GENERAL TERMS OF SALE (BtoC)
These General Terms and Conditions of Sale (hereinafter the “GTC“) define the terms and conditions under which DECLAMATUUS, a French limited liability company with a capital of 1,000 euros, registered with the Paris Company Register under number 845 191 329, whose registered office is 42 Avenue Montaigne, 75008 PARIS (hereinafter “DECLAMATUUS“) will allow the Client, acting as a consumer, to Order Products and to use the Site.
1 – Definitions
In the remainder of these GTC and any other contractual documents relating thereto, words whose first letter is a capital letter shall have the following meanings, in both singular and plural:
- “Account“: The Client’s account on the Site, accessible via his login and password, that contains his personal information and his history on the Site.
- “Client“: the client of DECLAMATUUS, who Orders Products on the Site. The Client can also, without limitation, be a concierge service who wants to buy the Product in the name of its own customers.
- “Order” & “Ordered“: any act of ordering Products by the Client from DECLAMATUUS.
- “Personal Data“: personal data provided by the Client.
- “Product(s)”: the products marketed by DECLAMATUUS. They can be personalized on the basis of information provided by the Client during the Order process.
- “Site“: the declamatuus.fr site and its components (computer code, graphic elements, databases, documentation, etc.) published by DECLAMATUUS, as well as any other means of displaying the site (for example a mobile application).
- “Party“: DECLAMATUUS and/or the Client.
The Client is invited to read these GTC carefully, to print them and/or to save them on a durable medium.
2 – Scope and object of the GTC
2.1 – Scope and modification of the GTC
DECLAMATUUS reserves the right to change the GTC at any time by publishing a new version of the GTC on the Site, by notifying the Client by e-mail or at his next connection on the Site.
The Client will be invited to accept the modified GTC.
In the absence of acceptance of the modified GTC, the Client may use his/her right of refusal by deleting his Account on the Site.
The GTC applicable to the use of the Site are those in force at the date of use.
The GTC applicable to an Order are those accepted by the Client at the time of Order.
These GTC are applicable regardless of the Client’s country of origin and country of visit.
The GTC are applicable for the entire duration of use of the Site by the Client.
In the event of translation into another language, the French version shall be deemed of superior value.
2.2 – Object
The Site enables the Client to compose and Order Products from DECLAMATUUS and offers various contents relating to the Products and to the activity of DECLAMATUUS.
2.3 – Acceptance of the GTC
Registration on the Site and its use, as well as any Order, implies that the Client has accepted the GTC in their entirety, without any reservation.
This acceptance will be expressed by ticking the box next to the mention “I acknowledge having read and accepted all the general conditions of the Site” or another equivalent mention, when registering on the Site and before the validation of an Order.
Ticking this box will be deemed to have the same value as a handwritten signature.
2.4 – Legal Capacity
Acceptance of these GTC, use of the Site, and any Order implies that the Client has the necessary legal capacity to do so.
The Client must be a consumer and of legal age. These GTC may also apply to companies acting in the name and on behalf of a consumer, such as concierge services. However, they do not apply to companies acting in their own name, which must place an Order via the professional order process.
If DECLAMATUUS is informed that a Client does not have legal capacity or does not comply with the conditions of registration on the Site, his/her Account may be immediately closed, without notice and without DECLAMATUUS being liable. Any Order placed without legal capacity may also be cancelled under the same conditions.
2.5 – Compliance with laws
The Site complies with French regulations. Consequently, DECLAMATUUS may not be held liable, if a Client located outside French territory consults the Site, or Orders Products, in the event of non-compliance with applicable foreign regulations.
In particular, the Client must be aware of the applicable local and national laws. DECLAMATUUS shall not be held liable in the event of non-compliance with such laws.
3 – Product compliance and characteristics
3.1 – General Terms
DECLAMATUUS sells Products consisting of customized boxes.
These Products may include, without limitation, the following items:
- Lingerie and underwear,
- Sleepwear or sportswear,
- Poem of the Client’s choice from a selection, printed on a door hanger,
- Box bag and its ribbon,
- Gusset papillotes,
- Textile cover(s).
The Client instructs DECLAMATUUS on how to compose the Product, via a questionnaire during the Order process. DECLAMATUUS does not provide any advice and the Client is solely responsible for the choices made while composing the Product. These choices are made by the Client at his own discretion, according to his own needs and expectations.
The purpose of these boxes is to enable a love declaration to be made, without any guarantee of results.
3.2 – Product characteristics
The Products are described by DECLAMATUUS.
DECLAMATUUS describes the actual characteristics of the Products on the basis of the elements at its disposal or provided by its suppliers. However, these may be marginally different to the real Products, which the Client accepts, without this constituting a breach of contract by DECLAMATUUS.
The visual elements (photographs, videos, illustrations) illustrating the Products on the Site are not contractual documents and are only presented for illustration purposes and not for information. They must not be considered by the Client as a determining factor in the Client’s consent to place an Order. DECLAMATUUS shall not be held liable if the Products delivered are not identical in all respects to those presented at the time of the Order.
3.3 – Products Compliance
The Client is invited to read any information attached to the Product or printed on the Product or its packaging, such as precautions of use, or conditions and restrictions of use.
In particular, the Client undertakes to comply with the instructions provided by DECLAMATUUS, especially cleaning advice.
DECLAMATUUS shall not be held liable in the event of Client failure to comply with these instructions, and especially in case of deterioration of the Products due to improper use.
The Client is responsible for ensuring that the Products fit his/her expectations and needs.
DECLAMATUUS ensures that the Products meet applicable standards and comply with laws and regulations applicable to this type of Products.
3.4 – Help Kit
The Client may Order one or more “help” kit(s) to discover the Products. This kit includes a measuring tape, as well as advice on how to take measurements, and textile samples of three (3) creations of the Client’s choice.
However, these samples may vary according to the availability of the different materials.
The purpose of these samples is to enable the Client to become acquainted with the fabrics used by DECLAMATUUS in its Products, and to enable the Client to take the necessary measurements for the subsequent Order of Products.
Any request to send the kit is subject to prior acceptance by DECLAMATUUS. The Order will only be constituted once DECLAMATUUS has agreed to it.
The Client is not obliged to Order Products at a later date.
The price of the kit will be indicated at the time of the Order.
This price will be deductible from the subsequent Order for Products, via a promotional code sent by DECLAMATUUS.
4 – Products availability
DECLAMATUUS will inform the Client of the Product availability prior to the Order, and especially whether the Product is in stock or unavailable.
As these Products are personalized, they are only available in limited quantities.
In the event of unforeseen unavailability of the Products, DECLAMATUUS will inform the Client, who will have the possibility to modify his Order, or to cancel his Order and obtain a refund of the unavailable Products, on the payment method used at the time of the Order. This refund will be processed within fourteen (14) days after the Client’s request of reimbursement.
5 – Delivery
5.1 – Terms and Conditions of Delivery
The delivery terms will be indicated on the Site, and at the time of the Order.
The delivery times will also be indicated.
The Client can choose the provider who will deliver the Order.
5.2 – Delivery Fees
Delivery costs are not billed additionally to the Client and are borne by DECLAMATUUS.
5.3 – Location of Delivery
Orders can be shipped to the following countries:
- United Kingdom
Order are delivered at the address provided by the Client upon Order. The Client must ensure that he has not made a mistake when provided the delivery address.
The Client must provide the first name, surname, address and telephone number of the person who will receive the order.
If the Client chooses to have the Order delivered to a third party, the Client shall ensure that it has the party’s authorization to do so. DECLAMATUUS shall not be liable if the third party has not given its prior authorization.
5.4 – Delivery Time
DECLAMATUUS will provide its best efforts to deliver the Products within the time limit indicated on the Order. However, the delivery estimation may vary according to the constraints of DECLAMATUUS and its suppliers.
The Client will be notified by DECLAMATUUS of the date of dispatch of the Order. It is the Client’s responsibility to ensure that the Order can be received by him/her or any person present at his delivery address.
If the delay is more than thirty (30) days from the initial scheduled date, the Client may cancel his Order in compliance with Article L138-2 of the French Consumer Code. A refund of the amount paid for the undelivered Product and shipping costs will then be made.
5.5 – Customs
In the event of delivery of a Product outside the territory of the European Union and the French Overseas Departments and Territories, the Client declares itself the importer of the Product and is responsible for the payment of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Any tax not indicated during the ordering process may be charged to the Client by the country of receipt, in accordance with the legislation applicable in the Client’s country.
DECLAMATUUS cannot be held responsible if the parcel is blocked or seized by the customs of the country in which the Product is to be delivered, as well as for any payment of additional duties or taxes.
5.6 – Transfer of ownership and risks
Ownership of the Products is transferred when the Client has fully paid his/her order.
Delivery may be made to the Client or to any person present at the address indicated at the time of delivery.
Any risk of loss, theft or damage of the Product(s) is transferred to the Client at the time of signature of the delivery receipt by the Client, or by the person present at his/her address at the time of delivery.
5.7 – Refusal of Parcels
The Client or the person receiving the Order may refuse the parcel at the time of delivery if (s)he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, damaged Product…).
Any anomaly must then be handwritten on the delivery slip, accompanied by the signature of the Client or the person receiving the Order.
To exercise his right of refusal, the Client or the person receiving the Order must open the damaged or defective parcel(s) in the presence of the carrier and have them take back the damaged goods. If the carrier fails to take back the package, the Client must imperatively send any reservations to DECLAMATUUS at the latest three (3) days from delivery. These reservations must be accompanied by a description of the problem and clear photographs that enable DECLAMATUUS to carry out the necessary checks and to contact its carrier.
Failure to comply with these requirements will prevent the Client from exercising his right of refusal, and DECLAMATUUS will not be obliged to accede to the Client’s request.
If the Client’s parcel is returned to DECLAMATUUS, DECLAMATUUS will contact the Client upon receipt of the returned parcel to ask the Client for instructions on next steps.
If DECLAMATUUS or the person receiving the Order has refused the parcel by mistake, it may request that it be returned by paying the delivery fees for the new shipment beforehand. Delivery fees must be paid by the Client.
5.8 – Parcel Return
In the event that the parcel is returned to DECLAMATUUS, for any reason whatsoever, due to the fault of the Client (in particular in case of an incomplete delivery address, failure to retrieve the parcel, a missing note on the letterbox, etc.), the reshipment of the Products will be subject to the Client paying new delivery charges.
The Products will only be reshipped once DECLAMATUUS has received full payment of the new delivery charges.
5.9 – Loss by the Carrier
DECLAMATUUS may not be held liable for indirect or immaterial damages and prejudice, regardless of the cause, due to the loss or damage of the Client’s shipment by the carrier, nor for the direct or indirect pecuniary consequences resulting therefrom.
6 – Warranty
The Products sold by DECLAMATUUS are provided under the legal warranties of articles 1641 to 1649 of the French Civil Code (guarantee against hidden defects), and articles L217-4 et seq. of the Consumer Code (guarantee of conformity).
In order to active these warranties, the Client must notify DECLAMATUUS of Product defects, including a detailed explanation of the problem encountered.
If such warranties may apply, the Client may then, at his choice or at the choice of the final customer:
- Either receive a Product of equivalent quality and price, if such a Product is available.
- Or be reimbursed the price of the Product ordered within fourteen (14) days following confirmation of the defect by DECLAMATUUS.
The Client can use this warranty for a period of two (2) years from the date of Order.
This warranty is also excluded if the Product has been used by the Client in a manner that does not comply with the precautions of use and instructions provided by DECLAMATUUS.
The costs of delivery of a new Product will be borne by DECLAMATUUS.
If the Client wants to use this warranty, he must contact Client service at the e-mail address given in these GTC.
DECLAMATUUS will then inform the Client of the return procedure and, where applicable, the refund of the Product.
7 – Orders
7.1 – Order Method
The Client may place an Order for Products on the Site or by any other method offered by DECLAMATUUS.
Prior to his first Order on the Site, the Client must create an Account.
7.2 – Steps of the Order
The steps of the Order on the Site are as follows:
- Creation of an Account by the Client if it is his/her first Order or log in to his Account if it already exists;
- Creation of the personalized Product by the Client, by answering questions on the Site, and by following the Order process;
- Placing the Product in the shopping cart;
- Validation of the shopping cart by clicking on the validation button;
- Provision of Client’s information as well as delivery information for the Products;
- Choice of delivery process;
- Choice of payment method for the Order and providing billing information;
- If applicable, provision of the test kit Order reference for price deduction;
- Display of the Order summary (articles, price, delivery method, payment method) for final validation;
- Acknowledgement and validation of the GCS by the Client;
- Validation of the Order, with a mention that the Order creates an obligation to pay;
- Dispatch of an Order confirmation e-mail to the Client by DECLAMATUUS, upon receiving payment from the Client, that summarize the entire Order and specify the delivery terms.
The Order is constituted upon receipt of payment from the Client by DECLAMATUUS.
The contact details and information provided by the Client must be up to date and real. If this is not the case, DECLAMATUUS cannot be held responsible in the event of delivery difficulties or errors on the part of the Client.
7.3 – Order Mistake
DECLAMATUUS shall in no way be held responsible for any error made when choosing the Product (such as in size, color, model of Product, accessories), for any typing errors made by the Client when placing the Order (such as the address), or for any other information supplied that may be erroneous, nor for any consequences resulting therefrom, notably delays or errors in delivery. If DECLAMATUUS accepts, on a strictly commercial basis, to reship the Order, the costs of reshipment will be borne by the Client.
7.4 – Refusal of the Order
DECLAMATUUS reserves the right to refuse any Order for legitimate reasons, such as payment problems, delivery problems following the provision of incomplete and/or inaccurate information by the Client, abnormally high Orders compared to Orders usually placed by the Client or Orders placed in bad faith.
7.5 – Archival
DECLAMATUUS will archive the Orders and invoices on a reliable and durable support constituting a faithful copy. Digital records shall be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.
8 – Exchange
Due to the nature of the Products, the Orders are non-exchangeable and non-refundable, except in the case of hidden defects or application of the warranty of conformity.
9 – Price and payment terms
9.1 – Price
Unless otherwise stated in writing, the prices listed on the Site are prices in euros with taxes, including VAT applicable on the day of the Order.
DECLAMATUUS reserves the right to pass on any change in the VAT rate to the price of the Products.
DECLAMATUUS also reserves the right to change its prices at any time. Nevertheless, the price indicated on the day of the Order will be the only price applicable to the Client.
9.2 – Payment Terms
The Client may pay by credit card, or by any other means offered by DECLAMATUUS. The Client warrants that he is the holder of the payment method used to pay for the Order and that (s)he has sufficient funds to cover the payment of his Order in full.
Unless specifically agreed by DECLAMATUUS, the Order will not be considered to have been final until payment has been received in full by DECLAMATUUS.
The payment will be debited at the time of validation of the Order by the Client.
If it is impossible to debit or collect the sums due in payment for the Order, for whatever reason, the Order may be cancelled, without prejudice of the damages that DECLAMATUUS may claim to compensate for its loss.
Payments by credit card are made via secure transactions provided by a payment service provider that complies with industry standards.
DECLAMATUUS does not have access to any data relating to the Client’s payment method, with the exception of the last digits of the Client’s credit card. Payment is made directly in the hands of the bank or payment service provider receiving the Client’s payment.
9.3 – Late Payment
Any late payment may cause the invoicing of late payment penalties without any prior formal notice. The rate of these penalties is equal to three times the legal interest rate and is applicable from the first day of delay. A sum of forty (40) euros may also be invoiced for collection costs.
The invoicing of late payment interest and administrative collection costs does not prohibit DECLAMATUUS, at its discretion, from taking legal action to obtain additional damages.
In the event of a payment incident, DECLAMATUUS reserves the right to cancel the Order immediately and without formal notice, without the Client being able to claim any compensation or hold DECLAMATUUS liable.
10 – Retraction
Article L221-28 of the French Consumer Code stipulates that the right of withdrawal does not apply to “goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection” and to goods “made to the consumer’s specifications or clearly personalized“.
The Products are composed and personalized by the Client, based on his choices during the Order process, and contain underwear, which cannot be returned for reasons of hygiene.
The Client may not retract his Order. The Client shall be informed of this, prior to the Order.
11 – Customer Service
Customer service can be reached by e-mail at the following address: firstname.lastname@example.org, or by phone at: 00 33 (0)1 72 74 12 97
12 – Liability
12.1 – General Terms
DECLAMATUUS may not be held liable for any direct or indirect damage resulting from the Client’s visit on the Site or a third party to the Site, or from the use or inability to use the Site.
This limitation of liability applies to any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of chance.
DECLAMATUUS will also not be liable for damage caused by malicious software, viruses or by any inaccuracy or omission of information on the Site, unless the damage results from a deliberate act or gross negligence on the part of DECLAMATUUS.
12.2 – Sale of Products
DECLAMATUUS will only be liable for direct damage caused to the Client, in connection with the sale of Products.
DECLAMATUUS will not be liable for any damage caused to the Client, due to using the Product in a manner that is not compliant with the instructions given by DECLAMATUUS, or not that does not comply with standard uses of the Product.
DECLAMATUUS shall in no case be held liable for indirect damage caused to the Client, in connection with the sale of Products.
This limitation of liability applies to any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of chance.
DECLAMATUUS only provides a Product personalized according to the Client’s specifications. The Client is responsible for personalizing the Product according to his/her own choices, without DECLAMATUUS bearing any obligation of advice or results.
DECLAMATUUS’ only obligation is to provide a Product that complies with the specifications indicated on the Site and at the time of the Order, without any other obligation, which the Client accepts.
Furthermore, DECLAMATUUS shall not be held liable if the third party who receives the Product welcomes or rejects the Client’s Order.
In all cases, the DECLAMATUUS’ liability for any damage suffered by the Client, due to Ordering Products, may not exceed the value of said Order.
13 – Site and Accounts
13.1 – Site
The Site is freely accessible and free to use for any Client.
Each Client may only create one Account on the Site.
Access to the Site may be restricted at any time to allow maintenance, repair or updating of the Site.
DECLAMATUUS does not have any obligation of quality of service for its Site and will provide its best efforts to ensure that it is accessible.
DECLAMATUUS ensures the secure use of the Site. However, given the nature of the Internet, DECLAMATUUS cannot guarantee absolute security of the Site and is only bound by an obligation of means.
13.2 – Contents of the Site
The contents of the Site are created by DECLAMATUUS or its partners.
They are provided for information purposes only and do not hold DECLAMATUUS liable in any way whatsoever.
DECLAMATUUS shall not be held liable in any way whatsoever if the Client takes any action on the basis of the content of the Site.
13.3 – Login and Password
The Client will create an Account, by choosing his login (email address) and a password.
The Client must also provide the information necessary for the proper performance of its obligations by DECLAMATUUS.
This Account will be used by the Client to access his private area on the Site and to place Orders.
The Client must provide a strong and sufficiently complex password. DECLAMATUUS will not be liable if the Account is accessed by a third party, by a brute force attack.
13.4 – Account Usage
The Client is responsible for the security and use of his Account login and password. The Client must especially ensure that these are used in accordance with these GTC.
DECLAMATUUS will not be liable in the event of unauthorized use of the Account by a third party and will not be liable in the event of damage caused by such use.
If the Client notices that his Account is compromised or used without authorization, or any other security flaw related to his Account, he must inform DECLAMATUUS as soon as possible.
DECLAMATUUS will not be liable if it is impossible for the Client to access the Site.
However, DECLAMATUUS may, at any time, close and delete the Account without having to warn the Client, in the event of a breach of the stipulations of these GTC, without any compensation being due to the Client, and without DECLAMATUUS being held liable. However, DECLAMATUUS may hold the Client liable and claim damages if the Client has not complied with these GTC.
13.5 – Security
The Client undertakes not to act in the following manner, without this list being exhaustive:
- Act in a way that could compromise the operation of the Site,
- Attempt to access a third party’s Account,
- Attempt to access the servers (outside normal use of the Site) or computers on the DECLAMATUUS network,
- Attempting to upload viruses, Trojan horses, or any other invasive or illegal programs to the Site or its servers,
- Extract data from the Site without prior written authorization from DECLAMATUUS,
- Use the Site in an illegal manner or in violation of these GTC or any applicable law.
13.6 – Account Data
The Client must provide real information on his Account, which is used by DECLAMATUUS to perform its contractual obligations.
As stipulated in Article “Personal Data”, the Client may also request the deletion of his Account, in compliance with his right of access and rectification under GDPR. In this case, the Client’s data will be deleted by DECLAMATUUS.
14 – Intellectual Property
The texts, images, domain names, trademarks, designs, models, patents, software, databases, used on the Site, as well as the Products, are:
- the property of DECLAMATUUS, or;
- where applicable, the property of a third party having provided a user license to DECLAMATUUS.
These elements are protected worldwide.
The present GTC do not grant any intellectual property rights to the Client, who may not reproduce any of the elements of the Site, either partially or totally, without the prior written agreement of DECLAMATUUS.
The Client only has the right to copy the visuals of the Products and the “DECLAMATUUS” brand, as well as any communication medium sent to him by DECLAMATUUS, without any other use.
Any partial or total reproduction of these elements may constitute an infringement. DECLAMATUUS reserves the right to take any action that may be necessary to enforce its rights and make good its prejudice.
15 – Personal Data
16 – General Clauses
16.1 – Mediation
In compliance with the provisions of articles L612-1 and following of the French Consumer Code, the Client, a consumer, has the possibility, in case of dispute with DECLAMATUUS, to freely use the DEVIGNY médiation service, if no response has been given to his request to DECLAMATUUS’ customer service after a reasonable period of one (1) month:
- online: www.devignymediation.fr
- by mail: email@example.com
The Client, as a consumer, remains free to use or not use mediation and, if he uses it, each Party is free to accept or refuse the solution proposed by the mediator.
16.2 – Entire Agreement
The present GTC prevail over any other stipulation potentially applicable to the relationship between DECLAMATUUS and the Client. These GTC cancel and replace any previous engagement of the Parties relating to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter hereof.
16.3 – Exclusivity
No exclusivity is concluded between the Parties by the acceptance of these GTC. The Parties remain free to contract with third parties of their choice.
16.4 – Survival
The termination of these GTC, for any reason whatsoever, shall not apply to clauses whose nature or content require their maintenance.
16.5 – Severability
If one or more stipulations of these GTC is/are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, it/they shall be deemed to be unwritten. The other stipulations will retain their full force and scope.
16.6 – Non-Waiver and Tolerance
The fact that DECLAMATUUS does not claim from the other Party a breach of any of the obligations referred to in these GTC cannot be interpreted for the future as a waiver of the obligation in question and does not have the effect of granting the other Party acquired rights.
A default or delay in the exercise of a right by DECLAMATUUS may not be interpreted as a waiver of that right.
16.7 – Independence
Neither Party may make a commitment in the name and/or on behalf of the other. Furthermore, each Party shall remain solely responsible for its acts, allegations, undertakings, services, products and personnel.
16.8 – Proof
The Parties agree that all electronic communications, including e-mail, shall have value of proof between them.
In particular, the Client acknowledges that DECLAMATUUS’ automatic recording systems will have value of proof, and, unless it can prove that they have been tempered with, waives the right to contest them in the event of a dispute.
16.9 – Force Majeure
Under the present GTC, DECLAMATUUS will not be held liable in case of failure to execute its obligations due to any event of force majeure.
For the purposes of these GTC, force majeure is understood as any unforeseeable, irresistible event external to the Parties as understood under French law and jurisprudence.
In the event of the occurrence of an event of force majeure, the obligations of DECLAMATUUS will be suspended. DECLAMATUUS will do its best to limit the consequences and resume the execution of the GTC as soon as the event or circumstances of force majeure disappear or cease.
16.10 – Applicable Law and Jurisdiction
The present contract is governed by French law, regardless of the country of origin of the Client.
The GTC are written in English, but the French version shall be of superior value.
Any dispute relating to the execution or interpretation of these GTC, not amicably resolved between the Parties, will be submitted to the competent court of the registered office of DECLAMATUUS, including in matters of summary proceedings, appeal in warranty or multiple defendants, and whatever the country of origin of the Client.