Terms and Conditions

1. Preamble

The Company urges Users to read carefully these Terms and Conditions. By placing an Order, Users agree to be bound by the following Terms and Conditions. Features of a Product are described on the Website, and it’s the Customer’s responsibility to take them into consideration before placing an Order. Pictures and illustrations presented on the Website are not contractually-binding.
The Customer recognizes having read and accepted the Terms and Conditions by checking the box provided for that purpose before placing their Order.
These Terms and Conditions govern the conditions in which the Company sells Products to its Professional clients and Consumers though its Website.
They apply to any sale completed by the Company and have priority over any contradictory document.
They are available at any time to any Customer who would enquire about them.
In the case of an update or change to these Terms and Conditions, the Customer is subject to the version that was in place at the time of their Order.

2. Definitions

"Company" refers to the Deer and Doe company;
"Consumer" refers to the natural person using the service outside of their professional needs or activity;
"Customer" refers to the Consumer who has placed an Order of a Product sold on the Website;
"Order" refers to any order placed by a User registered on the Website;
"Products" refers to the physical goods and virtual content that are offered for sale on the Website;
"Physical Products" refers to the physical goods that can be appropriated and are offered for sale on the Website;
"Professional" refers to the natural or legal person using the service as part of their professional activity;
"Terms and Conditions" refers to this document detailing the terms and conditions for the use of the Website and Products;
"User" refers to any natural or legal person using the Website;
"Virtual Products" refers to the virtual content offered for sale on the Website; and
"Website" refers to the internet website located at www.deer-and-doe.fr or www.deer-and-doe.com and all of its subdomains.

3. Registration

Registration on the Website is open to any legal person or any natural person who has reached legal majority and is thus legally responsible without limitations.
The use of the Website is conditional to the registration of a User. Registration is free.
In order to register, the User must fill out all the required fields; otherwise the registration cannot be completed.
Users guarantee that any information provided to the Website, in particular during the registration process, is exact and true. They commit to update their personal information from the dedicated webpage accessible within their account.
Any registered User is associated with a unique login ID and with a password. Both of these are strictly personal and confidential and should not under any circumstances be communicated to others, under penalty of deletion of the offending User’s account. Each registered User is personally responsible for maintaining the confidentiality of their login ID and password. The Website cannot be held responsible for the theft of a User’s account. If a User suspects a fraud at any time, they should contact the Company without delay so that it can take any necessary measures to rectify the situation.
Any User, whether a legal or natural person, can only hold a single account on the Website. In the event of a breach of these Terms and Conditions, in particular the creation of several accounts for a single person or the provision of false information, the Company retains the right to delete temporarily or indefinitely any account created by the offending User.
The deletion of the account results in the permanent loss of any advantage or service acquired on the Website. However, any Order placed and billed on the Website before the deletion of the account will be processed in normal conditions.
In the event of the deletion of an account by the Company for a breach of these Terms and Conditions, it is strictly forbidden for the User to create a new account on the Website, whether through another email address or with the help of an outside person, without the express consent of the Company.

4. Order

An Order can only be placed after a User has registered on the Website. The User, once logged into their account, can add Products to their virtual cart. They can then access their virtual cart summary in order to confirm the Products they wish to order, and place their Order by clicking the “Order” button.
They will have to input a mailing and/or billing address, choose a carrier, and enter a valid mean of payment in order to finalize the Order and form the contract between them and the Company. Finalizing the Order implies that the User accepts the price of the Products, as well as the conditions and shipping delays indicated on the Website.
Once the Order is placed, the User will be informed by email. This confirmation will contain the Order summary as well as any relevant information to the delivery. Placing an Order constitutes the conclusion of a distance sales contract between the Company and the Customer.

5. Products and Prices

The Products subjected to these Terms and Conditions are those who appear on the Website and that are sold and delivered directly by the Company.
The Products are described on the corresponding page of the Website, and their essential features are presented. The supply of Product is subject to stock availability. The Company cannot be held responsible for out-of-stock products, or for the impossibility of providing a physical Product (or virtual in the case of a limited edition) for which the stock is non-existent.
When a registered User wishes to acquire a Product sold by the Company through the Website, the price indicated on the Product’s page corresponds to the price in Euros, taxes included, shipping fees non-included, and includes the applicable discounts valid on the day of the Order. The displayed price does not include shipping fees which will be detailed, if applicable, in the summary before the Order is placed. If the total cost of the Product is not computable in advance, the Company will provide the Customer with a detailed invoice stating the price calculation formula.
Under no condition can a User demand the application of a discount that is not valid at the time of the Order.

6. Payment

Unless specified otherwise, all sales must be paid in full when the Order is placed.
Payment can be made using a credit card, debit card, or Paypal account, through a secure connection on the Paypal payment platform.

7. Physical Products Delivery

The Company commits to mobilizing all their available material and human resources to deliver Physical products as early as possible. Shipping times can vary depending on the geographical zone of the Customer, the chosen shipping carrier, or the ordered Physical product.
If the Order has not been shipped within 7 working days, except in cases of force majeure, the Customer can request to have the sales contract rescinded by registered mail with acknowledgement of receipt, after having asked the Company, through the same modalities, to proceed to the delivery in a reasonable additional delay, and if the Company failed to do so. In this case, the Customer will be refunded within a 30-day window if a payment has already been made.
The Company cannot be held responsible for mistakes made by the Customer, including failures to input complete information when communicating their contact information, and for shipping delays or failure to deliver the ordered Products that may result from these mistakes. In the case where delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as early as possible in order to obtain a new delivery address, and the potential additional shipping fees will be at the expense of the Customer.
Moreover, the Company shall in no case be responsible for shipping delays in the following situations:
during periods of high demand, such as holiday periods,
for delays due to force majeure, i.e. due to circumstances unforeseeable, irresistible, and independent of the will of the Company,
for events exclusively attributable to the carrier in charge of the delivery.
The delivery is made, according to the Customer’s choice and with regard to the prices indicated on the Website, to the address communicated by the Customer during their Order through postal services (La Poste) or private carriers. In mainland France: by Lettre Verte or tracked parcel. For other countries: by International Priority Mail or tracked parcel.
For any Order of Physical Products placed on the Website, the Customer has the right to submit a complaint within 20 days after the Product has been delivered. The Customer is responsible for checking the apparent state of the Products as they are delivered. In the absence of reservations expressed at delivery, Products are deemed in compliance with the Order.
In order to submit a complaint, the Customer must write to the Company, through the contact form on the Website, a declaration in which they express their reservations and complaints, along with supporting documents (receipt slip signed by the carrier, pictures…). Complaints that do not respect the aforementioned conditions will not be accepted.
The Company will repair, replace, or refund the Product or its components as early as possible and at the Company’s charge, subject to the material possibility of repairing the Product and/or its availability in stock.
When relevant, the Customer commits to paying on delivery all taxes, fees, and other charges, both present and future, linked to the delivery of the Products themselves; the Company cannot be considered jointly and severally liable for these sums.

8. Virtual Products Availability

The Company commits to mobilizing all their available material and human resources to make Virtual Products available on the Customer’s account within 24 hours after the Order was placed. However, it cannot be held responsible for delays in availability resulting from faults not attributable to the Company.
If the Virtual products haven’t been made available in the set time-frame, the Customer can request to have the sales contract rescinded in the conditions states in articles L138-2 and L138-3 of the French Consumer Code. The amounts paid by the Customer will be refunded at the latest 14 days after the date of the report.
This provision does not apply when the delay is due to a fault of the Client or to a case of force majeure, i.e. due to circumstances unforeseeable, irresistible, and independent of the will of the Company.

9. Right of Withdrawal

The Consumer has a right of withdrawal of 14 days from the date the Order has been placed, except for products mentioned in article L.121-21-8 of the French Consumer Code (in particular: “supply of digital content not supplied on a material support whose execution started after express prior consent of the purchaser and express waiver of their right to withdrawal”). In the case of a Virtual product, the first download of the Product constitutes a waiver of the right to withdrawal.
In order to exercise this right to withdrawal, the Consumer needs to send a declaration though the contact form on the Website.
Physical products must be returned in their original packaging and in perfect condition within 10 days from the Company being notified of the withdrawal by the Consumer. Direct costs for the return of the Products are at the expense of the Consumer.
The Consumer will be refunded of the totality of the amount paid for placing the Order within 30 days from the acknowledgment of the withdrawal by the Company. The refund will be made through the same means of payment used when placing the Order.

10. Transfer of Ownership

The Company retains ownership of the Products until complete paiement of the price by the Customer. It can thus repossess said Products in case of non-payment. In this case, any down-payment made to the Company shall remain in its possession as a compensation

11. Legal Safeguards

Products sold on the Website are guaranteed according to the legal dispositions of the French Consumer Code and Civil Code.
Any Products resold in a modified or altered state are not covered by said guarantee.
The guarantee is limited to the replacement or reimbursement of non-compliant or flawed Products. It does not apply in case of wrongful or abnormal use of the Product, nor in cases where the Product doesn’t respect the legislation of the country in which it is delivered.
The Customer shall inform the Company of the existence of flaws within a two-year period. The Company will have the flawed Products fixed to the extent possible. If the Company is considered liable, the guarantee will be limited to the amount paid by the Consumer for the supply of Products, tax excluded. The replacement of the Products does not prolong the guarantee.

12. Updates

The Company retains the right to update and modify the Website, the Terms and Conditions, as well as any delivery process or other constituent of the services offered by the Company through the Website.
When an Order is placed, the User is held to the conditions stated in the Terms and Conditions valid at the time of the Order.

13. Data Protection and Freedom of Information

In accordance with the Data Protection Act of the 6th of January 1978, the personal data asked of the client is strictly necessary to the processing of their Order. It can thus be communicated to partners in charge of executing the Orders. Users might also receive information or commercial offers from the company.
The processing of information collected through the Website has been declared to the CNIL (National Commission for Information Technologies and Liberties).
In accordance with the Data Protection Act of 6 January 1978, the Customer can exercise their right of access, correction and deletion of the information related to them by writing to us through the contact form on the Website and proving their identity. The User can, at any moment, object to receiving any commercial offer by clicking on the link provided for that purpose in emails received from the Website.
In order to provide an optimal browsing experience to its Users and to improve the various interfaces and processes of the Website, the Company may place a cookie on the User’s computer. This cookie enables the storage of information regarding navigation on the Website, as well as potential data provided by the User (in particular search queries, login, email, password). The User expressly authorizes the Company to store a file, aka cookie, on their hard drive.
The User has the possibility to block, change the duration of storage, or delete this cookie through their web browser interface. If the systematic deletion of cookies from the User’s browser prevents them to use certain services or features of the Website, this issue might not in any case be considered to be a damage to the User, who thus cannot claim any kind of compensation.

14. Liability

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website, and even though it mobilizes every ressource to ensure continuous service, the latter might be interrupted at any moment. Besides, the Company retains the right to limit access to the Website at its sole discretion in order to perform any necessary operation of update, improvement or maintenance.
As previously mentioned, the Company shall in no case be held responsible for shipping delays for reasons outside of its control, independent of its will, unforeseeable, and irresistible, or faults that cannot be attributed to the Company.

15. Intellectual Property

The brand, logo, and graphical identity of the Website are trademarks registered with the INPI and intellectual work protected by copyright whose ownership belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or total, without express consent of the Company, will expose the infringing party to civil and criminal prosecution.
All the sewing patterns commercialized by the Company have been filed with the INPI. These Products are reserved for private use and any commercial exploitation (for example sewing classes, selling clothes made from these patterns...), copy, and free or paid circulation (excluding authorized resellers) will expose the infringing party to civil and criminal prosecution.

16. Law

The law governing this Terms and Conditions is the French law. Any dispute which may arise between the Company and a User during their execution will be subject first to an attempt to find an amicable solution. Failing that, the disputes will be brought before competent common law courts.
These Terms and Conditions have been established in French, and this English translation is provided for informational purposes only. Only the French version is legally valid.


Legal information

DEER AND DOE, SARL WITH A CAPITAL OF 3000 EUROS - 792 982 332 R.C.S. PARIS

2 bis, rue Dupont de l'Eure
75020 Paris - France
Publishing Director: Eléonore Klein

PRIVACY

In compliance with the Law no.78-17 dated January 6th 1978 relating to Information Technology, Files and Civil Liberties, Deer&Doe has been registered with the CNIL (French National Agency regulating Data Protection) under the number 1610658.

HOSTING

Infomaniak
26, Avenue de la Praille
1227 Carouge / Genève
SWITZERLAND


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