TERMS AND CONDITIONS OF SALE
- PREAMBLE
These Terms and Conditions of Sale apply to orders of products placed on the following websites:
(hereinafter collectively referred to as the “Website”).
The products available for purchase on the Website are sold by DIM FRANCE SAS, a French société par actions simplifiée with a share capital of 137,370,645 €, registered at the Commercial and Companies Registry of Nanterre under number 488 727 298, and whose registered office is located at 2 rue des Martinets, 92500 Rueil-Malmaison – France (hereinafter referred to as the “Seller”).
Sales are reserved to consumers, i.e. any natural person not acting in the course of a commercial, industrial, craft or professional activity (hereinafter referred to as the “Customer”).
The Seller partners with Global-e France SAS, a French société par actions simplifiée with a share capital of 10,000 €, registered at the Commercial and Companies Registry of Paris under the number 818 358 459 and whose registered office is located at 320 rue Saint-Honoré, 75001 Paris – France (hereinafter referred to as “Global-e”).
Global-e enables Customers to place orders in destinations where the Seller does not typically manage order processing and delivery services. Acting under an agreement with the Seller, Global-e conducts sales in its own name and on behalf of the Seller, ensuring that products are available for purchase on the Website, facilitating their delivery to these locations, and handling Customer inquiries related to order execution.
- PURPOSE
These Terms and Conditions of Sale apply to any purchases by a Customer via the Website, with delivery restricted to the territories listed in Schedule “Territories” below.
Any orders placed via the Website entail unreserved acceptance of these Terms and Conditions of Sale by Customers.
The Terms and Conditions of Sale applicable to orders are those that are in force on the Website at the time Customers confirm their order. These Terms and Conditions of Sale may be amended from time to time.
- PRODUCTS
- Product features
Customers are invited to consult the description of each product to acquaint themselves with their essential features (colour, composition, maintenance, dimensions). However, Customers acknowledge that there may be minor differences between the photograph presented on the Website and the product they actually receive, particularly with regard to colour. These non-substantial differences cannot be construed as conformity defects and entail the cancellation of the sale.
- Product availability
The products offered for sale online are those presented on the Website on the day of consultation by the Customer, subject to availability. When an order is placed, the Customer is informed of the availability of the product selected. Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same product by multiple customers.
If a product is unavailable after an order has been placed, the Seller undertakes to inform the Customer as soon as possible by e-mail. Only the price of products actually shipped will be debited. In the event of immediate debit, the price of the product that is finally unavailable will be refunded directly via the method of payment used.
- PRICES
Product prices are stated in the local currency of the order’s destination and include any applicable taxes, as well as any import duties, tariffs, or similar fees that may apply based on the delivery destination. Delivery charges are not included in the product prices and will vary depending on the selected delivery method.
All applicable charges, including delivery fees, are clearly detailed in the order summary, before the order is confirmed by the Customer.
The Seller reserves the right to alter the selection of products offered via the Website and their prices at any time and without prior notice. The price applicable to the Customer's order is the price in force on the Website at the time of confirmation of the order by the Customer, save obvious error (computer bug, input error, technical error, etc.).
If orders have been placed at incorrect and obviously over cheap prices (ridiculously low prices), the orders will be cancelled. The Seller will inform the relevant customers promptly so that they may, if they wish, place a new order at the corrected and right price.
- ORDERS
- Opening a customer’s account
In order to place an order, Customers must identify themselves by logging onto to their customer’s account, or by creating a new customer account according to the procedure indicated on the Website. The login and password chosen by the Customers when creating their customer account are personal to them and they are responsible for any use, particularly fraudulent use, made of them by third parties.
Customers must enter the nominal data which is identified as compulsory and necessary to execute orders, and update such if necessary. The Seller may in no event be held liable in the event of an error or incidence in the dispatch of the products ordered due to incomplete or erroneous information.
- Recording orders
Customers wanting to place an order can select the product(s) of their choosing by clicking on “Add to Cart”. At any time, Customers can check the contents of their order and obtain detailed information on the products selected (reference, size, colour, quantity chosen, unit price) by clicking on the shopping cart icon with the DIM logo and, if necessary, modify their shopping cart.
Once the shopping cart has been definitively confirmed, Customers are required to indicate their delivery address and billing address and to accept these Terms and Conditions of Sale by ticking the appropriate box. Customers will then definitively confirm the order by clicking on the “Pay now” button.
- Order payment
All orders placed on the Website must be paid for by Customers immediately after confirming the order by clicking on the “Pay Now” icon.
The total price of the order payable by the Customer is the amount indicated on the order summary, which the Customer has reviewed before confirming their order and includes the delivery charges.
All orders placed on the Website are paid for exclusively online via one of the following payment methods:
- Credit card (Visa, Mastercard, American Express);
- Shop Pay;
- Paypal.
The relevant amount will be debited as soon as the Customer confirms the order. In accordance with article L.214-1 of the French Code de la consommation, the parties expressly exclude the legal qualification of non-refundable deposit (arrhes) within the meaning of article 1590 of the French Code civil.
The Seller uses the Shopify Payment secure payment service, which incorporates the S.S.L (Secure Socket Layer) security standard. Confidential data transmitted in this way (card number, expiry date, cryptogram) will be encrypted.
- Confirmation and acknowledgement of receipt of the order
The sale will be considered final only after the payment method used has been accepted and the Seller has received the full price, via Global-e if applicable. The Seller reserves the right to cancel the order in the following cases: address outside the delivery area, previous dispute with the Customer, delinquent payment, risk of failure to comply with these Terms and Conditions of Sale, or any other legitimate reason.
Once payment has been validated, and unless the order is refused by the Seller, the Customer will receive an order confirmation by email, sent to the email address provided when creating their customer account. This order confirmation includes a summary of all the information previously communicated.
All orders are considered firm and final on receipt of the e-mail confirming the order. Orders may not be cancelled by the Customer, save exercising the right of withdrawal, in accordance with Article 7 of these Terms and Conditions of Sale.
- Tracking orders and invoices
Customers can access their order history and invoices by clicking on the “My Account” icon, then “My Orders”.
- DELIVERY
Orders placed on the Website will be delivered by Global-e, acting as an approved carrier on behalf of the Seller. For any questions or issues regarding delivery, the Customer may contact Global-e customer service, as specified in Article 11.
- Delivery area
The products available for purchase on the Website are delivered exclusively to the territories listed in Schedule “Territories” below.
- Terms of delivery / Delays
The products will be delivered to the Customer at the delivery address indicated when the order was placed and according to the chosen delivery method.
Deliveries will be made within the timeframe specified in the order summary at checkout, starting from the day following payment of the order. In any case, delivery will occur no later than thirty (30) days from this date, except in cases of force majeure.
The fixed delivery charge depends on the delivery method chosen by the Customer and will be detailed in the order process.
- Receipt of orders
On receipt of the order, Customers must check that the products received conform to the order. If Customers wish to return one or more products, they will need to conform to the procedure defined in Article 7 hereinafter. In the event of unreasonable or unjustified returns, the Seller may refuse to confirm a subsequent order from the Customer.
- RETURNS AND REFUNDS
Only products actually purchased via the Website may be returned to the Seller in accordance with the procedures specified below, which will differ depending on whether the Customer is exercising a right of withdrawal or is claiming that the product does not conform to the order.
In all cases, products must be returned in their original packaging, including the accessories delivered (straps, pouches, etc.), the size label and the delivery note.
Refunds will be made using the initial method of payment.
Without prejudice to the application of the legal warranties as specified below in Article 8, if the conditions for returns as described in this Article are not respected, Customers will not be able to obtain a refund for the returned products. However, Customers may recover returned products, at their own expense, in the condition in which they were returned to the Seller.
- Right of withdrawal
Customers have 30 calendar days from the date of receipt of the parcel containing the product(s) ordered, to return, at their expense and risks, the product(s) ordered without having to provide a reason.
This thirty (30) calendar day period will run:
- from the date of delivery of the products to the delivery address provided by the Customer (or, in the event of the Customer’s absence, from the date of initial delivery attempt of the parcel containing the products);
- or, where the Customer has chosen delivery to a pick-up point, from the day the Customer is notified via email and/or text message that the order has been delivered to the selected pick-up point.
The product(s) must imperatively be returned to the Seller in perfect condition, in their original packaging, including the delivery note and the size label. The product(s) must have been purchased via the Website. Items returned incomplete, spoiled, worn, damaged, used or soiled will not be refunded. All accessories that form an integral part of the finished product must also be returned. Returns will be refused if an accessory is missing.
Customers must return the product(s) at their own expense, accompanied by the return receipt. To obtain the return receipt, and as a mandatory requirement, the Customer must first initiate a return request through the “Returns and Refunds” section of the Website by clicking on “Start a Return” and completing the order details.
If all the above conditions are met, the Seller, via Global-e if applicable, will refund the Customer the full amount paid for the order, including the initial delivery charge if the entire order is being returned.
The Seller will make the refund within a maximum period of 14 calendar days from receipt of the returned products. The actual date of crediting of the Customer's bank account may vary depending on the Customer's bank contract. In accordance with Article 5.c, the Seller will credit the bank card used for the purchase by providing its service provider with the information relating to the order number.
- Product(s) defective or non-compliant with the order
In the event of non-conforming or defective products (e.g., a product that is damaged or does not correspond to its description), Customers may contact Global-e customer service, as specified in Article 11, which will provide them with the procedure to follow.
In the case of a confirmed product non-conformity, and unless it is clear that the lack of conformity occurred after delivery to the Customer, the Seller, via Global-e if applicable, will refund all amounts paid by the Customer at the time of purchase, including the initial delivery charges, within a maximum period of twenty-eight (28) days.
The refund will be subject to the prior return of the product, unless the Seller decides, at its discretion, to waive this requirement. If a return is required, the refund will be processed only after receipt and registration of the returned products.
- LEGAL GUARANTEE OF CONFORMITY
Customers will benefit from the legal guarantee of conformity (articles L.217-3 et seq. of the French Code de la consommation), as well as from the legal guarantee covering hidden defects (articles 1641 et seq. of the French Code civil), on the conditions and according to the terms referred to below.
The consumer will benefit from a period of two years from delivery of the goods to procure implementation of the legal guarantee of conformity in the event of appearance of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee will apply to this digital content or to this digital service throughout the contemplated period of supply. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity implies an obligation on the part of professional operators, where applicable, to provide any updates necessary to ensure the conformity of the goods.
The legal guarantee of conformity confers upon the consumer a right to the repair or replacement of the goods within thirty days of a request, at no cost and without any major inconvenience that consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer will benefit from a six-month extension of the initial guarantee period.
If the consumer asks for the goods to be repaired, but the seller imposes their replacement, the legal guarantee of conformity will be renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the cost of recovery or removing the non-conforming goods, or if he/she bears the cost of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring such into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the conformity defect is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is therefore not required to ask for the goods to be repaired or replaced beforehand.
The consumer does not have the right to rescind the sale if the conformity defect is a minor defect.
Any downtime on the goods, with a view to their repair or replacement will suspend the guarantee period that was remaining until delivery of the reinstated goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Code de la consommation.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual sales (article L. 241-5 of the French Code de la consommation).
Consumers also benefit from the legal guarantee covering hidden defects under articles 1641 to 1649 of the French Code civil, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.
- LIABILITY
The Seller may not be held liable for non-performance of the contract as a result of force majeure within the meaning of article 1218 of the French Code civil.
With the exception of cases where the Seller has failed to fulfil its legal or contractual obligations, the Seller declines any and all liability for:
- any Website outage,
- any occurrence of bugs,
- any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Website,
- minor and non-substantial errors and defects relating to the products (without prejudice to the Customer's right of withdrawal),
- in the event of temporary unavailability of customer services.
- PERSONAL DATA
To find out how their personal data is processed, Customers are invited to refer to the Seller's Privacy Policy, which can be accessed in the “Privacy Policy” section of the Website.
- CUSTOMER SUPPORT AND CONTACT INFORMATION
For any inquiries, questions, or claims related to an order (including delivery & shipping, returns & refunds, or other order-related issues), the Customer may contact Global-e customer service via:
- E-mail: service@global-e.com
- Contact form or chatbot available in the “Contact Us” section of the Website.
If necessary, Global-e may redirect the Customer to the Seller’s customer service.
- COMPLAINTS – APPLICABLE LAW - LITIGATION
These Terms and Conditions of Sale are governed by French law.
The Customer may submit a complaint to the Seller through Global-e customer service, as outlined in Article 11 above.
If Customers’ complaints remain unresolved, they may resort to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by resorting, free of charge, to the competent consumer mediator whose contact details are set out below: Médiateur de la consummation FEVAD – BP20015 – 75362 PARIS CEDEX 8 – https://www.mediateurfevad.fr.
If an amicable settlement of the dispute fails, or at any other time, the Customer will remain free to submit the dispute to the relevant courts.
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SELLER’S INFORMATION AND LEGAL NOTICE:
Without prejudice to Article 11 above, which specifies the primary contact for order-related matters, the Seller may be contacted using the following contact information: - E-mail address: serviceclient@dim.fr - Telephone: +33 (0)8 06 14 00 66 (from Monday through Friday from 9.00am to 6.00pm - Paris time, UTC+1 in winter / UTC+2 in summer) - Postal address: Service E-commerce - 2 rue des Martinets – 92500 - Rueil Malmaison - France
Intra-community VAT number: FR 37 488 727 298 Unique Identification Number for the “Textile Products” sector: FR209003_11IYYV Unique Identification Number for the “Household packaging” sector: FR209003_01BMVD
Website publisher: DIM France SAS, a French société par actions simplifiée with a share capital of 137,370,645 €, registered at the Commercial and Companies Registry of Nanterre under the number 488 727 298 Publishing director: M. François Riston, in his capacity as Managing Director Website host: SHOPIFY International Limited, whose registered office is located in the Victoria Building 1-2, Haddington Road, Dublin 4, D04XN32, Ireland. |
SCHEDULE – Territories
The products available for purchase on the Website are delivered exclusively to the following territories:
South Africa
Albania
Algeria
Germany
Andorra
Angola
Anguilla
Antigua and Barbuda
Saudi Arabia
Argentina
Armenia
Aruba
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brunei
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Canada
Cape Verde
Chile
China
Cyprus
Colombia
Comoros
Republic of the Congo
South Korea
Costa Rica
Ivory Coast
Croatia
Curaçao
Denmark
Djibouti
Dominica
Egypt
United Arab Emirates
Ecuador
Spain
Estonia
Eswatini
Vatican City
United States
Ethiopia
Fiji
Finland
Gabon
Gambia
Georgia
Ghana
Gibraltar
Greece
Grenada
Greenland
Guadeloupe
Guatemala
Guernsey
Guinea
Equatorial Guinea
Guinea-Bissau
Guyana
French Guiana
Haiti
Honduras
Hungary
Isle of Man
Cayman Islands
Cook Islands
Faroe Islands
Falkland Islands
Solomon Islands
Turks and Caicos Islands
British Virgin Islands
India
Indonesia
Ireland
Iceland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kyrgyzstan
Kiribati
Kuwait
Réunion
Laos
Lesotho
Latvia
Lebanon
Liberia
Liechtenstein
Lithuania
Luxembourg
North Macedonia
Madagascar
Malaysia
Malawi
Maldives
Malta
Morocco
Martinique
Mauritius
Mayotte
Mexico
Moldova
Mongolia
Montenegro
Montserrat
Mozambique
Namibia
Nauru
Nepal
Nicaragua
Nigeria
Niue
Norway
New Caledonia
New Zealand
Oman
Uganda
Uzbekistan
Pakistan
Panama
Papua New Guinea
Paraguay
Netherlands
Peru
Philippines
Poland
French Polynesia
Portugal
Qatar
Hong Kong SAR
Macao SAR
Dominican Republic
Romania
United Kingdom
Rwanda
Saint Barthélemy
San Marino
Saint Martin (French part)
Sint Maarten (Dutch part)
Saint Vincent and the Grenadines
Saint Helena
Saint Lucia
El Salvador
Samoa
São Tomé and Príncipe
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Sri Lanka
Sweden
Switzerland
Suriname
Taiwan
Tanzania
Chad
Czech Republic
Thailand
East Timor
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkmenistan
Tuvalu
Uruguay
Vanuatu
Venezuela
Vietnam
Wallis and Futuna
Zambia
