Preamble

These general conditions of sale apply to all sales made on the Delta V Creations website.

The website www.deltavcreations.com is a service of the sole proprietorship Delta V Creations (Laura Sofía Urbina EI), located 5 Amelia Earhart C1-307 31400 Toulouse, France, whose website URL is www.deltavcreations.com, the contact email is contact@deltavcreations.com and the telephone number +33 (0) 7 81 77 88 25.

The Delta V Creations website markets the following products: costume jewelery and accessories.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 – Principles

These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order. These general conditions of sale are applicable until December 31, 2025.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer.

These conditions only concern purchases made on this website and delivered exclusively in mainland France and Corsica. For any delivery in the DOM-TOM or outside France, it should be reported to obtain a specific quote.

Article 3 – The order

The buyer places his order online, from the online catalog and using the form on the site. For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.

The buyer will have to choose the address and the mode of delivery. Payment is made by direct debit.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In some cases, including non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

In case of unavailability of a product ordered, the buyer will be informed by e-mail.

The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.

For any question relating to the follow-up of an order, the buyer can :

• call the following number: +33 (0) 7 81 77 88 25 (cost of an international call to France), on the following days and times – Monday to Friday, 9 a.m. to 6 p.m. ;
• send an e-mail to the following address: contact@deltavcreations.com.

Article 4 – Electronic signature

The online provision of the buyer’s bank details and the final validation of the order will constitute proof of the buyer’s agreement. This will allow the seller to obtain payment of the sums due under the order form and this will be worth signature and express acceptance of all the operations carried out.

In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is observed, to contact the seller by calling him at the following number: +33 (0) 7 81 77 88 25, or by sending her an e-mail to the following address: contact@deltavcreations.com.

Article 5 – Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.

Article 6 – Proof of the transaction

The computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 7 – Product information

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of the seller could not be engaged.

The photographs of the products are not contractual.

Article 8 – Price

Calculation

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

Deposit

Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer after 15 days cannot give rise to the reimbursement of this deposit.

Discount

The buyer will be able to benefit from special discounts and rebates if necessary, according to the special conditions specified when ordering.

Article 9 – Method of payment

Rules

This is an order with payment obligation, which means that placing the order involves payment by the buyer. The payment of the order is made only by direct debit from the buyer’s bank account. The buyer must enter his bank details in the space provided and confirm this entry by adding his computer bank details as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. . The seller has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by fax. The order will then only be validated after receipt and verification by the seller of the documents sent.

The price is payable in full and in a single payment upon receipt of the order. The date of payment will be mentioned on the invoice sent to the buyer.

Late payment

Any delay in payment will result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring, in this respect, against the buyer. .

Article 10 – Availability of products 

Except in cases of force majeure or during closing periods clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For any delivery in France (mainland and Corsica), the deadline is delivery by Colissimo no later than 30 days after the order from the day following that on which the buyer placed his order.

For any delivery in the DOM-TOM or outside France, it should be reported to obtain a specific quote.

In case of delay, the responsibility of the seller can not be engaged, and this, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the buyer.

In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.

Article 11 – Terms of delivery

Delivery is made only after confirmation of payment by the seller’s bank.

It is provided within the period specified in Article 10, from the receipt by the seller of the order form.

Any delay greater than 1 month may lead to the resolution of the sale. Deposits paid or payment made to the order will then be returned to the buyer. The payment made with the order will then be returned to the buyer.

In the event of non-compliance with the payment conditions listed above, the seller may suspend or cancel the sale.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliverer will leave a delivery notice in the mailbox, which will allow the parcel to be collected from the place and during the period indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated. in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).

Article 12 – Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.

The complaint may be made, at the choice of the buyer :

• by contacting the seller at the following telephone number : +33 (0) 7 81 77 88 25 ;
• by using the following email address : contact@deltavcreations.com.

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, at the following address: Delta V Creations (Laura Sofia Urbina EI), 5 Allée Amelia Earhart C1 307, 31400 Toulouse.

Return costs are the responsibility of the seller.

Article 13 – Product warranty

The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services, excluding any negligence or fault on the part of the buyer.

In any case, in the event that the seller’s liability is retained, the seller’s guarantee will be limited to the amount excluding tax paid by the buyer for the purchase of the goods.

Article 14 – Right of withdrawal

The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

Article 15 – Force majeure

All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals – the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 16 – Partial non-validation

If one or more clauses of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other clauses will retain their full force. and their scope.

Article 17 – Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 18 – Intellectual Property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

The entire content distributed on the Delta V Créations website (images, texts, products, documents, etc.) is subject to intellectual property protection. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.

The digital products sold (digital embroidery patterns) are for strictly personal use only. Purchasers undertake not to make any commercial use or exploitation of this content (embroidery workshops, confections made from the patterns, etc.). Any total or partial reproduction of this content, or distribution free of charge or for a fee, or copying, is strictly forbidden and exposes the offender to legal proceedings.

Article 19 – Applicable law

These general conditions are subject to the application of French law.

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.

If they do not succeed, the parties will submit the dispute to the Commercial Court.

Article 20 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 21 – Collection of personal data

Data collected:

The personal data collected on this site are as follows :

• Account opening: when creating the user’s account, his surname, first name, e-mail address: telephone number; address.
• Connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, use, location and payment data.
• Profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number.
• Payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user’s bank account or credit card.
• Communication: when the website is used to communicate with other members, the data concerning the user’s communications are subject to temporary storage.
• Cookies: cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows :

• access and use of the website by the user;
• management of the operation of the website;
• organization of the conditions of use of the Payment Services ;
• verification, identification and authentication of data transmitted by the user ;
• offering the user the possibility of communicating with other users of the website ;
• implementation of user assistance ;
• personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences ;
• prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
• management of any disputes with users ;
• sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases :

• when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
• when the user publishes publicly available information in the free comment areas of the website;
• when the user authorizes the website of a third party to access his data ;
• when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data staff  ;
• if required by law, the website may transmit data to respond to claims against the website and to comply with administrative and legal procedures ;
• if the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

Security and privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise at the following address contact@deltavcreations.com.

• They can update or delete the data that concerns them by logging into their account and configuring the settings of this account.
• They can delete their account by writing to the following email address contact@deltavcreations.com. It should be noted that information shared with other users, such as posts on forums, may remain visible to the public on the website, even after the deletion of their account.
• They can exercise their right of access, to know the personal data concerning them, by writing to the following email address : contact@deltavcreations.com. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
• If the personal data held by the website is inaccurate, they may request that the information be updated, by writing to the following email address: contact@deltavcreations.com.
• Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@deltavcreations.com.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.