The Seller's business is the sale of bicycle saddles. These custom-made bicycle saddles are manufactured individually, according to the data recorded during an impression of the support surface of the cyclist customer.
The Seller markets the above-mentioned goods and/or services through the website http://debya.fr/. The list of goods and services offered for sale online by the Seller can be consulted on the site available at the address " http://debya.fr/ ".
The Parties agree that their relationship shall be governed exclusively by this Agreement, to the exclusion of any terms and conditions previously available on the Seller's website.
The Seller reserves the right to modify at any time the present general conditions of sale by publishing a new version on the Site. The general terms and conditions of sale are those in force at the date of validation of the order. The Parties agree that the photos of the Goods on sale on the site http://debya.fr/ have no contractual value.
The terms and expressions hereinafter referred to shall mean, when preceded by a capital letter, for the purpose of the interpretation and performance hereof:
"Item" means the Goods that are the subject of the Order;
"Good": any product offered for sale on the Site;
"Order" means a request by Customer to Seller for Goods or Services;
"Terms and Conditions of Sale" means the terms and conditions of sale which are the subject hereof;
"Contract" means this instrument, including its preamble and appendices and any amendment, substitution, extension or renewal made hereto by virtue of the agreement of the Parties;
"Delivery Time" means the period of time between the date the impression is made and the date the Order is delivered to the Customer;
"Impression": phase prior to the realization of the saddle. It is made with a specific paste;
"Delivery Charges" means the cost of the expenses incurred by Seller to deliver the Order to the delivery address specified by Customer;
"Delivery" means the shipment of the Item to the Customer;
"Delivery Method": means any standard or express delivery method available on the Site at the time of the Order;
"Price" means the unit value of a Good or Service; this value includes all taxes and excludes Delivery Charges;
"Total Price" means the total amount of the cumulative Prices of the Goods and Services that are the subject of the Order; such amount shall include all taxes;
"All-Inclusive Price" means the Total Price plus the price of the Delivery Charges; this amount includes all taxes;
"Service": any service offered for sale on the Site;
"Site": Online sales site " http://debya.fr/ " used by the Seller to market its Goods / Services;
"Territory" has the meaning given to that term in Article 3;
"Order Validation" shall have the meaning set forth in Section 5;
"Online Sale": marketing of the Goods and Services of the Seller via the Site;
References to Articles are references to the articles of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
The purpose of this Agreement is to define the rights and obligations of the Parties in connection with the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
The present general conditions of sale are reserved for consumers only, as defined by law and jurisprudence, acting exclusively on their own behalf and domiciled in France.
In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.
The professional also communicates to the consumer the information relating to its identity, its postal, telephone and electronic coordinates and its activities, as well as, those relating to the legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of the hidden defects, and possible commercial guarantees, as well as, if necessary, of the after-sales service and information relating to the other contractual conditions, in accordance with articles R. 111-1 and R. 111-2 of the Code of the consumption
In addition, the Customer receives the information provided for in Articles L. 221-5 and L. 221-11 of the Consumer Code, prior to and after the conclusion of the sale and in particular by means of these general conditions of sale.
These general terms and conditions of sale are applicable to all sales of Goods and Services by the Seller through the Site.
The Customer hereby declares that he/she has read and understood these terms and conditions of sale prior to placing the Order as specified in Article 5. The Order Validation is therefore deemed to constitute acceptance, without restriction or reservation, of these terms and conditions of sale. The present General Terms and Conditions of Sale shall apply to Orders placed for delivery in Metropolitan France, including Corsica (the "Territory").
This Agreement shall come into force on the date of Order Validation as defined in Article 5.
The Agreement is entered into for the period necessary for the provision of the Goods and Services, until all warranties and obligations owed by the Seller have expired.
1. Enter the address of the Site ;
2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
3. Fill in the order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to start again his selection of Goods and Services from the beginning;
4. To take note and validate the obligation to have the print made by a professional partner approved by the Seller and referenced on the site http://debya.fr/
4. Verify Order items and if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation");
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
The Customer shall then receive electronic confirmation of acceptance of payment for the Order without delay.
Customer shall also receive an electronic acknowledgement of receipt of the Order (the "Order Confirmation") without delay.
The Customer shall receive electronic confirmation of the shipment of the Order.
Delivery shall be made to the delivery address indicated by the Customer in the Order. In carrying out the above-mentioned stages of the Order, the Customer undertakes to comply with the present contractual conditions in accordance withArticle 1366 of the Civil Code.
The Seller undertakes to fulfil the Order only to the extent of the availability of the Goods. If the Goods are not available, the Seller shall inform the Customer accordingly.
However, in accordance withArticle L. 121-11 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, if there is a dispute with the Customer concerning the payment of a previous order.
The Price of the Goods and Services sold on the Site is indicated respectively by article and reference or by service and by reference.
At the time of the Order Validation, the price to be paid is the All-Inclusive Price.
The telecommunication costs inherent in accessing the Site remain the exclusive responsibility of the Customer.
The validity period of the offers and prices is determined by the updating of the Site.
The payment of the All-Inclusive Price by the Customer is made only by credit card. The accepted credit cards are those of the Carte Bleue, Visa, Eurocard / MasterCard networks.
The transaction is immediately debited to the Customer's credit card after verification of the card data, upon receipt of the debit authorization from the credit card issuer used by the Customer.
In accordance withArticle L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By providing his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if necessary, the numbers of the visual cryptogram.
In the event that the All-Inclusive Price cannot be debited, the Online Sale shall be immediately terminated and the Order cancelled.
The Seller shall use all means to ensure the confidentiality and security of the data transmitted on the Site.
8.1. Mode of Delivery
The Customer chooses one of the Delivery Methods offered on the Site at the time of placing the Order.
8.2. Delivery Address
The Customer shall choose a delivery address that must be located within the Territory, failing which the Order shall be rejected. The Customer shall be solely responsible for any failure to deliver due to a lack of information at the time of the Order.
8.3. Amount of Delivery Charges
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Costs shall be indicated to the Customer before the Order is validated.
8.4. Delivery times
Delivery times are available on the Site and may vary depending on the availability of the Goods ordered.
Delivery times are in working days and correspond to the average time required to prepare and ship the Order within the Territory.
The Delivery Times run from the date of the Order Confirmation by the Seller and the realization of the impression by a professional of our network.
8.5. Delayed Delivery
In case of delay in delivery, the Order is not cancelled.
Seller shall inform Customer by e-mail that Delivery will be delayed. If the delay is more than 15 days, Customer may decide to cancel the Order and shall send Seller an Order cancellation notice by e-mail.
If the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery shall be blocked and the Customer shall be reimbursed for any sums debited within fourteen days of receiving the cancellation notice. If the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Vendor shall then refund the sums debited and the return shipping costs incurred by the Customer within fourteen days of receipt of the return of the rejected package, complete and in its original condition.
8.6. Follow-up of the Delivery
The Customer can follow the progress of the Order in the space reserved for this purpose on the Web site.
8.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging as well as the Articles upon delivery.
It is the Customer's responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the Goods.
The Customer must also send a copy of this letter to the Seller. Failure to file a claim within the aforementioned time period shall extinguish any action against the carrier pursuant toArticle L. 133-3 of the Commercial Code. Customer shall ensure that the Goods delivered to it correspond to the Order. In case of non-conformity of the Goods in kind or in quality to the specifications mentioned in the delivery note, the Customer must inform DEYBA's customer service by e-mail and return the Goods to the address indicated, namely DEYBA - 19 RUE DU STADE - 52 240 BREUVANNES EN BASSIGNY.
The Vendor or the service provider is subject to the conditions of legal guarantees provided for in articles L. 217-3, L. 217-4, L. 217-5 of the Consumer Code and articles 1641 and 1648 of the Civil Code :
Article L. 217-3 of the French Consumer Code: "The seller shall deliver goods that comply with the contract and the criteria set forth in Article L. 217-5.
He answers for the defects of conformity existing at the time of the delivery of the good in the sense of the article L. 216-1, which appear within two years as from this one.
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point of the prescription of the consumer's action is the day of the knowledge by the latter of the lack of conformity."
Art. L. 217-4 of the French Consumer Code: "The goods conform to the contract if they meet the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
(4) It is updated in accordance with the contract."
Art. L. 217-5 of the Consumer Code: "I. - In addition to the criteria of conformity to the contract, the good is conform if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° If applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
(3) Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
(4) If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. - However, the seller shall not be bound by any public statements referred to in the preceding paragraph if the seller demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
(2) That at the time the contract was entered into, the public statements had been corrected in a manner comparable to the original statements; or
3° That the public statements could not have influenced the purchase decision.
III. - The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he has expressly and separately consented at the time of the conclusion of the contract."
Art. 1641 of the Civil Code: "The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lesser price for it, if he had known of them.
Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
The foregoing provisions are not exclusive of the application of the legal guarantee of conformity provided for in the Consumer Code and the legal guarantee of latent defects of Articles 1641 et seq. of the Civil Code, in accordance with the provisions of Article L. 217-22 of the Consumer Code.
The customer may exercise these guarantees by sending a request to :
Ann. art. D. 211-1, C. consom. The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty is applicable to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
The legal guarantee of conformity implies an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
(1) The trader refuses to repair or replace the property;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if the consumer bears the cost of installing the repaired or replaced good;
4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the good restored.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to warrant immediate reduction in price or rescission of the contract. The consumer is then not required to ask for the conformity of the digital content or service beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or service for the purpose of bringing it back into compliance suspends the warranty that was remaining until the digital content or service is provided in compliance again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover(Article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained or to a full refund in exchange for the waiver of the digital content or service.
Ann. art. D. 211-4, C. consom.The consumer is entitled to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during a period of one month from the provision of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for one month.
The legal guarantee of conformity gives the consumer the right to have the digital content or service brought into conformity without undue delay following his request, at no cost and without major inconvenience to him.
The consumer may obtain a price reduction by retaining the digital content or service, or the consumer may terminate the contract with a full refund in exchange for relinquishing the digital content or service, if:
(1) The professional refuses to bring the digital content or service into compliance;
(2) There is an undue delay in bringing the digital content or service into compliance;
3° The digital content or service cannot be brought into compliance without cost to the consumer;
(4) Bringing the digital content or service into compliance causes significant inconvenience to the consumer;
5° The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to warrant immediate reduction in price or rescission of the contract. The consumer is then not required to ask for the conformity of the digital content or service beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or service for the purpose of bringing it back into compliance suspends the warranty that was remaining until the digital content or service is provided in compliance again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover(Article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for the waiver of the digital content or service.
Seller's trademark DEYBA, as well as all trademarks, figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, design, model and patent which are the property of the Seller.
Please note that some information is mandatory and necessary to process your application. Failure to answer a mandatory field may jeopardize the proper handling of your file.
The personal information provided is recorded in a computerized file.
We will only process or use your data to the extent necessary to contact you, process your requests, create and manage your user profile, create and manage your access to our online services, or conduct statistical studies.
Your personal information will be retained for as long as necessary to perform our services, unless:
- You can exercise your right to delete your data under the conditions described below;
- A longer retention period is permitted or required by law or regulation.
During this period, we put in place all the necessary means to ensure the confidentiality and security of your personal data, so as to prevent their damage, deletion or access by unauthorized third parties.
Access to your personal data is strictly limited to our staff and, if applicable, to our subcontractors.
Such subcontractors are subject to a confidentiality obligation and may only use your data in accordance with our contractual terms and applicable law.
Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the amended "data protection" law of January 6, 1978 and the European Regulation No. 2016/679/EU of April 27, 2016 (applicable as of May 25, 2018), you have the right to access, rectify, portability and deletion of your data or to limit the processing. You may also, on legitimate grounds, object to the processing of your data.
You can, subject to the production of a valid proof of identity, exercise your rights by contacting Thierry Lenat at contact@debya.fr.
If you do not wish to receive our news and solicitations (by phone, SMS, mail or e-mail) and invitations, you can indicate this to us via the link reserved for this purpose, to modify your choices by contacting us under the conditions mentioned above or, if necessary, by modifying the parameters of your online profile. The same applies if you do not wish to receive news, invitations or promotional offers from our partners.
For any additional information or complaint, you can contact the Commission Nationale de l'Informatique et des Libertés (more information on www.cnil.fr).
Finally, we would like to inform you of the existence of the "Bloctel" list of opposition to telephone canvassing, on which you can register(https://conso.bloctel.fr/).
Seller's performance of its obligations under this Agreement shall be suspended in the event of the occurrence of an act of God or force majeure that impedes or delays performance.
The Seller shall notify the Customer of the occurrence of such an act of God or force majeure within fifteen days from the date of occurrence of the event.
If Seller's performance is suspended for a period in excess of fifteen days, Customer may terminate the current Order and Seller shall refund the Order in accordance with the foregoing.
If any provision of this Agreement is invalidated, such invalidity shall not invalidate the remaining provisions of the Agreement which shall remain in full force and effect between the Parties.
Any amendment, termination or waiver of any of the provisions of this Agreement shall be effective only upon written and signed agreement between the Parties.
Neither party may make any commitment in the name of and/or on behalf of the other party. Furthermore, each of the Parties remains solely responsible for its allegations, commitments, services, products and personnel.
The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein, shall not be interpreted for the future as a waiver of the obligation in question.
All notices required to be given under this Agreement shall be deemed to have been given if made by registered letter with return receipt requested to the following addresses
To the Seller : DEYBA - 19 RUE DU STADE - 52 240 BREUVANNES EN BASSIGNY
UnderArticle L. 612-1 of the Consumer Code "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute between him and a professional. "
The disputes falling within the scope ofArticle L. 612-1 of the Consumer Code are the disputes defined inArticle L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
For any difficulty, we invite you to contact us beforehand or to contact our after-sales service:
SAS SAFEILM - Mr LENAT Thierry - 19 rue du stade 52240 BREUVANNES EN BASSIGNY
E-mail: contact@debya.fr
Tel : 06 81 62 36 99
03 to set up
This Agreement shall be governed by French law.
Any dispute arising from the formation, interpretation or execution of this Contract will be under the exclusive jurisdiction of the courts of the jurisdiction of the Commercial Court of CHAUMONT (Haute-Marne), notwithstanding multiple defendants or third party claims.