General Terms and Conditions of use and sale

 

Article 1. Purpose of Deenchic

1.1 Names

DEENCHIC will be hereafter designated by “DEENCHIC”, “us”, “our”, “the website”. The company is registered under the number 81762657500010 in Nice, France.
The buyer, customer, he, designated the second party, the adult consumer (male or female above 18 years old) visiting the website and purchasing a product or service from it for personal use and not for any commercial, industrial, craft, liberal or agricultural activity. The buyer resides in one of the countries in which DEENCHIC delivers.

1.2 Operator

The DEENCHIC website www.deenchic.com is operated by Shopify Inc. that provides the platform that allows Deenchic to propose its products and services.

1.3 Purpose

These General Terms and Conditions purpose is to define precisely the rights and obligations of the different parties concerned by ordering products and services via this website.

1.4 Acceptance of the General Terms and Conditions 

There is no agreement between the customer, the buyer and DEENCHIC until an order has been accepted, processed and confirmed by an email.
The buyer is considered having fully accepted these General Terms and Conditions by clicking in the box at checkout.
The contract will be automatically terminated in case of :
  • Use of the products for any illegal and unauthorized purpose
  • Violation of any law in the buyer’s jurisdiction among which copyright laws
  • Transmission of worms or viruses or any code intended to destroy, alter the website’s service.
       

      Article 2. The Website

      2.1 Service level

      DEENCHIC will make its best effort to make the Website available 24/7 except in case of force majeure.
      DEENCHIC’s responsibility will be limited to its connection points due the complexity of the Internet, the fact that the website is powered by Shopify, various networks capacities, surge in use of the website at certain times, bottlenecks over which DEENCHIC has no control.
      DEENCHIC can limit or suspend the access to the Website for maintenance or upgrade. DEENCHIC will inform the users in advance.
      Users agrees that the service level warranty does not cover any breakdown or interruption of access to the Website platform Shopify, telecom operators or Internet and mobile Web access providers.

      2.2 Registration

      To place an order the buyer much register on the Website at the latest after having chosen its products.
      The buyer engages himself to fill in the form with accurate and honest information in particular the mandatory information. In case of inaccurate or false information the buyer will solely bear the consequences.
      The account opened in the name of the buyer will remain opened and accessible at any time via a login and password chosen by the buyer. The buyer will be able to manage, track his orders and update his information.

      2.3 Third-party links, materials and tools

      DEENCHIC may put available on the Website some third-parties’ links, materials and tools.
      DEENCHIC has no power nor control over, third-parties’ websites, tools and materials so will have no liability regarding them.
      Please make sure to understand the terms and conditions of those third-parties before using them. In case of disagreement with or harm from third parties’ content, products or services, please address your questions, concerns, claims, complaints directly to those third-parties.

      2.4 User comments, testimonials and other photo/video submissions

      The buyer may submit to Deenchic some materials and comments upon DEENCHIC’s request or not.
      DEENCHIC, with no restriction and without financial or physical compensation, has the right to : monitor, edit, copy, publish, distribute, translate in any medium and remove from any medium.
      The buyer is agreeing to submit materials and texts that are free from any unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, abusive contents and free from any computer virus, trojan and other malware that could affect the service of the Website or any other third-parties’ website.
      DEENCHIC has no responsibility over the buyer’s comments, testimonials and the buyer is solely responsible of the accuracy of his contents and will bear alone the consequences of what he has submitted.

      2.5 Products

      DEENCHIC provides for each product a photograph and a description of the main characteristics. These descriptive elements are not contractual and the buyer agrees to this statement.
      DEENCHIC can not guarantee the accuracy of the display of its products in terms of colors and images on the buyer’s device or computer. Some variations may occur. DEENCHIC in this respect will make an effort to describe the best possible way.
      DEENCHIC does not guarantee that the products and services will meet your expectations or the errors identified will be corrected.
      DEENCHIC reserves the right, even though not obliged to do so, to:
      • Limit the quantities of its products and services
      • Limit the quantities of its products and services to any person, region of the world
      • Change products descriptions and pricing without notice
      • Discontinue a product at any time.
      Some products are handcrafted so some variations in color, sizes may occur compare to the photographs on the website. These variations won’t be considered as irregularities but as part of “the charm” of handmade products.
       

      2.6 Pricing

      The prices on the website will be indicated in euros including French VAT but excluding shipping costs and customs and duties and any other taxes.
      Prices are only valid on the day of the order and are firm without a discount, rebate or reimbursement which will be specifically indicated.
      Shipping cost and other details will be calculated and indicated during the buyer’s checkout.
      Customs and duties and any other taxes must be paid by the buyer directly to the carrier in many cases. The amount will be communicated by the carrier directly to the buyer.

      2.7 Orders

      To order, the buyer click on image, select its preferences when possible and validate his basket to proceed with the payment. Once the payment has been made the buyer will receive a confirmation by email within 24-48 hours.
      The buyer must make sure to have the necessary funds before undertaking this purchase. Otherwise DEENCHIC won’t be able to deliver the product and will be entitled in case of non-payment to cancel the order or delivery.
      DEENCHIC has the right to right to cancel an order from buyers concerned with previous disputes.

      2.8 Availability

      The sale of the products can be done only if they are available. After confirmation of the order by email DEENCHIC will confirm its availability.
      In case of temporary unavailability, DEENCHIC will not be considered liable nor have to pay compensations or damages in favour of the buyer. DEENCHIC will communicate the new availability date as soon as possible to the buyer. The buyer is of course free to cancel his order.
      In case of permanent unavailability, DEENCHIC will automatically cancel the order and refund the buyer in the limit of thirty days (30) after the initial payment. DEENCHIC will not be considered liable nor have to pay compensations or damages in favour of the buyer.
       

      Article 3. Payment

      Payments are secured by Shopify. The buyer can pay by credit card Visa, Mastercard, Paypal, Apple pay and Google pay on the website. Visa, Mastercard, Paypal and others are the Payment Service Provider.
      At the moment of the payment the contract is between the buyer and the Payment Service Provider. The buyer thus accepts their terms and conditions. The Payment Service Provider retains the buyer’s details. DEENCHIC does not retains buyer’s bank details.
      In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment with a bank card is irrevocable. Once the Buyer provides its bank details, he authorizes DEENCHIC to debit their credit card by the amount corresponding to the price.
      In case of the payment is not validated, the order will be automatically cancelled.
       

      Article 4. Discounts and gift cards

      4.1 Promotional discounts and offers

      Sales and promotional discounts will be broadcasted and new discounted price clearly identified as well as the expiration dates. Discount codes can not be used in addition to other existing promotions, offers and sale items.
      Promotional discounts are restricted to one per buyer account.
      If the buyer is offered a 20 euros discount on the first 100 euros spent on the website. The 100 euros will be taken into account on full price items only. If the buyer returns one item among several products that benefited from that special offer, he will be refunded the full price of the item minus the proportional amount of the 20 euros discount allocated to that item.

      4.2 Gift cards

      DEENCHIC’s gift cards are all virtual, digital cards, also called e-cards.
      Gift cards are proposed with different amounts and the expiration dates are clearly exposed in the gift card product description. The buyer receives an email with the code to use to benefit from the gift card. He can send it to any person he wants to treat.
      In general, seasonal gift cards such as Ramadan and Eid gift cards will be valid only until the end of the current year whereas general gift cards will be valid one year until the purchase date anniversary.
      In case of the return of a product that was paid with a gift card, a new gift card of the amount of the price of the product returned will be issued.
       

      Article 5. Postage and delivery

      5.1 Delivery timeframes

      Once the payment has been confirmed, DEENCHIC proceeds to deliver the product purchased. Delivery is first subject to availability. Then, DEENCHIC ‘s liability ends when the parcel is delivered to the transportation company, the carrier.
      DEENCHIC is not responsible of any loss, late delivery, missing parcels if the address submitted by the buyer was not correct, as carrier’s actions are beyond DEENCHIC’s control and responsibility.
      DEENCHIC remains available to help the buyer in case of issues with his delivery by contacting us by email info@deenchic.com.
      The buyer’s first obligation is, when the products delivered, to verify that the products received comply with the ones ordered. If one or more do not comply or are missing, the buyer must inform DEENCHIC within two days (2) of the delivery date of the order : info@deenchic.com and provide full details of their complaint. Beyond those two days the delivery will be considered as compliant with the order.
      In case of complaint under the statutory warranty of compliance first inform DEENCHIC by email :
      • The buyer has 2 years to act from delivery date
      • The complaint can’t be about a defect the buyer already knew about or couldn’t ignore when purchasing the product
      • The buyer can have the product repaired or replaced according the Article L.217.9 of the French Consumer Code
      • The buyer can have the purchase cancelled or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
      Any orders refused by customers upon delivery will be subject to return handling fees.
      Any orders returned due to customs costs will be subject to return handling fees.
      Any orders returned due to items not picked up in a timely manner will be subject to return handling fees.
      The restocking / handling fee will be of 8€ in case items were returned due to wrong address provided during checking out or refused at delivery or items not picked up in a timely manner, plus any additional fee charged by the carrier for returning the parcel.

      5.2 Click and Collect

      The Buyer can choose to collect his order from DEENCHIC located in Lyon, by selecting the click & collect delivery option. The full address will be provided by email or message on his phone with his appointment. In this case, shipping costs do not apply. The Buyer will be informed by email that their order is available and will have a period of 14 (fourteen) calendar days from the date the email is sent to collect his order. The Buyer must take his ID and order confirmation with him.

      5.3 Rates

      To date, the estimated shipping costs are as follows.
      Low-cost shipping for a Standard delivery starts at 3,92€ for stickers and very light and small items, around 4,90€ for France and Belgium, Keep in mind that books are heavier so most of them will have a shipping cost around 8-9€ such for 1 Quran for example.
      The average cost for Europe turns around 15-20€ and around 25-50€ for International shipping. Additional charges may apply on oversized items and remote locations. Please use the automated shipping estimation tool available at checkout for more accuracy.

      5.4 UK- United Kingdom

      18-22€ for UK since Brexit. Any additional charge from carriers will be notified to the buyer. The buyer is reminded that the Brexit changed the shipping modalities in direction of the United Kingdom. Now, UK citizen have to pay taxes on all their purchases from Europe. When the parcel will be delivered as it is already the case for items from the USA or any other foreign country, the new UK VAT will be applied by UK customs on all incoming goods. Policies might change during the coming months. The buyer is invited to check regularly the FAQs and Terms and Conditions on the Website for updates.
      Do not hesitate to email DEENCHIC first : info@deenchic.com.

      5.5 Delivery areas

      DEENCHIC delivers worldwide.
      For Europe the buyer has the choice between Colissimo International, Mondial Relay for some countries only, and UPS.
      Depending on the customs on both arrival and departure countries, packages can be delayed a few days longer than estimated shipping times.

      A tracking number will be provided, please check in the carrier’s website or your respective country's postal service tracking with the same tracking number.
      It is the responsibility of the customer to pay all his country’s local customs, tariffs, duties and taxes upon receiving the order (mainly non-EU countries). We have no means of action for jurisdictions outside France and Europe.
       

      Article 6. Refunds, exchanges, right of withdrawal

      6.1 Refund conditions

      The buyer can execute his right of withdrawal for a period of 14 days from receipt of their order otherwise the return will be cancelled and the buyer will have to keep the items.
      Products will be sent back in their original packaging, original condition, labelled, with a copy of the invoice and the delivery note.

      6.2 Refund procedure

      First the buyer must send an email to DEENCHIC at the following address : info@deenchic.com.
      The return request will be validated by DEENCHIC. The buyer will receive an email recalling the procedure.
      The risk of the return is supported by the buyer. DEENCHIC suggests to the buyer to use registered post or with additional insurance in the event of loss or theft. The buyer must keep all proof of return. The shipping costs will be supported by the buyer except if there one an error from DEENCHIC. In that case the buyer will send the carrier’s invoice to DEENCHIC to obtain compensation.
      The product will be refunded within a maximum of 14 days after reception of the returned items.
      The amount will correspond to the purchase price of the items minus the delivery costs in the case of personal decision of withdrawal.
      The amount will correspond to the purchase price of the items plus the delivery costs in the case of an error from DEENCHIC, based on the standard shipping method. The amount should be refunded using the same method of payment as for the purchase or may propose a gift card instead of an exchange or reimbursement.
      If the above conditions are missing DEENCHIC will not issue the refund for the products concerned by the request.
       

      Article 7. Intellectual Property 

      Users agrees and accept that the brand, logo, graphics, design, illustrations, photographs, images, sounds, videos or any other figurative element contained on the website, content, databases, are the exclusive intellectual property of DEENCHIC and its partners.
      Shopify owns the technical components of the Website.
      Users must request written authorization to DEENCHIC in order to use any hypertext link allowing access to the website, its pages or elements, also to copy, extract, decrypt, decompile, disassemble, reproduce, represent, disseminate any element of the website.
      According to the Article L.112-3 of the French Intellectual Property Code, DEENCHIC has right to the database of the accounts created by all Buyers.

      Article 8. Force Majeure

      If a force majeure event occurs, as defined in Article 1218 of the French Civil Code and French case law, including in particular a total or partial strike internal or external to DEENCHIC, a fire, a natural disaster, a state of war, a pandemic, a total or partial interruption or blocking of telecommunications or electricity networks, a malicious computer virus, that prevents DEENCHIC and its suppliers and partners to delay, restrict, render its obligations, DEENCHIC will not be considered liable.
      The concerned party must issue if necessary, a registered letter with acknowledgement of receipt within 15 business days.
      The suspension of the service must not exceed 3 months. If the force majeure continues beyond that limit, the contracts between DEENCHIC and the buyers must be automatically terminated by sending a registered letter with acknowledgement of receipt without compensation.
       

      Article 9. Competent Jurisdiction, dispute resolution

      9.1 Legal jurisdiction governing these terms and conditions

      These General Terms and Conditions are subject to French Law in particular the Consumer Code.

      9.2 Legal dispute ending up in court

      In case of dispute, first the buyer must contact DEENCHIC’s customer service department by email info@deenchic.com. If both parties do not find an agreement within a period of two months, the buyer may contact a mediator, with no obligation, who will attempt to bring both parties reaching an amicable solution.
      The solution proposed by the mediator can be accepted or refused.
      In case the solution is refused by one or both parties, the first party to act can refer the case to the court of Nice in France that will have exclusive jurisdiction to rule them, unless they are mandatory procedural rules to the contrary.