ARTICLE 1. APPLICABILITY
The general terms and conditions of sale detailed below (the “Terms”), govern the contractual relationship between any user of the Idperf.com website (a “User” or “You”) and DISTIMEX. DISTIMEX is a simplified joint stock company under French law registered in Paris (registration number 404.916.678) with a share capital of €37,000, whose registered office is located 34 avenue des Champs Elysées – 75008 PARIS – FRANCE (“Idperf.com”).
These terms and conditions apply to all sales made on the www.idperf.com website. They shall be effective as from 1 November 2015 and apply to all sales completed on this website.
Unless otherwise specifically agreed beforehand in writing, these general terms and conditions of sale are the only terms and conditions upon which www.idperf.com trades and shall supersede all other terms and conditions. www.idperf.com. reserves the right to amend these Terms at any time. We therefore recommend that you read these terms and conditions each time you access the www.idperf.com website (the “Website”). Amendments to these Terms shall become effective and binding as from their date of posting on the Website (date of posting shown at the end of these terms and conditions) and may not be applied to agreements made before that date. Each purchase made on the Website is governed by the Terms applicable on the date of the order. By confirming your order, you acknowledge that you have read, understood and accepted, without reserve, these Terms. By accessing the Website, you also accept and agree to be bound by these Terms.
ARTICLE 2. USE OF THE WEBSITE
In order to use the Website, you must have the legal capacity to enter into contracts and to use this Website in accordance with these Terms. You warrant that the information provided by you on this Website will be true and accurate.
1) Essential features
All prices are given inclusive of French taxes but exclusive of delivery charges.
Payments are accepted in Euros only.
When ordering products for delivery to any country other than Metropolitan France, you are the importer of record of the product(s) concerned. Products shipped to customers outside the European Union and France’s overseas territories and departments may be subject to customs fees, other local duties and taxes, import duties or government taxes.
Such additional fees and charges are not the responsibility of www.idperf.com. You will be solely and fully responsible for filing all necessary returns and for the payment of any duties or taxes that are payable to the relevant authorities and bodies in your country. We advise you to contact your local authorities for information about these aspects.
www.idperf.com reserves the fight to amend its prices at any time. Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject to availability.
All products shall remain the property of www.idperf.com until full payment of the price indicated has been received.
To place an order, you will need to go through the following stages at least:
• “Cart” page: here, you can delete items or change the number of items ordered.
• Customer account identification or creation pages: sign in to your account or create a new account.
• Delivery options: this page also has a link allowing you to make changes to the items in your order.
• Order review and payment method page: select your method of payment and check the details of your order (items, number of each item, delivery method, total price). You must make sure that all details are correct. If necessary, you can amend your order via the links on this page.
• You will then have to accept these general terms and conditions of sale and of use of the Website so that you can move on to the payment stage. The terms and conditions can be viewed and printed out at any time by clicking on the “general terms and conditions of sale” link. Check the box next to this link to accept the terms and conditions. The general terms and conditions of sale and of use of the Website must be accepted each time an order is placed.
• Pay for your order using your selected payment method.
• Once payment has been confirmed by your bank, the agreement between you and us becomes a binding contract.
• The Website sends you an email confirming your order within minutes.
3) Payment methods
You can pay for your order on the Website using a number of different methods:
• Cheques, Paypal, Visa, Mastercard, other debit or credit cards.
4) Secure payment
Payments by debit and credit cards are processed by Paypal.
The User’s financial details are encrypted (and secured by Paypal). They are never sent over the internet unencrypted and cannot be intercepted.
Your financial details (card number, expiry date, etc.) are not shared with www.idperf.com.
The data registered by the Website constitutes full proof of all transactions between the Website and its customers.
The data registered by the Paypal payment system constitutes full proof of the financial transactions.
Unless otherwise indicated on the Website, orders placed before midnight (Paris time, GMT+1h) from Monday to Friday (excluding public holidays) are dispatched the next day. In other cases, orders are dispatched on the evening of the next working day.
All items ordered are dispatched in a single shipment.
www.idperf.com delivers to addresses in Metropolitan France. Delivery to addresses in other countries: on request.
Delivery will be made to the delivery address specified by you as the “delivery address” when placing your order. This address may be different to your “billing address”.
Once an order has been placed, for logistical reasons it is often impossible to change your delivery address. If you wish to change your delivery address, you may however contact us and we will see what can be done, according to your order.
Delivery methods and times
The delivery method used depends on the number of items in the order, the size of the item(s) in the order and on the country of destination. If your order includes items of different sizes, delivery is based on the largest item. www.idperf.com reserves the right to select the carrier used.
The actual delivery date depends on stock availability, the date of dispatch, and lead-times for the chosen delivery method.
Items that are “in stock” will be delivered within the times given as an approximate guideline on the delivery information page, and in any event within fifteen days of the day on which the order is placed, except in the event of force majeure.
Items that are “in stock again soon” will be delivered within the times given as an approximate guideline and in any event within fifteen days of the delivery date indicated, except in the event of force majeure.
Delivery times depend on the carrier. Consequently, the customer shall not be entitled to claim any kind of compensation for any delay in delivery of an order.
Shipping costs depend on the country of destination and delivery method, and on the number and format of the products ordered. Details of shipping costs are stated clearly for each order.
Verification upon delivery
It is your responsibility to open the package and check the condition of your goods upon delivery. If you do not take delivery of your package personally, ask the person who is to take delivery of it to carry out this check for you. If there is any problem at all, please hand your package back to the delivery agent (French postal service or private carrier) explaining the problem and get in touch with our customer services team that same day.
If your order arrives in a damaged condition, do not sign the carrier’s delivery schedule. Claims will not be accepted if the delivery schedule is signed. If your order is delivered by a private carrier, the carrier is not required to deliver inside your home and may hand your package over to you at the entrance to your building or house.
“The receipt of the transported items shall extinguish any claim against the carrier for damage or partial loss if, within three days of this receipt, not including public holidays, the recipient has not notified the carrier, by extra-judicial means or registered letter, of its reasoned protest (Art. L133.3 of the French Commercial Code).
7) Your right to cancel
In accordance with Article L121-20 of the French Consumer Code, you have a right to cancel your contract with us, under which you may return any unwanted item to us.
You have fourteen calendar days in which to inform us of your decision to return any item ordered on the Website.
To exercise your right, please contact our customer services team who will give you the address to which you should return your order. You will then have 28 days in which to return your order to us. If your order was delivered by the French postal service (Colieco, Colissimo, Chronopost), you may return it to us by the same means (all return shipping costs to be paid by you).
Returns sent with postage unpaid will not be accepted under any circumstances.
Any returned items that are not in their original packaging, or that are incomplete, spoiled, damaged or soiled by the customer will not be accepted.
www.idperf.com will refund the price of the returned items and the initial shipping charges (we will not refund your return shipping costs) within fifteen days following receipt and acceptance of the returned items, either by crediting the bank account used to pay for the order or by cheque.
You have the right to return to us any item received that does not conform to the order placed. To exercise this right, please contact our customer services team who will inform you of the returns procedure and the address to which you should return the item.
www.idperf.com will exchange the non-compliant item for a compliant item if in stock. If that particular item is no longer available in stock, www.idperf.com will offer to exchange it for an alternative item of the same value.
If you exercise your right to return an item that does not conform to the order placed, and only in such cases, www.idperf.com will pay all costs of returning that item and all shipping costs for the replacement item.
9) Customer services team and complaints
If you need any information or have any questions, please contact our customer services team by email at email@example.com or call us (from France) on +33 (0)3 2107 2529
We will be more than happy to help and advise you on our products and your order.
ARTICLE 3. FORCE MAJEURE
In accordance with Article 1148 of the French Civil Code, www.idperf.com cannot be held liable in the event of any delays or failure to deliver or be deemed negligent in its processing of your order if such delays, failure or negligence are caused by a force majeure event (circumstances beyond our reasonable control).
ARTICLE 4. PROTECTION OF PERSONAL DATA
A declaration has been filed with the Commission Nationale de l’Informatique et des Libertés (France’s data protection authority), registered under number 1857531, informing them of the automated processing of personal data on this website.
Depending on the preferences you indicate when creating or editing your account, you may receive offers from our company and our partners. If you no longer wish to receive such offers, you can change your preferences in your Customer Account on the Website or by writing to us at the address below.
Under France’s Data Protection Act of 6 January 1978, you have the right to access, amend, correct or delete your personal data. To exercise this right, please write to us at the following address:
DISTIMEX – www.idperf.com
34 avenue des Champs Elysées
You can also view and edit your personal data via your customer account on www.idperf.com
ARTICLE 5. LIABILITY AND WARRANTIES
www.idperf.com makes every reasonable effort to ensure that the information provided on this website is accurate and up-to-date. The company reserves the right to amend the content of the website at any time and without notice. However, www.idperf.com cannot guarantee the accuracy, precision or completeness of the information provided on this website.
Consequently, the company www.idperf.com disclaims all liability in respect of any interruption to the Website service, and accepts no liability for any bugs that might occur, for any errors, omissions or inaccuracies in the information available on the Website, or for any damage or loss resulting from fraudulent intrusion by a third party leading to changes to the information provided on the Website.
This website may contain links to other websites. www.idperf.com may not be held liable for any issues related to access to such websites or to their content.
www.idperf.com shall not be liable for any loss or damage arising from the use or inability to use the Website.
www.idperf.com shall not under any circumstances be liable in the event of failures attributable to software, whether said software is or is not incorporated into the Website or supplied with it.
www.idperf.com shall comply with all statutory warranties to which you might be entitled. The products shown on our Websites comply with current French legislation. We cannot be held liable for any breaches of laws specific to the country to which the work is delivered. Consequently, we invite you to request information about the legislation in effect in the country of delivery.
ARTICLE 6. INTELLECTUAL PROPERTY
The website www.idperf.com and its contents are protected by copyright and are the property of DISTIMEX SAS. Reproduction of all or part of the contents of the Website is strictly prohibited.
ARTICLE 7. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of France. They are provided in the language in which the Website is viewed, cf. Art. 2. In the event of any dispute arising out of or in connection with this contractual relationship , the User and www.idperf.com agree that before taking any legal action, they will seek a negotiated settlement. Any dispute that cannot be settled out of court shall be submitted to the exclusive jurisdiction of the courts of France.