www.destree.com (hereinafter referred to as “the site”) is owned and operated by the Company STUDIO AX, SAS with a capital of 1,000 euros, whose head office is located at 61 Avenue de Breteuil, 75007 Paris – France, identified in the Paris Trade and Companies Register under no. 808363766.
Customer service contact details: [email protected]
Postal Address :
61 Avenue de Breteuil
I/ General Information
These General Terms and Conditions of Sale are intended to define the rights and obligations of the company STUDIO AX and the Customer with respect to the products presented by the company on the Website. They apply exclusively between the company STUDIO AX and any individual consumer visiting or making a purchase via the said Website (hereinafter “the Customer”).
Any order placed with the company STUDIO AX on the website www.destree.com therefore implies the Customer’s unreserved acceptance of these terms and conditions.
The present General Terms and Conditions of Sale are permanently accessible at the following address: www.destree.com in a computer format that allows them to be printed, so that the Customer can reproduce or save them.
II/ Changes to the General Terms and Conditions of Sale
All orders placed on the site are subject to these terms and conditions of sale. The Company STUDIO AX reserves the right to adapt or modify the present terms and conditions at any time, the version of the general terms and conditions of sale applicable to any transaction being the one appearing online on the Site at the time of the order.
Article 1 – Products
The products offered for sale are those described on the Site. The Company STUDIO AX takes the greatest care in the presentation and description of these products in order to best satisfy the customer’s information. It is however possible that non-substantial errors may appear on the Site, which the customer acknowledges and accepts. In any event, in the event of non-conformity of the product delivered in relation to its description on the Site, the Customer may implement the guarantee of conformity of the Company STUDIO AX which will proceed to refund the price (in whole or in part) in the form of a credit note valid for a period of 6 months.
Article 2 – The Customer
The Customer declares to be a natural person, at least 18 years of age and to have legal capacity or to hold a parental authorization allowing him/her to place an order on the Site.
When registering the Customer’s personal data in the “my account” section, the Customer must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient’s contact details, STUDIO AX shall not be held responsible for the impossibility of delivering the product.
Article 3 – The Order
Art. 3.a: Ordering on the Site is subject to compliance with the procedure set up by STUDIO AX, which consists of a succession of different steps that the customer must follow in order to validate the order. The customer shall have the opportunity, before definitively validating his order, to check the details of the order and its total price, and to correct any errors, before confirming the order to express his acceptance. Any order confirmed by the Customer shall constitute a contract of sale and acceptance of all the stipulations herein.
Art. 3.b: A confirmation email summarizing the order (products, price, product availability, quantity, etc.) shall be sent to the customer by the Company STUDIO AX. To this end, the customer formally accepts the use of e-mail for the confirmation by the Company STUDIO AX of the content of his order. In any case, invoices shall be handed over upon delivery.
Art. 3.c : Non-compliance by a person with the obligations subscribed to under the terms of these General Terms and Conditions of Sale, and in particular concerning any incident of payment of the price of an order, may result in the suspension of access to the destree.com service, or even the termination of the account depending on the degree of seriousness of the actions in question, without prejudice to any damages that STUDIO AX may request. Consequently, STUDIO AX reserves the right to refuse any order from a person with whom such a dispute exists.
Art. 3.d: The Company STUDIO AX reserves the right to cancel any order when the customer’s IP address is domiciled in a different country from the billing and/or delivery address.
Article 4 – Price
Art. 4.a: The prices of the products are indicated in euros, all taxes included for metropolitan France and the European Union, excluding participation in shipping costs. The total price of the order (all taxes and shipping costs included) is indicated in the cart.
Art. 4.b: For the Overseas Departments, Switzerland and all other countries outside the European Union, the selling prices displayed are deemed to be tax-free and therefore cannot be subject to a deduction of VAT. The customer acknowledges that it is considered the official importer and that it may, depending on the country or overseas department of delivery chosen at the time of the order, have to pay customs and/or import duties according to the legislation in force in the said country or overseas department.
Art. 4.c : The Company STUDIO AX reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time the order is recorded, subject to availability.
Article 5 – Payment Terms
Art. 5.a: Full payment must be made at the time of ordering. The sums paid cannot be considered as a deposit or advance payment. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), Paypal, gift card or credit note, in accordance with the provisions of this article.
Art. 5.b: For any transaction, the Customer shall indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his credit card number shall constitute authorization for STUDIO AX to debit his account up to the amount of his order.
No cash on delivery will be accepted for any reason whatsoever.
Art. 5.c: STUDIO AX retains ownership of the article until full payment of the price by the Customer. Purchases are made in a secure manner. For payments by credit card (credit card, visa credit card and e-credit card), the BNP Paribas bank shall be responsible for the security of payments. All information that Customers communicate to STUDIO AX is strictly protected and guarantees the conformity and security of each transaction.
Art. 5.d: The data recorded and kept by STUDIO AX shall constitute proof of the order and of all past transactions. The data recorded by the payment system constitute proof of the financial transactions.
Article 6 – Delivery
Art. 6.a: Delivery is made to the delivery address indicated by the customer. It must be the residential address of the customer or of any other natural person of his choice. Delivery cannot be made to hotels or post office boxes.
Art. 6.b: In order for the delivery time to be respected, the customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street, building, staircase numbers, access codes, names and/or intercom numbers, etc.). The times indicated are indicative times, corresponding to the average processing and delivery times.
The Company STUDIO AX undertakes to inform the Customer of the progress of the processing of his order.
Art. 6.c: It is the Customer’s responsibility to check shipments upon arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious signs of deterioration. The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days following delivery of the products, with a copy immediately sent to the Company STUDIO AX.
Art. 6.d: Packages are delivered by post to the address indicated at the time of the order. As such, STUDIO AX cannot guarantee a precise delivery time. The transfer of risks takes place at the moment of delivery of the goods.
Art. 6.e: STUDIO AX shall not be held liable in the event of breach of contract due to force majeure, in particular, but not limited to, war, riot or insurrection, transportation disruption, import problems, strikes, shortages, fires, earthquakes, storms, floods.
Article 7 – Right of withdrawal
The individual Customer has a right of withdrawal of 14 days. The fourteen-day withdrawal period starts on the day after the receipt of the goods.
Article 8 – Return
Art. 8.a: Prior to any return of a product, the Customer must indicate his intention by sending an e-mail to the following address: [email protected].
Art. 8.b: Products returned damaged, incomplete, soiled or without the original packaging or the RETURN WARRANTY BAND label will not be taken back, exchanged or refunded.
Art. 8.c: Beyond 14 days from delivery, the goods cannot be returned.
Art. 8.d: The return of all products or services ordered will give rise to a refund equal to the totality of the sums paid by the Customer, i.e. the purchase price of the product(s) or service(s) purchased, excluding possible delivery costs. The return of an order is indicated as a negative operation.
Art. 8.e: The return or exchange is at the Customer’s risk.
Article 9 – Reimbursement
Refunds of products will be made by the Company STUDIO AX within a maximum period of 30 days after receipt of the said products.
Article 10 – Intellectual Property
Art. 10.a: Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
Art. 10.b: This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of STUDIO AX.
Art. 10.c: Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of the company STUDIO AX.
Art. 10.d: The Customer is therefore bound to respect the intellectual property rights and may not use the trademarks appearing on the Site and on the Products, where applicable, or register a trademark that would be prejudicial to the holder of the rights, unless otherwise contractually agreed. The same applies to any other intellectual property rights.
Article 11 – Third-Party websites
The Site may contain links to third party sites that are not owned or controlled by STUDIO AX, including, but not limited to, Facebook, Twitter and Instagram (“Third Party Sites”). We provide these links only as a convenience to you. STUDIO AX Company does not review, endorse or make any representations about these Third-Party Sites, the companies or individuals that own and/or operate them. This remains true for any information products, software or other products and services made available through these Third-Party Sites or the results that may be obtained from their use. You should use your own common sense and judgment, and if you decide to access any third party sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such third party sites.
Article 12 – Indemnification
You agree to defend, indemnify and hold STUDIO AX Company harmless from and against any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees, costs and expenses) arising out of your breach of this Agreement or resulting from your use or misuse of the Site, the Content or the Products.
Article 13 – Applicable Law
Any order automatically implies the customer’s acceptance of the general terms and conditions of sale. These general terms and conditions of sale are governed by French law. In the event of litigation, the French Courts will have sole jurisdiction.
In the event of difficulty or complaint in connection with an order, the customer may contact Customer Service to find an amicable solution: [email protected]com.
Article 14 – Data processing and Liberties
The information collected by the Company STUDIO AX when the customer places an order is necessary for the management of the transaction. For this purpose, it may be communicated in whole or in part to the service providers of the Company STUDIO AX involved in the execution of the order. The customer is informed that this same personal data may also be collected by an organization in charge of analyzing orders and fighting against credit card fraud. In accordance with the French Data Protection Act n°78-17 of 6 January 1978, the customer has the right to access, rectify, oppose and delete data concerning him/her.