Terms of Sales

APPLICATION OF THE GENERAL CONDITIONS OF SALE

The relationships between:

the company DACO France SAS, simplified joint stock company, with capital of €167,750 euros whose head office is located at Antony, 8 rue Luigi Galvani (92160), registered in the Nanterre Trade and Companies Register under number 300 482 916 (hereinafter “DACO France”). Its intra-community VAT number is: FR 18 300 482 916.

and any consumer within the meaning given by French law and jurisprudence (hereinafter the “Buyer”), browsing the merchant website available at the address www.dacobello.com (hereinafter the “Site”) ) operated by DACO France and placing an order for DACO France products available on the Site (hereinafter the “Product”), are governed by these General Conditions of Sale (hereinafter the “CGV”).

The Buyer is invited to carefully read the General Terms and Conditions which can be consulted at any time via a hyperlink present on all the pages of the Site.

Prior to any transaction, the Buyer must read the General Conditions of Sale and confirm his acceptance of the General Conditions of Sale by checking the box “I accept the General Conditions of Sale”.

DACO France reserves the right to adapt, modify or update the General Terms and Conditions at any time.

The General Terms and Conditions applicable to an order are those in force on the day the order is confirmed by the Buyer.

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations retain all their validity. strength and scope.

The fact that one of the Parties does not rely on the other Party for a breach of any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

ORDER CONDITIONS

The Buyer may place an order for Products offered for sale on the Site provided that he has the legal capacity to contract.

Minors will not be able to place orders on the Site.

As part of the order process, the Buyer guarantees the accuracy of the information he provides and guarantees that he has the capacity to contract. .


The Buyer undertakes not to resell the Products.

Failure by a Buyer to comply with the conditions of article 2 gives DACO France the right to refuse the order.

When the Buyer's order concerns a sum equal to or greater than 120 euros, DACO France ensures the conservation of the writing via the software package [to be completed] which records it for a period of 10 years and guarantees it at any time access to the Buyer if the latter requests it.

PRODUCTS

DACO France indicates on each page of the Site relating to a Product the essential characteristics of the Product and its price. The characteristics mentioned on each product page are those communicated to DACO France by the suppliers of the Products. DACO France cannot be held responsible for any consequences linked to this information.

The images and/or colors of the Products on the Site may not correspond to the actual colors of the Products. They are only indicative and have no contractual value.

DACO France may modify at any time the assortment of Products and services offered for sale on the Site, without prejudice to orders placed by the Buyer.

The Buyer acknowledges having all the information necessary for his order and its validation.

The offers presented by DACO France are valid as long as they are announced on the Site and while stocks last. If a Product is not available, DACO France undertakes to inform the Buyer as soon as possible, either when establishing the order or after recording the order and before delivery by email.

In the event of total or partial unavailability of the Product after placing the order, the Buyer will be informed by email of the delivery of a partial order or of the cancellation of their order.

In the event of unavailability of the Product, the amount of the order will be recalculated and the Buyer will be debited for the new amount, less the missing products.

PRICE

Prices are quoted in euros all taxes included. The price is payable in full and in a single payment when ordering.


DACO France reserves the right to modify its prices at any time but undertakes to apply the prices which will have been indicated at the time of confirmation of the order by the Buyer, subject to the availability of the Products on that date.

The price of the Products does not take into account the shipping costs relating to the delivery of the Products which will be invoiced in addition (except for deliveries exceeding €35 including tax, the costs being borne by the Buyer).

These shipping costs will be displayed automatically when the Buyer validates the order.

ORDER CONDITIONS

Non-compliance by the Buyer with the obligations subscribed to under the terms of the General Conditions of Sale, any incident of payment of the price of an order, actions contrary to the interests of DACO France, the provision of false information when creating the account, may result in the suspension of access to the DACO France service, or even the termination of one's account depending on the degree of seriousness of the actions in question, without the possibility of claiming damages or compensation of any kind from the company DACO France. DACO France reserves the right to refuse any order from a Buyer with whom there is such a dispute, even if the latter uses a new account.
ORDERING PROCEDURE

Orders placed on the Site are delivered only in mainland France (Corsica included), in Monaco only in French.

Order on the Site by the Buyer

Entering the order involves several steps which must be validated:

Step 1: selection of the Product(s)
The Buyer selects one or more Product(s) offered on the Site, which will be added to the basket. By validating their basket, the Buyer initiates the order process.

Step 2: identification
The Buyer then identifies himself on the Site by specifying his name, first name, email address and password. The Buyer undertakes to communicate the exact data of his identity.
The Buyer must click on “register”.

Step 3: selection of the billing address
The Buyer then enters their billing address and delivery address then clicks on “continue”.

Step 4: choosing the delivery method
The Buyer must choose one of the delivery methods offered to them, namely home delivery by La Poste, then click on “continue”.

When choosing the delivery method, the Buyer is informed of the amount of delivery costs and delivery times.

Step 5: order summary and payment
A reminder of the order is displayed specifying in particular the essential characteristics of the order, the quantity, the unit price of the Products and their availability, any delivery costs and the overall amount of the order.

The Buyer must read these General Terms and Conditions which will be available by means of a hyperlink and check the box “I accept the General Conditions of Sale”.

The Buyer selects their payment method by bank card issued on an account domiciled in Metropolitan France, through a Visa card, an American Express or a MasterCard card.
The Buyer must enter their bank card number, expiration date and visual cryptogram. By making this payment, the Buyer guarantees that he is fully authorized to use the payment card for the payment of his order and that this card provides access to sufficient funds to cover all costs resulting from this order.
By providing credit card details, the Buyer accepts that DACO France carries out the secure transaction.
Then, the Buyer is automatically switched to the payment server of the company Pay Plug, in its capacity as payment provider of DACO France, which is subject to security by the financial partner of Daco France and/or receives a Bank verification SMS.

Then, the Buyer clicks on the “Validate payment” button validating the order, the General Terms and Conditions and conclusion of the sales contract.

It is up to the Buyer to save and print their payment certificate if they wish to keep the banking details relating to their transaction.

It is specified that the order is only validated and shipped after confirmation of the validity of the payment made by the Buyer.
In the event that, for whatever reason (exceeding the order limit, opposition, refusal of the issuing center to authorize payment, etc.), the debit of the sums due by the Buyer proves impossible, the order will not be recorded by DACO France which will inform the Buyer without delay by email. DACO France then reserves the right to suspend or cancel any order and/or delivery.

In any case, the Buyer may return and view all the stages of the order, at any time, before final validation of payment, in order to modify or cancel it by pressing the “Modify the order” button. order ".

Confirmation of the order by DACO France

After confirmation of the order by the Buyer under the conditions mentioned below, a summary of the order is displayed summarizing all the essential conditions of the order, including the order references.

DACO France also indicates to the Buyer that a confirmation email will be sent to them as acknowledgment of receipt of the order.

DACO France sends, to the email address provided by the Buyer, an order confirmation email as soon as possible following validation of payment. This email serves as acknowledgment of receipt of the order and details all of the essential conditions of the order, namely:

the order reference;
the identity and contact details of the Buyer;
the nature, quantity and price of the Products;
reminder of delivery times, costs, terms and possible restrictions;
the total amount of the order (including delivery costs);
information relating to the identity of DACO France and its contact details;
the rights and guarantees of the Buyer as recalled in article 10 of the General Conditions of Sale and the conditions, deadlines and methods of exercising his right of withdrawal recalled in article 7.1. of these General Terms and Conditions
the withdrawal form;
where applicable, the fact that the Buyer bears the costs of returning the Product in the event of withdrawal;
the invoice, proof of confirmation of payment;
the mention that an email specifying the package number linked to the order will be sent to the Buyer when the order is shipped.

In the event of suspicion of the fraudulent nature of an order, DACO France reserves the right to request, as quickly as possible, additional documents from the Buyer in order to verify the non-fraudulent nature of the order.

If the Buyer does not respond to this request within 14 days of sending this request, the order will be canceled.

DACO France will then proceed, within 14 days from receipt of the request to cancel the request, to reimburse the order according to the payment method used by the Buyer.

Order shipping

Orders are processed within a maximum of 2 working days (excluding Saturdays, Sundays and public holidays) from confirmation of the order.

Please note that the order is only shipped to the Buyer after confirmation of the validity of the payment made by the Buyer.

Once the order has been validated and confirmed, it is shipped to the delivery address provided by the Buyer during the order.

The shipment is the subject of an email addressed to the Buyer under the terms of which DACO France specifies:
the package number so that the Buyer can be aware of its tracking,
the nature, quantity and price of the Products,
the total amount of the order,
billing and delivery details,
information relating to guarantees as recalled in article 10 of the General Terms and Conditions, to the functionalities of digital content,
the rights of the Buyer and in particular the reminder of the conditions, deadlines and methods of exercising his right of withdrawal recalled in article 7.1. of these General Terms and Conditions accompanied by the withdrawal form.

DELIVERY AND RECEIPT

Delivery terms

It is stipulated that :

home delivery is carried out exclusively with the company La Poste.

In the absence of the Buyer at home during delivery and if the package is returned to the sender, a second delivery will be made.
If the package is returned again, it will no longer be returned to the Buyer and the amount corresponding to this order will be refunded to the Buyer, apart from the delivery costs incurred by DACO France (delivery costs of €4.95) .

Shipping costs may be added to the prices indicated for the products (amounting to €4.95). For all orders over €35, delivery costs are free.

delivery time

DACO France undertakes to deliver the Products ordered by the Buyer within a maximum period of 15 working days (average observed period of 4 working days) from the day following that on which the Buyer validated his order, subject to complete payment of the price.

However, delivery times cannot be guaranteed in the event of a force majeure event and also in the event of a strike external to DACO France.

The Buyer must notify DACO France of any delay in delivery as quickly as possible on the contact form available here. DACO France will then launch a survey of its service providers.

If during this investigation, the order is found, it will be immediately redirected to the delivery location designated in the order.

If delivery has not been made within 15 working days from confirmation of the order, the Buyer may request reshipment of the order by DACO France by formal notice sent by registered letter with acknowledgment of receipt. .


If DACO France has not complied within a reasonable time from receipt of the letter of formal notice, the Buyer may terminate the contract by registered letter with acknowledgment of receipt, thus canceling the order.

The sums paid by the Buyer will be fully reimbursed within 14 days from the date on which the contract was terminated.

Receipt of delivery

Delivery of the order is deemed to have been made upon delivery of the Products to the Buyer, evidenced by the signing of a delivery note or the signature of the parcel relay receipt by the Buyer.

Upon delivery, the Buyer will receive an invoice detailing the price of the Products ordered, the delivery costs charged to him as well as a return form allowing him to exercise his right of withdrawal and obtain a refund for the Products. or to exchange them.

Please note that under Article L. 216-4 of the Consumer Code, any risk of loss or damage to the Products is transferred to the Buyer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these Products.

The Buyer is expressly informed that it is his responsibility, upon delivery of the package, to check its general condition (damage, damaged package, etc.) as well as its contents and to ensure that it complies with its order (nature, number, etc.).

In the event of Products damaged or not corresponding to the order, the Buyer must make his comments or reservations express and written on the delivery note or the parcel relay receipt and notify him within a maximum period of two (2 ) days to DACO France by email to dacobello@dacobello.com. DACO France will immediately contact the Buyer to indicate the steps to follow. The Buyer must reship, within one week, the complete, unused Products, in their original packaging. The return is made by post, accompanied by the return slip possibly communicated by DACO France and the invoice, indicating the reason for refusal on the return slip or on the invoice, to the following address: DACO France – Returns – 3727 rue des Antonins – 78660 ABLIS.

The Buyer will have the proof of deposit stamped, which he will keep.
In the event of non-compliance with the return conditions above, the return is considered canceled and the Buyer must keep the product.

After receipt of the Products and verification of the non-conformity and/or defect claimed, DACO France will proceed, at the Buyer's choice, either (i) to a new delivery in accordance with the order within the limit of available stocks, or (ii) the exchange of the Product with a similar product or (iii) the cancellation of the order, without this entailing the slightest cost borne by the consumer.


In the event of cancellation of the order, DACO France will reimburse the sums paid by the Buyer, including return costs, within a maximum period of thirty (30) days from receipt by DACO France. No other compensation may be claimed from DACO France.

Under the terms of article L. 217-13 of the Consumer Code, the existence of the action to guarantee conformity cannot have the effect of depriving the consumer of the right to exercise the action to guarantee hidden defects. as it results from articles 1641 et seq. of the Civil Code.

Upon receipt of delivery confirmation by Post or Mondial Relay, a satisfaction form will be sent to the Buyer by email.

RETURNS AND RIGHT OF WITHDRAWAL

The Buyer has a period of 14 days from the date of receipt of the Products to exercise their right of withdrawal and request an exchange or refund of all or part of their order without having to provide reasons.

The withdrawal period runs from the day after receipt of the products. If this 14-day period normally expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

The Buyer must make their withdrawal request by completing the standard withdrawal form available here or by sending an email including the same information as the standard withdrawal form to the address dacobello@dacobello.com.

DACO France informs the Buyer by e-mail of the receipt of his withdrawal request upon receipt of said request.

The Buyer must then follow the instructions given to him in this email to return the Products. In particular, the Buyer will have a period of 14 days from sending his withdrawal request to return the Products to the following address: DACO France – Retours – 3727 rue Antonins – 78660 ABLIS.

In addition, it is reminded that for goods which cannot be sent by standard La Poste mail, the Buyer must bear the costs of returning the Products subject to withdrawal.

The Products can only be taken back by DACO France if they are complete, have not been used and are returned in their original packaging intact, accompanied by the return slip possibly communicated by DACO France and the invoice's.

If the Products are not returned within 14 days from the day of actual receipt of the order, the order is deemed final and no refund can be made under the right of withdrawal legally recognized to the Buyer.

DACO France undertakes to reimburse the Buyer for all sums paid, including delivery costs, within 14 days from DACO France the date on which DACO France is informed of the Buyer's decision to withdraw, depending on the payment method used by the Buyer.

CUSTOMER SERVICE

For any specific questions, customer service can be reached by email at dacobello@dacobello.com.

RESPONSIBILITY

No party is responsible for the total or partial non-performance of its obligations under these General Terms and Conditions if this non-performance is caused by an event constituting a case of force majeure, by the occurrence of an event attributable to the other party or any damage inherent in the use of the Internet network, in particular a breakdown of service, an external intrusion or the presence of computer viruses on the Site.

Events meeting the criteria set by article 1218 of the Civil Code and case law are considered to be force majeure.

The party invoking an event constituting force majeure must notify the other party within 5 working days following the occurrence of this event.

The parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

Please note that DACO France cannot be held liable for facts linked to problems subsequent to receipt of the order by the Buyer.

GUARANTEES

DACO France is liable for defects in the conformity of the Products delivered to the Buyer under the conditions of articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the Products sold under the conditions provided for in articles 1641 et seq. of the Code civil.

Legal guarantee of conformity

The terms of the following articles of the Consumer Code are recalled:

Article L. 217-3 of the Consumer Code:

“The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5.
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery.
[…]
The seller also responds, during the same deadlines, 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. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller […]. »


Article L. 217-4 of the Consumer Code:

“The property complies with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract. »

When acting as a legal guarantee of conformity, the consumer:
- benefits from a period of two years from the delivery of the property to take action;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.

Legal guarantee against hidden defects

The terms of the following articles of the Civil Code will be recalled in particular:

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 reduce this use to such an extent that the buyer would not have acquired it, or would not have acquired it. would have given a lower price if he had known about them.”

Article 1648 of the Civil Code, first paragraph:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”

The Buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between canceling the sale or reducing the price of the item. sale in accordance with article 1644 of the civil code.

PROCESSING OF PERSONAL DATA

The Buyer is invited to carefully read the general conditions of use of DACO France which can be consulted at any time on the Site.

DISPUTES – MEDIATION – APPLICABLE LAW

Orders for Products on the Site and these General Terms and Conditions are subject to French law.

In the event of a difficulty relating to an order for Products on the Site or the application of the General Terms and Conditions, DACO France and the Buyer must attempt to find an amicable solution, following a written complaint from the Buyer.

In the absence of an amicable settlement, the Buyer may, within a maximum period of one year following his written complaint to DACO France, contact the following consumer mediator: Médicys.

In the absence of agreement, any dispute relating to an order for Products on the Site or to the application of these General Terms and Conditions will be submitted to the competent French courts.