GTC
Sofrade SA – Marketing company of DEVERNOIS SA - is a public limited company with capital of €3,200,000 whose registered office is located at LE COTEAU, 13 Boulevard des Etines, and registered with the Trade and Companies Register of Roanne under the number SIREN: 321 736 324 NAF 4771Z, Intra-community VAT number: FR79 405 880 485. These general conditions of sale apply exclusively between the company Sofrade SA and any person making a purchase via the site www.devernois.fr
I. Applications of the general conditions of sale
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with Sofrade SA by any person (the "Customer").
The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the Site.
Sofrade SA reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the site www.devernois.fr at the time of the Order. Consequently, the fact of placing an Order requires the prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I have read and I accept the general conditions of sale"
II. Site Information and Site Accessibility
devernois.fr is an e-commerce site owned and managed by Sofrade SA
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Sofrade SA or its service providers, for the purposes of its maintenance and/or security or in case of force. major (as defined below). Sofrade SA cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Sofrade SA does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. Sofrade SAne cannot be held responsible for problems with data transmission, connection or unavailability of the network either.
Sofrade SA reserves the right to change the Site, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.
III. Registration on the site
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Client's registration on the Site is validated by Sofrade SA after verification of the standard form completed by the Client. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Sofrade SA cannot be held responsible for the impossibility of delivering the Products.
In order to allow easier and faster registration or connection to the Site, the Customer has the option of automatically pre-filling the registration form using the “Facebook Connect” option.
To find out more about the protection of personal data during their collection, processing and use, as well as the rights and optional settings to protect their privacy, the Customer can consult Facebook's privacy policies on the website www.facebook. com.
By registering on the Site, the Customer declares and guarantees to Sofrade SA that he is of legal age and has the legal capacity to contract.
Sofrade SA may delete the Client's Account at any time, for any reason, at its sole discretion.
IV. Products
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Sofrade SA. In this respect, Sofrade SA cannot be held responsible for the cancellation of an Order of a Product due to stock depletion.
Sofrade SA takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Sofrade SA does not guarantee the accuracy or the security of the information transmitted or obtained by means of the Site.
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that Sofrade SA only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
V. Orders
An order is only final when it is confirmed by the payment of the price by the buyer.
For each product selected on the devernois.fr website, a summary page will be displayed automatically, showing the photo of the item, its colours, the quantity chosen, its unit price and the total price of your order. You must carefully check the accuracy of your selection before confirming your order. Upon confirmation, your order will be sent to devernois.fr services for processing. While every effort is made to ensure that the color and pattern of Devernois products whose photos are displayed on the devernois.fr website are faithful to the original products, variations may occur, in particular due to technical limitations in color rendering on your computer equipment. Consequently, devernois.fr services cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of Devernois products appearing on devernois.fr services. If you have any questions about the products, you can of course contact our Customer Service by clicking on the "Contact" link or on the address serviceclient@devernois.fr and indicating the subject of your request.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Sofrade SA To this end, the Customer formally accepts the use of email to confirmation by Sofrade SA of the content of its Order. Invoices are available in the "my account" section of the Site.
VI. Refusal to process an order
Sofrade SA reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite Sofrade SA's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Sofrade SA cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order. after sending the confirmation email summarizing the Order.
Sofrade SA also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
VII. Price and terms of payment
7.1. Payment
Members can order on the website www.devernois.fr
Customers guarantee that they are fully authorized to use the bank card and that this bank card gives access to sufficient funds to cover all costs resulting from the use of devernois.fr services. Only persons legally capable of signing contracts concerning the goods and services offered on the site can order on the devernois.fr site.
By checking the box "I have read and I accept the general conditions of sale" during the ordering process, the customer declares to fully and unreservedly accept all of these General Conditions of Sale.
The data recorded by devernois.fr constitutes proof of all transactions between Sofrade SA and its customers. Sofrade SA will systematically confirm your order and then its dispatch by email.
The prices of our products are indicated inclusive of all taxes, excluding delivery costs.
For deliveries and services outside French territory, the provisions of the General Tax Code relating to VAT will apply. The devernois.fr site will only accept payments and deliveries made in mainland France, Corsica, Belgium, Luxembourg, Germany, Italy and the Netherlands.
Sofrade SA reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the orders are recorded (subject to availability).
Any order placed on our site must correspond to the normal needs of a household.
Despite our best efforts, it is possible that a limited number of items on our site contain a price error. Rest assured that we verify the prices when sending your packages. If the corrected price is lower than the price displayed on devernois.fr services, we will apply the lowest price and send you your items as agreed. If the corrected price is higher than the displayed price, we will notify you and cancel your order unless you accept your order at the new price.
7.2. Loyalty offers
- -10% on your first purchase: offer valid only once with no minimum purchase, in store upon presentation of the e-mail or SMS or on the e-shop. Cannot be combined with current promotions. The promotional code can only be used once and cannot be redeemed in cash. Offer valid for 30 days.
- A gift offered from 200€ of purchase: a gift offered to our new customers from 200€ of purchase. Offer valid only once, on the e-shop or in store upon presentation of the email or SMS. Offer valid for 30 days.
- 10€ voucher offered: offer valid only once with no minimum purchase, in store upon presentation of the e-mail or SMS, or on the e-shop. Cannot be combined with current promotions. Offer valid for 30 days. The promotional code can only be used once and cannot be redeemed in cash.
- -20% on the favorite item: offer valid only once with no minimum purchase, on the most expensive item. In store on presentation of the e-mail or SMS, or on the e-shop. Cannot be combined with current promotions. Offer valid for 30 days. The promotional code can only be used once and cannot be redeemed in cash.
- Happy birthday - €40 voucher: offer valid only once, in store upon presentation of the e-mail or text message or on the e-shop. Cannot be combined with current promotions and end of season prices. Offer valid for 30 days. The promotional code can only be used once per person (unique name, address and telephone number) and per year and cannot be subject to any cash consideration.
VIII. Delivery
Deliveries extend to France, Corsica, Monaco, Belgium, Luxembourg, Germany, Italy, the Netherlands and Spain.
The delivery time is fixed between 2 and 7 working days except when more precise times are visible at the time of the choice of the product from the day following the payment of the order. These times also vary by destination and do not include holidays and weekends.
Any order placed on the Site from Monday to Thursday before 2 p.m. will be processed the same day; after 2 p.m., it will be processed the following day. Any order placed on Friday after 10 a.m., on Saturday and Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed the following working day.
In case of exceeding the delivery time, not justified by a case of force majeure, we undertake to contact you quickly in order to agree on an arrangement together.
The Customer may request the resolution of the sale and obtain within a maximum period of 30 (thirty) days the reimbursement of the sums paid at the time of the sale.
For orders outside France, when the package intended for export reaches its destination, it will be the recipient's responsibility to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide you with useful information.
All our deliveries are announced by email with the parcel tracking number.
In the event of absence at the delivery address that you have indicated to us, a transit advice note will be left in the mailbox: it is then possible to collect the package from the nearest relay (at the carrier's choice) at from 2 p.m. This is then indicated on your notice of passage.
In order to optimize the delivery, we thank the member for mentioning an address to which the order can be delivered during working hours.
Delivery costs are offered in metropolitan France, Corsica, Monaco, Belgium, Luxembourg, Germany, Italy, Spain and the Netherlands.
If the products delivered do not conform in kind or in quality with respect to the specifications indicated in the delivery note, the member must, under penalty of forfeiture, formulate his complaints within thirty calendar days after delivery.
In the event of delay, breakage or missing items, the member can contact our Customer Relations Department using the contact form on the devernois.fr website, specifying the subject corresponding to their request.
IX. Right of withdrawal - Refunds and Returns
9.1. Deadline and procedures for exercising the right of withdrawal
All products sold benefit from the “satisfied or refunded” clause for 14 calendar days from the date of delivery in accordance with the provisions of the Consumer Code, article L.221-18, unless otherwise specified during the days of sale.
Prior to any return, the member must indicate his intention by means of the contact form, on the devernois.fr website, specifying the subject "Withdrawal".
Returns will be made to the following address, unless otherwise specified:
DEVERNOIS SA - Returns e-shop - 13 boulevard des Etines, CS 40009 - 42124 LE COTEAU CEDEX, FRANCE
The customer exercises his right of withdrawal in accordance with article L.221-18 of the Consumer Code within 14 calendar days from receipt of the goods. This right is exercised by returning the product to devernois.fr, only the shipping costs remaining the responsibility of the customer. Reimbursement to the customer's bank will be made within 30 days of receipt of the goods by devernois.fr, following the exercise of the right of withdrawal.
The right of withdrawal is also exercised from the order and before delivery. In this case, a refund to the customer's bank is made within 30 days of exercising the right of withdrawal. Following this request, the speed with which the bank account is credited depends on the type of customer's bank card: in the case of an immediate debit card, the current account is credited within 3 to 8 days depending on the bank; in the case of a deferred debit card, the credit appears under the same conditions as those for usual debits on the card account and not on the current account. If this reimbursement is longer, it is strongly recommended that the customer contact their bank.
If the right of withdrawal is exercised between the date of departure of the products from the warehouses of devernois.fr and that of the delivery of the goods to the customer, the return costs will remain the responsibility of the customer.
This right of withdrawal can never come into play if the products delivered have obviously been used for a long time (beyond a few minutes). The products must imperatively be returned correctly protected, in their original packaging, in perfect condition for resale (undamaged, damaged or soiled by the customer) accompanied by all possible accessories, instructions for use and documentation to the above address. indicated, accompanied by the original of the sales invoice, of which the member will keep a copy. Also cannot be taken back, packages for which no attached element allows the sender to be identified (order number, surname, first name, address).
The costs and risks associated with returning the product are the responsibility of the sender.
The return of the products will give rise to a refund equal to the purchase price of the product(s) purchased. The refund therefore does not include any delivery costs.
As soon as the return is processed, devernois.fr sends an email informing you of the amount of the refund.
We will refund in Euros by bank transfer in order to speed up the processing of refunds.
No return shipment against reimbursement will be accepted, whatever the reason.
In accordance with article L.221-18 and following of the Consumer Code, you have a period of 14 calendar days from the date of delivery of your order, to return any item that does not suit you, in its original packaging and in good condition, suitable for its re-marketing and request an exchange or refund without penalty. You therefore have a period of 30 calendar days to inform us that you wish to withdraw so that our customer service department can assign you a return agreement.
PLEASE NOTE : No withdrawal will be accepted if the returned product is unfit for re-marketing. Therefore: the product must imperatively be returned in perfect condition, in its original packaging, unopened, unsealed, undamaged, unmarked, etc. The product must be accompanied by all its accessories (belts, scarves, etc.). Otherwise, the product will be returned to you at your expense.
9.2. Terms of return of the Order under the right of withdrawal
Any product return must be the subject of a formal agreement between the seller and the purchaser.
All products sold benefit from the “satisfied or refunded” clause for 30 calendar days from the date of delivery in accordance with the provisions of the Consumer Code, article L.221-18.
To return a product and obtain a refund, simply fill in the return form attached to your package. Returns being offered, a return label can be downloaded from your customer account. All you have to do is print it and affix it to the packaging of your return, then drop it off at the post office.
The right of return can only be accepted for complete products, in their original state (packaging, accessories, etc.) with a copy of the purchase invoice. Items returned incomplete, damaged, damaged or soiled by the member are not taken back.
Any DEVERNOIS product purchased (or received as a gift) on the devernois.fr website can only be refunded to the bank card used for the initial payment.
In the event of the delivery of an item that does not comply with your order or is damaged during transport, we undertake to replace the product(s). The request must be mentioned on our Customer Service by clicking on the "Contact" link. You have a period of 30 days from the date of receipt of the order to send us your complaint. Any claim made after this time will be rejected.
You must return the item(s) to us (at our expense in the form of a credit note) within 15 working days of the date on which we confirmed its replacement. (The postmark being authentic)
After having received and validated the return of the package, we undertake to make you an exchange or a credit note within a maximum period of 7 working days according to your choice.
PLEASE NOTE : upon receipt, our services will check the conformity of the returned products according to their reason for return. If the returned product is not compliant, it will be refused by our services and reshipped at your expense.
In the event of non-compliance with your obligation to return the product(s) damaged or non-compliant with your order within the said period of 15 working days, we reserve the right to retain the amount due. for the order(s).
In the event of a stock shortage concerning one or more products in your order, we will contact you using the "Personal Information" that you have provided to us. We undertake to issue you a refund or a credit note for the devernois.fr services. This credit note will be valid within 6 months from the date we contact you (eg contact on December 30, 2007 / credit note valid until December 30, 2008). The credit note will also be valid on products promoted on the site.
In the event of an order benefiting from an exceptional discount valid from a certain number of pieces, we reserve the right to cancel this discount if the number of pieces kept does not allow it to benefit from it. For example, if you benefit from a 10% discount from two items purchased but you return one of the parts to us, the discount no longer applies to the part kept and the refund will be adjusted accordingly.
X. Processing of packages not delivered by the service provider
These are packages that have not been delivered to the final recipient for the following reasons: NPAI, unclaimed, refused, transport damage, spoliation, etc.
If the debit has already occurred at the time of the information given on the unavailability of the product, a request for reimbursement of the sums incurred is made: an email is then sent to the member on this subject. Following this request, the speed with which the bank account is credited depends on the type of customer's bank card: in the case of an immediate debit card, the current account is credited within 3 to 8 days depending on the bank; in the case of a deferred debit card, the credit appears under the same conditions as those for usual debits on the card account and not on the current account. If this reimbursement is longer, it is strongly recommended that the customer contact their bank.
10.1. Returns under the NPAI pattern
These are the packages returned by the service provider responsible for the delivery under the mention Does not live at the Address Indicated.
In the case of a return for this reason, we will suggest, after checking your contact details, to send you the order again.
10.2. Returns under the reason "unclaimed"
These are parcels that have not been claimed within 10 working days at the relay points.
In the case of a return for this reason and depending on the nature of the product, the available stocks and according to your wishes, we will propose to you, after checking your contact details, to send you the order again.
10.3. Returns under the reason "refused"
You refused the package upon delivery.
In the case of a return for this reason, we will contact you to find out the reasons for your refusal. The request will be handled on a case-by-case basis.
If at the time of delivery, the original packaging is damaged, torn, opened, you must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). Upon receipt of your package and depending on the nature of the product, available stocks and according to your wishes, we will offer you after checking your contact details, to send you the order again.
10.4. Returns under the reason "spoliation"
These are packages that have not been delivered to the customer due to spoliation: open packages, traces of shocks, empty packages, etc.
In the case of a return for this reason and depending on the nature of the product, the available stocks and according to your wishes, we will propose to you, after checking your contact details, to send you the order again.
If the item is no longer available, we will offer you a credit note or a refund for the order.
XI. Complaints or comments
The customer will make his complaints to our Customer Service by email: serviceclient@devernois.fr or by telephone: 04 77 44 21 27
You can of course contact our Customer Service via the "contact" section of the devernois.fr website or by letter: DEVERNOIS SA - 13 boulevard des Etines - CS 40009 - 42124 LE COTEAU CEDEX
Users of our site may send us criticisms, comments or any other requests (requests, suggestions, ideas, questions, etc.) as long as the content is not illegal, obscene, abusive, threatening, defamatory, does not contain computer viruses, commercial solicitations, mass mailings, chains or any other form of “spam”.
You must not impersonate, use a false e-mail address. We reserve the right to remove it, not to follow up on requests for technical reasons (insufficient storage capacity, virus, etc.) or legal reasons (libelous, misleading, racist comments, etc.). The reasons mentioned above are by way of example and should not be interpreted as being exhaustive.
The devernois.fr services cannot guarantee and affirm that the devernois.fr website is free of viruses, data crushing programs, Trojan horses or other destructive material; that the information contained in the devernois.fr site is accurate, complete or up-to-date.
The devernois.fr site may contain technical inaccuracies or other faults and the devernois.fr services do not guarantee the correction of these faults.
XII. Intellectual property
All texts, comments, works, illustrations and images, whether visual or sound, reproduced on the devernois.fr website are protected by copyright, trademark law, patent law and image rights. , for the whole world.
They are the full property of devernois.fr.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Affixing a hypertext link to the devernois.fr site, using the technique known as framing or deep linking, is strictly prohibited.
Any other use constitutes counterfeiting and is sanctioned under Intellectual Property without the prior authorization of devernois.fr.
Any total or partial reproduction of the devernois.fr catalog is strictly prohibited.
XIII. Liability, disputes, applicable law
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, devernois.fr cannot be held liable in the event of an error in one of these photographs or one of these texts.
Devernois.fr cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same is true for any changes to the products resulting from the suppliers.
The responsibility of devernois.fr will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products.
Devernois.fr cannot be held responsible, towards a member or a third party, for any indirect damage, any operating loss, profit or turnover, occurring in any way whatsoever, even if such damage or loss or injury was foreseeable by devernois.fr, or if its occurrence had been brought to its attention.
Without limiting the preceding paragraphs, the liability of devernois.fr under the terms of these general conditions cannot exceed an amount equal to the sums paid or payable during the transaction at the origin of the said liability, whatever the cause or the form of the action concerned.
Devernois.fr cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications. , flood, fire.
In the event of a dispute, the member will first contact devernois.fr to obtain an amicable solution. In accordance with article R.616-1 of the consumer code, a mediator is available to you in the event of a dispute, the contact details of which are as follows:
Master Jean-Francois Rajon
mediator bailiff in Roanne (42)
Failing this, the courts of the plaintiff's region of origin are competent.
These general conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise in connection with its validity, interpretation or execution will be submitted to the Courts of Roanne, to which it is expressly granted exclusive jurisdiction.