GENERAL TERMS & CONDITIONS OF SALE
ARTICLE 1. Purpose and acceptance of the GTCS
The present General Terms and Conditions of Sale (hereafter "GTCS") constitute a contract governing the conditions of distance selling of products offered by the company DJV ÉDITIONS through the website www.dejavu-paris.com.
This contract is agreed between DJV ÉDITIONS, a simplified joint stock company with a capital of 10,000€, registered with the Paris Trade and Companies Register under number 810 940 528, whose registered office is located at 98b rue de Montreuil 94300 Vincennes, which operates the website www.dejavu-paris.com, (hereinafter "DÉJÀ-VU ") and you, in your capacity as a consumer (hereinafter " You " or " the Customer ").
DÉJÀ-VU is subject to value added tax (VAT) under the individual identification number FR-0181940528.
98b rue de Montreuil
You must read and accept these General Terms and Conditions of Sale prior to each order by ticking the box provided for this purpose "I have read and l accept the General Terms and Conditions of Sale of DÉJÀ-VU and I undertake to pay for my order".
DÉJÀ-VU reserves the right to adapt or modify at any time the present GTCS in order to comply with legislative and regulatory changes applicable to distance selling contracts or in the event of changes in its ready-to-wear clothing sales activity.
The GTCS thus modified will only be applicable to purchases made after this modification.
The applicable version of the GTCS is always the one displayed on the website at the time of the pre-order or order.
ARTICLE 2. Registration on the site
In order to place an order, you have the choice to create or not a customer account on the DÉJÀ-VU website, that will gather and keep your information for future orders.
These GTCS apply in their entirety regardless of the choice you make.
By placing an order, in any way whatsoever, the Customer declares that he/she is of legal age and has the legal capacity to contract.
ARTICLE 3. Products
In accordance with article L.111-1 of the Consumer Code, DÉJÀ-VU provides you, prior to the conclusion of the sales contract, the products offered for sale as well as their essential characteristics.
The products pre-ordered by DÉJÀ-VU are only offered within the limit of the announced pre-order period and provided that the announced minimum number of pre-ordered products is reached (hereinafter "Pre-order").
Each pre-order campaign generates information, permanently available on the website, relating to the duration of this campaign and the minimum number of items required to launch the pre-order with our suppliers.
Products remaining in stock after delivery and potential returns of pre-ordered products are only offered within the limits of available stocks (hereinafter "Order of products in stock").
ARTICLE 4. Pre-order and order
– ARTICLE 4.1. Pre-order
The placing of a pre-order is subject to compliance with the procedure set up by DÉJÀ-VU, which includes successive stages leading to its validation (selection of the articles, viewing of your basket, choice and methods of delivery, validation and confirmation of your order, payment).
Before proceeding with this validation, you must read and accept without reservation these Terms and Conditions of Sale by ticking the box "I have read and l accept the Terms and Conditions of Sale of DÉJÀ-VU and I agree to pay for my order".
In accordance with article L.221-13 of the Consumer Code, you will then receive by electronic means, which you accept, a summary confirmation of your pre-order.
Invoices are available on demand, and in any case, provided upon delivery.
If the minimum objective of the pre-order campaign is not reached at the time of its closure, DÉJÀ-VU will proceed to the cancellation of your pre-order and the reimbursement of its full amount, including costs, within a maximum period of 14 working days.
—ARTICLE 4.2. Ordering products in stock
The placing of an order for products in stock is subject to compliance with the procedure set up by DÉJÀ-VU, which includes successive stages leading to its validation (selection of articles, viewing your basket, choice and methods of delivery, validation and confirmation of your order, payment).
Before proceeding, you must read and accept without reservation these Terms and Conditions of Sale by ticking the box "I have read and l accept the Terms and Conditions of Sale of DÉJÀ-VU and I agree to pay for my order".
In accordance with article L.221-13 of the Consumer Code, you will then receive by electronic means, which you accept, a summary confirmation of your order.
Invoices are available from your customer account and are, in any case, provided with the summary confirmation of your order.
ARTICLE 5. Price and payment terms
The prices indicated on the website www.dejavu-paris.com are in euros, including VAT (all taxes included).
VAT is applied at the rate in force in metropolitan France at the time of the order. The prices indicated on the website excludes VAT for every order outside of France metropolitan area. French VAT is not applicated outside of France and thus no tax refund can be asked for countries where no export taxes exist. For example, the price indicated for a Rivoli ceramic is 45€incl-tax for orders in France metropolitan and 45€excl-tax for countries such as Switzerland, United Stated, etc.
Prices are exclusive of delivery costs, which are added during the pre-order or order process. The customer participates in the shipping fees by paying a fixe amount of 5€ for deliveries in France and European Union and 13€ for deliveries to other countries. The Customer won’t be charged for shipping fees for all orders above 250€.
In the event that customs duties, import taxes or applicable local taxes are payable, these costs shall be borne by the Customer and shall be his sole responsibility.
DÉJÀ-VU reserves the right to change the price of an article without this change affecting a pre-order or an order already placed.
The payment of purchases is made either via PAYPAL or via the secure platforms of our STRIPE payment providers. The products are payable upon ordering, in full.
DÉJÀ-VU reserves the right to suspend or cancel any order or pre-order in the event that your credit card payment authorisation is declined or in the event of non-payment.
DÉJÀ-VU also reserves the right to refuse or cancel an order or pre-order emanating from a Customer with whom a dispute relating to payment is in progress or is supposed to have taken place on the occasion of a previous order or pre-order, or in the event of objective suspicion of fraud.
Accepted means of payment: Visa, Mastercard, American Express, Paypal.
ARTICLE 6. Delivery
—Article 6.1. Terms and conditions of delivery
Deliveries are made by COLISSIMO, DELIVENGO or LA POSTE.
They are made to the delivery address provided by Customers, which must correspond to their home address, to the address of any other person of their choice, or to their business address.
Deliveries cannot be made to hotels or post office boxes.
The Customer must make sure to provide accurate and complete information regarding the delivery address.
In case of error in the wording of the details of the recipient of the package, DÉJÀ-VU cannot be held responsible for the inability to proceed with this delivery.
In case of absence or impossibility of delivery of the parcel, COLISSIMO will leave you a delivery notice mentioning the address of the post office where you can collect it upon presenting of identity document, and the date on which it will be available there.
—ARTICLE 6.2. Delivery times
——ARTICLE 6.2.1 Delivery time regarding pre-order items
DÉJÀ-VU markets pre-order the Magot handbags in order to meet a need for responsible production.
The manufacturing of these items only starts once the pre-order period with our suppliers is over, and provided that the minimum manufacturing quantities have been reached.
The time between your pre-order and the delivery varies according to the type of product sold and to its manufacturing requirements.
You will be informed on a regular basis of the manufacturing stages and the progress of your order.
As soon as the pre-order period is closed and after checking manufacturing times with our suppliers and manufacturers, you will be informed of the firm delivery time of your DÉJÀ-VU item.
In any event, the maximum delivery time for pre-ordered products will be 4 months from the closure of the pre-order campaign.
In the event of an order for products in stock, they will be delivered within three weeks from the date the order is placed on our website.
—— ARTICLE 6.2.2 Delivery time for in-stock articles
If your order regard in-stock products, the articles will be expedited within 8 working days from the day of order.
The delivery time indicated by La Poste, Colissimo and Delivengo are 2 to 5 days for France and European Union, and 8 to 12 days worldwide.
In the event your order would contain both pre-order items and in-stock items, two separate shipping would occur: the in-stock items will be sent without delay and the pre-order item when it becomes available.
—Article 6.3. Receipt of products and risks transfer
In accordance with Articles L.216-3 et seq. of the French Consumer Code, any risk of loss of or damage to the goods is transferred to the Customer at the time when the Customer, or a third party designated by the Customer, other than the carrier proposed by DÉJÀ-VU, takes physical possession of the goods.
Delivery is deemed to be made as soon as the product is handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.
Upon receipt of the products upon delivery, you are advised to check the apparent condition of the packaging and the product and to report any damage to the carrier and to DÉJÀ-VU on the delivery note as soon as possible.
As an exception, risks are transferred to the Customer when the product is handed over to the carrier when he entrusts the delivery of the goods to a carrier other than the one suggested by DÉJÀ-VU.
ARTICLE 7. Right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, you have a period of fourteen (14) days from the day following receipt of your DÉJÀ-VU item to exercise your right of withdrawal, without having to give any reason or justify your decision.
You can exercise this right by contacting DÉJÀ-VU via email at email@example.com. Your email must mention the following informations :
Object “Return”, Order reference, Client name, Shipping address, Email address used when placing the order.
DÉJÀ-VU will immediately send you an electronic confirmation.
You must return your product no later than 14 days after sending your withdrawal using the return slip provided by DÉJÀ-VU to the address specified on the return slip.
Returns are at the expense of the Customer outside metropolitan France (direct cost of shipping only).
The product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
DÉJÀ-VU will reimburse you the total amount of your order, on the day that the order your retraction relates to has been received by us, using the same means of payment to make this reimbursement as the one used to pay for the order. Shipping fees are not refund.
At the end of the withdrawal period, the sale is firm and final.
ARTICLE 8. Returns, exchange and refund
You have 14 days upon receiving your order to return your items for reimbursement or exchange.
You can exercise this right by contacting DÉJÀ-VU via email at firstname.lastname@example.org. Your email must mention the following informations : Object “Return”, Order reference, Client name, Shipping address, Email address used when placing the order.
DÉJÀ-VU will acknowledge receiving it immediately. You will then have a further 14 days to resend your item using the return slip provided by DÉJÀ-VU to the address specified on the return slip.
Returns are free of charge from metropolitan France.
Returns are at the expense of the Customer outside metropolitan France (direct cost of shipping only) except in the case of a product that does not correspond to your order, in which case the return will be at our expense.
The product must be returned in its original packaging or any other suitable packaging, in its original condition, new, unworn, unwashed, for exchange or refund.
Exchanges will be possible within the limits of available stocks. Failing this, we will proceed to refund your order in full.
Refunds will be made within 7 days of receiving your returned product. The exchanged product will be sent to you within 10 days.
ARTICLE 9. Legal warranties and limitations of liability
All products on sale on the www.dejavu-paris.com website benefit from the legal guarantee of conformity provided for and defined by articles L.217-4 and following of the Consumer Code and the guarantee against hidden defects provided for and defined in articles 1641 and following of the Civil Code.
— ARTICLE 9.1. Legal guarantee of conformity
In accordance with the terms of article L.217-4 of the Consumer Code :
"The Seller shall deliver goods in compliance with the contract and shall be liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsiblity under the contract or has been carried out under his responsibility.
According to the terms of article L.217-5 of the same code, "the property is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, and where appropriate :
- if it corresponds to the description given by the seller and has the features which the seller has presented to the buyer in the form of a sample or model
- if it has the qualities which a buyer may legitimately expect in light of public statements made by the seller, the producer or their representative, especially in advertising and labelling
2° Or if it has the features defined by mutual agreement between the parties or is suitable for any specific use desired by the buyer, brought to the seller's attention and which the latter has accepted "In the context of the legal guarantee of conformity, the Customer is informed that in application of articles L.217-7 et seq. of the same Code :
- Actions resulting from lack of conformity shall be capped to two years after delivery of the goods;
- Conformity defects which become apparent within 24 months of delivery shall be presumed to have existed at the time of delivery, unless proved otherwise. This presumption may be rejected by the seller if it is not compatible with the nature of the goods or the conformity defect at stake;
- In the event of a lack of conformity, the Customer may choose between repair or replacement of the goods subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code and the conditions provided for in Article L.217-10 of the same code;
- However, the sale may not be rescinded if the lack of conformity is minor;
- The implementation of the legal guarantee of conformity is free of charge.
—ARTICLE 9.2. Warranty against hidden defects
According to article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, had they been aware of them.
Within the framework of the guarantee against hidden defects, the Customer is informed that in application of articles 1642 and the following ones of the same code :
- The action resulting from latent defects shall be capped to two years from the discovery of the defect;
- DÉJÀ-VU is not bound by apparent defects which the buyer has been able to convince himself of;
- DÉJÀ-VU is liable for hidden defects of which it could legitimately have been aware at the time of the sale;
- After assessment of the defect, the Customer has the choice to return the item and have the money refunded, or keep the item and have part of the price refunded.
Excluded from the warranty against hidden defects are products that were modified, repaired, integrated or added by the Customer or due to improper use by the Customer.
— ARTICLE 9.3 Implementation
For any request regarding the legal guarantees, you can contact the DÉJÀ-VU customer service:
- By email at email@example.com
- By mail to the following address: DJV EDITIONS SAS - 98b rue de Montreuil - 94300 Vincennes
—ARTICLE 9.4. Limitations
As a reminder, in accordance with Article L.221-15 of the Consumer Code, DÉJÀ-VU may be exonerated from all or part of its responsibility by providing proof that the non-application or poor application of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
ARTICLE 10. Miscellaneous provisions
These GTCS came into force on 23rd October 2020.
In the event that one or more stipulations of these GTC are deemed to be unwritten or declared null and void, they shall remain applicable in all their other provisions provided that the general scheme of the contract is not disrupted.
ARTICLE 11. Dispute settlement and applicable law
These GTCS are governed by French law. Any dispute relating to these GTCS will be submitted to the materially and territorially competent French jurisdiction.
In application of articles L.612-1 and following of the Consumer Code, provided you have previously sent a written complaint to DÉJÀ-VU, you have the right to contact a consumer mediator free of charge for the amicable resolution of a dispute that would oppose you to DÉJÀ-VU. You can send this prior complaint by mail to the address DÉJÀ-VU 98b rue de Montreuil - 94300 Vincennes or by email to firstname.lastname@example.org.
Given the nature of the activity of DÉJÀ-VU, you may resort for free to the MEDICYS mediator (www.medicys-consommation.fr), referenced by the Commission d'Evaluation et de Contrôle de la Médiation de la Consommation (CECMC) as a consumer mediator.
If you do not make a prior written complaint to DÉJÀ-VU, or if the request is clearly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if you have submitted your request to the mediator within more than one year from the date of your written complaint to DÉJÀ-VU, or if the dispute does not fall within the mediator's jurisdiction, it will not be possible to study it.
You will then be informed by the mediator, within three weeks of receiving your file, that your request for mediation has been rejected.
In accordance with Article 14.1 of Regulation (EC) No 524/2013 of the European Parliament and of the Council of 21 May 2013, you can also access the European Union's Online Dispute Resolution (ODR) platform at the following address