Legal notices and right to cancel
These general conditions of sale govern the sale of products presented on the www.diveavenue.com site by the company AT CONCEPT SAS, hereinafter called DIVEAVENUE.
1. IDENTIFICATION OF THE VENDOR
Company name and legal form: AT CONCEPT SAS
Postal address of the head office : 2997 ROUTE DE MONTELEGER - 26760 MONTELEGER, FRANCE
RCS number and city: 825 015 597 Romans
Intracommunity VAT number : FR41 825 015 597
Phone number : +33 09 70 79 90 70
Email address : info@diveavenue.com
Management : A. TULASNE
Director of the publication : A. TULASNE
Share capital: 3.000 €.
Pursuant to Article 14, paragraph 1 of the European Regulation No. 524/2013 of 21 May 2013 on RELC, the European Commission provides consumers with an online platform for dispute resolution available at this address: http://ec.europa.eu/consumers/odr/
Host : OVH 2 rue Kellermann - 59100 Roubaix - France
2. APPLICABLE LAW
Orders are subject to French law. The contractual information is presented in the French language and the products offered for sale comply with French regulations. If necessary, it is up to the foreign customer to check with the local authorities the possibilities of use of the product he/she plans to order; the responsibility of DIVEAVENUE cannot be engaged in case of non-compliance with the regulations of a foreign country where the product is delivered.
In case of dispute, the French courts have sole jurisdiction.
3. Product Description
The characteristics of the products offered for sale are presented in their product sheet.All texts and images presented on the DIVEAVENUE website are reserved for the whole world, under the copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.
4. VALIDITY OF SALES OFFERS
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Products are offered for sale while supplies last. In the event of order of a product become unavailable, the customer will be informed of this unavailability as soon as possible.
DIVEAVENUE can be brought to replace an unavailable article by another of similar characteristic and identical or higher quality at the same price.
5. PRODUCT PRICES
The "Our products" section of our site indicates the prices in euros excluding taxes, excluding shipping costs. The amount of the VAT and the carriage costs appear on the screen at the end of the selection of the various products by the customer.
The company DIVEAVENUE reserves the right to modify its prices constantly but the ordered products are invoiced at the price in force at the time of the recording of the order.
6. ORDERS
6.1 Creating a user account
In order to place an order online, the Customer must first create a user account or log in if he/she already has a user account.
He/she can access the various services offered on the site by indicating his/her login and password, which he/she can change at any time by accessing the "My Account" section.
In case of loss or unauthorized use of his user account, his login and password, the Customer must immediately notify DIVEAVENUE.
The Customer undertakes not to disclose his login and password and he is solely responsible for their use.
Any attempt to substitute another customer's password or login is strictly prohibited and may be subject to criminal sanctions.
6.2 Deactivation of your account
DIVEAVENUE reserves the right to deactivate by right, without notice or compensation, the user account of its customers in case of:
- Non-respect of the present GCS;
- Non-payment of amounts due;
- Delivery of false information when creating the account.
6.3 Process of acceptance of the order
To be accepted, the order of the Customer will have to carry all useful indications for its treatment.
The customer validates his order when he clicks on the button "VALIDATE ORDER" at the bottom of the page "Validation of order"; he then accepts the process of order and the present conditions of sale.
The company DIVEAVENUE confirms the order by electronic mail; this information includes in particular all the elements of the order.
7. DELIVERY
Available products will be delivered by carrier upon receipt of your payment*, within an average of 48 / 72 h in Metropolitan France (for any order placed before 10am (business day)).
*Delays after payment
- By card or PayPal, the fastest
- By bank transfer: delays of 48 h to 72 h depending on your banking institution.
- By administrative mandate: upon receipt of the purchase order on the letterhead of the public body stamped and signed
- By check with a delay of cashing in advance which can reach 10 days.
When receiving the goods, you must:
- Check your order in the presence of the driver
- Make your reservations on the carrier's slip ( missing or condition of packages...)
In case of dispute:
- Add by registered mail to the carrier in AR (within three days after delivery), your letter of complaint.
Delivery times are given as an indication only and depend on the schedule of our carriers.
Postage is offered for delivery only in metropolitan France for a value of products over 79€TTC. The means of transport proposed for this service is Colissimo by La Poste. Any other means of transport requested by the customer can not be the subject of free shipping and will necessarily be charged.
8. After-Sales Service
For any information, question or claim, the customer can contact from Monday to Friday from 9 am to 12 pm and 2 pm to 7 pm to the Customer Relations Department of the company DIVEAVENUE at 07 61 22 92 58.
9. TRANSPORT
A flat fee for processing costs will be charged for metropolitan France, as well as for all other destinations worldwide.
We use standard carriers such as Colissimo or specific carriers on request.
10. RETURN AND RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
Exercise of the right of withdrawal:
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or email) by post to the address DIVEAVENUE AT CONCEPT SAS - 2997 route de Montéléger 2676 MONTELEGER. by telephone at +33 07 61 22 92 58 or by Email at info@diveavenue.com
You can use the model of retraction form but it is not obligatory.
Cancellation form
(Please complete and return this form only if you wish to withdraw from the contract)
- To the attention of DIVEAVENUE AT CONCEPT SAS - 2997 route de Montéléger 2676 MONTELEGER
- I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of the services (*) below - Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification of this form on paper)
- Date
(*) Delete as appropriate.
In order for the withdrawal period to be respected, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
You must bear the direct costs of returning the goods.
Consequences of the right of withdrawal
You will have to send back or return the good, to DIVEAVENUE AT CONCEPT SAS - 2997 route de Montéléger 2676 MONTELEGER FRANCE, without excessive delay and, in any case, at the latest fourteen days after you will have communicated us your decision of retraction of the present contract.
Only products returned complete, in perfect condition and in their original packaging will be accepted. Otherwise, the exchange will be considered as non-conforming and cannot be exchanged.
This period shall be deemed to have been observed if you return the goods before the expiry of the fourteen-day period.
In the event of your withdrawal from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this Agreement.
We will make the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
We may defer the refund until we have received the goods or you have provided proof of shipment of the goods, whichever comes first.
You are only liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
Exception to the right of withdrawal The exercise of the right of withdrawal is excluded for the following contracts: - contracts for the supply of goods made to the consumer's specifications or clearly personalized; - contracts for the supply of goods likely to deteriorate or expire rapidly; - contracts for 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; - contracts for the supply of goods which, after delivery, and due to their nature, are indissociably mixed with other items;
11. WARRANTIES FOR EQUIPMENT
The warranty period for the equipment is limited to 12 months from the date of delivery, except in special cases specified on the invoice. The warranty is excluded if the operating defect:
- comes from normal wear and tear of the good or negligence or lack of maintenance by the buyer,
- comes from abnormal use of the equipment,
- results from an intervention on the good performed by a person not approved by our company,
- the installation of our equipment by a person not approved by our company,
- is related to a case of force majeure or various incidents that may occur due to, in particular, piping, voltage variations, poor adjustment, poor handling.
In any case, the transportations for warranty is at customer charge.
12. DATA CONFIDENTIALITY
The nominative data provided by the customer are not disseminated to third parties; they are, unless expressly opposed by the customer, integrated into the customer file of the company DIVEAVENUE.
In accordance with the law 78-17 of January 6, 1978, the customer has at any time a right of access and rectification. To exercise this right, simply contact the Customer Relations Department of the company.
13. PAYMENT
Payment is made in euros.
14. MEANS OF PAYMENT
The user has the choice to pay for his purchases:
- online at the time of order by credit card (blue card, visa, mastercard).
As such, the website uses a secure module of TLS protocol of encryption of exchanged data, a 3D Secure device of the bank LA BANQUE POSTALE, ATOS solution. - Transfer or administrative mandate from French administrations accompanied by the order form for any customer who does not have an account opened in our books.
The order form appears on the customer's screen when he has confirmed his order. It is enough for him to print it and to join it to its purchase order with the heading of the public organization stamped and signed in the event of payment by administrative mandate, then to dispatch the whole with the following address:
DIVEAVENUE (AT CONCEPT)
2997 ROUTE DE MONTELEGER
26760 MONTELEGER
The customer has a period of eight days to mail the money order or proceed with the transfer. If the payment is not received within this period, the order will be automatically cancelled.
15. DEFAULT OF PAYMENT
DIVEAVENUE reserves the right to refuse to make a delivery or to honor an order from a customer with whom a payment dispute is being administered.
16. RESERVATION OF TITLE CLAUSE
The products remain the property of DIVEAVENUE until full payment of the amount of the order.
This retention of title does not prevent the risks of loss or deterioration of the goods from being borne by the customer as soon as they are sent.
The products therefore travel at the risk of the customer who may, in the event of damage, make any claims to the carrier under the legal and regulatory conditions in force.
17. PENALTIES FOR DELAY
In the case of a sale to a professional, late payment penalties will be due on the day following the settlement date shown on the invoice. The rate of such penalties shall be three times the legal interest rate.
18. MEDIATION
We are in the process of setting up a company to allow mediation. This service will be updated shortly.
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the customer has the right to use the mediation service offered by www.diveavenue.com free of charge. The mediator consumer law so proposed is #####.
This mediation facility can be reached by:
- electronic way: ##### ;
- or by phone: #####
In accordance with Article L 612-2 of the Consumer Code, one of the prerequisites for the examination of the dispute by ##### is the following: the consumer must justify having previously attempted to resolve his or her dispute directly with www.diveavenue.com, by a complaint made by mail or e-mail in accordance with the procedures defined in 7.1.