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This website offers the sale of aquarist products, by mail order. It is the property of Mr Benoît Lo Cascio, who resides in Belgentier. Company Registration Number: 524 988 318 000 19
Any order of a product appearing in the www.daphbio.com online store implies acceptance of these General Terms and Conditions. Consequently, the customer acknowledges being fully aware that his or her consent to the content of these General Terms and Conditions does not require the handwritten signature of this document.
Article 1: Entire agreement
The present General Terms and Conditions express the rights and obligations of the parties in their entirety. In this sense, the customer is deemed to have unreservedly accepted all of the provisions set out in these General Terms and Conditions. No general or specific condition appearing in the documents sent or furnished by the customer may be incorporated herein, if such documents prove to be incompatible with these General Terms and Conditions.
Article 2: Order confirmation
Contractual information will be confirmed by email at the latest at the time of delivery or else sent to the address provided by the customer on the order form. We reserve the right to cancel orders in the case of one or more incorrect details. Moreover, by validating an order, the customer gives his or her informed consent and unreservedly accepts the prices, volumes and quantities ordered.
Article 3: Proof of transaction
The computerised registers, saved in the company’s computer systems under reasonably secure conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable support that may be produced as proof.
Article 4: Product information
The website displays the products for sale with the necessary characteristics in compliance with Article L 111-1 of the French Consumer Code, which provides for the essential characteristics of the products to be displayed so that potential customers are informed of these when the final order is placed. Offers shown for products in stock are valid only within the limit of available stock and, for products that are not in stock, within the limit of suppliers’ availability, which is beyond our control. Photographs, drawings, diagrams or videos illustrating the products are not included in the scope of the contract. We cannot be held liable for errors that do not affect product’s substantial characteristics.
Article 5: Price
Prices are shown in euros and are valid only on the date the customer sends the order form. They include delivery costs. Prices are subject to change at any time without notice. All prices on the website are shown inclusive of VAT. Payment of the price in full must be made when ordering. At no time may the sums paid be considered as a deposit or advance payment. Final prices and discounts are rounded off to two decimal places and provided for information only. In the case of identical products offered by other retailers, we do not refund the difference. Vouchers or discount codes cannot be combined or used in conjunction with other special offers and cannot be refunded. Furthermore, under no circumstances will any promotion or discount made after the order has been placed entitle the customer to any reimbursement whatsoever.
Article 6: Payment method
The customer may use any of the payment methods listed in the order form to pay for the order. The customer guarantees that he or she is authorised to use the payment method chosen when validating the order. The company reserves the right to suspend the processing of any order and its delivery in the event of officially accredited bodies refusing to authorise payment by bank card or in the event of non-payment.
The company also reserves the right to verify that the bank details of another person are not being used unbeknownst to this third party. In this regard, the customer may be asked to send proof of identity and of residence. The order will be validated only upon receipt and verification of the items sent. Moreover, all payments must reach us within seven working days of the order.
Article 7: Non-payment and delays
The company reserves the right to refuse and cancel any order from a customer who has not paid for a previous order in full, with whom a payment dispute is in progress or who has previously paid an invoice late. Moreover, all payments must reach us within seven working days of the order. After this period, any order that has not yet been dispatched will be cancelled, and late penalties of 8% may apply for an order already dispatched.
Article 8: Product availability
The times indicated on the site are average times for dispatch on working days, provided as a guide depending on the availability of the items. In no case will exceeding this time limit result in the cancellation of the order, which will be executed at the latest within thirty days of the day after the order was made. In the event of an ordered product’s unavailability, in particular because of our suppliers, the customer will be informed as soon as possible and will be able to cancel his or her order. The customer will then be able to request either a refund of the sums paid within 30 days at the latest following payment or an exchange of the product. Furthermore, under no circumstances will a delay in delivery give rise to damages. We reserve the right to cancel all or part of an order if the relevant products are not available from our suppliers within a reasonable time period.
Article 9: Delivery charges
We cannot be held liable for the delivery times of the carrier. The products are delivered to the address entered by the customer on the order form. If the customer so requests when making the order, the invoice may be sent to the billing address and not to the delivery address. As soon as we proceed with a dispatch, the customer is informed by email immediately.
Article 10: Transport and delivery
Article 10.1: Carrier
We choose the mode of transport ourselves. Generally, products are shipped by Chronopost Point Relais or Chronopost 18h in France, and by FedEx abroad.
Article 10.2: Late deliveries
Delivery times are communicated to us by the carriers. Unfortunately, we cannot guarantee delivery times because they are beyond our control.
In case of late delivery by La Poste of eight working days from the dispatch date, we would ask customers to check with their local post office if the package has arrived and then to contact us by email if necessary.
We will ask La Poste to open an inquiry which may take up to twenty-one working days from the date of initiation (sent by post). If, during this period, the product is retrieved, it will be forwarded to the delivery address as soon as possible.
If the merchandise is not retrieved and is declared lost by La Poste, we will replace or refund the order.
When using Colissimo tracking, the reimbursement or replacement may not exceed the compensation paid by La Poste. As the package is delivered without requiring a signature, any package declared delivered by La Poste will be considered as such and no replacement or compensation may be claimed.
In the case of a package returned due to an incorrect address or a package unclaimed after more than ten days, the customer will be obliged to pay the new dispatch costs.
Article 10.3: Receiving an order
NB: All goods are transported at the buyer’s risk. It is the customer’s responsibility to check the condition of the goods on receipt.
In the event of a delivery by La Poste, if the package arrives open and/or damaged (in particular if the white and yellow La Poste tape is broken), the customer may refuse to accept it.
- If the customer or the customer’s agent decides to accept the goods, he or she should:
- enter a detailed description of the defect(s) found by hand; and
- at the same time, fill in a “declaration of irregularity” form as per the La Poste regulations. This form should be sent to us so that we can open an inquiry and start compensation proceedings, if necessary.
- If the customer or his or her agent prefers to refuse the goods, the package must be returned to us by the same carrier accompanied by a “spoliation report” (170 report) in addition to a “detailed description of the defect(s)”. As a precautionary measure, we would advise customers to keep a copy of this form.
Regardless of whether it is accepted or not, when an open and/or damaged package is delivered by other carriers, the customer must write a “detailed description of the defect(s)” on the delivery slip and inform us by email, and the carrier (by registered mail), within three working days of the delivery.
Some carriers may be required to perform a home-based inspection in order to ascertain the condition of the package delivered before it is collected and, if necessary, redirected to our after-sales service, accompanied by an incident notice.
NB: Any package accepted by the buyer without a detailed description of the defect(s) on the carrier’s delivery slip and a spoliation report will be considered as an acknowledgement of receipt of proper delivery and receipt of goods delivered. In this case, the company and the carrier will be discharged of all liability, and no claim will be recognised, regardless of the method of dispatch.
Article 11: Delivery errors
On the day of delivery or at the latest on the first working day after delivery, the customer must make any claim of delivery error and/or non-compliance of the products in kind or in quality with respect to the indications on the order form. Any claim made after this period will be rejected.
The company cannot be held liable towards the customer for any claim not made within the rules and within the time limits specified above.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be the subject of a return agreement.
The information provided by the buyer when the order is taken is binding on the buyer: in the event of an error in the recipient’s details, the seller cannot be held liable for not being able to deliver the product and the customer shall be liable for any new dispatch costs.
Article 12: Right of withdrawal
The customer has fourteen clear days to return products not deemed suitable at his or her own expense. This period starts from the day of receipt of the order. Only products that have been agreed upon in advance and returned in their entirety, in their full and intact original packaging and in perfect condition for resale, will be accepted. No refunds or exchanges will be authorised for damaged products or those whose original packaging has been damaged. This right of withdrawal is exercised without penalty, except for the return costs. In the event of the exercise of the right of withdrawal, the customer may request either a refund of the sums paid or an exchange of the product. In the case of an exchange, the customer will be liable for the return costs. In case of exercising the right of withdrawal, we will make every effort to reimburse the customer within fifteen days. However, in view of the technical nature of the products sold, this period may be extended to thirty days, in particular when the product requires a technical check (this concerns products that need to be tested beforehand). The customer will then be refunded by cheque. Items in blister packaging must not have been unsealed.
Article 13: Returns
Any return under the right of withdrawal or the guarantee must be agreed in advance. Please note that the customer will be held liable for any package that he or she may send. It is therefore the customer’s responsibility to make sure that the items are properly packed. Likewise, in the event of a dispute, only the sender is in a position to make an inquiry with the postal services. Upon receipt, we will check the condition of the returned product and the reason for return. If the return is based on an invalid reason, it will be rejected and the product sent back to the customer at his or her expense.
Article 14: Force majeure
Daphbio will be released from all or part of its obligations without being able to claim damages if fortuitous events or force majeure prevent or delay the manufacture or dispatch of the products.
Similarly, Daphbio cannot be held liable for any inconvenience or damage arising from the use of the Internet, in particular a service rupture, hacking or the presence of viruses.
Article 15: Partial non-validation
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by application of a law, a regulation or following a final judgement of the relevant court, the others will retain their full force and scope.
Article 16: Retention of title clause
Any payment incident will entitle Daphbio to suspend the execution of all of the customer’s ongoing orders without any entitlement to damages. The buyer will reimburse all costs incurred in recovering unpaid amounts, including a lump-sum indemnity of 8% of the sums due. When the products sold are not fully paid for upon delivery, Daphbio is the owner until full payment is received. Consequently, the buyer is strictly prohibited, under penalty of damages, from selling the products, pawning them or disposing of them in any way whatsoever that benefits a third party, before full payment of the sums due. These provisions do not prevent the transfer to the buyer of the risks of loss and deterioration of the goods sold as well as any damage they may cause. In case of non-payment eight days after a formal notice sent by registered letter with acknowledgement of receipt, the sale will be cancelled automatically and Daphbio may request that the products be returned. Any customer with products in his or her possession that have not been fully paid for undertakes to maintain them in perfect condition. Moreover, any unpaid invoices will invariably be subject to legal proceedings.
Article 17: Intellectual Property
Daphbio is the exclusive owner and reserves the rights to all texts, comments, illustrations and images reproduced on the www.daphbio.fr website. The above are protected under copyright and intellectual property law. Consequently, the elements or documents referred to above may only be used for strictly private purposes.
Article 18: Applicable law
The present General Terms and Conditions are subject to French law. The same is true for basic rules and rules governing their form. In the event of a dispute or complaint, the customer will first contact Daphbio to find an amicable solution. Any dispute relating to the contract will be subject to the jurisdiction of the courts of Toulon, in France.
Article 19: Data processing
The information requested from the customer is necessary to process the order and may be communicated to any of the company’s contractual partners who are involved in the execution of the order. The customer may write to Mr Lo Cascio Benoît to object to such communication or to exercise his or her rights of access, rectification and correction with regard to the information concerning him or her and appearing in the company’s files under the conditions provided for by the French Act of 6 January 1978.
