GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website www.dtb-france.com (hereinafter the "WEBSITE") from DTB, a SAS registered in the EVRY-COURCOURONNES Trade and Companies Register under number 894 456 193 , having its registered office at 9 ALLEE DES BATELIERS 91080 EVRY-COURCOURONNES, France, email : contact@dtb-france.com(hereinafter referred to as the "SELLER") The Seller and the CUSTOMER are collectively referred to as the "Parties".

IMPORTANT Any order placed on the SITE implies the CUSTOMER's unreserved acceptance of these General Terms and Conditions.

Article 1. Definitions

The terms used below have the following meanings in these General Terms and Conditions:

  • "CUSTOMER": refers to the SELLER's co-contractor, who is a consumer as defined by French law, to the exclusion of any commercial or usual activity.
  • "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when the order was placed.
  • "PRODUCTS": refers to all products available on the SITE.
  • "SITE": refers to the www.dtb-france.com website.
  • "TERRITORY": refers to Metropolitan FRANCE (and or excluding DOM/TOM).
  • "SELLER": refers to DTB.

Article 2. Purpose of the General Terms and Conditions

These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS. The CUSTOMER acknowledges having the capacity required to contract and purchase the Products offered on the SITE and is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

Article 3. Acceptance of the general terms and conditions

The CUSTOMER undertakes to read these General Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE. They are accessible at all times on the SITE and shall prevail, where applicable, over any other version or any other contradictory document. As these General Terms and Conditions may be subject to subsequent amendment, the version applicable at the time of purchase by the CUSTOMER is that in force on the Website on the date the order is placed. Changes to these Terms and Conditions apply to users of the SITE as from the date they are posted online and cannot be applied to transactions concluded previously. By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.

Article 4. Buying products on the site

To use the SITE's services, the CUSTOMER can create a Customer Area. In this case, strictly confidential and personal identifiers and passwords will be allocated. The CUSTOMER undertakes to keep these codes confidential and not to divulge them to any person whatsoever. The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order in their Customer Area. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at the following address contact@dtb-france.comto obtain information on the status of your order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and the information provided. For reasons of availability, the SELLER may have to change the geographical origin of the products and the bottle cap. The CUSTOMER may not make any requests on these two subjects after the purchase.

Article 5. Orders

Article 5.1 Product characteristics

The SELLER presents the essential characteristics of the PRODUCTS in the General Terms and Conditions. The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.

Article 5.2. Order procedure

PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER may then add as many PRODUCTS to his/her basket as he/she wishes.

5.2.2. Commands

Once the PRODUCTS have been selected and placed in the CUSTOMER's shopping basket, the CUSTOMER must then click on the shopping basket to check that the contents of the order are correct. The CUSTOMER will then be invited to identify themselves or to register if they do not already have an active Customer Area. Once the CUSTOMER has validated the contents of the shopping basket and identified/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and, where applicable, delivery costs. The CUSTOMER is invited to check the content of his/her order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price). They must then accept the General Terms and Conditions by ticking the appropriate box, which will validate the content of their order. The CUSTOMER may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing or confirming all the information required for invoicing and DELIVERY of the PRODUCTS. Orders placed must include all the information (such as the delivery method, the exact DELIVERY address, as well as any access code to the DELIVERY address) necessary for the order to be processed correctly. The order will only be valid and taken into account once the price of the Product has been paid. This will confirm the conclusion of the sales contract between the Vendor and the CUSTOMER. Confirmation of the order is automatically sent to the CUSTOMER by electronic mail to the e-mail address indicated.

Please note The sale concluded between the CUSTOMER and the Vendor is subject to the resolutory condition that the Product is available. The CUSTOMER will be informed by the Seller if the Product is unavailable.

5.2.3. Billing

The CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, by e-mail/ inside the parcel.

5.3. Order date

The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only start to run from this date.

5.4. Prices

For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, inclusive of all taxes, as well as the applicable delivery charges (depending on the weight of the parcel, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). In particular, prices include value added tax (VAT) at the rate in force on the order date. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER. In any event, if unavailability was not indicated at the time the order was placed, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER may, at the CUSTOMER's request :

  • Or offer to ship all PRODUCTS at the same time as soon as out-of-stock PRODUCTS become available again,
  • Or proceed with a partial shipment of the available PRODUCTS initially, then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
  • Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, he/she will be reimbursed for all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.

Article 6. Right of withdrawal

In accordance with the legal provisions in force, the CUSTOMER has a period of fourteen days from receipt of the PRODUCT to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 7 days (14 days at the most following communication of the decision to withdraw) following notification to the Vendor of the CUSTOMER's decision to withdraw. Returns must be made in their original, complete condition (packaging and, where applicable, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be taken back. The right of withdrawal may be exercised online, using the withdrawal form available on the SITE, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the CUSTOMER by the Seller, or any other unambiguous statement expressing the wish to withdraw. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the CUSTOMER. The refund will be made within 10 days (at most 14 days) of the notification to the Seller of the decision to withdraw, by crediting the CUSTOMER's bank account. In accordance with article L 221-28 of the French Consumer Code, the CUSTOMER may not exercise this right of withdrawal in certain cases such as: the supply of goods made to the CUSTOMER's specifications.

Article 7. Payment

7.1. Means of payment

The CUSTOMER may pay for PRODUCTS online on the SITE by credit card or any other means offered by the SELLER, where applicable. When paying by bank card, the card issued by a bank domiciled outside France must be an international bank card (Mastercard or Visa). Secure online payment by bank card is made by the SELLER's payment service provider. Once payment has been initiated by the Customer, the transaction is immediately debited once the information has been verified. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable except in the event of fraudulent use of the card. In this case, the CUSTOMER may request the cancellation of the payment and the return of the corresponding sums. By providing their bank details at the time of sale, Customers authorise the Vendor to debit their card for the amount relating to the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled. Payment data is exchanged in encrypted mode. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.

7.2. Payment date

In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS are ordered on the SITE. In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first parcel is dispatched. If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.

Article 8. Proof and archiving

Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros inclusive of tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER. Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the CUSTOMER takes physical possession of the Products.

Article 10. Delivery

The PRODUCTS ordered by the CUSTOMER will be delivered to the TERRITORY, within the dispatch time indicated on the Product sheet, plus processing timeof preparation and delivery to the address indicated by the customer.he CUSTOMER when ordering on the WEBSITE. Shipping costs are calculated according to the delivery method. The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased. Delivery times and costs are detailed on the WEBSITE. In the event of an error or omission by the Customer in the communication of the delivery address, the SELLER shall not be held liable for the impossibility of delivering the PRODUCTS ordered. The SELLER undertakes to dispatch the order within 48 hours to 5 working days, depending on the CUSTOMER's choice of delivery method. Delivery will be made within an average of 1 to 5 working days, depending on the delivery method chosen by the CUSTOMER, and in any event within a maximum of 30 days from the day following the transmission of the order. Delivery is made by COLISSIMO, CHRONOPOST or by the SELLER himself, to the delivery address specified by the CUSTOMER when placing the order. From 15 December to 5 January, delivery times cannot be guaranteed. The Seller assumes the risks of transport and is obliged to reimburse the CUSTOMER in the event of damage caused during transport.

Article 11. Packaging

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Withdrawal Policy.

Article 12. Guarantees

12.1. Warranty of conformity

The Products supplied by the Vendor benefit from the right of withdrawal by operation of law and without additional payment, in accordance with the legal provisions,

  • the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
  • the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
  • under the terms and conditions set out below.

Article L217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

Be fit for the purpose ordinarily expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model have the qualities that a buyer may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling. Ou have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the French Consumer Code

When the purchaser asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for service or from the date on which the item in question is made available for repair, if it is made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.

Article 1648 paragraph 1 of the Civil Code

Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In order to assert its rights, the CUSTOMER must inform the Vendor in writing of the non-conformity of the Products within a maximum of 5 working days from delivery of the Products or from the discovery of hidden defects within the above-mentioned time limits and return the defective Products to the Vendor in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.). Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will be reimbursed on presentation of supporting documents. Refunds for PRODUCTS found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the non-conformity or latent defect. The refund will be made by crediting the CUSTOMER's bank account. The Vendor cannot be held responsible for for any delay or failure to perform, where the cause of the delay or failure to perform is related to a force majeure or in the event of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when placing an order. The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

12.2 Hidden defects guarantee

The SELLER shall be liable for any latent defects in the PRODUCT sold that render it unfit for its intended use, or that impair such use to such an extent that the CUSTOMER would not have purchased it, or would only have paid a lower price for it, had he been aware of them (Article 1641 of the Civil Code). This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price if the PRODUCT is not returned. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 9 ALLEE DES BATELIERS 91080 EVRY-COURCOURONNES. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code).

Article 13. Liability

The SELLER may in no case be held liable in the event of non-execution or poor execution of the contractual obligations attributable to the CUSTOMER, in particular when the order is entered. The SELLER may not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals. It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, the SELLER accepts no responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.

Article 14. Personal data

The SELLER collects personal data about its Customers on the SITE, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser. en application of Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, the SELLER is reminded that the personal data requested from the CUSTOMER by the SELLER is necessary for placing and processing the order. This data is communicated to the Seller to enable it to execute the contract and dispatch the CUSTOMERS' orders. Under no circumstances may it be used for any other purpose. The Seller only has access to the personal data provided by the CUSTOMER of its Products on the SITE when the order is placed. The SELLER undertakes to ensure the security of the personal data it stores for the purposes of fulfilling and tracking orders. The processing of information communicated via the SITE complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data. In accordance with the national and European regulations in force, the CUSTOMER has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her. They may exercise this right by sending an e-mail to the following address contact@dtb-france.com.

Article 15. Complaints

Where applicable, the CUSTOMER may submit any claim by contacting the company by email at the following address contact@dtb-france.com.

Article 16. Intellectual property rights

The content of the SITE is the property of the SELLER's company and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. Trademarks and/or patents registered by the SELLER on the SITE are its exclusive property.

Article 17. Validity of the General Terms and Conditions

Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Under no circumstances does such a modification or decision authorise CUSTOMERS to disregard these General Terms and Conditions.

Article 18. Modification of the General Terms and Conditions

As these General Terms and Conditions may be amended at a later date, the version applicable to the CUSTOMER's purchase is the one in force on the SITE on the date the order is placed.

Article 19. Jurisdiction and applicable law

These General Terms and Conditions and the relationship between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, the CUSTOMER and the SELLER will make every effort to resolve the dispute amicably. Depending on the case, the declared dispute will give rise either to the return of the Product ordered or to a refund, under the conditions specified in these General Terms and Conditions. The CUSTOMER is informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art.L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. In accordance with the rules applicable to mediation, any consumer dispute must first be submitted via the procedure referred to above (prior complaint made directly to the Seller on the SITE before any request for mediation.

APPENDIX 1

Withdrawal form

This form must be completed and returned only if the CUSTOMER wishes to withdraw from the order placed on the SITE, unless the applicable General Terms and Conditions exclude or limit the exercise of the right of withdrawal. It must be sent by email to the following address contact@dtb-france.com Model letter for a consumer to withdraw from a distance contract.

For the attention of "Vendor number and street".
"Seller's postcode
"Seller's city

  • Control .......
  • Order number: ...........................................................
  • CUSTOMER name: ...........................................................................
  • CUSTOMER address: .......................................................................

SELLER'S signature (only in the case of notification of this form on paper) :

APPENDIX 2

DELIVERY POLICY

Delivery zone

The PRODUCTS offered can only be delivered within the TERRITORY. It is impossible to place an order for any delivery address outside this TERRITORY. The PRODUCTS are dispatched to the delivery address(es) indicated by the CLIENT during the order process.

Shipping time

The lead times for preparing an order and then issuing an invoice, prior to dispatch of PRODUCTS in stock, are stated on the SITE. These times do not include weekends or public holidays. An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.

Delivery times & costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping methods for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. Delivery times and costs are detailed on the WEBSITE. From 15 December to 15 January delivery times cannot be guaranteed.

Terms of DELIVERY

In a Chrono Relay, the parcel will be handed over to the CUSTOMER upon signature and presentation of an identity document. In the event of home delivery and absence, a delivery notice will be left for the CUSTOMER to pick up the parcel at the post office.

DELIVERY problems

The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may terminate the contract. The formal notice must be sent to the SELLER by post or electronically. The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has 24 hours to notify the carrier of any damage or partial loss noted upon delivery.

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