General conditions of sale
These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by Darrkarra Auto entrepreneur, whose registered office is located at 1A Rue du Canal des Rohan, 67700 Monswiller (hereinafter “Darrkarra”).
We will then designate:
“Site”: the site www.darrkarra.com and all of its pages.
“Products” or “Services”: all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
“Seller”: Darrkarra, legal or natural person, offering its Products or Services on the Site.
"Customer": the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity".
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.
Article 1 - Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the Site. The GCS applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers the online sale of Creations of objects.
The Site is open and free to all Customers. The acquisition of a Product or a Service supposes the acceptance, by the Customer, of the entirety of the present GCS, who recognizes by the same fact to have read them fully. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the proof value of the Vendor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 2 - Creation of a customer account
The creation of a “customer account” is a prerequisite for any Customer order on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility of accessing it by logging in using their identifiers (e-mail address defined during registration and password) or possibly by using systems such as third-party social network connection buttons. . The Customer is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they have only an informative character intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example having any exhaustive character, when the Customer has knowingly provided erroneous information, when registering and of the creation of his personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts justify it.
Article 3 - Method of subscribing to orders and description of the purchase process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
We will define below as "Basket" the immaterial object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, and this, until the validation thereof.
Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these GCS relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Price and terms of payment
Unless otherwise stated, the prices appearing in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
Darrkarra reserves the right at any time to modify its prices and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by PayPal or Bank Transfer. Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these GCS only begin to run from the date of actual receipt of payment by the Seller, the latter being able to bring proof by any means. The availability of the Products is indicated on the Site, in the description of each Product.
Darrkarra will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries
The delivery costs will be indicated to the Customer before any payment. The Site has no geographic limitation of delivery, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the DOM-TOM, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to Article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, if no date or deadline is indicated when ordering, greater than thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Consumer Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied . The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 6 - Exceptions to the right of withdrawal
The Site offers the sale of the following Products, for which the Consumer Customers' right of withdrawal cannot apply, pursuant to Article L.221-28 of the Consumer Code:
The Customer acknowledges having read this list, notified prior to the sale in these GCS.
Services starting immediately after purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal. The right of withdrawal cannot be exercised in the context of the supply of digital content not supplied on a material medium, the execution of which began before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.
Article 7 - Product Warranty
Legal provisions to reproduce
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; except for second-hand goods, it is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arises in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to Articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the Consumer Code, "the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".
On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore did not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unsuitable for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have bought it at such a price if he had known about the defect).
Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site.
In the event of non-compliance of a Product delivered, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then borne by the Seller.
Section 8 - Customer Service
The customer service of this Site is accessible by e-mail at the following address: Darrkarra@gmail.com or by post at the address indicated in the legal notices.
Article 9 - Liability
The Seller Darrkarra cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.
The choice and the purchase of a Product or a Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or the Service allows withdrawal, according to the article L 221-18 and following of the Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any case, Darrkarra can in no way be held responsible:
any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the use of a browser little used by the Customer;
the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site have no contractual nature, the responsibility of the Seller cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 10 - Intellectual property rights
All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting.
Any Customer who is guilty of infringement would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the Seller or his agent.
The trademarks and logos contained in the Site may be registered by Darrkarra, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, distributions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 11 - Independence of clauses
If any provision of the T&Cs is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs replace any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer himself.
A printed version of the T&Cs and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these GCS must be written in the French language.
Article 12 - Applicable law and mediation
These T&Cs are governed by and subject to French law.
Except for provisions of public order, any disputes that may arise in the context of the execution of these GCS may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided, of public order, any legal action relating to the execution of these GCS shall be subject to the jurisdiction of the courts within the jurisdiction of the place of residence of the defendant.
According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system”.
As such, Darrkarra offers its Consumer Clients, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
Mediator from the Médicys approved mediation center
It is recalled that mediation is not mandatory but only offered in order to resolve disputes by avoiding recourse to justice.
All rights reserved - September 12, 2019