1. Purpose and acceptance of the Terms and Conditions
The DL-Group website can be accessed on the Internet using the address www.dlgworld.com. It is open to all users of this online network.It is published by DL-Group (DLG), which head office is in 1330 Avenue de La Lauzière Europarc de Pichaury – Bât. D5 13592 Aix-en-Provence and headquarters registered in the Commercial and Companies Register under number 815 231 733.
This site enables DL-Group to offer the Internet “User” an opportunity to purchase DL-Group-brand products. In order to simplify application of these terms and conditions, it is agreed that User and DL-Group shall be referred to as the “Parties” and individually as “Party”, and that once User has confirmed an order he shall be referred to as “Buyer”. User’s rights and obligations necessarily apply to Buyer. The order submitted by User shall not be considered valid until the User has consulted and accepted these terms and conditions of sale unreservedly; however, this acceptance is not conditional on User’s handwritten signature. In accordance with the provisions of articles 1316 – 1316-4 of the Civil Code, supplemented by Decree 2001-272 of 30 March 2001, issued for application of article 1316-4 of the Civil Code and relating to electric signatures, the confirmation of a purchase order as specified at article 3 below constitutes an electronic signature which, between the Parties, has the same value as a handwritten signature. These terms and conditions apply to the exclusion of any other document.
As a customer, I choose not to be a distributor of the Company’s products and accept that I am not entitled to sell the Company’s products at retail. I also agree to purchase the Company’s products for my own personal use only. I understand that, as a customer, I am not entitled to commissions as described in the Company’s Commission Plan. The commissions from my purchases go to the concerned distributors under the rules of the Company’s Commission Plan. I accept that I am not authorised to create or hold a beneficiary’s share in a distributor’s concession or contract (as these terms are defined in the Company’s Policies and Procedures).
These terms and sales conditions are valid as of April 1st 2016. However, DL-Group reserves the right to modify their content without notice. Any such changes shall apply only to users who have first consulted and then accepted their content when ordering.
3. Criteria for confirming your order
All products offered are intended solely for direct sales. These products are marketed only for customers whose delivery address is located in a country officially opened up by DL-Group. No promotional offers shall be valid unless they simultaneously meet the following conditions: limitation on the period of validity of the concerned offer, and available stocks. In accordance with article L. 111-1 of the Consumer Code, we wish to inform you that you must familiarise yourself with the features of the DL-Group products you wish to order. The photographs, graphic elements and descriptions of the products offered are merely indicative and are in no way binding upon the seller.
When the order is confirmed by clicking the “Confirm order” button, Buyer thereby declares that he accepts the present terms and sales conditions. Once the order is recorded, a detailed acknowledgement of receipt, listing all the selected items, shall be sent to Buyer, to the e-mail address indicated. This acknowledgement will specify the precise amount billed and the terms of delivery. This acknowledgement constitutes acceptance of the order and validates the transaction. Buyer agrees that DL-Group’s order-recording systems constitute proof of the nature of the agreement and its date. However, in the event of a dispute with Buyer, DL-Group reserves the right to cancel the order and Buyer’s payment. DL-Group also reserves the right to cancel all orders which appear to be abnormal (large quantity for a single buyer, abnormally high order total, request to ship to a country not officially opened up, orders submitted in a currency other than the Euro).
5. Product prices on the site
The prices appearing on this website are given in Euros only (DL-Group reserves the right to display prices in any other currency according to the country in question) – at the VAT rate in effect on the date of the order – and are subject to change during the year. The prices billed shall be those in effect on the day the order is recorded. If the VAT rate changes, DL-Group shall automatically apply the new rate to the order. The product prices do not include costs related to shipping, which will be displayed in the cart when the order is finally confirmed. DL-Group may modify the products’ selling prices at any time. This change shall be indicated to Buyer before any order.
6. Secure payment
Data associated with personal information and means of payment by credit card are made secure by an encryption process. Payment information is never stored and is sent securely to our payment partner.
All orders are payable in Euros.On the DL-Group website, Buyer may pay by credit card or use his HyperWallet account. To pay for his order by credit card, Buyer must have a Visa or MasterCard.
Buyer guarantees DL-Group that he has all authorisations necessary to use the credit card he has selected when the order is recorded. In the event of non-payment, DL-Group shall automatically cancel the order. Penalties equal to the legal interest rate plus five points – not to exceed the usury rate applicable on the day that the dispute arises – shall be applicable by right to the amounts remaining unpaid after a period of ten days from the invoice date or the date of notification of the rejected bank payment. The delivery of any new order may be suspended in the case of a delay in paying for a previous order, the present provisions notwithstanding. As part of anti-fraud efforts on the Internet, information relating to the order may be sent to any third party for verification. To ensure secure payment by credit card, the customer is obligated to send his credit card’s security code to Cybersource.
Orders are recorded from Monday through Sunday (7/7 days). Shipments are scheduled for the following business day (weekdays from Monday till Friday) and delivered by our chosen courier service which may vary per country. The products ordered will be delivered to the address indicated by Buyer as delivery address.
8. Product return and refund
Products may be returned by Buyer according to the following conditions: The products must be returned to DL-Group in perfect condition for re-sale, in their original condition – unopened package. Return shipping charges are borne by the customer. No package without postage or with insufficient postage will be accepted. In the event of a product shipping error by DL-Group, or in the case of defective products, Buyer will be reimbursed for the return shipping costs. DL-Group accepts returns on any item purchased on the website if it is returned within seven (7) calendar days from the date on which Buyer receives his order, in accordance with article L. 121-20 of the Consumer Code. To return an item, Buyer must follow these instructions:
1. Use the original packaging to return the product.
2. Send the package to the following address:
473 Route des Dolines
All risks associated with the product’s return are borne by Buyer. If he fails to follow the procedure explained above and the deadlines indicated, Buyer may not make any claim for non-conformance or apparent defect of the products delivered; the products are then deemed conforming and free from any apparent defect. DL-Group shall refund the amount of the cancelled order within 15 days from receipt of the returned product to the credit card used for the purchase.
9. Title retention
DL-Group retains full and complete title to the products sold until the price, in principle, including charges and taxes, has been paid in full.
DL-Group shall not be held liable for non-performance of the Contract in the event that products are out of stock or unavailable because of force majeure, disruption or full or partial strike, in particular in the postal services and means of transport and/or communications. DL-Group shall not be held liable for any indirect damages that may occur through purchase of the products. DL-Group shall not be held liable for any losses of data or files. It is Buyer’s responsibility to do any necessary backups. DL-Group declines all liability:
1. for any interruption of the website;
2. for the appearance of any bugs;
3. for any imprecision or omission involving the information available on the website;
4. for any damage resulting from fraudulent intrusion by a third party leading to a change in the information made available on the website;
5. and more generally for any direct or indirect damage, whatever its causes, origins, nature or consequences, particularly with regard to costs that may arise from the purchase of goods offered on the website, lost profits, clientele, data or any other loss of intangible assets that may occur because of anyone’s access to the website or the impossibility of accessing it, or credit given to any information coming directly or indirectly from the website.
I accept that the total liability of the Company and of its responsible parties on the occasion of any complaint whatsoever relating to the terms and conditions, but not limited to any cause associated rightly or wrongly with the Contract, shall not exceed and shall be limited to the amount of the products which I purchased from the Company and which are being re-sold.
With the exception of a condition imposed by French law, the Company does not intend any warranty of the products, either express or implicit, beyond those conditions explicitly stated. The Company rejects and excludes any warranty concerning possible infringement of a patent, trademark, name, copyright or trade secret arising from my activities or my purchases. Consequently the Company rejects any warranty, express or implied, including but not limited to any implicit warranty of merchantability, fitness for a particular use, quality, or lack of infringement. This rejection of warranty constitutes an essential part of these terms and conditions.
12. Intellectual Property
In keeping with laws governing ownership of literary and artistic rights or other, similar rights, the present website and all its components, trademarks, drawings, models, logos, graphics, etc., on the present website, and their compilation, are the exclusive property of DL-Group and do not grant any licence or any right other than that to consult the website. The reproduction or use of all or part of these components is authorised solely for informational purposes for personal and private use; any reproduction and any use of copies made for other purposes are expressly prohibited. Any other utilisation constitutes infringement of intellectual property and is punished as such, subject to DL-Group’s prior written authorisation.
13. Applicable law and competent jurisdiction.
Sales of DL-Group products are subject to French law. Any dispute relating to the interpretation, execution or breach of the Contract entered into between DL-Group and Buyer, even in the event of multiple respondents, shall, in the absence of amicable agreement, fall under the exclusive jurisdiction of the courts of in the area where DL-Group’s registered office is located.
14. Marketing e-mailings
DL-Group reserves the right to contact its clients via marketing e-mailings in relation to previous purchases.
15. Information Technology and Freedoms
The information collected by DL-Group when Buyer places an order is necessary in order for DL-Group to manage his order. In accordance with the Information Technology and Freedoms Act 78-17 of 6 January 1978, Buyer has a right to access, correct, object to and delete data concerning him held by DL-Group by contacting Customer Service at firstname.lastname@example.org
All written notifications to the Company must be sent to: email@example.com