Terms & Conditions
These General Conditions of Sale are current as of April 15, 2020.
This document defines the General Conditions of Sale (hereinafter referred to as the «General Conditions of Sale») which govern the contractual relations between Daan Technologies (hereinafter referred to as the «Company») and its customers (hereinafter referred to as the «Client» or the «Clients») in the context of the sale of products offered for sale on the site http://daan.tech (hereinafter the «Site»).
The Site offers Customers the possibility of purchasing the products developed by the company Daan Technologies (hereinafter the «Product» or the «Products») through the online store.
ARTICLE 1 – LEGAL INFORMATION
Daan Technologies is a simplified joint-stock company with a capital of 13,516.50 euros, with its registered office located at 7 rue du Progrès 93100 Montreuil, France, registered in the Bobigny Trade and Companies Register under number 821 934 916, intra-community VAT number FR61821934916.
Telephone: +33 (0) 6 40 18 25 83
The publication director is Damian Py, legal representative of the Company.
Host: OVH, a simplified joint-stock company with a capital of 10,069,020 euros, with its registered office at 2 rue Kellermann, 59100 Roubaix (France), registered in the Lille Métropole trade and companies register 424 761 419.
ARTICLE 2 – PURPOSE AND SCOPE
2.1. The purpose of these General Terms and Conditions of Sale is to define the terms of distance selling between the Company on the one hand and the Customer making a purchase on the Site on the other hand. They therefore apply to any Order (hereinafter the «Order») of Products placed on the Site by a Customer.
2.2. The General Conditions of Sale exclusively govern the online sales contracts for the Company’s products to Customers and constitute, with the online order, contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs. of products which have only an indicative value.
The General Conditions of Sale are exclusively applicable to products delivered to Customers established in mainland France, in a member country of the European Union, in the United Kingdom and in Switzerland.
2.3. The General Conditions of Sale are made available to Customers on the Site where they can be directly consulted and can also be communicated on request by telephone, email or post.
The General Conditions of Sale are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing an Order.
The validation of the Order by its confirmation implies acceptance by the Customer of the General Conditions of Sale in force on the day of the Order.
2.4. The Company reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the General Conditions of Sale applicable are those in force on the date of the order, a copy dated to this day can be given to the Customer at his request.
2.5. The nullity of a contractual clause does not invalidate the General Conditions of Sale. The temporary or permanent application of one or more clauses of the General Conditions of Sale by the Company cannot be considered as a waiver on its part of the other clauses of the General Conditions of Sale which continue to have effect.
ARTICLE 3 – PRODUCTS
3.1. The Products offered for sale are described and presented with the greatest possible accuracy. However, without being limiting, a slight variation in the color or composition of the Product (s) does not engage the responsibility of the Company and does not affect the validity of the sale.
The photographs illustrating the Products do not constitute a contractual document.
The Company reserves the right to correct the content of the Site at any time.
3.2. The Products comply with the prescriptions of French law in force at the time of their placing on the market.
3.3. Availability of Products
3.3.1. For Orders made as part of pre-sales, the Customer is informed:
- that the Product ordered is not available on the day of the Order;
- that presales are temporary offers for Products for which production has not started;
- that specific delivery times are applicable to these orders, in accordance with article 6.2 of the General Conditions of Sale.
3.3.2 For classic Orders, made without pre-sale, the Products are offered and delivered within the limits of available stocks.
3.3.3. In case of unavailability of the ordered Product, the Company immediately informs the Customer and can offer him a Product of equivalent quality and price or, failing this, a voucher for the amount of the Order usable for any next order.
In the event of disagreement by the Client, the Company will reimburse the amounts paid within one (1) month of the Client’s notification indicating its disagreement.
Apart from the reimbursement of the price of the unavailable Product, the Company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
ARTICLE 4 – CONCLUSION OF THE CONTRACT AND ORDER OF PRODUCTS ON THE SITE
4.1. Conclusion of the contract – To place an Order, the Customer fills his virtual basket by indicating the Products selected and the quantities desired, then clicks on the «Order» button and provides the information relating to delivery and method of payment.
Before clicking on the «Confirm order» button, the Customer can check the details of his Order and its total price and return to the previous pages to correct any errors or possibly modify his Order.
Confirmation of the Order implies acceptance of the General Conditions of Sale and forms the contract.
An email acknowledging receipt of the Order and its payment is sent by the Company as soon as possible.
4.2. Modification of Order – Any modification of Order by the Customer after confirmation of his order is subject to acceptance by the Company. The Company reserves the right to make changes to the Product ordered that are linked to technical developments under the conditions provided for in article R. 212-4 of the Consumer Code.
4.3. Validation of the Order – The Company reserves the right to refuse any order for legitimate reasons.
4.4. The sales contract is formed when the Customer sends the confirmation of his Order, via the button «Confirm Order».
4.5. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1379 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
ARTICLE 5 – PRICES
5.1. The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included. The sale price of the Products does not include the shipping costs invoiced. Supplements may apply for destinations outside Metropolitan France, and in particular for deliveries made to another country member of the European Union, the United Kingdom or Switzerland.
The selling price of the Product is that in force on the day of the Order. The Company reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the Order.
5.2. The total amount is indicated in the summary of the Order, before the Customer accepts these General Conditions of Sale, validates his Order, informs and validates his delivery and billing details and if necessary invoices and proceeds to payment. This total amount is indicated in all taxes included. The total amount also includes delivery costs, the amount of which is specified.
5.3. The Order of Products on the Site is payable in euros, pounds sterling or Swiss francs in full on the day of the Order. No Order can be taken into account in the absence of full payment.
5.4. For credit card payments, the Site uses the security system of a service provider specializing in the security of online payments. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer’s bank details are not stored by computer by the Company.
5.5. The Customer guarantees to the Company that he has the necessary authorizations to use the payment method chosen when placing the Order.
5.6. The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of default or partial payment of any sum which may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
ARTICLE 6 – DELIVERY
6.1. The Product (s) offered on the Site can be delivered to mainland France as well as to the Member States of the European Union, the United Kingdom and Switzerland.
6.2. For Orders made as part of pre-sales (after October 15, 2018) for the product «Bob le Mini Lave-Vaisselle», the Company undertakes to deliver its products within eighteen (18) months from the date of purchase. By accepting the General Conditions of Sale, the Customer acknowledges having been informed that the production of the product ordered in advance has not started. In no event shall the Company be held responsible for the failure to deliver the product «Bob the Mini Dishwasher» before eighteen (18) months after the date of purchase.
6.3. With the exception of Orders made in the context of pre-sales, the Company undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 60 working days after receipt of its Ordered.
6.4. The Customer is informed by email, when his Order is ready, of his shipment. The product (s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 4.1 of these General Conditions of Sale.
6.4. The Customer must ensure that the information communicated referred to in article 4.1 of these General Conditions of Sale is correct, and that it remains so until complete delivery of the product (s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and / or delivery details that may occur between the order and delivery, by sending, without delay, an email to the following address firstname.lastname@example.org
Failing this, in the event of delay and / or error in delivery, the Customer cannot in any case engage the responsibility of the Company in the event of default of delivery, and the Customer Service of the Company will contact the Customer for a second delivery. on client fee.
The Company will also not be liable if the non-receipt of the Products is due to the action of a third party outside its intervention or in the event of theft.
In case of return of the Order due to the absence of the Customer, the Customer Service of the Company will contact the Customer for a second delivery at the expense of the Customer.
6.5. When the Product ordered is not delivered within the deadlines provided for in the General Conditions of Sale, the Customer may, after having unsuccessfully enjoined the Company to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with request for acknowledgment of receipt or in writing on another durable medium.
6.6. The risk of loss or damage to the Products is transferred to the Customer when the Customer or a third party designated by him, physically takes possession of the Product (s), without distinction according to its nature.
The Product, which is delivered to the Customer by a carrier chosen by the Company, travels at the risk of the Company. The product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the risk and peril of the Customer from the delivery of the goods to the carrier.
ARTICLE 7 – SPARE PARTS
The spare parts necessary for the use of Daan Technologies products are available for a period of ten (10) years from the date of purchase of the Product.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS
All products supplied by the Company benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code or from the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
The Customer may exercise its guarantees by addressing its request to: Daan Technologies, ZA Mortier Est, 85610 Cugand (France).
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the Product to act;
- may choose between repairing or replacing the Product, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the Product’s lack of conformity during the twenty-four months following the delivery of the goods.
The Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
ARTICLE 9 – CLIENT’S OBLIGATIONS
9.1. The Customer undertakes to comply with the terms of these General Conditions of Sale.
9.2. The Customer agrees to use the Site in accordance with the instructions of the Company.
9.3. The Customer agrees that he uses the Site only for his personal use, in accordance with these General Conditions of Sale. In this regard, the Customer agrees to refrain from:
- to use the Site in any illegal way, for any illegal purpose or in any way incompatible with these General Conditions of Sale;
- to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
- attempt to gain unauthorized access to the Site’s computer system or to engage in any activity that disrupts, lowers the quality or interferes with performance or degrades the functionality of the Site.
- to use the Site for improper purposes by deliberately introducing viruses or any other malicious program to it and to attempt to gain unauthorized access to the Site.
- infringe the intellectual property rights of the Company and / or resell or attempt to resell the products to third parties.
- to disparage the Site and / or the products as well as the Company on social networks and any other means of communication.
9.4. If, for any reason, the Company considers that the Customer does not comply with these General Conditions of Sale, the Company may at any time, and at its sole discretion, withdraw its access to the Site and take all measures including any civil legal action and penal against him.
ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1. In accordance with Articles L. 221-18 et seq. Of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the product ordered on the Site to exercise their right of withdrawal from the Company , without having to justify reasons or pay a penalty.
10.2. To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without justifying reasons. The Customer can communicate his decision of withdrawal to the Company by any means, in particular by sending it by post to the Company at the following address: Daan Technologies, ZA Mortier Est, 85610 Cugand (France) or by email at hello @ daan .tech
10.3. In the event of notification to the Company by the Customer of its decision to withdraw, whatever the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by fax, post or email).
10.4. The Customer must return the Product (s) in the same state as that in which he received it (s), and with all of the packaging, accessories and instructions, as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, at the following address: Daan Technologies, Customer Service, ZA Mortier Est, 85610 Cugand (France). The Customer bears the cost of returning the product (s).
10.5. The Customer is invited to indicate the reason for return / withdrawal, in order to help the Company to improve its Product (s).
10.6. In the event of withdrawal by the Customer, the reimbursement of the Product (s) which has been or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this reimbursement will not incur costs for the Client. The refund will be made as soon as possible, and no later than 14 days from the day on which the Company is informed of the Customer’s decision to withdraw their Order. The Company may postpone the reimbursement until receipt of the Product (s) subject to the order, or until the customer has provided proof of shipment of this (or these) Product (s), the date selected being that of the first of these facts.
10.7. In accordance with article L.221-23 of the Consumer Code, it is recalled that the responsibility of the Customer, in the event of withdrawal after use of the Product (s), is engaged with regard to the depreciation of the Product (s) resulting manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these Products. According to the European Commission, these manipulations are those that a consumer can perform in a store, for the goods offered there for sale.
10.8. The Customer has a period of seven (7) days from the date of pre-order of the product on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.
ARTICLE 11 – LIABILITY
11.1. The Company implements all the measures necessary to ensure the Customer the supply, under optimal conditions, of Product (s) of quality. However, in no case may it be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unpredictable and insurmountable fact of a third party foreign to the contract, or a case of force majeure. More generally, if the responsibility of the Company were engaged, it could in no case agree to compensate the Customer for indirect damages or whose existence and / or quantum were not established by evidence.
For cross-border contracts within the European Union, the responsibility of the Company cannot be engaged for non-conformity of the product with the legislation of the country of the Customer to which it belongs to check if the product is not prohibited for sale in his country.
11.2. In the event of damage caused by a Product security defect, the Customer must seek the responsibility of the manufacturer, identifiable from the information mentioned on the product packaging.
11.3. The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
11.4. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
11.5. The Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, the product (s) and other information disseminated on these websites.
11.6. It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, for the case where the customer’s computer equipment or electronic mail rejects, for example due to anti-spam, emails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary statement of the Order or even the email for tracking the shipment.
11.7. The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
Article 12 – PERSONAL DATA – COOKIES – SECURITY
12.2. The Customer undertakes not to jeopardize the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the information system of the Company. The Customer may not infringe or hinder the information system of the Company. Otherwise, the Company may take any measure against it and in particular engage its criminal responsibility under articles 323-1 and following of the Criminal Code.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
All the elements of this Site and the Site itself are protected by copyright, the law of trademarks, designs and / and all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
The use of the name and the brand «Daan Technologies», the name and the brand «Bob», the logos, the designs and models, stylized letters, figurative brands, and all the signs represented on this Site is exclusively reserved for the society.
No title or right whatsoever over any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more that modify or perform any work based on them, or sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot in any case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Customer of the corporate names, brands and separate signs belonging to the Company is strictly prohibited except with the express and prior written agreement of the Company.
ARTICLE 14 – APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1. These General Conditions of Sale are governed by and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.
Foreign customers who have contracted on a French site must demonstrate, in order to obtain the application of their own law from the judge, that French law is less favorable than that of their country and that the law of their country creates an obstacle to trade in the internal market which is justified by consumer protection.
14.2. In the event of a litigation likely to arise on the occasion of the interpretation and / or the execution of the present or in relation to the present General Conditions of Sale, the Customer can decide to submit the litigation with the Company to a procedure of conventional mediation or any other alternative dispute resolution method.
14.3. The Customer can go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France: https://webgate.ec. europa.eu/odr/.
14.4. In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the code of civil procedure will apply.