Terms and Conditions
The following terms and conditions are an agreement between DIGITAL FASHION GROUP, an SAS (French simplified joint stock company) with a capital of 151,426 euros registered in the Paris Trade and Companies Register (RCS) under number B 449 327 667, whose head office is located at 101 rue Réaumur 75002 Paris France, hereafter referred to as "DIGITAL FASHION GROUP", and any person wanting to purchase products from the DIGITAL FASHION GROUP e-commerce website http://www.enviedefraises.fr ("the Website"), hereafter referred to as "the Buyer".
The entire Website is the property of DIGITAL FASHION GROUP, including any related rights. Any reproduction, in full or in part, requires prior approval from the owners. Hyperlinks to the Website are permitted without prior authorisation, however DIGITAL FASHION GROUP shall not be held liable should the content of these third party websites violate current laws and regulations.
1.Acceptance of the terms and conditions
When placing an order on the Website, the Buyer acknowledges having read the terms and conditions of sale presented on this page and expressly declares full unconditional acceptance of these.
These terms and conditions govern all contractual relations between DIGITAL FASHION GROUP and the Buyer, and both parties agree to them without reservations. These general terms and conditions shall prevail over any other terms and conditions present in any other document, unless previously agreed otherwise in writing.
DIGITAL FASHION GROUP shall not be held liable for the consequences of any malicious act caused by a third party and resulting in a modification of the Website's content.
DIGITAL FASHION GROUP undertakes to inform the Buyer as soon as possible should a product be unavailable.
The Website's automatic recording systems shall be deemed valid proof of the nature, content and date of the order. DIGITAL FASHION GROUP confirms acceptance of a Buyer's order by sending an email to the address the Buyer has provided. The sale shall only be deemed to have taken place once the order confirmation has been received and payment has been approved by the relevant bank.
DIGITAL FASHION GROUP reserves the right to cancel any order from a Buyer who has failed to pay for a previous order or with whom there is an ongoing dispute. The information provided at the time of placing the order shall be binding upon the Buyer: DIGITAL FASHION GROUP shall not be held liable should an order be undeliverable due to an error in the delivery address.
Any order implies full acceptance of these terms and conditions and of the prices and descriptions of the products presented for sale. Once an order has been placed on the site, it goes through various stages:
- 1- Pending payment: The Buyer has elected to pay by cheque and the order is therefore pending.
It will be processed as soon as the Buyer's cheque arrives (provided all items ordered are available).
- 2- Payment approved: The Buyer has used a bank card to pay for the order.
The Buyer's payment has been approved and the order will be dispatched promptly by the DIGITAL FASHION GROUP logistics centre.
- 3- Processing order: The Buyer has paid for the order and the payment has been approved. However, the Buyer's order shows a "Processing order" status as some of the items ordered are not available. Buyers should contact DIGITAL FASHION GROUP if they wish their order to be dispatched without waiting for their other item(s) to become available. In this particular circumstance, DIGITAL FASHION GROUP shall issue Buyers with a credit note for the amount they were charged for the unavailable item(s).
- 4- Order confirmed: All of the items in the Buyer's order are now available.
The order has been confirmed and will be dispatched by the DIGITAL FASHION GROUP logistics centre.
- 5- Dispatched: The Buyer's order has been dispatched. It should arrive at its destination within the next few days, depending on the delivery option chosen.
All orders placed on this site, which are to be delivered outside the European Union may be subject to possible taxes and custom duties once the package reaches it's destination.
These possible custom duties and taxes related to delivery are the client's responsibility. It is up to the client to find out about such charges and get to know the relevant authorities in their own country..
5.The Buyer's account
Changing the account password:
Once in their account after logging in, Buyers should click on "My details" to find or change their password.
Changing the delivery or billing address:
Once in their account after logging in, Buyers should click on "My details" to change their delivery or billing address.
Protection of privacy:
All personal information collected on the Website is required for distance selling purposes, since it is necessary for processing and delivering orders, as well as issuing invoices and guarantees.
Failure to provide such information will result in the Buyer's order being rejected. In accordance with the French law governing data protection and civil liberties, DIGITAL FASHION GROUP's handling and processing of personal customer information has been duly declared to the French Data Protection Authority, namely the CNIL.
In accordance with the provisions of Article 34 of the Act dated 6 January 1978 (French law), Buyers have the right to access, modify, rectify and delete any information relating to them. To exercise this right, the Buyer should send a written request to the following address: DIGITAL FASHION GROUP service client 101 rue Réaumur 75002 Paris FRANCE.
Buyers shall include with their request their full name and address, as well as their customer number if applicable.
DIGITAL FASHION GROUP may disclose certain personal information to its trading partners. As a result, the Buyer may receive special offers and deals from third parties. Unless Buyers expressly refuse, their mailing address may be disclosed to DIGITAL FASHION GROUP's trading partners.
Email addresses, however, shall only be disclosed to said partners with Buyers' express permission. Such disclosure may be refused at any time, either by not giving permission when registering on the Website and/or confirming an order, or by sending a written refusal by mail, indicating their full name and address, as stated above.
Buyers may pay for their order by bank card, PayPal or cheque issued by a French bank.
By bank card
Bank card payments are processed via Paybox, a secure online payment processing service. Once the payment has been approved, the transaction amount shall be debited within 48 hours. DIGITAL FASHION GROUP accepts the following cards:
- Credit Card
- Eurocard / Mastercard
By cheque :
Buyers may also pay for their order with a cheque issued by a French bank, by simply clicking on "Pay by cheque" when choosing a payment option, and sending their cheque to DIGITAL FASHION GROUP within 7 days. The cheque should be made payable to DIGITAL FASHION GROUP and sent to the following address:
DIGITAL FASHION GROUP
101 rue Réaumur
75 002 Paris
The Buyer's order number must be included with the cheque. If Buyers choose to pay by cheque, their order shall only be dispatched once DIGITAL FASHION GROUP has received their payment.
Buyers may pay for their purchases through the online payment service PayPal, by creating an account on PayPal if they do not already have one. PayPal also offers the possibility of paying with Visa, MasterCard, American Express.
The SSL protocol allows Buyers to make their payment via an HSBC bank server in a secure environment. The Buyer's bank card number is sent to the bank's servers and the bank receives the payment directly in a secure environment, without going through DIGITAL FASHION GROUP's server. This is an important guarantee because only DIGITAL FASHION GROUP's partner bank (HSBC) will know the Buyer's numbers. Once Buyers have confirmed their order, it shall only be deemed effective once the relevant payment processing centres have given their approval. Should these centres refuse a Buyer's payment, the order shall be cancelled automatically and the Buyer shall be notified of this by email. Moreover, DIGITAL FASHION GROUP reserves the right to refuse any order from a Buyer with whom there is an ongoing dispute.
Printing or saving an invoice:
Buyers may print their invoice by going to "My account", "My orders", then clicking on the reference number for the order in question.
7.Cooling-off period, returns, exchanges
There is a cooling-off period of 7 days from the date the order is received, during which Buyers may change their mind without providing a reason or paying any penalties other than the cost of returning the item(s), if applicable.
If Buyers are not satisfied with the item ordered, they may elect to receive a credit note (valid for one year), exchange the item, or have it refunded. It should be noted, however, that exchanges are only possible in France or Benelux and for the same item in a different size. For deliveries to the French Overseas Territories, a credit note or refund shall be issued.
In the event of an exchange or refund, the Buyer shall send back the brand new item(s) in its (their) original, intact packaging along with any accessories originally included, such as instructions for use, labels and documents, to the following address:
ORIUM / DIGITAL FASHION GROUP
Zone Actiparc La Guittière
49140 Seiches sur le Loir
In all circumstances, goods shall be returned in their brand new and intact original packaging, along with any accessories originally included (instructions, labels, etc). DIGITAL FASHION GROUP reserves the right to refuse to refund the returned item in the event it is not clean, intact and fit for sale.
For administrative reasons, it is recommended that Buyers include their return authorisation when sending back their parcel. For hygiene and health reasons, underwear items may only be returned if DIGITAL FASHION GROUP mistakenly sends the Buyer a product that does not match their order, and in this case it shall be returned unworn, unopened and in its original packaging.
Should the Buyer elect to return an order within the cooling-off period in accordance with the above stated conditions, the Buyer shall be responsible for the cost of returning the parcel and DIGITAL FASHION GROUP shall refund any monies paid by the Buyer minus any discounts granted and with no additional charges deducted.
The refund shall be processed via the same method as that used for payment: if the Buyer paid by bank card, the refund amount shall be credited to the bank card; if the Buyer paid by cheque, DIGITAL FASHION GROUP shall send the refund in the form of a cheque or the Buyer may instead request a credit note valid on the Website for one year.
Prices are indicated in pounds.
The price indicated on the product information pages does not include shipping. The price indicated in the order confirmation is the final price and exclude all applicable taxes. This final price includes the price of the product(s), plus packing, handling and shipping fees.
The products remain the property of DIGITAL FASHION GROUP until they have been paid for in full.
If one or several taxes (such as an environmental tax) were to be introduced or changed, this may be reflected in the retail price of the items presented for sale on the Website and in any sales documentation, whether this results in a higher or a lower price. When items are ordered on the Website according to their references in a catalogue, the price(s) and date(s) indicated in the catalogue shall apply.
Should any difficulties arise in enforcing the present contract, Buyers may seek to settle the matter amicably and out of court, with the help of an industry trade association, a consumers' association or any other advisor of their choosing.
This attempt at an out-of-court settlement does not interrupt the "brief time period for action" provided under the terms of the legal guarantee, nor the duration of the contractual guarantee.
Generally, and subject to the judgement of the courts, compliance with the provisions of this contract relating to the contractual guarantee implies that Buyer shall honour their financial commitments to DIGITAL FASHION GROUP.
Careful and considerate attention shall always be given to claims and disputes, based on the assumption that the claimant is acting in good faith. Should an issue arise, the Buyer shall first approach DIGITAL FASHION GROUP in order to seek an amicable solution.
In the event the claim or dispute cannot be settled amicably, the French court that is competent to rule is the local court of the defendant’s place of residence or, if the plaintiff so chooses, the local court of the place where the product was actually delivered.
DIGITAL FASHION GROUP shall not under any circumstances be held liable for non-observance of the regulatory and legal provisions in force in the country of receipt, and the liability of DIGITAL FASHION GROUP is automatically limited to the value of the product in question on the date of sale, without any possibility of filing claims against the brand or product manufacturer.
In any event, the Buyer is covered by a legal guarantee against hidden defects which allows consumers to return faulty goods (Article 1625 et seq. of the French Civil Code).
As long as the Buyer is able to prove the hidden defect, DIGITAL FSHION GROUP shall be legally bound to remedy all consequences of said defect (Article 1641 et seq. of the French Civil Code); should the Buyer decide to take the matter to court, this action must be initiated within a "brief period" from the time the hidden defect was discovered (Article 1648 of the French Civil Code). The Buyer may contact the DIGITAL FASHION GROUP customer service department by email 5 days a week (Monday to Friday) at the following address: firstname.lastname@example.org.
All personal information collected for the purposes of distance selling is necessary for processing and delivering orders, as well as for issuing invoices and guarantees.
Failure to provide such information shall result in the order being rejected. In accordance with the French law governing data protection and civil liberties, the handling and processing of personal customer information by DIGITAL FASHION GROUP has been duly declared to the French Data Protection Authority, namely the CNIL.
In accordance with the provisions of Article 34 of the Act dated 6 January 1978 (French law), Buyers have the right to access, modify, rectify and delete any information relating to them. To exercise this right, they should send a written request to the following address:
DIGITAL FASHION GROUP Customer Service
101 rue Réaumur
This request should include Buyers' full name and address, as well as their customer number if applicable. DIGITAL FASHION GROUP may disclose certain personal information to its trading partners.
Buyers may receive special offers and deals from third parties. Unless Buyers expressly refuse, their mailing address may be disclosed to DIGITAL FASHION GROUP's trading partners. A Buyer's email address, however, can only be disclosed to said partners with the Buyer's express permission. Buyers may refuse such disclosure at any time, either by not giving permission when registering on the Website and/or confirming their order, or by sending a written refusal by mail, indicating their full name and address, as stated in the paragraph above.
Certain pages on the Website may sometimes contain digital images or "Web tags", which are used to count the number of visitors to the page. These Web tags may be used with some of DIGITAL FASHION GROUP's partners, to measure and improve the effectiveness of certain ads for example. In any event, the information obtained with these tags is strictly anonymous and simply makes it possible to collect statistics on the number of visitors to certain pages of the Website in order to improve customer experience.
12.Signatures and proof
In all circumstances and in accordance with the provisions of the French law dated 13 March 2000, providing a bank or credit card number online and proceeding with final validation of the order shall be considered proof of said order and all charges relating to the item(s) appearing on the order form shall be deemed valid and payable.
The computerised records stored in reasonably secure conditions within DIGITAL FASHION GROUP's information systems and those of its partners shall be considered as proof of any communication, orders, payments and transactions that have taken place between the parties.
Regarding access to the site, the order process, the delivery of products and all subsequent services, DIGITAL FASHION GROUP is bound only by a best-endeavours obligation. DIGITAL FASHION GROUP may not be held liable for any inconvenience or damage inherent in the use of the Internet, such as a service interruption, an external intrusion, or the presence of computer viruses, or because of a case of force majeure as defined by French jurisprudence.
All visual elements and sound files on the Website, including the underlying technology used, are protected by intellectual property law. They are the exclusive property of DIGITAL FASHION GROUP.
If Buyers have a personal website on which they would like to display a simple link to the homepage of the Website for their own personal use, they must ask for DIGITAL FASHION GROUP’s express permission before doing so.
Framing or online linking to any part of the Website is strictly forbidden. In any event, any link to the Website must be removed at DIGITAL FASHION GROUP's request, even if it was previously tacitly approved.
Certain hyperlinks may lead to sites other than the Website. DIGITAL FASHION GROUP disclaims any liability should the content of these sites violate current laws and regulations.
Should any provision of these terms and conditions become null and void as a result of a change in legislation or regulations, or by virtue of a court decision, the other provisions of these terms and conditions shall remain in full force and effect.
16.Entire agreement clause
These terms and conditions and the order summary sent to the Buyer form a single contract and constitute the entirety of the existing contractual relations between DIGITAL FASHION GROUP and the Buyer.
In the event of any inconsistency between these documents, these terms and conditions shall prevail.
These terms and conditions shall apply for as long as the products offered by DIGITAL FASHION GROUP are online.
DIGITAL FASHION GROUP shall not be liable in the event of partial or total non-performance of its obligations under this contract where such non-performance is due to an event that constitutes a case of force majeure.
Cases of force majeure are defined as events that fulfil the criteria set by case law.
DIGITAL FASHION GROUP shall advise the Buyer of any case of force majeure within five (05) working days of the occurrence or likelihood of the event.
DIGITAL FASHION GROUP and the Buyer hereby agree that they shall consult one another within the shortest possible time frame in order to decide jointly on how to carry out the order during the case of force majeure. Should an interruption caused by a case of force majeure last longer than one (1) month, DIGITAL FASHION GROUP shall be entitled to cancel the order and refund the Buyer, if applicable.