These General Terms and Conditions (hereafter “GTC”) are offered by Mode Digital (hereinafter “Mode Digital”), a limited liability company with a capital of 3000 Euros, registered at the Corporate and Trade Register of Le Havre under the number 794 028 134, with head office located at 3 Chemin du Moulin - 76930 Octeville sur mer. Phone number 06.84.95.02.57, email address firstname.lastname@example.org and individual VAT identification number FR27794028134.
SECTION 1 - Application and enforceability of the GTC
These Terms apply to any order (s) or pole dance accessory (s) manufactured and distributed by Mode Digital (hereinafter "Products") placed on the website www.naopolewear.com (hereinafter ''the Website”) by the client acting for non-professional purposes (hereinafter “the Client”), from June 30, 2015. No changes to Terms will apply to orders placed before the date of modification.
SECTION 2 - Product orders on the Website
The Products offered for sale are described and presented with the greatest possible accuracy. However, minor variations in the representation of products are not the responsibility of Mode Digital and do not affect the validity of the sale. Mode Digital reserves the right to correct the website's content.
The Customer selects the products he/she wishes to buy, and can change the contents of his/her cart at any time.
After accessing the order summary, the customer confirms acceptance of the order by checking the GTC validation box. Then the contract is validly concluded between the Client and Mode Digital.
The Customer shall pay for his/her order, using one payment solution from the ones proposed. To make the payment, the customer enters the Product (s) delivery details and billing address, if different.
The Customer must make sure that the information provided is correct and remain as such until the complete delivery of the Product (s) ordered (s). The Customer therefore undertakes to inform Mode Digital of any change in billing and / or delivery information that may occur between order and delivery, sending without delay an email to email@example.com. Otherwise, in case of delay and / or delivery error, all costs incurred for the return of the Product (s) will be the responsibility of the Client.
Mode Digital addresses an order confirmation by email to the Client.
SECTION 3 - Price
Prices are listed on the website in the descriptions of products in Euros and include all taxes.
The cost of delivery is calculated based on the delivery location. It is mentioned in addition when placing and order.
SECTION 4 - Delivery
The products offered on the website can be delivered in France, Europe or the United States.
The Client is informed by email when his/her order is ready for shipment. Product (s) ordered is (are) delivered to the shipping address provided by the client when ordering.
SECTION 5 - Right of withdrawal
Without prejudice to legal provisions on product compliance or hidden defects, the Client has a period of 14 days from the receipt of the Product (s) in order to exercise his/her right of withdrawal from Mode Digital without having to give reasons or to pay any penalty.
To exercise his/her right, the client must return at his/her own expense, the product (s) in good condition and with all packing materials, accessories and manuals (even if Product (s) has or have been unwrapped) at the following address: 3 Chemin du Moulin 76930 Octeville sur mer. Client is asked to indicate the reason for return, to help Mode Digital to improve its service.
The refund for the returned Product (s) is made by Mode Digital through bank transfer as soon as possible, and 14 days, at the latest, following the date on which the withdrawal right has been exercised.
SECTION 6 - Customer Service
For any request information, clarification or claim, the Customer must contact, in priority, Mode Digital customer service, to enable the latter to try to find a friendly agreement. Mode Digital customer service is available from Monday to Friday from 10:00 to 12:00 and 2:00 p.m. to 5:00 p.m. using the following contact information:
Address: 3 chemin du moulin 76930 Octeville sur mer
SECTION 7 - Liability
Mode Digital implements all necessary measures to ensure quality products supply to client, under optimal conditions. However, Mode Digital shall not incur any liability in respect of any non-performance or improper performance of all or part of the benefits laid down in the contract, which would be due either to the client, to the unpredictable and insurmountable fact of a third party unrelated to the contract or to a force majeure event. More generally, if Mode Digital’s liability was committed, it could not accept in any case to indemnify the customer for consequential damages, whose existence or quantum would not be established by evidence.
Mode Digital ensures the proper functioning of the Website, but cannot in any way guarantee that it will be free of defects or errors or that it will function without interruption. It cannot therefore be held responsible for any kind of damage resulting from the use or the total or partial inability to use the website. Similarly, Mode Digital accepts no liability for the content of third-party Internet sites accessible through hyperlinks that may be shown on the website.
SECTION 8 – Warranties
All items offered through Mode Digital are subjected to the legal security provided by section L211-1 and following of the Code of consumption and to the guarantee of hidden defects provided by sections 1641 and following of the Civil Code.
Clients can inform all reserves or claims for non-compliance or apparent defect of the delivered items by e-mail, via the contact form set on line or by registered mail with acknowledgement of receipt to the following address: Mode Digital - Customer service - 3 Chemin du Moulin 76930 Octeville sur mer.
If the apparent defect or lack of conformity of item is proven, Mode Digital undertakes to proceed to the replacement of the item or to refund the customer as soon as possible and at his/her own expense.
This reimbursement will take place within a maximum period of 14 days.
LEGAL PROVISIONS TO BE REPRODUCED:
When acting in legal guarantee of conformity, consumer enjoys a period of two years from the delivery of the product to act; he/she can choose between repairing or replacing the property, subjected to cost conditions laid down by section L.211 - 9 of the Code of consumption; except for second-hand goods, he/she is exempt from proving the existence of goods’ lack of conformity during the six months following the delivery of the goods, time limit to 24 months from March 18, 2016.
Legal guarantee of conformity applies irrespective of the commercial guarantee eventually consented.
The client can decide to implement the warranty against the hidden defects of the thing sold within section 1641 of the civil Code; in this case, he/she can choose between the cancellation of the sale and the reduction of the selling price in accordance with section 1644 of the Civil Code. He/she has a period of two years from the discovery of the defect.
Adjournment, suspension or interruption of the limitation period may affect the period of extinctive prescription beyond 20 years from the day of beginning of the entitlement.
SECTION 9 – Privacy & intellectual property
In accordance with the Act of January 6th, 1978 related to information technology, files and individual liberties, the Client is informed that the information requested by Mode Digital in the use of the Website is mandatory to enable Mode Digital to process and execute orders placed on the Website. Customer has a right to oppose, access, rectify and delete personal data that he/she can exercise under the conditions provided by law by sending an email to Mode Digital at the address firstname.lastname@example.org, specifying his/her name and e-mail address.
With the express authorization of the Client, Mode Digital may send him/her commercial information regarding the company, its products and its services.
Any information about the Client will not be transmitted to third parties, except to Mode Digital service providers for the sole purpose of running commands and within the limits of the information strictly necessary for it.
Mode Digital owns or holds the rights of use of all intellectual property rights related to the website. Any reproduction, representation, transmission, modification or adaptation of any part of the website, on any medium whatsoever, by any means whatsoever, is strictly prohibited without the prior written consent of Mode Digital or the holder of the intellectual property rights concerned.
SECTION 10 - Applicable law
These Terms and Conditions are subjected to French law. Only French courts are competent to know their interpretation or their execution.