Terms and Conditions
The seller (hereinafter “DFS” or “la Samaritaine”) has an e-commerce website, accessible at the address: shop-samaritaine.dfs.com (the “Site”).
The purpose of these General Conditions of Use and Sale (hereinafter the “Conditions”) is to define the rights and obligations between la Samaritaine and any non-commercial natural person aged at least 18, acting for their personal needs, who wishes to use the Site (the “User”) or make a purchase on the Site (the “Customer”). They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by the Customers.
Any order of Products made through the Site implies unreserved acceptance of these Conditions.
These Conditions may be supplemented by special conditions set out on the Site, in particular in the event of promotional operations, prior to any transaction with the Customer.
ARTICLE 1 - PRODUCTS
La Samaritaine sells household, fashion and accessory items (the “Products”) through the Site.
The Products presented on the Site comply with French legislation in force and the standards applicable in France. In the event that Products are withdrawn from the market for non-compliance, they will be withdrawn from the Site as soon as possible. Orders in progress will be automatically cancelled, with the Customer having no recourse for complaint regarding the cancellation.
In accordance with articles L.111-1 and L.221-5 of the French Consumer Code, the Customer may see the essential characteristics of the Products on the Site prior to placing their order. The main characteristics of the Products are presented on the Site, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products. DFS has also a code of conduct.
The photographs and graphics presented on the Site are not contractual and la Samaritaine cannot be held responsible for them.
The choice and purchase of Products is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to understand its properties, essential characteristics and the delivery terms.
The contractual information is subject to validation by the Customer at the time they confirm the order at the latest.
ARTICLE 2 - PRICE
The Products are supplied at the prices in force and are those which appear on the Site. The prices are expressed in Euros and inclusive of all taxes.
The prices take into account any discounts that may be granted by la Samaritaine on the Site.
These prices are firm and non-revisable as indicated on the Site at the time of the order. However, la Samaritaine reserves the right to modify prices at any time without such modification affecting an order that has already been validated.
La Samaritaine carries out regular checks to verify that the prices charged are correct. However, some prices may contain an error. If la Samaritaine finds a clerical price error in the order, the Customer will be informed as soon as possible. La Samaritaine reserves the right to cancel the order of the Product affected by a clerical price error. If the order has been paid for, the Customer will be refunded the amount paid.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order, hereinafter the “Costs”.
The payment requested from the Customer is for the total amount of the purchase, including Costs.
ARTICLE 3 - ORDERING
3.1 - Placing the order
It is up to the Customer to select the Products they wish to order on the Site according to the following steps:
- The Customer adds the Products to their basket;
- They validate their basket after checking and modifying its content, if required, by clicking on “confirm your basket”;
- The Customer enters the contact details required for delivery then clicks on “continue to delivery”;
- The Customer takes note of the delivery conditions and goes to the next step by clicking on “continue to payment”;
- The Customer states the type of bank card and the corresponding card numbers;
- The Customer validates the billing address then clicks on “verify the order”;
- The Customer checks the summary of the order with all the information entered and validates the summary by clicking on “confirm the order” and proceed to payment;
- The Customer is redirected to the summary page with the order confirmation. An e-mail is sent to the Customer to confirm receipt of their order.
The Customer can check the details of their order, the total amount and correct any errors before confirming it. It is their responsibility to verify the accuracy of the order, the information provided and to immediately report or rectify any errors with Customer Service.
La Samaritaine does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs.
La Samaritaine therefore reserves the right to refuse orders of a single Product in quantities that may reasonably exceed the personal needs of a Customer.
3.2 - Order validation
Product offers are valid as long as they appear on the Site within the limits of available stocks.
La Samaritaine confirms the order by sending an e-mail to the Customer within a maximum of 1 (one) working day from the Customer confirming their order. Any order placed on the Site, validated by the Customer and confirmed by la Samaritaine, under the conditions and according to the methods described above, constitutes a distance sales contract between the Customer and la Samaritaine.
If for any reason there is total or partial unavailability of Products after the order is placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the product and of the partial or total cancellation of their order.
In the event of cancellation of the order by la Samaritaine:
- La Samaritaine Customer Service will contact the Customer by e-mail to inform them,
- The order for the Products concerned will be cancelled and reimbursed by la Samaritaine.
3.3 - Modification of delivery information
After la Samaritaine has validated the order, the Customer may request modification of the delivery address, provided the carrier has not yet notified them by e-mail that they have taken over their order for its delivery. After notification of the takeover for delivery, it will no longer be possible for the Customer to modify the delivery information.
ARTICLE 4 - PAYMENT
4.1 - Available payment methods
The Customer can pay for their order using the following means:
- The accepted bank cards: Visa, Mastercard.
Transactions carried out on the Site are entrusted to the following secure online payment platform:
registered in the Netherlands under company number 34259528
Simon Carmiggeltstraat 6-50,
1011 DJ, Amsterdam,
The payment data of the Customer's bank card (bank card number, expiration date and visual cryptogram) are transmitted by the service provider to the bank, using secure means guaranteeing their confidentiality with regard to third parties.
4.2 - Terms of payment
When placing an order, after having validated the delivery information, the Customer pays for the order according to the following terms:
- The Customer indicates their means of payment with a bank card number, name of the holder of the bank card, the expiration date and visual cryptogram;
- The Customer enters the billing address;
- By clicking on “verify the order” the Customer confirms the details of the order;
- The Customer validates their order and agrees to pay the price. The account of the bank card used by the Customer will be debited upon validation of the order.
A bank card payment order cannot be cancelled. Payment of the order by the Customer is irrevocable, without prejudice to the Customer’s right of withdrawal.
4.3 - Fight against fraud and unpaid debts
La Samaritaine reserves the right, as part of the fight against fraud and unpaid debts, to request additional information from the Customer during payment or to suspend an order.
4.4 – Electronic invoice:
The Customer consents to the issue of an electronic invoice on request to Customer Service.
ARTICLE 5 - TRANSFER OF OWNERSHIP
The transfer of ownership of la Samaritaine Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.
Irrespective of the date ownership of the Products is transferred, transfer of the risks of loss and damage relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of la Samaritaine.
ARTICLE 6 - SHIPPING AND DELIVERY
6.1 - General
La Samaritaine guarantees delivery of orders in mainland France (excluding Corsica and Monaco).
The Products are shipped to the delivery address provided by the Customer during the ordering process. It is the Customer's responsibility to check the conformity of the delivery information for their order and to report any errors to Customer Service without delay.
The Customer is reminded that la Samaritaine cannot be held responsible for the inability to deliver the order in the event of incorrect delivery information entered by the Customer.
6.2 - Deadlines
Delivery deadlines begin to run from when the Customer receives the e-mail from the carrier stating it has taken over their order for its delivery.
La Samaritaine undertakes to make its best efforts to ensure delivery of the Products ordered by the Customer within the time specified below.
Delivery takes place within a maximum period of 2 (two) working days from confirmation of the carrier that it has taken over the order for delivery.
If the Products ordered have not been delivered within 30 (thirty) days following confirmation of the order, for any reason other than force majeure or fault of the Customer, the sale may be cancelled on written request by the Customer under the conditions provided for in articles L.216-2 and following of the French Consumer Code.
La Samaritaine declines all responsibility for any delay in delivery of the order in the event that this delay is attributable to the Customer, in particular in the event of absence during delivery or non-collection of their order.
6.3 - Delivery methods
The carrier will deliver the order to the address stated by the Customer, and which must be easily accessible to the carrier.
Delivery takes place in mainland France (excluding Corsica and Monaco) at the price indicated prior to validation of the order.
After confirmation of the order by la Samaritaine, the Customer receives an e-mail from the carrier.
Upon delivery of the order to the place of delivery, the Customer receives an e-mail confirming the delivery.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with articles L 221-18 and following of the French Consumer Code, the Customer has a period of 14 (fourteen) days from receipt of the Products to exercise their right of withdrawal with respect to la Samaritaine, with some exceptions and legal limitations provided for by the aforementioned provisions.
The Customer must return the Products no later than 14 (fourteen) days following the unambiguous notification of their decision to withdraw.
The Customer can express their unequivocal desire to withdraw:
- a. Either by e-mail to the following address: firstname.lastname@example.org,
- b. Or by completing the withdrawal form, available in Appendix 1 of the Conditions.
The exercise of the right of withdrawal must be carried out in accordance with the terms provided for in article 8.2 of the Conditions. A Customer ordering on the Site cannot return the Products to the store.
In the event that the right of withdrawal is exercised within the aforementioned period, only the purchase price of the Products concerned and the delivery costs are reimbursed. la Samaritaine will reimburse the Customer upon receipt by la Samaritaine of the Products concerned or the proof of shipment of the Products concerned provided by the Customer, whichever of the two is the earliest. Proof of shipment of the Products shall be sent by the Customer to the Customer Service whose contact details are stipulated at Article 10.1 of the Conditions.
ARTICLE 8 - RETURN AND REFUND
8.1 - Conditions
On a commercial basis, la Samaritaine reimburses within 30 (thirty) days of the date of purchase, any complete Product, in its original packaging, in perfect condition, unused, unwashed, undamaged, unworn, possibly accompanied by the prepaid return label associated with the order.
The refund will be made to the payment method used when ordering.
8.2 - Methods
- The Customer prepares the package and packs the Products concerned so that they are sufficiently protected during transport;
- The Customer contacts the Customer Service to arrange the practical details of the return. Contact details of the Customer Service are provided at Article 10.1 of the Conditions;
- La Samaritaine will check the returned merchandise within 2 (two) working days of receipt of the package.
8.3 - Verification of returned products
A compliance check will be carried out for each reimbursement request.
At the end of the check, and only if the return has been made in accordance with the stipulations of article 8.1 of the Conditions, la Samaritaine will make reimbursement to the payment method used when ordering, within a maximum period of 15 (fifteen) working days.
Returns that do not meet the stated conditions will not be accepted and will be returned to the Customer.
ARTICLE 9 - GUARANTEES
The Products sold on the Site comply with the regulations in force in France and benefit from the following guarantees:
- The legal guarantee of conformity for defective, spoiled or damaged Products or which do not correspond to the order,
- The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.
These legal guarantees apply independently of any commercial guarantee granted.
9.1 - Legal guarantee of conformity
In accordance with Articles L.217-4 and following of the French Consumer Code, the legal guarantee of conformity allows a Customer who has received a Product with conformity defects to benefit from a period of 2 (two) years to act from the date of delivery of the goods. This guarantee allows the Customer to choose between repair or replacement of the goods.
In accordance with the provisions of Article L 217-10 of the French Consumer Code, if the repair and replacement of the Product is impossible, the Customer may:
- Either return the Product and la Samaritaine will reimburse the price of the Product, as well as any delivery costs;
- Or keep the Product and la Samaritaine will reimburse the Customer for part of its price.
Article L 217-4 of the French Consumer Code: “The seller delivers a product in accordance with the agreement and, must be held liable for any lack of conformity that may arise during delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, when these requirements are assigned to it under the agreement or when carried out under its responsibility.”
Article L 217-5 of the French Consumer Code: “The product is in accordance with the agreement:
If it is fit for the customary use of a similar good and, where applicable:
- when it corresponds to the description provided by the seller and possesses the qualities presented to the buyer in the form of a sample or a model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, in particular in any advertising or labelling;
- Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to and accepted by the seller.”
Article L 217-12 of the French Consumer Code: “The period for action concerning lack of conformity is set at two years from the delivery of the goods.”
9.2 - Guarantee against hidden defects
The guarantee against hidden defects allows the Customer to choose between cancelling the sale or keeping the item and having part of the price returned. The Customer has a period of 2 (two) years from the discovery of the defect to act.
Article 1641 of the French Civil Code: “The seller is bound by the guarantee against hidden defects of the item sold which may render it unsuitable for the use for which it is intended, or which diminishes the use to such extent, that the buyer would not have acquired it, or would have paid a lower price had it been known at the time.”
Article 1648 paragraph 1 of the French Civil Code: “Any action related to hidden defects must be brought by the purchaser within two years from the discovery of the defect.”
9.3 - Return of a defective or non-compliant Product
In the event of a defective or non-compliant Product, the Customer will contact Customer Service. After opening a claim, the Customer will return the Product in accordance with the terms described in 8.2 of the Conditions.
La Samaritaine will confirm or not the defect of the Product within a reasonable period of time and, if applicable, will apply the guarantee invoked.
ARTICLE 10 - CLAIMS
10.1 - Customer service
In the event of any difficulty occurring during the ordering or delivery of the Products, the Customer may contact Customer Service (hereinafter “Customer Service”), via the following e-mail address: email@example.com or by phone at +33 1 88 88 60 00 (cost of a local call from France).
10.2 - Consumer Mediation
In accordance with the provisions of article L.616-1 of the French Consumer Code, the Customer is informed that they can resort to a mediation service, free of charge, in the event of a complaint relating to the Site, these General Conditions or an order not resolved amicably by the la Samaritaine Customer Service and after prior written action from the Customer within one year has not been satisfied.
As such, la Samaritaine belongs to the FEVAD service (Federation of e-commerce and distance selling) (hereinafter the “Mediator”) whose contact details are as follows: 60 rue la Boétie, 75008 Paris - www.mediateurfevad.fr.
To find out how to refer to the Mediator, the Customer is invited to visit the site www.mediateurfevad.fr/index.php/espace-consommateur/.
In order for the Customer’s referral to the Mediator to be admissible, the claim must include: the postal, telephone and e-mail address of the Customer, the customer and/or order number, the date of the order, the details of the dispute, written proof of the attempts at amicable resolution of the dispute that the Customer has previously taken with la Samaritaine before referral to the Mediator, the solutions offered by la Samaritaine and the Customer's expectations.
Under the terms of article L.152-2 of the French Consumer Code, a dispute cannot be examined by the consumer mediator when:
- The consumer does not prove that they have previously attempted to resolve their dispute directly with the trader by a written claim according to the terms provided, if applicable, in the contract;
- 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 lodged their request with the mediator more than one year from their written complaint to the trader;
- The dispute does not fall within its field of competence.
The mediator will inform the Customer of any rejection of their mediation request within three weeks of receiving their case.
In accordance with European regulation n° 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer also has the possibility of claiming through the online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr/
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the Site is the property of la Samaritaine. All the elements published on the Site, such as sounds, images, photographs, videos, text, animations, programs, graphic charter, databases, software, and other underlying technology are protected by the provisions of the Code of intellectual property and belong to La Samaritaine or, where applicable, have been duly granted to them.
Any partial or total reproduction of this content is strictly prohibited and is liable to constitute an offence of counterfeiting.
ARTICLE 12 - PROTECTION OF PERSONAL DATA
In application of French law 78-17 of 6 January 1978 modified by law N° 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of their order and in the preparation of invoices, in particular.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing of the information concerning them.
This right can be exercised under the conditions and according to the methods defined in our Data Protection Policy.
ARTICLE 13 - RESPONSIBILITY
La Samaritaine cannot be held responsible under the obligations of these Conditions in the event that the non-performance of these obligations is attributable to a third party, even if foreseeable, or is due to the fault of the User or the Customer, or the occurrence of force majeure as defined by French courts, or any other event that was not reasonably under the exclusive control of la Samaritaine.
La Samaritaine declines all responsibility for direct or indirect damage, whether foreseeable or not, caused during the use of the Site, it being understood that la Samaritaine will in no case be held responsible for any malfunction of the Site due to maintenance, technical problems, congestion of the Internet network or failure of any other remote transmission system which could prevent the Site from functioning.
In the event that la Samaritaine should be held liable for damage suffered by the Customer and attributable exclusively to the placing of an order, this is limited to the amount of the order paid by the Customer to la Samaritaine.
ARTICLE 14 - MISCELLANEOUS
14.1 - Modifications
La Samaritaine reserves the right to modify these Conditions without notice.
Any modification of these Conditions is enforceable on the users of the Site as of their putting on line and cannot apply to transactions concluded previously.
The version applicable to the Customer's purchase is that in force on the Site on the date the order is validated.
14.2 - Partial invalidity
If one or more stipulations of these Conditions is deemed illegal or void, this nullity will not result in the nullity of the other provisions of these Conditions.
14.3 - Convention of proof
It is expressly agreed that la Samaritaine, the User and/or Customer (hereinafter the “Parties”) may communicate with each other electronically or by telephone via the Site’s Customer Service, for the purposes of these Conditions. Technical security measures comply with the intended uses to ensure the confidentiality of the data exchanged.
The Parties agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of orders.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
These Conditions are subject to the application of French law.
In the absence of an amicable settlement, any dispute that may result from the interpretation or execution of these Conditions will be brought exclusively before the competent French courts.
APPENDIX 1 - Withdrawal form
Please complete and return this form only if you wish to exercise your right of withdrawal.
For the attention of DFS at the address 3 rue Baillet - 75001 Paris