1.1. The present Terms and Conditions formalize the execution and the processing of an order sent from the www.delphinemanivet.com website. This establishes a contract between the buyer (defined below in the section 1.2) and the Company AB GRATIA.
1.2. In order to make a purchase on the website www.delphinemanivet.com, you must be a physical person, over 18 years of age, non-trading, and with full mental legal capacity to make a contractual commitment.
1.3. The Client is invited to save a copy.
2.1. This is only applicable to an order placed on www.delphinemanivet.com website and these Terms and Conditions have to be accepted by the Client during the order process.
2.2. By confirming the order, the Client acknowledges that he/she has read and accepted these general sales terms and conditions.
2.3. AB GRATIA Company reserves the right to change the Terms and Conditions at any time by publishing a new version of those on the website www.delphinemanivet.com. The Terms and conditions in effect are those when the order has been placed.
2.4. The items offered on the website www.delphinemanivet.com are available for France, the European countries, the United-States, Canada, Australia and Asia (China, Japan, South Korea, Singapour and Malaysia).
2.5. The present Terms and Conditions are applicable as from the reception of order and remain until the extinction of guarantees and obligations owed by the Company.
3.1. AB GRATIA Company offers for sale the products available on the website www.delphinemanivet.com the day the client visits the website, only within the limit of available product stock.
3.2. AB GRATIA Company is not intended to sell products in significant quantities. Consequently, the Company reserves the right to refuse the orders considered as unfeasible by the company’s suppliers in reasonable times
3.4. The products are described with as much detail as possible but the photographies, the texts provided and posted on the website cannot ensure a complete similarity between the items offered for sale and the products. Consequently the descriptions, presentations and photographies do not enter in the contractual field. If there are some mistakes in products descriptions, the company’s liability may not be invoked.
3.5. The items offered on the website www.delphinemanivet.com comply with current French regulations.
AB GRATIA Company is committed to confirm orders only within the limit of available product stock.
4.1. During your first connection, you may create a customer account to place an order. Then you will be able to log into the website as an existing customer, using your email and password. You must be identified as an existing customer (by means of your email address password) to place an order. Only orders sent on the website www.delphinemanivet.com will be taken into account.
4.2. The client will be able to retrieve its password by clicking on « Lost your password ? » in the customer identification space. The customer account is strictly personal and must not be revealed. It is strongly suggested you maintain the confidentiality of your password.
4.3. When the order is not feasible within the deadlines mentioned on the website (maximum 8 weeks), the customer is directly informed by email and has the possibility to cancel its order or to wait for an additional deadline.
4.4. For every order, you are also required to pay, in addition to the price of the product, a fixed participation fee corresponding at the processing and delivery of your order. This participation is calculated according to the number and to the volume of the order. The summary of your order specifies automatically the price of this participation.
4.5. Any order sent from the website www.delphinemanivet.com is only confirmed once the payment has been verified. Items in your shopping bag are reserved but are not purchased until full payment.
4.6. A confirmation email of the order is automatically sent to the client to acknowledge receipt of the references ordered. It is sent only when the client has confirmed and paid its order.
4.7. AB GRATIA Company cannot be held responsible for the customer’s mistake in the provision of its email address.
4.8. AB GRATIA Company has the right to refuse the order for any legitimate reasons as a payment default, buyer’s account issues or when there is a dispute with the client regarding the payment of a former order.
5.1. The prices including tax*, expressed in euros, are indicated for every reference, as well as the possible discounts, and terms of delivery.
*at the date the website is used. The price including tax of every reference can be modified in case of error, of change of VAT or adjustment of production costs.
5.2. The prices do not include delivery costs. They are mentioned before the order validation, as the ancillary costs, banking fees or any other costs charged to customers.
5.3. AB GRATIA Company reserves the right to change its prices at any time but is committed to apply the applicable tariffs at the moment the order is placed.
5.4. AB GRATIA Company is unable to provide a tax-back service for any online customer.
5.5. Any order placed on the website for a delivery outside the European Union may be subject to custom duties or any taxes at the destination. Customers are themselves responsible for the payment of all the customs fees or local taxes. AB GRATIA SAS is not obliged to verify or inform its customers about custom duties or any taxes. It is the client’s responsibility to enquire about taxes to the competent authorities of the delivery country.
6.1. The buyer may choose several methods of payment provided by AB GRATIA Company and mentioned on the website www.delphinemanivet.com. The customer may purchase online;
- by bank card (Debit card, Visa and MasterCard)
- by bank transfer, the bank details of the Company is notified to the client during the payment process. The client should make the bank transfer within 7 days to confirm the order. The order is confirmed the date on which AB GRATIA receives the deposit.
6.2. To make your payment, the Client will be asked to provide its card number, the expiry date, the name on the card and if necessary, the control number on the back of the card. Depending on the bank, additional information may be required.
6.3. The transaction is immediately debited on the customer credit card after receiving the authorization of the customer’s bank and checking the data. AB GRATIA Company reserves the right to refuse to make a delivery in case of non-payment or in case of observation of fraud.
6.4. AB GRATIA Company implements all the means to ensure the confidentiality and the security of the data transmitted on the website. The payment is made on the CIC bank platform.
6.5. The payment does not require any deposit.
6.7. The property of the product remains to AB GRATIA company until the receipt of the full payment of the invoice’s amount.
7.1. Shipping delivery : The items are delivered to the address specified by customers. In case of an error in the customer’s address, AB GRATIA denies all responsibility for non-delivery. Re-delivery costs will be payable by the Customer.
7.2. Shipment methods : Deliveries for France and European countries are made by the carrier DHL. The available references in stock are sent at the address you indicated within 2 to 5 days as from the reception of order.
Deliveries abroad are made by a carrier such as Fedex, DHL or UPS, depends on the customer’s location. You can choose between a standard or express delivery. The order is delivered within 2 to 6 days from the shipping day.
All the shipment methods are mentioned to customers during the purchase process.
7.3. Delivery times : The delivery times depend on the available stock, the shipment method and the shipment address.
The available items in stock are sent to the customer’s address within 15 days (average depending on countries) as from the reception of order. It takes into account the deadlines to confirm the order, to prepare the parcel and the delivery times.
The articles being manufactured are sent within a maximum of 8 weeks from the order date. A delivery date is indicated upon ordering.
7.4. Delivery costs : The delivery costs depend on the shipment method chosen by the client. The delivery costs amount is mentioned to the client before the validation order process and is included in the total price of the order.
7.5. Delivery delay : AB GRATIA Company denies all responsibility of delays due to the carrier. In case of delays due to the carrier, the Company recommends the Customer to contact the carrier.
If the delivery delay is due to AB GRATIA, the Company has to inform the client by email.
Beyond the 8 weeks deadlines provided by the Company as from the reception of order, the client could cancel its order.
If you are not at home the day of the delivery, the carriers were given instructions to leave a delivery notice in your mailbox. Therefore, you will be informed about the date, the time of delivery and the post office where your parcel has been delivered.
7.6. Order tracking : The Client will receive its tracking number to check on the carrier’s website its order delivery steps.
7.8. Order checking : The Client should check the good condition of the parcel packaging. If the packaging is damaged, the client shall be responsible for complaining directly yo the carrier. If the Client considers the parcel too damaged, it has the right to refuse the parcel.
7.9. Custom duties : Any customs duties are charged to the Client. AB GRATIA is not required to pay back any custom fees.
8.1. The Client is invited to address its return or exchange request via the CONTACT form on the website www.delphinemanivet.com, subject « RETURNS & EXCHANGE ». The Client should mention its order number and the products concerned to facilitate the request.
8.2. The Client has 15 days as from the reception of order to ask for the exchange or for the refund of a reference (with the exception of articles made or personalized on request, that are not refundable).
8.3. The delivery costs for the first return or exchange are charged to AB GRATIA Company. After the Client addressed its request, it should receive a personalized Return label by email. The client should print the Return label and send back the items in the origin packaging attached with the Return Form duly completed and the Delivery form.
The Return form is provided in the parcel and available in PDF in the Customer Account.
The second return or exchange for the same order is charged to the Client.
8.4. Any exchange can only be made on the same article and reference.
8.5. The refunds are made within 30 days, upon the date of reception of the article returned to AB GRATIA. The full respect of the return process expressed in the present terms and conditions is mandatory to the refund. A failure to respect this process, the Company reserves the right to refuse the refund of the returned items.
8.6. Any article returned damaged, used, dirty or personalized will not be accepted for an exchange or a refund. All articles must have the original tags. Only the AB GRATIA Company reserves the right to judge the conformity of the returned items.
8.7. AB GRATIA Company reserves the right to refuse any further orders, in case of deceitful, abnormal or excessive returns.
9.1. AB GRATIA Company is responsible for all the obligations (bonds) put at his expense because of the present contract concluded at a distance (remotely). The responsibility of the company AB GRATIA cannot however be committed (hired) when the non-fulfillment of its obligations (bonds) is attributable i) to the Customer, ii) in the unpredictable and insuperable fact of a third (third party) to the contract, iii) in a case of absolute necessity.
9.2. AB GRATIA Company tries to maintain a quality web site. Nevertheless, considering the constraints inherent to the functioning of the digital networks, AB GRATIA Company cannot guarantee the continuity of the accessibility to the eshop.delphinemanivet.com site.
9.3. AB GRATIA Company complies with the Code of the consumption and the Civil code in guarantees. These measures are reproduced below:
Art L211-4 of the Code of Consumption: the seller has to deliver the goods in compliance with the contract and answer for defects of conformity existing during the delivery.
He also answers defects of conformity resulting from the packaging, the assembling instructions or the installation, when this one was put under his responsibility at his expense by the contract or was done under his responsibility.
Art L211-5 of the Code of Consumption: to comply with the contract, the goods must:
1 ° to be appropriate for the use usually expected from the similar goods and, if necessary:
– Correspond to the description given by the seller and possess the qualities, which this one presented to the buyer in the form of sample or of model;
– Present the qualities for which a buyer can legitimately await in consideration of the public statements made by the seller, by the producer or by his representative, in particular in the advertising or the labeling;
2 ° Either to present the characteristics defined by mutual agreement by both parties or to be appropriate for any special use looked for by the buyer, notified to the seller and accepted.
Art L211-12 of the Code of Consumption: the action resulting from the defect of conformity lapses over two years upon the delivery of the good.
Art 1641 of the Civil Code: the seller is required to the guarantee because of the hidden defects of the sold item, which make it unfit for the use for which it was intended, or which diminishes this use so much that the buyer would not purchased it, or would have give it a lower price, if he/she had known these defects.
Art 1648 al 1 of the Civil code: An action regarding any defects in products must be taken on by the customer, within two years of the discovery of the defect.
10.1. The www.delphinemanivet.com website, the services offered, as well as all the contents, the texts, the databases, the software, the visuals and audio elements are the exclusive property of AB GRATIA Company and are protected by the intellectual property laws. Any reproduction is expressly forbidden without the agreement of AB GRATIA Company.
10.2. The brand DELPHINE MANIVET is a registered trademark belonging to DELPHINE MANIVET Company, no license or authorization of reproduction is granted on the brand DELPHINE MANIVET. The use of the brand DELPHINE MANIVET for referencing is forbidden without the preliminary agreement of AB GRATIA.
11.1. AB GRATIA Company proceeds to the collection of personal information i) the registration on its web site, ii) the execution and the processing of the orders.
11.2. According to the law N 78-17 of January 6th, 1978, the Customer has the right of rectification and withdrawal for the particulars supplied to the company AB GRATIA by writing at the address: eshop Delphine Manivet, 27, rue Davioud 75016 Paris France.
11.3. List of the collected data: name, first name, address, email, phone number.
11.4. For its activities and services the www.delphinemanivet.com web site uses a system of cookies. These cookies can contain data relative to the identification and to the navigation of the customers on the site. According to the law 78-17 of January 6th, 1978 and to its article 32, it is specified to the customer and that he/she can block or delete these cookies.
11.5. All these personal information are used only in the commercial relationship between AB GRATIA Company and its clients. Those information are never shared or sold to third parties.
12.1. Force majeure: in case of force majeure, according to the law and to the jurisprudence, the responsibility of every party will be pushed aside.
12.2. Partial not validity: if one or several conditions of the present are declared invalid in enforcement of a law, of a regulation or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their impact, unless one or several not valid conditions presented a substantial character, or unless their disappearance questioned the contractual basis.
In any case, the parties agree then to replace the declared non-valid clause by a clause which will get closer as for its contents of the clause initially settled.
12.3. Titles: in case of difference of interpretation between any of the titles and the conditions of the clauses, which they represent, the title will be declared non-existent.
12.4. Non-renunciation: it is understood that any tolerance or renunciation of one of the parties, in the application of all or any of the commitments planned in the present, whatever the frequency and the duration, would not know modification of the present text, nor generate any right.
12.5. Applicable right and competent jurisdictions: the law applicable to the present contract is the French law. In case of dispute arising on the occasion of the present contract, both with regards to its interpretation and to its execution, express skill is attributed to the French jurisdictions and by default to the French jurisdictions of the place of residence of the applicant.
12.6. Modifications: the present terms and conditions can only be modified by a document signed by both parties. They represent the complete commitments existing between both parties. They cancel and replace any previous oral or written commitment concerning the object of the present.