Terms and Conditions

TERMS AND CONDITIONS OF SALES

INTRODUCTION

We are pleased to welcome you to our site accessible through the URL www.dim.com (hereinafter referred to as the "Site").

This Site is published by DIM France SAS, a simplified joint-stock company with a capital of 137,370,645 euros, registered with the Nanterre Trade and Companies Register under number 488 727 298, VAT No. FR 37 488 727 298, and the registered office is at 2, rue des Martinets, 92500, Rueil Malmaison, France (hereinafter referred to as "DIM").

The Site allows DIM to offer for sale a selection of Textile Products and Accessories bearing the DIM brand name (hereinafter referred to as "Products").

The Director of the publication is François Riston, as Director General.

The Site is hosted by SHOPIFY International Limited, with headquarter at Victoria Building 1-2, Haddington Road, Dublin, 4, D04 SN32, Ireland.

Access and use of the Site are subject to the following terms and conditions, the Terms of Use and the Privacy Policy and Privacy Policy (hereinafter collectively referred to as the "Terms"). The Privacy and Data Protection Policy is part of the Terms.

PLEASE READ THE TERMS CAREFULLY BEFORE USING THIS SITE AND CONSULTING REGULARLY. You acknowledge that you have been informed as soon as you entered the Site of the existence of the Conditions and the need to read them prior to any consultation.

Accessing and browsing the Site constitutes your full acceptance of the Terms and the subsequent commitment to comply with them.

All changes take effect from the moment they are posted. Playtex reserves the right to change at any time and without notice all or part of the Site and in particular the Conditions, in particular to comply with any new regulations or for improvement. Continuing to use the Site after a modification constitutes full and complete acceptance of the Site.

IF YOU DO NOT AGREE TO ALL OR ANY OF THE TERMS, YOU ARE NOT PERMITTED TO ACCESS THE SITE OR CONTINUE TO USE THE SITE.

Preamble and Object

The www.dim.com merchant site (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet and is published by Dim France, a simplified joint-stock company with a capital of 137,370,645 euros, registered with the Nanterre Trade and Companies Register under number 488 727 298, VAT No. FR 37 488 727 298, and whose head office is located at 2, rue des Martinets, 92500, Rueil Malmaison, France (hereinafter referred to as "DIM").

The Site allows DIM to offer for sale a selection of Textile Products and Accessories bearing the DIM brand name (hereinafter referred to as "Products").

The purchase of the Products offered on www.dim.com is subject to all these general conditions of sale ("General Terms and Conditions of Sale").

The Customer declares to have read these General Conditions of Sale before placing his order. In this regard, each time the order is placed on the Site, the Customer must confirm his acceptance of the General Conditions of Sale by ticking the box "I accept the General Conditions of Sale". This validation at the time of the order is therefore acceptance without restriction or reservation of these General Conditions of Sale and the waiver of any other conditions not expressly agreed between DIM and the Customer.

In accordance with the provisions of articles 1369-1 and 1369-4 of the French Civil Code, these General Terms and Conditions of Sale may be retained by computer registration and / or reproduced by the Customer by printing them on the server.

These Terms and Conditions of Sale will apply as long as they appear on the Site. DIM may at any time modify and update these General Terms and Conditions of Sale, however, it being specified that the applicable General Terms and Conditions of Sale shall be those in force at the date of the order by the Customer as formally accepted by the Customer.

Terms of Orders

Customer Terms

Orders placed on the site www.dim.com are reserved exclusively for end-users, namely Consumers, in the sense given by law and jurisprudence, acting exclusively for their own account, holders of a credit card, having the legal capacity (hereinafter referred to as "Customer"). The Products must be intended for the personal use of the Customer, other than for their partial or total resale.

The Customer shall bear the costs of telecommunications when accessing the Internet and use of the Site.

As part of the online sale of its Products, DIM will create a database of its Customers that will record certain personal data necessary for the registration, processing and tracking of orders.

Indeed, the Customer will have to identify himself to be able to buy a product according to one of the following three options:

When placing your first order, open a Customer account and fill out an order form specifying certain mandatory fields (Civility, First Name, Last Name, Date of Birth, Email Address, Password, Delivery Address and Billing Address).
Subsequently and for any new order, the Customer having opened a customer account will identify himself using his email address (username) and password, which he will be responsible for maintaining confidentiality, clicking on the "Identification" icon.

The information communicated by the Customer as part of the opening of his account or during each of his orders must be complete, accurate and up-to-date. Otherwise, DIM will not be able to execute the commands. If the Customer does not wish to disclose such information, DIM will not be able to respond favorably to his order.

This database has been declared to the Commission Nationale Informatique et Libertés in France, in accordance with the provisions of the French law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Law No 2004-801 of 6 August 2004. The data it contains may be communicated in full or in part to the sole suppliers of SID involved in the execution of orders, in accordance with article 8 of these General Conditions of Sale.

Products

The website www.dim.com allows you to order a selection of DIM products.

The Customer is invited to consult the description of each Product to know its characteristics (name, definition, characteristic and composition, ...), in accordance with Article L 111-1 of the Consumer Code.

While bringing the greatest care and accuracy to the posting of information relating to the Products and their update, DIM cannot be held responsible for any non-substantial error (s), what the Customer recognizes and accepts.

In any case, in case of non-compliance of the product delivered with respect to its description on the Site, DIM undertakes to correct this error: the Customer can either exercise his right of withdrawal or implement the guarantees under the conditions defined below.

Availability

Information on the availability of products is provided at the time of placing the order. Errors or modifications may exceptionally occur, especially in the case of simultaneous orders of the same product by several customers.

In the event of a product unavailability after placing an order, DIM will inform the Customer by e-mail or by telephone as soon as possible, proposing either to order another article presented on the Site in replacement, or to cancel the command. If the Customer chooses to cancel the order, it will be refunded no later than 14 calendar days after the return of the goods, if the account has been debited. The effective date of credit on the Customer's account may vary depending on the banking contract.

DIM reserves the right to change at any time and without notice the selection of items offered on the Site and their price. In case of price change, the applicable price will be the one in force on the day of the order.

Prices

Prices are quoted all taxes included and do not include delivery charges, charged in addition to the price of products purchased. The method of calculating delivery costs is nevertheless communicated to the consumer.

The costs of preparing and shipping the order are fixed, regardless of the number of items and their value.

All costs will be indicated to the Customer before registration of his order.

Orders

Log In

The Customer who wishes to place an order chooses the different Products by clicking on "Add to Cart".

At anytime the Customer can:

check the Products contained in his basket and obtain detailed information on each of them (photograph, product name, reference, size, color, quantity chosen) the unit price and the total amount of the order by clicking on the icon "My basket",
continue product selection by clicking on the "Continue shopping" button.

After having read his order, all Customers must identify themselves in accordance with the procedure set out in article 2.A "Conditions relating to the Buyer" after having clicked on "Confirm my Shopping Cart” and checked the acceptance of the General Terms and Conditions of Sale.

Validation

Upon validation and payment by the Customer of the order, it is transmitted to DIM. In case of error on an order, please contact our customer service as soon as possible.

However, DIM reserves the right not to validate the order or cancel it in the following cases (in the latter case, DIM will inform the Customer by email):

if the delivery address is outside the delivery area,
if there is a dispute, existing or not, existing with the Customer,
if there has been total or partial non-payment of a previous order by the Customer,
if there is a refusal to authorize payment by bank card of banking organizations,
if DIM reasonably believes that the Customer has breached the Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.

Payment Terms

Any order placed on the site must be paid by the customer immediately after validation of the order by debit from your bank account.

The total price of the order owed by the Customer is the amount indicated in the Purchase Order and includes shipping costs.

Therefore, the Client authorizes his bank in advance to debit his account in view of the records or statements of account transmitted through the payment module, even in the absence of invoices signed by the credit card holder. The ordered DIM products remain the property of DIM until DIM receives full payment.

For this purpose, the Customer guarantees DIM that he is the holder of the credit card and that the name on this credit card is his and then communicates, in a secure environment on the Internet, the sixteen digit number and the date expiration date of your credit card, as well as the numbers of the visual cryptogram on the back of your credit card.

DIM has established a system that guarantees secure online payment. It is protected by the encryption S.S.L (Secure Socket Layer) that protects all data related to the means of payment.

In the context of Internet payments, and to fight against Internet fraud, an online control will be carried out in the relevant banks and institutions. It is stated that DIM does not collect or keep the details of the customer's credit cards.

We partnered with Global-e, a third-party service that acts as your registered vendor, so you can buy and ship your DIM products to more than 200 destinations around the world. When you buy your Global-e DIM products, you will see that your payment method is charged by ** Global-e / DIM **, and the purchase is subject to Global-e's Terms and Conditions and Privacy Policy (which will be clearly presented in the payment before placing the order).

You can contact Global-e at service@global-e.com.

DIM is still responsible for the good delivery of your order to the consumer.

Order Confirmation Notice

When the payment is made, a summary document of the order will be sent without delay to the client, at the email address indicated when registering on the website. This document contains all the constituent elements of the contract concluded between the Parties.

By keeping this email and / or printing it, the Customer has proof of the order that DIM recommends to keep. The Customer must immediately inform DIM's e-commerce Customer Service about any error or omission contained in this summary. In addition, the Customer will have the opportunity to access the history of their order (s) by clicking on the icon "My account", "My orders".

In addition, and regardless of the amount of the order, the Customer can access the invoice of their orders by clicking on the "My account" icon.

Delivery

The Products will be delivered to the address indicated by the Customer in the order within the time indicated on the checkout.

The shipping fees payable by the Customer will be detailed in the order process. The terms apply from the day following the payment of the order and the delivery intervenes in all no later than 30 days after payment of the order.

If there is no receipt within the announced delivery period, the Customer should contact customer service. The Client will have the opportunity to cancel his order. Any sum paid by the Client will be reimbursed within 14 calendar days, excluding any other compensation. The effective date of the credit in the Client's account may vary according to his banking contract.

Order Reception

Once the order has been received, the Customer must verify that the products received comply with the order. Any apparent reservation must be notified in writing by e-mail to customer service (ie, missing or damaged products, damaged packages) within 30 calendar days after receipt of the Products.

Except in the case of a lack of conformity within the meaning of the Consumer Code, any claim made beyond the period of 30 calendar days will be considered inadmissible and the liability of DIM cannot be compromised.

If the Client wishes to return it, the procedure defined in Article 4.B. Apply.

In case of abnormal or abusive returns, DIM may refuse to validate a subsequent order.

Returns and Refunds

Retractation Right

The Client has a period of 30 calendar days from the date of receipt to return, at his expense, and under his responsibility, the ordered Product (s), without having to justify it. reasons

The products must / must be sent back to the DIM company in perfect condition, in its original packaging (s) and packaging (s), accompanied by the voucher (s). original and free cardboard label. The Products must have been purchased on the Site www.dim.com. Items returned incomplete, damaged, worn, damaged, used or dirty will not be refunded. Accessories that are an integral part of the finished product (such as products from one day to the next) must also be returned. A return cannot be accepted if the bag or any other accessory is missing.

The Customer must return the products at his expense, along with the return receipt found in the section "my account - my returns" on the website dim.com, as well as the delivery note in which it is located. he will have surrounded the product (s) and the amount (s) returned.

If all the above conditions are met, DIM will reimburse the Customer for the total amount paid by the Customer when placing the order, including the initial delivery charge if it is a return of the entire order. . DIM will reimburse within a maximum period of 14 calendar days from the receipt of the returned Products. The effective date of the credit in your account may vary according to your bank contract.

In accordance with Article 3.C, DIM will credit the credit card used for the purchase, indicating to its supplier the information related to the order number.

It is the client's responsibility to keep any evidence of this return. Therefore, it is strongly recommended that the Customer return the Products by certified mail or by any other means that indicates a specific date.

In case the conditions of exercise of the right of withdrawal described above (in particular, for a return after 30days) are not respected, while the client redirected the product to DIM, the Customer may receive at its expense the DIM products that would have returned under the conditions in which they were returned to DIM.

There will be no exchange of purchases made online.

Product(s) not compliant with the order or defective

In case of non-conforming or defective products, you are invited to contact the customer service department that will indicate the procedure to follow.

Product(s) ordered not in accordance with the order or defective must be returned to the DIM company in its original packaging(s), accompanied by the delivered accessories (belt, sachets, etc.) of the delivery note and the original cardboard size label. The Product(s) must have been purchased at www.dim.com. Items returned incomplete, damaged, worn, damaged, used or dirty will not be refunded. Accessories that are an integral part of the finished product, such as overnight bags, must also be returned. A return cannot be accepted if the bag or any other accessory is missing.

The return costs of the product (s) are the responsibility of DIM.

It is the client's responsibility to keep any evidence of this return.

If all of the above conditions are met, DIM will reimburse the Customer for the total amount of returned products and initial delivery fees within 14 calendar days after receiving the returned products. The effective date of the credit in your account may vary according to your bank contract.

In accordance with Article 3.C, DIM will credit the credit card used for the purchase, indicating to its supplier the information related to the order number.

In any case, these provisions do not deprive the Client of the benefit of the legal guarantees mentioned below.

The effective date of the credit in your account may vary according to your bank contract.

Transfer of Risk

The customer assumes the risk (including loss, theft or damage) of the products delivered from the delivery date.

Legal Guarantees

The products sold on the Site are subject to the conditions of the legal guarantees stipulated in articles L217-4 to L217-13 of the French Consumer Code.

Under the legal guarantee of conformity, DIM undertakes, at the Client's option, to reimburse or exchange defective products or products that do not correspond to your Order, provided that the Client acts within two (2) years from the delivery of the product. The Client is exempt from informing the proof of the existence of a lack of conformity of the good during the twenty-four (24) months after the delivery of the good.

The legal guarantee of compliance applies regardless of any commercial guarantee that may be granted.

Article L217-4 of the Consumer Code: "The seller is obliged to deliver a good that complies with the contract and is responsible for any lack of conformity existing at the time of delivery, it also responds to the conformity defects resulting from the packaging, the assembly instructions or the installation when the contract has loaded or been carried out under its responsibility ".
Article L217-5 of the Consumer Code: "To be in conformity with the contract, the property must: 1) Be suitable for the generally expected use of a similar good and, where appropriate: - correspond to the description given by the seller and has the qualities that it has presented to the buyer as a sample or model, - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.
Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed for two years from the delivery of the property".

The products sold on the Site also benefit from the legal guarantee of hidden defects provided in articles 1641 to 1648 and 2232 of the Civil Code.

Under the legal guarantee of latent defects, the Customer may choose between the resolution of the sale or the reduction of the sale price, in accordance with article 1644 of the Civil Code.

Article 1641 of the Civil Code: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold that make it unsuitable for the use for which it is intended, or that diminish this use so much, that the buyer does not do so. would have bought, or would have given a lower price, if they had known them. "
Article 1648, paragraph 1 of the Civil Code: "The action resulting from hidden defects must be presented by the buyer within two years from the discovery of the defect." In the case provided by article 1642-1, the action must be initiated, under penalty of penalty. of foreclosure, within one year from the date on which the seller can be discharged of apparent defects or defects of conformity ".

Limitation of Liability

To the extent permitted by applicable law, DIM is not liable for breach of contract due to force majeure, interruption or total or partial strike, including postal services and means of transport and / or communication.

To the extent permitted by applicable law, DIM is not responsible for any indirect damage resulting from the purchase of DIM products on the site.

DIM disclaims any liability if the purchase made online is made by a minor.

DIM declines all responsibility:

for any interruption of the site,
for any error,
for any damage that results from a fraudulent intrusion of a third party that results in a modification of the information available on the site,
for errors and non-substantive defects related to the Products,
for the impossibility of joining the customer service and / or accessing the site.

Personal Data

DIM may collect personal data about the Client. The mandatory or optional nature of the fields to be completed will be clearly indicated. If the Customer does not wish to provide this mandatory information, DIM will not be able to process the request, including the order.

Personal information is intended for DIM and will be used for the purpose of customer relationship management and commercial prospecting if the Customer has checked the box provided for this purpose, or, in the case of products similar to those purchased by the Customer, if the Customer has not objected.

This data will only be disclosed to third parties who participate in the execution of the Customer's order (and, in particular, from banking institutions, delivery services).

In accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978, updated by the law of August 6, 2004, the Customer has the right of access, rectification, opposition and deletion of data about him. The Client can exercise his rights by contacting DIM e-Commerce - Division DIM, 2, rue des Martinets, 92500 Rueil Malmaison, France.

In addition, the order process requires that the Client's computer accept "session cookies". If they have been disabled, the Client must modify the options of his browser as appropriate. Otherwise, DIM will not be able to process the client's request.

Cookies are important for the proper functioning of the site. We issue them to personalize your navigation and to adapt the content to your interests. We explain its usefulness and you leave the option to activate them or not by going to our privacy center.

No Waiver/Partial Invalidity

The fact that DIM refrains from demanding at any time compliance with any of the provisions of the General Terms and Conditions of Sale cannot be interpreted as a waiver of the subsequent invocation of said partial or total non-compliance.

If one or more stipulations of this contract are considered invalid or declared as such by virtue of a law, a regulation or a final decision of a competent jurisdiction, the other stipulations shall maintain all their force. and its reach.

Force Majeure

The execution by DIM of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that hinders or delays its execution. They are considered as such, in particular, without this list being restrictive, war, riots, insurrection, social disturbances, total or partial strikes, including transport, of any kind, interruption of production, interruption of energy supply and / or electricity and DIM supply problems.

DIM will inform the client of an unforeseen event or force majeure within fourteen days of its occurrence. If this suspension continues beyond a period of fifteen days, the Customer would have the opportunity to cancel the current order, and then it would be reimbursed under the conditions established above.

Applicable Law and Competent Jurisdictions

These general conditions of sale and the contractual relationship between the client and the Sun shall be governed and construed in accordance with French law.

In the event of a controversy related to these Terms and / or the existence, interpretation, fulfillment or breach of contract between DIM and the Client, a friendly solution will be sought before any legal action. It is stated that the preliminary attempt at friendly settlement does not in any way interrupt the legal guarantee period.

Any dispute related to the interpretation, execution or breach of contract entered into between the Client and DIM, even in the case of multiple defendants, will be submitted to the competent courts in the absence of an amicable agreement.