1. LEGAL INFORMATION
These general terms and conditions of sales (the "T&C’s") are proposed by John Dalia (referred to here as “John Dalia” or “we”, “us” and “our”), a French limited liability company with a share capital of EUR 3,310, registered at the trade and companies registry of Nanterre, France under number 530 495 233, whose registered office is located at 35 Boulevard d’Auteuil 92100 Boulogne-
Billancourt, France. John Dalia owns and is the editor of the website https://www.johndalia.com (the “Site").
2. APPLICABILITY OF THE T&C’S
The T&C’s are applicable to any person using the Site and purchasing designer luxury eyewear products offered to sale (referred to here as the “Client” or “you”, and “your”). Before using our Site and placing an order, we kindly ask you to read carefully and accept the present T&C’s. These T&C’s are without prejudice to all applicable law and regulations, especially those concerning mandatory public policy provisions applicable under national consumer’s laws. You will also be required to accept these T&C’s prior to placing any order on the Site. These T&C’s are regularly updated but the applicable version will be the version in effect on the Site at the date of your order.
3. ORDERS AND ACCOUNT
You may select any products offered on the Site you wish to purchase and add them to your cart. The cart will include the Products selected and the total price of the order. You will have the possibility to modify your cart and to correct any errors before proceeding to checkout of the order. To proceed to your order, you will need to provide shipping information and choose a shipping method with associated shipping costs. You will have here the option to save your information details, so you may not need to re-enter your details in case of a new order. To validate your order, and after reviewing the content of your cart, you will be requested to provide payment information, check the acceptance tick box of the T&C’s, and clicking on the payment button, which entails an obligation to pay John Dalia for the corresponding order.
4. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
The prices are displayed on the Site in the description of the Products, in euros, all taxes included. Shipping fees will also be communicated before the end of the ordering process. Prices for our Products are subject to change without notice.
To validate your order, you will need to review and validate it before proceeding to payment. John Dalia is acting as the agent of the payment services provider specialized in secured online payment. This system guarantees the confidentiality and encryption of payment information. Payment method details are not processed by John Dalia. You represent having the authorization and capacity to use the method of payment chosen to pay the order. John Dalia reserves the right to refuse orders which it considers doubtful or for any other legitimate reason and to suspend or cancel the execution and/or delivery of any order, whatever its nature and level of execution, in case of incident of payment, or in case of fraud or attempted fraud concerning the use of the Site and payment of an order.
After the order is confirmed with a valid method of payment, your will receive an acknowledgement e-mail confirming receipt of the order: this email is only an acknowledgement and will not constitute acceptance of the order. A contract will only be formed when you will receive an email confirming the order.
5. PRODUCTS DELIVERY
The indications on Products’ availability are provided on the Site. Errors or modifications may occur exceptionally, in particular in the event of a stock-out due to an important amount of orders on the same Product. In the event where the Product would be unavailable after the order is placed, John Dalia will inform you as soon as possible, proposing either to order another Product or to cancel the order. No payment is due until the availability of the Product is confirmed.
The countries for which the Products may be delivered are indicated at the beginning of the ordering process. You are invited to select the country in which you want to be delivered. Products will be delivered within the timeframe communicated during the order process. In the event of delayed delivery due to unforeseeable circumstances, you are invited to contact us in order to know the additional period of time required for delivery of your order. In the absence of delivery at the expiration of the additional period communicated, you may cancel your order by sending us a cancelation request to the contact details communicated in the customer service article below. You will be reimbursed at the latest after fourteen days of our receipt of your cancellation request. You must however always ensure that the delivery information provided when placing your order are and remain correct until the ordered Product(s) are received. You shall inform us of any change of shipping information which could intervene between the order and delivery by sending, without delay, an email to the address indicated in the customer service article below. In case of delayed delivery caused by incorrect shipping information, John Dalia cannot be held liable for any delay and/or lack of delivery. We may also not be liable if the non-receipt or delay in the delivery of the Products is due to an event of force majeure as defined by the applicable law and the competent courts.
6. CUSTOMER SERVICE
For any request for information, clarification or any complaint, you may contact us, in order to find a solution to your issue. Our customer service can be reached using the contact form available on the Site. You may also reach us at firstname.lastname@example.org
We are under a legal duty to supply Products that are in conformity with the offers made on our Site and the present T&C’s. John Dalia ensures to provide Products as described on the Site but expressly disclaims all implied warranties of merchantability or fitness for a particular purpose. The above disclaimer shall however not deprive you from any statutory warranty you may be entitled to under your law of residency. John Dalia warrants products to be free of manufacturing defects for a period of two years from the date of purchase. During the warranty period, and upon proof of purchase, the Product will be repaired or replaced at no charge unless it is proven that the defect is not a manufacturing defect but a defect occurring after the sale of the Product. John Dalia expressly reserves the right to refuse to repair or replace any Product for which it can be demonstrated that the Product has been modified or misused by the Client.
9. WITHDRAWAL RIGHT
You may exercise your withdrawal right within 14 days from the receipt of the last Product ordered on the Site for a specific order. In order to exercise your right of withdrawal, you shall notify us your withdrawal decision by any means, including by mail to the Company at the following address: JOHN Dalia, 70 avenue Kléber 75116 Paris, France or by email at email@example.com. You may also use the model cancellation form reproduced at the end of these T&C’s. Once we receive your demand of withdrawal, we will notify without undue delay on the process and address for you to return your Products. You shall return the Product(s) at your own expense and in the same condition in which Products were received, with all packaging elements, as soon as possible and at the latest within 14 Days from the date of notification of your decision to withdraw from the contract. In case of withdrawal, the refund of the Product(s) which has been the subject of the right of withdrawal will be made through the same means of payment as used for the initial transaction. Reimbursement shall be made as soon as possible and no later than 14 days from the receipt of the Products by us or from our receipt of your proof of shipment of the Products. A partial refund of order may be applied in case of depreciation of the Product(s) returned following the exercise of your right of withdrawal, resulting from manipulations other than those strictly necessary to establish the nature, characteristics and proper functioning of the Product.
10. LIABILITY – USE OF OUR SITE
We shall in no event be liable for any breach or improper performance of all or part of the present T&C’s, which would be attributable either to your own fault, to a third party or to a force majeure event beyond our reasonable control. To the maximum extent permitted by applicable law, in no event we shall be liable for any indirect,
incidental, special, consequential, punitive or exemplary damages. We procure our best efforts to ensure that the Site remains at all-time available but cannot held liable in case the Site is inaccessible due to constraints inherent to the functioning of Internet, maintenance operations, any failure or bug, or any event beyond our reasonable control. Before using the Site, you must ensure that the technical and computerized means to use the Site, and internet browser are secured. You must also ensure that your computer configuration or your hardware / equipment is in good condition and does not contain any viruses.
11. OBLIGATIONS WHEN USING THE SITE
The provisions of these T&C’s shall be respected when placing an Order but also for any use or visit of the Site. You may only use this Site for your own personal use, in accordance with these T&C’s. In this regard, you are requested:
- To use the Site in any illegal manner, for any illegal purpose or in any way incompatible with these T&C’s.
- Sell, copy, reproduce, lease, lend, distribute, transfer or sublicense all or part of the content on the Site or to decompile, extract, disassemble, modify, display in readable form, attempt to discover any source code or use any software that scraps all or any of the Site.
- To attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that is disruptive, degrading, or interfering with performance or impairing the functionality of the Site.
- To use the Site for abusive purposes by deliberately introducing viruses or other malicious programs and attempting unauthorized access to the Site.
- Infringe the Company's intellectual property rights and / or buy products in the attempt to resell them as a professional reseller.
- To denigrate the Site and / or the Products and John Dalia on social networks and any other means of communication.
12. INTELLECTUAL PROPERTY
We maintain ownership on all the materials of the Site including but not limited to source code, design, graphics, data base, software, text, photographs, video, audio, trademarks and logos available on the Site. It is not permitted to reproduce, extract, disclose, transmit, make available to the public, distribute, display, remove, delete, add to, or otherwise modify, create and use derivative works from any of
the material of the Site in whole and/or in part, in any form and or manner or for any purpose.
13. PERSONAL DATA
14. GENERAL PROVISIONS
In the event that any part of these T&C’s were to be declared invalid or inapplicable under applicable law, including but not limited to the exclusions from warranty and the limitations of liability outlined above, the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, while the other terms of these T&C’s remain in force and fully effective. John Dalia shall be entitled to assign, transmit, sub-contract or delegate its rights, duties and
obligations under these T&C’s to a third party.
15. APPLICABLE LAW AND JURISDICTION
These T&Cs are governed and interpreted in accordance with French law for any person purchasing Products from our Site in the context of its professional activities. When acting as a consumer, the Client will benefit from any mandatory provisions of the law of the country of residency. Nothing in these T&C’s, including the paragraph above, affects the rights as a consumer to rely on such mandatory provisions of local law. In the event of a dispute that may arise in connection with the interpretation and / or execution of the present or in connection with these T&C’s, the Client may decide to submit the dispute to a conventional mediation procedure. The European Commission has placed at your disposal an online platform for resolution of disputes which you many access on: http://ec.europa.eu/consumers/odr/.