Terms and Conditions
These General Terms and Conditions of Sale are entered into between the Demko company and the persons who wish to make a purchase via the web site http://www.decorons.com referred to hereinafter as the "Consumer".
The Site enables the Demko company to offer for sale to individuals browsing the Site decoration products (hereinafter referred to as the "Products"). It is specified that the Products are meant exclusively for the Consumer's personal use.
By placing an order for a Product on the Site, the Consumer acknowledges that s/he has read these Terms and Conditions and accepted them unreservedly.
ARTICLE 1: PURPOSE
These Terms and Conditions define the procedures by which Demko company will sell Products to the Consumer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.
They define all the stages required for placing the order and they monitor this order between the Parties.
ARTICLE 2: PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS
Demko company presents on the Site the Products for sale and their detailed descriptions, so that the potential consumer is able to find out the essential characteristics of the products s/he wishes to buy prior to actually placing the order.
Demko company will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of color and design. However, since Demko company has no control over the technical limitations of individual consumer computer equipment, Demko company may not be held liable for inaccurate representation of the Products on the Website.
The Products offered for sale by Demko company are those that are shown on the Site, on the day on which the Consumer views it and within the limit of the stocks available.
If a Product is not available, Demko company will notify the Consumer as soon as possible by e-mail that a partial order will take place or that his/her order is cancelled.
This notice may be made when the order is being placed or after the order is validated before delivery. If the Consumer's bank account had already been debited at the time that the Consumer is informed as above, Demko company undertakes to reimburse the Consumer within a maximum of thirty (30) days for the price of the Product(s) that was (were) not available to the bank account used at order time.
Demko company reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that Demko company has already accepted prior to implementing such amendments.
All prices are shown in € Euros. The applicable prices are those that are shown on the Site at the time at which the Consumer places his/her order. These prices are subject to France VAT and inclusive of all taxes. But they do not include shipping costs, which will be shown separately on the order summary and the order confirmation e-mail and added to the total price of the order. The total price shown on the order summary and the order confirmation e-mail will represent the total amount to be invoiced, inclusive of all duties or taxes and costs. If the Consumer uses a bank card associated with an account that is not in Euro currency, the Consumer's bank may charge currency exchange fees and bank fees, which will be payable solely by the Consumer.
Demko company reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that Demko company accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
ARTICLE 3: ORDERING
3.1. THE ORDERING PROCESS
By browsing the Site, the Consumer can find out about the various Products offered for sale on the day s/he views the Site.
The Consumer is not committed in any way to make an order by browsing the Site.
While browsing the Site, the Consumer who wishes to make an order may do so just by clicking on the "Add to Cart" button that is located next to each Product viewed.
Once the products have been selected, the customer can finalize the order by going to the “cart” page and clicking on “order”, after which the following steps must be followed:
Basic information: The customer will be asked to fill in the given blanks with personal information that will include their name, last name and email address. Once that is done the customer will be asked to read through the “Terms and Conditions” after which they must check the box in front of “I have read and agree to the Terms and Conditions” before they are taken to the next page.
Delivery: The customer is asked to provide the delivery address along with the desired delivery method.
Billing: Here is where the customer can choose their method for payment and provide and alternate billing address, should there be one.
Payment: A summary of the order will be displayed on this page; showing the list of products ordered (type, quantity, and price) along with the delivery address, the delivery method and the shipping cost and the payment method and the total amount to be paid. In case the customer chooses to pay by credit card, they will be redirected to their respective bank websites where they can enter their personal banking information (such as credit card number, validity date, etc.)
Confirmation: Once the payment has been processed a final page will open to confirm the order and a confirmation e-mail will be promptly sent to the customer’s provided email address.
All of the information that is asked of the customer is important for processing their orders, especially the address to which the products must be delivered.
3.2. ORDER CONFIRMATION
Once the order has been confirmed and its payment validated according to the procedures laid out in Article 4 below, a “thank you” page will be displayed and the customer will receive an order confirmation email from Demko.
This confirmation e-mail sent by the company will contain the following details:
- The number of the order determined by Demko company at the time that the order gets placed.
- The customer's personal information (name, shipping address and if provided differently, the billing address).
- The summary of the order (Product names, quantity, price).
- The total amount due before and after the inclusion of taxes and the shipping fees.
ARTICLE 4: PAYMENT
4.1. Payment is made immediately on the internet with the use of bank cards only (Visa, Mastercard). The amounts paid are calculated in € Euros.
4.2. Demko company reserves the right to refuse any order or any delivery in the event that a dispute exists with the Consumer, or if a previous order by the Consumer had not been paid or had only partially been paid, or if the banking authorities refuse to authorize the payment by bank card, or if the order had not been paid or had only partially been paid.
4.3. The Consumer guarantees to Demko company that s/he has the authorizations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled, and the Consumer will be notified by e-mail.
4.4. Credit card payment is secured by the SSL (secure socket layer) encryption process which protects all sensitive data concerning methods of electronic payment. It guarantees the Consumer that Demko company never has access to the confidential details concerning the Consumer to pay for his/her order. Only Demko company bank (French bank CIC ) is in possession of that information.
That is why the Consumer will be asked for his/her bank details each time s/he makes an order on the Site.
ARTICLE 5: DELIVERY AND RECEIPT:
5.1. DELIVERY PRICES
As specified in article 2.2. the shipping costs are calculated automatically and separately from the products. Products will be delivered by DHL Global Mail service. For delivery by DHL Global Mail the prices depend upon the weight of the package and the distance traveled. As per distance, the prices are the same for everywhere in France will be calculated differently for other countries. Occasionally, Demko company may have some special promotions for shipping. In those cases, only the locations within the French metropolitan cities will receive the benefits from such promotions (French territories overseas, and other international locations will stay have to pay shipping fees).
Notice : shipping costs displayed on the “shopping cart” page are calculated by default and showed for informational purpose only. The final and actual shipping cost will be displayed at the order confirmation page only, after the client fill the shipping address.
5.1. DELIVERY METHODS
Once the order is processed and the payment received, the packaging division will prepare the products for shipping. The package will be sent to the mailing address provided by the customer when placing their order. The customer will receive a second confirmation email on the day the package is sent which will contain the DHL identification number. With the “DHL” service, the customer will be able to track the progress of their delivery on the DHL Global Mail website ,by entering the “DHL” number that was provided in the confirmation email.
Since the delivery process is handled by a third-party service provider, the customer is informed that Demko company cannot be held liable in any way if the non-execution or faulty execution of this task is attributable to the customer, to an unforeseeable or insurmountable event, or to a situation of absolute inevitability.
Products that are purchased on décorons.com, are shipped by the DHL Global Mail. The objective time frames are: 2-5 business days from date of dispatching for locations inside France, and 5-14 business days for other countries (depending upon the delivery destination). Saturdays, Sundays and public holidays are not considered to be business days.
In any case, the order will be performed within a maximum of thirty (30) days as of the date following that on which the Consumer sent his/her order, subject to full payment of the price.
If the delivery has not been made by the expiry of that time frame, the Consumer will be entitled to cancel his/her order as per the conditions specified below in Article 5.3. The amounts paid by the Consumer will be refunded to him/her, and no other compensation will be paid.
5.3. DELAY IN DELIVERY
If the maximum delivery period of thirty (30) days is exceeded and if the Product(s) ordered have not yet been dispatched, the Consumer is entitled to exercise his/her right to cancel the order by sending an e-mail to email@example.com .
Once the cancellation right has been exercised, Demko company will make a reimbursement, to the bank account that was debited at order time, as soon as possible, and no other compensation will be paid.
The Consumer should notify Demko company of any delay in delivery as soon as possible by sending an e-mail, so that Demko company can commence investigations with the postal services. We are bound to inform the Consumer that the time to complete an investigation is variable, since Demko company has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated on the delivery slip.
Each delivery is deemed to have been completed once the Product(s) has / have been made available to the Consumer by the shipper, as shown by the control system used by the shipper. It is the Consumer's responsibility to check immediately at the time of receipt of the Product(s) that the Product(s) sent is (are) in good condition and compliant with the order.
The client will receive the package at the address notified during the order. For international, you must sign to receive your package. In case the client is not present to receive the package and/or the packaging is too big to fit in the mailbox, it will be transferred to the post office in the client area code, and the notification and instructions for collecting the package will be placed in his mailbox. If the package is not collected in 15 days then it will be returned to Demko company.
When a package is returned to Demko as an unclaimed package, the company will proceed to reimburse the customer to the account that was debited at the time of ordering.
In the event of delay, breakage or missing items, the Consumer should note down complete and accurate reservations on the delivery slip. In any case, the Consumer is entitled to make a claim only against the shipper to which s/he should formulate his/her reservations. All reservations of this type must also be provided to Demko company Customer Service by sending an e-mail. The Consumer should attach a copy of the complaint sent to the postal services.
ARTICLE 6: WITHDRAWAL RIGHT AND RETURN RIGHT
6.1. WITHDRAWAL RIGHT
The Consumer has a cooling-off period of seven (7) business days, as of the delivery date of the order, to return, at his/her own cost, the Product(s) ordered that do not satisfy him/her.
6.2. RETURN RIGHT
The Product(s) must without fail be sent back in their entirety, in perfect condition and in their original packaging, accompanied by the delivery slip, the invoice and an accompanying letter by mail, to the following address :
Demko company, 116 rue Charenton, 75012 Paris, FRANCE
Demko company undertakes to reimburse the Consumer, to the bank account that was debited at order time, within a maximum of thirty (30) days, as long as the above conditions are complied with.
Furthermore, for any non-compliant Product, the Consumer shall contact Demko company by sending an e-mail at firstname.lastname@example.org. Our Customer Service will then tell the Consumer what steps to take.
The Consumer remains responsible for any risk associated with the return of the Product(s).
ARTICLE 7 : RIGHT TO CONFORMITY AND GUARANTEE
Demko company assures their clients that the properties of the products sold conform to the European standards and CE marking requirements. All of the electrical devices on sale are fit for usage with 220V Voltage source and equipped with French standard plugs.
In the event that Product(s) are not in conformity with the information given in the presentation of the Product(s) on the Site, or if the Products present hidden defects, they can be replace, or their cost will be reimbursed to the Consumer. Demko company undertakes to reimburse the Consumer within a maximum of thirty (30) days, as long as the above conditions are complied with. In the event that the Consumer receives Product(s) that is (are) not in conformity or which contains (contain) a hidden defect, the provisions of Article 6.2 above will apply.
Demko company will not accept returns after the duration of thirty (30) days from the date of delivery.
ARTICLE 8 : LEGAL INFORMATION & JURISDICTIONAL CONSIDERATIONS
8.1. PRIVACY CONSIDERATIONS
Consumers are required to provide the personal information collected in the context of internet shopping, since such information is necessary for processing and delivering orders and for issuing the invoices. Such information is treated on a strictly confidential basis, and is used by Demko company only for processing orders received. If all the information is not entered, the order will be rejected automatically. The Consumer has a right to access, amend, rectify and delete personal data collected by Demko company that concern him / her. To exercise this right, the Consumer must send an e-mail to email@example.com. Demko company undertakes not to resell the Consumer's contact details to third-party companies without prior consent. The Consumer may receive informational e-mails from Demko company concerning decorons.com products and activities. The Consumer is entitled to refuse to receive such communication after the event either by not giving his/her consent at the time the order is validated, or by expressing his/her refusal by e-mail.
8.2. FORCE MAJEURE
No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to the occurrence of an event that constitutes "force majeure" such as, in particular, the following examples being given only as indications, flood, fire, storm, a transport strike, a partial or total strike. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event. The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event.
If the force majeure event lasts for longer than one (1) month, Demko company shall be allowed not to honour the order, though Demko company is obliged to reimburse the Consumer, if the Consumer has paid, the amounts paid by the Consumer for the order concerned.
8.3. PARTIAL NON-VALIDATION
If one or more stipulations of these Terms and Conditions are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.
8.4. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
Demko company reserves the right to amend these Terms and Conditions at any given time without prior notice, within the time frame allowed by the French Law. The version on-line on the Site will, if there is any contest, take precedence over any other versions of these Terms and Conditions.
8.5. ENTIRE AGREEMENT
These Terms and Conditions and the order summary sent to the Consumer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.
Demko company may place a cookie on the Consumer's computer during browsing at the Site. This cookie enables Demko company to record information about the browsing of the Consumer's computer at the Site (pages viewed, date and time of viewing, etc.) and also has the goal of providing easy of browsing and ease of use of the Site, especially through the personalization of some pages. The Consumer may decline the recording of cookies by configuring his/her browser to reject cookies.
8.7. APPLICABLE LAW - DISPUTES
The law that applies to these Terms and Conditions and to the orders relating thereto is France law. Any dispute that may arise concerning their validity or interpretation that cannot be settled out-of-court by the Parties will be subject to the courts of Tours (France).