Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter the “T&Cs”) apply to any purchase made by a consumer or professional (hereinafter the “Customer”) on the website www.deelya.com (hereinafter the “Site”) from:

SAS CAP 2030
Share capital: €3,000
Registered office: 118 avenue des Charmes, 74140 Sciez-sur-Léman, France
Correspondence and contact address: 118 avenue des Charmes, 74140 Sciez-sur-Léman, France
RCS Thonon-les-Bains — 530 885 763
Intracommunity VAT: FR42 530 885 763
Telephone: 04 50 81 08 99 (Monday to Friday, 9am-5pm)
Email: contact@deelya.com

(hereinafter the “Seller”)

Any order placed on the Site implies the Customer's full and complete acceptance of these T&Cs.

Article 1 — Definitions

“Customer”: any natural or legal person making a purchase on the Site.

“Product(s)”: all products offered for sale on the Site.

“Order”: any purchase of one or more Products made by the Customer on the Site.

“Delivery”: the physical handover of the Product to the Customer or a third party designated by them, at the address indicated during the Order.

Article 2 — Purpose

These T&Cs govern the sale of Products by the Seller to its Customers via the Site. They specify the conditions for ordering, payment, delivery, and return of Products.

The applicable T&Cs are those in force on the date the Order is placed by the Customer.

Article 3 — Products

The Products offered for sale are those described on the Site on the day of consultation by the Customer. Photographs and descriptions of the Products are presented with the greatest care. However, they do not constitute a contractual element and cannot engage the Seller's liability in the event of slight differences with the delivered Product.

The Seller reserves the right to modify the range of Products offered on the Site at any time.

Article 4 — Prices

The prices of the Products are indicated in euros, all taxes included (TTC), including the VAT applicable on the day of the Order.

Delivery costs are indicated to the Customer before final validation of the Order and are added to the price of the Products, unless otherwise indicated on the Site.

For deliveries to a country outside the European Union, in particular Switzerland or Norway, the Order may be subject to customs duties, import taxes, local VAT, customs clearance fees, or administrative fees applied by the competent authorities or by the carrier.

Unless otherwise indicated at the time of the Order, these costs are not included in the price paid on the Site and remain the responsibility of the Customer.

For certain destinations outside the European Union, DEELYA may offer delivery with duties and taxes included when this option is expressly indicated at the time of the Order.

Article 5 — Orders

5.1 Placing an order

The Customer selects the Product(s) of their choice, adds them to their cart, then validates their Order by following the steps indicated on the Site. The Order is definitively registered only after payment confirmation.

The Seller reserves the right to refuse or cancel any Order in case of a legitimate reason (anomaly in the Order, existing dispute, suspicion of fraud).

5.2 Order confirmation

A confirmation email summarizing the essential elements of the Order (Product(s), price, delivery address) is sent to the Customer after payment validation. This email does not constitute an invoice.

5.3 Availability

Products are offered within the limits of available stock. In case of unavailability of a Product after the Order has been placed, the Customer is informed as soon as possible and can choose between a refund of the amount paid or waiting for replenishment.

Article 6 — Payment

6.1 Payment methods

The Customer can pay for their Order using the following payment methods: credit card (Visa, Mastercard), PayPal, Apple Pay.

Credit card transactions are processed securely by our payment service provider. The Customer's banking data is neither stored nor accessible by the Seller.

6.2 Payment date

The amount of the Order is debited at the time of payment validation by the Customer.

Article 7 — Delivery

7.1 Delivery zones

The Seller delivers Products in metropolitan France, within the European Union, and to certain non-EU European countries, including Switzerland and Norway.
The available delivery zones, proposed carriers, applicable fees, and estimated delivery times are indicated on the Site before Order validation.

7.2 Delivery times

Products are generally shipped within 48 working hours from payment confirmation.
Estimated delivery times are indicated on the Site at the time of order. As an indication, they are generally 2 to 5 working days for metropolitan France and may vary for European or international deliveries, especially in case of customs formalities.

These times are indicative. A delay in delivery compared to the indicated times cannot lead to the cancellation of the Order or the payment of damages, unless the delay exceeds 30 days or if the delivery date was an essential condition of the contract within the meaning of Article L.216-2 of the Consumer Code.

7.3 Receipt

The Customer is required to check the condition of the package upon receipt. In case of damage, the Customer must make reservations with the carrier and inform the Seller within 3 working days.

7.4 Transfer of risks

The transfer of risks of loss or deterioration of the Products occurs at the time of Delivery, i.e., when the Customer physically takes possession of the Product.

7.5 Customs, taxes and import fees

Unless otherwise indicated at the time of the Order, these costs are not included in the price paid on the Site and remain the responsibility of the Customer.

For certain destinations outside the European Union, DEELYA may offer delivery with duties and taxes included when this option is expressly indicated at the time of the Order.

DEELYA cannot be held responsible for additional delays related to customs formalities.

The Customer is invited to inquire with the competent authorities of their country before placing any Order.

Article 8 — Right of withdrawal

8.1 Principle

In accordance with Articles L.221-18 et seq. of the Consumer Code, the consumer Customer has a period of thirty (30) days from receipt of the Product to exercise their right of withdrawal, without having to provide any reason or pay any penalty.

Note: the legal period is 14 days. The Seller grants an extended period of 30 days.

8.2 Exercising the right of withdrawal

To exercise their right of withdrawal, the Customer must notify their decision to the Seller by any unambiguous means (e-mail, postal mail) before the expiry of the 30-day period.

Contact address: contact@deelya.com or SAS CAP 2030, 118 avenue des Charmes, 74140 Sciez-sur-Léman.

8.3 Product return

The Customer must return the complete Product, in good condition, undamaged and, if possible, in its original packaging, within 14 days following the notification of their decision to withdraw.

Before any return, the Customer must contact the Seller at contact@deelya.com to receive the applicable return procedures.

Return address: CLD, 1223 Voie Christophe Colomb, 73800 Porte-de-Savoie, France.

In case of withdrawal, return shipping costs are borne by the Customer. When DEELYA provides a return label, a flat fee of €4.90 is deducted from the refund.

In case of a non-conforming, defective Product or an error attributable to DEELYA, return shipping costs are borne by DEELYA.

For returns from a country outside the European Union, any costs, taxes, duties or formalities related to the reshipment of the Product may remain the responsibility of the Customer, except in case of a non-conforming Product or an error attributable to DEELYA.

8.4 Refund

The Seller will reimburse the Customer for the amounts due, including the price of the returned Product and the initial standard delivery costs when the entire Order is returned, within 14 days from the recovery of the returned Product or proof of shipment by the Customer, the date taken being the earlier of these events.

When DEELYA provides a return label as part of a withdrawal, the flat fee of €4.90 is deducted from the refund.

Additional costs related to choosing a more expensive delivery method than the standard method offered are not refunded.

The refund is made by the same payment method used during the Order, unless the Customer expressly agrees to another method.

Article 9 — Legal guarantees

9.1 Legal guarantee of conformity

The Seller is obliged to deliver goods in conformity with the contract, in accordance with Articles L.217-1 et seq. of the Consumer Code (in their version resulting from Ordinance No. 2021-1247 of September 29, 2021).

The Customer benefits from a period of two (2) years from the delivery of the Product to act under the guarantee of conformity. For the duration of this period, the Customer does not have to prove that the defect existed at the time of delivery.

In the event of a lack of conformity, the Customer can choose between repairing or replacing the Product, subject to the cost conditions provided by law. If repair or replacement is impossible, the Customer can obtain a price reduction or rescission of the contract.

9.2 Warranty against hidden defects

The Seller is bound by the warranty against hidden defects in accordance with Articles 1641 et seq. of the Civil Code. The Customer can act within two (2) years from the discovery of the defect.

The Customer can choose between rescission of the sale or a price reduction, in accordance with Article 1644 of the Civil Code.

9.3 Implementation of guarantees

For any request under the legal guarantees, the Customer can contact the Seller at contact@deelya.com or by mail to the registered office address.

Article 10 — Liability

The Seller cannot be held liable for the non-performance of the contract in cases of force majeure, disruption, or total or partial strike of postal services or transport and/or communication means, flood, or fire.

The Seller's liability is limited to the amount of the Order concerned.

Article 11 — Personal data

Personal data collected as part of Orders is processed in accordance with Regulation (EU) 2016/679 (GDPR) and amended Law No. 78-17 of January 6, 1978. The processing methods are detailed in the Privacy Policy accessible on the Site.

Article 12 — Intellectual property

All elements of the Site (texts, images, logos, brands, graphic elements) are protected by intellectual property law. Any reproduction, even partial, is prohibited without the prior written consent of the Seller.

Article 13 — Mediation and dispute resolution

In the event of a dispute, the Customer is invited to first contact the Seller to seek an amicable solution.

In accordance with Articles L.612-1 et seq. of the Consumer Code, the consumer Customer has the right to free recourse to a consumer mediator.

Designated mediator: CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice

Website: www.cm2c.net

The Customer can also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

Article 14 — Applicable law and competent jurisdiction

These T&Cs are governed by French law, subject to the mandatory protective provisions applicable to the consumer in their country of residence.

In the event of a dispute, the Customer is invited to first contact the Seller to seek an amicable solution. Failing an amicable resolution or mediation, the competent French courts may be seized, in accordance with the rules of common law.

A consumer residing in a Member State of the European Union may also bring a claim in the courts of their domicile, in accordance with Regulation (EU) No 1215/2012, known as Brussels I recast.

Article 15 — Amendment of the T&Cs

The Seller reserves the right to modify these T&Cs at any time. The applicable T&Cs are those in force on the date of the Order.

Article 16 — Contact

SAS CAP 2030
118 avenue des Charmes, 74140 Sciez-sur-Léman, France
Email: contact@deelya.com
Telephone: 04 50 81 08 99 (Monday to Friday, 9am-5pm)