Terms of Sales
All orders placed on the Seller’s website are subject to and executed in accordance with these General Conditions of Sale. Studio Dakota reserves the right to modify the content of these Conditions at any time, it being understood that the version of the Conditions applicable to any consumer’s order remains that in force on the day of this order.
ARTICLE 1 – Vendor’s presentation
The website accessible under the address https://maison-dakota.com/ (hereinafter “the Site”) is operated by the company Studio Dakota SAS with a capital of 10.000 € (hereinafter « the Seller »), whose contact details are as follows :
Head office : 99 Boulevard de la Reine, 78000 Versailles (France)
Registered at RCS of Versailles under the n° 908 182 124
Email : hello@maison-dakota.com
Phone : + 33 (0) 1 39 51 32 00
VAT NBR : FR05908182124
The seller adheres to CITEO, n° IDU : 588713
ARTICLE 2 – Scope of the General Conditions of Sale
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded between the Seller and consumers or non-professional buyers (hereinafter “the Customer(s)”) wishing to acquire the products offered for sale by the Seller on the Website (hereinafter “The Products”).
Any order placed on the Site is subject to acceptance of these General Conditions of Sale. Acceptance by the Customer is demonstrated by checking the box provided for this purpose before validating their order. By this acceptance, these General Conditions of Sale are deemed to have been accepted by the Customer without restriction or reservation.
ARTICLE 3 – Products offered for sale
The Products offered for sale on the Website are cosmetic products, such as solid care or skin care.
The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations, are described on a case-by-case basis as explicitly as possible on the Website. The Customer is required to read it before placing any order.
The photographs and graphics presented on the Website are for illustrative purposes only. They are not contractual and cannot engage the liability of the Seller.
Product offers are within the limits of available stocks, as specified when placing the order.
ARTICLE 4 – Orders
The choice of the type of Product that the Customer wishes to purchase and its order on the Website are made under the sole responsibility of the Customer. The order is carried out exclusively online.
A summary of the order can be viewed in the Customer’s basket on the Website before the Customer confirms their purchase. It will be the Customer’s responsibility to check the details of his order, its total price and to correct any errors before any order validation.
Once the order has been placed by the Customer, that is to say after confirmation and payment of the order, the Seller sends as soon as possible, to the email address that the Customer indicated when placing the order, an order confirmation by email, including all the information provided by the Customer and in particular:
− the essential characteristics of the product ordered,
− the indication of the price including tax including the price of the product ordered as well as the amount including tax of delivery costs,
− where applicable, the discount applied if such a discount applies,
− delivery terms and times,
− where applicable, any difficulties or reservations relating to the order placed.
If the Customer benefits from a promotional code applicable to his order, then this must be entered in the basket before confirmation of the purchase and before the payment stage of the order so that it is taken into account in the final price. The discount will be immediately applied to the order provided that the conditions of use of this discount are respected: validity date, products covered by the promotion, minimum purchase value. Only one promotional code can be applied per order.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller.
ARTICLE 5 – Prices
The Products are supplied at the current prices appearing on the Website, when the order is registered by the Seller. Prices are expressed in Euros, all taxes included (TTC), excluding delivery costs. The applicable VAT rate is that in force on the day of your order. Delivery costs are also indicated on the website, all taxes included (TTC) and are invoiced in addition and brought to the attention of the Customer prior to placing the order.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered. On this invoice the Customer will be reminded of:
− details of the product price and delivery costs.
− the contact details of the department to which the Customer may submit any complaints and the conditions under which these complaints must be made, the extent of the Seller’s liability.
ARTICLE 6 – Payment terms
The Products offered by the Seller are delivered to the Customer in return for a price which must be paid, online, in full and immediately when the order is placed by the Customer, using the secure Stripe payment system, by the one of the following accepted payment methods: Visa, MasterCard.
By choosing an electronic payment method, the Customer accepts that some of his personal data will be transmitted to the payment service provider during online payment. Indeed, in accordance with the legal provisions applicable to strong customer authentication (EU Directive 2015/2366 of the European Parliament and of the Council of November 25, 2015 on payment services 2nd version PSD2), the Seller is required to transmit certain personal data regulated by law to the payment service provider when making an online payment.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the restitution of the corresponding sums.
ARTICLE 7 – Delivery of ordered Products
The Products ordered by the Customer on the Website will be delivered only in mainland France. Delivery is made by post with a tracked package within seven (7) working days from dispatch of the order to the address indicated by the Customer when ordering on the Website.
The Customer is required to check the condition of the packaging as well as the products upon delivery. It is up to him to issue the reservations and complaints that he considers necessary, or even to refuse the package, when the package is clearly damaged on delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three (3) days, excluding public holidays, following the date of delivery of the products. The Customer must also send a copy of this letter to the Seller. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with article L. 133-3 of the Commercial Code.
The Seller undertakes to deliver to the Customer products conforming to their order (product type, quantity) and of high quality. The Customer must, however, ensure that the products delivered to him correspond to his order. In the event of non-compliant delivery or defect of the product(s), the Customer must immediately inform the Seller’s customer service in writing at the email address hello@maison-dakota.com and return the products to the following address:
STUDIO DAKOTA SAS
99 Boulevard de la Reine, 78000 Versailles (France)
The product concerned, sealed (not removed from its packaging) and unused, must be returned to this address, without undue delay and, at the latest, within fourteen (14) days following written information to customer service.
The Seller will exchange the Product as soon as possible and at the latest within 14 (fourteen) days following receipt of the notification of exchange request sent by the Customer. In any case, this exchange will not incur costs for the Customer, unless the Customer has chosen a more expensive delivery method for the return of the product than the standard delivery method offered by the Seller. In this case, these additional costs will be the responsibility of the Customer.
In the absence of a complaint from the Customer under the aforementioned conditions, the Customer will be deemed to have accepted the product as is and any contractual liability of the Seller will be excluded.
ARTICLE 8 – Right of withdrawal
With regard to the public health code, cosmetic products, such as the Products sold on the Site, are qualified as regulated pharmaceutical products. Thus, when they are unsealed (removed from their original packaging) by the consumer after delivery, they cannot be returned for reasons of hygiene or health protection, and this in accordance with the provisions of the article L.221-28-°5 of the Consumer Code. Any right of withdrawal is therefore excluded to the extent that the Customer has unsealed (removed from their packaging) the Products delivered.
If the Customer has not unsealed the delivered products, that is to say if the delivered products are still in their original packaging, he has a period of fourteen (14) days from receipt of the Products to exercise a right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition, without undue delay, and at the latest within fourteen (14) days following notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal may be exercised by sending the withdrawal form displayed below or any other declaration, unambiguous, expressing the Customer’s desire to withdraw, or by email to the address hello@maison-dakota.com either by post to the address of STUDIO DAKOTA sis 99 Boulevard de la Reine, 78000 Versailles (France).
WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://maison-dakota.com/ except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
STUDIO DAKOTA
99 Boulevard de la Reine, 78000 Versailles (France)
hello@maison-dakota.com
I hereby notify the withdrawal of the contract relating to the order of the products below:
Ordered on ……… / Received on ………
Order number: ……………………………………… …………..
Client name : ………………………………………. ………………………..
Customer Address: …………………………………… …………………….
Signature of the Client (only in the event of notification of this form on paper):
Date : ……………………………
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded. Return costs remain the responsibility of the Customer.
The refund will be made within fourteen (14) days from the Customer’s notification to the Seller of the withdrawal decision.
ARTICLE 9 – Seller’s responsibility – Warranty
The Seller is liable for defects in the conformity of the goods with the contract under the conditions of Article L217-3 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
9.1 – Legal guarantee of conformity
When the Customer acts as a guarantee for lack of conformity (article L217-3 et seq. of the Consumer Code) the following rules apply:
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the good 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 guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the item is repaired within the framework of 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 requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the goods;
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 for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;
4° The non-compliance of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the item for repair or replacement suspends the warranty which remained to run until delivery of the restored item.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against 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 item is kept or to a full refund against return of the item.
9.2 – Legal guarantee against hidden defects
The Customer may decide to implement the legal guarantee against 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 item is kept or to a full refund against return of the item.
9.3 – Exercise of rights
The Customer may exercise his rights by sending his request to:
STUDIO DAKOTA
99 Boulevard de la Reine, 78000 Versailles (France)
hello@maison-dakota.com
ARTICLE 10 – Protection of personal data
With regard to the protection of personal data, the Customer is invited to consult the Privacy Policy available on the website.
ARTICLE 11 – Intellectual property
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 12 – Applicable right
These General Conditions of Sale and the operations resulting from them are governed by French law without prejudice to the application of the law of the country of residence of the consumer in application of the Rome Convention.
ARTICLE 13 – Dispute resolution – Mediation
All disputes to which the purchase and sale operations concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved amicably between the Seller and the Customer will be submitted to the Paris Commercial Court, without prejudice to the public order provisions governing jurisdiction over consumers. It is agreed that any dispute between the Seller and any merchant who has placed an order with the Seller for its business falls under the exclusive jurisdiction of the Paris Commercial Court.
In the event of a dispute that the parties are unable to resolve amicably and under the provisions of Article L. 612-1 of the Consumer Code, the Customer has the right, as a consumer, to have recourse free of charge. to the services of a consumer mediator in the event of a dispute.
The Seller reports to the following mediation center:
CNPM MEDIATION CONSOMMATION SAS
27, avenue de la Libération
42400 Saint-Chamond
https://www.cnpm-mediation-consommation.eu/
Phone : +33 (0)9 88 30 27 72
Email address: contact-admin@cnpm-mediation-consommation.eu
Furthermore, at the European level, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of disputes in line between consumers and professionals in the European Union. This platform is accessible via the following link: http://ec.europa.eu/consumers/odr/.
ARTICLE 14 – Client contact
For any questions, the Customer can contact the Seller via the contact form on the Site here or at the following email address:
