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General Terms and Conditions of Sale

Preamble

It is recommended that you carefully read these General Terms and Conditions of Sale (“GTCS”) before placing any order on the website. If you have any questions about these General Terms and Conditions of Sale, please contact customer service before placing an order.

The website www.dpam.com (“The Site”) is a service of DU PAREIL AU MEME (“DPAM”), a simplified single shareholder joint-stock company with capital of € 111,616,468, registered with the Bobigny Trade and Companies’ Registry under number B 326 019 775 and having its registered office at 49/51 rue Emile Zola, 93189 Montreuil CEDEX, France

ARTICLE 1 – Hosting - Web design

The site is hosted by SALESFORCE.COM EMEA Limited with registered office at Floor 26 Salesforce Tower, 110 Bishopsgate, London EC2N 4AY, United Kingdom, registered with the Trade and Companies’ Register of England and Wales under number 05094083, whose intra-Community VAT number is GB844903710, represented by José Luiz Moura Neto.

The website has been built by Itelios, S.A.S registered in the Paris Trade and Companies’ Register under number 448 291 179, having its registered office at 19 rue de Provence, 75009 PARIS.

The website’s publication manager is Mr. Paul ZEMMOUR.

ARTICLE 2 – Definitions

- “Customer” or “you” means any individual of legal age and having at least the legal capacity to contract, residing in the region mentioned in Article 3.3 below, who places an order on the Site as a consumer for private purposes at the stated prices and conditions.
- “Order” means any purchase made by the Customer of the Products listed on the Website at the rates stated and accompanied by payment.
- “General Terms and Conditions of Sale” or the “Terms” means the conditions, as summarised in this document, governing the sale by DPAM of Products to all Customers.
- “Product (s)” means any products offered for sale on the Site.
- “Site” means the Website www.dpam.com or www.en.dpam.com edited by DU PAREIL AU MEME.

ARTICLE 3- Purpose, applicable law and region

3.1. Purpose

3.1.1. The purpose of these Terms is to define the terms of sale between the Seller and the Customer, of Products or services marketed by the Seller exclusively on the Site. The General Terms and Conditions of Sale govern the conditions for the closing, payment, monitoring and delivery of Orders and, where applicable, warranties and withdrawal of Orders, under the conditions set by the GTCS and by the law applicable to the GTCS.

3.1.2. Any Order implies the acceptance without reserve by the buyer and their adherence to these General Terms and Conditions of Sale which prevail over any other document of the Customer, and in particular on all general conditions of purchase, unless the Seller’s has granted its prior express agreement. Consequently, the placing of an order by the Customer entails the latter’s unrestricted and unreserved acceptance of these General Terms and Conditions of Sale. Any document other than these GTCS (catalogue, prospectus, advertisements, notices, e-mailings, ...) only has informative and indicative value, not contractual.

3.1.3. The Seller may change these GTCS and Conditions at any time. In the event of changes, the General Terms and Conditions of Sale in force on the day the Order was placed by the Customer and which have been accepted by the latter shall be applied to each Order; these conditions then form the GTCS as defined in the Preamble.

3.2. Applicable law, relevant jurisdictions and contractual language

3.2.1. These GTCS are governed by French law. The language of these GTCS is French.

3.2.2. For any complaints please contact customer service:

By post :

DPAM Customer Service Internet - 49/51 rue Emile Zola, 93189 Montreuil CEDEX, FRANCE or,

By email, using the website’s contact form.

By phone: 01 58 66 00 07 (free service + the price of a call) from Monday to Friday from 9:30 a.m. to 12:30 p.m. and from 2 to 6 p.m. Calls to the Seller’s inquiry services from a mobile phone are billed as national calls.

3.2.3. In the event of a dispute, the French courts shall have sole jurisdiction. Any dispute arising from the application, interpretation, execution of these terms, or related to the use of the Site or any purchase made on the Site, will be brought before the Courts of the Customer’s domicile, failing which, before the Courts of Bobigny, regardless of the place of Order, delivery and payment or mode of payment, even in the event of a warranty claim or multiple defendants.

3.2.4. The Customer also has the possibility of using, in the event of a dispute, a conventional mediation procedure or any other alternative way of settling disputes or cases arising between parties in the event of a dispute. DPAM is a member of the French Federation of Distance Selling Companies (FEVAD, from its French initials - 60 rue de la Boétie 75008 Paris, France). As such, it adheres to its code of ethics and the e-commerce mediation system. In the event of a dispute, mediation can be proposed to the Customer. For further information, please visit: www.fevad.com.

3.3 Region

Orders that may be placed on the Site may only be validly concluded between DPAM and a Customer residing in France or in the DOM-TOM. Customer residing in one of the following countries (Austria, Czech Republic, Denmark, Germany, Hungary, Luxembourg, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Poland, Spain, Sweden, Switzerland, United Kingdom, Bulgaria, Croatia, Cyprus, Romania, Spain, Italy) may place an order on the site en.dpam.com. Customers who do not reside in France or in one of the countries listed above may place an order from a specific site that they may access from the site selector at the lower right corner of the Site.

ARTICLE 4 - Order

Prior to the Order, the Customer is provided with all the information required as set forth in Articles L.221-5 and L.221-8 of the French Consumer Code amended by the Law of 17 March 2014. A maximum of 15 items is allowed per order.

4.1. First Order on the Site

When a Customer first places an on-line Order on the Site, they must create an account, for which they must provide the following information: first name, last name, address, telephone, e-mail, and password. The Customer undertakes to provide true and accurate information. The customer will then use their account for each new Order without having to enter all their details, except for bank details which must be entered for each order.

The Customer may also decide, if they wish, to receive information on exclusive offers on the Site.

4.2. Acceptance of the General Terms and Conditions of Sale by Customers

Any Order of Products or Gift Cards made on the Site requires the review and explicit and prior acceptance of the GTCS by the Customer, who may save or print the GTCS applicable their Orders. When the Customer wishes to finalise their Orders, they may print a summary statement of their Orders.

At the end of the Order process, whose steps are clearly identified in accordance with the provisions of Articles 1127-1 and following of the French Civil Code, the Customer is asked if they wish to continue and accept the General Terms and Conditions of Sale, confirm their Order and make payment thereof.

All order confirmations irrevocably imply the acceptance of these GTCS.

The Order Confirmation shall also validate acceptance of the Gift Card features.

4.3. Acceptance of the Order by the Seller

The Seller may fulfil Orders received through the Site from a Customer residing in the region referred to in Article 3.3.

Following the receipt by the Seller of the Order placed by the Customer, the Seller shall send the latter a detailed acknowledgement of the Customer’s Order, specifying the amount invoiced, including all taxes, applicable VAT and total amount as well as the Order’s terms of delivery (hereinafter the “Purchase Order”). The above acknowledgement of receipt implies acceptance by the Seller of the Order placed by the Customer.

The Products and their prices are valid for the placing of an Order by the Customer as long as they are visible on the Site during the placing of the Order by the Customer.

4.4. Information and Assistance

The Customer may, at any time, follow the progress of the Order on the Site in the “My Account” area or by contacting Customer Service at the following number: +33 01 58 66 00 07 (Free service + Price of a local call) or by sending an e-mail using the contact form.

4.5. Data collection

Data collected by the Seller on the Site is for the purpose of completing the customer file. The Customer may consent to or oppose the use of data collected and its use by third parties in the terms provided for in Article 18 of these GTCS.

4.6. Changes

Orders forwarded to the Seller are firm and irrevocable for Customers, and the latter may not, under any circumstances, make changes to an Order once it has been placed.

4.7. Cancellation

Cancellations of Orders are possible if the relevant merchandise has not already been accepted by the carrier. Customers may contact the Customer Service to know the state of preparation of orders, by phone at 01 58 66 00 07 (Free service + the price of a call), from Monday to Wednesday from 9:30 a.n. to 12:30 p.m. and from 2 p.m. to 5:30 p.m. Thursday from 2 p.m. to 6 p.m. and Friday from 09:30 a.m. to 12:00 p.m.
OR
The cancellation of orders is not possible. Customers may use the withdrawal form in Annex 1 to return the Products within the legal period of withdrawal of 14 days as defined in Article 11 of these Terms.

ARTICLE 5 - Product Descriptions

In accordance with Article L. 111-1 of the French Consumer Code amended by the law of 17 March, 2014, Customers may, prior to an Order, view the essential features of the products they wish to order on the Site.

ARTICLE 6 - Product Descriptions

6. 1. Description

The Gift Card, hereinafter referred to as “Gift Card (s)”, is only available in shops.

It is valid for the purchase of all Products, including Products which are the subject of promotions and / or sales.

Gift Cards can be used in all shops located in the region defined in Article 3.3 or for any Order placed on the Site.

Gift Cards are anonymous; the holder of the Gift Card is exclusively responsible for its use.

The card has a face value of €1 to €300.

Any resale of the Gift Card is strictly prohibited.

The loss of the Gift Card shall not give rise to a refund.

6.2. Validity period

The validity period of Gift Cards is of twelve (12) months from the date of issue of the card.

6.3. Use and places of use

6.3.1. The Gift Card may be used after a period of six (6) hours following the purchase thereof.

6.3.2. The Gift Card can be used any number of times until the credit is used up. For purchases above the amount of the card, all other payment methods usually accepted in shops or on the Site will be accepted.

6.3.3. Several Gift Cards can be used as payment on the same purchase.

6.3.4. The Gift Card may only be used on the Site or in Du Pareil au Même shops located in the region defined in Article 3.3 of these GTCS. The Gift Card may also be used for the purchase of any items available in Du Pareil Au Même shops located in the region defined in Article 3.3 of these GTCS.

6.4 Availability

The Seller reserves the right to change at any time and without notice the items offered on the Site.

ARTICLE 7 - Descriptions and general conditions of use of the Du Pareil Au Même loyalty card

To obtain the free DPAM loyalty card, all you need to do is provide Du Pareil Au Même or the dpam.com website with the following information: first name, last name and optionally: address, email and telephone number.

This card is personal to the original recipient and may not be transferred. Any change of address or e-mail address may be notified at the shop or on the Site.

Only one Loyalty Card per household is accepted (household means people living at the same address).

The loyalty programme allows its holder to accumulate the amount of all purchases made in Du Pareil Au Même shops on showing the loyalty card, or on the Site, and entitles its holder to receive exclusive offers in store and / or on the Site.

Points are accumulated at the rate of one (1) Point for each Euro spent.

A purchase is equivalent to a checkout or payment validation of an order at one of the participating on-line stores under the following conditions:

- Purchases are counted regardless of the method of payment used (cash, credit card, Loyalty Check).
- A purchase made by Gift Card will not accrue points but a purchase of a Gift Card can accumulate points. - In the event of a purchase made on our website, loyalty points will be registered on the customer’s account at the time of shipment of their order.

In the event of an exchange in store of an item previously added to the loyalty card, the exchanged item will be counted under the following conditions:

- In the event of an exchange for a cheaper item, the amount refunded to the customer will be deducted from the total amount of the Customer’s accumulated points on the date of the exchange.
- If it is an exchange for a more expensive item, you will pay the difference. This amount will increase the total amount of points accumulated on the date of the exchange.

When the threshold of 200 points is reached, a Loyalty Voucher worth ten (10) Euro including taxes unique to the number of the loyalty card, will be issued in store and given to the cardholder: this can be used within three (3) months from the date of issue on a subsequent purchase (the validity date is indicated on the Loyalty Voucher) and may be combined with other discounts in progress, upon presentation of the cardholder’s loyalty card.

Points cannot be transferred or exchanged for cash.

All or part of the rules, rights and benefits set forth herein may be modified or deleted at any time. In this case, the relevant information will be displayed in the shops and on the Site at least 15 days in advance. No changes or deletions will give rise to any compensation for the holder, of any nature whatsoever.

The benefits of the loyalty programme may be withdrawn from its holder at any time, without justification.

DU PAREIL AU MEME and the Du Pareil au Même shops are exempt from any liability for any direct or indirect consequences, any deficiencies and faults of the loyalty programme regardless of the cause.

DU PAREIL AU MEME and the Du Pareil au Même shops will nevertheless do their best, in the event of any issues, to maintain any benefits accrued to the cardholder from purchases actually made.

Cardholders must report the loss or theft of their loyalty cards to a Du Pareil au Même shop. A new card will be issued to them. The balance of unused points will be transferred to the new card.

Membership in the DPAM loyalty programme is subject to acceptance of these terms and conditions.

In accordance with the Data Protection Act of 06/01/78 in France and the law of 8/12/1992 on the protection of privacy in Belgium, you have a right to access and amend data concerning you by writing to:

Du Pareil au Même - IT Service
49/51 rue Émile Zola
93189 Montreuil Cedex - France.

ARTICLE 8 - Prices - Discounts - Loyalty Vouchers

8.1. Applicable rates

The placing of an Order implies acceptance by the Customer of the prices and descriptions of the Products and services offered for sale on the Site.

The price of the Order includes the value-added tax (VAT) in force in the Customer’s area of residence on the day the order was placed.

For deliveries to the European Union, prices are expressed in Euro and all taxes are included (VAT + other applicable taxes), excluding shipping costs which are payable by the Customer.

For deliveries outside the European Union, prices are automatically shown inclusive of taxes and excluding postage. Customs duties, other local or state taxes or import duties may also apply. With regard to the above duties and taxes, the Customer shall be solely liable both in terms of making tax statements and payments to the local authorities

In the event the Customer refuses to pay the duties or taxes mentioned above, DPAM shall not be held liable for the consequences of this refusal, and shall not be required to compensate you or refund sums that you have paid, in particular in the event that your package is destroyed at customs.

Seller is free to change the selling price of its Products and Services at any time. If one or more taxes or mandatory contributions were to be created or revised, up or downwards, this change may be reflected in the selling price of Products on the Seller’s Website.

Nonetheless, the Seller agrees to apply to the Customer the rates and taxes that have been provided to the Customer at the time of the validation of their Order. In addition, Customers are informed of the costs of preparation and delivery of their Orders when viewing their shopping cart and when placing an Order.

8.2. Discount offers

Discount offers, codes and coupons (hereinafter the “Discount(s)”) are valid only for the duration and conditions of validity of the offer in question. In no case may they be converted into a refundable amount or payable to the Customer.

Discounts can only be used by the Customer in question and are not transferable to a third party. They are deducted from the Order amount inclusive of taxes and excluding the costs of preparation and delivery. Unless otherwise stated in a specific Discount offer, Discounts cannot be combined with one another when placing an Order.

If a Customer enters several available Discounts simultaneously on the Website, for the same Order, they may only avail of the largest Discount.

8.3. Loyalty Voucher

Loyalty points acquired by Customers from previous purchases from the Seller on presentation of the loyalty card (hereinafter the “Purchase Orders”) may result in a proposal to the Customer of Loyalty Vouchers of an amount of 10 Euro including tax for each two hundred (200) points; this offer applies solely to the Customer’s specific loyalty card number, and must be used within three (3) months from the date of issue.

As soon as the 10 € Loyalty Voucher is issued, the loyalty card holder’s account is debited with 200 points (400 points for a Loyalty Voucher of € 20 and 600 points for a Loyalty Voucher of € 30).

Loyalty Vouchers are valid exclusively in Du Pareil Au Même shops.

Loyalty Vouchers can only be used by Customers holding a loyalty card and are not transferable to a third party. Vouchers are valid under the conditions described by the Seller to Customers, specifically for the duration and conditions of their validity.

Unless otherwise stated on the Loyalty Voucher, Loyalty Vouchers may be combined together and may also be combined with other discounts, upon presentation of the holder’s loyalty card. Loyalty Vouchers may not be converted into a refundable amount or be paid to the Customer.

The amount of a Loyalty Voucher must be used and consumed in its entirety in a single Order and cannot be divided into several Orders.

Loyalty Vouchers are neither exchangeable nor refundable. Under no circumstances can Loyalty Vouchers be exchanged for cash. In the event of loss or theft, they cannot be reissued.

Damaged or torn Loyalty Vouchers may be refused.

- If the amount of the Loyalty Voucher is less than the amount inclusive of taxes of the Products that the Customer wishes to order, excluding preparation and delivery charges, the Customer shall pay the difference between these two amounts as well as the costs of preparation and delivery of Products ordered.

- If the amount of the Loyalty Voucher is equal to the amount inclusive of taxes of the Products that the Customer wishes to order, excluding preparation and delivery charges, the Customer’s order shall be validated and the Customer shall only pay the costs of preparation and delivery of Products ordered.

- If for any reason an Order is not validated by the electronic payment server, the Loyalty Voucher may not be used for 72 hours. After this period has elapsed, it will be reactivated and may be used by the Customer for a new Order.

If an order paid with a Loyalty Voucher is returned, the equivalent of the points is credited by request to Customer Service, or a refund is provided in the form of a gift card.

ARTICLE 9 - Payment

9.1. Currency for payment

The currency for the payment of Orders is the Euro (€).

For deliveries to Germany, Netherlands, Luxembourg, Belgium, United Kingdom, Austria, Portugal, Denmark, Hungary, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Poland, Sweden, Bulgaria, Croatia, Cyprus, Romania, Spain, and Italy, the currency for payment of Orders is the Euro (€). Consequently, a bank currency conversion fee may apply and will be the sole responsibility of the Customer, who is not entitled to compensation from the Company for not having posted the amount of such expenses at the time the Order is made.

9.2. Terms of payment

9.2.1. Payment can only be made online, at the time of the Order, with a bank card. Only CARTE BLEUE, VISA, EUROCARD and MASTER CARD are accepted. The Customer must indicate the number of the card, its expiration date, and the 3 digits located on the back of the card; the Seller guarantees secure online payment.

The Customer may also pay by:

- Gift card
- Loyalty cheque
- PayPal

9.2.2. All Orders are paid for at the time of purchase. Definitive validation of the Order takes place following validation of the payment. The bank account linked to the Customer’s payment method will be debited when the Customer’s Order on the Site has been finalised. The Seller may suspend or cancel any Order and / or delivery, of any type and at any state of execution, in the event of non-payment of any amount that the Customer owes or in the event of a payment incident. Subsequently, any new Order made by the Customer may be refused or any delivery for the Customer may be suspended in the event of a delay in payment or non-payment, total or partial, of a previous Order. The Customer will be informed of this by the Seller.

9.2.3. Any refund made to the customer’s account in the event that an item is not available may not lead to any compensation.

9.3. Information processed by the Seller

The Customer guarantees the Seller that they have the necessary authorizations to use the means of payment chosen during the Order. The validation of the Order is subject to validation by the bank payment centre chosen by the Seller.

The Seller, in collaboration with the bank that manages electronic payments, monitors all Orders that have been placed on the Site. Therefore, any Order that has a delivery address different from the Customer’s billing address may be checked by the Seller. In this context, the Seller may need to ask the Customer for information and documents necessary for the execution of the Order: proof of domicile of the Customer and / or the person indicated with the delivery address, proof of the contact information for the Customer’s bank, etc. Such requests are made to the Customer via email or by telephone.

9.4. Information processed by the bank that manages payments

In order to ensure the security, integrity and confidentiality of payments made via the Site, the Customer’s bank card details are encrypted using the SSL (Secure Socket Layer) protocol by ADYEN, a Dutch company registered with number 34259528 and headquartered at Simon Carmiggeltstraat 6-50, 1011 DJ, in Amsterdam (Netherlands). At no time does the Client’s banking data pass through the Seller’s computer system; the Seller’s transaction system thus meets the PCI DSS standards. The PCI DSS standard is an international security standard whose objectives are to ensure the confidentiality and the integrity of bank data collected and thus to secure the protection of data and transactions.

ARTICLE 10 - Delivery

Deliveries are made solely in the territory defined in article 3.3 of these General Terms and Conditions, by the carrier chosen by the Customer, depending on the size of the delivery, to the delivery address indicated by the latter. The administrative management of the orders does not guarantee the shipment of an order in a single package. The Customer can receive his Order in 1, 2 or 3 parcels maximum.

10.1. Terms of delivery

10.1.1 Delivery of Products

10.1.1.1 In metropolitan France

Deliveries in metropolitan France are made according to (4) four modes of delivery from which to choose:

- to the Relais Colis UPS of your choice (close to the delivery address entered), from Monday to Saturday within two (2) to five (5) working days from the date of the Order shipment. This offer is reserved for all parcels less than 20 kg and / or 70 cm.
- by La Poste with Colissimo Tracking to the delivery address entered, from Monday to Saturday within two (2) to five (5) business days from the date of Order shipment;
- by Chronopost to the delivery address completed within twenty-four (24) to forty-eight (48) hours from the date of Order shipment;
- by free delivery to the participating shop of your choice, from Monday to Saturday, within two (2) to five (5) working days from the date of the Order’s shipment. The list of participating shops is communicated when the Customer chooses this delivery method. When the shop receives the Order, the Customer will be notified by email and will have a period of fifteen (15) days to retrieve it. When collecting the Order, the Customer must present a piece of identification and the email containing the retrieval code.

If for any reason the Customer cannot retrieve the Order, a third party will be able to retrieve the order upon presentation of the email containing the retrieval code, the Client’s ID, and a signed certificate from the Client authorizing this third party to retrieve the Order, the number of which will be specified on the waiver, by proxy. A piece of identification and signature will also be required.

If the Order is not retrieved within fifteen (15) days, it will be returned to our warehouses. The Order will be cancelled and refunded within a maximum of (14) fourteen days.

10.1.1.2 In Europe

Deliveries outside France to countries belonging to the European Union are made either by COLISSIMO Tracking Europe or by Chronopost, from Monday to Friday within three (3) to six (6) working days from the shipment date for your Order, depending on the destination country.

10.1.1.3 International (French overseas departments and territories included)

Deliveries to the rest of the world (French overseas departments and territories included), are made by COLISSIMO International and Chronopost International from Monday to Friday within three (3) to ten (10) business days from the date of shipment of your Order, depending on the destination country.

10.1.2 Delivery of Gift Cards:

Gift Card delivery is made through one of two (2) different processes:

- the Gift Card is sent to the recipient’s email address indicated by the Customer,
- the Customer can view the Gift Card Order(s) on their customer account and forward it to the recipient.

The Seller will have fulfilled its delivery obligation when the recipient receives the Gift Card, regardless of the process used. Thus, it cannot be held responsible in particular:

- if the Customer enters the wrong e-mail address for the Recipient,
- In case of malfunction of the card recipient’s e-mail inbox.

Gift cards are sent to the recipient within a maximum of twenty-four (24) hours following payment for the Order.

10.2. 10.2. Delivery Rates

Depending on the type of delivery, the rates vary as follows:

Colissimo, Chronopost

5.90 €uros per order (flat rate)

Relais Colis

3.90 €uros per order (flat rate)

Colissimo Europe Tracking

From 4.90€ per order, free for purchases of 100€ or more

Colissimo International

From 4.90€ per order, free for purchases of 100€ or more

Shipping rates are provided for informational purposes only and the Seller reserves the right to change them at any time.

10.3. Delivery times

10.3.1 Delivery times are provided for informational and indicative purposes only; these depend in particular on the availability of carriers and the sequencing of Orders.

The Seller strives to respect the delivery deadlines that it indicates upon acceptance of the Order, in accordance with industry standards, and to execute the Orders, except in the instance of force majeure or in the event of circumstances beyond its control such as, but not limited to, strike, frost, fire, storm, flood, epidemic, or supply difficulties.

Delays in delivery not exceeding the maximum period of thirty (30) shall not lead to cancellation or modification of the General Terms and Conditions and cannot give rise to any damages except for the case provided for in article 10.3.2 below.

10.3.2. The Seller undertakes, however, to deliver the Products ordered within a maximum period of thirty (30) days after acceptance of the General Terms and Conditions. In the event that the maximum period is exceeded, the Customer can request the cancellation of the Order as per article L216-2 of the Consumer Code and require from the Seller, within the fourteen (14) day period, the reimbursement of all amounts paid, including delivery charges.

10.3.3. The delivery times appearing in an Order are only accepted by the Seller and are only incumbent upon the Seller under the following conditions: that the Customer respects payment terms, there is an absence of force majeure and social, political, economic or technical events hindering factory operations or their supply of components, energy, or raw materials.

10.4. Property, Risks, and Transportation

10.4.1. Property and Risks

Ownership of property will be transferred to the Customer only after the latter has paid the price in full. The transfer of risks to the Customer is made upon the latter’s receipt of the Order.

10.4.2. Transport

In the event that goods are damaged or missing, the Customer may communicate any necessary reservations to the carrier, without this affecting their right of withdrawal.

10.5. Delivery Tracking and Reception

With the Seller’s confirmation of the Order, the Seller will provide the Customer with an order tracking number that makes it possible to follow the progress of the delivery of the Order.

When the parcel is delivered, a Delivery Note is presented to the Customer for a signature. If the delivery person cannot deliver the parcel to the Customer (absence, wrong address, etc.), a delivery notification is left for the Customer with the procedure to be followed in order to recover the parcel. If the package is not retrieved within the time indicated on the delivery notification, on presentation of a valid identification card, the parcel is returned to the Seller.

In the event that Products are delivered damaged (damaged packaging, already open, etc.) and you notice this when you receive it, you may refuse it. If you only notice this after having accepted the delivery, you will have to contact Customer Service immediately in order to receive a Product replacement or reimbursement, depending on the situation and in accordance with the procedure defined in article 11 below.

ARTICLE 11 - Right of Withdrawal and Exchanges

11.1. Right of withdrawal

Time limit to exercise the right of withdrawal

In accordance with the legal provisions in effect, there is a period of 14 days to exercise the right of withdrawal without having to give a reason or pay a penalty.

This period starts:

- from the date of delivery of the Products to the delivery address indicated by the Customer (and in the event of the latter’s absence, starting with the date of first presentation of the package containing the Products).
- or starting on the day the Customer is informed by DU PAREIL AU MEME of the in-store delivery of the order in the event that the Buyer has opted for this delivery service.
- or starting on the day the Customer is informed by e-mail and / or text message of the delivery of the order to the collection point of their choice in the event that the Buyer has opted for this delivery service.

11.1.2 Conditions for exercising the right of withdrawal

Returns are to be made in their original packaging (which may have been opened), with the label, unworn, and unwashed, so that they can be offered for sale again as new.

The Customer may exercise the right of withdrawal without having to justify their decision through any medium, particularly by post or by email, with a statement unambiguously expressing their desire to withdraw and mentioning the Order associated with this withdrawal.

To exercise this right of withdrawal, in accordance with legal provisions the Customer may send us the completed standard withdrawal form (Appendix I) to the following address:

DU PAREIL AU MEME
Customer Service
49-51 rue Emile Zola
93189 Montreuil Cedex

Once the form or the declaration of withdrawal has been sent to DU PAREIL AU MEME within 14 days of receipt of the Order, the Customer will have to send the associated Products to DU PAREIL AU MEME, in accordance with the terms and conditions set out in article 12.3, within a reasonable period of time and at the latest within 14 days of sending the form or the declaration of withdrawal to DU PAREIL AU MEME.

In the event of exercise of the right of withdrawal, DU PAREIL AU MEME will refund to the Customer all amounts paid, including the price of the Product(s)s subject to the exercise of the right of withdrawal, as well as the amount of the shipping costs for the Product(s) ordered by the Customer, prorated based on the value of the Product(s) subject to the exercise of the right of withdrawal. The Customer will bear the shipping costs for the return of the Products that are associated with the withdrawal.

The refund will be made no later than fourteen (14) days following the date of withdrawal, to the same method of payment as the one used for the Order, unless the Customer has expressly agreed to a refund by another payment method.

The refund date may be deferred until the Product is received or until the Customer has provided proof of shipment for the Product. The date used will be whichever of the two comes earlier. DU PAREIL AU MEME is not required to reimburse the Customer for additional costs if the latter has expressly chosen a more costly method of delivery than the standard delivery method offered on the Site.

If the Seller does not make the repayment within the above period, surcharges will be applied in accordance with the French regulations in effect.

Any refund in the form of vouchers or gift cards is excluded.

However, it is specified that in the event of a total or partial payment with a gift voucher, that these cannot be refunded either as cash, cheque, or bank card. The reimbursement for purchases made with gift vouchers will be made exclusively in the form of gift vouchers for the same amount as the one paid in this form.

The advantages obtained from the purchase of the Product, notably relating to a loyalty card, will be cancelled in the event of a Product return accompanied by a refund for said Product.

11.1.3. Gift cards:

In accordance with the regulations in effect, gift cards that were issued in accordance with the Customer’s specifications, including the affixing of a personalized message, are expressly excluded from the right of withdrawal.

The Seller disclaims any responsibility for the content of the message, which the Customer guarantees does not offend public order or moral principles, nor the applicable ethical charters on the Internet.

In addition, it is expressly agreed between the parties that any use of the Gift Card during the legal period of the right of withdrawal implies the express and irrevocable waiver of the exercise of the right of withdrawal.

To exchange a Product purchased on the Internet, the Customer can go to one of the Du Pareil Au Même shops located in the territory as per article 3.3 of these GCTS, bringing the delivery slip or the invoice that can be obtained from the “My Account” area.

If Internet purchases have benefited from Private Sales or Internet exclusives, it is not possible to make an exchange in a shop.

The Customer may also exchange the Products on the Site. To do this, simply contact Customer Service to obtain a number and return slip and send the Products by mail via Colissimo or a tracking carrier, in the original packaging with the delivery slip and the return number affixed to the package, to:

MR LOGISTIQUE
Allée des Peupliers
ZI Plaine de l’Ain
Bat. B Cellule 1
01150 SAINT VULBAS

It is the Customer’s responsibility to return the Products to the Seller.

ARTICLE 12 - Legal assurances

12.1. Legal guarantee of conformity

Our products benefit from legal assurances of delivery compliance (Consumer Code art. L217-4 et seq) and assurances against hidden defects (Civil Code article 1641 et seq), allowing the consumer to return delivered Products that are non-compliant or defective.

- Consumer Code - Article L217-4: The Seller is required to deliver items that comply with the General Terms and Conditions and answers for the lack of conformity existing at the time of delivery. It is also responsible defects of conformity resulting from the packaging (...)

- Consumer Code - Article L217-5: To be in conformity with the General Terms and Conditions, the item must:

1: Be suitable for the usual expected use of a similar item and, where appropriate: correspond to the description given by the seller and possess the qualities that it presented to the buyer in the form of a sample or model; present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the manufacturer or its representative, in particular in advertisements or labels,

2: Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer as made known to the seller and that the latter accepted.

- Consumer Code - Article L217-12: The right to recourse resulting from the lack of conformity expires following two years after the delivery of the item.

- Civil Code - Article 1641: The seller guarantees against hidden defects of the item that was sold which render it unsuitable for the intended use, or which diminishes this use to such a degree that the buyer would not have acquired it, or would have paid a lower price, had they been aware of said defects.

- Civil Code - Article 1648 paragraph 1: The action resulting from latent defects must be brought by the purchaser within two years following the discovery of the defect.

The Customer must provide justification as to the reality of the defects found, and the Seller reserves the right to proceed, directly or indirectly, with any observation or verification, possibly on-site.

The Customer must provide justification as to the reality of the defects found, and the Seller reserves the right to proceed, directly or indirectly, with any observation or verification, possibly on-site. Defects or deterioration of delivered Products resulting from abnormal storage and/or stocking conditions by the Customer, especially in the event of an accident of any kind, does not give rise to the implementation of the Seller’s guarantee.

This legal guarantee of conformity applies regardless of any commercial guarantee possibly granted by the Seller.

It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the items to act vis-à-vis the seller;
- can choose whether to have the item repaired or replaced, unless the cost of the latter is clearly excessive;
- is exempted from providing proof of the lack of conformity of the item during the six months following the delivery of the item. This period is extended to 24 months starting March 18, 2016.

It is recalled that the consumer can decide to implement the guarantee against defects of the item sold according to article 1641 of the Civil Code and that in this event, the consumer may choose between the cancellation of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.

12.2. Commercial guarantee

In addition to the legal warranties described in article 11.1 herein, the Customer may possibly be entitled to a commercial guarantee for certain Products.

To be able to benefit from the commercial guarantee on your Product, it is necessary to keep the invoice for your purchase of the Product.

12.3 Returns

12.3.1 Return conditions

In the event that the Product(s) of the delivery is or are defective, damaged, or not corresponding to your Order, the Customer must return the Product(s) in accordance with the procedure described below.

Products returned to the Seller must have been previously purchased by the Customer on the Site and then delivered to the Customer, and be accompanied by a return slip attached to the Customer’s delivery slip for the product or attached as a .pdf, in order to provide proof of the purchase of the Product from the Site and the date of purchase for this Product.

Products must be returned to the Seller in the condition in which the Customer received them with all the elements (accessories, etc.) in packaging that allows for proper transport.

Products returned by the Customer to the Seller must be sent to:

MR LOGISTIQUE
Allée des Peupliers ZI Plaine de l’Ain Bat. B Cellule 1 01150 SAINT VULBAS

The Customer is responsible for returning the Product to the Seller.

Subject to applicable legal warranties, if the Customer fails to comply with the terms of this article, the Customer may not make any claim for apparent defects in the Products that have been delivered by the Seller, the Products being thus deemed free from any apparent defect.

12.3.2 Fees for returns

In the event that the return is made on the basis of the legal guarantee of conformity, the delivery fees for returns will be reimbursed by the Seller on the basis of the invoice from the postal service operating in the territory indicated in article 3.3 above.

In the event that returns are made for any other reason within the withdrawal period, the return costs will not be refunded by the Seller. Only the price of the returned Products and shipping costs will be refunded by the Seller.

12.3.3 Refusal of returns

Beyond the legal period of withdrawal and after receipt of the return package by Du Pareil Au Même, the Seller will check the conformity of the returned Product and the reason for the return. If the Product returned does not warrant a refund or exchange, the Seller will refuse the return and the Product will be made available to the Customer in the Seller’s warehouses or may be sent to the Customer, at the latter’s request and expense, within three (3) months of receipt by the Seller of the Product returned by the Customer.

For any questions, the Customer may contact Customer Service at:

By post to the following address:

DU PAREIL AU MEME
Customer Service Sergent Major
49-51 rue Emile Zola
93189 Montreuil Cedex

By email via the contact form on the Site.

By telephone : +33 1 58 66 00 07 (Free service + price of the call)

Service available Monday to Wednesday from 9:30 to 12:30 and from 14:00 to 17:30

Thursday from 14:00 to 18:00

Friday from 9:30 to 12:00

ARTICLE 13 - Intellectual Property

The Site and its contents are protected by intellectual property rights.

All elements present on the site (brands, logos, texts, photos) are the exclusive property of DU PAREIL AU MEME.

Any use, reproduction, or modification (even partial) of these elements is forbidden without the prior written authorisation of DU PAREIL AU MEME.

ARTICLE 14 - Liability

14.1. The Seller’s liability cannot be invoked in the event that the non-performance of its obligations can be attributed to a case of force majeure as defined by law and by the French courts.

The following are considered as cases of force majeure or fortuitous events:

- events beyond the control of the parties,
- events that the parties could not reasonably be expected to have foreseen,
- events that the parties could not reasonably avoid or overcome,
- events that render the execution of the obligations completely impossible.

Also considered as cases of force majeure, absolving the obligation to deliver according to the original schedules, are:

- strikes by all or part of the personnel of the company or its usual carriers,
- fires,
- flooding,
- wars,
- production stoppages due to unforeseen breakdowns,
- epidemics,
- thaw restrictions,
- roadblocks,
- electricity or gas strikes or supply stoppages,
- other causes of supply disruption attributable to suppliers.

Under such circumstances, the Seller will notify the Customer in writing, in particular by fax or e-mail, within twenty-four (24) hours of the date on which the event occurs, with the Terms and Conditions between the Seller and the Customer being suspended as a matter of right without compensation, from the date of occurrence of the event.

14.2 If the duration of events is greater than thirty (30) days from the date of occurrence, the contract of sale may be terminated by the most diligent party without damages or interests. The termination will take effect with the first presentation of the recommended letter with acknowledgement of receipt revoking the General Terms and Conditions.

14.3. Similarly, Seller’s liability cannot be invoked for any inconveniences or damages related to the use of the Internet, including an interruption of the availability of the Site, an interruption in service, an external intrusion or the presence of viruses, loss or alteration of data or files, or for indirect damages, whatever the causes or consequences may be.

ARTICLE 15 - Electronic Signature, Evidence, and Archiving

The provision of the bank card number and the final validation of the Order constitute the proof of the completion of the Order and entail the Customer’s immediate payment of the total amount for the Order.

The Parties agree that all data, information, files, dates and times for consulting the Site and placing the Order, along with any other digital element exchanged between the Parties, constitute admissible, valid, enforceable and legally binding means of proof between the parties and under the law, with the same probative force as a private deed.

The Parties agree not to contest the admissibility, validity, enforceability, or probative force of the aforementioned elements in electronic format, on the basis of their electronic character. Unless proved otherwise, these elements shall be valid and enforceable between the Parties in the same way, under the same conditions, and with the same probative force as any other document established, received or kept in writing in accordance with article 1366 of the Civil Code. The archiving of Purchase Orders and Invoices is done by the Seller on a reliable, sustainable medium as an integral and sustainable copy.

In the event of fraudulent use of the Customer’s bank card by a third party, the Customer is requested to inform the Seller without delay by writing or calling Customer Service and reminding the Seller of the bank card number and the date of the Order and providing proof of identity, without this information giving the Customer a right to compensation or to any refund from the Seller. If applicable, the Customer may request compensation or refund from the bank that issued the bank card, according to the conditions established by the laws and contracts applicable to the bank concerned.

ARTICLE 16 – Entire Agreement

In the event that one of the clauses of these General Terms and Conditions should be null and void due to a change of legislation, regulation, or by a court decision, this cannot in any event affect the validity of and compliance with these Terms and Conditions.

ARTICLE 17 - Waiver

The fact that the Seller does not avail itself at any given moment of any of the clauses herein cannot be considered as a renunciation to avail itself subsequently of these same clauses.

ARTICLE 18 - Personal data collected

DU PAREIL AU MEME collects, uses, retains, and transmits certain personal data provided by the Clients (hereinafter the “Data”) in strict compliance with the French law on data protection, in particular the provisions of Law No 78-17 of 6 January 1978 called “Information and Freedoms” (“Informatique et Libertés”) and those of Regulation No. 2016/679 on data protection of 27 April, 2016.

DU PAREIL AU MEME addresses these provisions and Clients’ rights on the Privacy Policy tab on the website www.dpam.com.

ARTICLE 19 - Customer Service / Contact

To contact us:

By post to the following address:

DU PAREIL AU MEME
Customer Service
49-51 rue Emile Zola
93189 Montreuil Cedex

By e-mail using the contact form on the Site.

By telephone : +33 1 58 66 00 07 (Free service + price of the call)

Hours :
Monday to Wednesday from 9.30 to 12.30 and from 14.00 to 17.30
Thursday from 14.00 to 18.00
Friday from 9.30 to 12.00

To download the PDF version of the General Terms and Conditions, click here.