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General terms and conditions of sale

You wish to order on the e-commerce website www.delyss.com

We invite you to read the General Terms and Conditions of Sales you agree to accept during your checkout process.

2.1. Product Offer

2.2. Availability of Products

2.3. Product Retail Pricing

3.1. Order a product

3.2. Pay your order

3.3. Confirm your order

4.1. Shipping address

4.2. Shipping cost and Delivery countries

4.3. Delivery date

4.4. Delivery delay

4.5. Delivery conditions

ARTICLE 5 –RETURNS & EXCHANGES 

5.1. Right of return

5.2. Exchange right

6.1. Responsibilities of users 

6.2. Intellectual property rights

6.3. Data protection

8.1. Partial Invalidity

8.2. Non-waiver

8.3. Entire agreement

10.1. Review conditions

10.2. Operating authorisation

10.3. Personal information

 

ARTICLE 1. fields of application

These general conditions define the terms of sale for the website http://www.delyss.com hereinafter " Delyss  Site" on which market products are distributed by Delyss (here called "Products ") to natural or legal persons for their personal use, as well as the rights and obligations for the parties arising from the online sale.

These Terms and Conditions are made between a natural or legal person (hereinafter the "Customer") wishing to make a purchase on the webite Delyss whose full details are the following:

- The website www.delyss.com is edited by the company HOME & BEAUTY SAS, registered with the Trade and Companies of Paris under number RCS 499302891, Intra-community VAT FR 08 801897091, whose registered office is located 7 avenue de Madrid, 92200 Neuilly sur Seine, France (hereinafter "Delyss").

The customer is informed that she/he may place an order for products distributed by Delyss. Thus, when ordering a product on the website Delyss, Customer agrees:

- She/He has full legal capacity;
- By ordering a product on the website Delyss, she/he would contract directly with Delyss
- That the order is governed by these Terms and Conditions which the Customer declares to accept the terms without restriction or reservation. Any order implies acceptance without reservation of these Conditions of Sale. This acceptance is in no way conditioned by a handwritten signature by the Client. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, it is recalled that the validation of the order as specified in Article 3 constitutes an electronic signature which has, between the parties, the same value as handwritten signature.

Any special conditions or any other written document including content in documents from the Client (including ordering) can not prevail over these Terms and Conditions.

It is specified that the Client may save or print these Terms and Conditions, provided, however, she/ he does not change them.

Delyss reserves the right to modify these Terms and Conditions. Any new version of these will be indicated to the Customer directly on the Site, up to the customer to read it.

The online version of these Terms and Conditions shall prevail on any other previous version of these General Conditions, except ,in accordance with common law , to changes which might have occurred after a customer order .

ARTICLE 2. PRODUCTS

2.1. Product Offer

Delyss features on its website marketed products and their detailed descriptions contained in product listing pages, providing the Client the opportunity to know the essential characteristics of each product that can be purchased on the Site before the final order is made, and in accordance with the provisions of Article L.111-1 of the Consumer Code.
The information listed on each product listing page and respective photography are those provided to Delyss by their respective suppliers.

In this respect, DELYSS pays particular attention to display on the Site color, patterns, photography and product description to be faithful to reality.

However, in regard to the presentation of products on the Internet, it is possible that the Customer perception of the products photography does not fully correspond to the product itself. The photography, text, graphics, information reproduced and illustrating the products are not within the contract field. In case of obvious error between the characteristics of products and their performance, Delyss shall not be held liable. Similarly, packages shown are not contractual. Weights and dimensions are indicative.

2.2. Availability of Products 

Products offered for sale by Delyss are those listed on the Website, at the time of consultation by the Client and within the limits of available stocks.

At any time, Delyss reserves the right to modify or discontinue products offered on the Site, these changes are not, however, affecting any Delyss orders that would have been processed before any amendment has been made.

In case of out of stock of a product, Delyss shall inform by e-mail the Customer at the earliest, and offer a partial order delivery or the order cancellation.

If the Customer's bank account has already been debited at the time of above e-mail issuance to the Customer, Delyss shall reimburse the Client within thirty (30) days at the latest after the debited amount has been registered by the Bank.

2.3. Product Retail Pricing

The applicable prices are those indicated on the Site at the time the customer confirms her/his order.

Prices are quoted in local currency and are inclusive of all taxes. Prices are subject to Value Added Tax (VAT) applicable on the date of the order. The Customer is informed that the shipping fees are charged in addition to the price of products, and they are specifically indicated on the order summary and order confirmation e-mail.

However delivery charges are free from 60 euros / 60 pounds purchase on the Delyss Site after applying a rebate or other discount whatsoever, and excluding shipping costs.

At any time and without notice, Delyss reserves the right to change the product retail pricing without impacting Delyss orders that would have been placed before these amendments have been made.

ARTICLE 3 - Product ORDER AND PAYMENT

3.1. Order a product

While browsing the Delyss site, the Customer can consult the product information offered for sale at the time of their consultation.

To place an order, the customer shall click on the icon located to the side of the Products.
Each new addition in the shopping bag will be informed by the appearance of a specific screen. 

At any time, the Customer may:

- Get an overview of the Products selected or change the order by clicking on the "My Shopping Bag" icon available on each page,

- Continue to select products by clicking "Continue Shopping",

- Complete the selection of products and order by clicking the "Proceed to purchase",

A summary of the order will appear on the screen. If the list corresponds to the Products she/he has chosen, the Client validate the summary by clicking on the "Proceed to checkout" icon

Once she/he has finished selecting products, the Customer accurately fill out the form with her/his contact information placed at his disposal.

The Customer shall undertake to provide:

-her/his- lastname (s), first name (s), phone number and email address. Said e-mail address should be perfectly valid and accurate.
- a mailing address where delivery can be made during working hours from Monday to Saturday for metropolitan France, including Corsica, Monaco, United Kingdom.

Unfortunately we can not deliver in the DOM-TOM nor French islands .

Once the order is fully completed, an order summary will include all information about her/his order, namely: the nature, quantity and price of the products, the total amount (including shipping costs) Customer information, the delivery address and billing address.

After taking note of the status of the order, the Customer will be asked:

-to click on the "Proceed to checkout" to proceed to the payment of the order

or
- to click the "Continue shopping" button to edit her/his order.

By clicking on the "Proceed to Checkout" button, the Customer has acknowledged 

these Terms and Conditions and has checked the box "I have read and agree to the Terms and Conditions."

The Customer will be redirected to a secure Internet page where she/he will be asked to make the order payment in the terms and conditions of Article 3.2 herebelow.

The data recorded by Delyss constitute proof of all transactions between the Customer and Delyss. In case of conflict between the parties on a transaction made on the Site, the data recorded by Delyss is considered irrefutable and reliable proof for the content of the transaction. Orders and invoices are archieved on a reliable and durable can be used as evidence.

3.2. Pay your order

Payment

Order payment for Products is directly processed on the internet Site, following the instructions in the process of order validation.
Payment shall be made in local currency by credit card (Visa, Mastercard, Amex) or PayPal excluding any other means of payment.
Delyss uses a secure payment (Ogone) and therefore never has access to confidential information related to the Customer payment.

To make the payment, the Customer must provide her/his credit card number, the expiry date and whenever required the visual cryptogram.
The bank details of the Customer are required for each order since the bank chosen by Delyss to achieve each financial transaction keeps above.confidential information.

To this end, the Client guarantees Delyss it has the required permission to use the chosen method of payment at the time of the order validation.

In case of the bank's refusal, the order will be automatically cancelled and the client will be informed by DELYSS.

Once the payment is completed, a printable and saveable summary of the Customer's order will be displayed and will show the order's references. 

Secure payment

For the order system (Fraud Detection):

"The information in connection with your order is subject to automated processing through a specialised  secure payment platform namely Ogone. This automated payment processing aims to analyse each transaction and to fight against credit card fraud.

The occurrence of an unpaid invoice due to fraudulent use of a credit card, will result to a payment incident file implemented by Ogone in connection with your order to this payment. Any false declaration or irregularity may also incurr a specific treatment.


3.3. Confirm your order

Product  order(s) will be considered firm and final once it has been confirmed by Delyss, upon sending an e-mail order confirmation to the customer that include the following information:

- The order number;

- The summary of the order (name of the Product (s) ordered, quantity, price);

- The total amount of the order, including all taxes;

- Billing information;

- Delivery Information;

then a payment confirmation sent by email.

The Customer is informed that his bank account will be debited the order amount upon order confirmation.

For orders requiring multiple shipments, shipping costs will be charged only once when the first the Products are expedited.

In accordance with the provisions Article L.122-1 of the Consumer Code, Delyss reserves the right to refuse anyorder placed in error or bad faith, or unpaid invoices due to fraudulent use of a credit card or ayment failure arising from a fraudulent use of a credit/debit card.

 

ARTICLE 4 - shipping and delivery

Delyss retains ownership of the Products ordered until full payment is completed.

4.1. Shipping address

Products will be delivered to the mailing address provided by the Customer at the time of the order and will appear on the packing slip.

Products ordered by the Customer on the Site Delyss will be delivered exclusively in France, including Corsica, Monaco, United Kingdom.

The Customer can monitor the delivery of her/his order via « My Account «  section on the Delyss Site.

For costs and delivery times provided by our carriers, please see the information in Article 4.2 here below.

4.2. Shipping cost and Delivery countries

Zone 1: Metropolitan France and Monaco

Some products require extra delivery charges; the exact amount will be communicated to the Customer before confirming the order.

STANDARD DELIVERY - Monday to Friday

Estimated time of delivery from the order confirmation: 2-4 days

Shipping cost: € 6.90

 Free delivery from €60.

 

EXPRESS DELIVERY - Monday to Friday

Estimated time of delivery from the order confirmation: 24 - 48 h 

Shipping cost: 12 €

 

PICK-UP & GO DELIVERY - Monday to Saturday

Estimated time of delivery from the order confirmation: 3-5 days

Shipping cost: € 5


Zone 2: Europe


Countries served: United Kingdom.


STANDARD SHIPPING - Monday to Saturday

Estimated time of delivery from the order confirmation: 3 to 6 days

Shipping costs: € 7.50/  £5.90

Free delivery from £60.

 

Some products require extra delivery charges; the exact amount will be communicated to the Customer before confirming the order.

Delivery is provided by a third-party provider, the Customer acknowledges and agrees that Delyss could in no way be held responsible if the failure or improper performance of the obligation and it is attributable to the Customer or of a third party to the contract or a force majeure.

4.3. Delivery date 

Delivery will take place no later than eight (8) days upon order confirmed, unless otherwise provided the Customer will be notified before the order is placed, while showing an average delivery time.

4.4. Delivery delay

Any delay in delivery must be notified in writing as soon as possible by the Customer to Delyss who will enquire directly with the related carriers.
The Customer will have the option to cancel the order if delivery thereof is not reached at the latest within fourteen days (14) business days of the delivery date initially given to the Customer and subject however to any delay resulting from the Client, or a case of force majeure.

As the exercise of the right of withdrawal, or the findings of the survey conducted by Delyss confirming the loss of the package, Delyss will reimburse the debited account as soon as possible to the exclusion of any other compensation, or will ship the products at his own expense if the order has not been denounced by the Client.

In case of partial delivery of the order, the delivery may be performed several times, and will only cover the undelivered balance.

4.5. Delivery conditions

Each delivery is deemed to be carried out as soon as the Product is at the disposal of the Customer, evidenced by the control system used by the carrier. Any dispute related to the delivery itself will not be receivable if the package appears to have been delivered, the computer system of the carrier constituting the sole authentic.


It is the Customer's responsability to check immediately upon products receipt, the compliance and integrity of the products shipped.

Without prejudice to the time available to the Client in respect of the right of withdrawal as specified in section 5 below, it is up to the Customer  to verify the package and make with the carrier, all reserves and complaints which would appear justified in the case of delay, breakage or missing produtc(s).
To do so, the Customer must write any visible defect on the shiping documents while the carrier is still there. In addition, pursuant to Article L.133-3 of the Commercial Code, any reservation must be confirmed by registered letter to the carrier within three (3) days of receipt.

Any reservation should also be notified to Delyss Customer Service, whose details appear on the site at the same time and in the same form. The Customer shall send DELYSS a copy of the complaint sent to the carrier.
    

ARTICLE 5 – Returns and Exchanges

5.1. Right of return

Right ofwithdrawal 


Pursuant to Article L.121-20 of the Consumer Code and subject to the assumptions referred to in Article L.121-20-3 of the Code, the Customer has a cooling-off period of fourteen (14 ) working days from the date of receipt of the order to return the Product(s) ordered to Delyss not giving her/him satisfaction.

The DELYSS Product must be returned complete, in perfect condition and in its original packaging. Customer shall join to her/his package a copy of the invoice and the return form supplied by DELYSS customer service and requested by email in the "Contact us" website section.

Under these conditions, Delyss commits to reimburse the Client, the debited bank account within a maximum of thirty (30) days of receipt of the product(s).

If the right of withdrawal is exercised after the date of departure of the products from the DELYSS warehouse, the return cost will be at the client's expense. 

No compliance

Delyss ensures that products are in accordance with the use that is expected, and have no defects or hidden defects that make them dangerous or unfit for normal use.
Upon receipt of a non-conforming Product, and subject to the provisions of Article 5.2, the Customer may return the nonconforming Product to Delyss within thirty (30) days after receipt of the product.

It is in this regard stated that Delyss does not accept packages with the postage due, also the product(s) has to be returned in its original packaging.
Customer shall join to her/his package a copy of the invoice and the return form provided by DELYSS customer service previously requested by email in the "Contact us" section of the Site.

Delyss will establish and confirm the non-conformity of the product which, if confirmed, will automatically result in the reimbursement to the Customer.

This reimbursement will be made on the debited account within thirty (30) days after receipt by Delyss of the nonconforming Product(s). This refund will also include the reimbursement of the initial delivery if all delivered products have be returned. If the entire order is  not returned in full, the refund of any initial shipping costs will not apply.

All risks linked to the return of a Product will be at the charge of the Customer. 

5.2. Exchange right

Delyss ensures that products are in accordance with the use that is expected, and have no defects or hidden defects that make them dangerous or unfit for normal use.
Upon receipt of a non-conforming Product, and subject to the provisions of Article 5.1, the Customer may return the nonconforming Product to Delyss within thirty (30) days after receipt of the product.
Delyss will establish and confirm the non-conformity of the product which, if confirmed, will automatically result in the replacement of the Product(s).

Customer may also return the product to be exchanged by post mail after getting a DELYSS return form from customer service in the  section "contact us" of the Site.

 

ARTICLE 6 – USE OF THE WEBSITE

6.1. Responsibilities of users 

Navigation on the website www.delyss.com is the sole responsibility of users.

Delyss shall not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, the occurrence of bugs, external intrusion or presence of computer viruses.

Delyss shall not therefore be bound to compensate for direct or indirect damages that may be related to the use, access to the site or downloading elements  stored on the Site (images, text, video files etc). 

6.2. Intellectual property rights

In accordance with the laws governing intellectual property rights or other similar rights, the Site and all Delyss elements, trademarks, designs, models, photographs, text, graphics, logos, animated or not, with or without sound, graphics etc. lying on the said Site and their compilation are respectively the exclusive property of Delyss.  The latter does not grant any license or any other right to the Customer except to consult the Site.

Reproduction or use of all or part of these elements is only authorized for the sole purpose of personal and private use. Any reproduction and any use of copies made for other purposes is expressly prohibited. Neither the Site, in whole or in part, nor its content, nor the marks shall be used, reproduced, duplicated, copied, sold, accessed, modified, or otherwise exploited, in whole or part, for any purpose unless prior written authorization has been granted by Delyss. Any other use constitutes infringement.

6.3. Data protection

To record and process customer orders and / or respond to inquiries, Delyss collects personal data about its Customers. They have a right of access, modification, opposition and cancellation of this data, in accordance with the law "Data Protection" N ° 78-17 - 6 January 1978 amended by Law N ° 2004-81 dated 6 August 2004. The Customer has a right of access, modification, rectification and deletion of data.

 

ARTICLE 7 - FORCE MAJEURE 

Neither the Client nor Delyss can not be held liable for the total or partial non-performance of their obligations, if such non-performance is due to unforeseeable circumstances or the occurrence of an element of force majeure such as, and but not be limited to, flood, fire, storm, lack of raw materials, transport strike, or partial strike or lockout, these elements being assessed in relation to the jurisprudence applicable.

The party hit by such events shall give notice to the other party as soon as possible and no later than five (5) business days of the occurrence of the event.

The Customer and Delyss agree, in which case, to define together the details of the execution of the order during the time of the force majeure case. 

 

ARTICLE 8- OTHER

8.1. Partial Invalidity

If any provision of these Terms and Conditions are held to be invalidated or declared such under any law, regulation or following a final decision of a competent court, other provisions shall remains in full force and scope. 

8.2. Non-waiver

The fact that one of the parties to these Terms and Conditions of Sale did not require the application of any provision, either permanently or temporarily, shall in no event be deemed a waiver of rights of this part under the said clause.

8.3. Entire agreement

In general, the parties (Customer and Delyss Site) expressly agree that all e-mails are legally valid as well as the automatic savings of the Site, concerning the nature and date of order in particular.  

You may access, when appropriate and in accordance with the rules of law, the electronic contract between the Customer and Delyss.

To do so, the Customer can send an e-mail to Delyss Customer Service Department containing all relevant information, specifically the order number and his personal information related to it.

 

ARTICLE 9 - Applicable law - Disputes 

The law applicable to these Terms and Conditions of Sale and orders related thereto is the French law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

Unless as otherwise provided in the Civil Code Procedure, any dispute which may arise concerning the validity, interpretation or execution of these general conditions of sale and that has not been settled amicably by the parties hereto will be submitted to the FRENCH courts, despite multiple PARTIES REFERS or expertise.

 

ARTICLE 10 – client REVIEWS

10.1. Review conditions

Drafting opinions on Delyss is subject to prior acceptance of the terms of use of this Charter which provides that:

- The comment must be limited to comments, arguments or impressions that relate to the product concerned.

- The comment must not:

1- mention information about your or others private life

2- be used for personal or business purposes including advertising

3- include e-mail addresses, URLs, phone numbers, addresses or other information (name, surname ...) that would identify the user

4- reference or mention the opinions of other users

- The terms can be interpreted as insults or slander against any natural or legal person are absolutely prohibited: defamatory, libelous, obscene, offensive, violent or inciting violence, political, racist or xenophobic and in general terms, any content that contravenes to the laws and regulations, to the rights of persons or morality.

- The authors expressly authorize Delyss to post the client reviews on the Site in relation to the products concerned. Delyss can not guarantee the publication of all reviews.

10.2. Operating authorisation

The user or author authorizes gratuitous Delyss to use her/his reviews for marketing and promotion operations in connection with the product to which it relates in particular to the following methods of display:

•   on internet including all institutional, commercial or community sites , blogs or DELYSS pages on, partners or affiliate blogs or pages, as well as all search engines especially those containing advice and comments;

•   for internal and corporate communication of Delyss  Site as well as journalistic information;

•   on all printed materials including publishing, catalogs, newsletters, leaflets, flyers, POS material. 

As part of the destination defined above, the exploitation rights granted include:

-          the right of reproduction, directly or through a third party. The right to reproduce, to share, to establish copies, duplicate without limitation, in full or in part, free of charge or for a fee, on any paper, computer, electronic, audio, visual and / or any other current or future media, for all current and future processes.

-          the right of representation, directly or through a third party. The right to represent, to publicly represent fully or extracted in whole or in part, free of charge or for a fee, by any means such as representation on screen, or any other process in any public or private places.

-          the right of distribution, directly or through a third party, or without charge, the right to broadcast by radio, satellite, broadcasting, by means of a cable operator or other means of telecommunications, present or future. This right also includes the distribution on internal networks as well as networks to a public not bundled within a corporation such as Télétel and Internet.

-          in respect of rights derived directly or through third parties, free of charge or for a fee, the right to use, adapt, arrange, edit, translate all or part.

10.3. Personal information

The Internet user agrees that in the context of diffusion of her/his review, some personal information shall appear as follows: first name and city of residence.

Both comments and personal data of the Internet users are collected and electronically processed for the purpose of review diffusion.

In this context, the collected data may be transferred to a service provider for the purpose of managing the dedicated reviews.

In accordance with the Data Protection Act of 6 January 1978 amended by the Law of 4 August 2004, Internet users have a right of access, rectification and opposition of the data which concern them by mail to: contact@delyss.com

or by mail to: HOME & BEAUTY, consumer service, 7 avenue de Madrid, 92200 Neuilly sur Seine, France

 

Version : July 7th, 2014