Terms & Conditions
These general conditions (here after « General Conditions ») aim to define :
-Modalities, service conditions (here after “Services”) and the sales of products proposed by Defi International SARL (here after “Defi International”) on the website www.emma-chloe.com and the rights and obligations of each parties in this context.
Defi International proposes monthly delivery of a jewelry box (here after “the Service Box” including a minima a designer jewel (here after “The product”)
The physical person (here after “The Client”) desiring to benefit from the Service Box can subscribe to the service, buy it punctually or activate a gift card.
Indeed, clients can subscribe to the Service Box or can buy it once over a period of 6(six) months or 1(one) year (here after “The Formula”).The service box can also be proposed through a gift card (here after “Gift Card”)
1.2 Defi International also does retail sales through its online shop (here after “retail sales”) available on the website to all independently from a subscription or a formula.
1.3 The hereby general conditions are available and printable at every moment on the website’s homepage. They can be completed as the case may be by particular conditions of use for particular services. However, in case of contradiction, particular conditions of use are prevalent over the general conditions.
2. Website & services operator - Contact
Website and services are operated by Defi International SARL registered at the French Trade & Corporate Register under the N° 535 165 674, its head office is located at: 18 rue Marboeuf, 75008 Paris (here after “Defi International”). Moreover, Defi International is also the vendor of the goods produced by Defi International.
Defi International can be contacted for any claim or complaints at the following address:
Adress : 5 rue Pierre Chausson, 75010 PARIS
Phone : 01 84 17 08 42
Email : email@example.com
3. General conditions acceptance
The Client declares to have full legal capacity allowing him to engage himself regarding these general terms and conditions. The acceptation is validated when the client ticks a square made for that purpose in the registration form. Acceptance is full-fledged without any other conditions. Clients who do not comply with these requirements and the general terms and conditions may not benefit from the the products nor services on the website.
4. Access to the website
Website and services are available for all internet users including professionals.
Professional users can also get subscriptions or formulas for other beneficiaries, that they can fulfill through gift cards or promotional codes. Moreover, professionals can contact Defi International in order to establish a personalized offer.
5.Inscription on the website
When registering for the Box service or when the client orders products as part of sales without subscription, the client will have to complete a registration form on the website. The registration involves automatically an account opening on behalf of the client giving him an access to his personal space which enables him to administer his use of the website. Moreover the client certifies that all given information is correct and true and will put up to date every information in case of alteration in order for them to match with the aforementioned.
The client is notified and accepts that his information entered in Defi International’s data base are worth of proof of his identity. Defi International has authority to verify the accuracy of the information given by the client. Every client shall subscribe once (same name, surname and address).
The client undertakes to use personnaly the Services and not to allow any other party to use his information on his behalf, unless he bears full responsibility for it.
The client has access to his personal space at every moment by logging in using his credentials. The client undertakes the responsibility to maintain confidentiality of his credentials. The client shall be responsible for reporting to Defi International of any use of his personal information unwittingly in a short time limit. The client allows Defi International to take appropriate action in an alike situation.
II/ Terms for the Service Box
6. Attributes of the Service Box
The Service Box enables the client to receive every month a box comprising a minima a product selected by Defi International, subject to approval of good receipt of the payment for the Service Box according to article 8.
The attributes of the delivered product to the client are summarized in the invoice attached to the parcel.
The client therefore formally accepts the “surprise” effect of the Box, and that he will not have any knowledge of the content of the parcel before delivery.
7.Subscription to the Service Box and period
7.1 Registration form to the Service Box
In order to benefit of the Service Box, the client has to entirely complete the registration form provided in that purpose on the website. Every partially completed form shall not be valid. After the registration, and after payment of the due price of the Service Box as required by article 8, the client will receive a confirmation mail for his registration to the subscription, the formula, or the confirmation of the gift card activation.
7.2 Contract term of The Service Box
7.2.1 Duration of subscriptions.
Subscriptions can be made for a period of time of one (1) month, three (3) months, six (6) months or one (1) year.
Subscription can be considerated operative :
- Starting from the month on which the subscription was made (before the end of that same month)
- Starting from the following month if the subscription was made between the 1st and the last day of the month.
All subscriptions are renewed tacitly for the same period.
The client can unsubscribe by writing an e-mail to Defi International at the address given in article 2.
The client will receive a confirmation of his unsubscription by e-mail in the shortest delay. However, unsubscription does not automatically mean the deletion of the customer account that can still be used to make other purchases on the website.
Any subscription period begun is due in full according to the full price of the service purchased.
7.2.1 Duration of formulas and gift cards
Formulas and gift cards can be subscribed to for a period of three (3), six (6) or twelve (12) months.
Periods are considerated operative:
- Starting from the month on which the subscription was made (before the end of that same month)
Starting from the following month if the subscription was made between the first and the last day of the month.
The end of the formula or the gift card does not automatically delete the customer account, which can be used to make purchases on the website.
188.8.131.52 Terms of service for the promotion in which customers purchase their first box for one (1) dollar with a minimum (3) three-month subscription period. Promotion is valid on (3) three-month, (6) six-month, and (12) twelve-month subscription plans.
Subscriptions purchased through this promotion are renewed automatically before the 11th of each month for a minimum period of (3) three consecutive months.
The customer can unsubscribe from their subscription after the minimum period of (3) three months by writing an e-mail to Defi International LLC at the address given in Article 2: firstname.lastname@example.org.
The customer will receive a confirmation of his subscription cancellation by e-mail. Subscription cancellation does not automatically mean the deletion of the customer’s account, which can still be used by the customer to make other purchases on the website.
For the $1 first box promotion, the customer's total upfront charge (minimum $71) is comprised of: one (1) dollar for the first month, the regular price of thirty-five (35) dollars for the second month, and the regular price of thirty five (35) dollars for the third month, and so on until the customer chooses to end their subscription service.
By subscribing to this promotion, customers accept a 3-month subscription commitment with Defi International LLC. After the minimum subscription period of three (3) months, customers are free to contact Emma & Chloé to cancel their subscription going forward.
AUTOMATIC RENEWAL TERMS
With respect of Emma & Chloé subscriptions subject to automatic renewal, you agree that Emma & Chloé may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Emma & Chloé reasonably could act.
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Emma & Chloé after the expiration date of your payment card.
GIFT CARDS SUBSCRIPTIONS
By redeeming a Subscription Gift Card, you agree and acknowledge that your subscription has a recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable, any charges processed by Emma & Chloé after the expiration date of your payment card.
AUTOMATIC MONTHLY RENEWAL TERMS
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
7.2 End of services due to Defi International
Defi International has full right to cancel a service in case the client does not respect the genral terms and conditions.
Defi International has also full right to stop offering the service. The client will be aware of the decision by ant available and appropriate means.
8.Price and payment method
8.1 Service Box price
The price of the Service Box will depend on the duration of the subscription, formula or gift card. However, the final price is indicated on the website before purchase. Unless mentioned other wise, prices are in euros and taxe included. The transport cost is also included in the final price.
Additional transportation costs can be added for deliveries located outside France. The client shall be informed of the extra transportation costs before validating the purchase. Invoices for subscriptions, formulas and gift cards are sent to the client by all usefull means.
8.2 Price revision for subscription.
Prices for subscriptions can be revised at the discretion of Defi International
The client will be informed of these modifications by Defi International by every written means (often by email) at least a month and a half before the new prices are applicable.
Once new prices are applicable, the same prices will be applied at the renewal or the contract
If the client does not accept the new pricing, he can stop his subscription by making use of the conditions planned in art. 7.2.1. Without any protest from the client, prices will be considered as accepted
8.3 Payment conditions
8.3.1 Formulas and Gift cards.
Payment for formulas and gift cards is made once at the subscription. The payment can also be made through the internet.
Payment for subscriptions is only made through direct debit. Direct debit shall be made from the bank card given by the client, it will be done between the 5th and the 15th
- Every month in case of a monthly subscription
- The first month of a quarterly subscription.
The client will make everything in his power to ensure that the direct debit may be done.
The direct debit shall be made by the Stripe company or Paypal which are internet security payment providers to which Defi International subcontracts the application of the payments. Moreover, these companies are the only ones who will keep customer bank information for that purpose only.
Defi International does not keep any bank information.
Defi International has full right to suspend or cancel delivery of any service provided for the client if case of non payment, payment incident, fraud or fraud attempt, relative to the use of the services provided.
Penalties equal to one and a half (1.5) times the French interest rate are applicable to the due payments still pending as soon as soon as Defi International has the notification of non payment from direct debit.
III. Measures for retail sales
9.1 Purchase order submission
To place a purchase order, the client has to select the desired products and place them into the virtual shopping cart. The client has access to the content of his shopping cart whenever, before validating the purchase order so that he can correct possible mistakes that may occur.
9.2 Order Acknowledgement
Once the order is placed, the client receives a confirmation email in which he will find a detailed summary of the products he just purchased, delivery time and general terms and conditions applicable.
The invoice concerning the order is sent to the customer by all usefull means.
The client has to ensure of the correctness of his personal information for the good reception of confirmation mail and the forwarding of the goods. In case of failure, the client has to get in contact with Defi International at the address given in art.2.
Defi International advises the client to keep the information gven in the order confirmation.
The order and order confirmation are considerated received once both parties have access to the documents.
Payment has to be submitted at order confirmation. Payment can be made via the Internet, with a debit card, through Paypal.
The client certifies that he has full authority to use the payment method he chooses. Defi International has full right to suspend or cancel delivery of any service provided for the client if case of non payment, payment incident, fraud or fraud attempt, relative to the use of the services provided
10. Prices of retail products
Prices are indicated on the website, unless otherwise specified, they are in euros and all French taxes included.
Defi International reserves the right to grant promotions at its discretion. During the client’s period of subscription, the client has a 20% discount on retail products (no additional discounts can be applied)
IV Common Terms and conditions
The client can unsubscribe whenever he wishes to by addressing an email to the address given in art.2. He will then receive a confirmation of his unsubscription in the shortest delay. Unsubscription will involve the deletion of the client’s customer account.
Delivery is made to the address given during the validation of the purchase order or during the subscription to the Service Box.
The delivery of the Box shall be made not later than the 15th of the following month.
12.1 Delivery modes
Different delivery modes are available on he website. The client can choose either of them when he subscribes to the Service Box.
Regarding retail products orders, delivery modes, and additional costs shall be indicated to the client when he places his order. The client has to select the delivery mode he wishes and all the necessary information to the good receipt of the goods according to the delivery mode
12.2 delivery time.
Defi International engages itself to respect the delay given into the order confirmation sent by email to the client.
In case of failure from Defi International to repsect its commitments, not due to circumstances of force majeure, the client can cancel the order by sending recorder delivery letter or in any other written format, if, after having urged, with the same method, DEfi International to perform the delivery with a reasonable additional time.
The contract will be considered ended once Defi International receives the recorder delivery letter or any other written format informing of the termination of the contract, unless the delivery was made meantime.
In case of termination of the contract according to the conditions above, Defi International will entirely refund the client of all expenses, including transportation costs, not later than 14 days after the receipt of the cancellation letter.
Defi International reserves the possibility to offer different methods of refunds of products and transport costs. The client will have to expressly mention his acceptance of an alternative refund mode. The client will not be refunded if the products have been received and if the request for refund is based on malicious intents.
13. Withdrawal right
13.1 Subscriptions, Formulas and retail products.
The client that subscribes to one of the services provided by Defi International has 14 working days, starting from the receipt of the first Box, to withdraw without any justifications nor paying any penalties, except for the shipping costs that will be charged to the client. The client may also cancel his subscription or formula at that moment.
The client that buys retail products has 14 working days, starting from the receipt of the first product, to withdraw without any justifications nor paying any penalties, except for the shipping costs that will be charged to the client. The client may also cancel his subscription or formula at that moment.
The client who wishes to enforce his withdrawal right has to address himself to the Defi International through the information mentioned in art.2. before the legal delay mentioned above, with the withdrawal form which is attached to the present general terms and conditions, or a written declaration expressing clearly his will to withdraw with in reference the purchase order number or his username.
The Box or the retail products must be returned in their original packaging. A copy of the invoice must be attached to the shipment. The client is responsible for the return of the products up to Defi International’s premises.
The client will be refunded in the shortest delay, not later than 14 days after the reception of the withdrawal form. The client will be refunded of the totality of the money he spentfor his subscription or formula or his order, shipment costs deducted. Defi International reserves the right to differ the refund if not all the products have been returned.
13.2 Case of non acceptance of the withdrawal right
The client that buys a gift card is expressly informed and accepts that the card represents digital content that can not be materialized physically, therefore, delivery will be made as soon as the card is paid for. By buying a gift card, the client accepts that the delivery will be made immediately. Consequently, the client surrenders his withdrawal rights according to art. L.121-21-8 13° of the French consomption code.
The client that benefits from a gift card or formula that was bought by a professional do not have the withdrawal right facility.
The client has the legal non compliance warranties regarding hidden defects concerning the sold good.
If the client notes that the Box or the Product that was delivered to him presents a default, is non compliant, or is damaged, he can return it to Defi International according to the method described hereafter:
He has to contact customer service of Defi International by mail at: email@example.com in a period of 7 (seven) working days starting from the receipt of the concerned Box or Products, stating the nature of the default, non compliance or damage. Defi International will therefore state whether it is necessary or not to return the Box or Product. If so, The client will return the Box or Product and will be refunded of the shipment costs under the condition that he is able to provide a receipt.
The Box and Products must be returned in their original packaging, with the invoice related to the shipment and the return number provided by Defi International
The client must bear in mind that in terms of legal warranty of compliance, every consumer:
Has a delay of two (2) years starting from the delivery date to enter into action, can choose between replacement or repair of the product, according to art.L.211-9 of the French code of consumption, and has to provide proof of the existence of the non compliance default of the good during the six months following the delivery.
It is recalled that the legal warranty of compliance is applicable independently from any other commercial warranty possibly consented.
Every client can also decide to apply the warranty of non compliance according the art 1641 of the French civil code. In that respect, the client can either choose between the resolution of the sale or a special discount on the final price according the art.1644 of the French civil code.
Defi International will make the necessary verifications and will proceed accordingly.
If compensation or replacement of the Box or Product is not possible, Defi International reserves the righ to submit to the client anothe Box or Product of the same value.
15. Legal liability
15.1 Défi International reserves the right to interrupt access to its website for maintenance issues. Defi International will not be held responsible for momentary difficulties or impossibilities to access the website due to force majeure circumstances, or network telecom failure.
15.2 Defi International does not ensure to the client thet the Service Box, being a standard product, will specifically meet his expectancies and needs.
15.3 Defi International makes everything in its power to publish relevant pictures of its products on the website. However, it is possible that perception made by the client towards products does not exactly match the reality, the client acknowledges that. Consequently, photos illustrating the products do not constitute a contract, and only have informational value and do not engage Defi International’s responsibility.
15.4 Products offered in retail sales are available as soon as they are published on the website within the limits of available stocks. In case one product is not available at the order, the client will be notified by mail. The amount of the order will be reevaluated, and the client will be charged for the new amount. If the totality of the order is not available, he client will be notified by mail, and will not be charged. Defi International will not be held responsible for any prejudice suffered by the client, nor will be under the obligation to pay damages and interests.
Systems, softwares, structures, facilities, data bases and contents (texts, images, gifs, music, logos, brands, etc..) used by Defi International as part of the website, as well as the Products presented are protected by copyright. Any disassembling, decompilation, decoding, extractions, reuse, copies and more generaly every action of breeding, depiction, diffusion of any of the mentioned elements without the authorization of Defi International are strictly prohibited, and can be a subject of law suit. The brands, logos, and company names, abbreviations, banners, and any name in the field of activity of Defi International and designers mentioned on the website form distinctive signs can not be used without the express consent of their owner. Every representation, reproduction of these signs is therefore prohibited.
17. Personal Data and bank information
Defi International protects personal data and bank information of which the features are explained in the document « Charte relative à la protection des données à caractère personnel et bancaires » which the client must accept after having read it.
Are strictly forbidden: (i)every behavior that would interrupt, suspend, slow down or prevent the continuity of the Service, (ii) every intrusion or intrusion attempts in Defi International’s premises, (iii) every embezzlement of Defi International’s ressources (iv) every action that would impose unnecessary charge on the infrastructure (v) every action that violates security measures (vi) every action that would violate rights, financial,moral or commercial interests of Defi International or the clients of the website, and more generally any failure to respect these general terms and conditions.
In case of failure to any of the above instructions, Defi International reserves the right to engage any appropriate measure or law suit accordingly.
Defi International reserves the right to insert wherever on the website, advertisement or promotional ads at its discretion. More general, the client declares to be aware that defi International will have authority to diffuse whatever advertisement and promotion on the website.
20. Links, third party websites.
Defi International will not be held responsible for technical unavailability of the websites available on its website. Defi International will assume no responsibility for the content, advertisement, products and service available on third party websites which are managed by their own general terms and conditions. Defi Inetrnational is will not be held responsible for transactions made between its clients and possible vendors by which the client will have gotten into contact with through defi International’s website.
Dei International reserves the right to change at any moment the content of the present general terms and conditions. Clients will be informed of any changes by any usefull means at least one month and a half before the entry into force.
If a client subscribes to any service, the modified general terms and conditions will be applicable to him starting from the renewal of the subscription according to their entry into force. If the client does not accept the modified general terms and conditions he has to cancel his subscription before the entry into force of the modified general terms and conditions.
If the client has a formula or a gift card, the general terms and conditions applicable are the ones that were into force when the formula or gift card was purchased.
Concerning retail sales, modified geberal terms and conditions will be applicable to clients who make an order after their entry into force.
When a client makes an order in addition to the Service Box, the client will be subject to the general terms and conditions he will accept at that moment only.
In case of translation of the present general terms and conditions in one or diverse tongues, the mother tongue will be French in case of contestations, or contradictions on the meaning of a word or term.
23.Applicable law and jurisdiction
The present general terms and conditions will be under the French law.
In case of contestation on the interpretation of the executionof these general terms and conditions, parties accept that only courts in Paris will be competent to judge any case, unless there are procedural rules that indicate something else.
24. Entry into force
The present general terms and condition shall enter into force on the 25th of may 2015 (25/05/2015).