These general conditions define the rights and obligations following the purchase by the customer of products presented in this catalog – DARWIN is a registered trademark.
The seller: DARWIN
The customer: the consumer or the retailer
has the following coordinates:
12 Rue Jean Milon, 35000 RENNES
1-Definitions and preamble:
These general conditions of sale can be modified at any time, without notice by the seller.
All products in this catalog are payable in cash upon order, payable to Thomas Veys.
The validation of an order by a customer presupposes the reading of these general conditions and implies full acceptance thereof.
Upon validation of the order, a commercial contract is established between the seller and the customer; the latter undertakes to pay for the goods within 7 working days. If payment is not received within the time limit, the order will be canceled and the items will automatically be put back on sale.
2-Retention of title:
The goods remain the entire property of DARWIN until confirmed receipt of the total payment (French law n ° 80.335 of 12/05/80).
3-Credit card fraud:
Clause only applicable to the extent that the seller is able to accept payments by credit card
A shipment may be delayed for any payment by credit card that seems suspicious to us. The goods will not leave until the successful payment is made.
Order analysis system (Fraud detection):
Information relating to your order is subject to automated data processing for which the company Paypal is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
Paypal and the merchant from whom you make your purchase are the recipients of the data relating to your order. The non-transmission of data relating to your order prevents the completion and analysis of your transaction.
The occurrence of an unpaid due to fraudulent use of a bank card will result in the entry of contact details relating to your order associated with this unpaid within a payment incident file implemented by Paypal. An irregular declaration or an anomaly may also be the subject of specific treatment.
Invoice excluding tax, in accordance with the General Tax Code – Article 293 B. Prices may be revised upwards or downwards without notice. All orders will be paid for at the price indicated when ordering and will not be subject to any price variation.
For professionals: a professional price can be agreed by the company DARWIN at the request of the professional client. A pro-format quote or invoice will be established.
A minimum recommended retail price will be provided to any reseller of DARWIN SHAVING products who undertake to comply with them. In the event of a breach of this rule, DARWIN reserves the right to refuse any new order and to cancel an order in progress.
5-Minimum recommended price:
In order to preserve the brand image of the company DARWIN will provide the new authorized distributor with minimum recommended prices. In the interests of the brand, the authorized distributor undertakes to respect them.
6-Proof of a transaction:
The order transaction as well as the invoice, and the shipping documents for the merchandise will be kept in our files, and may be produced as proof.
7-Order confirmation and tracking:
Immediately after your order, a confirmation email will be sent to the address you have given us. (except Sunday and public holidays)
When your order is validated, we undertake to prepare and ship it as soon as possible according to the mode of transport defined when placing the order. However, given the nature and the products requiring a long manufacturing time, the shipping time of the products can be extended to 40 days subject to the availability of the raw materials necessary for the manufacture of said products.
8- Cancellation clause:
In the absence of payment of the sums due, DARWIN may automatically and immediately suspend the validity of your order and your customer account.
The Products will be delivered to the address indicated when ordering by the customer.
9- Payment, Payment period and late penalties:
All products in this catalog are payable in cash upon order, payable to Thomas Veys. The goods are shipped after effective receipt of payment.
In the exceptional case where a payment deadline would be granted. Failure to comply with this deadline will result in a lump sum recovery indemnity of € 40 (forty euros) as well as a late payment penalty at the rate of 10.05%. The penal
ties are due without a reminder being necessary and run from the day following the payment date shown on the invoice or, failing that, the 31st day following the date of receipt of the goods or the end of the performance of the service provision (art L441-6 of the commercial code).
All of our products are handcrafted, and therefore there may be differences between the item photo and the item you will receive, as no item looks exactly like another. The seller or its suppliers are not responsible for the consequences. Photos, product descriptions are not contractual.
The masses on the packaging, after weighing using a calibrated metrological balance, indicate the mass when cutting or packaging the soaps. These being subject to desiccation variations may appear over time. To this end, the words “approx. “Meaning” approximately “systematically follows any mass value.
11-Distribution of DARWIN SHAVING products:
The distribution of DARWIN SHAVING products cannot be done without the prior consent of Thomas Veys – DARWIN
Before granting any distribution authorization to the future authorized distributor, DARWIN will ensure by all means it deems necessary that the DARWIN brand image will be respected and promoted by the new authorized distributor.
12-Promotion and use of the DARWIN brand:
The professional wishing to distribute the products of the DARWIN brand undertakes to promote the brand by all the means at his disposal. In particular, he undertakes to ensure that DARWIN brand products are accessible directly from the first page of his (or his) website (s), if available. He further agrees to use quality photographs that faithfully reflect the product sold. The DARWIN company provides photos and logos for this purpose to help the retailer in its promotional duty. In the event of in-store sales, the retailer agrees that DARWIN products are easily visible and accessible.
No use of the mark for any reason whatsoever can be made without the express authorization of DARWIN.
13-Respect for the DARWIN SHAVING brand:
Any distributor authorized by the DARWIN company undertakes to respect and promote the products of the DARWIN SHAVING brand, not to hide them from public view and to regularly highlight them on its online sales platform. In general, the distributor authorized by the company DARWIN undertakes to comply with the directives that will be given by the company DARWIN concerning the preservation and promotion of the brand image.
He also agrees to use the promotional materials provided by the DARWIN company (photographs, flyer, etc.). The distributor approved by the DARWIN company undertakes to use on its website photographs representative of the product sold and up to date on the marketing developments of DARWIN SHAVING products (labels, boxes, logos, etc.).
14-Distribution of products on market places:
No DARWIN SHAVING products can be sold on marketplaces (amazon, ebay, little place, Cdiscount …) without the prior authorization of DARWIN
15-Method of delivery, shipping and packaging:
Packages are deposited at the Post Office on Monday or Friday following effective receipt of payment subject to the availability of all items ordered. Shipping costs are calculated in real terms on the site www.laposte.fr and are the sole responsibility of the customer. DARWIN further reserves the right to charge packaging and packaging costs
Insofar as the customer has chosen a delivery method with a tracking number, the latter is transmitted to the customer without delay.
The Seller is not responsible for delays by the carrier.
All products leave our premises in perfect condition according to the quality criteria set up by DARWIN and the legislation in force. The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be covered.
In the event of a damaged or defective product arrived, photos of the products and / or the package may be requested for the dispute procedure.
Insofar as the customer requests the replacement or reimbursement of the damaged merchandise, he agrees to return said merchandise to DARWIN, 12 Rue Jean Milon, 35000 Rennes, France.
After all of the previous conditions have been met, a replacement will be made.
DARWIN cannot be held responsible for delays or loss of the package by the carrier. In case of loss we will send to the customer (after inquiry with the carrier) an identical product (or will reimburse it with the postage if not available). An investigation can last up to 2
1 working days from the date of its opening. If during this period, the product is found, it will be immediately re-routed to your home. If, on the other hand, the product is not found at the end of the 21 working days of investigation, the carrier considers the package as lost. It is only after this period that we can return a replacement product to you, at our expense. If the product (s) ordered were no longer available at that time, we would reimburse you for the amount of the products affected by the loss of the carrier.
However, to the extent that the buyer decides to choose a carrier other than that of the seller DARWIN, then the previous provisions would not apply. The customer bears sole responsibility for obtaining compensation from the carrier of his choice in the event of loss or damage to the goods during transport.
The responsibility of DARWIN can not be engaged in the event of non-compliance with the legislation of the country where the products will be sent by the retailer or the consumer. It is the customer’s responsibility to check with the local authorities the possibilities of importing or using the products or services that he plans to deliver, to ensure that their technical and operational specificities specific to the manufacturer comply with the legislation of the country concerned.
In the event that the goods are blocked or seized by the customs services of the country of dispatch, DARWIN cannot be held responsible.
DARWIN reserves the right to change carrier without prior notice to the customer.
16-Deadline and right of withdrawal:
These conditions do not apply to special products (goods made at your request or clearly personalized for example) as well as to professionals.
In accordance with article L.121-20 and following of the Consumer Code, and the Hamon law, the consumer has a period of 14 working days from the date of delivery of his order, to return any article. does not suit him and request the exchange or full refund (including the initial delivery costs based on the Colissimo France package if the entire order is returned) without penalty.
You have a withdrawal period of fourteen (14) working days from receipt of your ordered products to return them for an exchange or a refund.
If the withdrawal period is exercised, DARWIN is required to reimburse you for the sums you have paid, without penalties except for return shipping costs. The refund is due within a maximum of ten days from receipt of the return and after checking and testing of the product by us. Products must be returned complete, NEW, UNUSED, in perfect condition for resale and in their original packaging. If the return of the purchased product is due to an error on the part of DARWIN, the shipping costs will be fully refunded.
To retract, copy the following text in an email message sent to firstname.lastname@example.org, or on a duplicate of the invoice, or on plain paper and send it to:
12 Rue Jean Milon, 35000 RENNES
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
I hereby notify you of my withdrawal from the contract for the sale of the following good (s):
Order no ……………. Received on: ……………………………………… ..
First name :………………………………………….
My address :……………………………………….
Description of returned items:
Date and Signature (only in case of notification by paper mail): …………………………………… ..
No cash on delivery will be accepted, whatever the reason.
We undertake to reimburse you within ten days maximum.
17-Delivery errors and non-compliance with customer needs:
(Conditions 17.1 do not apply to special products (goods made at your request or clearly personalized for example) as well as to Professionals.)
17.1 If you are not completely satisfied with your purchase (not meeting your requirements, having a manufacturing defect, or incorrectly delivered), notify us immediately of the problem (within 14 working days). Beyond this period, any complaint will be rejected.
The return of the item must be accepted by the seller. Return the item by courier in suitable packaging in the condition received within 14 days. We will exchange it or refund it.
Any claim not made within the time limit will release the seller from all liability towards the buyer.
The costs of returning goods are the responsibility of the customer. The reimbursement of the goods will be free of postage.
17.2 For large volumes, the carrier will be chosen by DARWIN and invoiced to the customer after payment
acceptance of the return cost estimate by the customer.
17.3 The shipping costs of order returns for an invalid address or for a customer who did not pick up the package within the time limits set by the carrier will be borne by the customer.
18-Applicable law and disputes:
18.1 All events, of whatever nature, beyond the control of DARWIN, such as in particular force majeure, disaster, administrative decision or stoppage of transport, postal strike, breakdown of network connections which would tend to delay, prevent or to make the delivery of the ordered products economically exorbitant, constitute by express agreement between the parties, a cause for the suspension or termination of DARWIN’s obligations, if the event continues beyond one month. DARWIN cannot be held responsible for the breach of the contract concluded in the event of one of the aforementioned events occurring.
18.2 DARWIN cannot be held responsible for any loss of data, files or damage if you do not back up the data contained in the products purchased.
18.3 The photos of the products are not contractual and the product does not necessarily include all the elements of the photo. The detailed product sheet is the only contractual source. As the products are constantly evolving, the characteristics are given for information only and are subject to change without notice.
18.4 In the event of a dispute or complaint, the consumer will first contact DARWIN to obtain an amicable solution. National or cross-border disputes which may arise between an individual and DARWIN concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be subject to mediation at the request of the consumer. After completing this complaint process with the Seller at email@example.com, the Online Dispute Resolution platform, in accordance with article 14 of Regulation (EU) n ° 524/2013, can be referred to for any dispute of consumption and is accessible at the following link: https://ec.europa.eu/consumers/odr
The website describes the mediation process used and allows consumers to file a mediation request online along with supporting documents. In particular, the dispute cannot be examined by the mediator if:
-the consumer does not justify having tried, beforehand, to resolve his dispute directly with DARWIN by a written complaint to firstname.lastname@example.org
-the request is manifestly unfounded or abusive,
-the dispute has been previously examined or is under examination by another mediator or by a court,
-the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to DARWIN,
-the dispute does not fall within its area of jurisdiction.
Mediation is free for consumers (unless they voluntarily have recourse to a lawyer, a third party of their choice or an expert).
The mediator may not receive any instructions from the parties or be remunerated according to the result.
Mediation of consumer disputes is subject to the obligation of confidentiality provided for by article 21-3 of law n ° 95-125 of February 8, 1995 relating to the organization of courts and civil, criminal and administrative proceedings. .
The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. If no solution is found, the dispute will be brought before the RENNES Commercial Court.
19-Protection of personal data:
Your personal data (name, address, telephone number, e-mail address) will only be used to send you some information about our products and services and to deliver the goods. This personal data will under no circumstances be disclosed to other companies or persons. We only have the personal data that you have given us and we use it for the sole purpose of serving you better.
You can view and modify your personal data at any time.
You can notify us if you do not wish to receive advertising or special offers.
You can unsubscribe directly by letter or email.
20- Intellectual property:
By connecting to the website created by DARWIN, which holds all the intellectual property rights relating thereto, you agree not to copy, reproduce or download all or part of its content, except with the prior express authorization of DARWIN.
Any action by an Internet user which aims to restrict or prevent another Internet user from using or enjoying the site is strictly prohibited. DARWIN recalls that Internet users may only use its site for purposes
legal and that they are prohibited from posting or transmitting through the site any material that is unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise offensive to human dignity. In the event that DARWIN is informed of the presence of illegal content on the site, it would be entitled to immediately delete the content. DARWIN also reserves the right to take all necessary measures to ensure that its rights are respected. DARWIN is entitled to conduct electronic surveillance of posted documents and public areas of the site to verify their compliance with the above requirements.
It is also prohibited to collect or store personal information about other Internet users.
22-Non respect of the general conditions of sale
Failure to comply with the general conditions of sale by the customer, retailer, authorized distributor will result in the immediate closure of his customer account by the company DARWIN without notice, as well as the cancellation of any current or future order.
These general conditions of sale are subject to French law. For all disputes relating to this contract between the seller and the buyer, in the absence of an amicable agreement between the Parties, the dispute will be submitted to the Rennes commercial court.
12 Rue Jean Milon, 35000 RENNES