Last update: 10/25/2021. Access the previous GTC here.
These general terms and conditions of sale (hereinafter, the "GTC") apply to Orders placed through the online merchandising products sales service offered by the Company through e-shops created by artists in particular and which can be consulted from their personal pages and/or dedicated websites (hereinafter, the "Service").
1 - DEFINITIONS
"Customer": a physical person, registered on the Service and purchasing Product(s) online, who is at least 18 (eighteen) years old or who undertakes, failing that, to obtain the authorisation of his/her parents or guardian exercising parental authority prior to registering for the Service.
"Order": any purchase of Product(s) made from the Service by a Customer. The Order is deemed to have been placed once the Customer has made payment.
"Client Account": an account created by a Client using the Service and allowing the Client to access his/her identification data, track his/her Orders and consult his/her payment history.
"Company": DIFY GROUP SAS, Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, FRANCE with a capital of Euros 341,342.60, registered in the Rennes Trade and Companies Register under the number 492 539 523, intra-community VAT number: FR24492539523, represented by its Chairman, Mr Emmanuel LEBARBIER. The Company can be contacted by post at the above address or by email at the following address: email@example.com.
"Products": physical merchandising products (such as clothing, books, stationery products, goodies, etc.) reproducing personalized content related to the works of art exhibited by the Musée du Louvre and/or any other type of product that the Company may market on the Service.
"Customer Service" or "Service": service made available to the Client by the Company from Monday to Friday from 9am to 7pm, allowing the creation of a Client Account as well as the processing, via the "Order Details" section of their Client Account, or by post to the following address Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, FRANCE, of any possible complaints from Clients
2 - PURPOSE OF THE GTC
These GTC determine the rights and obligations of the Company and the Client in the context of the online sale of Products offered by the Company.
3 - APPLICATION OF THE GTC
These GTC shall come into force as soon as the Customer places an Order in accordance with article 5 below. The Client therefore undertakes to consult these GTC and to validate them before each Order by ticking the box provided for this purpose, in accordance with article 5.2.
These GTC govern the sale of Products through the Company's website and are an integral part of the contract between the Company and the Client. They are fully enforceable against the Client who has accepted them before placing an Order.
These GTC, which the Company reserves the right to modify at any time by publishing a new version on its website, shall prevail, except in the case of special conditions issued by the Company, over all other documents or conditions, which the Client expressly declares that he/she is aware of and accepts, without restriction or reservation. Only the version of the GTC that is online at the time the Client places the Order, in accordance with Article 5.2, shall apply between the Company and the Client.
The Client acknowledges that it has received the necessary advice and information to ensure that the offer is suitable for its needs.
The Client declares that he/she is legally capable of entering into a contract under French law or that he/she is validly representing the natural or legal person for whom he/she is entering into a contract.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
4 - CREATING A CUSTOMER ACCOUNT
4.1 Access to the Service requires the Client's prior registration using the form made available to them when they first connect to the Service to place an Order, or the prior creation of a Client Account.
As part of the registration process, the Client shall provide the Company with the following identification details:
Last name / First name
Company name of the company to which they belong (if applicable)
Delivery address / Billing address
4.2 All duly completed registration applications are sent to the Company, which acknowledges receipt by e-mail and enables the activation of a Client Account.
4.3 The Client is solely responsible for the confidentiality of his/her password and identifier as well as any Order placed through his/her Client Account. The Customer also undertakes to ensure that the information provided during registration is accurate, complete and regularly updated in the Customer Account.
5 - ORDERS
5.1 Orders may be placed anywhere in the world. Any Order placed by a Customer residing outside French territory shall be processed in accordance with these GTC, subject to the legal provisions otherwise applicable in the country where the Customer placing the Order is domiciled.
5.2 In accordance with the provisions of article 1127-1 of the French Civil Code, in order to place an Order, the Customer undertakes to comply with the following procedure:
selecting the Products (by entering the desired size and quantities) ;
identify themselves on the Service by logging into their Customer Account (by providing their identification details) or by filling in the fields in the "Contact Details" form;
view their Order summary (displaying the detailed prices of each Product as well as the total price of their Order);
select their delivery method;
validate their details and their Order by clicking on the "Continue to payment" link; and
proceed to payment by clicking on the "Confirm payment" link or any other link indicating that placing an order requires payment.
Provided they have not yet confirmed their payment, Customers may go back to their choice of Products at any time, rectify any errors made when entering their Order and/or modify all or part of their identification data (including the billing and/or delivery address).
Any confirmation of payment requires the acceptance of these GTC, which the Customer undertakes to validate, after having read them in full, by ticking the box provided for this purpose.
The confirmation of the Order shall constitute the formation of the contract.
The language proposed for the conclusion of the contract shall be French for Clients using the French language navigation or English for Clients using the English language navigation. The choice of the French language for browsing is initially made by default, provided that the language of the Customer's browser is not a language other than French. The Customer may also voluntarily choose his or her navigation language using the Language menu displayed on all pages of the https://boutique.louvre.fr/ website.
The parties agree that the illustrations or photos of the Products offered for sale have no contractual value.
5.3 Payment for the Order shall be made by credit card (Visa, American Express, Master Card, other credit cards) or by any other secure online payment method indicated to the Customer.
By providing his/her bank details at the time of sale, the Client authorises the Company to debit his/her card for the amount of the price indicated. The Client confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately cancelled by operation of law and the order cancelled.
All Orders placed by the Customer shall be debited before shipment.
5.4 A confirmation e-mail is sent to the Client as soon as payment has been received and after the Company has checked that the Products are available in stock.
The sending by the Company of a confirmation e-mail definitively validates the Client's Order. However, if for any reason whatsoever the Company is unable to process an Order, it shall inform the Client by e-mail as soon as possible and proceed to reimburse the Client, provided that it has already collected the amount.
5.5 The Order confirmation e-mail that the Company sends to the Client in accordance with article 5.4 shall contain a link to log in to the Client's account in order to download, in pdf format, the version of the GTCs that are in force on the date of validation of the Client's Order in accordance with article 5.2. This e-mail shall also indicate an estimated delivery date.
Communications, Orders, Order details and invoices shall be archived on a reliable and durable medium so as to constitute, in the Customer's interest, a true and durable copy.
6 - PRICE
The price of the Products is indicated in euros, all taxes included (including processing fees). This price does not include the delivery costs which are invoiced in addition.
In all cases, the total amount due by the Customer including shipping costs is indicated on the Order confirmation page.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company shall not be liable for these duties and taxes. They shall be borne by the purchaser and are the sole responsibility of the purchaser (declarations, payment to the competent authorities, etc.). The Company invites the Client to enquire about these aspects with the relevant local authorities.
All orders shall be invoiced on the basis of the rates in force at the time of validation of the Client's Order in accordance with Article 5.2.
The Company reserves the right to modify its prices at any time in the future, while guaranteeing the application of the price indicated at the time of the Order.
The Products remain the property of the Company until full payment of the price. Full payment of the price shall transfer the ownership of the Products to the Client.
7 - DELIVERY
7.1 The Products shall be delivered to the address provided by the Client and within the delivery period indicated in the confirmation e-mail sent by the Company, in accordance with article 5.4, upon receipt of the Client's payment. This delivery time does not take into account the time required to prepare the Order.
For Products indicated as "pre-ordered", the delivery time does not take into account the time required to send the Products to the Company.
The Company reminds the Client that when the Client takes physical possession of the Products, the risks of loss or damage to the Products are transferred to the Client. It is therefore the Client's responsibility to notify the carrier of any reservations about the delivered Product.
7.2 The following delivery methods are available to the Customer:
Delivery to a relay point:
Delivery to a drop-off point with an average delay of 3 to 7 working days depending on the delivery destination indicated. The Customer has a period of 14 (fourteen) consecutive days from the arrival of the parcel at the relay point to collect it. After this period, it will be returned to the Company.
Tracked home delivery - without signature:
For metropolitan France (including Corsica): delivery with an average delay of 2 (two) working days to 7 (seven) working days to the delivery address indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, a delivery notice is left for him and the parcel is made available to him at the drop-off point to which the Customer is attached. The Customer has a period of 15 (ten) working days from the arrival of the parcel at the post office to collect it. After this period, it will be returned to the Company.
For destinations other than metropolitan France (including Corsica): delivery with an average delay of 3 (five) to 15 (fifteen) working days depending on the delivery destination indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, a delivery notice is left for him/her and the parcel is made available to him/her in a drop-off point to which the Customer is attached. The Customer has a period of 15 (fifteen) working days from the arrival of the parcel at the drop-off point to collect it. After this period, it will be returned to the Company.
Tracked home delivery - against signature
Tracked home delivery against signature with an average delay of 2 (two) to 7 (seven) working days for France, depending on the delivery destination indicated, and 3 (five) to 15 (fifteen) working days for destinations other than metropolitan France (including Corsica), depending on the delivery destination indicated.
The parcel will be delivered to the address indicated by the Customer against the signature of the addressee or that of any person attached to the addressee's service, living with the addressee or specially mandated. The recipient's signature is not systematically made available to the Customer.
Where applicable, the digitised signature of the addressee, of any person attached to his or her service, living with him or her, or of the person specially authorised, as well as its reproduction, shall constitute proof of delivery of the package. Refusal to sign is equivalent to a refusal of the shipment.
A confidential code may also be transmitted to the recipient by SMS or email before the delivery of the package. The parcel may be delivered to the address indicated in exchange for the transmission of this confidential code. The concordance of the codes is proof of delivery of the parcel and is equivalent to a signature.
If the Customer is absent, a notice of passage will be left and the parcel will be made available to the Customer in the depot to which the Customer is attached.
7.3 In the event of a delay in shipment, the Customer shall receive an e-mail indicating a new delivery date.
8 - WITHDRAWAL
8.1 In accordance with the legal provisions in force, and subject to Article 8.3, the Client has a period of 14 (fourteen) days from the date of receipt of the Order to exercise his/her right of withdrawal as provided for in Article L. 221-18 of the French Consumer Code, without having to give reasons for his/her decision.
8.2 The Client shall send the Company a request for withdrawal
either by returning the withdrawal form (available on the following website: https://support.difygroup.com/hc/fr) duly completed and signed to the address where the Product was sent;
or by logging into their Customer Account under the heading "Order details".
The Products shall be returned by the Client by post, at the Client's expense, to the address of the place of dispatch of the Products or to any other address indicated to the Client from the Client's Account by the Company no later than 14 (fourteen) days following the date on which the Client sends the withdrawal form to the Company.
8.3 In accordance with Article L. 221-28, 9° of the French Consumer Code, the right of withdrawal may not be exercised if the Products have been unsealed or, more generally, if they have been worn, consumed or damaged by the Client.
In accordance with Article L. 221-28, 5° of the Consumer Code, the right of withdrawal cannot be exercised if the Products have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection. This applies in particular to foodstuffs.
The Customer may not withdraw when the Product is a good likely to deteriorate or expire quickly, such as fresh food products.
In the event of withdrawal, the Products must be returned to the Company in their original packaging and, in any event, in their original condition (i.e. in new condition enabling the Company to re-sell the Products). Consequently, (i) any item of clothing that has been worn or has suffered even minor damage, (ii) any CD, DVD or food product that has been unsealed and (iii) any Product that has been damaged by the Client will not be taken back or refunded by the Company.
8.4 In the event of withdrawal in accordance with this article 8, the Company is obliged to reimburse, with the exception of the costs of returning the Products which are to be borne by the Client, all sums paid (including delivery costs) by the Client and this no later than 14 (fourteen) days following the date on which the Company receives the withdrawal form from the Client.
9 - TERMINATION OF THE CONTRACT
9.1 In accordance with articles L. 216-1 et seq. of the French Consumer Code, and in the event that the Company has not respected the delivery deadline indicated in the confirmation e-mail sent to the Client in accordance with article 5.4 above, the Company undertakes to notify the Client of this as soon as possible by e-mail. The Client may, at its discretion, within 24 (twenty-four) hours of receiving the Company's notification
accept the new delivery date proposed by the Company, or
cancel the Order, if it has not been dispatched at the time of the Client's notification.
If the Company has not complied within this additional period, the Client may, subject to clause 9.3, cancel the Order by registered letter with acknowledgement of receipt sent to the Company after an initial formal notice, sent by registered letter with acknowledgement of receipt to the Company, requiring it to carry out the delivery as soon as possible, has remained without effect.
In this event, the Order shall be cancelled upon receipt by the Company of the registered letter with acknowledgement of receipt notifying the Company of such cancellation, unless the Order has actually been delivered by the date of receipt of such letter by the Company.
9.2 In the event of cancellation, in accordance with this clause 9, the Company shall be obliged to refund all sums paid (including delivery charges) by the Client no later than 14 (fourteen) days following the date on which the Company receives the Client's letter notifying it of the cancellation.
Returns of Products must have the prior agreement of the Company. Any Product returned without the Company's prior agreement will not be eligible for a refund.
9.3 In any event, no cancellation is possible in the event of late delivery due to an address error attributable to the Client.
10 - COMMITMENT OF THE CLIENT
10.1 The Customer declares that he/she is of legal age or, failing that, undertakes to obtain the authorisation of his/her parents or guardian exercising parental authority prior to registration, the latter remaining, in any event, guarantor(s) of compliance with these GTC, which the Customer expressly declares that he/she knows and accepts.
10.2 The Customer undertakes to make strictly personal use of the Products ordered from the Service, excluding any commercial purpose.
10.3 More generally, the Client undertakes to comply with all the terms and conditions of these GTCs and to keep, if necessary by printing them, all copies of the GTCs sent to it by the Company in accordance with article 5.4 above.
11 - CONFORMITY
11.1 The Company guarantees the conformity of the goods to the contract. The Products sold from the Service benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-12 of the Consumer Code, the guarantee relating to the safety and health of persons provided for in Article L. 411-1 of the Consumer Code and the legal guarantee for hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
11.2 Under these guarantees, the Company undertakes, at the Customer's option, to reimburse or exchange any defective Product, which has suffered deterioration prior to receipt and/or which does not correspond to the Customer's Order, provided that the Customer informs the Company immediately upon receipt of the Product, by contacting Customer Services by e-mail or by post at the following postal address DIFY GROUP Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, FRANCE.
11.3 Legal guarantee of conformity:
The Company will exchange and/or reimburse the said Products, provided that, in the event of a non-compliant Order, the Products concerned are returned to the Company in accordance with the conditions set out in Article 8.3 and, in the event of deterioration, that this is mentioned on the delivery note. The cost of returning the Products will be reimbursed by the Company to the Client on presentation of the relevant proof.
When acting under the legal guarantee of conformity, the Client has a period of 2 (two) years from the delivery of the Product to ask the Company, at its choice, to repair or replace the good, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
11.4 Legal guarantee against hidden defects :
The Client may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction in the sale price in accordance with the provisions of Article 1644 of the Civil Code.
11.5 The Company undertakes to archive any Order (including delivery notes, invoices and the current version of these GTC) for an amount of more than 120 euros excluding VAT, in accordance with the legislative provisions in force, for a period of 10 (ten) years.
During this period, the Company undertakes to provide the Client, upon request, with the invoice corresponding to the Order and the GTC in force at the time of the Order.
12 - INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
13 - PERSONAL DATA
The Client is hereby informed that the Company, acting as a processor within the meaning of Regulation (EU) 2016/679 of 27 April 2016, known as the "General Data Protection Regulation" (hereinafter the "GDPR"), on behalf of SFTC, the data controller, on the one hand, and the Musée du Louvre, the data processor, on the other, collects and processes personal data concerning the Client (hereinafter the "Data").
The legal basis for this processing is contractual. The processing of the Data is necessary for the processing of the Client's order by the Company. If the Data is not provided, the order cannot be processed.
The Data transmitted by the Client are the following: surname, first name, postal address, e-mail address, telephone number, date of birth, payment information.
The Data provided by the Client is processed by the Company for the following purposes
management of the Order ;
selling and delivering the Products; and
finalising the transaction; and
managing the relationship with the buyer.
Any other use of the Client's Data shall be subject to the Client's prior written consent.
The Data collected is kept for the following periods:
Data relating to payments made by the Customer, in particular bank details, are kept, in accordance with the deliberation of the Commission Nationale de l'Informatique et des Libertés (hereinafter, the "CNIL") n°2018-303 of 6 September 2018, for a period of thirteen (13) months from the date of full payment of the said purchase, or fifteen (15) months in the event of payment by deferred debit card, in order to enable the management of any complaints; and
the other Data collected are kept for a period of 36 (thirty-six) months from the last purchase.
The Data collected is for the exclusive use of the Company. It may also be communicated, if necessary, to SFTC, the company responsible for processing.
In accordance with the provisions of the amended law of 6 January 1978 known as "Informatique et Libertés" and the RGPD, the Client has a right of access, rectification, portability and deletion of the Data concerning him. He also has the right to limit and oppose the processing and the right to portability of his Data. Finally, the Customer has the right to define directives relating to the conservation, deletion and communication of his Data after his death.
To exercise these rights, the Customer may send a request by post to DIFYGROUP, Z.I DE LA BELLEVUE, RUE BLAISE PASCAL 35220 CHATEAUBOURG, or by e-mail to the following address: firstname.lastname@example.org. This request must include the Customer's contact details and prove, by any means, his identity. If there is any doubt as to the Client's identity, the Company reserves the right to request any additional information that may appear necessary, including a photocopy of an identity document bearing the Client's signature.
The Client also has the right to appeal to the CNIL, 3 PLACE DE FONTENOY - TSA 80715 - 75334 PARIS CEDEX 07, the supervisory authority in charge of compliance with obligations relating to personal data.
The Client is informed that the person responsible for personal data in the Company is Mrs Marie Menini.
To find out more about the Company's commitments in terms of personal data protection, the Client may consult the Company's personal data protection policy, which is available online at the following address: https://boutique.louvre.fr/pages/politique-de-confidentialite
14 - FORCE MAJEURE
The Company shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCs results from a case of force majeure, as defined and retained by Article 1218 of the Civil Code and the case law of the French courts and tribunals. The Company will notify the Client of the occurrence of such an event as soon as possible.
15 - APPLICABLE LAW
All the clauses contained in these GTC, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
16 - CLAUSES
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
17 - COMPETENT JURISDICTION
The Customer may bring an action before either one of the territorially competent courts under the Code of Civil Procedure, or the court of the place where he/she resided at the time of the conclusion of the GTC.
The Client, pursuant to Article L. 616-1 of the French Consumer Code, may have recourse free of charge to the Company's consumer mediator, with a view to the amicable resolution of the dispute, whose contact details are as follows
60, rue de la Boétie
75008 PARIS, FRANCE