Terms of use

1.Définitions

« Customer » : Any User who makes a purchase on the Website.

« Démodé » : The company Démodé, a simplified joint-stock company with head office at 15, rue Saint Benoît, 75006 Paris, registered in the Paris Trade and Companies Register under number B 819 837 493 R.C.S. Paris, with European VAT number FR 85 819 837 493.

« Website » : This retail website (www.demode.fr), the purpose of which is to sell items online to natural persons.

« User » :Any internet user who connects to the Website.

« Order validation » : The firm, definitive confirmation of the order by the Customer, which requires acceptance of the Terms of Sale.

2.Purpose

These Terms of Sale govern the contractual relationship between Démodé and the Customer and are applicable to all orders placed via the Website. They exclusively govern the contractual relationship between Démodé and the Customer who makes a purchase on the Website.

3.Opposability of Terms of Sale

The Customer declares that he or she is aware of and understands these terms of sale.

Any sale of products by Démodé is subject to these Terms of Sale. The placement of an order on the Website implies the Customer’s full and unreserved compliance with these Terms of Sale.

With regard to this, the Customer may download, save and reproduce the Terms of Sale. The contract of sale for a product bought on the Website is made up of the Terms of Sale in effect at the time of order and the order form.

The Customer declares to be fully informed that his or her agreement with the content of these Terms of Sale does not require a handwritten signature on this document; agreement is implied when he or she places an order.

Acceptance of these Terms of Sale is substantiated by a double click after they have been read. This double click constitutes proof that the Customer is aware of the provisions of the Terms of Sale and that he or she accepts them irrevocably.

These Terms of Sale prevail over any other general or particular term or condition not expressly approved by Démodé. If Démodé chooses not to invoke any of the provisions of these Terms of Sale at any time, this does not constitute a waiver of the right to invoke these provisions at a later date. Démodé reserves the right to modify these Terms of Sale at any time. In this event, the modifications will be applicable to sales made after the modified Terms of Sale are added to the Website.

4.Capacity

The purchase of products sold by Démodé is not considered a day-to-day act authorised by legislation or by usage under the provisions of article 1148 of the French Civil Code. Therefore, the Customer declares to have the capacity to enter into a contract under the conditions described below or, in other words, to be an emancipated minor of legal age and not to be protected under article 425 of the French Civil Code.

5.Products for sale online

Products offered for sale online are those presented on the Website. Products are described by Démodé with the help of descriptive details and photos on the Website, which are as accurate as possible. However, Démodé informs the Customer that, however much care is taken, photographs are not guaranteed to be an exact likeness of the product for sale, especially in terms of colours. Differences may result from the colour quality of the photographs, the inability to show the materials’ finish on the screen, technical adaptation, or various other causes. Under no circumstances may these differences be interpreted as compliance faults, lead to the cancellation of the sale, or engage Démodé’s responsibility.

Any order implies the express, irrevocable acceptance of the product description. Before placing an order, the Customer must check that the ordered product can be shipped to his or her home easily, taking into account its weight and volume. Customers should especially make sure that the product can fit through all necessary doors and corridors. Deliveries will not be made through a window. The inability to deliver the product due to access conditions to the Customer’s home does not fall under the responsibility of Démodé.

6.Product unavailability

Product offers and prices displayed on the Website are valid for as long as they appear on the Website, subject to stock availability. Should a product become unavailable, Démodé will inform the Customer as soon as possible by email or telephone. The Customer may confirm the order and accept a longer delivery time or request a refund for the product based on the price charged. Product unavailability does not fall under Démodé’s responsibility.

7.Prices

The prices of the products offered for sale on the Website are expressed in euros (€). They are displayed including all taxes (including VAT), except for Customers who have provided a delivery address located outside the European Union, in which case prices are displayed before tax. They are guaranteed except in the case of a typographical or printing error and are only valid on the Website. These prices do not include postage and packaging fees, which will be indicated before the order is validated definitively by the Customer. Product prices may be modified at any time by Démodé without prior warning to the Customer. Products will be sold based on the prices in effect at the time the order is validated. Any order implies the express, irrevocable acceptance of the product prices.

8.Ordering

Before making a purchase on the Website, the Customer may register on the website and create a personal account. All stages of the sale are clearly identified on the Website, in accordance with the provisions of article 1369-1 of the French Civil Code. The contract process is made up of the following stages:

  • Stage 1: selection and validation of products. At this stage, the Customer may modify and correct the order;
  • Stage 2: Customers without a personal account must fill in the obligatory fields in the identification and details forms. Customers with a personal account must confirm the obligatory fields in the identification and details forms (after logging in to said account);
  • Stage 3: Customers without a personal account must enter a delivery address. Customers with a personal account must check the delivery address or indicate a new one;
  • Stage 4: Consultation of Terms of Sale;
  • Stage 5: Acceptance of all Terms of Sale;
  • Stage 6: Summary of basket, total to pay (including VAT and postage and packaging) and choice of payment method;
  • Stage 7: Payment.

Through this process, the Customer can check the details of the order and its total price and correct any errors before definitively validating the order. The order is only registered definitively after the Customer’s validation of his or her agreement to pay and the bank’s acceptance of the transaction. The Customer’s order summary is available as a printable version. Once the order is registered, the Customer will receive a confirmation email with the key parts of the order, including the order no., the list of products ordered and price details. The details provided by the Customer during the order process and the recorded confirmation of the order are considered proof of the transaction. Démodé reserves the right to reject any order from a Customer with whom there is an existing dispute ongoing regarding the payment of a previous order.

9.Payment

Payment can be made on the website via (i) PayPal or (ii) exclusively the following types of bank card: VISA, MASTERCARD or American Express, to the exclusion of all other payment methods.

10.Payment security

To ensure maximum security, Démodé works with the Ingenico ePayments system, which secures all phases of payment between the buyer and the bank. Every stage is encrypted and protected. SSL protocol is used, as well as an electronic payment system. This means that information linked to the order and the card number will not circulate on the internet.

11.Invoice

Invoices are available on the website in the Customer’s account via “My orders”. They are also sent via email to the email address indicated during the order process. Démodé accepts no responsibility for any spelling errors or typos on the invoice.

12.Delivery

The delivery area is the European area plus the rest of the world. The products will be sent to the delivery address indicated by the Customer during the order process. Delivery fees are calculated according to the weight and volume of the package and the destination country. Delivery of the order is carried out by LA POSTE COLISSIMO and STUART (Paris only). Once the order is dispatched, the Customer will be informed by email or by SMS. Démodé strives to ensure a delivery time of less than 15 days.

However, as this time is provided on an indicative basis only, it may be extended. If the delivery takes 30 days or more, the Customer may request the termination of the contract of sale via registered letter with acknowledgement of receipt. Should the contract of sale be terminated, Démodé will refund the Customer within 14 days of receiving the contract termination request.

Any delivery delay must be communicated to Démodé within 21 working days of dispatch, so that the carrier can make the necessary inquiries.

It is stated that the orders saved on the www.demode.fr website on a Friday afternoon, Saturday or Sunday are processed the following Monday. Orders registered on the www.demode.fr website on a bank holiday other than a Friday, Saturday or Sunday are also processed the following working day.

For deliveries via LA POSTE COLISSIMO

The order will be delivered at the time at which the postman usually passes between Monday and Saturday at the address indicated, and will require a signature. If you are not at home or it is not possible to deliver your package, the postman will leave a non-delivery notice with the date and the address of the post office where you can pick up your package upon presenting ID.

You have 15 days from the date mentioned on the non-delivery notice to pick up your package. After this time, it will be sent back to the sender. You can track your package at any time, by entering the number sent to you by email on the Colissimo or Chronopost website.

For deliveries via STUART

Démodé products may be delivered throughout Paris and the Paris Region. This service is available from Monday to Friday (except holidays).
We invite you to order online before 6pm, the day before your selected delivery day.
Subject to availability of our products, you can place order online between 9:30am and 4pm, and have it delivered on the same day.

If the recipient is absent

In order to enable the most efficient delivery service possible for your order, it is important to provide complete information to the delivery address including, but not limited to: door code, building number, floor, and doorman information. Démodé will not be held responsible for merchandise that is not received due to an incorrect or incomplete address or due to the absence of the recipient. In case of absence by the recipient, the delivery person will try to reach him by phone. If he is not reachable, the delivery person will give the order back to the store or our head office.

13.Withdrawal

Should the item(s) leave the Customer unsatisfied, he or she has a legal withdrawal period of fourteen (14) clear days, counting from the day of delivery, to return it, in accordance with article L 121-20-12 of the French Consumer Code. If this period of fourteen (14) days expires on a Saturday, Sunday or bank holiday, it will be extended until the next working day. To make the return, the Customer must print out a return note by logging into his or her account then clicking on “My orders”, add it to the item(s) being returned and attach the dispatch label found in the package. Address for returns: Sauerbrei Logistique / Démodé service retour 11 rue de la Marne 7400 SAINT THIBAULT-DES-VIGNES. The product must be returned in its original packaging in perfect condition. Soiled, damaged, scratched, stained or washed products will not be accepted by Démodé. In this case, the package will be returned to the Customer and the return fees will be at the Customer’s expense. If the return is accepted by Démodé, you will be refunded within fourteen days of Démodé receiving the item and confirming its compliance, in accordance with the provisions of article L. 121-21-4 of the French Consumer Code.

Return fees are at the Customer’s expense, except for the following countries: Metropolitan France, Albania, Germany, Austria, Belgium, Spain, Finland, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Poland, Czech Republic, United Kingdom, Slovenia, Slovakia.

14.Transfer of ownership/transfer of risks

The transfer of ownership to the Customer will only be complete once the Customer pays in full for the order, no matter when the product(s) are delivered. However, the risks of product loss or damage will be transferred to the Customer as soon as the Customer receives the products. It is the Customer’s responsibility, in the event of any damage or loss upon delivery (e.g. damaged parcel, already open), to express any reservations and seek a solution from the postal service.

15.Guarantee

Démodé commits to guaranteeing the compliance of its products in accordance with articles L211-4 and onwards of the French Consumer Code and to replace or refund any item with a hidden defect, in accordance with articles 1641 and onwards of the French Civil Code.

To be compliant with the order, the item must correspond to the description given on the Website and possess the characteristics presented or the characteristics a buyer may legitimately expect, taking into account the public declarations made by the seller, the manufacturer or its representative, especially in its advertising or labelling. In accordance with article L211-11 of the French Consumer Code, return fees will be refunded upon presentation of supporting documents after the product is returned, if the compliance fault is confirmed.

The Customer is therefore asked to keep any receipts for the return. Otherwise, if the Customer does not provide a supporting document, a refund will be made at the basic parcel postal rate. The provisions of this article are without prejudice to the right of withdrawal described above.

Reminder of articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and articles 1641 and 1648, first paragraph, of the French Civil Code:

Article L.211-4 of the French Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

Article L.211-5 of the French Consumer Code: “To conform to the contract, the product must:

  • 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
  • 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

Article L.211-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product.”

Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”

Article 1648 of the French Civil Code, first paragraph: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”

16.Responsibility

Démodé will not be held responsible for any inconvenience or damage resulting from the use of the internet, including a service interruption, external intrusion or computer virus.

Démodé denies any responsibility for the content of websites to which links on its Website might send the User.

Moreover, Démodé is exempt from responsibility for any non-compliance with its contractual obligations due to force majeure or unforeseen circumstances. Force majeure is considered to be any event that occurs independently of Démodé’s or the Customer’s will that partly or completely prevents the contractual obligations from being fulfilled. Other than those usually accepted by case law, cases of force majeure or unforeseen circumstances include total or partial strikes, whether inside or outside of Démodé, lockouts, epidemics, earthquakes, fires, storms, floods, water damage, disruption of means of transport or procurement, governmental or legal restrictions, and electronic communication system failures.

In the event of force majeure or unforeseen circumstances, Démodé commits to informing the Customer within seven (7) days of it occurring. If this disruption continues for longer than fifteen (15) days, the Customer may request the cancellation of the order.

17.Intellectual property

All items on the Website are and will remain the exclusive intellectual property of Démodé. The Customer is not authorised to reproduce, exploit, disseminate, or use, even partially and for any reason, the items on the Website, whether they be software, visual or audio. All texts, images, designs and layouts on this Website, as well as its graphic identity, are protected by intellectual property law.

Copying, extracting, disseminating, modifying or adapting the Website’s content is forbidden. Downloading and printing text, images and graphic elements is authorised only for private, non-commercial use. The reproduction of designs, images, audio files, video sequences and texts in other electronic or printed publications requires Démodé’s prior written consent. Any use without authorisation will be considered counterfeit and will be punished accordingly. The brands and logos that appear on the Website are registered trademarks.

Any total or partial reproduction of these brands and/or logos from items on the Website without express authorisation from Démodé is considered counterfeit and punished in accordance with articles L.335-2 and onwards of the French Intellectual Property Code.

The databases established by Démodé are protected by copyright and by the law of 1st July 1998 that transposed the European directive of 11th March 1996 regarding the legal protection of databases into the French Intellectual Property Code. Extractions must be limited and carried out for private use. Any simple links or hyperlinks are strictly forbidden.

18.Data protection and registration

Simply consulting the Website does not require registration or identification with Démodé.

The (optional) creation of a personal account will lead to the recording and computer processing of personal data and the communication of IP addresses to Démodé. This file is registered with the CNIL (French data protection authority) under no. 2091652, in accordance with French Law no. 78-17 of 6th January 1978 regarding data protection, modified in 2004. This recording and processing takes place so that Démodé can process the order and ensure delivery to the Customer. This data is exclusively for Démodé’s use, but may be communicated to its partners if the Customer agrees to this by ticking the box for this purpose during the order process. Under no circumstances will this data be passed on to third parties.

In accordance with French Law no. 78-17 of 6th January 1978 regarding data protection, modified in 2004, the Customer has the right to access, rectify, modify and delete any information that concerns him or her. This right may be exercised by contacting Caravane Web, which is responsible for this processing: • By post: Démodé, 15 rue Saint Benoît – 75006 Paris • By email: contact@demode.fr Should a Customer oppose the processing of his or her data, he or she will not be able to place an order.

19.Archiving

In accordance with the provisions of article L134-2 of the French Consumer Code, Démodé will archive order forms and invoices on a reliable, durable medium, constituting a faithful copy. Orders for an amount over €120 will be archived and kept by Démodé for 10 years. Démodé’s computer records will be considered by both Démodé and the Customer to be proof of the communication, orders, payments and transactions between Démodé and the Customer.