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i-Karaibes - general terms and Conditions of sale
Your terms and conditions of sales
Article 1 – APPLICATION OF CONDITIONS
The seller is defined below as DYLL.fr, web site published by i-Karaibes (sas Siret 83790811000013) whose registered office is located at 4, Cited in EDF, rue Lemon 97233 SCHOELCHER. The buyer's challenge or below as the company or person signing and accepting these terms and conditions of sale. The general conditions of sale apply exclusively to all sales concluded by DYLL.fr both for its own behalf and on behalf of its constituents. All other conditions engage the seller only after its written confirmation. The information given in catalogues, price lists, websites, notes, etc., are indicative and may, as such, be altered by the seller without notice. The only fact of placing an order or accepting an offer from the seller involves the unconditional acceptance of these terms and conditions. The offers are valid in the limit of the option period set at one week from the date of the offer unless stipulated otherwise brought on this offer. These terms and conditions may be modified at any time and without notice by DYLL.fr, the modifications being then applicable to all subsequent orders.
Article 2 – ORDERS
The offers are valid within the limit of stocks available. French is the only language offered for the conclusion of the contract.
2.1 Description of products
The essential characteristics of the product are shown in "product description" containing, in general, a picture of the product and indicating its peculiarities. The photographs illustrating, with the support of the text, the products do not enter the contractual field ; if errors were introduced there, in no event shall the liability of DYLL.fr can not be held liable. The detailed product sheet is the sole source contract. Manufacturers may change without notice the technical composition of the reference products. DYLL.fr is at any time entitled refresh, improve its fact sheets or withdraw from sale its products. It is up to you, if you do not feel sufficiently competent, to be assisted by a council. You have the opportunity to contact DYLL.fr to obtain further information on the products presented via the contact page of our website or by sending a message to firstname.lastname@example.org.
2.2 Availability of products
You are informed of the availability of the product directly on the site. However, in case of unavailability of the ordered product, DYLL.fr can you supply a good quality and a price equivalent ; in this case, if you exercise your right of withdrawal, the return costs will be at our expense. You however, keep the possibility to cancel the sale and ask for the refund (it will be carried out within a maximum period of 30 days from the date of receipt of the material). For products not stored in our warehouses, our offers are valid subject to availability from our suppliers which is usually less than 48 hours.
2.3 Steps to conclude the contract
When the first Internet order, any new customer must create a "Customer Account" ; an identifier (" login ") and a password of at least six alphanumeric characters will be requested. During each validation control, you will be directed to your account via a secure connection recalling the contents of your order. Your order will be definitively recorded only after information of the different information and final validation. When you save the order by selecting a mode of settlement, the sale is deemed concluded (agreement on the goods and the price). The taking into account of your order is confirmed by sending an e-mail automatically generated by our website to the email address specified when creating the customer account. The contractual information is presented in French and will be the subject of a confirmation taking again this information at the latest at the time of delivery. DYLL.fr reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
2.4 Cancellation of the order
The order placed on our site is automatically cancelled in the absence of receipt of the regulations.
Article 3 – PRICE
The prices listed on the site are indicated in euros, excluding shipping costs. The prices appearing on your order after its validation and registration are firm and final : if the prices fall a few days after the order, we will not compensate you for the difference ; if the prices increase, we are committed to deliver you the price set on the day of the order. The amount of the delivery charge is automatically calculated according to each command ; it appears on the summary of your order before final registration.
Any order delivered out of Martinique may be subject to any local taxes, right of customs, granting of sea and customs clearance charges during the delivery. Their acquittal is your responsibility and is your responsibility. You should check with the competent authorities of the country of delivery.
Article 4 – DELIVERY
The delivery is carried out either by direct delivery to the buyer, or by notice of provision.
4.1 delivery Times
The delivery is carried out to the address you have indicated when placing the order. DYLL.fr undertakes to deliver it to you in 30 days maximum from the day following that on which you submitted your order (or receipt of your check). Any other delivery time is given as a guideline only ; the time indicated on the site are average times usually observed and correspond to the processing times of the orders, plus the shipping time of the carriers.
4.2 Delay in delivery
In case of delay in delivery, we advise you to check directly online the status of your order before contacting us, on the carrier's website with the shipping number. We invite you to notify us of any delay of one week relative to the average delivery time found so that we can start an investigation with the carrier (the time of investigation can vary from one to three weeks). If during the period of the investigation, the product is found, it will be rebooked immediately in your residence. If however the product is not found at the end of the period of investigation, the carrier considers the package as lost, and we will send you a replacement product at our expense. If the specified time limit is exceeded by more than 7 days, except in cases of force majeure, you have the option to cancel your order and get a refund ; you must send us a registered letter with acknowledgment of receipt within 60 working days from the expected delivery date. By express agreement, an event of force majeure or events such as lockout, strike, work stoppage or partial in the factory of the seller or its suppliers, epidemics, war, requisition, fire, flood, interruption or delay in transportation, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller shall be released of all responsibilities to the delivery. The seller will keep the buyer informed in a timely manner, cases and events listed above. In all cases, delivery on time can intervene only if the buyer is in breach of its obligations to the seller regardless of the cause.
Article 5 – TRANSPORT
Unless otherwise agreed, DYLL.fr freely chooses the carrier.
5.1 Risks associated with the transport
DYLL.fr supports transportation risks to delivery, that is to say, until physical delivery of the goods to the consignee indicated at the time of the order or its representative which accepts it, provided that you check the goods when receiving them in the presence of the carrier and serve, if necessary, by writing on the travel voucher, the reserves observed according to the procedure described below.
5.2 Receipt of goods
You must refuse delivery if the goods are damaged, missing or if the package has been opened or refurbished (except customs clearance). In the event of loss or damage, you must make reservations in writing accurate and detailed on the delivery note of the carrier in the presence of it or its employees ; you must then send the carrier a registered letter containing the reserves, within 3 days of delivery. To help you in these endeavors, we invite you to contact us via the contact page of our website or by sending an email to email@example.com. The goods accepted without reservations by the consignee at time of delivery and/or default letter to the carrier within 3 days, is deemed arrived in good condition and in full (number of rooms, identity in relation to the order, etc). No claim may be supported by DYLL.fr and the responsibility of DYLL.fr cannot be held liable. For any question or difficulty you may encounter, we invite you to contact us via our contact page accessible from the home page of our site.
Article 6 – COMPLAINTS AND AFTER-SALES SERVICE
For any complaint, we invite you to contact our services by logging in to our site and by visiting the contact page of our website. All claims relating to defective goods delivered to an inaccuracy in the quantities or their erroneous reference in relation to the accepted offer or the confirmation of the order by the seller, must be made to the seller by registered mail within 72 hours of receipt of the goods, without neglecting if necessary and in accordance with article 5 remedies against the carrier otherwise the right to claim the buyer ceases to be acquired.
6.1 Need for a return number
The return of goods is made only by the carrier, unless otherwise stated. Any return of goods requires the prior agreement of DYLL.fr and a return number, which can be obtained free of charge via the Your account page accessible from the home page of the site. You will receive by means deemed most appropriate by DYLL.fr a return agreement. Failing agreement to return the merchandise will be returned or held at your disposal, at your expense, risks and perils, all costs of transportation, storage, handling at your expense. The products are returned at your expense and at your own risk. We therefore advise you to declare the value of the goods and insurance transport. The buyer has after obtaining the agreement of return within 7 calendar days to ship the defective goods at the seller's. The following information is generally requested : contact details, designation of the element or elements concerned, the serial number, the failure or default noted, and the invoice number or delivery note corresponding to the parts described. The goods must be returned with a copy of the invoice and the return number listed on the package, to the following address : i-karaibes, 4 Quoted EDF, rue Lemon 97233 SCHOELCHER.
Any refund request will not be taken into account after the arrival of returned products in DYLL.fr according to the return procedure listed above. In case of return and refund request, the terms will be the following :
•Parcel returned to the control of the client : a refund of the product, the return costs borne by the customer.
•Packages returned because of the liability of the company (non-compliance, parcel not arrived...) : refund of the product, shipping costs and return costs
Article 7 – RIGHT OF WITHDRAWAL, RESERVED FOR INDIVIDUALS
In the conditions provided for in articles L121-20 and following of the code of consumption and within the framework of the remote sale, the buyer has a withdrawal period of 10 days from the delivery of his order which will be refunded against restitution of delivered products. The buyer must return the goods in their original condition and packaging. Any return of goods requires a return authorization number which can be obtained free of charge via the Your Account page of our website. The return of goods is at the expense, risk and peril of the buyer (you are therefore advised to declare the value of the goods and to maintain insurance covering these risks). However, the right of withdrawal may not be exercised in application of article L121-20-2), in particular if the following conditions are met :
- items must be unused and in their original packaging intact, sealed and with the label not removed from the article,
- articles of lingerie, accessories and clothing must be unworn and in their original packaging, intact, and with their label not removed from the article,
The professionals do not have the withdrawal option.
Article 8 – WARRANTY
When a concern arises with material, we invite you to contact our customer service by visiting our website and using the contact page.
8.1 manufacturer's Warranty
For products with a specific warranty manufacturer (support the warranty directly by the manufacturer, or on-site warranty, or warranty extension specific), the Client should contact directly the manufacturer, without passing through DYLL.fr, which provides no contractual warranty on these products. Our company will refuse any return of merchandise in this framework and will not be held liable for any failure of the manufacturer in the framework of this warranty.
8.2 commercial Warranty DYLL.fr
The products are guaranteed by the manufacturer and in default DYLL.fr against any defect in material or workmanship for a period of 12 months from the date of delivery, except for special conditions expressly signified.
8.3 Limitation of the commercial warranty DYLL.fr
The seller's warranty is limited to repair, replacement or refund of the value of the goods acknowledged to be defective by the seller, taking into account the use which has been made and this with the free choice of the seller. The seller undertakes only to ensure the replacement of defective parts and the repair of damages of the goods supplied to the buyer by his care. The warranty therefore does not cover labour costs, nor those which result from the operations of disassembly, reassembly and transport, except in the case of the exchange standard. The SAV DYLL.fr can play only in the framework of the warranty DYLL.fr or of the legal guarantee.
8.4 Exclusion of the commercial warranty DYLL.fr
The warranties do not cover damage from external sources, damage resulting from improper use of the products, consequential damages resulting from the intervention of a repairer not authorized by DYLL.fr or the builder.
DYLL.fr undertakes only to ensure the replacement of defective parts and the repair of damages of the goods supplied to the customer by his care. If the material can not be replaced by an identical hardware, it will be proposed to the customer an equipment of equivalent or higher, or have. Subject to mandatory legal provisions, the responsibility of DYLL.fr is strictly limited to the obligations defined in these terms and conditions or, if applicable, the express terms and conditions. DYLL.fr can in no case be held liable for material and immaterial damage that may occur during the course of troubleshooting in the case where the buyer returns products that have not been provided by the seller. DYLL.fr cannot be liable under the warranty for failures or damage arising directly or indirectly from the following cases :
- Storage without protection or prolonged.
- Any negligence, error of connection or manipulation, maintenance and use of equipment which is non-compliant with the technical specifications of the seller or the manufacturer or, more generally, a defective use or awkward.
- Any addition of complementary device or accessory of the equipment or use of all parts necessary for the operation of the equipment does not conform to the technical specifications of the salesman or manufacturer.
- Any modification or transformation mechanical, electronic, electrical, or other changes to the equipment or its connection devices by any third person. In the event of bankruptcy or failure of supply of the manufacturer, the customer can not turn against DYLL.fr, which does not assume any responsibility or liability in respect of warranty on the products for this manufacturer.
8.5 legal Warranty
You also get the legal guarantee against hidden defects on the sold products and of the defects of conformity of the goods to the contract (Annex 1).
Article 9 – retention OF TITLE
The goods will be delivered and invoiced remain the property of DYLL.fr until the integral payment of their price. The failure to pay may result in claims of goods by DYLL.fr, the return being immediate and goods delivered at your expense, risk and peril. During the period between delivery and the transfer of ownership, risks of loss, theft or destruction, as well as the damages that you might incur are your responsibility. The buyer undertakes, for the case of a procedure of receivership affecting his company, to participate actively in the establishment of an inventory of goods in inventory which the seller claims ownership. Failing this, the seller has the faculty to make notice the inventory by bailiff at the expense of the buyer. The seller may prohibit the purchaser to proceed with the resale, processing or incorporation of goods in case of delay of payment. To ensure payments not yet made and in particular the balance of the account of the purchaser in the scriptures of the seller, it is expressly stipulated that rights to goods delivered but unpaid are referred on identical goods from the seller in stock buyer, without the need to impute payments on a sale or delivery determined.
Article 10 – avoidance CLAUSE
In the case of non-compliance with any of the obligations of the buyer by the latter, the sale may be cancelled and the goods returned to seller if it sees fit, without prejudice to any damages that the seller could assert against the buyer, within 48 hours after formal notice has remained without effect. In this case, the seller is entitled to claim from the buyer a lump-sum indemnity of 10 % of the sale amount.
Article 11 – PAYMENT
Any settlement paid to DYLL.fr cannot be regarded as a deposit.
11.1 Methods of payment
Payments must be made in such a way that the seller can access the funds by the due date listed on the invoice. The payment is carried out on the site.
- Bank cards :
The seizure of the bank account information is on a secure server (SSPLUS CAISSE EPARGNE) to ensure the security and confidentiality of the information provided during the banking transaction. The processing of your order will be made from the date of receipt of payment.
- Cheque :
The cheque must be sent to the order of i-karaibes to the following address :
i-karaibes 4 Quoted EDF, Rue Lemon 97233 SCHOELCHER.
It must be accompanied by a copy of the email confirming receipt of your order. If you do not have printer, write down the back of the cheque the day of your order, the order number and the customer number. The cheque must be in the name of the person who placed the order ; failing this, he shall mention in the back of the cheque the order number and the customer number. It will be cashed upon receipt. The processing of your order will be made from the date of receipt.
11.2 Late payment
Any settlement after the payment date may give rise to the billing of penalties without any prior notice to the purchaser to be necessary. The amount of these penalties would be at least equivalent to that which would result from the application of a rate equal to 5 times the legal interest rate in force at the date of the application of penalties, without this clause excludes additional damages. The buyer can never, on the basis of a complaint made by him, withhold all or part of the amount due by him, nor operate a compensation. When the buyer is late in payment or part payment to his or her term, the seller may by that fact alone and without any need for prior notice, immediately suspend deliveries without the buyer can claim damages from the seller. In the case of action by way of litigation, the seller is entitled to claim from the buyer the reimbursement of expenses of any kind related to the lawsuit.
11.3 Supporting documents
For reasons of limitations fraud, DYLL.fr reserves the right to accept the sale to ask you to justify your identity and place of residence, and the means of payment used. In this case, the processing of your order will be made after receipt of these documents. We reserve the right to cancel your order in the absence of receipt of these documents or receiving documents deemed non-compliant.
Article 12 – FINAL PROVISIONS
DYLL.fr archive purchase orders and invoices on a support, as well as reliable and durable as a true copy in accordance with the provisions of article 1348 of the civil Code. The registers of DYLL.fr will be considered by the parties as proof of communications, orders, payments and transactions intervened between the parties, unless evidence to the contrary. The electronic signature consists of the procedure of "double click" when placing the order and value a handwritten record between the parties. The French law is applicable without, however, exclude the application of the rights legislative requirements granted to consumers or a mandatory law more protective by the foreign court entered by a consumer of the corresponding country. If any of the terms or provisions of these General Conditions of Sale were to be annulled or declared illegal by a final court decision, such invalidity or illegality shall not affect the other clauses and provisions, which will continue to apply. All different relating to the formation, execution and cessation of contractual obligations between the parties can not lead to an amicable settlement will be submitted to French courts. The fact that DYLL.fr does not avail itself at a given time of any of the provisions hereof, does not represent a waiver to take advantage later of the same clauses.
Article L211-4 of the consumer Code : The seller must deliver goods in conformity with the contract and answers defects of compliance existing during the issuance. He also answers defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility.
Article L211-5 of the consumer Code : to conform To the contract, the good must :
1° Be fit for the use habitually expected of a similar good and, if applicable :
- match the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model ;
- present the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling ;
2° Or present the characteristics challenge defined by mutual agreement by the parties or be suitable to any special use sought by the purchaser, brought to the knowledge of the seller and the latter accepted
Article L211-12 consumer Code : the action resulting from The defect of conformity is prescribed by two years from delivery of the goods.
Article 1641 civil Code : The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price if he had known.
Article 1648 paragraph 1 civil Code : The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
Revision of the 17/08/2018