Updated: 22/12/2021.

  These general terms and conditions of sale (hereinafter, referred to as the "GTC") apply to Orders placed through the online merchandising sales service offered by the Company through e-boutiques created by artists and designers and which can be consulted from their personal pages and/or dedicated websites (hereinafter, the "Service").

1 - DEFINITIONS

"Customer": a natural person registered on the Service and proceeding to the online purchase of Product(s), aged at least 18 (eighteen) years or, failing that, committing to obtain, prior to his/her registration to the Service, the authorization of his/her parents or his/her guardian exercising parental authority.

"Order" means any purchase of Product(s) made from the Service by a Customer. The Order shall be deemed to have been placed upon completion of payment by the Customer.

"Customer Account": account created by a Customer from the Service and allowing him/her to access his/her identification data, to follow his/her Orders and to consult his/her payment history.

"Company": DIFY GROUP, Z.I DE BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, SAS with a capital of 339.169 Euros, registered in the Rennes Trade and Companies Register under the number 492 539 523, intra-community VAT number: FR24492539523, represented by its President, Mr. Emmanuel LEBARBIER The Company can be contacted by mail at the address mentioned above or by email at the following address: support@difygroup.com.

"Products": physical merchandising products (such as clothing, books, stationery products, goodies, etc.) reproducing content related to a group, an artist, a creator or a brand, as well as any physical recording medium such as CDs or DVDs and/or any other type of product that the Company may market on the Service.

"Customer Service" or "Service": service made available to the Customer by the Company from Monday to Friday from 9:00 a.m. to 5:00 p.m. allowing the creation of a Customer Account as well as the processing, via the "Order Details" section of their Customer Account, or via the Help Center https://support.difygroup.com/ or by mail at the following address Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, of any possible complaints from Customers


2 - PURPOSE OF THE GCV

The present GTCS determine the rights and obligations of the Company and the Customer within the framework of the online sale of the Products offered by the Company.


3 - APPLICATION OF THE GCV

These GTC come into force as soon as the Client places an Order in accordance with the conditions set out in article 5 below. The Customer undertakes to consult and validate these GTC before placing any Order by checking the appropriate box in accordance with article 5.2.

These GTC shall govern the sale of Products through the Company's Internet site and shall form an integral part of the contract between the Company and the Client. They are fully enforceable against the Client who has accepted them before placing the Order.

These GTC, which the Company reserves the right to modify at any time by publishing a new version on its website, shall prevail, except in the case of special conditions issued by the Company, over all other documents or conditions, which the Client expressly declares that it knows and accepts, without restriction or reservation. Only the version of the GTC that is online at the time the Client places the Order, in accordance with Article 5.2, shall apply between the Company and the Client.

The Client acknowledges that it has received the necessary advice and information to ensure that the offer is suitable for its needs.

The Client declares that he/she is legally capable of contracting under French law or that he/she is validly representing the individual or legal entity for which he/she is contracting.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.


4 - CREATION OF A CUSTOMER ACCOUNT

4.1 Access to the Service requires the Client's prior registration using the form made available to him/her when he/she first connects to the Service to place an Order, or the prior creation of a Client Account.

As part of the registration process, the Client shall provide the Company with the following identification information

Last name / First name
Company name (if applicable)
E-mail
Delivery address / Billing address
Password
Username

4.2 All duly completed registration applications are sent to the Company, which acknowledges receipt by e-mail and enables the activation of a Client Account.

4.3 The Client is solely responsible for the confidentiality of its password and identifier as well as any Order placed through its Client Account. The Customer also undertakes to ensure that the information provided as part of the registration process is accurate, complete and regularly updated in the Customer Account.

Translated with www.DeepL.com/Translator (free version)1 - DEFINITIONS

"Customer": a natural person registered on the Service and proceeding to the online purchase of Product(s), aged at least 18 (eighteen) years or, failing that, committing to obtain, prior to his/her registration to the Service, the authorization of his/her parents or his/her guardian exercising parental authority.

"Order" means any purchase of Product(s) made from the Service by a Customer. The Order shall be deemed to have been placed upon completion of payment by the Customer.

"Customer Account": account created by a Customer from the Service and allowing him/her to access his/her identification data, to follow his/her Orders and to consult his/her payment history.

"Company": DIFY GROUP, Z.I DE BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, SAS with a capital of 339.169 Euros, registered in the Rennes Trade and Companies Register under the number 492 539 523, intra-community VAT number: FR24492539523, represented by its President, Mr. Emmanuel LEBARBIER The Company can be contacted by mail at the address mentioned above or by email at the following address: support@difygroup.com.

"Products": physical merchandising products (such as clothing, books, stationery products, goodies, etc.) reproducing content related to a group, an artist, a creator or a brand, as well as any physical recording medium such as CDs or DVDs and/or any other type of product that the Company may market on the Service.

"Customer Service" or "Service": service made available to the Customer by the Company from Monday to Friday from 9:00 a.m. to 5:00 p.m. allowing the creation of a Customer Account as well as the processing, via the "Order Details" section of their Customer Account, or via the Help Center https://support.difygroup.com/ or by mail at the following address Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, of any possible complaints from Customers


2 - PURPOSE OF THE GCV

The present GTCS determine the rights and obligations of the Company and the Customer within the framework of the online sale of the Products offered by the Company.


3 - APPLICATION OF THE GCV

These GTC come into force as soon as the Client places an Order in accordance with the conditions set out in article 5 below. The Customer undertakes to consult and validate these GTC before placing any Order by checking the appropriate box in accordance with article 5.2.

These GTC shall govern the sale of Products through the Company's Internet site and shall form an integral part of the contract between the Company and the Client. They are fully enforceable against the Client who has accepted them before placing the Order.

These GTC, which the Company reserves the right to modify at any time by publishing a new version on its website, shall prevail, except in the case of special conditions issued by the Company, over all other documents or conditions, which the Client expressly declares that it knows and accepts, without restriction or reservation. Only the version of the GTC that is online at the time the Client places the Order, in accordance with Article 5.2, shall apply between the Company and the Client.

The Client acknowledges that it has received the necessary advice and information to ensure that the offer is suitable for its needs.

The Client declares that he/she is legally capable of contracting under French law or that he/she is validly representing the individual or legal entity for which he/she is contracting.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.


4 - CREATION OF A CUSTOMER ACCOUNT

4.1 Access to the Service requires the Client's prior registration using the form made available to him/her when he/she first connects to the Service to place an Order, or the prior creation of a Client Account.

As part of the registration process, the Client shall provide the Company with the following identification information

Last name / First name
Company name (if applicable)
E-mail
Delivery address / Billing address
Password
Username
4.2 All duly completed registration applications are sent to the Company, which acknowledges receipt by e-mail and enables the activation of a Client Account.

4.3 The Client is solely responsible for the confidentiality of its password and identifier as well as any Order placed through its Client Account. The Customer also undertakes to ensure that the information provided as part of the registration process is accurate, complete and regularly updated in the Customer Account.

5 - ORDERS

5.1 Orders may be placed anywhere in the world. Any Order placed by a Customer residing outside the French territory shall be processed in accordance with the present General Terms and Conditions of Sale, subject to the legal provisions otherwise applicable in the country where the Customer placing the Order is domiciled.

5.2 In accordance with the provisions of article 1127-1 of the French Civil Code, in order to place an Order, the Customer agrees to respect the following procedure

selecting the Products (by entering the desired size and quantity) ;
identify himself/herself on the Service by logging into his/her Customer Account (by filling in his/her identification details) or by filling in the fields of the "Contact Details" form;
view their Order summary (displaying the detailed prices of each Product as well as the total price of their Order);
select the delivery method;
validate their details and their Order by clicking on the "Continue to payment" link; and
proceed to checkout by clicking on the "Proceed to checkout" link or any other link indicating that placing an Order requires payment.
Provided that the Customer has not yet confirmed payment, the Customer may at any time change his/her choice of Products, rectify any errors made when entering his/her Order and/or modify all or part of his/her identification data (including the billing and/or delivery address).

Any confirmation of payment requires the acceptance of these GTC that the Customer agrees to validate, after having fully read them, by checking the box provided for this purpose.

Confirmation of the Order shall constitute formation of the contract.

The language proposed for the conclusion of the contract is the French language for Customers using the French language navigation or the English language for Customers using the English language navigation or a language other than French. The choice of the French language for navigation is initially made by default depending on whether the language of the Customer's browser is a language other than French. The Customer can also be offered the possibility of voluntarily choosing his navigation language using the Language menu displayed on all pages of the site.

The parties agree that the illustrations or photos of the Products offered for sale have no contractual value.

5.3 Payment for the Order shall be made by credit card (Visa, American Express, Master Card, other credit cards) or by any other secure online payment method indicated to the Customer.

By providing his/her banking information at the time of the sale, the Client authorizes the Company to debit his/her card for the amount of the price indicated. The Client confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately cancelled by operation of law and the order cancelled.

All orders placed by the Customer are debited before shipment.

5.4 An order confirmation e-mail beginning with # will be sent to the Client as soon as payment has been received and after the Company has verified that the Products are available in stock.

The sending of a confirmation e-mail by the Company definitively validates the Client's Order. However, if for any reason whatsoever, the Company is unable to process an Order, it shall inform the Client by e-mail as soon as possible and proceed to reimburse the Client, provided that it has already collected the amount.

5.5 The Order confirmation e-mail sent by the Company to the Customer in accordance with article 5.4 shall contain a link to log in to the Customer's account in order to download, in pdf format, the version of the GTCs in force at the date of validation of the Customer's Order in accordance with article 5.2. This e-mail shall also indicate an estimated delivery date.

All communications, Orders, Order details and invoices shall be archived on a reliable and durable medium so as to constitute, in the Customer's interest, a true and durable copy.

5.6 For all orders of a personalized jersey, the Company grants itself the right to cancel the order if the request for personalization is deemed inappropriate and / or damaged the image of Karmine Corp.

6 - PRICE

The price of the Products is indicated in euros, all taxes included (including processing fees). This price does not include shipping costs, which are invoiced in addition.

In all cases, the total amount due by the Customer including shipping costs is indicated on the Order confirmation page.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company shall not be responsible for these duties and taxes. They shall be borne by the Buyer and are the sole responsibility of the Buyer (declarations, payment to the competent authorities, etc.). The Company invites the Client to inquire about these aspects with the corresponding local authorities.

All orders shall be invoiced on the basis of the rates in force at the time of validation of the Client's Order in accordance with Article 5.2.

The Company reserves the right to modify its prices at any time in the future, while guaranteeing the application of the price indicated at the time of the Order.

The Products remain the property of the Company until full payment of the price. Full payment of the price shall transfer the ownership of the Products to the Client.


7 - DELIVERY

7.1 The Products are delivered to the address provided by the Client and within the delivery period indicated in the confirmation e-mail sent by the Company, in accordance with Article 5.4, upon receipt of the Client's payment. This delivery time does not take into account the time required to prepare the Order.

For Products indicated as "pre-ordered", the delivery time does not take into account the time required to send the Products to the Company.

The Company reminds the Client that when the Client takes physical possession of the Products, the risks of loss or damage to the Products are transferred to the Client. It is therefore the Client's responsibility to notify the carrier of any reservations regarding the delivered Product.

7.2 The following delivery methods are offered to the Customer:

Delivery to a relay point:
Delivery to a drop-off point with an average delay of 3 to 7 working days depending on the delivery destination indicated. The Customer has a period of 14 (fourteen) consecutive days from the arrival of the package at the point of delivery to collect it. After this period, it will be returned to the Company.

Delivery at home followed - without signature:
For metropolitan France (including Corsica): delivery with an average delay of 2 (two) working days to 7 (seven) working days to the delivery address indicated. If the Customer is absent and the size of the parcel does not allow a delivery in the mailbox, a notice of passage is deposited to him and the parcel is placed at his disposal in the point of deposit to which the Customer is attached. The Customer has a period of 15 (ten) working days from the arrival of the package at the post office to come and collect it. After this period, it will be returned to the Company.

For destinations other than metropolitan France (including Corsica): delivery with an average delay of 3 (five) to 15 (fifteen) working days depending on the delivery destination indicated. If the Customer is absent and the size of the parcel does not allow for delivery to the mailbox, a notice of passage is left and the parcel is made available to the Customer at a drop-off point to which the Customer is attached. The Customer has a period of 15 (fifteen) working days from the arrival of the parcel at the drop-off point to collect it. After this period, it will be returned to the Company.

Tracked home delivery - against signature
Tracked home delivery against signature with an average delay of 2 (two) to 7 (seven) working days for France, depending on the delivery destination indicated, and 3 (five) to 15 (fifteen) working days, for destinations other than metropolitan France (including Corsica), depending on the delivery destination indicated.

The parcel in delivery at residence followed against signature will be given to the address indicated by the Customer against the signature of the recipient or that of any person attached to his service, living with him or specially mandated. The recipient's signature is not systematically made available to the Customer.

If necessary, the digital signature of the recipient, of any person attached to his service, living with him, or of the person specially mandated, as well as its reproduction are proof of delivery of the package. The refusal of signature is equivalent to a refusal of the sending.

A confidential code may also be transmitted to the recipient by SMS or email before the delivery of the package. The package can be delivered to the address indicated against the transmission of this confidential code. The concordance of the codes is proof of delivery of the package and is worth signature.

If the Customer is absent, a notice of passage is left and the parcel is made available to him in the depot to which the Customer is attached.

7.3 In the event of a delay in shipment, the Customer will receive an e-mail indicating a new delivery date.

8 - WITHDRAWAL

8.1 Subject to the provisions of article 8.3, the Customer shall have a period of 14 (fourteen) days from the date of receipt of the Order to exercise the right of withdrawal provided for in article L. 221-18 of the French Consumer Code, without having to state the reasons for the decision.

8.2 The Client shall send the Company a request for withdrawal

either by returning the withdrawal form (available on the following website: https://support.difygroup.com/hc/fr) duly completed and signed to the address where the Product was shipped;
or by logging into his/her Customer Account under the heading "Order Details".
The Products shall be returned by the Client by mail, at the Client's expense, to the address of the place of shipment of the Products or to any other address indicated to the Client from the Client's Account by the Company no later than 14 (fourteen) days following the date on which the Client sends the withdrawal form to the Company.

8.3 In accordance with article L. 221-28, 9° of the French Consumer Code, the right of withdrawal cannot be exercised (i) if the Products have been unsealed, (ii) more generally if they have been worn, consumed or damaged by the Client, (iii) if they are ticketed products or (iv) if they are personalized products (for example, without this list being exhaustive, products signed by the artist and products printed with a message of the Client's choice).

In accordance with article L. 221-28, 5° of the Consumer Code, the right of withdrawal cannot be exercised if the Products have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection. This applies in particular to foodstuffs.

The Customer cannot withdraw when the Product is a good likely to deteriorate or to expire quickly such as fresh food products.

In the event of withdrawal, the Products must be returned to the Company in their original packaging and, in any event, in their original condition (i.e., in new condition enabling the Company to offer the Products for sale again). Consequently, (i) any garment worn or having suffered even minor damage, (ii) any CD, DVD or food product that has been unsealed and (iii) any Product that has been damaged by the Client will not be taken back or refunded by the Company.

8.4 In the event of withdrawal in accordance with this Article 8, the Company shall be obliged to reimburse, with the exception of the cost of returning the Products, which shall be borne by the Client, all sums paid (including delivery costs) by the Client no later than 14 (fourteen) days following the date on which the Company receives the Client's withdrawal form.

8.5 Certain Products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be reimbursed, in particular:

Products made to the Customer's specifications or personalized, such as personalized flocked jerseys;

Products likely to deteriorate or expire quickly (eg: Karmine x Chupa Chups wheel);

Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection (eg: Mask)



9 - TERMINATION OF THE CONTRACT

9.1 In accordance with the articles L. 216-1 and following of the Code of consumption, and in the hypothesis where the Company would not have respected the delivery period indicated in the e-mail of confirmation addressed to the Client according to the article 5.4 above, the Company commits itself to warn, as soon as possible, by e-mail the Client. The Client may, at its option, within 24 (twenty-four) hours of receiving the Company's notification :

accept the new delivery date proposed by the Company, or

cancel the Order, if it has not been shipped at the time of the Client's notification.
If the Company has not complied with this additional period of time, the Client may, subject to Article 9.3, cancel the Order by registered letter with acknowledgement of receipt sent to the Company after an initial formal notice, sent by registered letter with acknowledgement of receipt to the Company, requesting it to carry out the delivery as soon as possible, has remained without effect.

In such event, the Order shall be cancelled upon receipt by the Company of the registered letter with acknowledgement of receipt notifying the Company of such cancellation, unless the Order has been effectively delivered by the date of receipt of such letter by the Company.

9.2 In the event of cancellation, in accordance with this Article 9, the Company shall be obliged to refund all sums paid (including delivery charges) by the Customer no later than 14 (fourteen) days following the date on which the Company receives the Customer's letter notifying it of cancellation.

Returns of Products must have the prior approval of the Company. Any Product returned without the Company's prior consent will not be eligible for a refund.

9.3 In any case, no cancellation is possible in case of late delivery due to an address error attributable to the Client.


10 - CLIENT'S COMMITMENT

10.1 The Customer declares that he/she is of legal age or, failing that, undertakes to obtain, prior to his/her registration, the authorization of his/her parents or guardian exercising parental authority, the latter remaining, in any event, guarantor(s) of compliance with these GTC, which the Customer expressly declares that he/she knows and accepts.

10.2 The Customer undertakes to make strictly personal use of the Products ordered from the Service, excluding any commercial purpose.

10.3 The Customer agrees more generally to comply with all the terms and conditions of these GTCs and to keep, if necessary by printing them, all copies of the GTCs sent to it by the Company in accordance with Article 5.4 above.


11 - COMPLIANCE

11.1 The Company guarantees the conformity of the goods to the contract. The Products sold through the Service benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-12 of the French Consumer Code, the guarantee relating to the safety and health of persons provided for in Article L. 411-1 of the French Consumer Code, and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

11.2 Under these guarantees, the Company undertakes, at the Customer's option, to refund or exchange any defective Product, which has suffered deterioration before receipt and/or which does not correspond to the Customer's Order, provided that the Customer informs the Company immediately, upon receipt of the Product, by contacting Customer Services by e-mail or post at the following address DIFY GROUP Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG.

11.3 Legal warranty of conformity:

The Company will exchange and/or reimburse the said Products, provided that, in the event of a non-conforming Order, the Products concerned are returned to the Company in accordance with the conditions set out in Article 8.3 and, in the event of deterioration, that this is mentioned on the delivery slip. The cost of returning the Products shall be reimbursed by the Company to the Client upon presentation of the relevant receipt.

When acting under the legal warranty of conformity, the Customer has a period of 2 (two) years from the delivery of the Product to request the Company, at its option, to repair or replace the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

11.4 Legal warranty for hidden defects :

The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction in the sale price in accordance with the provisions of Article 1644 of the Civil Code.

11.5 The Company undertakes to archive any Order (including delivery notes, invoices and the current version of these GTC) for an amount of more than 120 euros exclusive of tax, in accordance with the legislative provisions in force, for a period of 10 (ten) years.

During this period, the Company undertakes to provide the Client, upon request, with the invoice corresponding to the Order and the General Terms and Conditions in effect at the time of the Order.


12 - INTELLECTUAL PROPERTY RIGHTS

Trademarks, domain names, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and shall remain the exclusive property of their author. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

13 - PERSONAL DATA

The Customer is informed that the Company, acting as a subcontractor within the meaning of Regulation (EU) 2016/679 of 27 April 2016 known as the "General Data Protection Regulation" (hereinafter, the "GDPR"), on behalf of Karmine Corp, the company responsible for the processing, is required to collect and process, personal data concerning the Customer (hereinafter, the "Data").

The legal basis for this processing is contractual. The processing of the Data is necessary for the processing of the Client's order by the Company. If the Data is not provided, the order cannot be processed.

The Data transmitted by the Customer are the following: name, first name, postal address, e-mail address, telephone number, date of birth, payment information.

The Data provided by the Customer shall be processed by the Company for the following purposes:

management of the Order ;
selling and delivering the Products; and
finalizing the transaction; and
managing the relationship with the buyer.
Any other use of the Customer's Data shall be subject to the Customer's prior written consent.

The Data collected is kept for the following periods:

Data relating to payments made by the Customer, in particular bank details, are kept, in accordance with the deliberation of the Commission Nationale de l'Informatique et des Libertés (hereinafter, the "CNIL") No. 2018-303 of September 6, 2018, for a period of thirteen (13) months from the date of full payment of the said purchase, or fifteen (15) months in the case of payment by deferred debit card, in order to enable the management of any complaints; and
the other Data collected are kept for a period of 36 (thirty-six) months from the last purchase.
The Data collected is for the exclusive use of the Company. It may also be communicated, if necessary, to Karmine Corp, the company responsible for processing.

In accordance with the provisions of the modified law of January 6, 1978 known as "Informatique et Libertés" and the RGPD, the Customer has a right of access, rectification, portability and deletion of the Data that concerns him. He also has the right to limit and oppose the processing and the right to portability of his Data. Finally, the Customer has the right to define directives concerning the conservation, deletion and communication of his Data after his death.

To exercise his rights, the Customer can send a request by post to DIFYGROUP, Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, or by e-mail to the following address: privacy@difygroup.com. This request must include the Customer's contact details and prove, by any means, his identity. In case of doubt about the identity of the Customer, the Company reserves the right to request additional information that may be necessary, including a photocopy of an identity document bearing the Customer's signature.

The Client also has the right to appeal to the CNIL, 3 PLACE DE FONTENOY - TSA 80715 - 75334 PARIS CEDEX 07, the supervisory authority in charge of compliance with obligations regarding personal data.

The Customer is informed that the person in charge of personal data is Mrs. Angélique MALON.

To learn more about the Company's commitments in terms of personal data protection, the Client may consult the Company's personal data protection policy, available online at the following address: https://karmineshop.com/pages/politique-de-confidentialite



14 - FORCE MAJEURE

The Company shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCs results from a case of force majeure, as defined and retained by Article 1218 of the Civil Code and the case law of the French courts. The Company will notify the Client of the occurrence of such an event as soon as possible.



15 - APPLICABLE LAW

All clauses contained in these GTC, as well as all purchase and sale operations referred to herein, shall be subject to French law.


16 - CLAUSES

The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.


17 - COMPETENT JURISDICTION

The Customer may bring the matter before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where he/she resided at the time of the conclusion of the GTCS.

The Customer, pursuant to Article L. 616-1 of the French Consumer Code, may have recourse, free of charge, to the Company's consumer mediator for the amicable resolution of the dispute, whose contact details are as follows :

FEVAD

60, rue de la Boétie

75008 PARIS

https://www.mediateurfevad.fr/


https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx