Between the undersigned:
The company DAILY RETAIL, a limited liability company with share capital of 20,000 euros, registered at the Rouen Trade and Companies Register (RCS) under no. 827 451 063, with Intra-Community VAT no. FR. 11 827 451 063 and head office at 159 Route de Paris 76920 AMFREVILLE-LA-MI-VOIE. Hereinafter referred to as the "Data Controller", On the one hand, The individual, Browsing, learning about, reserving, ordering and/or purchasing a product or service offered on the Seller's website. Hereinafter referred to as the "Client", On the other hand.
SAMPLE WITHDRAWAL FORM
Article 1: Scope of application
This page sets out the general terms and conditions (hereinafter “GTCS”) under DAILY RETAIL sell any of the products (“Products”) listed on our Website accessible from the URL address : https://kilo-shop.com These conditions only apply to non-trading Clients who are acquiring the products for their own personal use and not for any professional activity. These GTCS exclusively govern all orders and sales contracts concluded between the Seller and its Clients, to the exclusion of all other conditions, and shall prevail, where applicable, over any other version or other document. Consequently, the fact of placing an order implies the Client's full and unreserved acceptance of these conditions. The fact that the Seller does not at a given time invoke one of the clauses of these GTCS shall not be interpreted as a waiver of the right to invoke this clause at a later date. Changes to the GTCS are enforceable against the Client as soon as they are posted on the site accessible from the URL address https://kilo-shop.com and cannot be applied to transactions concluded previously to the changes being published online.
Article 2: Definitions
Each of the expressions and terms mentioned below, which may be singular or plural depending on the context in which they are used, shall have, in these GTCS, the meaning of the definitions specified below when used with a capital letter.
• “Seller” means DAILY RETAIL, a limited liability company with share capital of 20,000 euros, registered at the Rouen Trade and Companies Register (RCS) under no. 827 451 063, with Intra-Community VAT no. FR. 11 827 451 063 and head office at 159 Route de Paris 76920 AMFREVILLE-LA-MI-VOIE.
• “Client” means any individual who browses, acquaints himself with, reserves, orders and/or purchases a Product or service offered on the Site.
• “Product” means any product offered on the Site.
• “Site” or “Website” means the infrastructure developed by the Seller in accordance with the computer formats usable on the Internet, comprising data of various kinds, and in particular text, sound, still or animated images, videos and databases, intended to be consulted by the Client in order to learn about the Products and purchase the Products (www.kilo-shop.com).
• “The Internet” refers to different networks of servers located in various places around the World, linked together by communication networks, and communicating using a specific protocol known as TCP/IP.
Article 3: Ordering
The Client may place an order online for the Products offered on the Site. Any order implies acceptance of the price and description of the Products available for sale. The Seller undertakes to fulfil orders received on the Site within the limits of available stocks of Products. If the Products are not available, the Seller undertakes to inform the Client as soon as possible. The cancellation of the order for the Product that are out of stock and its possible reimbursement will then take place.
The Seller undertakes to send the Client a confirmation of receipt of the order by e-mail, including the following:
• a summary of the Products ordered and their references;
• the price of the Products
• the quantity of the Products ;
• the date of the order ;
• the cost of delivery;
• the payment method chosen by the Client;
• the mention that the Client has a withdrawal period.
The Client must check the content of the communication as soon as possible and notify the Seller immediately of any errors or omissions. The absence of a response to the confirmation of receipt of the order shall be deemed to be an acceptance of the order and its terms by the Client. Product offers are valid as long as they are visible on the Site.
Article 4 : Validity of the order
The online ordering procedure comprises the following steps:
Step 1: Product selection
For each product, a detailed description of the selected item (size, material, photo) and the selling price appear.
Step 2: Create/connect to customer account
To place an order, the Client must create a customer account or log in to the customer account. To create a customer account, the Client provide the Seller with the information needed to process the order: first and last name, delivery and/or billing address, telephone number and e-mail address.
Step 3: Delivery methods and costs
The information you have provided will be displayed, along with the possible delivery methods and times and the corresponding charges. Once you've checked that all the information is correct (contact details, delivery address, etc.), you can choose the delivery method according to the delivery times and corresponding charges.
Step 4: Order summary
The order summary is displayed on the "Order summary" page. Please check the details of your order and correct any errors before entering your bank details (card number, validity date and visual cryptogram).
Step 5: Acceptance of GTCS and payment
On-line payment of the order is made after having read these GTCS by clicking on "validate order". If payment is refused by the bank concerned, the order is automatically cancelled. Any payment made on the Site constitutes a firm order which may only be challenged in the cases set out in the present GTCS.
Step 6: Order confirmation
Once payment has been made, the Client will receive an e-mail confirming your order. This e-mail constitutes proof of your order. We recommend that you keep it.
Article 5: Delivery
The Client may have the Products ordered delivered to the address of his choice.
He/she must indicate very precisely his/her address and postal code without any abbreviation.
If the delivery address is not valid and therefore leads to the return of the Products for non-receipt at the address given at the time of the order, the costs of returning the Products to the new address given will be charged to the Client. For more information on the methods of delivery of the Products, the Client is invited to consult the following page www.kilo-shop.com.
The Seller undertakes to make deliveries, as soon as possible, from Monday to Friday, with the exception of public holidays and national holidays, and in any event no later than thirty (30) days after confirmation of the order.
In the event of a delay in delivery of more than days in relation to the deadline indicated at the time of the order or, failing that, at the latest thirty (30) days after confirmation of the order, the Client may enjoin the Seller by registered letter with acknowledgement of receipt, or by a written document on another durable medium, to carry out the delivery within a reasonable additional period.
If the Seller does not comply within this period, the Client may then cancel the order by registered letter with acknowledgement of receipt. The refund of the order will then take place within a maximum of fourteen (14) days.
All delivery times and, including those mentioned on the order confirmation, are determined as accurately as possible by the Seller.
In the event that the Seller is unable to deliver the Products ordered due to a sudden, even temporary, unavailability of the Products, he shall inform the Client of this without delay, and at the latest fourteen (14) days after the date of delivery announced by the Seller at the time of placing the order, by e-mail.
The Seller may offer the Client an equivalent Product, which the Client shall be free to accept or not.
If this equivalent Product is not suitable for the Client after acceptance and receipt, the return costs will be borne by the Client. The sums already paid by the Client will be reimbursed as soon as possible and at the latest within fourteen (14) days following the return of the Products.
For the follow-up of the order in progress, the Client can contact the Seller's Client service at the email address: email@example.com
After the Products have been dispatched, the Seller shall send the Client a dispatch notification e-mail with the order tracking number.
The Products shall be delivered in the presence of the Client or a person expressly designated by the Client at the address indicated at the time of ordering.
Where applicable, in order to collect the Products ordered in the shop, the Client or the person expressly designated by him/her must provide proof of identity and proof of order.
At the time of delivery, the Client or the person expressly designated by the Client is required to check:
• that the number of Products delivered corresponds to the information on the transport document (DDT) and the invoice;
• that the packaging of the Products is intact, undamaged and altered in any way whatsoever.
The Client or the person expressly designated by him/her must immediately notify any damage to the Products or an error in the number of Products or the non-conformity of the information, by placing a written control reservation on the proof of delivery. Once the Products have been accepted, the Client may not challenge the external appearance of the order.
Where the Client orders Products on the Site for delivery outside the European Union, the Client may be subject to import duties and taxes, which are levied when the Products arrive at their destination. Any sale of the Products outside the European Union will not be subject to VAT.
Any additional customs clearance costs shall be borne by the Client, as the Seller has no control over such costs.
As customs policies vary from one country to another, the Client is invited to contact the local customs service for more information. Furthermore, when the Client places an order on the Site, the Client is considered to be an importer of the Products concerned and therefore undertakes to comply with all the laws and regulations of the country to which the Products are shipped or made available by the Seller.
Article 6: Transport risk
The risk of loss or damage to the Products shall pass to the Client upon delivery. When the Client entrusts the delivery of the Products to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Products is transferred to the Client when the Products are handed over to the carrier. No claim for a credit note or exchange of a missing, damaged or lost Product after it has left the Seller's warehouses may be made by the Client against the Seller for the Product whose delivery the Client has entrusted to a carrier other than the one offered by the Seller.
Article 7: Prices and payment methods
The Client may choose to pay by credit card. The following cards are accepted: CREDIT CARD / CARTE BLEUE / VISA / MASTERCARD. Payment transactions will be made in euros. In the event of refusal of the card used by the payment center, the order will be automatically cancelled. The customer account contains purchase history and a link to downloadable and printable electronic invoices. These elements are available on your account for a period of 3 years. The Seller does everything to ensure the confidentiality and security of the bank details you transmitted on the Site. Bank details are thus protected, since only the payment agreement codes issued by the banks are kept. The Site uses a secure online payment system from BNP (MERCANET), which uses the SSL (Secure Socket Layers) system to encrypt information
Article 8: Retention of title clause
The Seller retains ownership of the Product sold until full and effective payment of the price. These conditions do not prevent the transfer to the Client, as soon as the Product is delivered, of the risks of loss and deterioration of the Products subject to retention of title, as well as the responsibility for any damage or prejudice that they may cause.
Article 9: Right of withdrawal
If the Client is not satisfied with the Products ordered, he may exercise his right of withdrawal without giving any reason.
The Client then has a period of fourteen (14) days from the delivery of the Products ordered on the Site to return them, with the postmark or the shop concerned acting as proof, where applicable. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
In this case, the Client must notify his decision to withdraw in writing in an unambiguous statement sent in the manner of his choice or by returning to the Seller the withdrawal form accessible in the annex to these GTCS:
• By e-mail: firstname.lastname@example.org
• By post to the registered office of the company.
At the same time, the Client shall return the Product which is the subject of this withdrawal to the Seller within the same period of time, by sending it to the above address.
The Product must be returned complete in new, unopened and undamaged condition, otherwise it will not be retaken or exchanged.
The Seller advises the Client, in order to avoid any loss or theft, that the Product be returned by registered parcel with acknowledgement of receipt. Furthermore, the original packaging must be carefully protected to avoid any deterioration in boxes or cartons.
The Client must request a return label from the Seller at the email address :
In the event of a valid withdrawal by the Client, the Seller shall refund all sums paid, including the initial delivery costs, by the Client for the Product concerned. However, if the Client does not return all of the Products in the same order, but retains some of the Products ordered, the Client acknowledges and accepts that the Seller will not refund the delivery costs.
This reimbursement will take place within fourteen (14) days from the day the Seller was informed of the Client's decision to withdraw. Nevertheless, if the Client does not return all the Products of the same order and keeps some of the ordered Products, he acknowledges and accepts that the delivery costs will not be reimbursed by the Seller.
The Seller will only reimburse Products once it has actually received them.
The right of withdrawal cannot be exercised for all products excluded by law in article L. 221-28 of the French Consumer Code, unless otherwise agreed by the Parties, and in particular Products that have been customized at the request of the Client, Products for contracts for the supply of goods made to the Client's specifications or clearly personalized, as well as for the supply of goods that have been unsealed by the Client after delivery and that cannot be returned for reasons of hygiene or health protection.
Article 10 : Guarantees
• Guarantee against hidden defects
The Products offered by the Seller are subject to the guarantee against hidden defects set out in Article 1641 of the French Civil Code, which states that "The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unsuitable for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, if he had known about them.
An action for latent defects must be brought within two (2) years of the discovery of the defect.
The Client may decide to implement the guarantee against hidden defects of the thing sold by choosing between the resolution of the sale or a reduction of the sale price in accordance with the provisions of Article 1644 of the Civil Code.
• Legal guarantee of conformity
The Products are also subject to the legal guarantee of conformity provided for in the French Consumer Code, which stipulates in particular that: "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing 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 made his responsibility by the contract or was carried out under his responsibility.”
The Client has a period of two (2) years from the delivery of the Products to obtain the implementation of the legal guarantee of conformity in the event of a defect in conformity. During this period, the Client is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entitles the Client to repair or replace the Product concerned within thirty (30) days of his request, free of charge and without any major inconvenience to him.
If the Product concerned is repaired under the legal warranty of conformity, the Client benefits from a six (6) month extension of the initial warranty.
If the consumer requests the repair of the Product concerned, but the Seller imposes the replacement, the legal warranty of conformity is renewed for a period of two (2) years from the date of the replacement of the Product.
The Client may obtain a reduction in the purchase price by retaining the Product concerned or terminate the contract by obtaining a full refund in return for the return of the Product, if:
- The Seller refuses to repair or replace the Product concerned;
- The repair or replacement of the Product concerned causes major inconvenience to the Client, in particular if the Client definitively bears the costs of taking back or removing the non-conforming Product, or if he bears the costs of installing the repaired or replacement Product;
- The non-conformity of the Product concerned persists despite the Seller's unsuccessful attempt to bring it into conformity.
The Client is also entitled to a reduction in the price of the Product concerned or to rescission of the contract if the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. In such cases, the Client is not obliged to request the repair or replacement of the Product concerned beforehand.
The Client is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the Product concerned for the purpose of repair or replacement shall suspend the warranty which was due until the delivery of the Product concerned in a reconditioned state.
• Guarantee of authenticity
The Seller guarantees the authenticity of all Products purchased on the Site.
Article 11: Privacy and personal data
Article 12: Responsibility
The Seller has an obligation of means for all stages of the ordering of Products, as well as for the stages after the order has been placed.
The Seller shall not be held responsible for a presentation of the Products that does not allow the Client to view them completely and accurately (e.g.: color appearing on the screen differing from the color of the product etc.).
However, the Seller undertakes to describe as accurately as possible or to present a photograph of the Products sold on the Site, it being understood that the photographs are not contractual.
The Client acknowledges and accepts that the prices of the Products are likely to vary between the Site and the shops, and that under no circumstances may this price difference be used as a basis for a request for total or partial reimbursement of the Products purchased either on the Site or in the shops.
In all cases, the Seller shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law, or to the act of the Client.
Likewise, the Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
Article 13: Force majeure
Neither party may be held liable if the execution of the contract is delayed or prevented due to force majeure or a fortuitous case, the fault of the other party or a third party or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the electricity network.
Article 14: Intellectual Property
The Seller is the exclusive owner of the intellectual property rights: - on the Products offered on the Site or in physical shops, on the trademarks, service marks, shape marks, designs and models and copyrights associated with the Products, on the Site and all its elements, in particular on the visual and graphic identity, on its design, on its ergonomics, on its functionalities, on the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and on the names, acronyms, logos, or other signs that could be made or used by the Seller.
It is forbidden to use trademarks, images, designs or any other element on which the Seller holds intellectual property rights.
Furthermore, the intellectual property rights on the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any other right than that of consulting the Site. The reproduction of any page or content of the Site is subject to prior written authorization from the Seller, except in the case of private copying.
The reproduction of any documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
You may not copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to locate the source code (except as provided by law), sell, assign, sublicense or otherwise transfer any rights in the software.
It is also forbidden to modify the software or to use modified versions of the software and in particular (without this enumeration being restrictive) with a view to obtaining unauthorized access to the service and to access the Site by any means other than through the interface provided to you by the Vendor for this purpose.
The Site and any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property or other laws.
Article 15: Duration
The present conditions apply throughout the duration of the online services offered by the Seller.
Article 16: General provisions
• Entire GTCS
The parties acknowledge that these GTCS constitute the entire agreement between them and supersedes any previous offer, arrangement or agreement, whether written or oral.
The headings of the Articles in these conditions have been inserted for the convenience of the Client and in no way are intended to restrict or modify any of the terms or provisions hereof.
If any of the provisions of this contract are found to be null and void with regard to a rule of law in force or a judicial decision that has become final, they shall be deemed to be unwritten, without this leading to the nullity of the contract or altering the validity of its other provisions.
The parties elect domicile at the addresses indicated at the time of the order for the Client and at the address appearing in the legal notice of the Site for the Seller.
• Applicable Law and disputes
The present conditions are subject to French law.
In the event of a dispute arising from this transaction, the parties undertake to seek an amicable solution before taking any legal action. The Client is hereby informed that he/she may have recourse to consumer mediation by contacting the mediator of [Name of mediator] by post at the following address: [Address of mediator] or by electronic means at the following address: [Email of mediator].
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
You are expressly reminded that requests for amicable settlement do not suspend the time limits for taking legal action.
The competent court in the event of a dispute shall be that of the defendant's place of residence, or, at the defendant's option, the place of actual delivery of the Product.
(please complete and return this form if you wish to withdraw)
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*): Numéro de commande :
Name of consumer(s):
Address of consumer(s):
(*) Delete as appropriate