Terms of sale
The website www.dotdrops.paris belongs to the brand DOT-DROPS®, which is itself the property of the company Bernard Ehret Design, whose European and online global distributor is:
Société Alsacienne de Maroquinerie (SAMAR)
A S.A.R.L (limited liability company) with a registered capital of 420,000 euros
Head office: 18 rue de Dachstein 67120 MOLSHEIM, represented by Mr Julien Ehret.
Telephone number: +33 (0)184.108.40.206.44 – Fax number: +33 (0)220.127.116.11.13
E-mail address: firstname.lastname@example.org
Siret number: 676 180 060 00011
The present general terms of sale cover all conditions comprising the proposal issued by the Société Alsacienne, hereafter referred to as "SAMAR" or "us", intended for any potential purchaser of products via the website www.dotdrops.paris (the Website) hereafter referred to as the "user" or the "client".
Placing an order implies full and unreserved acceptance of the present general terms of sale. Any conditions to the contrary put forward by the client will be considered inapplicable to SAMAR.
SAMAR may not be contractually bound by any document other than the present general terms of sale, including among others prospectuses or catalogues, which are provided for information purposes only. SAMAR reserves the right to modify the present general terms at any time. The user may familiarise himself with the general terms of sale via the website. These general terms of sale may be subject to modification, with the applicable conditions being those displayed on the website on the date on which your order is placed.
Any reproduction, in full or in part, must always be subject to written authorisation from:
Bernard Ehret Design
18, route de Dachstein 67120 Molsheim
The present general terms of sale are intended to define the terms of sale between SAMAR and the user, from ordering through to services, including payment and delivery. They govern all stages necessary to placing an order and the processing and tracking of the latter between the contractual parties.
Last updated: 24/01/2016
Article 1 - Purpose
The present conditions govern sales by the company SAMAR concerning its DOT-DROPS® branded luggage items and travel accessories.
Article 2 - Prices
The prices of our products are shown in euros, inclusive of tax (VAT and other taxes applicable on the order date) unless stated otherwise, and exclude processing and carriage costs.
In the case of an order for shipment to a country other than metropolitan France, you are considered the importer of the product or products concerned. You may be required to pay customs duties or other local taxes or import duties or state taxes. These duties, taxes and other sums are unrelated to SAMAR. They will be at your cost and/or your entire responsibility, regarding both the necessary declarations and the payments to the authorities and other relevant bodies in your country. We recommend that you contact your local authorities to make enquiries regarding these aspects.
Orders, regardless of their origin, must be paid for in euros.
SAMAR reserves the right to modify its prices at any time, but the product will be invoiced based on the price applicable at the time the order was confirmed, subject to availability.
The products remain the property of SAMAR until payment in full of the asking price.
Please note: The risks concerning the loss of or damage to the items are transferred to you the moment you physically take possession of the ordered products.
Article 3 - Orders
You may place your order:
- Via the Internet: dotdrops.paris
The contractual information is shown in English and will be confirmed at the latest at the time your order is confirmed.
SAMAR reserves the right not to accept a payment and not confirm an order for any reason of its choosing, and more particularly in the event of supply problems or other difficulties concerning the order received.
Article 4 - The confirmation of your order
Any order shown on the website www.dotdrops.paris implies acceptance of the present General Terms of Sale. Any order confirmation constitutes your full and unreserved acceptance of the present general terms of sale, without exceptions or implicit reservations.
All of the data supplied and the recorded confirmation constitute proof of the transaction. You hereby declare that you are fully aware of this.
The order confirmation is considered equivalent to a signature and constitutes acceptance of the transactions performed.
Article 5 - Payment
By confirming your order, you are committing yourself to paying the stated price.
The payment for your purchases is made by bank card using the secure PAYPAL system.
Article 6 – Cooling-off period
For orders concerning several items delivered separately, the cooling-off period begins as from the date on which the Client or a third party, other than the haulier, designated by him, physically takes possession of the last item.
Pursuant to the provisions of article L.121-21 of the Consumer Code, you have a cooling-off period of 14 days as from the date of receipt of your products to exercise your right of withdrawal without needing to state the grounds for this or pay any penalty.
To exercise this right of withdrawal, the client must send an e-mail to email@example.com specifying the order number and the list of items for which reimbursement is requested in the case of a partial return.
Items should be returned in their original condition and should be complete (packaging, accessories, instructions). You will assume liability for this. Any loss or damage suffered by the product on this occasion may invalidate your right of withdrawal.
The return carriage charges are at your cost.
Should you choose to exercise your right of withdrawal, the company SAMAR will issue a reimbursement for the sums paid, within a period of 14 days following the notification of your request, via the same payment method used at the time the order was placed.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
Pursuant to the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal will not apply in the following cases, among others:
- The provision of items manufactured to the customer’s specifications or heavily customised, including among others custom DOT-DROPS suitcases.
Article 7- Availability
Our products are proposed for as long as they are displayed on the website www.dotdrops.paris and subject to stock availability. For items which are not kept in stock, our offers are valid subject to availability from our suppliers.
If it is found that a product is unavailable after you have placed your order, we will inform you of this by e-mail. Your order will be automatically cancelled and your bank card will not be debited.
Furthermore, the website www.dotdrops.paris is not intended to sell products in bulk. Consequently, SAMAR reserves the right to refuse orders for five identical items.
Article 8 - Delivery
The products will be delivered to the delivery address entered during the ordering process, within the delivery time shown on the order confirmation page.
In the event of late shipment, an e-mail will be sent to you to inform you of any possible consequences concerning the delivery date initially indicated to you.
Pursuant to the relevant legal provisions, in the case of late delivery you have the possibility to cancel the order in accordance with the terms and conditions detailed in article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will issue a refund for it and for the carriage costs incurred returning it pursuant to the conditions detailed in article L 138-3 of the Consumer Code.
In the case of delivery via a haulier, the company SAMAR may not be considered liable for late delivery due exclusively to the client’s non-availability after several appointments have been proposed.
Article 9 - Warranty
All of our products are covered by the legal guarantee of conformity and the warranty against defects provided for in articles 1641 and following of the Civil Code. In the event that the product sold proves to be non-compliant, it may be returned, exchanged or a refund issued. All complaints and requests for exchanges or refunds must be submitted by e-mail to firstname.lastname@example.org within 30 days of delivery.
The products must be returned to us in the condition in which you received them along with all of the accompanying items (accessories, packaging, instructions, etc.). The outbound carriage costs will be reimbursed to you based on the price invoiced and the return carriage costs will be reimbursed to you upon presentation of receipts.
The provisions of this article in no way prevent you from benefiting from the right of withdrawal provided for in article 6.
Article 10 - Liability
The proposed products comply with applicable French legislation. The company SAMAR may not be considered liable in the event of non-compliance with the legislation of the country to which the product is delivered. It is your responsibility to check with the local authorities concerning the possibility to import or use the products or services you envisage ordering.
Moreover, the company SAMAR may not be considered liable for the incorrect or inappropriate use of the purchased product.
Finally, the company SAMAR may not be considered liable for any problems or losses inherent to the use of the Internet, including among others interruptions of service, external intrusions or the presence of computer viruses.
Article 11 - Intellectual property rights
All content on the website www.dotdrops.paris is and will remain the exclusive and intellectual property of the company Bernard Ehret Design. All reproduction, exploitation, circulation, broadcasting or use of any aspect or content of the website in any manner whatsoever (even partially) whether software related, visual or audible, is strictly forbidden. The creation of any simple link or hypertext link is strictly forbidden without the express written consent of the company Bernard Ehret Design, to be obtained at the following address: email@example.com .
Article 13 - Personal data
The company SAMAR reserves the right to collect names and personal data concerning you. This is necessary to manage your order and to improve the services and information we provide for you.
This information may also be forwarded to companies contributing to this business relationship such as those with responsibility for management, implementation, processing and payment services and orders.
This information and data is also stored for security purposes in order to ensure compliance with legal and statutory obligations.
Pursuant to the law of January 6, 1978, you have a right to access, rectify and oppose the use of named and personal data concerning you, directly via the website.
Article 12 - Archiving & Proof
The company DOT-DROPS will archive the order forms and invoices on a reliable and durable medium to provide a faithful copy pursuant to the provisions of article 1348 of the Civil Code.
SAMAR's computerised records are considered by all parties concerned as constituting proof of the communications, orders, payments and transactions between the parties.
Article 13 - Product customisation
The user has the possibility to display images online (the Service) on the Internet (Website) of the products sold by SAMAR that he wishes to customise using the customisation tool proposed by SAMAR on the above-mentioned website.
This customisation and online visualisation of the customised products on the Website is only possible if the user is clearly identified by entering his customer code (or specific login code for the www.mydotdrops.com website) and his password, which are strictly personal.
The user is solely liable for the information (last name, first name, address) submitted to SAMAR to obtain a username and password enabling him to access the Website’s services.
The user also bears sole liability for the photographs, profiles (including last name, first name, pseudonyms and imitations) messages, notes, texts, information, music, videos, advertisements, lists and other content which he submits (uploads) or displays ("publishes") on the Website (or via the said website), or which he forwards to or shares with other users (referred to hereafter collectively as the "User Content"). He agrees that he will not publish, forward or share User Content on the Website of which he is not the author or for which he does not hold the necessary publishing rights.
The user unreservedly accepts that the SAMAR may, if necessary, modify the Website or delete or remove (without notice) any Content from the website or any User Content, including any User Content which in the Company's opinion infringes the terms of the present Contract, the general terms of sale or the myDotDrops user charter and any User Content which may be offensive, illegal or likely to infringe the rights of users or third parties, or which might jeopardise the security of the users or third parties or adversely affect them or their interests.
By publishing User Content on the Website, the user expressly authorises SAMAR to create the necessary copies to facilitate the publication or storage of the User Content on the Website. By publishing User Content on all or part of the Website, the user guarantees that he possesses the necessary rights and entitlements for this purpose.
In the case of customized items, the client guarantees that this is his own design and if this is not the case, he guarantees that he is duly authorised to use the design or customisation created by a third party.
In the event that intellectual property rights apply to the customisation of the product by the client, the client expressly confirms that he transfers his related copyrights to SAMAR. Consequently, SAMAR is authorised to use, reproduce, copy, represent, broadcast, circulate, adapt, reformat or translate the new and original customisation in question, on the website www.mydotdrops.com or in relation to the said website. The transfer concerns the entire luggage products field.
In return for the transfer of the intellectual property rights from the client to SAMAR (which may apply in the case of customised items), the latter will pay the client a sum for each luggage item sold by it using the new and original customisation produced by the client (obtained with the aid of the SAMAR online customisation tool and not created previously by SAMAR or persons working for, with or on behalf of SAMAR under the terms of a contract of employment or a commission contract) based on the following scale:
- €5 (five euros) per luggage item (such as a suitcase) sold by SAMAR
- €1 (one euro) per small luggage item (such as a wallet, key holder or cardholder) sold by SAMAR.
Regarding the client's contribution to the costs incurred by SAMAR and particularly the costs pertaining to the creation of a customisation tool, the online publication of this tool and the hosting of a gallery, the above-mentioned scale will only apply as from the 11th luggage item personalised by the client and sold by SAMAR.
This remuneration will be calculated at the end of each calendar year according to the number of items sold and will be paid to any client coming forward and requesting this. Payment will be sent to the client at the address or to the account expressly stated by him, at the latest within the three months following the completion of the end of year calculation.
SAMAR may not be considered liable for false or erroneous information concerning the client’s contact details or addresses.
SAMAR is also authorised to create works derived from this customisation. In this case, SAMAR will contact the client to agree the relevant contractual conditions.
SAMAR reserves the right (at its entire discretion) to refuse any publication by the user on the Website for legal reasons, including:
- Publications of a slanderous, dishonest, racist or obscene nature or those seeking to justify crimes against humanity.
- The violation of third parties’ rights.
Article 14 - Applicable jurisdiction - Dispute resolution
In all circumstances, SAMAR’s liability is limited to the order value. It may not be considered liable for simple errors or omissions occurring despite all the precautions taken in the presentation of the products.
The contractual information is provided in English and the products proposed for sale comply with French regulations. Where applicable, it is the responsibility of the foreign client to check with the local authorities concerning the possibility to use the product he envisages ordering. The company SAMAR may not be considered liable in the event of non-compliance with the legislation of a foreign country.
The present general terms of sale are subject to French law. Any dispute or litigation concerning their interpretation and/or performance will be considered the exclusive jurisdiction of the French courts.
Article 15 - Modifications to the general terms of sale
SAMAR reserves the right to modify the General Terms of Sale and Use.
Article 16 - If you require any information or have any questions, SAMAR may be contacted:
- By e-mail, sent to the following address: firstname.lastname@example.org
- By letter, to be addressed to: SAMAR, 18 route de Dachstein 67120 Molsheim
- By telephone, on the following number: +33 (0)18.104.22.168.44