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Terms and conditions of sale
Terms & Conditions
Sales
from D'Yrsan
Title I - General conditions applicable to the provision of services
Article 1 - Scope of application
These provisions govern the contractual relationship between D'Yrsan (hereinafter "D'Yrsan") and any individual or legal entity requesting its model-making, prototyping, sewing and tailoring services.
All services are subject to prior quotation, signed by the Customer and accompanied by payment of a deposit corresponding to fifty percent of the agreed price. Signature of the quotation and payment of the deposit constitute final and irrevocable acceptance of these General Terms and Conditions of Sale, which prevail over any other stipulation made by the Customer.
Article 2 - Nature of services and terms of performance
Services include the creation of models, pattern-making, prototyping, adjustments and the manufacture of made-to-measure pieces or small series. Turnaround times are given as an indication and may vary according to technical contingencies, material constraints or delays attributable to the customer.
The customer undertakes to provide all information, measurements, indications and elements necessary for the proper execution of the contract. Failure to do so shall release D'Yrsan from all liability for any delays or defects.
Article 3 - Price and payment
Prices are fixed by quotation, taking into account the complexity of the project, the time required for pattern-making, the materials used and the work involved in making up the garment. The balance is due on delivery, unless expressly stipulated otherwise. Any delay in payment shall automatically entail the application of interest on arrears at the legal rate plus ten points, as well as the fixed indemnity provided for in the French Commercial Code.
The deposit remains the property of D'Yrsan in the event of cancellation by the customer.
Article 4 - No right of withdrawal
The consumer customer is informed that, pursuant to Article L. 221-28 of the French Consumer Code, he or she has no right of withdrawal, as the services provided by D'Yrsan are executed on the basis of personalized specifications and cannot be reused or resold.
Article 5 - Supplies and liability
When raw materials are supplied by the customer, the latter remains solely responsible for their quality and conformity. D'Yrsan declines all responsibility for any defects or unsuitability attributable to said supplies. When they come from its own suppliers, any non-conformity cannot be directly attributed to it; however, D'Yrsan undertakes to take all reasonable steps to assert its customer's rights with the third parties concerned.
Article 6 - Subcontracting
D'Yrsan reserves the right to entrust all or part of the execution of the service to qualified subcontractors. D'Yrsan may only be held liable for gross negligence in the choice of subcontractors, to the exclusion of any liability for their own technical shortcomings.
Title II - General conditions applicable to sales of D'Yrsan brand haberdashery and creations
Article 7 - Scope of application
This title governs online sales on the D'Yrsan website, whether of standard haberdashery products, creative supplies, or D'Yrsan brand creations offered for sale.
Article 8 - Orders
Any order placed online implies unreserved acceptance of these GTS. The order is firm and definitive as soon as it has been validated and paid for in full by the Customer. Products are offered subject to availability.
Certain D'Yrsan creations can be personalized at the customer's request. These customizable items, made to the customer's particular specifications, cannot be returned or refunded, in accordance with article L. 221-28 of the French Consumer Code.
Article 9 - Prices and payment terms
Prices displayed on the site are in euros, inclusive of all taxes (brand) and exclusive of all taxes (haberdashery), excluding delivery charges. Payment is due immediately using the secure payment methods available on the site. The order is deemed accepted only after effective confirmation of payment.
Article 10 - Delivery and transfer of risk
Products are shipped to the address indicated by the Customer at the time of ordering. Delivery times are indicative and depend on the postal services or carriers chosen. The transfer of risks takes place as soon as the products are handed over to the carrier. In the event of delay or damage, it is the Customer's responsibility to make the necessary reservations with the carrier within the legal time limits.
Article 11 - Right of withdrawal
In accordance with applicable legislation, the consumer customer has a right of withdrawal of fourteen days from receipt of the product, except for custom-made or personalized products, which are expressly excluded from this right.
The right of withdrawal is exercised by written notification to D'Yrsan. The customer then returns the product in perfect condition in its original packaging, at his or her own expense. Reimbursement will be made within fourteen days of receipt of the returned product.
Article 12 - Reservation of title
The products remain the property of D'Yrsan until complete and effective payment of the price.
Article 13 - Liability and warranties
Products are covered by the legal warranties of conformity and against hidden defects, as provided for in articles 1641 et seq. of the French Civil Code. All other contractual warranties are excluded. D'Yrsan cannot be held responsible for indirect, immaterial or consequential damage suffered by the customer as a result of the use of the products purchased.
Title III - Final provisions
Article 14 - Primacy of the GCS
These General Terms and Conditions of Sale constitute the law of the parties and prevail over any stipulation to the contrary contained in any document issued by the Customer, including a signed contract, unless expressly accepted in writing by D'Yrsan.
Article 15 - Applicable law and jurisdiction
These terms and conditions are governed by French law. Any dispute relating to their interpretation, execution or validity shall be submitted to the competent jurisdictions of the Paris Court of Appeal, notwithstanding multiple defendants or warranty claims.