CGV
Effective from 05/10/2022
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the site www.delta-board.comThe Products offered for sale on the site are as follows:
Deltaboard naked- Packs
Deltaboard holds for theDeltaboard - Accessories for the
Deltaboard - Derivatives
Deltaboard - There
Deltabase and its derivative products
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.delta-board.com which the customer is required to be aware of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed. These T&Cs are available at any time on the website. www.delta-board.com and will prevail over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by implementing the online ordering procedure on the site. www.delta-board.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
- Delta SAS
- 149 Avenue du Maine, 75014 Paris
- E-mail address : info@delta-board.com
- Telephone: 06 46 44 32 05
- Share capital of 15,000 euros
- Registered with the Paris Trade and Companies Register under number 8909014322
- VAT identification number: FR64890901432
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 2 – PRICE
The Products are provided at the current prices shown on the site www.delta-board.com, when the order is registered by the Seller. Prices are expressed in Euros including all taxes
The prices take into account any reductions that may be granted by the Seller on the site www.delta-board.comThese prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
Please note: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the site www.delta-board.com the Products that he wishes to order, according to the following terms:
The customer chooses a product which he places in his basket, a product which he can delete or modify before confirming his order and accepting these general conditions of sale.The customer will then enter their contact information or log in to their account and select the delivery method. Once the information has been validated, the order will be considered final and will require payment from the customer according to the terms and conditions provided.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the site www.delta-board.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Pre-orders:
Certain Products may be offered for Pre-Order on the Site before their official release date.
The Customer may place a Pre-Order, it being specified that he acknowledges having read the indication of the release date announced at the time of opening of the Pre-Order phase.
Being solely responsible for the marketing of our Products, the Seller reserves the right to modify this release date at any time.
In the event that certain Products are pre-ordered on the Site, the Pre-Order will be paid for as a standard order, regardless of the rest of the basket which may contain other items in standard order. Only delivery is deferred to the announced release date.
Delivery of the Product will be effective a few days after the official release date.
ARTICLE 4 - PAYMENT CONDITIONS
The price is paid by secure payment, according to the following terms:
- Payment by credit card
- Payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the site. www.delta-board.com.
Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
Payment in installments with Alma
Payment by installments/deferred payments is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Amount of purchases
- P2X: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
- P3X: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
- P4X: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
Costs
By paying in installments with Alma, the Customer does not pay any fees.
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination
Any termination of the General Terms and Conditions which bind the Seller and the customer, results in the termination of the General Terms and Conditions between Alma and the customer.
ARTICLE 5 - DELIVERIES
The products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page.
In the event of an order to a country other than mainland France, the Customer is the importer of the product(s) concerned. Customs duties or other local taxes, import duties, or state taxes may be payable. These duties and sums are not the responsibility of the Seller. They will be borne by the Customer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in their country.
Delivery consists of the transfer to the Customer of physical possession of the Product. Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in one delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above.
If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
When the Customer has himself arranged for a carrier of his own choosing, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no right of recourse under warranty against the Seller in the event of failure to deliver the transported goods.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. They have 14 days from delivery to make complaints by email, accompanied by all relevant supporting documents (photos in particular).
After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
The transfer of risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk unless the Customer has chosen the carrier himself. As such, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code “ The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
- From the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
- From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
The right of withdrawal can be exercised online by sending us an email to the address info@delta-board.com or a letter to the postal address indicated in ARTICLE 1 of the T&Cs, unambiguously, expressing the wish to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this case, the Customer is responsible. Damaged, soiled, or incomplete Products will not be accepted.
Return costs are the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
The refund will be made via the same payment method used when ordering.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The Products supplied by the Seller benefit from:
- of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
" The property complies with the contract:
- If it is suitable for the use usually expected of a similar good and, where applicable:
- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model
- If it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; - Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
" The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods. »
Article 1641 of the Civil Code.
" The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »
Article 1648 paragraph 1 of the Civil Code
" The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. »
Article L217-16 of the Consumer Code.
" When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect. This refund will be made via the same means of payment as that used when ordering.
The Seller shall not be held liable in the following cases:
- Failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
Personal data collected on the site www.delta-board.com are as follows:
Product Order
When ordering Products by the Customer:
Names, first names, postal address, telephone number and email address.
Payment
As part of the payment for the Products offered on the site www.delta-board.com, this records financial data relating to the Client/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
- Transport providers
- Payment institution providers
9.2 Recipients of personal data
The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
The Seller can be contacted at the following email address: info@delta-board.com
9.4 Limitation of processing
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Implementation of Customer and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the sitewww.delta-board.com have the following rights:
- They can update or delete data concerning them in the following ways:
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client's request, reasons must be given.
The Client is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box to agree to receive informational and advertising emails from the Seller. The Customer may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site www.delta-board.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law. These General Terms and Conditions are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.
The Client is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Client is also informed that he can also use the Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.