Terms of Sales
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General Terms and Conditions of Sale
Last update: 28/01/2025
Copyright © Delta V Créations – Laura Sofía Urbina EI
Preamble and definitions
These general terms and conditions of sale apply to all sales concluded on the websites accessible via the URL https://deltavcreations.com/, as well as the sub-site https://academy.deltavcreations.com/.
The https://deltavcreations.com/ and https://academy.deltavcreations.com/ websites are services of the sole proprietorship Delta V Créations – Laura Sofía Urbina EI, located at 5 Amelia Earhart C1-307 31400 Toulouse, France, whose contact e-mail address is contact@deltavcreations.com and whose telephone number is +33 (0) 7 81 77 88 25.
The Delta V Créations website offers a unique selection of hand-embroidered products, entirely designed and made in France. You will discover:
- embroidered artworks,
- custom-made artistic and fashion creations,
- a range of embroidered accessories and costume jewellery.
Each product is designed and produced by Laura Sofía Urbina, the brand’s creator and manager, in her workshop in Toulouse. These unique pieces, crafted with care and creativity, reflect her artisanal know-how and special attention to detail.
The Academy – Delta V Créations website is entirely dedicated to learning and practising Haute Couture embroidery. The site offers a variety of services designed to support embroidery enthusiasts, whether beginners or experienced, on their creative journey.
You’ll find:
- online Haute Couture embroidery courses to learn the fundamental techniques,
- video tutorials to help you perfect your skills,
- embroidery patterns specially designed for practice and progress,
- a digital custom design service to create your own Haute Couture embroidery projects,
- and in-person workshops for an immersive, hands-on learning experience.
Each service is designed and offered by Laura Sofía Urbina, designer and expert in French Haute Couture embroidery, who shares her know-how with passion from her workshop in Toulouse (France). This site embodies a unique approach, combining tradition and modernity, to pass on the art of embroidery in an accessible and inspiring way.
The Client declares that he/she has read and accepted the GTCS prior to placing his/her Order. Validation of the Order therefore implies acceptance of the GTCS.
Terms defined with a capital letter have the meaning specified below:
Company or Seller
Refers to the sole proprietorship Delta V Créations – Laura Sofía Urbina EI, operating under this name for the purposes of these GTCS.
Site
Refers to the website accessible via the URL https://deltavcreations.com/, as well as the sub-site https://academy.deltavcreations.com/.
In particular, it enables the presentation and marketing of its Goods and Services; access to a Content consultation area, access to an area reserved for Clients, and any other Service provided by the Company.
User
Refers to any individual or legal entity accessing, browsing or using the Site on a non-contractual basis.
Good or Product
Refers to any item, whether physical or digital, offered for sale on the Site – available to Order – including in particular:
- Embroidery projects (PDF or other downloadable formats);
- Custom digital embroidery patterns;
- Embroidery kits, accessories and tools.
Service
Refers to the set of services offered for sale on the Site – available on Order – and in particular the:
- On-line training (access to a variety of digital resources: documents, videos, presentations, etc., making up the teaching aids);
- Face-to-face embroidery classes, workshops and courses.
Order
Refers to any purchase or subscription made by a Client to the Company via the Site, relating to a Product or Service.
Client or Buyer
Refers to any natural person or legal entity, professional or otherwise, who has placed an Order with the Company via the Site.
General Terms and Conditions of Sale or GTCS
Means this document, including any other content expressly referenced on the Site, which governs the contractual relationship between the Company and its Clients.
Identifiers
Refers to the confidential information (user name and password) provided by the Company to the Client, enabling the latter to access his Personal Space or the subscribed Service.
Partner
Refers to any professional or third-party organisation working with the Company to provide a Service, and to which the Client may be directed in this context.
Training
Refers to any training offer (online or in person) presented on the Site, consisting of art embroidery educational content enabling all enthusiasts to follow embroidery courses such as: videos, audio recordings, written documents, downloadable media and other educational resources.
Beneficiary or Recipient
Refers to any natural person who benefits from one or more Trainings purchased online on the Site by a Client, either for themselves or as the recipient of a gift. The Beneficiary may be the same person as the Client or a different person.
Contents
Refers to all digital data and information provided by the Company, whether free of charge or for a fee, as part of access to the Site, including in particular: texts, images, illustrations, videos, graphics, logos, icons, sounds and audio recording software, teaching aids and digital documents.
Personal Space
Means the online interface made available to the Client by the Company, accessible via the Client’s Identifiers, and enabling the Client to access the Services or information relating to the Order.
Protected Elements
Refers to all intellectual property rights held exclusively by the Company, including but not limited to its brands, logos, creations, models, advertising materials, products, representations of its products, patents, business secrets, know-how, as well as any other distinctive or original element belonging to the Company and likely to be protected by intellectual property rights.
Article 1 – Principles
These GTCS express all the rights and obligations of the parties in the context of their contractual relationship. The Client is therefore deemed to accept them without reservation.
The Company and the Client agree that these GSC govern their relationship exclusively. These GTCS are in force from the date of their publication on the Site and may be modified at any time. The applicable GTCS are those in force at the time the Order is validated.
The GTCS take effect from the date of their update, which is indicated at the top of these GTCS, and apply to the exclusion of all other conditions, in particular those applicable to sales in shops or via other distribution and marketing channels.
The GTCS are accessible at all times on the Site and take precedence, where applicable, over any other version, whether previous or future.
If a condition of sale is lacking, it shall be deemed to be governed by the practices in force in the distance selling and service provision sector whose companies have their registered offices in France.
Before placing any Order, the Client declares that he/she has read and accepted the GTCS, which implies unreserved acceptance of the GTCS.
Article 2 – Content
The purpose of these GTCS is to define the rights and obligations of the parties in connection with the online sale of Goods and Services offered by the Company to the Client from the Site.
The Client may, at any time, request a copy of the version of the GTCS applicable to his/her Order. No special terms and conditions issued by the Client may be added to or substituted for these GTCS.
The Company reserves the right to establish specific conditions applicable to certain Goods, Services or special offers, which will be communicated to the Client before the Order is placed.
The fact that the Company does not assert a breach by the Client of any of its obligations hereunder shall not be construed as a waiver of its right to assert such breach at a later date.
Article 3 – Pre-contractual information
Prior to placing an Order and entering into a contract, the Client acknowledges having been provided, in a legible and comprehensible manner, with these GTCS and with all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the Client in a clear and comprehensible manner:
- the essential characteristics of the Good or Service;
- the price of the Good or Service and/or the method of calculating the price;
- where applicable, any additional transport, delivery or postage charges and any other charges that may be payable;
- in the absence of immediate performance of the contract, the date or deadline by which the Company undertakes to deliver the Good, regardless of its price;
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 – Information on Goods and Services
Description of Products
A Good or Product means any item, whether physical or digital, offered for sale on the Site – available to Order – including in particular:
- Embroidery projects (PDF or other downloadable formats);
- Digital embroidery patterns;
- Embroidery kits, accessories and tools.
The Company offers embroidery projects exclusively in dematerialised format. No physical product is sent by post, unless the Client purchases a kit of materials and supplies. In this case, the kit is sent by post in accordance with the terms and conditions indicated on the Site. When an Order is validated, the Client receives an e-mail containing download links within a few minutes. These links enable the Client to download the digital Products in the form of a .pdf file, which may be printed by the Client or viewed on screen.
The Company declines all liability in the event of an error in the e-mail address entered by the Client when placing the Order.
The Products governed by these GTCS are those which appear on the Seller’s Site and which are indicated as sold and dispatched by the Company. They are offered subject to availability.
The Products are described and presented as accurately as possible. However, the Seller may not be held liable for any errors or omissions in this presentation. The photographs of the Products are for illustrative purposes only and are not contractually binding.
The Client may consult the detailed presentation of the Goods directly on the Site. This information is summarised on the Order page and in the confirmation e-mail sent after the Order has been validated. All Product offers are subject to change; only the Product described at the time the Order is placed shall be binding on the Client.
Description of Services
A Service refers to the set of services offered for sale on the Site – available on Order – and in particular the following Services:
- On-line training (access to a variety of digital resources: documents, videos, presentations, etc., making up the teaching aids);
- Face-to-face embroidery classes, workshops and courses.
The Client can consult the detailed presentation of the Services directly on the Site. This information is summarised on the Order page and in the confirmation e-mail sent after the Order has been validated. All Service offers are subject to change; only the Service described at the time the Order is placed is binding on the Client.
Where a contract relates to the provision of digital content or services (to the exclusion of other types of services), these are provided ‘as is’, without any guarantee of a minimum level of service quality.
The Services governed by these GTCS are described and presented as accurately as possible. However, the Company may not be held liable for any errors or omissions, unless these relate to a substantial element of the offer.
The Service subscribed to by the Client is provided in its version up to date on the date of purchase. Subsequent updates are not included in the initial price of the Service.
The Service is available to the Client for the period specified on the Site when the Order is placed. If no duration is specified, the Service remains accessible for a minimum period of one year from the date it is made fully available. After this period, the Company reserves the right to withdraw access to the Service at any time.
For online training courses or any other offer of access to digital content, the media provided (PDF, audio or video) must be downloaded by the Client in their latest version before the expiry of their access rights to the Service.
Description of Trainings
The Training Courses offered by the Company are available in different types, depending in particular on the level of the Beneficiary. Each Training Course is described in detail on the Site, including its teaching methods (with, where applicable, additional information concerning the equipment or materials required for participation, but not included in the price of the Training Course), the number of hours, prices, etc.
The Company reserves the right to modify the Training Courses offered at any time. However, any Training already purchased will be provided in accordance with the conditions in force at the time of purchase by the Client. Clients are advised to consult the Site before placing any new Training Orders in order to check the latest information.
For some Training Courses, the purchase of equipment, materials and/or supplies is required to ensure that the Training Course runs smoothly. The Company may offer such equipment and/or materials and/or supplies in the form of kits. The Client is free to purchase these kits offered by the Company or to obtain the necessary equipment by its own means.
The Company declines all liability in the event of any problem relating to the proper conduct of the Training if the Client chooses to obtain the equipment, materials and/or supplies by its own means, other than in accordance with the recommendations provided.
Information concerning the equipment and/or materials and/or supplies required, as well as their prices, is available on the Site, in the description of the Training Courses concerned, or can be obtained by contacting the Company directly.
For face-to-face Training, the equipment and/or materials and/or supplies are not sold online. They must be purchased and paid for directly from the Company at the Training venue, before the Training begins.
Article 5 – The Order
The Client may place an Order online, from the online catalogue of Goods and Services and using the form provided therein, for any Product, subject to availability.
The Client will be informed of any unavailability of the Product ordered.
Order Process and Client Responsibility
After selecting the desired Product or Service on the Site, the Client is redirected to an Order page where he/she must enter his/her contact details and payment details (payment in one go or in several instalments, choice of payment method).
The Client is solely responsible for the accuracy of the information provided when placing the Order. They guarantee that this information is complete, accurate and truthful, and undertake not to impersonate anyone. In particular, the Client must have a valid and functional e-mail address, enabling him/her to receive Order confirmations, download links, access codes to the digital Services or any other information required to complete the Order.
The Company may not be held liable for the consequences of erroneous, incomplete or false information provided by the Client. Any error or omission preventing the delivery of a Product or the provision of a Service shall be the sole responsibility of the Client.
For the Order to be validated, the Client must accept these GTCS by clicking where indicated. They must also choose the delivery address and method (if applicable), and finally validate the payment method.
The sale will be considered final:
- once the Company has sent the Client confirmation of acceptance of the Order by e-mail;
- and once the Company has received payment in full.
Capacity to Contract and Client Guarantees
By validating an Order, the Client declares that he/she is of legal age and legally capable of entering into a contract in accordance with the legislation in force in his/her country. If the Client is acting on behalf of a third party, they guarantee that they have a valid mandate authorising them to subscribe to the Product or Service on behalf of this person.
The Client undertakes to use a method of payment for which he/she holds the necessary authorisations. They guarantee the Company against any unauthorised or fraudulent use of the payment method selected when validating the Order.
In the absence of proof to the contrary, the data recorded by the Site shall constitute irrefutable proof of all exchanges, acceptances and transactions between the Client and the Company.
Order validation and commitment
All Orders placed with the Company are considered firm and definitive. It implies full and complete acceptance of these GTCS under the conditions set out herein, as well as the Client’s obligation to pay the full amount corresponding to the Product or Service ordered.
Validation of an Order implies acceptance of the prices, descriptions and characteristics of the Products and Services offered for sale. Any dispute relating to these elements must be dealt with within the framework of the exchanges or guarantees described below.
The Company reserves the right to suspend or block an Order in the event of non-payment, incorrect address or any other problem relating to the Client’s account, until the situation has been fully resolved.
Once the Client has read and accepted the GTCS on the Order page, they will be taken to a summary page detailing the information relating to their Order. They must check this information, correct any errors if necessary, and then provide their bank details to validate the payment. Final confirmation of the Order by a second click constitutes final and irrevocable confirmation of the Order.
For any questions relating to the processing of an Order, Clients may call the following telephone number: +33 (0) 7 81 77 88 25 (cost of an international call), on the following days and at the following times: Monday to Saturday, 9 a.m. to 6 p.m., or send an e-mail to the Seller at the following e-mail address: contact@deltavcreations.com.
Invoicing and management of contractual documents
The Company uses Henrri, a third-party software package, to issue and manage quotations and invoices relating to Orders placed on the Site.
As such, certain information provided by the Customer when placing an Order (surname, first name, address, invoicing details) is processed via this solution to enable contractual documents to be generated and sent.
Henrri applies its own Privacy Policy, which the Customer is invited to consult on their official website. The Company cannot be held responsible for the processing of Data carried out by this third-party service provider.
The Customer may receive their invoice by email or, where applicable, access their documents via the Henrri customer area, if this service is activated by the Company.
For further information on the protection of personal data, please refer to the Site’s Charter on the protection of personal data, which can be accessed from the ‘’Privacy Policy‘’ section.
Article 6 – Electronic signature
The provision of the Client’s bank card number online and the final validation of the Order shall constitute:
- proof of the Client’s agreement;
- payment of the sums due for the Order placed;
- signature and express acceptance of all the operations carried out during the Order on the Site (ticking and unticking boxes, validation clicks, etc.).
In the event of fraudulent use of a bank card, the Client is invited to contact the Company on the following telephone number: +33 (0) 7 81 77 88 25.
Article 7 – Order Confirmation
The Company shall send the Client an e-mail confirming and summarising the Order as soon as the payment has been validated by the Company or its payment service provider.
Article 8 – Proof of transaction
The electronic registers kept in the Company’s computer systems, under reasonable security conditions, are proof of the exchanges, Orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium, which may be presented as proof should the need arise.
Article 9 – Price
The Company reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the Order is placed, subject to availability of the Products and Services on that date.
Prices are given in euros (€) and include VAT. They do not include delivery charges, which are invoiced in addition and indicated before the Order is validated. Prices include the VAT applicable on the date of the Order and any change in the applicable VAT rate will automatically be reflected in the price of the Products and Services in the online shop.
Payment of the full price must be made at the time the Order is placed, unless the Company gives its prior written consent. At no time may the sums paid be considered as deposits or advance payments, unless otherwise specified in the special conditions agreed with the Client.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the sale price of the Products and Services.
In accordance with article 261-4-4° of the French General Tax Code, the teaching services offered on the Site are exempt from VAT.
In the case of international sales, all customs duties and applicable taxes are the sole responsibility of the Client. The Company declines all liability in this respect, as these obligations are the sole responsibility of the Client.
Down payment for personalised and/or customised products
For the creation of personalised or made-to-measure Products, the Company may require the payment of a deposit corresponding to 50% of the total amount of the Order including VAT, unless another amount has been expressly agreed between the Client and the Company.
This non-refundable deposit formalises the final validation of the Order and the start of the creative work. By accepting these GTCS, the Client acknowledges that he/she waives any right of withdrawal for personalised or made-to-measure Products, in accordance with the provisions of article L.221-28 of the French Consumer Code.
Any cancellation of the Order after payment of the deposit shall not entail reimbursement, except in the event of force majeure or cancellation of the Order by the Company.
Payment terms for personalised and/or made-to-measure products
Orders must be paid for using the payment methods indicated on the Site or agreed with the Company.
Payment for personalised and/or made-to-measure Products may be made using the following two methods:
1- Full payment:
The Client may choose to pay 100% of the amount including VAT at the time of the Order. In this case, no additional payment will be required at a later date.
2- Payment on account:
The Client shall pay the deposit agreed with the Company, corresponding to 50% of the amount of the Order including VAT (or any other sum expressly agreed with the Company), at the time of the Order. This deposit is non-refundable, except in the event of force majeure or cancellation by the Company.
The remaining balance must be paid before the Products are dispatched or in accordance with the terms and conditions communicated to the Client at the time of the Order.
Reservation of ownership clause
The Company retains ownership of the Products sold until full and final payment of the price by the Client, in principal and accessories. In the event of non-payment within the agreed timeframe, the Company reserves the right to demand the return of the Products at the Client’s exclusive expense.
Training Prices
The prices of the Trainings are those in force on the Site on the day the Order is placed. The prices of the Trainings may change, but the price changes will not apply to Trainings already purchased by the Client at the time of the price change.
Prices only include participation in the Trainings concerned.
For certain Trainings, the purchase of equipment, materials and/or supplies is required to ensure that the Training runs smoothly. Information concerning the equipment and/or materials and/or supplies required, as well as their prices, is available on the Site, in the description of the Training concerned, or can be obtained by contacting the Company directly.
For face-to-face Training, the equipment and/or materials and/or supplies are not sold online. They must be purchased and paid for directly from the Company at the Training venue, before the Training begins.
Deposit for in-person trainings
In the case of in-person Training, the Company may require payment of a deposit corresponding to 50% of the total amount (including VAT) of the Order, unless another amount has been expressly agreed between the Client and the Company.
The purpose of this deposit is to reserve the Client’s place on the Training Course. It is refundable up to 10 calendar days prior to the Training date, subject to the Client’s written request for cancellation sent to the Company. After this deadline, the deposit paid will not be refunded, except in cases of force majeure.
Article 10 – Amounts due
Validation of the Order shall entail immediate payment of all amounts due in respect thereof. By validating the Order, the Client authorises the Company, or its Partners and payment service providers, to send the necessary instructions to its bank to debit the bank account indicated at the time of the Order, in accordance with any due dates specified in the Order summary.
Article 11 – Payment methods
This is an Order with a payment obligation, which means that placing the Order implies payment by the Client.
To pay for their Order, Clients may choose from any of the payment methods made available by the Company and listed below. The Client guarantees the Seller that he/she has the necessary authorisation to use the method of payment chosen by him/her when validating the Order form.
Payment of the price shall be made in full on the date of the Order, using the following methods:
- Bank transfer;
- Bank card (stripe);
- Paypal.
The Company reserves the right to suspend any Order processing and any delivery of Products and/or any provision of the Service in the event of refusal to authorise payment by bank card by officially accredited organisations or in the event of non-payment. In particular, the Company reserves the right to refuse to make a delivery or to honour an Order from a Client who has not paid in full or in part for a previous Order or with whom a payment dispute is in progress.
By providing their bank details when placing an Order, Clients authorise the Company to debit their account for the amount indicated on the Site for the corresponding Good or Service. The Client guarantees that he/she is of legal age and has the necessary authorisations to use the method of payment chosen when validating the Order.
The Company reserves the right to request additional documents from the Client in order to validate the payment, in particular on the basis of information from its Order analysis system. The transmission of these documents is a prerequisite for confirmation of the Order. In order to combat fraud, a visual check of the means of payment may be carried out before the Product or Service is made available. In the event of fraudulent use of their bank card, the Client must immediately inform the Company, without prejudice to the steps to be taken with their bank.
In the event of default or late payment by the Client, whether a consumer or a professional, the interest and penalties provided for by law will apply.
If the Company offers payment in several instalments, this is a payment schedule for a fixed lump sum, and not a subscription or a payment without commitment. The full amount due remains payable, regardless of the number of instalments scheduled. The last instalment is never due more than three months after delivery of the Product or Service, or closure of access to the Service. This payment option does not constitute a credit or microcredit.
In the case of any payment by instalments, the first instalment shall be debited on the date of the Order, with subsequent instalments being debited at the intervals specified in the Order summary (by default, monthly, unless otherwise specified). The Client guarantees that his/her bank details are valid until the last debit. The Company reserves the right to refuse payment in several instalments if the bank card expires before the last instalment or if the secure payment provider objects.
Article 12 – Product availability – Dispatch times – Refunds – Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the Site’s home page, the delivery times for Products will be as indicated below, subject to availability. Shipment times run from the date on which the Order is registered, as indicated in the Order confirmation e-mail.
Estimated delivery times for Products:
- Metropolitan France and Corsica: approximately 5 working days.
- International: between 5 and 10 working days.
At the latest, the Products will be delivered within 30 working days of the conclusion of the contract, as follows: by Colissimo, Mondial Relay or any other similar transport provider.
These times are given for information only and may vary according to logistical conditions or the times imposed by the transport service providers. Once the parcel has been dispatched, the Client acknowledges that the Seller no longer has any control over it, particularly with regard to any delays, losses or damage that may occur. In the event of a problem relating to delivery, the Client must contact the transport service provider concerned directly, while informing the Seller in order to facilitate the follow-up and resolution of the dispute.
In the event of failure to comply with the agreed delivery date or delivery period, the Client must, before terminating the contract, request the Seller to perform within a reasonable additional period.
Should the Client fail to do so by the end of this new period, the Client may freely terminate the contract.
The Client must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be deemed to have been terminated on receipt by the Company of the letter or written document informing it of this termination, unless the Professional has performed in the meantime.
The Client may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the Company is obliged to reimburse the Client for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
Unavailability of a Product
If the Product ordered is unavailable, the Client will be informed as soon as possible and will have the option of cancelling the Order. The Client will then have the option of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the Product.
The Company endeavours to supply the embroidery kits with the materials indicated in the Product description. However, in the event of temporary or permanent unavailability of certain materials, the Company reserves the right to replace them with alternatives of equivalent or higher quality, with characteristics as close as possible to those initially provided.
These substitutions are made with respect for the harmony and quality of the kit, without altering its use or its final appearance. The Customer accepts this principle when placing the Order and may not demand a refund or modification of the kit for this reason.
Article 13 – Terms of delivery of Products and provision of Services
Delivery of Products
Delivery means the transfer to the Client of physical possession or control of the Goods. The Products ordered are delivered in accordance with the terms and conditions and within the period specified above.
The Products are delivered to the address indicated by the Client on the Order form; the Client must ensure that this address is accurate. Any parcel returned to the Seller due to an incorrect or incomplete delivery address will be resent at the Client’s expense. At the Client’s request, an invoice may be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the Order form.
If the Client is absent on the day of delivery, the delivery person will leave a delivery notice in the letterbox, allowing the Client to collect the parcel at the place and time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the Client must check the condition of the items. If they have been damaged, the Client must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The Client must indicate on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any anomaly concerning the delivery (damage, Product missing in relation to the delivery note, damaged parcel, broken Products, etc.).
This verification is considered to have been carried out once the Client, or a person authorised by the Client, has signed the delivery note.
The Client must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the Product(s) and send a copy of this letter by fax or ordinary mail to the Seller at the address indicated in the legal notices on the Site.
Return of Products
If the Products need to be returned to the Seller, a request for their return must be made to the Seller within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for Products in their original condition (packaging, accessories, instructions, etc.).
Provision of Services
The Services offered (tutorials, training or other content) will be made available in accordance with the terms and conditions specified to the Client at the time of the Order. The Company shall not be held liable for any interruption in the provision of the Service due to a communication error or failure on the part of the Client (e.g. incorrect access or identifiers not provided).
Article 14 – Delivery errors
The Client must notify the Seller on the day of delivery or, at the latest, on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the Products in kind or in quality compared to the information given on the Sales Order form. Any claim made after this deadline will be rejected.
Complaints may be made, at the Client’s discretion:
- by telephone on the following number: +33 (0) 7 81 77 88 25;
- by e-mail to the following address: contact@deltavcreations.com.
Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the Company from any liability towards the Client.
Upon receipt of the complaint, the Company will assign an exchange number for the Product(s) concerned and will communicate this number to the Client by e-mail. A Product may only be exchanged once the exchange number has been allocated.
In the event of a delivery or exchange error, any Product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, by registered mail, to the following address: Atelier Delta V Créations – Laura Sofia Urbina, 5 Amelia Earhart C1-307, 31400 Toulouse.
The cost of returning the goods shall be borne by the Seller.
Article 15 – Guarantee
Legal guarantee of compliance
The Company guarantees that the Goods sold conform to the contract, in accordance with the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code.
In the context of this legal guarantee of conformity, it is specified that:
- The Client has a period of two (2) years from the date of delivery of the Goods in which to bring an action;
- The Client may request the repair or replacement of the Good, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code;
- The Client does not have to prove the non-conformity of the Good during the twenty-four (24) months following its delivery for new goods, or during the six (6) months for second-hand goods.
Warranty exclusions
It is however specified that this legal guarantee of conformity:
- Does not apply to Professional Clients;
- Does not cover Services other than digital Services, even if the latter are created, supplied or transmitted using digital formats or means.
- Does not cover defects resulting from abnormal or negligent use or use contrary to the instructions provided by the Company;
- Does not cover damage caused by modification or repair carried out by the Client or an unauthorised third party;
- Does not cover normal wear and tear of the Products, consumables or perishable accessories (e.g. embroidery threads, needles, etc.);
- Does not cover any damage resulting from improper storage or handling by the Client.
Legal guarantee against hidden defects
In accordance with articles 1641 et seq. of the French Civil Code, the Company is liable for any hidden defects that may affect the Goods sold. It shall be up to the Client to prove that the defects existed at the time of sale of the Goods and are such as to render the Goods unfit for the use for which they were intended. This guarantee must be invoked within two years of discovery of the defect.
The Client may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
Article 16 – Right of withdrawal
Deadline
For Products:
In accordance with the provisions of the French Consumer Code, Clients have a period of fourteen (14) days from the delivery of their Order to return any standard Product (excluding digital content and personalised kits) that does not suit them. They may request an exchange or a refund without penalty, with the exception of the return costs, which remain at their expense.
However, in application of article L. 121-21-8 of the French Consumer Code, as some of the Products sold on the Site are digital content provided on intangible media, the Client expressly acknowledges that he/she waives his/her right of withdrawal as soon as his/her Order is downloaded for the first time.
For Services:
In principle, the Client may withdraw from the contract within fourteen (14) days of its conclusion (the date on which the Order is placed), without having to give any reason.
However, certain exceptions apply.
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised for:
- The supply of digital content not supplied on a tangible medium, the performance of which has begun after the Client’s express prior agreement and express waiver of his/her right of withdrawal. This applies in particular to online courses, video tutorials and embroidery patterns that can be downloaded or streamed.
- Services that are fully executed before the end of the withdrawal period, where the Client has requested immediate execution and has expressly waived his/her right of withdrawal.
By validating the Order, the Client acknowledges and accepts that access to the digital content and performance of the Services ordered may begin immediately after the purchase, and that he/she thereby waives his/her right of withdrawal.
Application of the right of withdrawal
In order to exercise their right of withdrawal, the Client must notify the Company of their decision to withdraw from the contract in a clear and unambiguous statement (for example, by letter sent by post, by fax or by e-mail). The Client may, if they wish, use the model withdrawal form available at the bottom of the page, but this is not obligatory.
It should be noted that this right is a consumer right and not a commercial guarantee.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the Site. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the Client. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the delivery costs will be reimbursed.
The cost of returning the Products shall be borne by the Client.
The Products will be exchanged (subject to availability) or reimbursed within 48 hours of receipt of the Product and, at the latest, within 14 days of receipt by the Company of the Products returned by the Client under the conditions set out above.
In the event of withdrawal for one or more Services, the Company will reimburse the price paid no later than 14 days from the day after receipt of the decision to withdraw, by the same means of payment as that used for the initial transaction.
Exceptions
According to Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised under certain conditions for contracts:
- the supply of Goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
- the supply of Goods made to the Buyer’s specifications or clearly personalised;
- the supply of Goods that are likely to deteriorate or expire rapidly;
- the supply of Goods which have been unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of Goods which, after delivery and by their nature, are indissociably mixed with other items;
- the supply of audio or video recordings or computer software where these have been unsealed by the Client after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not supplied on a tangible medium, the performance of which has begun after the Client’s express prior agreement and express waiver of his right of withdrawal;
- for the supply of Services which are fully performed before the end of the withdrawal period and where performance has begun after the Buyer has given his express prior consent and expressly waived his right of withdrawal;
- the supply of digital content not provided on a tangible medium, performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
- when the Client is a professional;
- when the contract has been concluded for current or future professional purposes.
If the Client chooses to benefit from the provision of a Service immediately after placing the Order, without waiting for the end of the withdrawal period, while not waiving this right in the cases set out above, he undertakes to pay the Company an amount corresponding to the part of the Service already provided up until notification of his decision to withdraw. This amount will be proportional to the total price of the service agreed at the time of the Order. If the total price is deemed excessive, the amount due will be calculated on the basis of the market value of what has been provided.
The Client undertakes to pay the full amount for the embroidery kit sent or to return it to the Company at its own expense. The returned kit must be in its original condition, complete and undamaged.
Exercising the right of withdrawal terminates the obligations of the parties either to perform the contract or to conclude it where the Buyer has made an offer. If the right to withdraw from a main contract is exercised, any accessory contract is also automatically terminated, at no additional cost to the Buyer, with the exception of those provided for by law. The Client is informed that the Company will immediately cease to provide the Service in the event of the right of withdrawal being exercised.
Article 17 – Access conditions
Site access
The Site is freely accessible to anyone with an Internet connection. The costs associated with this access (computer equipment, software, Internet connection) remain entirely at the User’s expense. The Company may not be held liable for any material damage that may result from use of the Site.
The User must ensure that he/she uses suitable, virus-free equipment and a recent and regularly updated browser in order to access the Site in good conditions. Users are solely responsible for ensuring that their computer equipment and Internet connection are working properly in order to browse the Site and use the associated Services.
Access to the Personal Space
The Identifiers required to access the Personal Space will be provided by the Company. A valid e-mail address is essential to guarantee transmission of these Identifiers.
In the event of non-receipt or loss of the Identifiers, the Customer must contact the Company to request a reset, which will be carried out within 48 hours.
Service access
The Identifiers required to access the Service will be provided by the Company within a maximum of 24 hours following confirmation of the Order, subject to approval of payment by the Client’s bank. A valid e-mail address is essential to guarantee transmission of these Identifiers.
The terms and conditions of access to the Service may be modified in accordance with the provisions relating to the right of withdrawal, as set out in the GTCS and the regulations in force.
In the event of non-receipt or loss of the Identifiers, the Client must contact the Company to request a reset, which will be carried out within 48 hours. Once the Identifiers have been transmitted or reset, the Company may not be held liable for any temporary unavailability of the Service attributable to this delay.
To benefit from the Services, the Client must have an active user account on the Site, requiring Identifiers (user name and password) to access his/her Personal Space.
Identifiers: Use and Confidentiality
The Identifiers transmitted by the Company are strictly personal and confidential and may not be transferred to third parties. The Client undertakes to use the Services exclusively for personal purposes and shall refrain from reselling, sharing or renting them, in whole or in part. This prohibition includes in particular the Content and Products delivered as part of the Order. The Client shall be liable for any improper, fraudulent or unauthorised use of the Identifiers and must inform the Company as soon as possible in the event of loss or theft.
In the event of non-compliance with the conditions of access, the Company reserves the right to suspend or block access to the Service without prior notice or compensation.
Limitation of Access Rights
By default, each subscription entitles the Client to individual access to the Service, valid for a single person, regardless of the number of establishments or employees attached to the Client. If more than one person is to have access to the Services, the Client must take out separate subscriptions for each of them, unless otherwise stipulated in the contract.
Maintenance outage
The Company reserves the right to temporarily suspend or limit access to the Site and the Services, in particular for maintenance operations or updates. These interruptions may occur without prior notice and shall not entitle the Client to any compensation.
Limits of liability
The Company makes every effort to ensure reliable and continuous access to the Site and the Services, but it has no obligation of result in this respect. It may not be held liable for interruptions due to technical malfunctions (servers, network, etc.) or to events beyond its control.
The Company may not be held liable for any direct or indirect damage, loss or expense resulting from the use of the Site, or from the impossibility of using it, or from malfunctioning, interruption due to maintenance or any other cause, or from the use of the Internet network, such as loss of data, intrusion, virus, break in service or other involuntary problems. Furthermore, the Company may not be held liable, to the extent permitted by law, for any direct damage, in particular immaterial damage, or indirect damage that may result from access to the Site or inappropriate use of the Site or the content of the Training Courses by the Client or the Beneficiary.
The Company endeavours to guarantee the accuracy of the information accessible via its Site. However, it cannot guarantee that it is accurate, complete or up-to-date. The Company declines all responsibility for the content of third-party websites to which the Site may refer via links. Access to these external sites is the sole responsibility of the Client and the Beneficiary.
The Company may not be held liable for the non-performance or improper performance of any of its obligations in respect of the provision of a Service or Training if this is the result of a case of force majeure or the act or omission of the Client or the Beneficiary, the unforeseeable and insurmountable act of a third party, or an obstacle beyond the Company’s control, which the Company could not reasonably foresee at the time of confirmation of the Client’s Order, and the consequences of which cannot reasonably be avoided or overcome by the Company.
Responsible use and relations with third-party platforms
The Client is also required to comply with the terms of use of third-party platforms accessible as part of the Services, for example, and without this list being exhaustive: Vimeo. The Company declines all liability in the event of any dispute or banning of the Client by these third parties.
Article 18 – Force majeure and Suspension of Obligations
Definition and Effects
Any event beyond the reasonable control of the parties, making the performance of their contractual obligations impossible or abnormal, is considered to be force majeure or a fortuitous event. Such events shall result in the immediate suspension of the obligations of the parties concerned. The Company will inform the Client as soon as possible of the occurrence of this event and its estimated duration.
Obligations affected by force majeure may be partially or totally suspended. In the event of a confirmed definitive impediment, a total or partial refund may be granted, in proportion to the services not performed.
The following are considered to be cases of force majeure, without this list being exhaustive:
- Natural disasters: earthquakes, floods, storms, fires, lightning;
- Epidemics or pandemics;
- Strikes and industrial disputes inside or outside the Company;
- Blockage of means of transport or supply;
- Interruption or malfunction of telecommunications or energy networks;
- Acts of war, terrorism or any other circumstance beyond the reasonable control of the parties.
The facts and circumstances considered as force majeure also include those recognised by the jurisprudence of the competent courts.
Notification and consultation
The party invoking force majeure must notify the other party as soon as the event occurs, specifying its impact on the performance of the contractual obligations. The parties will meet to assess the consequences of the event and determine, if possible, the conditions under which the contract may be continued.
If the event persists for more than three months, either party may terminate the contract ipso jure, without compensation, by sending written notice to the other party.
Incapacity for work
In the event of the inability to work of one or more of the people responsible for carrying out the Service (illness, accident, family leave, etc.), the Company may temporarily suspend the service or replace the people concerned. This suspension will not give rise to any compensation for the Client.
The Company undertakes to inform the Client within a reasonable time of the situation and, as far as possible, of its foreseeable duration. Only a definitive impediment may give rise to a refund proportional to the services not carried out.
Limits of Liability in the Event of Force Majeure
The Company cannot be held responsible for any malfunctions caused by external events, in particular:
- Technical failures of the Internet network, telecommunications or software solutions;
- Temporary unavailability of the Site or Service resulting from technical hazards inherent in the Internet or mobile network.
The Client acknowledges that he/she has been informed of the risks and hazards associated with the use of the Internet and communication networks. Consequently, the Client waives the right to hold the Company liable for any unavailability, slowdowns or interruptions due to these causes, unless the Company is demonstrably negligent.
Payments in the event of Force Majeure
Clients expressly accept that the occurrence of a case of force majeure may not be invoked to postpone or refuse payment due for a Service already provided or in the process of being provided. Similarly, force majeure may not be used to justify a refusal to deliver a validated Order.
Article 19 – Intellectual property rights
Ownership of Rights
The Company remains the sole owner of all intellectual property rights relating to the Site, the Products and the Services. All content, creations and elements distributed as part of the Services or available on the Site are protected by French laws and international conventions in force in terms of intellectual property.
These intellectual property rights include, but are not limited to, the following:
- Artistic creations, works, accessories, jewellery, embroidery models and digital embroidery patterns;
- Texts, images, illustrations, videos, graphics, logos, icons, sounds and software;
- Educational tools and materials transmitted as part of the Services, such as documents, tutorials and training;
- The brands, logos, designs, models, advertising materials, products, representation of their products, patents, business secrets, know-how, etc. and more generally all the intellectual property rights relating to their creations and distinctive signs.
All these elements are the exclusive property of Delta V Créations – Laura Sofía Urbina EI, creator and manager of the brand.
Any reproduction, representation, modification, distribution or use, in whole or in part, in any form whatsoever, without the prior written authorisation of the owner, is strictly prohibited and may result in legal action.
Any unauthorised use of these signs may give rise to legal proceedings and the termination of rights of access to the Service, without prejudice to any damages that may be claimed.
Prohibitions and Restrictions of Use
Access to the Site or the Services does not confer any intellectual property rights on Users and/or Clients. Any reproduction, representation, modification, distribution or use, even partial, of these elements, by any process or medium whatsoever, is prohibited without the prior written authorisation of the Company.
The Client and the Beneficiary are formally prohibited from using the Protected Elements in any country, for any reason whatsoever (including as a commercial reference) and in any manner whatsoever, without the prior written authorisation of the Company.
No right or title to the Protected Items made available to the Client and/or the Beneficiary or to which the latter may have access during the Services and/or Training (including, but not limited to, samples, paper documents such as drawings, embroidery kits, study pieces, course presentations, technical memos and any other educational support or content) is transferred to the Client and/or the Beneficiary by virtue of these GTCS.
The Client and the Beneficiary are only authorised to use the Protected Items for strictly personal purposes and in the context of participation in the Training Courses, to the exclusion of any professional or commercial use.
The Client and the Beneficiary are formally prohibited from using the Company’s embroidery kit models for commercial purposes, in particular for demonstrations, publications or any other medium (website, social networks, etc.), without the Company’s prior written authorisation.
Unauthorised use may result in:
- Immediate and unannounced interruption of access to the Service concerned;
- Legal proceedings, in particular for counterfeiting.
Terms of Use of Content and Services
In return for payment for the Services, the Client is granted a strictly personal, non-transferable and non-exclusive right to use the Content and methods transmitted. This right is limited to the duration of the Service subscribed to and solely within the scope of the use defined at the time of the Order.
In this respect, the Client undertakes:
- Not to share, transfer or exploit the content of the Service on behalf of others (employees, third parties, relatives, etc.);
- Not to transmit or divulge the contents of the Service, or their login details, in any form whatsoever.
The Client will be held responsible for any unauthorised use of the Content or the Identifiers, and guarantees compliance with these obligations by his employees or associates who may access the Services.
Violation of rights
In the event of infringement of the Company’s intellectual property rights, the Company reserves the right to immediately terminate the Client’s access to the Service concerned, without prior notice or compensation, and to take any legal action necessary to protect its rights.
In the event of infringement of the Company’s rights, the Company may claim damages covering all losses suffered, particularly in the event of unauthorised commercial use.
Article 20 – Referential Client Use
Referred Clients
The Company may seek the consent of Clients in order to name them as beneficiaries of the Services. With their explicit consent, the Company may:
- Mention their name and their opinion of the Goods and Services;
- Describe in an objective manner the nature of the Goods or Services provided.
This information may be used in the Company’s internal or external communications (advertising, promotional documents, commercial proposals, website, etc.), or to meet legal, regulatory or accounting obligations.
Article 21 – Use of testimonies and contributions
Rights of Use of Client Contributions
When a Client sends written material, videos, photographs or any other content to the Company to describe their experience or share an opinion, they grant the Company the following rights:
- Use of the content for promotional or commercial purposes, in particular as a reference;
- Adaptation, reproduction and distribution of the content on all media (website, social networks, promotional documents, etc.).
The content concerned, including screenshots of publications on social networks, may be used without the Client being entitled to claim any remuneration. The exploitation rights are granted for the lifetime of the Client plus 70 years, and cover worldwide use.
The Company also reserves the right to request specific authorisations for any unforeseen or one-off use of Client contributions.
Article 22 – Information Technology and Civil Liberties, Data Protection
The personal data supplied by the Client is required to process the Order and to issue invoices.
It may be communicated to the Seller’s partners responsible for the execution, processing, management and payment of Orders.
The processing of information communicated via the Site has been declared to the CNIL.
Clients have a permanent right of access, modification, rectification and opposition with regard to information concerning them. This right may be exercised under the terms and conditions defined on the Site.
For further information on the protection of personal data, please refer to the Site’s Privacy Policy, which can be accessed from the ‘Privacy Policy’ section.
Article 23 – Partial non-validation
If one or more of the stipulations of these GCTS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 24 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GTCS shall not be interpreted for the future as a waiver of the obligation in question.
Article 25 – Title
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 26 – Language of the Contract
These GTCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Translations are provided for information purposes only to facilitate understanding by non-French-speaking Clients, but do not constitute a contractual document.
Article 27 – Mediation and dispute resolution
The Client may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Article 28 – Applicable law
The GTCS and all purchase and sale transactions referred to therein are governed by French law. The competent court is the court of law.
This applies to both substantive and formal rules. In the event of a dispute or claim, the Client shall first contact the Seller to obtain an amicable solution.
Article 29 – Protection of personal data
The Company respects the privacy of its Users and Clients. It undertakes to ensure that the collection and automated processing of their data – for the purposes of managing contracts and Orders, providing and improving the Site, Products and Services, commercial prospecting and handling disputes – complies with the General Data Protection Regulation (RGPD) and the French Data Protection Act (loi Informatique et Libertés) in its latest version.
For further information on the protection of personal data, please refer to the Site’s Charter on the protection of personal data, which can be accessed from the ‘’Privacy Policy‘’ section.
For further information on cookies, please refer to the Site’s Cookie Charter, which can be accessed under the ‘Cookies’ heading.
Appendix – Withdrawal form
Withdrawal form (to be completed by the Buyer and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days following the date on which the service contract was concluded)
Withdrawal form
For the attention of:
Delta V Créations
(Laura Sofía Urbina EI)
Located at: 5 Amelia Earhart C1-307 , 31400 Toulouse
Telephone number: +33 (0) 7 81 77 88 25
Email address: contact@deltavcreations.com
I hereby notify you of my withdrawal from the contract relating to ……………………… , ordered on: ……
First name and surname of Buyer:
Buyer’s address: ……
Buyer’s signature
Appendix – French Consumer Code
Article D. 211-3 : ‘Consumers have a period of two years from the date of supply of the digital content or service in which to enforce the legal guarantee of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
–
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in return for giving up the digital content or the digital service, if:
1° The professional refuses to bring the digital content or the digital service into conformity ;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity at no cost to the consumer;
4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract.
In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that was still running until the digital content or digital service was supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
–
Consumers are entitled to invoke the legal guarantee of conformity in the event of a lack of conformity during the entire period of their subscription from the time the digital content or service is provided. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity implies an obligation to provide all updates necessary to maintain the conformity of the digital content or service throughout the subscription period.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.
The consumer may obtain a price reduction by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or digital service into compliance ;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity without incurring costs for the consumer;
4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract.
In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that remained until the digital content or digital service was supplied in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service. ’
Article L. 217-4: ‘The Company delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was its responsibility under the contract or was carried out under its responsibility’.
Article L. 217-5: ‘The goods conform to the contract:
1° If it is fit for the use normally expected of similar goods and, where applicable:
– if it corresponds to the description given by the Company and has the qualities that the Company presented to the Client in the form of a sample or model;
– if it has the qualities that a Buyer may legitimately expect having regard to the public statements made by the Company, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Client, brought to the attention of the Seller and accepted by the latter.’
Article L. 217-6: ‘The Company is not bound by the public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them’.
Article L. 217-7: ‘Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The Company may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.’
Article L. 217-8: ‘The Client is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies if the defect is due to materials supplied by the Client.’
Article L. 217-9: ‘In the event of a lack of conformity, the Client chooses between repair and replacement of the good. However, the Company may not proceed according to the Client’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the Client.’
Article L. 217-10: ‘If repair and replacement of the goods are impossible, the Client may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to the Client: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within a period of one month following the Client’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the Client, given the nature of the goods and the intended use. However, the sale may not be rescinded if the lack of conformity is minor.
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 shall be at no cost to the Client. These same provisions do not preclude the award of damages.
Article L. 217-12: ‘Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.’
Article L. 217-13: ‘the provisions of this section do not deprive the Client of the right to bring an action arising from redhibitory defects as set out in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law.’
Article L. 217-14: ‘The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Article L. 217-15: ‘A commercial guarantee is any contractual commitment by a trader to a consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods.
The commercial guarantee is the subject of a written contract, a copy of which is given to the Client.
The contract specifies the content of the guarantee, the terms and conditions of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it states clearly and precisely that, independently of the commercial guarantee, the Company remains bound by the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The Client is entitled to take advantage of this.
Article L. 217-16: ‘When the Client asks the Seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the date of the Client’s request for service or from the date on which the item in question is made available for repair, if the item is made available after the request for service.
Article L. 221-28: ‘The right of withdrawal may not be exercised for contracts:
1° for the supply of services fully performed before the end of the withdrawal period and, if the contract requires the consumer to pay, where performance has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader ;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° The supply of goods made to the consumer’s specifications or clearly personalised;
4° The supply of goods that are likely to deteriorate or expire rapidly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are indissociably mixed with other items;
7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period;
13° The supply of digital content without a physical medium where performance has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where:
a) he has given his prior express consent for performance of the contract to begin before the end of the withdrawal period; and
b) he has acknowledged that he will lose his right of withdrawal; and
c) The trader has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of article L. 221-13. ’
Appendix – French Civil Code
Article 1641: ‘The Company is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the Client would not have purchased them, or would only have paid a lower price for them, if he had been aware of them.
Article 1648: ‘An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the Company can be relieved of the apparent defects or lack of conformity’.