General Terms and Conditions

Effective as of 05/10/2022

ARTICLE 1 - SCOPE OF APPLICATION

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing acquire the products offered for sale (“The Products”) by the Seller on the site www.delta-board.com. The Products offered for sale on the site are as follows:

  • Deltaboard naked
  • Packs Deltaboard
  • holds for Deltaboard
  • Accessories for the Deltaboard
  • Derived products Deltaboard
  • The Deltabase and its derived 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 read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are within the limits of available stocks, as specified during the the placing of the order. These T&Cs are accessible at any time on the site www.delta-board.com and will take precedence over any other document.

The Customer declares to have read these T&Cs and to have accepted them by implementing the online ordering procedure of the site www.delta-board.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes the proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

  • Delta SAS
  • 149 Avenue du Maine, 75014 Paris
  • Email address: info@delta-board.com
  • Telephone: 06 46 44 32 05
  • Share capital of 15,000 euros
  • Registered with the Paris RCS, 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 supplied at the prices in force appearing on the site www.delta-board.com, when the order is registered by the Seller. The prices are expressed in Euros including all taxesholds (VAT and other taxes applicable to day of the order).

The prices take into account any reductions which may be granted by the Seller on the site www.delta-board.com. These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing costs , shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.

The payment requested to the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

Attention: from that you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

ARTICLE 3 - ORDERS

It is up to the Customer to select on the site www.delta-board.com the Products he wishes to order, according to the following terms:

The customer chooses a product which he places in his basket, product which he he may delete or modify before validating his order and accepting these general conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the customer according to the terms provided.

Product offers are valid as long as they are visible on the site, within the limits of the stocks available.

The sale will only be considered valid after full payment of the price. It is up to the Customer to verify the accuracy of the order and to immediately report any error.

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 problem supply, or in the event of difficulty regarding the order received.

Pre-orders:

Certain Products may be offered for Pre-Order on the Site before their official release date.

The Customer can place a Pre-Order, it being specified that he acknowledges having read the indication of the release date announced at the time of opening 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 as a classic order, independently of the rest of the basket which may contain other items in a classic 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 method, 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.

The payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider intervening for banking transactions carried out on the site www.delta-board.com.

Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

Payment in installments with Alma

Payment in installments/deferred payment is available via 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.

Fees

By paying in several 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 T&Cs which bind the Seller and the customer, results in the termination of the T&Cs 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 validation 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 or import duties or state taxes may be payable. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the Customer and are their entire 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 unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the written request of the Customer. Customer under the conditions provided for 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 at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted by written by the Customer.

The Customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to make complaints by email, accompanied by all relevant supporting documents (photos in particular).

After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its 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 the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - TRANSFER OF PROPERTY

The transfer of ownership of the Products from the Seller to the Customer will only be carried out 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 canvassing or outside the establishment, without having to justify its decision or to bear 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:

  • On the conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4;
  • 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 pieces whose delivery is spread over a defined period, the deadline runs from receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period runs from 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 by mail to the postal address indicated at ARTICLE 1 of the General Conditions of Sale, unambiguous, expressing the desire to retract.

Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, the Customer's responsibility is engaged. Damaged, soiled or incomplete Products are not returned.

Return costs are the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for 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 not corresponding to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with 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 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 it 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 public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
  • Or if it has the characteristics defined by mutual agreement between 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 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 thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser amount prices, if he had known them. »

Article 1648 paragraph 1 of the Civil Code
« The action resulting from redhibitory defects must be brought by the purchaser within two years from the date of discovery of vice. »

Article L217-16 of the Consumer Code.
« When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days comes be added to the duration of the warranty which remained to run. This period runs from the buyer's request for intervention or 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 post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made within 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 payment method as that used when ordering.

The Seller cannot be held liable in the following cases:

  • Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
  • 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 liability of the Seller.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purposes of delivery of the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of personal data

The 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, it records financial data relating to the bank account or credit card of the Customer / user.

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 effectiveness 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 Customer 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 period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures in terms of digital security 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 on the Internet.

9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the sitewww.delta-board.com have the following rights:

  • They can update or delete the data that concerns them in the following way:
  • 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 an update of the information 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 can 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, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by post or e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to grant the request of the Customer, this must be motivated.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority .

The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement 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 offense of counterfeiting.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These General Conditions of Sale and the operations resulting from them are governed by and subject to French law. These General Conditions of Sale are drawn up in French.

In the event that they are translated into one or more foreign languages, only the French text would 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 General Terms and Conditions.

The Customer is informed that he can in any case 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 Customer 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 relating to purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.