Article 1. – Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.diaper-minister.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until 31/12/2022 .
Article 2. – Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer , from the website www.diaper-minister.com .
Article 3. - Pre- contractual information
3.1. The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 121- 17 of the consumer code.
3.2. The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- in the absence of immediate execution of the contract, the date or the deadline on which the service provider undertakes to deliver the goods or to perform the service, whatever its price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the procedures for implementing warranties and other contractual conditions.
3.3. The seller provides the buyer with the following information:
- its name or corporate name, the geographical address of its establishment and, if different, that of the registered office, its telephone number and its e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for the processing of complaints;
3.4. The buyer provides the seller with the following information:
- his name, geographical address, telephone number and e-mail address. This information being essential for the smooth running of the delivery and the tracking of the parcels, omitting or intentionally indicating dummy data cancels this contract between the parties and releases the seller from the rights of withdrawal and reimbursement.
Article 4. - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there , for any product, within the limit of available stocks .
In case of unavailability of a product ordered, the buyer will be informed by e-mail.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price;
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer must call 0972526322, Monday to Friday, between 10 a.m. and 2 p.m. (cost of a local call), or send an electronic message using the contact form on the site .
Article 5. - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
— payment of sums due under the purchase order,
— signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact 0972526322.
Article 6. - Order confirmation
The seller provides the buyer with a copy of the contract electronically, and another on paper attached to the order, confirming the express commitment of the parties.
Article 7. - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8. - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered in the
limit of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9. – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
The price is payable in full and in a single immediate payment for orders by credit card and Paypal, and within 10 days of the order, according to the following payment methods: SEPA transfer, French checks, Money orders , YesByCash.
Article 10. - Method of payment
This is an order with payment obligation, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .
As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by fax. The order will then only be validated after receipt and verification by the seller of the documents sent.
The payment of the price is made in cash when ordering, according to the following methods: validation of the basket, then of the delivery address and finally of the means of payment .
Payments made by the buyer will only be considered final after effective collection of the sums due by the seller.
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Article 11. - Availability of products - Reimbursement - Cancellation
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the deadline is seven working days from the day following that on which the buyer placed his order.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, enjoin the seller to perform it within a reasonable additional period.
In the absence of execution at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
The buyer may, however , immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.
Article 12. - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's bank.
The products ordered are delivered according to the following terms:
By Mondial Relay in 4 to 6 working days (not guaranteed), in one of the collection points offered to you when confirming your order. An identity document is then mandatory to collect your package. A VALID telephone number and/or e-mail address is essential to track parcels.
By colissimo followed by the post office within 48 hours after sending. If you are not at home at the time of the postman's visit, your parcel will be made available to be picked up at the post office nearest to you.
By DPD at home or Pick-Up, delivered the working day following the order if it is placed before 1 p.m. on the website.
The deadlines are given as an indication and for Metropolitan France. The deadlines indicated are not contractual and cannot be the subject of a complaint before the legal deadlines provided for by law.
Free delivery is only valid for Metropolitan France when applicable (home delivery by DPD only).
In the case of deliveries to relay points, these can be modified by the carrier, in particular in the event of an unforeseen closure of the selected relay point, or its refusal to take the customer's parcel.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliverer will leave a delivery notice in the mailbox, which will allow the parcel to be collected from the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site legal.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
Article 13. - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint may be made, at the choice of the buyer:
— telephone number: 0972526322;
— email address: firstname.lastname@example.org .
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Mondial Relay.
Return costs are the responsibility of the seller and the return label will be provided by him.
Article 14. - Transfer of risks
The transfer of ownership and the risks of loss and deterioration relating thereto will only be carried out after full payment of the price by the buyer, regardless of the delivery date. The products therefore travel at the risk and peril of the seller.
Article 15. - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty. , with the exception of return costs which remain the responsibility of the buyer.
A flat rate of €5 in administration fees will be invoiced for the cancellation of an order.
The products must however be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back, as are underwear (T-shirts, bodysuits, onesies, plastic panties, washable inserts and washable nappies) for reasons of hygiene.
The items must be returned by Colissimo with delivery against signature to the company's headquarters, to Drybox SASU, 17 rue Raymond Morin, 57400 Sarrebourg.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.diaper-minister.com . In this case, an electronic acknowledgment of receipt will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed and the delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 16. - Force majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17. - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 18. - Computing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.diaper-minister.com has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website www.diaper-minister.com .
Article 19. - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 20. - Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21. – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22. - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23. – Mediation
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24. - Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution .