GENERAL TERMS OF SALE
The general terms of sale below of the website YDONIS must be read closely and be accepted before ordering anything on the website www.ydonis.com
Any order made on the website www.ydonis.com implies a complete and unreserved agreement to the general terms of sale. YDONIS has the possibility to update these general terms of sale from time to time. The general terms of sale apply to the exception of any other document.
Article 1: THE WEBSITE
1.1 The Website www.ydonis.com is an e-commerce website that is accessible on the Internet at the following address : www.ydonis.com and it is open to any user of the Internet. It is edited and distributed by the company CAE CLARA / YDONIS, a limited cooperative company with variable capital. Its head office’s address is 09/11 rue de la Charbonnière 75018 Paris.
1.2 The Website offers to sell a variety of clothes and accessories for women to Net users browsing on the Website. By virtue of the Terms of sale, it is agreed that the User and YDONIS will be collectively named “the parties” and individually called the “party”, and that the User who validated an order will then be called the “Buyer”. The rights and duties of the User inevitably apply to the Buyer.
1.3 YDONIS reminds that the Products are exclusively for the personal use of the Buyer and it must not have any direct link with his professional activity. YDONIS reserves the right to refuse the carrying out of the order.
1.4 The Buyer declares that he has full legal capacity.
1.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms of Sale by ticking the box provided to that effect before ordering anything.
As a reminder, according to the provisions laid down in the articles 1316 to 1316-4 of the Civil Code, supplemented by the Decree n° 2001-272 of 30 March 2001, for the application of the article 1316-4 of the Civil Code and concerning the e-signature, YDONIS specifies that the validation of the order form as specified in the article 5.3 hereafter, constitutes an e-signature that has, between the Parties, the same value as a handwritten signature.
1.6 The aim of the General Terms of Sale is to define the rights and duties of the Parties born from the online sale of the Products offered on the Website.
Article 2: THE PRODUCTS
a) Description of the Products
2.1 The Products offered by YDONIS are those shown on the Website on the day of its consultation by the User and within the limits of available stocks.
2.2 The Products are described and presented with the greatest precision possible. The photos illustrating, in support of the text, the products do not enter in the contractual field. As such, if YDONIS tries to represent as faithfully as possible the Products of which the photos are displayed on the Website, variations may occur, particularly given the technical limitations of color renderings of computer equipment. If ever there have been errors or omissions, YDONIS will not accept any responsibility as such.
b) Availability of the Products
2.3 YDONIS is committed to honour the orders only within the limits of available stocks. If one or several Products are not available, YDONIS is committed to inform the User as soon as possible. YDONIS incurs no liability for a stock shortage or the unavailability of the Products.
2.4 The unavailability of the Product can be notified to the User:
▪ When he enters his order, he will be told that the Product he wants is unavailable at the moment.
▪ After the validation of his order, an email will be sent to the Buyer from YDONIS to notify him.
c) Retention of title
2.6 YDONIS retains title to the Products ordered until they are fully paid.
Article 3: PRICES
3.1 The Prices of the Products are given in euros and USD, tax inclusive, without the participation to the delivery costs, on the day of the order.
3.2 The price billed to the Buyer is the price given on the order confirmation that YDONIS sent by email.
3.3 YDONIS reserves the right to update the prices at any time without notice. The Products will be billed on the basis of the rates in force when the order is entered, within the limits of available stocks. The rate in force is the one given on the Website, errors of typography excepted, for which YDONIS is not responsible.
3.4 Prices are payable in full in a single installment when the order is confirmed.
3.5 Any missed payment will result in the invoicing of a 30 euros fee for each payment incident. The data recorded by the Website are a proof of the transactions between YDONIS and the Buyer. The data recorded by the payment system are the proof of financial transactions. The sale is final when the secure services accept the transaction.
Article 4: PAYMENT
4.1 It is stated that you can pay on the Website by credit card or Paypal. The payment for the Products bought on the Website can be done safely, from France or from foreign countries, 24/7, with the bank cards below:
▪ Carte Bleue
▪ Eurocard – Mastercard
4.2 The User will enter his card number, the cardholder name, the term of validity and the 3 numbers of the visual cryptogram that is on the back of your card.
4.3 YDONIS reserves the right to refuse to honour the order of a User if YDONIS and the User are under dispute, of any nature whatsoever.
4.4 YDONIS uses a secure payment system. The integrity of the data exchanged between the Buyer and the secure platform is protected against any hacking attempt. The confidential data are directly transmitted on the server of the bank, without ever being sent through the servers of YDONIS.
4.5 YDONIS reserves the right to cancel any order presenting a risk of fraudulent use of the bank card.
4.6 It is stated that any order paid by cheque will be “confirmed” and taken into account only after receipt of the amount of the cheque by YDONIS.
Article 5: THE ORDER
a) Browsing the Website
5.1 The User may navigate freely on the Website with no commitment to purchase via an order.
b) Registering an order
5.2 To order, the User has to click on “Add to my cart “. Each time an item is added to the cart, a specific screen will appear.
5.3 At any time before confirming his order, the User can:
▪ Get a summary of the Products he selected and modify his order by clicking on the link “CART“
▪ Continue his selection of Products by clicking on “Continue shopping”
▪ Finish the selection of the Products and confirm the order by clicking on “Order”.
5.4 To order the Products he thus chose, the User will have to click on “Order” and will confirm the buying journey offered.
5.5 An order form appears on the screen, summing up: the nature, the quantity and the price of the Products ordered by the User, as well as the total amount of the order.
5.6 The User will have to identify himself by filling in the form with great care, especially the mandatory information: his first name, his name, his email address, his password, his birth date, the delivery address and the billing address.
5.7 The User is informed and accepts that the capture of his identifier is a proof of his identity and shows his consent.
c) Final confirmation of an order
5.8 The confirmation by the User of his order on the Website implies the agreement to the General Terms of Sale.
5.9 The User may then pay his order by entering his banking information.
d) Confirmation of an order
5.10 When the Buyer confirms the payment of his order, a summary will appear with the transaction number. This summary also appears in the email of confirmation of the order.
5.11 An email of confirmation of the sending is sent to the Buyer on the sending date of the products.
5.12 Pursuant to article L.132-4 of the Consumer Code, when an order is for an amount greater than or equal to €120, YDONIS keeps the verbiage stating that the contract entered into electronically between YDONIS and the Buyer for the period of time from the start of the contract until the date of delivery and for 10 years thereafter (in compliance with the decree 2005-137 of 16 February 2005)
Article 6: THE DELIVERY
6.1 The Products ordered are, depending on the choice of the Buyer, delivered to any address all around the world.
6.2 The orders are dispatched by LA POSTE.
6.3 In both cases, the Buyer will be able to track his order on the Internet.
6.4 The products ordered by the Buyer will be delivered to the address given by the Buyer on the order form or they will be left at the Post office attached to the delivery address of the Buyer, in case of absence of the recipient of the Order. If so, the postman will leave a delivery notice in the mail box of the recipient so that he can pick up his parcel during office hours of the Post office, within 15 days.
6.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract. In case of error in the delivery information given by the Buyer, YDONIS could not be held responsible for failure in delivery.
6.6 The shipping costs are based on the destination and weight of the parcel, according to the rates of the postal services in effect. For any delivery outside of metropolitan France, no matter the amount of the order, you have to pay the shipping costs. If the forwarding is imputable to you (the delivery address you gave was not correct, or you did not get the parcel at the post office within the 15 days), there will be additional charges, upon acceptance of the Buyer. If the Buyer does not accept to pay these additional charges, the order will be cancelled and the Buyer will be refunded the amount of the order on his bank account, minus the delivery charges.
6.7 The delivery times are given in an advisory capacity. YDONIS does not accept any liability with too long delivery times on account of the postal services, and with the loss of the ordered Products, or with a strike of the postal services. It is stated that the risks associated with transport are carried by the Buyer. In case of late delivery, the Buyer will have to notify this delay as soon as possible to the YDONIS Customer Service by mail, email or phone (check the contact details in article 12).
6.8 When he receives the ordered Products, the Buyer will have to check the compliance of these Products with his order. Any irregularity concerning the delivery (missing or damaged Product, damaged parcel, etc.) has to be reported by the Buyer on the receipt given by the postal services during the delivery of the parcel, and has to be notified in writing to the YDONIS Customer Service. Any complaint made 15 days or more after the delivery will be rejected. The Buyer is considered to have unreservedly accepted the Product. Therefore, YDONIS will not be liable.
6.9 YDONIS will not be liable in case of loss, of sending to a wrong address or for the delivery delay of a Product, as far as the risks associated with transport are carried by the Buyer.
6.10 The Products offered are in compliance with the French legislation force. YDONIS is not to blame in case of non-compliance with the legislation of the country where the Products are delivered. It is up to the Buyer to check with the local authorities if he is authorized to import or to use the ordered Products.
6.11 Only guarantee made: The Products are in perfect condition during the handing-over to the carrier. No other express or tacit guarantee is issued.
Article 7: EXCHANGE/RETURN OF A PRODUCT: RIGHT OF WITHDRAWAL
7.1 The Buyer has a right of withdrawal for the following reasons:
▪ Non-fulfillment of the Product for any reason.
▪ Non-compliance of the Product
7.2 In both cases referred to in 7.1, the Buyer will have the possibility to ask YDONIS for an exchange or a refund of the Product.
7.3 To exercise his right of withdrawal, the Buyer will have to ask for it within 15 days after receipt of the Product. The Product shall be returned to YDONIS at the address given in Article 12 and shall meet the following conditions:
▪ Be in perfect condition,
▪ Not have been used,
▪ Be in its original packaging,
▪ Be accompanied by the bill.
7.4 If the Product is found leading to non-compliance with the order, or is defective upon delivery, the return shipping fees will be the responsibility of YDONIS.
7.5 YDONIS does not accept postage due parcels. Any risk associated with the transport is carried by the Buyer.
7.6 If the above-mentionned conditions are met and if the Buyer wanted a refund of the Product, YDONIS will pay back the amount of the Product(s) bought by the Buyer to him, within 30 days starting on the date of receipt of the returned Product by YDONIS.
Article 8: DATA PROTECTION
8.1 Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary to process and deliver orders, as well as for drawing up the relevant invoices. Such informations are strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
8.2 The security protocol ensures total confidentiality of the information sent. YDONIS is committed not to transmit or exploit any personal information of the Buyers (Data Protection Act n°78-17), except if they are linked to his strict activity.
8.3 In accordance with the Data Protection Act n°78-017 of 6 January 1978, the User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a request to YDONIS by email or by mail (see the contact details in article 12).
8.4 The processing of personally identifiable information is subject to formal declaration registered with the National Commission for Information Technology and Civil Liberties (CNIL): n°1359103.
Article 9: LIABILITY – FORCE MAJEURE
9.1 YDONIS has only a mere best efforts obligation for every step to access and order on the Website (order process, delivery, customer service, etc.).
9.2 YDONIS cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with the case-law, in particular a strike of the postal services, a stock out from the manufacturer, the destruction or the total loss of the stock, a model not made any more that YDONIS would not know about, as well as any exceptional event.
Article 10: INTELLECTUAL PROPERTY
All elements of the Website, visual or sonorous, are protected by copyright and are under intellectual and artistic property around the world. Reproduction in whole or in part is strictly prohibited without prior agreement.
Article 11: CONTACT
YDONIS – Service WEB
39 rue Nollet
75017 Paris, FRANCE
Article 12: PARTIAL NON VALIDITY
If a particular stipulation of these General Terms of Sale is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect.
Article 13: THE ENTIRE CONTRACT
13.1 These General Terms of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties.
13.2 In case of contradiction between the documents, the General Terms of Sale have priority.
Article 14: APPLICABLE LAW AND THE JURISDICTION CONCERNED
14.1 These General Terms of Sale and the contractual relationship between the Parties are subject to French law.
14.2 Any dispute or litigation, whatever their nature or reason, in absence of an amicable agreement, will be heard solely by the Paris courts.
www.collectionvoyage.com is edited and distributed by:
CAE CLARA/YDONIS, limited cooperative company with variable capital. Head office: 09/11 rue de la Charbonnière– 75018 Paris – France.
www.ydonis.com is designed, developed, maintained, and provided by: OVH and Lara MEISSIREL
The Website in its entirety is considered to be the exclusive property of YDONIS. No reproduction or representation can be made without the prior written consent of YDONIS.
YDONIS does not warrant the accuracy and completeness of the information given on the Website and the editor cannot be held liable for any error. If you notice some errors, please report them to: firstname.lastname@example.org.
YDONIS has the right to correct the content at any time without notice.