OUR GENERAL TERMS AND CONDITIONS OF SALE
Scope of the general terms and conditions of sale
The present general terms and conditions of sale are exclusively about the relations between EC&CO company and the customers within the frame of the sale of products performed by EC&CO company to the customers of the website www.dandynomad.com, hereinafter named “the Website”.
Every order implies the acceptance of the whole present general terms and conditions of sale. The customer declares before validating his order that he is fully aware and that he accepts the present general terms and conditions of sale. The acceptance of the present general terms and conditions of sale by the customer rules out the application of all other contradictory conditions.
EC&CO company keeps the right to adapt or change at any time the present general terms and conditions of sale.
Any new version of the general terms and conditions of sale will be disclosed to customers under the shape of a « disclaimer » before the customer’s order. In case of adaptation or change, the general terms and conditions of sale to be applied to the order will be the ones in force at the date of the order.
The purchase of product(s) on the Website is reserved to the non-professional customers. The purchase of product(s) by a professional in the view of selling on the product(s) is forbidden.
Information of the customer
In accordance to the articles L 111-1 and L 113-3 of the French Consumer Code, the essential characteristics and prices of our products sold by electronic device are available on the Website.
Besides, the customer receives the information announced in the articles L 121-18 and L 121-19 of the French Consumer Code, both previously and subsequently to the conclusion of the sale and notably by the present general terms and conditions of sale which he declares being aware of before the validation of his order and which he can access from the Website.
The products proposed for sale are the ones described on the Website. EC&CO company gives the utmost care in the presentation and description of these products to satisfy at most the information of the customer. However it is possible that non-substantial errors may appear on the Website, which the customer recognizes and accepts.
The pictures of articles sold on the Website do not have any contract value and are likely to slightly change compared with the articles themselves.
For any other information, claim or question with regards to the present general terms and conditions of sale published by EC&CO company or about the articles/clauses themselves, customers will have to address to Dandy Nomad Customer Service at the following address:
67 avenue Georges Mandel
75 116 PARIS
Or by email at the following address:
by mentioning the number and the date of the order.
Non-compliance of the products
In case of non-conformity of the delivered product in relation with its description on the Website, the customer will be able to send it back to EC&CO according to the process described here below. The customer can ask to EC&CO:
- Either to have delivered a product identical to the one previously ordered, within the limits of available stocks,
- Or to have delivered a product of equivalent quality and price, within the limits of available stocks,
- Or to be reimbursed of the cost of the product ordered within the fourteen (14) days following the day of the order.
The costs of return of the delivered product and the new delivery costs of a potential other product will be assumed by EC&CO.
EC&CO will not be under any obligation of any other indemnification towards the customer.
Should the delivered products not comply with the specifications indicated in the delivery slip as far as their nature or quality are concerned, the customer will have to notify EC&CO’s Customer Service by mail at the following address : email@example.com, reminding the number and the date of the order.
The products will have to be returned in their original state and packaging, complete, labeled, new, non-worn, non-washed and with the number of order, at the following address:
Returns and exchanges service
9, rue Thiollière
42 100 Saint Etienne
Prices and conditions of validity
The prices applicable to the orders are the one presented on the Website at the time of the order. The prices are indicated by item and by reference and include all taxes, excluding of delivery costs and are governed by French legislation. Any change of the legal applicable VAT rate will be automatically applied to the prices of the products right from its entry into force.
The conditions of our offers and prices’ period of validity are determined by the update of the Website when launching our collections or promotions and remain applicable until they stay accessible from our point of view.
The ordered items have to be paid in euros and online.
The banking fees caused by the payment are to be paid by the customer.
The products remain EC&CO’s property until the complete payment of the price by the customer.
EC&CO uses a secure banking solution (Realex Payment), which allows the customer to pay by credit card. Accepted credit cards are the following ones: CB, Visa, Mastercard. Customer’s banking data are automatically encrypted thanks to the high-level SSL encryption technology, which guarantees the privacy of banking data. Therefore, when imputing and transferring them via the Internet, it is impossible for us to read them, and they do not appear in our reporting systems.
Realex Payment, our secure payment solution, gives you the guarantee of a total protection when transferring your data.
The order will be validated or effective after confirmation of the agreement by the banking Payment Centres.
In accordance with the regulation in force, the Website will not retain any customers’ banking data.
When validating the order, the price to be paid by the customer is inclusive of everything, that is to say the amount of the price all taxes included composing the order increased with the delivery fees; except for metropolitan France where the delivery fees are free starting from 40 euros for any order placed on the Website.
Please refer to the “Delivery” section for other countries.
Availability of the products
The products sold on the Website are available within the limits of the available stocks.
If one or several articles ordered are no longer available, the customer will be informed by email in the best times. Pursuant to the dispositions of the articles L 121-20-3 of the French Consumer Code, the customer will have the choice either to keep the rest of his order or to set it aside in its entirety, or to be delivered of an equivalent product within the limits of the available stocks, or to obtain refund of the price of the ordered product within the 30 days following his demand (by crediting his bank account corresponding to the credit card used for the payment).
The delivery fees of a new product will be assumed by EC&CO.
Stages of sale’s closing
Taking order on the Website relies on respecting the procedure set by EC&CO, which stems from a series of different stages that the client must follow in order to confirm his order. Before validating definitely his order, the customer will have the opportunity to check its details and total price, and to correct potential errors, before confirming it in order to express his acceptance. Every order confirmed by the customer applies as a sale contract and acceptance of the whole present general conditions and terms of sale.
EC&CO will refuse any order from a customer with whom there may be a dispute or an incident related to the payment of a previous order or who may contravene the provisions of the present ones.
In those circumstances, EC&CO will inform the customer by email. Should the customer not proceed towards EC&CO to the correction of the incorrect elements or against the present general terms and conditions of sale, EC&CO reserves the right not to process the order.
A confirmation email summarizing the order (products, price, availability of the products, quantity…) will be sent by EC&CO to the customer. To that purpose, the customer strictly accepts the use of email for the confirmation of his order’s contents by EC&CO.
The invoice will be sent to the customer at the address he will have indicated during the order. The price is the one in force when the order was placed by the customer. EC&CO assumes no liability about the customers data capture errors, especially as far as the shipping and billing addresses entered during the order are concerned.
Shipping and Delivery
Wherever you live, Dandy Nomad delivers your travel accessories as soon as possible and in most countries around the world.
We deliver any order above 40€ incl. tax for free to Metropolitan France. Under this amount, delivery fees for Metropolitan France are charged 6,50€ incl. tax.
From one country to another, the prices and the delivery times may change: See the delivery fees depending on the world areas you live in for more information about this point.
Dandy Nomad commits to ship your orders within 2-3 working days following their validation.
This period is given as a reference only and is subject to the reception of the payment.
If the product wanted by the customer is out of stock, it is indicated on the product page with a mere indication of the date of availability of the product. The client is then free to terminate the ordering process or to go through with it.
When the products are ready to be sent, the transport company GLS takes care of their delivery to the address indicated by the customer during the ordering process.
As a mere indication, the delivery times go from 2 to 15 working days as far as the orders for metropolitan France and the French overseas territories concerned and may go until 1 month for the zones 1, 2 and 3*.
After your purchase, you will receive a first email from GLS indicating that the order is being prepared. As soon as your order is leaving our warehouse, you will receive a second email indicating you the tracking number of your parcel, and the estimated date of delivery with a time frame as a mere indication.
The deliveries are only made under signature: therefore if you think you will be out at the indicated time frame, you can indicate it and ask to reschedule the delivery at another time and date for free.
After the delivery, you will receive a thrid email to confirm the reception of your order.
Therefore, you can track your parcel at any time during the delivery by going on the website https://gls-group.eu/FR/en/suivi-colis
Zone OD1: Guadeloupe (St Barthélémy and St Martin), Martinique, Réunion, Guyana, Mayotte, St Pierre et Miquelon
Zone OD2: New Caledonia, French Polynesia, Iles Wallis and Futuna.
Zone 1: Europe, Vatican City, Faroe Islands, Algeria, Tunisia, Morocco.
Zone 2: United States, Canada, Middle East Africa.
Zone 3: Asia, South America, Australia, Oceania, rest of the world.
- Delivery fees for the purchase of travel accessories
Free for any order over 40€ (incl. tax).
| 29€ |
For the OD1 & OD2 zones and for the 1st, 2nd and 3rd zones:
The delivery fees are subject to changes depending on the number of travel accessories you buy (which impacts the parcel weight).
Contact us for more information.
Right to withdraw
In accordance with the articles L 121-20 and following of the French Consumer Code, the customer benefits from a withdrawal period of ten (10) working days from the delivery date of the goods to practice his withdrawal right on his order and send the ordered items back without having to give any reasons nor to pay any penalties except for the return fees which will remain his responsibility. The postmark or the date of the (delivery) receipt is the starting point of this period. When this period comes to an end during a weekend, a public holiday or a day-off, it is extended until the next
working day. The return or cancellation may concern all or part of the order.
In any case, the items will have to be returned in their original packaging, complete, labeled, new, non-worn, non-washed and with the number of order, at the following address:
Returns and exchanges service
9, rue Thiollière
42 100 Saint Etienne
The returned items which do not comply with the conditions detailed here above (returned in the original packaging, complete, labeled, new, non-worn, non-washed – see above) or which are damaged, deteriorated or soiled by the customer will not be refund.
The fees and risks of return are always paid by the customer. The customer is therefore strongly advised to send the parcel back by any mean which provides proof of its sending and which gives it a definite date (registered with acknowledgement of receipt, Colissimo track, etc.).
Once the goods have been received, controlled and accepted by our services, the reimbursement of the returned articles to the price charged will be credited on the customer bank account corresponding to the credit card used to pay. The customer will be refunded in the best times and no later than within 30 working days from the reception, by EC&CO, of the returned items.
Beyond this period of ten (10) days from the delivery, the goods will not be taken back, nor exchanged, nor reimbursed.
The responsibility of EC&CO cannot be held liable:
- in case of failure to these contractual obligations as a result of a fortuitous case or in case of force majeure ;
- in case of non-substantial differences between the photos, texts and illustrations of the articles on our website and the ordered articles.
Computing & Freedom
The personal data collected by EC&CO during an order by the customer are necessary to the management of the transaction and, for this reason, can be communicated in full or in part to EC&CO’s counterparts involved in the execution process of the order. The customer is aware that these very personal data can also be collected by an organism in charge of the data analysis and the fight against credit card frauds.
In accordance to the French Computing and Freedom law n°78-17 of January 6th, 1978, the customer has a right to access, rectify, oppose and delete his personal data. At any time, the customer can exercise this right by submitting his request by mail to EC&CO, at the following address:
67 avenue Georges Mandel
75 116 PARIS
Depending on the choices selected when opening or consulting their accounts on the Internet, the customers will have the possibility to choose whether they want to receive or not the commercial offers from the brand DANDY NOMAD.
If a customer no longer wants to receive these offers, he will be able to submit this request at any time by consulting his personal account section or by clicking on the unsubscription link in the footer of the newsletter.
Intellectual property rights
The brand « Dandy Nomad », the brand « Bag on Bag » the illustrations, logos and baselines, the pictures, the drawings and models appearing on the Website are the exclusive property of EC&CO. Any full or partial reproduction, without the explicit, written and prior agreement of EC&CO, is strictly forbidden pursuant to the articles L 335-2 and L 335-3 of the French Intellectual Property Code and constitutes both a counterfeit and a crime.
If one or several provisions of the present general terms and conditions of sale are declared void or unenforceable by any jurisdiction, and therefore by definitive decision, these provisions will be cancelled without leading to the invalidity of the whole present conditions whose all other provisions shall remain in force to their full extent.
Besides, if it appears within the frame of the execution of the present general terms and conditions of sale that any specification of the present goes against any provision of any treaty, any law, any national or community regulations, EC&CO commits to bring to the present general terms and conditions of sale, all the necessary changes to bring them into line with these provisions.
The present general terms and conditions of sale represent the full agreement between EC&CO and the customer and substitute for any agreement hypothetically placed previously between the customer and EC&CO.
The failure for EC&CO to exercise any right conferred upon it by virtue of the present general terms and conditions of sale cannot be interpreted as a renunciation by the Company to subsequently refer to or to enforce the rights at stake.
The present general terms and conditions of sale are governed by the French law.
In case of any difficulty about the interpretation or the execution of the present, EC&CO and the customer will endeavour to amicably resolve their dispute. In the event the Parties (EC&CO and the customer) cannot reach an agreement to solve their dispute within a period of sixty (60) days from the receipt of the notice, by registered letter with acknowledgement of receipt expressed by the Plaintiff to all concerned Parties sharply describing the subject matter of the dispute, the dispute will be submitted to the relevant French Courts.
In accordance with the provisions of the order 2005-136:
Article L211-4 of the French consumer code
The seller has to deliver a good complying with the agreement and is responsible for any existing lack of conformity when delivering the product.
He is also responsible for any lack of conformity due to the packaging process, the assembly instructions or the installation when this one has been executed under his responsibility.
Article L211-5 of the French consumer code :
To be in compliance with the agreement, the good has to:
1° Fit for the purpose that a similar property usually fits and, where applicable:
- Match the description given by the seller and possess the qualities that he presented to the buyer as a sample or model
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the qualities defined by common agreement by the parties or be suitable for any particular purpose sought-after the buyer, and agreed by the seller.
L211-12 of the French consumer code:
Any action resulting from a defect in conformity lapses after two years, starting from the date of delivery of the item.
Article 1641 of the Civil Code
The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the purpose for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them.
Article 1648 of the Civil code, 1st paragraph:
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the fraud.