TERMS AND CONDITIONS OF SALE
DEGLACE – FRACTION VACUUM CLEANER
ARTICLE 1: PURPOSE – SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter referred to as the “T&Cs”) apply without restriction or reservation to sales contracts concluded between the company DEGLACE, a simplified joint-stock company with a share capital of €53,940, located at 34 Rue Vergniaud, LILLE (59000), registered under unique identification number 902 615 087 – RCS LILLE MÉTROPOLE, with the email address contact@deglace.fr and the telephone number 0625651803 (hereinafter referred to as the “Seller” or “DEGLACE”), and customers wishing to purchase the Products offered for sale on the website https://www.deglace.tech/ (hereinafter the “Website”), for their personal and private needs (hereinafter the “Client” or the “Clients”).
The T&Cs do not apply to sales (i) between the Seller and customers with technical knowledge comparable to that of the Seller wishing to purchase the Products for their professional activity, and (ii) between professionals.
The Seller reserves the right to adapt or amend the T&Cs at any time. In the event of modification, the applicable T&Cs will be those in effect on the date the Client places the order.
The Client acknowledges having received, prior to placing any order on the Website, in a readable and comprehensible manner, the T&Cs and all the information listed in Articles L.111-1 and L.221-5 of the French Consumer Code. In this respect, the T&Cs are enforceable against the Client pursuant to Article 1119 of the French Civil Code. Any order placed on the Website constitutes the Client’s express acceptance, without restriction or reservation, of the T&Cs and the obligation to pay for the Products, which the Client expressly acknowledges.
The T&Cs prevail over any other document, unless expressly waived in writing in advance.
ARTICLE 2: PRODUCT
The “Product” offered for sale on the Website is the “Fraction” vacuum cleaner. The main characteristics of the Product are indicated on the Website.
The use of the Product is detailed in the user manual provided with the Product. The Client undertakes to read it and use the Product in accordance with the instructions.
The Client acknowledges that in order to benefit from the full functionality of the Product, the “DEGLACE” application must be used. Otherwise, the Product’s use will be limited.
ARTICLE 3: PLACING AN ORDER
The Client places an order on the Website.
For any order, the Client may either:
(i) place an order using a client account, or
(ii) place an order without using a client account, as described below:
- Creating a client account directly on the Website: The client account contains the Client’s personal data (including order and transaction data, etc.), enabling access to their personal space on the Website.
- Ordering without creating an account.
In all cases, the Client undertakes to provide accurate and up-to-date information and releases DEGLACE from any liability resulting from inaccurate information.
DEGLACE undertakes to collect, process, use, and transfer any personal data of the Client in compliance with applicable legislation, including the General Data Protection Regulation (GDPR).
Once the Client validates the order and payment is confirmed, the Client automatically receives an initial email confirming receipt and details of the order (hereinafter the “Order Confirmation”). The Order Confirmation constitutes the sales contract between the Client and DEGLACE. The invoice amount will be debited at the time of the Order Confirmation. Any order placed with DEGLACE is deemed firm and final and cannot be cancelled by the Client, except in the case of exercising the right of withdrawal provided in Article 7 of the T&Cs.
DEGLACE reserves the right to refuse or cancel any order in special circumstances, including:
- if the order appears to have been placed for professional rather than personal purposes,
- if the contact details provided are inaccurate or incomplete,
- in the event of non-compliance with the T&Cs,
- in the event of suspected fraud.
The Client may at any time access order details (including order form and invoice) by (i) logging into their Client Account, or (ii) if the order was placed without creating an account, by clicking the link in the Order Confirmation email.
These documents are kept for three (3) years.
ARTICLE 4: PRICE AND PAYMENT TERMS
The price payable by the Client is that shown on the Website at the time the order is validated.
Prices are expressed in euros, inclusive of all taxes (VAT included).
Delivery/transport costs are charged in addition.
Payment for DEGLACE Products must be made in full at the time of the order on the Website.
No order will be processed without full payment and clearance of funds.
The Client may pay on the Website via credit card (VISA, CB), PayPal, Apple Pay, or Google Pay.
ARTICLE 5: DELIVERY
5.1 Delivery times and methods
DEGLACE undertakes to deliver the Products within a maximum of 18 months from the Order Date, which the Client acknowledges and accepts.
The delivery date is deemed to be the date of receipt of the Product by the Client or a third party designated by them (other than the carrier), or, in the Client’s absence, the date indicated on the delivery notice, or, in the case of return marked “does not live at this address,” the date the package is returned to DEGLACE.
If a delivery delay occurs, DEGLACE will notify the Client promptly by email.
If delivery is not made within the announced timeframe, the Client must send DEGLACE a registered letter with acknowledgment of receipt granting an additional deadline, addressed to: DEGLACE – 34 Rue Vergniaud – 59000 LILLE. If DEGLACE has not delivered within this additional period, the Client may terminate the sale by registered letter with acknowledgment of receipt to the above address. In this case, DEGLACE will refund the Client in full within 14 business days of receipt of the letter.
5.2 Place of delivery
The Product is available for delivery within mainland France only.
Depending on available services, the Client may choose between delivery to a pick-up point or home delivery.
If the Product is returned to DEGLACE as “does not live at this address,” DEGLACE will inform the Client by email. This email will specify the procedure for reshipment and applicable costs.
If the Client refuses reshipment or fails to respond within seven (7) business days of the email, DEGLACE will refund the price of the Product, excluding initial delivery fees.
5.3 Receipt of Products
Upon receipt, the Client must check the condition of the Product delivered. The Client has 72 hours to notify both the carrier and DEGLACE customer service (contact@deglace.fr), with supporting evidence, without prejudice to the legal guarantees of conformity or hidden defects.
ARTICLE 6: TRANSFER OF RISK
Risk of loss or damage to the Product passes to the Client upon physical possession of the Product by the Client or a third party (other than the carrier appointed by DEGLACE).
ARTICLE 7: RIGHT OF WITHDRAWAL
In accordance with the French Consumer Code, the Client has a legal period of fourteen (14) days from receipt of the Product to exercise the right of withdrawal, without justification or penalty.
To exercise this right, the Client must return to DEGLACE the completed withdrawal form (attached at the end of these T&Cs) before the withdrawal period expires. Alternatively, the Client may use any written statement expressing the intention to withdraw.
In case of withdrawal, the Client must return the Product without undue delay and no later than fourteen (14) days from the withdrawal notification, unless DEGLACE offers to collect the Product.
The Client will be refunded in full, including delivery fees, within fourteen (14) days of DEGLACE being informed of the withdrawal. Refunds will be made using the same payment method used for the order, unless otherwise agreed. If this payment method is no longer available, the Client must notify DEGLACE in writing at the time of withdrawal.
The burden of proof of return lies with the Client. The Client must retain proof of shipment issued by the carrier. Without proof, no refund can be made.
ARTICLE 8: WARRANTIES
Article D.211-3 of the French Consumer Code provides:
“The Client has a period of two years from delivery of the Product to obtain implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Client is only required to prove the existence of the lack of conformity, not the date on which it appeared.
Where the sales contract for the goods 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 applies to this digital content or digital service throughout the period of supply provided for. During this period, the Client is only required to prove the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The legal guarantee of conformity entails an obligation for DEGLACE, where applicable, to provide all updates necessary to maintain the Product’s conformity.
The legal guarantee of conformity gives the Client the right to have the Product repaired or replaced within thirty days of the request, free of charge and without major inconvenience to the Client.
If the Product is repaired under the legal guarantee of conformity, the Client benefits from a six-month extension of the initial guarantee.
If the Client requests repair of the Product but DEGLACE imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date the product is replaced.
The Client may obtain a reduction of the purchase price while keeping the Product, or terminate the contract and receive a full refund against return of the Product, if:
1° DEGLACE refuses to repair or replace the Product;
2° Repair or replacement of the Product occurs after a period of thirty days;
3° Repair or replacement of the Product causes a major inconvenience to the Client, in particular where the Client definitively bears the costs of taking back or removing the non-conforming Product, or bears the costs of installing the repaired or replacement Product;
4° The Product’s lack of conformity persists despite DEGLACE’s unsuccessful attempt to bring it into conformity.
The Client is also entitled to a reduction in the Product price or to termination of the Contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the Contract. In that case, the Client is not required to request repair or replacement of the Product beforehand.
The Client is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for the purpose of repair or replacement suspends the guarantee period remaining until delivery of the repaired Product.
The rights mentioned above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.
DEGLACE which, in bad faith, obstructs implementation of the legal guarantee of conformity incurs a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).
The Client also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee gives the right to a price reduction if the Product is retained, or to a full refund against return of the Product.”
8.1 DEGLACE is liable for lack of conformity of the Product to the Client’s order under the conditions set out in Articles L.217-3 et seq. of the French Consumer Code, and for hidden defects of the thing sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.
8.2 If the Client wishes to invoke one of these guarantees, they must first inform DEGLACE by sending an email to the following address: contact@deglace.fr.
After informing DEGLACE, the Client must return the Product, stating the reason for the return, to the following address: DEGLACE – Service Garantie – 34 rue Vergniaud – 59000 LILLE.
All guarantees are excluded in the event of misuse, negligence, or lack of maintenance by the Client, as well as in the event of normal wear and tear, accident, or force majeure.
8.3. DEGLACE commercial warranty – Replacement of parts
DEGLACE warrants the Product’s parts for a period of three (3) years from receipt of the Product by the Client.
When a part is damaged or defective, the Client must perform a self-diagnosis via the Application and contact DEGLACE customer service (contact@deglace.fr) to report the issue.
After DEGLACE has verified that the commercial warranty applies, DEGLACE undertakes to send the replacement part to the Client within a maximum of ten (10) calendar days from the Client’s request, it being specified that the Client undertakes in return to send the damaged or defective part back to DEGLACE within thirty (30) days. If the Client fails to meet the return deadline, DEGLACE reserves the right to suspend the benefit of the commercial warranty.
Parts must be returned to the following address: DEGLACE – Service Garantie – 34 rue Vergniaud – 59000 LILLE.
DEGLACE will provide the Client with a prepaid return label to cover the return of the part.
The DEGLACE commercial warranty will not apply in the following cases:
- Inappropriate or abusive use of the Product (if the Product is used in a way not in accordance with its intended use, for example for professional or industrial tasks when it is intended for domestic use);
- Damage caused by unauthorized repair attempts (including any intervention or repair carried out by an unauthorized third party — authorized third parties are listed on the Website);
- Modification or transformation of the Product;
- Accidental damage (fall, use in an inappropriate environment, household incidents);
- Normal wear and tear of the Product (wear parts, notably filters or batteries, may not be covered if they deteriorate under normal wear conditions);
- Use of non-official spare parts;
- Failure to comply with transport and storage conditions.
ARTICLE 9: LIABILITY
DEGLACE shall not be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by case law.
Similarly, DEGLACE cannot be held liable for any inconveniences or damages inherent in the use of the Internet and entirely beyond the diligence and precautions taken by DEGLACE.
In any case, if the Seller’s liability were to be retained, the Client’s entitlement would be limited to the amount excluding taxes paid for the purchase of the Product.
ARTICLE 10: INTELLECTUAL PROPERTY
DEGLACE is the owner of all elements constituting the Website, and in particular of the rights to texts, general architecture, animated or still images, graphics, and sounds.
In accordance with the French Intellectual Property Code, any full or partial representation or reproduction made without DEGLACE’s consent is unlawful. The same applies to translation, adaptation, transformation, arrangement, or reproduction by any means or process.
Violation of this clause constitutes counterfeiting, which may lead to criminal sanctions.
The brand distributed by DEGLACE is a registered trademark. The reproduction, imitation, use, positioning, removal, or modification of a registered trademark constitutes counterfeiting, which may lead to criminal sanctions. In France, counterfeiting is a criminal offense punishable by up to 3 years’ imprisonment and a €300,000 fine.
Use of the Website by the Client does not grant them any intellectual property rights over the Website and/or its content and/or the Product.
No provision of the T&Cs may be interpreted as granting the Client any rights whatsoever over intellectual property elements owned by DEGLACE or to which DEGLACE has the exclusive right of use.
ARTICLE 11: ENTIRE AGREEMENT
The T&Cs concluded between DEGLACE and the Client express the entirety of the rights and obligations of the Parties.
If any provision of the T&Cs is held to be invalid or declared as such by a final decision of a competent court, or if one of the clauses of the T&Cs is deemed null and void due to a change in legislation or regulation, the other provisions shall retain their full force and scope. This shall in no case affect the validity and enforceability of the other provisions of the T&Cs.
ARTICLE 12: NO WAIVER
The fact that either party does not claim the application of any clause of the T&Cs or acquiesces to its non-performance, whether permanently or temporarily, may not be interpreted as a waiver by that party of the rights deriving from said clause.
ARTICLE 13: PERSONAL DATA
The Client is informed that the Seller is required to implement, under its responsibility, processing of personal data collected in the context of the order, notably for the purposes of managing the commercial relationship (including monitoring and managing orders), communication and commercial prospecting (for products similar to those already ordered), and statistics.
For more information on the management of personal data and to exercise their rights, the Client is referred to the Privacy Policy available on the Website (link at the bottom of the Website homepage), which supplements these T&Cs.
ARTICLE 14: GOVERNING LAW – MEDIATION
The T&Cs are subject to French law.
In the event of a dispute relating to the validity, interpretation, performance, termination, or cancellation, and the consequences of the termination or cancellation of an order, the Client may submit any claim to DEGLACE by registered letter with acknowledgment of receipt sent to the following address: DEGLACE – 34 rue Vergniaud – 59000 LILLE.
If no amicable settlement is reached with DEGLACE, and in accordance with the provisions of Article L.612-2 of the French Consumer Code, the Client may initiate free mediation, within one (1) year of their written complaint to DEGLACE, with:
- The competent Consumer Mediator: CNP Médiation Consommation. To learn how to contact the Mediator, click here,
- Or through the dispute resolution platform made available online by the European Commission:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
If no agreement is reached at the end of the mediation procedure, the Client and/or DEGLACE may bring the matter before the competent courts.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of DEGLACE – Returns Department – 34 Rue Vergniaud, 59000 LILLE (France)
I/We () hereby notify you of my/our () withdrawal from the contract concerning the sale of the products below:
Ordered on () / Received on (): _____________________________________________
Name of Client(s): _____________________________________________
Address of Client(s): _____________________________________________
Signature of Client(s): _____________________________________________
Date: ___________________
(*) Delete as appropriate.
