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General Conditions of Sale

Introduction

The website www.dpam.com is a service provided by DU PAREIL AU MEME SAS (‘DPAM’), a French simplified joint stock company with capital of €4 903 352, registered in the Evry Trade and Companies Register at no. B 326 019 775 with registered office at 30 cours de l'Ile Seguin CS 80112, 92650 BOULOGNE CEDEX, FRANCE.

Contact:

  • By mail: DPAM Service Client Internet – 30 cours de l'Ile Seguin CS 80112, 92650 BOULOGNE CEDEX, FRANCE or,

  • By email via our contact form: www.en.dpam.com/contact or,

  • Directly by email to serviceclient@dpam.fr or,

  • by telephone on  09 70 82 04 90 from metropolitan France, at local call rates from a landline, Monday to Friday from 9:30 am to 12:30 pm and to 2:00 pm to 6:00 pm (French time) and by telephone on +33 9 70 82 04 90 from abroad.

 

The website www.dpam.com is hosted by the company Altima, a French simplified joint stock company with capital of € 587,040, registered in the Lille Trade and Companies Register at number 411 780 687 with registered office at 33 rue Dupleix 59100 Roubaix (France).

 

The Director of Publication of the website is Mr Guillaume Descotte.

 

DPAM subscribes to the professional code of the Fédération des Entreprises de Vente à Distance (FEVAD -60 rue la Boétie - 75008 Paris, France) [French Federation of Distance Selling Enterprises] and has undertaken to respect its professional charter.

 

 

Article 1 - Definitions

  • Customer’ or ‘you’ means any natural person of full age or in any event having legal capacity to enter into a contract who places an order on the website, excluding for professional purposes, according to the stated prices and conditions.

  • Order’ means the purchase order placed by the Customer for one or more products displayed on the website, for delivery to one of the countries listed at the address http://www.dpam.com/countries_delivered .

  • General Sales Conditions’ or ‘CGV’ in the French acronym, means the sales conditions summarised in this document which govern all sales of DPAM of Products to all Customers.          

  • Product(s)’ means all products offered for sale on the website www.dpam.com.

  • Website’ means the website www.dpam.com published by the company DU PAREIL AU MEME SAS.

 

Article 2 - Subject

 

These General Sales Conditions govern exclusively sales of products offered on the website www.dpam.com concluded between DPAM and any natural person of full age, or with legal capacity to enter into a contract, it being understood in this context that DPAM’s intention is not to conduct sales to professionals on the website.  In consequence, all orders placed via the website imply unreserved acceptance of these General Sales Conditions.

 

These General Sales Conditions may be amended, in which case the conditions applicable to an order will be those in force on the website at the time the order was placed.                                        

 

 

Article 3 - Prices

3.1   For deliveries to European Union countries, prices are expressed in Euros, inclusive of taxes (VAT and other applicable taxes) but excluding carriage.        

3.2   For deliveries outside the European Union, prices are automatically expressed ex-tax and ex-carriage.  Customs duty, other local or state taxes or import duties may also apply. These will be charged to you and you remain totally responsible for making both declarations and payment to the competent local authorities. Should you refuse to pay the aforementioned duty or taxes, DPAM shall not be held liable for the consequences of said refusal and shall not be bound to indemnify you or reimburse sums which you have paid to DPAM, specifically if your package is destroyed at Customs.                                                                                                            

3.3   DPAM reserves the right to amend the prices of products at any time, it being understood, however, that products will be invoiced to you at the rates in force at the time of order confirmation.          

 

Article 4 – Orders

 

4.1  You can place orders:

  • on the internet: www.dpam.com

    • by telephone on 09 70 82 04 90 from metropolitan France, at local call rates from a landline, Monday to Friday from 9:30 am to 12:30 pm and to 2:00 pm to 6:00 pm (French time) and by telephone on +33 9 70 82 04 90 from abroad. 

4.2  All orders placed on the website require you to create a customer account. Access to your customer account is conditional on identifying yourself using the email address given when creating your account and your secret, personal and confidential password. DPAM shall not be held liable for any actions carried out via or concerning your customer account by a third party to whom you have disclosed your identifiers or who gained access to your identifiers or your customer account through your fault or negligence.                                                                                  

 

When placing your orders, after selecting the Products you wish to buy, please check and possibly correct the contents of your basket (i.e., In particular, identification and quantity of products selected, corresponding prices, etc.), indicate the delivery method, accept the  General Sales Conditions by ticking the box ‘I have read and accepted the general sales conditions’, and provide the information requested during the ‘Payment’ stage’, and then confirm your order.                                                     

 

Once your order has been placed, DPAM will acknowledge it by sending you an email summarising your order and its number.                                                   

 

DPAM will then confirm the order at the latest within two business days. However, during this stage and for the purposes of prevention of fraud in the use of bank cards and similar on the Internet, you may be asked to provide documentary proof (of your identity and/or residence and/or the method of payment used); the time required to forward the required documentation to DPAM may then postpone despatch or delivery of the Products ordered by an equivalent period. Default or refusal to forward the documentary proof required may result in DPAM rejecting the order concerned. It is specified that DPAM reserves the right to reject orders for the same Product in significant quantities, i.e. orders for more than ten identical items.

Once your order has been confirmed, DPAM will despatch it. You will receive an email informing you that the goods have been shipped. The invoice for the order will then be available in your ‘My Account’ space for eighteen (18) months.                                                    

You can track the progress on your order on the website in ‘My Account’ or by contacting Customer Services for any other matters concerning your order.

 

4.3. Unless proved otherwise, the date recorded by DPAM when you place your order on the website shall serve as the sole reference between you and DPAM.

 

4.4 All product offers are valid for as long as they can be viewed on the website. In exceptional cases where the Product(s) ordered are not available after order confirmation, you will be sent a notification email. The order for the unavailable Products will automatically be cancelled and your card will not be debited.          

 

Article 5 – Payments

 

5.1  You can pay for your purchases:      

 

5.2  The card or other payment means will be debited when your order is despatched.                       

 

Article 6 - Delivery

 

6.1  Deliveries in metropolitan France are made according to four delivery methods, optionally:

  • Either by La Poste, Colissimo Suivi service to the stated delivery address, from Monday to Saturday, within approximately two to five business days from the date of order despatch.  

  • Or by Kiala, to the stated Kiala pick-up point, from Monday to Saturday, within approximately two to five business days from the date of order despatch.                      

  • Or by TNT Express to the stated delivery address, within a guideline average delivery time of between twenty-four and forty-eight hours from the date of order despatch.                 

 

6.2  Deliveries to countries inside the European Union will be sent by COLISSIMO Suivi Europe from Monday to Friday, within an average of three to six business days from the date of despatch of your order, depending on the country of destination.          

6.3  Deliveries to the rest of the world (including French DOM-COM), will be made by COLISSIMO Suivi from Monday to Friday, approximately three to ten business days from the date of order despatch, depending on the country of destination.                 

6.4  The delivery costs for your order depend on the weight of items ordered, the country of delivery and the shipping method you select.  You will be notified of this amount before confirmation of your order.           

6.5  The delivery deadlines indicated above start from confirmation of your order by DPAM.  Details of the final delivery date for your order(s) will be sent to you before you confirm your order.                                                                   

6.6  Should your order incorporate several Products with different delivery dates, the delivery date of the order will be the date of delivery of the last Product. DPAM reserves the right to split deliveries. In this case you will only be invoiced for the processing and shipping costs for a single delivery.

6.7  Please note that PO boxes, campsites, hotels and restaurants cannot be accepted as valid delivery addresses.                     

6.8  The information you provide when ordering is binding. If there is an error in the recipient’s personal details (specifically name, first name, number and name of street, post code, name of town, telephone number or email address, etc.), DPAM shall not be held liable for any potential inability to deliver an order.                                   

6.9  If Products are delivered in a damaged condition (damaged package, already opened etc.), observed on receipt, you may refuse to accept the Product. If you do not observe the damage until after you have accepted the Product, you must immediately contact Customer Services so the Product can be exchanged or refunded, according to the circumstances.

 

6.10  If deliveries are made more than seven days late, excluding cases of force majeure, you are legally entitled to cancel the sale by registered letter with return receipt within 60 days. The sales contract will then be deemed terminated on the date DPAM receives your cancellation letter. If notice of cancellation reaches us before despatch of your order, the latter will be cancelled and your account will not be debited. If your cancellation arrives after despatch of your order, you must return the complete order (packaging, accessories, original labels, instructions, etc.) in its original condition. On receipt, we will refund the price within a maximum of thirty days plus the postage. The postage will be reimbursed at the rate invoiced in the order for the delivery charges and for the return of goods, at standard postal rates subject to documentary proof.                                                                                                            

 

Article 7 - Returns

 

7.1 Fourteen day right of withdrawal

Pursuant to current legislation, you have fourteen days from receipt of your Products to exercise your right of withdrawal vis-à-vis DPAM without stating any reasons or paying any penalty. 

In the event of exercise of the right of withdrawal within the fourteen day deadline, only the price of the Products purchased and the associated delivery costs for the returned Products will be reimbursed. The cost of returning the Products is your responsibility. A return form must be attached to all returned Products.                                                      

 

Products must be returned in their original condition and be complete (packaging, accessories, original labels, instructions, etc.) so they can be resold as new. Products which are returned incomplete, damaged or soiled will not be accepted or refunded.  For more details on the procedures for returning Products, please consult the page ‘Returning goods is easy’ in the ‘Our Services’ tab at the bottom of all website pages.                                                                     

 

Pursuant to current regulations, the right of withdrawal may not be exercised for DPAM gift cards, or for contributions made to baby gift lists.                                    

 

7.2 Conformity of products to the order 

 

Should you receive one or more Products which are defective, damaged (damaged packaging, already opened etc.) or which do not correspond to your order, which you did not refuse on receipt, you must return the Products by following the procedures described on the ‘Returning goods is easy’ in the ‘Our Services’ tab at the bottom of all website pages.                                                                      

 

On receipt of the returned products, DPAM will, according to your choice, exchange or refund the Product(s) or issue a credit note under the conditions specified at articles 7.3 to 7.5 below.                                  

 

 

7.3  Exchanges

In one of the situations at articles 7.1 and 7.2 above, you can request an exchange for a returned Product. To exchange Products on the website, please contact Customer Services.                                                           

You can also exchange Products at the participating DPAM store of your choice in metropolitan France (excluding Corsica) for another Product in the same category (DP...am Enfant, DP...am Bébé, DP...Chaussures ou DP...am Nuit). The list of participating DPAM stores is available at the following address:http://www.dpam.com/service-retour-magasin.html. Exchanges can only be made on presentation of the invoice at the till. The invoice will be available in your ‘My Account’ space and must be printed. No refunds will be made in-store.                                                        

 

In any event, exchanges are all subject to the limit of DPAM stocks.                                    

           

 

7.4  Refunds

7.4.1   Refunds for Products in the cases described in articles 7.1 and 7.2 above shall be made at the latest thirty days following receipt by DPAM of the returned complete Products (packaging, accessories and original labels, instructions etc.) in their original condition, or within thirty days of exercise of your right of withdrawal if the refund is due following exercise of your right of withdrawal, as referred to in article 7.1 above.                                      

7.4.2   If you paid for your order by bank card or Paypal, refunds will be made to the account used at the time of the order.                                        

7.4.3   Should you obtain one or more privileges when placing an order for one or more Products, and then request a refund for reasons other than non-conformity to the order, you will forfeit the privileges and specifically the amount of the refund may be affected.                             

 

7.5  Issue of a DPAM credit note on your ‘My Account’ page       

If you so request when returning Product(s), a DPAM credit note may be issued to you. The credit note, which can be used exclusively on www.dpam.com, will be available in ‘My Account’ on the page ‘My Credit Note(s)’ and feature as an option on the payment page when you place your next order. The credit note will be valid for one year from its issue date.

 

 

Article 8 – Personal data      

 

8.1 Personal information provided at the time of order             

 

Information and data about you are necessary for DPAM to manage your order. In this context, data may be forwarded to third party companies responsible for the provision of services and processing orders, for the purposes of managing, executing or processing orders or for after-sales services. The information and data are also archived for security purposes, to comply with the statutory and regulatory obligations and so that DPAM can improve and customise services and information for its customers.                                         

Pursuant to the French ‘Data Protection Act’ of 6 January 1978, amended in 2004, you have the right to access, rectify and challenge the personal data recorded about you. Simply write to us online at the address:http://www.dpam.com/contacts/ or by post to DPAM Service Client Internet - Antelios Bat C - 75 rue Marcelin Berthelot - 13858 Aix en Provence Cedex 3, France, stating your name, first name, and email address. Pursuant to the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specifying the address for the reply. Replies will be sent a maximum of two months following receipt of the request.                                 

Depending on your options when creating or consulting your account, or in the order process, you may receive offers from DPAM or its partners (only if you have ticked the box for this purpose), by post, email or text.  If you no longer wish to receive this service, you can request us to stop it from your ‘My Account’ space, ‘My Newsletter Subscriptions’ page.                                                                                                              

8.2  Bank information forwarded at the time of order          

So you can pay for your orders, banking information and data are collected by PAYLINE, our payment service provider. The PAYLINE solution is certified PCI-DSS by Visa and Mastercard. This is an international security standard of which the purpose is to guarantee the confidentiality and integrity of bank data collected and to provide secure protection for data and transactions. The banking information and data required to manage your order are archived for thirteen months from the date of the debit, exclusively to serve as proof if the transaction is challenged.                                                                                              

If you consent at the ‘Payment’ stage of the order process, your banking data (card number and expiry date – the security code of the card is not retained) will be stored to avoid the need to re-enter the data for future orders.  Simply enter the security code for the bank card used when paying for new orders on the website.                                                                  Your banking details will be stored in total security by PAYLINE, via a PCI-DSS certified solution. You can, at any time, delete references to one or more bank cards from the ‘My Account’ space on the website.                                               

 

8.3  Information forwarded while browsing the website        

 

To optimise and customise your website browsing experience, data exchange technology is used, specifically including cookies. Cookies are active when browsing the website and when you place an order. For more information on the use, purpose and possibility of parametering cookies, and on DPAM’s general policy on data collected from the website, please consult our personal data policy by clickinghere.                                                                                                                

 

 

Article 9 – Warranties and Liability

 

9.1 Legal warranties

Pursuant to current legislation regarding the conformity of Products to the contract of sale, and specifically, those stipulated in the Appendix to these General Sales Conditions, we undertake to refund or exchange defective products or those which do not correspond to your order pursuant to articles 7.3 and 7.4 of these General Sales Conditions.                                                  

You also benefit from the legal warranty against hidden defects pursuant to the legal provisions specified in the Appendix to these General Sales Conditions.                  

 

9.2 Contractual warranties 

 

In addition to the legal warranties, certain products sold on the website enjoy a so-called ‘Manufacturer’s Warranty’ of which the scope and term varies according to the Products and the brands. The existence of the Manufacturer’s Warranty, if applicable, will be notified on the website in the Product Description sheet. Please read the instructions for use supplied with each Product, covered by such a warranty carefully, to understand the precise terms.   

 

To enforce the ‘Manufacturer’s Warranty’, please contact Customer Services by telephone, making sure you have the product invoice to hand.

 

9.3 Liability 

 

Pursuant to article L.121-20-3 of the Consumer Code, the liability of DPAM for distance selling contracts concluded via the website may not be invoked in the event of non-execution or unsatisfactory execution attributable to the Customer, to an unpredictable and insurmountable act of a third party to the agreement or in the case of force majeure as defined by case law in French Courts.                  

 

It is reiterated that if Products are purchased for professional use, DPAM may not be held liable for any damage which may occur in relation to the purchase or use of said Products in a professional context.

 

Article 10 – Intellectual Property 

 

All components of the website, including all text, comments, photos, videos, marques, graphics, concepts, illustrations and images are the exclusive property of DPAM and are protected by intellectual property law in France and worldwide. Any total or partial reproduction of the website is strictly prohibited without the written authorisation of DPAM.                                      

 

 

Article 11 – Applicable law and jurisdiction            

 

These General Sales Conditions are governed by French law. In the event of a dispute, exclusive jurisdiction is awarded to the competent French Courts, irrespective of the number of defendants and/or any third party claim, including for interlocutory or summary precautionary or ex-party proceedings. The Court with jurisdiction in the event of a dispute will be that of the domicile of DPAM or at the defendant’s discretion, the place of actual delivery of the Product or place of residence at the time of the order.

DPAM is a member of FEVAD. It adheres to its “code de déontologie” and to its e-commerce system of mediation. In case of dispute, mediation may be proposed to you. For more information:  Adress fevad.com

                                                

 

 

*        *        *

 

Appendix - Articles L217-4, L217-5 and L217-12 of the French Consumer Code and 1641 and 1648 of the French Civil Code

 

Article L217-4 of the French Consumer Code        

 

The vendor shall deliver goods which conform to the agreement and shall be liable for non-conformities existing at the time of delivery.  The vendor is also liable for non-conformities caused by the packaging, assembly or installation instructions if it is responsible for the latter under the sales contract or if said operations are performed under its responsibility.

 

Article L217-5 of the French Consumer Code        

 

To ensure conformity to the sales contract, the goods must: 1) Be fit for the normal use made of similar goods, and – if applicable – correspond to the description given by the vendor and must possess the qualities the latter described to the buyer in the form of a sample or a model; goods must possess the qualities reasonably anticipated by the purchaser, given the public declarations made by the vendor, the producer or the latter’s representative, and specifically, in advertising or labelling.  2) Or goods must possess the characteristics defined jointly by the parties or be fit for any special use required by the purchaser and notified to the vendor and accepted by the latter.                            

 

Article L217-12 of the French Consumer Code        

 

Actions founded on non-conformities must be commenced within two years of delivery of the goods.

 

Article 1641 of the French Civil Code

 

The vendor is bound by its warranty against hidden defects in the goods sold which render them unfit for their intended use, or which impede said use to such an extent that the purchaser would not have purchased the item or would have  purchased it only at a lower price, if aware of the defects,

 

Article 1648 of the French Civil Code

 

Actions founded on latent defects must be commenced by the purchaser within two years of discovery of the defect.                      

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