TERMS OF SALES

 

COMPANY INFORMATION

VAT number: FR 07510348006

Headquarters:

DG Systeme - 506 route de draguignan - 83510 Lorgues

Any purchase of a Product on the Site implies express and unreserved acceptance by the Customer of the GTCS and the Personal data protection policy which the Customer acknowledges having read, by checking the box provided for this purpose when creating his account and confirming his order.

The GTC replace entirely the previous versions of the general conditions of sale, which, consequently, no longer apply.

1. Order

The Products for sale on the Site are reserved for people with full legal capacity to place orders on the Site. 



1.1 Creation of a customer account

Before any order, the Customer must create an account on the Site. The "  Registration / Connection " section is accessible directly on the main page.

The information required to create the account are: a valid e-mail address and password, surname, first name, company name, telephone number, a billing address and a VAT number.

During each new visit, if he wishes to place an order or consult his “ Registration / Connection  ” area, the Customer must identify himself beforehand using his strictly personal and confidential information chosen by him.

The Customer is required to preserve the confidentiality of his identifiers. In the event of loss, forgetting or misuse of his identifiers by a third party, the Customer must immediately inform Dg Spare parts by contacting customer service.

DG Spare Parts informs the Customer that the creation of his personal account on one of the websites is a single account. Your username and password remain unchanged for any connection to the Dg Spare parts website. If the Customer requests the deletion of his personal data linked to his client account, then the deletion will be automatically carried out on all Dg spare parts websites.

1.2 Purchase

To make a purchase, the Customer must place his order directly on the Site.

The Customer selects the Product (s) corresponding to his search and adds it (s) to his basket. 

Dg spare parts takes all the necessary steps to ensure the reliability of this information on its Site. Despite daily monitoring and updating, DG spare parts cannot be held liable for any technical inaccuracies, typographical errors or omissions that the content of the Site may contain, nor for the results that may be obtained by the use of these informations.

The Customer acknowledges that the photographs, information and visuals of the products presented on the Site are in no way contractual. Under no circumstances will DG spare parts be held responsible for any fact related to the image of the Product concerned.

The Customer is required to provide all the information necessary for the proper execution of the delivery of the Product: name, first name, delivery address and billing address if different, telephone number.

If the Customer already has an account on the Site and wishes to confirm his order, he will be automatically redirected to an identification page and will be required to identify himself from the "tab registration / Connection ". If it is a new Customer, he must follow the steps for creating an account from the "" tab. registration / Connection ".

At this stage, the order is the subject of a summary indicating the following elements: Product (s), quantity (s), unit price, possible reductions, delivery method, delivery costs and total amount of the order.

The Customer may return to his order, complete it, modify it or cancel it as long as he has not validated it. Once the Customer has clicked on the “Validate my basket” button, the order will be validated.

This validation is subject to prior knowledge and express and unreserved acceptance, via a checkbox, of these T & Cs and of the Personal Data Protection Policy by the Customer, and implies an obligation to pay.

Once the basket has been validated, the Customer will choose his delivery address and then his method of payment.

Once these three steps, validation of the basket, choice of delivery and choice of payment method made by the Customer, Dg Spare parts sends the Customer an order validation email within twenty-four (24) hours of from the recording of the Customer's order. If the Customer does not receive the order validation e-mail within the period indicated, Dg Spare parts invites them to contact Customer Service.

The sale is considered final from the registration of the order after receipt of the order validation email. At this stage, the order status appears as “Order confirmed” in the “My orders” section of the Customer's “My account” area.

It is specified that the collection by Dg Spare parts of the entire amount of the order will be made at the time of confirmation of the order; the confirmation of the order will be notified by e-mail to the Customer and via the status “Order confirmed” in the “My orders” section of the Customer's “My account” area.

In the event of an incident relating to the Customer's order, in particular a payment or supply incident, a problem related to the unavailability of the Products, an order anomaly, Dg Spare parts undertakes to inform the Customer thereof via the information communicated by the latter at the time of the last update carried out on his account.

2. Availability of products

The Products offered are those which appear on the Site, within the limit of available stocks Dg Spare parts and its suppliers.

The Customer acknowledges that the availability of the Products, provided by Dg Spare parts at the time of placing the order and upon receipt of the order confirmation email, is provided for informational purposes only. Despite a regular update of stocks, an availability gap may occur between the stock indicated on the Site at the time of validation of the order by the Customer and the stock actually available when recording the validation of the order by Dg Spare parts. In this context, indications on the availability of the Products are provided at the time of confirmation of the order.

In the event of a shortage of stock, Dg Spare parts will find out whether it has an equivalent Product meeting the same technical characteristics, of similar quality and price, and will offer a replacement Product to the Customer.

If there is a price difference between the Product ordered and the Product delivered, it will be treated as follows:

  • in the event that the value of the replacement Product is greater than the amount of the Product initially ordered by the Customer, the difference of amount between the amount of the Product ordered and the amount of the Product delivered will not be invoiced to the Customer. Dg Spare parts will bear the cost of the difference and will invoice the Customer for the amount of the price of the Product ordered.

  • in the event that the value of the replacement Product is less than the amount of the Product initially ordered by the Customer, the difference in amount between the amount of the Product ordered and the amount of the Product delivered will be adjusted in favor of the Customer. Dg Spare parts updates the price, downwards, at the time of confirmation of the order and the amount withdrawn from the Customer will be the price of the replacement Product.

The Customer may refuse the replacement Product by following the return terms provided for in article 8 of these GTC.

If no Product meeting the above criteria is found by DG spare parts, the Customer will be notified directly in his “My Account” Customer area in the “My orders” section by a mention “Canceled”, as well as by e -mail, as soon as possible. Dg Spare parts will then proceed with the partial or total cancellation of the order.

Dg Spare parts reserves the right to modify its catalog of Products available on the Site at any time. Each Product is presented on the Site in the form of a description showing its main technical characteristics.

3. Price

3.1      All prices are expressed in Euros, excluding taxes and excluding other rights, transport & handling costs, among other costs, which remain due by the customer. 

3.2    The customer is responsible for the indication of his own valid and correct VAT number and releases the seller from any liability, costs, problem or procedure resulting from the indication of a false or incorrect VAT number or the indication a VAT number that is not his. 

3.3    The prices are based on the economic conditions, taxes or duties applicable at the time the order is placed, as well as on the prices of the vendor's suppliers and subcontractors.

3.4.    They can be modified without notice, according to the variation of these elements, whatever the cause.

3.5    The seller reserves the right to withhold the shipment of goods until an order has been fully paid.

3.6.    Bank charges linked to an order are not included in the price and are due by the customer.

4. Delivery costs

4.1    Deliveries will be made according to the availability of the goods. Unless otherwise stated in writing, the delivery dates given by the seller are only indicative. The customer will not be able to use the delay in delivery as a justification for canceling the purchase, rejecting the goods or claiming compensation.

 

b.    If the customer, after formal notification, does not take delivery of the goods, the seller will have the right, without prejudice to any claim for damages, to perform the contract or to consider it automatically terminated, any advance on order being forfeited to the seller's profit.

 

vs.    If the deliveries are staggered, failure to comply with one of them, in whole or in part, will have no effect on the other deliveries.



For certain categories of Products or certain modes of transport, delivery costs may be reduced or offered (free delivery).

5. Payment terms

5.1methods

Before selecting the payment method of his choice, the Customer must first:

  • add the Products he wishes to order in the basket;

  • modify, if necessary, his order (quantities, references, etc.);

  • check their delivery address or enter a new one, if applicable;

Once these steps have been completed, Dg spare parts offers the Customer four means of payment to choose from via a secure transaction:

  • By bank card with immediate or deferred payment (CB, VISA, MASTERCARD, AMEX);

  • By PayPal (through the PayPal system);

  • By bank transfer

6. Delivery

6.1 Terms of delivery

a.    Deliveries will be made depending on the availability of goods. Unless otherwise stated in writing, the delivery dates given by the seller are only indicative. The customer will not be able to use the delay in delivery as a justification for canceling the purchase, rejecting the goods or claiming compensation.

b.    If the customer, after formal notification, does not take delivery of the goods, the seller will have the right, without prejudice to any claim for damages, to perform the contract or to consider it automatically terminated, any advance on order being forfeited to the seller's profit.

vs.    If the deliveries are staggered, failure to comply with one of them, in whole or in part, will have no effect on the other deliveries.

6.2 Delivery anomalies

Dg Spare parts monitors the delivery times for packages delivered to carriers. However, if the Customer notices a delivery anomaly (delay, change of pick-up point, loss of tracking, etc.), the Customer is invited to contact Customer Service in order to find a solution as soon as possible.

Absence of the Customer

The Customer is required to provide all the information necessary for the proper execution of the delivery of the goods: last name, first name, delivery or pick-up and billing address if different from the delivery address, telephone number.

If the Customer is absent on the day of delivery, a calling card will be left by the carrier. The Customer can thus organize with the carrier the withdrawal of the Products ordered within the period indicated by the latter:

After these deadlines, the Products will be returned automatically to Dg Spare parts.

In the event of difficulties, the Customer must inform Dg Spare parts thereof within the same timeframe.

Delays

Dg Spare parts makes every effort to meet the delivery times of the Products linked to the order and according to the delivery method chosen by the Customer. In any event, the delivery times (preparation time and delivery time) may not exceed thirty (30) days from the validation of the order. After these deadlines, the Customer may proceed to the resolution of the sale by written request (e-mail, letter, online on "My account"), excluding a case of force majeure.

In the event of a significant delay in the preparation and sending of his order, Dg Spare parts invites the Customer to contact Customer Service in order to find a solution as soon as possible.

Parcel control - Damage

Depending on the carrier selected, the parcel is delivered to a collection point against signature, at home in person (with or without signature) or directly in the Customer's letterbox.

Whatever the method of delivery of the package, the Customer is required to check, at the point of collection or with the delivery person, the condition of the Product packaging as well as the contents of the package upon delivery. In the event of a problem, the Customer is invited to express their reservations in writing on the attendance sheet or any other medium presented for this purpose by the carrier. Once the reservations have been made, the Customer will have the carrier sign the sheet and keep a copy.

The Customer may, if necessary, refuse the package. Any refusal by the Customer must be made to the carrier within 3 working days of receipt of the Products.

If the Customer fails to notify their reservations within the time limit, the Customer is deemed to have accepted the Products without incident (s), damage (s) or anomaly (s). The Products delivered will thus be deemed to be free from any defect and no claim, due to damage, missing product, damaged package, parts broken upon receipt, can not be validly accepted by Dg Spare parts.

However, the Customer retains the benefit of the legal guarantee, compliance and hidden defects.

7. Return of products

  • Orders placed by the customer on the website are final and cannot be canceled.

  • The customer is therefore aware of the fact that he is bound by his purchase as soon as he has made the payment online.

  • Goods purchased on the website cannot therefore be returned by the buyer, unless the seller is required to take them back under the provisions of article 8 (right of withdrawal).

8. Right of withdrawal

Exercise of the right of withdrawal

The Customer has a statutory withdrawal period of fourteen (14) days from receipt of the Product ordered to exercise his right of withdrawal. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

If he wishes to exercise his right of withdrawal, the Customer must notify Dg Spare parts, within this period of fourteen (14) days, of his decision to withdraw, by making an unambiguous statement setting out his decision to withdraw and by returning the Product (s) concerned.Exercise of the right of withdrawal The item can be returned under the following conditions:

1) Quality problem was found after opening the package.

2) The item is different from the order list.

3) The item is damaged beyond repair in transit.

Returned items are considered invalid under the following conditions:

1) The item is still working even if there is damage during transportation.

2) No complaints are made until 14 days after receipt of the products by the customer.

3) Item is returned due to different color or packaging which has no effect on the product.

4) The item has been installed and the defect was found after installation

Remark: The returned item will only be exchanged with an item of the same style; If such an item is out of stock, it is acceptable to exchange it with another item from our website but of equal value. The returned item must be intact and in its original packaging. Please provide the following information when returning products: product names or codes, problems encountered, and your order information. Return procedure: If a serious problem is detected within 14 days of receiving the products, you must contact customer service and our staff will help you find a solution within 2 working days. Refund of the Customer in the event of exercise of the right of withdrawal Subject to compliance by the Customer with the above terms, Dg Spare parts undertakes to reimburse the Customer for all costs incurred no later than fourteen (14) days from receipt of the request for withdrawal from this one. Nevertheless, Dg Spare parts is not required to refund the additional costs for delivery method. Dg Spare parts reserves the right to defer refund until the returned Products are recovered and tested. Refund will be made with the same means of payment as that used by the Customer during his initial order, unless reimbursement by the initial means of payment proves impossible or, if the Customer and Dg Spare parts agree on a means different.

The Customer notifies his decision to withdraw by submitting his request accompanied by the order number:

  • either directly on the Site,

  • or by e-mail,

  • or by post to the following address: Dg systeme - 506 route de draguignan- 83460 - Lorgues

9. Responsibilities and guarantees

9.1 Responsibility

Dg spare parts makes its best efforts to offer quality service to the Customer. The Client nevertheless acknowledges that Dg spare parts is only bound by an obligation of means.

The Customer is solely responsible for the choice and selection of the Products, their conservation and their use. Thus, it is the Customer's responsibility to ensure the compatibility of the Products chosen with their equipment and to check the characteristics of their equipment before placing an order.

Given the technical nature of certain Products sold, the Customer must strictly comply with the manufacturer's technical prescriptions and safety recommendations, relating in particular to the storage, assembly and use of these Products.

The Customer is required to refer to the instructions for use and / or assembly supplied with the Product ordered.

The Customer acknowledges that the proper functioning of the Site is subject to the conditions of access to the Internet network and to its possible limits and restrictions (coverage, saturation, availability). The responsibility of Dg spare parts cannot therefore be engaged on this basis.

The photographs and illustrations accompanying the Products on the Site have no contractual value. 

Dg spare parts cannot be held responsible for:

  • any damage resulting from the installation or use of the Products by the Customer. by itself,

  • in the event of incorrect, incomplete or incorrectly provided contact details by the Customer (delivery addresses, financial transactions: payments according to the method chosen by the Customer, transmission of RIB-IBAN to DG spare parts for refunds, Product references entered by the Customer and identified by Dg spare parts on the Site, customer account usurpation),

  • any event resulting from a case of force majeure that would delay or prevent the performance of its obligations,

  • content of sites directly or indirectly linked to the Site and which are not under the control of Dg spare parts.

Unless there is a public or imperative provision, for all damages and losses that may appear to be a consequence of the total or partial non-performance or of a faulty performance of its contractual or extra-contractual obligations, Dg spare parts will only be liable to the extent only real damages and losses proven by the Customer which are the immediate consequence thereof without the total amount of damages to be paid by DG spare parts, all operative events combined, cannot exceed the amount of the invoice of la vente concernée.

This limit also applies to all the consequences, including refunds by equivalent, which would oppose Dg spare parts in the event of nullity or resolution of the sale. Dg spare parts shall in no event be liable for consequential damages suffered by the Customer such as, without limitation, loss of income, loss of turnover, loss of profits, loss of expected savings, or any damage , indirect or derived cost or expense. 9.2 Warranties has. Goods sold by Seller are warranted to the extent that Seller's suppliers provide a warranty on the goods they sell and/or produce. b. The customer must inspect the goods upon delivery. The items will be considered accepted by the customer if the customer has not given complete and detailed instructions to the carrier on the delivery note. vs. Acceptance will cover all defects which the customer may discover or should have discovered at the time of delivery of the goods (external and visible defects) or within the following 72 hours (defects inside the packaging) during a thorough check, including the differences between the goods sold and those delivered in terms of models. d. The seller guarantees that his goods have no hidden defects. A hidden defect will mean significant defects that the customer could not discover at the time of delivery of the goods, caused by faulty material or poor workmanship. Only defects which materially reduce the usefulness of the goods for their normal use will be covered by this article. e. This warranty is limited to latent defects which have been notified to the seller, in detail, in writing and by registered letter, within ten (10) days following the discovery of the latent defect and, in any case, at the latest during the period one (1) month from the date of delivery. f. In all cases, the seller's liability under this warranty will be limited to the replacement of defective goods. Goods should not be returned until written consent has been received from Seller.

g. The Seller shall make no warranties, express or implied, in respect of the Goods other than as set forth in this clause. The customer will not have the right, in other circumstances different from those stipulated in this clause, to return or exchange the goods sold. Any liability of the seller for consequential damage in respect of the goods, including for loss of profits or contracts of the customer or damage caused by the goods to other property or to the environment is expressly excluded. h. The limited warranty is void if: 1. Customer fails to present the AMR received from Seller in response to Customer's complaint, 2. the goods are not returned with their original labels and packaging which protect them during normal transport handling, 3. the goods returned for exchange are not accompanied by proof of purchase showing the date of purchase and the price paid, 4. the warranty has been transferred, 5. the goods have been willfully mishandled, abused or misused i. In the event that the return of the products is accepted, the seller reserves the right to exchange the product, or to grant a purchase credit for the value of the returned product. Under no circumstances can products purchased on the website be refunded. » 10. Force majeure Dg Spare parts cannot be held responsible towards the Customer for a delay or a non-execution of one of its obligations when there is a case of force majeure. These cases include, but are not limited to: Acts of God, acts of government, war, terrorist attacks, fires, floods, explosions, power cuts, computer disturbances or civil disturbances.

Dg Spare parts reserves the right to suspend or terminate the Sale, totally or partially, in the event of force majeure defined as any event likely to stop, reduce, delay or make the sale of the Products economically and significantly less profitable. or to prevent the normal execution of the sale.

The Customer may not then claim any compensation from Dg spare parts.

11. Personal data

Dg Spare parts acts as responsible for the collection and processing of your personal data.

Dg Spare parts implements measures to guarantee the confidentiality, security and integrity of the Customer's personal data, and undertakes that its service providers to whom it subcontracts services guarantee the same level of security as his.

Dg Spare parts expressly invites the Customer to read its Personal Data Protection Policy.

12. Intellectual Property

The Customer acknowledges that all of the content appearing on the Site, including in particular: the domain name, trademarks, texts, graphics, photographs, drawings, sounds, data, images, audios and videos , but also the Dg Spare parts tree structure, its navigation plan, its logos, the design and organization of its sections, their titles, the databases, their structures and their content, existing or future, are protected and are the exclusive property of Dg Spare parts.

Consequently, except with the express and prior authorization of Dg Spare parts, all reproductions, representations and uses by the Customer are prohibited. Any breach by the Customer of these obligations would constitute an infringement.

13. Applicable law and settlement of disputes

The T&Cs are subject to French law.

For any complaint, the Customer is invited to contact our Customer Service:

* either by telephone on the number 09 81 65 38 80 (number not surcharged, price of a local call, Monday to Friday from 9:00 a.m. to 5:00 p.m. except public holidays), indicating the order number.,

* or by e-mail to the following address commande@dgspareparts.com via the contact page.

In the absence of an amicable settlement, any dispute will be submitted to the French courts.

Any purchase of a Product on the Site implies express and unreserved acceptance by the Customer of the GCS and the Personal Data Protection Policy, of which the Customer acknowledges having read, by checking the box provided for this purpose when creating of his account and the validation of his order.

The T&Cs completely replace previous versions of the general terms and conditions of sale, which therefore no longer apply.

The T&Cs constitute the entire agreement between Dg spare parts and the Customer. If one of the provisions of the GCS turns out to be invalid or not applicable, it in no way affects the other provisions.

No tolerance or delay by Dg spare parts in the implementation of its rights may prejudice or restrict the rights of Dg spare parts, and no waiver of these rights and no waiver of the right to rely on a breach of contract shall be deemed to constitute a waiver of other rights or to rely on a subsequent breach of contract.

Dg spare parts reserves the right to modify its GCS at any time, in particular to develop its services or to comply with any new applicable regulations. The applicable GCS will be those in force on the date of the order by the Customer.

The Customer is therefore advised to regularly consult the T&Cs on the Site to stay informed of any new updates.

14. Export/import control

Customer agrees to comply with all export/import control laws. Customer agrees not to export/import any merchandise from/to a country in violation of any export/import control law without first obtaining all necessary licenses or permits. Customer warrants that it is not under the control of, national of, or resident in any country to which the export/import of the Goods is prohibited by export/import control laws.