Free returns only concern shipments to mainland France.
Any shipment made by the Customer himself, without going through the return request process described, will not give rise to refunds of delivery costs. These will therefore be the responsibility of the Customer.
The Customer should take care of the packaging and protect the product well so that it is not damaged during transport.
The product must not have been worn and / or used and / or soiled and / or deteriorated and / or damaged and must be returned in its original packaging.
It must be accompanied by the invoice.
In accordance with article L221-18 of the Consumer Code, the Customer, as a consumer, has a period of 14 days from receipt of the items ordered to exercise his right of withdrawal without having to justify reasons. nor to pay penalties.
To return the product, the Customer must send an email to the following address: contact@maglone.ovh3.siteo.com
The email must contain the following:
Dicydence will immediately acknowledge receipt by email to the Customer of his request for withdrawal and will address the terms and cost of the return. You will be provided with a printable voucher. You will then have to print it, stick it on the parcel and drop it off in a “La Poste” shop.
Free returns only concern shipments to mainland France.
Any shipment made by the Customer himself, without going through the return request process described, will not give rise to refunds of delivery costs. These will therefore be the responsibility of the Customer.
Any returned product must be new, unused, and if applicable in their original box. Consequently, any product returned by the Customer worn and / or used and / or soiled and / or deteriorated and / or damaged or which has been made unfit for sale will not be taken back by Dicydence. Upon receipt, Dicydence will assess the condition of the returned product (s).
In case of refusal by Dicydence of the return for the reasons set out above, the product (s) will then be returned at the Customer’s expense without the latter being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of its warranty rights on the products sold.
All products sold by Dicydence benefit from the legal guarantee of conformity provided for by articles L217-4 and following of the Consumer Code and the legal guarantee provided for by articles 1641 and following of the Civil Code.
However, any warranty is excluded in the event of misuse, negligence, or lack of maintenance, normal wear and tear of the product on the part of the Customer.
Dicydence would like to remind you that as a consumer, the Customer who decides to act as a legal guarantee of conformity:
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, in accordance with article 1644 of the Civil Code, he can choose between the resolution of sale or price reduction.
Article L217-4 of the Consumer Code:
âThe seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. “
Article L217-7 of the Consumer Code:
“The lack of conformity which appears within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. “
Article L217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. “
Article L217-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. “
The Customer may ask Dicydence:
This refund will be made within 15 (fifteen) days of receipt by Dicydence of the returned product, by crediting the Customer’s bank account used to pay for the order. The cost of returning the product ordered and delivered to the Customer, as well as the possible delivery of another product will be borne by Dicydence.
Free returns only concern shipments from mainland France. In any case, these provisions do not deprive the Customer of the possibility of exercising his right of withdrawal, as provided for in Article 6.
The consumer may decide to invoke the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code.
In this case, the consumer can choose between the cancellation of the sale and a reduction in the sale price, in accordance with article 1644 of the Civil Code.
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 would not have acquired it, or would have given a lower price, if he had known them â.
Article 1644 of the Civil Code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. “
In any case, these provisions do not deprive the Customer of the possibility of exercising his right of withdrawal, as provided for in Article 6.
The products remain the property of Dicydence until full receipt of the main price and interest, if any, by it. Failure to pay may result in the products being claimed by Dicydence.
The transfer of the risks of loss and deterioration of the products as well as the damage they could cause will be carried out from the receipt of the products by the Customer.
For any information, question or complaint, Dicydence Customer Service is available to the Customer by email at the following address: contact@maglone.com
Dicydence is the exclusive owner (and / or has obtained the required authorizations) of all intellectual property rights relating to both the structure and the content of the Site, in particular and without exhaustiveness, all texts, images, logos, brands, content, graphics. , graphics, audio or video films, soundtracks, photos, computer graphics, software, data and databases.
The total or partial reproduction of one of these elements, by any means whatsoever, on any medium whatsoever and for any reason whatsoever, without the prior and express written consent of Dicydence is strictly prohibited.
Any unauthorized use of the elements appearing on the Site may constitute a violation of the regulations or legislation relating to intellectual property rights, and in particular copyright, trademark and design rights or any other legislation. applicable, and is liable to the penalties provided for by law.
Dicydence cannot be held responsible for any impediment or delay in the performance of its obligations due to the occurrence of an unforeseeable, external, insurmountable and out of control case of force majeure.
In such a case, Dicydence undertakes to notify the Customer as soon as possible in order to make a decision on whether to continue the performance of its contractual obligations or to cancel and reimburse the order. Failing agreement within three (03) months following the occurrence of the force majeure event, Dicydence undertakes to cancel the order and proceed with the refund.
Dicydence cannot be held responsible for any damage which does not result from a breach of one of its contractual obligations and for any indirect or immaterial damage as a result of the use or exploitation of the products ordered.
It is specified that the equipment (computers, tablets, telephones, software, telecommunications means (…)) allowing access to the Site are the exclusive responsibility of the Customer, as well as the telecommunications costs incurred by their use.
Dicydence undertakes to make its best efforts to secure access and use of the Site in accordance with the rules of Internet usage.
However, Dicydence cannot be held responsible for any direct or indirect damage resulting from an interruption, any malfunction, or any direct or indirect damage which would result, in any way, from the connection of the Site. Online ordering implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption. , and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the Internet.
It is expressly specified that the Site is aimed at consumers and that the products sold are not designed for professional use. Therefore, the Customer agrees that orders made on the Site are not intended for a professional activity.
The photographs, graphics and descriptions of the products presented on the Site are indicative only. The Customer has the option of obtaining additional information by contacting Dicydence Customer Service.
Dicydence makes its best efforts to ensure that the products whose photographs are displayed on the Site are faithful to the original products, even if variations may occur, in particular due to the technical limitations of certain computer equipment. Consequently, Dicydence cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the products appearing on the Site.
Dicydence undertakes to describe the products on the Site with their descriptions and essential characteristics and undertakes to comply with French legal obligations relating to the categories of products sold. Consequently, Dicydence cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered: it is the Customer’s responsibility to check with the authorities of the importing country in order to know if the product there. is authorized.
These CVGs are applicable as long as they appear on the site www.maglone.com.
Dicydence reserves the right to modify them at any time.
The new CVGs will be applicable only to orders placed after this modification.
Last update date of the T & Cs: December 2019
Dicydence’s automatic registration systems are considered to constitute proof of the detail, nature, content and date of the online sales contract as well as the express acceptance of the Customer’s GTC, unless proven otherwise by the latter. .
These general conditions of sale are governed by French law.
In the event of a difference in interpretation of the GTC, the French version will prevail.
The Parties undertake to settle amicably any dispute or dispute that may arise between them due to the formation, interpretation and / or execution of the T & Cs. Failing that, when said difference or dispute cannot be resolved within four (04) months of its occurrence, the Parties undertake to resort exclusively to the Commercial Court of Paris in France.