The company D87 PARIS SAS (hereinafter "D87Paris", "D87 MagicLamp") is a SAS company with a capital of 7000 euros, registered with the RCS de Meaux under number 822297891 00019 and whose head office is located at 7 avenue Christian Doppler, 77700 Serris, France.
D87 MagicLamp is a service of D87Paris that acts primarily as an intermediary in the relations between its users (hereinafter "customers" or "members") and their product suppliers or service providers.
These Terms are available on www.D87.Paris or www.D87Paris.com and are systematically transmitted to each customer to enable him to place an order. They are also available on request in the D87Paris reference document.
The abstention by D87 MagicLamp and D87Paris to avail itself punctually of a provision of the GSC does not imply a waiver of the said provision. If any provision of these GTC was to be void, this does not in any way take the nullity of other provisions.
Any other condition opposed by the customer will, in the absence of prior and express acceptance by D87 MagicLamp and D87Paris, unenforceable against the company, regardless of when it could have been brought to its attention.
The customer must be able to contract and commit to accepting these Terms. If the customer is put in contact with service providers, it is his responsibility to consult their terms and conditions of use (hereinafter "Terms") and to accept them expressly unless express and prior acceptance, regardless of when it has been brought to his attention.
MEMBERSHIP OF SERVICES
Membership in private concierge services provided by D87 MagicLamp is strictly personal. Each customer is responsible for their membership and must take all necessary measures so that no one other than himself uses it on his behalf.
The benefit of an order placed with D87 MagicLamp is reserved for the customer who ordered it and can not be transferred to a third party without the prior and express agreement of D87 MagicLamp and, as the case may be, the supplier or the service provider.
It is expressly forbidden to make professional use of services subscribed individually. It is forbidden, for example, to reserve services for its own private customers. This type of service for third parties is the subject of a commercial study and an offer made under a so-called "corporate" contract between D87 MagicLamp and the company.
A quote validation for a customer is subject to an acceptance of D87Paris or D87 MagicLamp who undertakes to notify the member of the acceptance of this validation within 48 business hours of his request.
Each customer undertakes to provide D87 MagicLamp and/or D87Paris, at the time of their request, with exact information. Any missing information may delay the validation or issuance of the quote. D87 MagicLamp cannot be held responsible for the consequences of any erroneous or misleading information communicated by the customer.
Any changes to personal data must be communicated, on a voluntary basis, to D87 MagicLamp as soon as possible.
In the event of non-payment of agreed disqualifications, D87 MagicLamp is entitled to send the customer a formal notice to pay within days of receiving it. If, after this deadline, the deadline is still not settled, D87 MagicLamp may cancel the customer's order without any compensation of any kind whatsoever may be paid to the customer.
Unpaid deadlines remain due in full, D87 MagicLamp reserves the right to sue the customer to obtain payment with the exigency as a penalty of compensation equal to 15% of sums due, in addition to legal interest and legal costs potential.
For the sake of quality, calls made to D87 MagicLamp are likely to be registered for the purpose of improving the quality of service. The client will always be informed and may refuse to do so.
D87 MagicLamp reserves the right to cancel or suspend an estimate on its own initiative, without prior notice.
D87 MagicLamp reserves the right to review its prices at any time.
APPLICATION OF THE DISBURSEMENT SCHEME (Article 267-2 of the French Tax Code)
The requests transmitted to D87 MagicLamp must respect the legal and ethical framework. In the event of non-compliance, D87 MagicLamp is authorized to refuse the customer's request.
Access to janitorial products and services may be restricted for certain individuals or countries. D87 MagicLamp will not deal with any request that contravenes the laws of public order or morality of the country of a performance of the contract.
Orders placed with D87 MagicLamp are subject to availability from service providers. In case of unavailability of a service, D87Paris undertakes to provide its best efforts to offer alternative services.
In case of non-acceptance of the alternatives by the customer, D87 MagicLamp will cancel the request outright. No compensation can be requested by the member in this case.
To place orders or to inquire about the products and services offered by D87 MagicLamp, the member can use the various means below:
- Internet on www.D87.Paris or www.D87Paris.com via the secure customer area assigned to each customer,
- The telephone number of the mobile phone of his concierge which was given to him at the time of his order,
- Mail to the following address: 7 Avenues Christian Doppler, 77700 Serris, France,
- E-mail to his concierge or DreamTailoring@D87.Paris.
Prior to placing an order, the customer must provide D87 MagicLamp with his personal or professional address, e-mail, telephone number (fax), a method of payment and information relating thereto. This will allow D87 MagicLamp to contact him very quickly.
All orders will be confirmed, as soon as possible, to the member by D87 MagicLamp and this by e-mail, on the Internet space allocated under the heading "my account" or by fax. This confirmation will include:
- The number of the order,
- The nature of the product or service ordered,
- The quantity of the product or service ordered,
- The unit price of the product or service ordered, excluding tax and VAT,
- The delivery time of the product or service ordered,
- The terms of delivery of the product or service ordered,
- The cancellation conditions.
The validation of the order of the customer by D87 MagicLamp in response to his request is acceptance of debit on the means of payment chosen by the customer of the total amount of the order.
The customer must ensure that the details of his credit card are correct and that he has funds available on his bank account to pay for the services and/or products ordered.
The customer can follow, step by step, the status of his order on the Internet space assigned to him by D87 MagicLamp, under the heading "my account".
D87 MagicLamp will send him, if necessary, all the useful information inherent to his order including:
- Reservation numbers (restaurant, hotel, ticketing),
- Dates, times and places of departure and arrival (transportation, travel),
- The address of hotels (travel/tourism),
- The names and addresses of the suppliers of the product and/or service providers.
All orders are subject to availability of inventory or services at the supplier (s) and service provider (s). The customer will be contacted and alternative solutions will be proposed to him as soon as possible in case:
- Out of stock of ordered products,
- unavailability of the services ordered,
- change in the nature of the product or service ordered,
- Change of the price of the service or product indicated by D87 MagicLamp to the customer,
- Change the delivery time specified by D87 DreamTailoring to the customer.
The proposed alternatives will be implemented upon receipt of a written agreement returned by the customer. In the event that no alternative solution is found or accepted by the customer within 7 working days, D87 MagicLamp proceeds to the outright cancellation of the order. Therefore, no compensation of any nature whatsoever can be requested from D87 MagicLamp by the customer.
In the event that a payment has been made, and unless the alternative solution found would be totally different from the customer's order, the latter would be refunded directly by the supplier in case of cancellation of the order.
The benefit of the order is personal and the customer can not transfer it to the benefit of a third party without the prior and express agreement of D87 MagicLamp.
Any modification or cancellation of order at the initiative of the customer must occur within a maximum of 7 working days to be taken into consideration by D87 MagicLamp who will appreciate it depending on the nature of the products or services.
In any case, any modification or cancellation of order by the customer is subject to the express acceptance of D87Paris.
PAYMENT OF THE ORDER BY THE CUSTOMER
Products and services will be invoiced on the basis of precisely indicated rates, in euros including VAT, when the order is confirmed by D87 MagicLamp.
The validation by the member of the proposal sent by D87 MagicLamp in response to his request is acceptance of debit on the means of payment chosen by the customer of the amount of the order. The customer must ensure that the details of his method of payment are correct and that he has funds available on his bank account to pay for the services and/or products ordered.
The order will be considered validated only upon receipt of the total payment thereof. Payment may be made in other ways provided that the customer is strictly informed in writing.
The customer may request and authorize D87 MagicLamp to use their credit card to pay for itself, a provider and/or a supplier.
Upon validation of the order, the customer agrees to pay the service as soon as possible. In case of late payment, D87 MagicLamp cannot be held responsible for changes in availability and prices of products and/or services ordered.
In case of late payment, penalties may be applied, either by D87 MagicLamp corresponding to 3 times the legal interest rate, or by the supplier concerned on the basis of its own TOS.
All professionals (excluding consumers), in addition to the above-mentioned penalties, are subject to the rules relating to the payment periods appearing in the Commercial Code and will have to pay an allowance of 40 Euros (articles D. 441-5 & L.441-6 of the Commercial Code) when they pay an invoice after the expiry of the payment period.
In case of late payment by the customer, orders or deliveries in progress may be canceled without prior notice or prejudice any compensation and/or course of action.
Failure to pay an invoice on its due date authorizes D87 MagicLamp to cancel orders or deliveries in progress, without prior notice, without compensation, without action and without recovery of sums remaining due by the customer.
Some types of requests may generate additional processing fees.
The customer now authorizes D87 MagicLamp to re-invoice these fees and authorizes it to be withdrawn from its payment method. Under no circumstances will D87 MagicLamp make payments for its customers' orders.
The payment will be made according to the general conditions of use of the supplier. The payment can be made according to different conditions, subject to prior information from the customer.
The conditions of delivery of the product or service ordered will be fixed on the occasion of the written confirmation which will be addressed to the customer by D87 MagicLamp.
The delivery by D87 MagicLamp of products ordered by the member does not in any way presume that the sale is made directly by D87 MagicLamp. The latter intervenes only as an intermediary in the relationship between customers and suppliers.
Delivery times will be indicated in the written confirmation that will be sent to the customer by D87 MagicLamp.
Despite the care taken to strictly observe the agreed deadlines, D87 MagicLamp cannot be held responsible for damages or damages caused by a delay in the delivery of a product or service.
Failure to comply with agreed delivery times will not result in any compensation of any kind from D87 MagicLamp.
Regarding the delivery of tickets order on the services D87 MagicLamp. Upon confirmation of the purchase, the customer chooses the method of delivery of his ticket:
- Delivery by mail,
- E-ticket: printed ticket at home on A4 paper,
- M-ticket: ticket downloaded as an image, using a Smartphone,
By accepting the present general conditions of sale, the customer also accepts the conditions of use of the e-ticket and m-ticket.
The organizers are not all equipped to read tickets on mobile, m-tickets are not always available. The customer is informed when ordering the availability of the ticket in the form of m-ticket. In case of unavailability, the customer must print his ticket or have it delivered. Otherwise, he may be denied access to the event.
The m-ticket requires the possession of a French mobile phone type Smartphone. The customer may, if necessary, be required to contact his mobile operator to set his phone for this purpose. The customer will be able to access his D87 MagicLamp ticket by connecting directly to the D87 MagicLamp site.
The e-ticket requires the possession of a printer, in order to be able to print the title on a white sheet, A4 size. The customer can indifferently print his ticket in black and white or in color.
When receiving your order, you must
- Check the conformity of the goods delivered at the time of delivery,
- Indicate any anomaly on the delivery note in the form of handwritten reservation accompanied by your signature,
- Confirm these reservations by acknowledgment of receipt to the carrier within three working days.
If the items need to be returned to us, they must be the subject of a request for return to our services (contact form) within 14 days of delivery. After this period, any claim cannot be accepted. For more information, contact D87Paris customer service via the contact section or by sending an email to firstname.lastname@example.org. It will offer a refund upon presentation of a number of documents.
ABSENCE OR DELAY OF DELIVERY
In case of delay or absence of Product, the customer can contact our customer service:
- On the D87.paris website, by sending an e-mail via the contact form,
- By e-mail to email@example.com.
If we have not executed within this period, then you have the option to cancel your order in the same manner (by LRAR or a writing on durable medium).
Within fourteen (14) days of the day of your request, we will make a refund request to your bank.
If the opening of a postal survey was necessary (abnormal delivery time, undelivered package, etc.), the customer must inform D87 MagicLamp as soon as possible, and no later than one (1) month from the expected delivery date of the package. After this period, no claim can be taken into account.
At the request of the customer, D87 MagicLamp through its service D87 DreamTailoring can make purchases on its behalf outside the D87 DreamBox already proposed. An hourly rate of 60 euros TTC per hour of shopping may be charged after the agreement of the client for the removal of a concierge (any time started is due).
D87 MagicLamp is not responsible for the loss of the tickets or their bad routing by post, it is specified that no duplicate of the said tickets can be transmitted to the beneficiary.
D87 MagicLamp cannot be held responsible for the cancellation or postponement of a show or event. In the event of cancellation or postponement by the artist, the producer or the organizer and whatever the circumstance, D87 MagicLamp will be able to be held only with the refunding of the face value of the tickets, subject to the obtaining of the refund from the producer or the organizer.
In accordance with Article L.121-21-8 of the Consumer Code, tickets cannot be the subject of a right of withdrawal.
RESTAURANTS AND CLUBS
For certain club and restaurant reservations, the customer authorizes D87 MagicLamp to use their credit card to guarantee reservations.
TAXIS OR VTC
In case of absence of the customer at the appointment scheduled at the time of order and more generally, if the taxi or VTC does not charge the customer's race ("unloaded"), the latter will be liable for a lump sum of 40 euros TTC. However, it is specified that a tolerance will be given to the first occurrence of a non-charge and that these fees will be due by the customer at the second occurrence. Failure to pay the sums due for this purpose within 15 days net may result in prosecution.
OBLIGATIONS OF D87PARIS AND D87 MAGICLAMP
D87 MagicLamp undertakes to respond to requests made by the customer, whatever they are, in a minimum of time and undertakes to provide him with advice regarding them, within the limits set by these Terms.
D87 MagicLamp acts as an intermediary and is responsible for representing the customer with service providers and/or suppliers.
By the very nature of its activity, D87 MagicLamp is held to an obligation of means and not of results. Therefore, D87 MagicLamp cannot pay compensation of any kind. Only the responsibility of the supplier can be engaged.
The customer acknowledges and agrees that D87 MagicLamp acts according to the requests as expressed in the requests it transmits.
D87 MagicLamp cannot be held responsible for any error that the customer would, in any way, at the origin.
D87 MagicLamp cannot be held responsible for the choice of its service providers.
D87 MagicLamp is authorized to cancel or refuse the orders of a member with whom there is a dispute.
D87 MagicLamp cannot be held responsible for the non-fulfillment of its obligations in case of force majeure (disturbances, a strike of the transports, the communications or the postal services, flood, storm, natural disasters, fire or computer breakdown ...) as defined by the applicable law or the jurisprudence of the French courts.
Providers and/or suppliers are responsible for the services, products or benefits they offer to customers. D87 MagicLamp cannot be held responsible for the bad execution of an order.
In case of a claim, the customer will therefore directly address the supplier of the service or product concerned for any claim for compensation or any other request for the product or service ordered through D87Paris to claim compensation.
D87Paris is exempted from all responsibility relating to the execution of the sales contract and the delivery of the ordered products and services. D87 MagicLamp will be able to transmit to the supplier the letters of complaint thus addressed by the customer.
The responsibility of D87Paris will, in any case, be limited to 25% of the amount of the customer's bill at the time of the dispute.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
D87 MagicLamp is committed to scrupulously respecting the trust of its customers' place in it. In correlation with its ethics and ethics, D87 MagicLamp protects the personal information that its customers may have to communicate to it as part of their order.
The use of personal information is reserved for internal use: order management, delivery, billing, solvency tracking as well as all internal marketing studies and personalized advertising.
In accordance with the legal obligations, and in accordance with the CNIL (number 1997927v0), D87 MagicLamp keeps this information in the legal conditions. This information is only available to D87 MagicLamp staff (and/or its affiliates) and is only used for the purpose for which the client has provided it.
In accordance with Article 27 of Law No. 78-17 of January 6, 1978, relating to computers, files, and freedoms, customers have the right to access, rectify and delete personal data. who concerns them with the D87 MagicLamp entity by submitting their written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply must be sent.
No personal information of the D87 MagicLamp customer is exchanged, transferred, assigned or sold on any support to third parties.
Only the assumption of redemption of D87Paris and its rights would allow the transmission of such information to the prospective purchaser who would, in turn, be given the same obligation to store and modify the data vis-à-vis the customer.
Pursuant to the law of July 29, 1881, the company D87Paris reserves the right to sue any person who is the author of an insult or defamation against him.
Any allegation or imputation of a fact which would affect the honor or the consideration of the company D87Paris whether it is carried out directly or by way of reproduction is liable to prosecution.
PROTECTION OF THE BRAND AND RIGHTS OF D87 DREAMTAILORING
The trademarks "D87" and "D87Paris" are registered trademarks on which D87Paris has an exclusive right of exploitation. D87Paris has a license to operate the said brand.
Any reproduction, any use or affixing of the mark without the prior agreement of D87Paris is prohibited, in accordance with the code of intellectual property.
The customer agrees to make personal and non-commercial use of the information contained in all documents and the website distributed by D87 MagicLamp.
WITHDRAWAL, CLAIM AND OPPOSITION TO TELEPHONE DEPARTURE
This right of withdrawal can be exercised without having to justify reasons or to pay penalties, except, if necessary, the expenses of return.
In accordance with Article L.121-20 of the Consumer Code, the customer has a period of 7 days clear to assert his right to withdrawal from D87 DreamTailoring, and, from the receipt, for the goods, or acceptance of the offer for the provision of services. When the 7 day period expires on a Saturday, Sunday or a public holiday (or non-working day), it is extended until the next business day.
This right may give rise to either an exchange or a refund from the supplier exclusively. In any case, no return, exchange or refund will be accepted after the period of 7 days from delivery, for the goods, or the acceptance of the offer, for the services.
Shipping and return costs are the sole responsibility of the customer and only the product or service purchased will be refunded by the supplier. Only products returned in perfect condition and on time can be exchanged or refunded. Products returned incomplete, damaged, damaged or soiled will not be returned or exchanged.
Returns are to be made to the address of D87Paris, whose details will be mentioned in the written confirmation sent by the D87Paris following the acceptance of the estimate.
This right of withdrawal does not apply to tourist services, goods made to the specifications of the consumer, or products which, by their nature, can not be returned or may deteriorate or expire quickly.
If the customer uses the service during the withdrawal period, such use will prevent any subsequent retraction.
If the answers given to you by your usual contact do not satisfy your request, you can address your complaint to our customer service department: 7 avenue Christian Doppler, 77700 Serris, France or by e-mail at MagicLamp@D87.Paris. A concierge will call you back as soon as possible.
OPPOSITION TO TELEPHONE DEPARTMENT
If you have provided us with your telephone number (s), you have the option to register for free on an opposition list with the manager designated by decree.
DISPUTE AND APPLICABLE LAW
The law applicable to contractual relations between D87Paris and its customers is exclusively French law.
In case of non-compliance with these Terms, the responsibility of the customer may be engaged.
In case of dispute, the customer undertakes to contact D87Paris in priority in order to find an amicable solution. In the absence of the amicable solution, any dispute concerning the validity, the interpretation or the execution of the present UGC will be submitted to the French courts, to which it is made express exclusive attribution of competence.
D87Paris adheres to the mediation system set up by the CMAP (Mediation and Arbitration Center of Paris), so if you encounter a problem with our services, go to conso.cmap.fr.
D87Paris, Serris the 2nd of April 2018