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GENERAL CONDITIONS OF SALE

Preamble

The following information defines the general conditions of sale for products sold by DIGITSOLE on its website at this address: www.digitsole.com

 

DIGITSOLE stipulates that a product may only be ordered if the conditions below have been accepted. All orders placed on the this site therefore imply acceptance of these general conditions.

 

DIGITSOLE is a company with assets of 131,000 Euros, registered with the Registre du Commerce et des Sociétés, Nancy under the number 512 341 801. The head office is located at Place Stanislas - 13, Rue Héré, 54000 Nancy, France.

 

Article 1. Object:

The objective of these general conditions of sale is to define, exclusively for online sales, the reciprocal obligations of parties, including the different steps of the ordering process.

 

Article 2. Products:

The products available for order from DIGITSOLE are those listed on the website on the day of the visit by the user and while stocks last. In the event of product unavailability, DIGITSOLE shall inform the Customer as soon as possible.
The products available for order are described and presented as accurately as possible. However, DIGITSOLE cannot be held responsible in the event of any errors or omissions which may occur in this presentation.
The photographs and text illustrating the products are not contractually binding.

 

Article 3. Prices:

All prices are in Euros. They include any deductions, VAT and ecoparticipation (€0,12)
The prices indicated are guaranteed while stocks last, with the exception of important changes to tax, in particular VAT and with the exception of typing errors or omissions.
DIGITSOLE reserves the right to change its prices at any time, but the products will be invoiced based on the prices stated at the time the order is registered, subject to product availability, however. The products remain the property of DIGITSOLE until the price has been paid in full.

 

Article 4. Order:

4.1 - Purchase process:

The Customer may reserve any product of interest to them. At any time, they will be able to:

  • obtain a summary of the products selected by clicking 'Basket'.
  • continue reserving by clicking 'Order'.

 

4.2 - Validating the reservation:

After viewing the status of their order and once all the information requested has been provided by the Customer, the Customer clicks 'Pay' for final confirmation of their order.

 

Article 5. Payment:

After clicking 'Pay', the Customer is taken to the secure payment interface used by DIGITSOLE to validate their transaction. The order is deemed valid once the Customer has received a confirmation e-mail listing the items ordered and the total price.

 

Article 6. Delivery:

6.1 Delivery address and times:

The products are sent to the delivery address indicated by the Customer when placing the order. The delivery times indicated are intended as a guide only and DIGITSOLE may not be held liable if they are exceeded.
In addition, DIGITSOLE declines any liability in the event of excessive delivery times due to the postal service or means of transport selected, including in the event of loss of products ordered or industrial action.

 

6.2 Delivery errors:

Despite every effort made by DIGITSOLE when processing the Customer order, an error may occur when preparing the shipment (wrong size, missing product etc.). The Customer must check the products comply with the order as soon as it arrives.

 

Any irregularity concerning the delivery (wrong size, wrong product, missing or broken product etc.) must be notified within 24 hours of receipt to DIGITSOLE Customer Service online (www.digitsole.com/contact-us).

Any complaint made after this period will be rejected and DIGITSOLE cannot be held responsible. DIGITSOLE will ask the Customer to return the non-compliant product.
On receipt, DIGITSOLE will exchange the defective product(s) or send the missing product (provided the purchaser's request is substantiated) and at the exclusive discretion of DIGITSOLE.

 

6.3 Damage resulting from transport:

Similarly, when the package arrives, one of the products may turn out to be damaged.

 

Any Customer who receives a product and finds it to have been damaged during transport must report this damage within 24 hours following receipt. Comments must be made on the carrier's delivery note.

 

DIGITSOLE will ask the Customer to return the damaged product.

 

Article 7. Returns:

7.1 Managing returns

Only non-compliant and/or defective products may be returned. No items will be accepted as returns unless the Customer has informed DIGITSOLE by e-mail beforehand.
Each item returned to DIGITSOLE must be returned protected in its original packaging, in perfect condition and accompanied with the original labelling.
All returned products must be sent to the authorised DIGITSOLE distribution site.

 

7.2 Wrong product or size (non-compliant delivery)

When the Customer receives an item other than the one ordered or in a different size, they must contact   DIGITSOLE Customer Services within 24 hours to request an exchange. If the Customer does not contact Customer Services before returning the product, they must pay the return transport costs.

 

In the event of the wrong product or size, products returned used or showing signs of use will not be exchanged.

 

7.3 How do I return a product?

To return a product, the Customer should contact DIGITSOLE Customer Services beforehand. They will check the details of the initial order and confirm the return procedure.

 

The following information is required by Customer Services:

  • Proof of purchase;
  • Reason for the return;
  • Identity, address and e-mail;
  • Product size;
  • Smartphoneusedand any other details required to assessthe product defect;
  • Any other information required to process their request.

 

Once all this information has been verified, a confirmation e-mail is sent to the Customer, including the different steps required and a prepaid return label.

 

Note:

To properly return the product:

  • Package the product securelyin theoriginal box andincludethe originalproof of purchase;
  • Keep proof of shipment and the tracking number.

 

7.4 What happens after the product has been returned?

The package will be sent to our warehouse and checked based on the information provided. Once this check is complete, the exchange or reimbursement procedure will be started and the Customer informed by e-mail. A maximum period of (3) weeks is required for reimbursement. Exchanges are sent within a maximum of two (2) weeks, subject to product availability in stock.
If an item is not considered defective after inspection, DIGITSOLE will not replace it. The Customer will be told why the product will not be replaced and DIGITSOLE will return the product to the Customer at the Customer's expense. The items in question will be kept for 30 days following the date the Customer was notified of the decision not to replace the items. Beyond this period, the items will be destroyed if DIGITSOLE has still not received the re-shipment costs from the Customer.

 

Article 8. Withdrawal:

8.1 Right of withdrawal:

In the event they are a consumer as defined by French law, the Customer is informed that they are entitled to a right of withdrawal valid for up to 14 clear days from the delivery of the product.

 

8.2 Information on exercising the right of withdrawal:

In your capacity as an individual, non-professional buyer, you may withdraw without giving a reason within a period of up to 14 days.

 

The withdrawal period expires 14 days after the day you, or a third party other than the carrier and designated by you, physically takes possession of the delivery.

To exercise the right of withdrawal, you must notify us (DIGITSOLE, 13 Rue Héré 54000 NANCY (France), serviceclient@digitsole.com) of your decision to withdraw from this contract with a clear, unambiguous statement (for example, letter sent by post, fax or e-mail).

 

You may also fill in and send us the withdrawal form template available on our website [insérer un lien vers la page du site où se trouve le formulaire].

If you use this option, we will immediately send you acknowledgement of receipt of the withdrawal on a durable medium (by e-mail, for example) with a return number to simplify the processing of your request.

To comply with the withdrawal period, simply send us your decision to exercise your right of withdrawal before the withdrawal period expires.

 

8.3 Effects of withdrawal:

In the event of withdrawal from this contract, we will reimburse all payments received from you, including the cost of delivery without undue delay and no later than 14 days from the day we are informed of your decision to withdraw from this contract.

 

Reimbursement will be via the same means of payment used for the initial transaction, except if you expressly request a different method. This reimbursement will not incur any costs for you.

We may defer reimbursement until we have received the item or until we have proof of shipment of the products, the date selected being the former.

You must return or give back the item, without undue delay, no later than 14 days after informing us of your decision to withdraw from this contract.

 

We cover the costs of returning the products in line with our product return charter [insérer un lien vers la page du site où se trouve la charte de retour produit].

Products must be returned protected in their original packaging, in perfect condition and accompanied with the original labelling.

Any products which are spoiled, damaged, dirty or with missing items will not be accepted for exchange.

You will be responsible for the depreciation of goods resulting from handling operations other than those required to define the type, features and proper function of our products.

 

Article 9. Guarantee and conformity:

 

All products sold by DIGITSOLE benefit from legal guarantees as stipulated in articles 1641 and 1648 of French Code civil legislation and, for consumers, guarantees stipulated in articles L. 211-4, L. 211-5 and L. 211-12 of French Code de la Consommation consumer law.

 

The guarantees apply subject to normal use of the products and strictly complying with the conditions of use for DIGITSOLE products [insérer un lien vers la page du site où se trouvent les conditions d’utilisation].

 

When the legal guarantee is complied with, the consumer:

- benefits from a period of two years from issue of the product before taking action;

- may choose between repair or replacement of the item, subject to cost conditions stipulated in article L. 211-9 of French consumer law;

- is exempt from providing proof of the existence of the nonconformance during a period of 24 months following issue of the product.

 

The legal conformance guarantee applies independently from any granted commercial guarantee.

 

The consumer may decide to exercise the guarantee against hidden defects in the items sold as stipulated in article 1641 of French Code Civil legislation and therefore may choose between annulment of the sale or a discount in line with article 1644 of the Code Civil.

 

In the event of nonconformance of a product sold, it may be returned to DIGITSOLE who will take it back, exchange it or reimburse it.

 

All complaints, exchange or reimbursement requests must be sent by post to the following address:

 

DIGITSOLE

13 rue Héré – Place Stanislas

54000 NANCY (France)

 

Article 10. Personal data:

10.1 Which information do we collect?

DIGITSOLE collects information whenever the Customer logs in to the online shop, places an order, subscribes to our newsletter or answers a survey.

When placing the order or logging in to our site, as applicable, the Customer may be asked to provide their name, e-mail address, postal address or credit card information.

 

10.2 What do we do with information collected?

All information collected from the Customer may be used in one of the following ways:

  • To process transactions;
  • To organise a competition, promotion, surveyor any other eventon the DIGITSOLE website;
  • To send periodicalemails;
  • To provide our Customer base with the best experience and best services possible, in particular viaour applications.

 

All information collected from the Customer, whether public or private, shall be neither sold, exchanged, transferred nor given to another company for whatever reason, without their agreement, except with the clear objective of delivering the product purchased or the service requested.

 

10.3 How do we protect your data?

DIGITSOLE uses different security measures to protect personal Customer information when they place an order.
DIGITSOLE provides a secure server for use. All sensitive information/credit card details are sent via a secure protocol 'Secure Socket Layer' (SSL) and then encrypted.
DIGITSOLE never keeps Customer payment information on its servers.
Article 11. Data confidentiality rules:

All data collected through our online shop and the application are processed in compliance with French and European law on the protection of personal data.

 

11.1 Customer consent

By using our site, the Customer agrees to the confidentiality policy on the DIGITSOLE website.

 

11.2 Changes to our confidentiality policy

Customers will be informed of any change to the DIGITSOLE confidentiality policy by displaying the changes on the same page.

Article 12. Brands – Domain names:

The products, including their packaging, are sold under the Digitsole brand name or under a brand name belonging to DIGITSOLE, with the exclusion of any other brand.

 

Article 13. Responsibility:

For all the phases of site access, from the ordering process to shipment of the package or subsequent services, DIGITSOLE has a best effort obligation only. DIGITSOLE may not be held liable for any inconvenience or damage inherent to the use of the Internet, in particular an interruption of service, external intrusion or the presence of computer viruses, or any other events defined as a force majeure by law.

 

Article 14. Customs duty:

All orders placed on the website and delivered outside France may be subject to taxes and customs duty imposed when the package arrives at destination.

These applicable customs duties and taxes associated with the delivery of an item are payable by the Customer and are their responsibility. DIGITSOLE is not responsible for verifying or informing its Customers of the applicable customs duties and taxes. The Customer is responsible for contacting the authorities of their country.

 

Article 15. Data protection:

In compliance with French legislation of 6 January 1978, the Customer has a right to access and rectify all information about them contained on file within DIGITSOLE.
This data protection is subject to a declaration with CNIL [French data protection commission] number AI30365823n.

 

Article 16. Partial invalidity:

In the event one of the clauses of these general conditions is declared null and void due to a change in legislation, regulations or court ruling, under no circumstances does this affect the validity and compliance with these general conditions of sale.

 

Article 17. Contractual relations:

These general conditions of sale and the order summary sent to the Customer form a contractual pairing and constitute the full contractual arrangement between the parties.

 

Article 18. Modification to the general conditions of sale:

DIGITSOLE reserves the right to modify the General Conditions of Sale. Any new version will be notified by displaying the modifications on the same page.

 

Article 19. Force Majeure:

Company execution of all or part of its obligations shall be suspended in the event of an act of God or force majeure susceptible to hinder or delay the execution. These cases are defined as those recognised under French law. In the event of an act of God, DIGITSOLE shall inform its Customers within seven (7) days by e-mail.
Article 20. Applicable law

DIGITSOLE is a company under French law. Customers placing orders via the Digitsole online shop are considered as making their purchase in France. These conditions and the associated sales are subject to French law.

 

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