Terms and conditions
Detoujours.com (hereinafter the "Website") is published by the company SAS DE TOUJOURS with a capital of 23,000 euros, whose siège social (registered office) is in Allauch – 12 avenue Jean Roques - registered with the Marseille RCS under no. 791 579 659, intra-community VAT no. FR24791579659 (hereinafter 'De Toujours' or 'the Company').
The General Terms and Conditions of Sale detailed below apply to all orders placed with the De toujours company for all items and services offered on the site Detoujours.com. They can be accessed at all times on the Website.
De Toujours reserves the right to adapt or modify these General Terms and Conditions of Sale at any time, the version of the Terms and Conditions of Sale applicable to any transaction is that listed online on the Website www.detoujours.com at the time of the order. Consequently, the action of placing an order implies complete adherence, without reservation, to these terms and conditions.
1 : Customer
At the time the customer registers their personal information, the customer must ensure the accuracy and completeness of the data they provide. If an error occurs in the wording of the recipient’s details, De Toujours cannot be held liable for any inability to deliver the product.
2 : Products
The products offered for sale are those described on the Website on the day the internet user consults the Website, within the limit of available product stock. De Toujours takes the greatest care in the presentation and description of these products in order to provide the customer with the best possible information. However, it is possible that non-substantial errors may appear on the Website, which the customer acknowledges and agrees to.
Returns are in charge of the customer. It is possible you may receive an item previously returned by another person. Only intact items that have not been worn are accepted, and they are checked thoroughly before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the customer may either exercise his right of withdrawal, or implement the De Toujours guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
3 : Orders
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by de Toujours, expressed by a succession of different stages that the customer must follow in order to validate their order. Any order validated by the customer is in accordance with the contract of sale and acceptance of all of the clauses of these terms and conditions. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by De Toujours. For this purpose the customer formally accepts the use of email for receiving confirmation of the contents of their order from the company De Toujours. In any event, the invoices are available in the 'my account' section.
The customer has 15 (fifteen) calendar days to exercise their withdrawal period from receipt of the package.
4 : Prices and terms of payment
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
De Toujours reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner SYSTEMPAY. The customer expressly acknowledges that disclosure of their bank card number to De Toujours gives the company authorization to debit their account to the amount of the products ordered.
The data recorded and kept by De Toujours constitutes proof of the order and all previous transactions. The data recorded by PayPal or SYSTEMPAY constitutes proof of the financial transactions.
5 : Delivery
Deliveries are carried out by Colissimo for metropolitan France, DOM-TOM and abroad. The delivery is made to the delivery address indicated by the customer, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
The deadlines are indicative, corresponding to the average processing and delivery times. So that deadlines are respected, the customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.).
The timescales indicated are indicative deadlines, corresponding to the average time for processing and delivery. De Toujours cannot be held responsible for any consequences due to a delivery delay not of their own making.
* NB : Unfortunately, De toujours cannot deliver to the following countries for legal reasons: China, Hong-Kong, Morocco, Brazil, Singapore, Australia, Taiwan, South Korea, United Arab Emirates.
6 : Refunds and returns
Within a period of 15 days following the receipt of their order, the customer may request reimbursement of the order. Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk, and on his charge. Product(s) must be returned in their original packaging, in their original state, brand new, not worn, and unwashed. To make a return, the customer must follow the procedure indicated on the account including the order.
The repayment term for De Toujours to the customer in the event of withdrawal is 15 (fifteen) days, once the product which the customer is returning has been recovered.
To our non-EU customers :
According to the new customs regulations, you will now be asked to declare your parcel to the selected carrier in order to complete the customs procedure for returns. You will have to mention to your carrier that it is a return of goods. The original order form ( shipping note and invoice) must be attached to your parcel. If this procedure is not followed, we will be obligated to refuse receipt of your return package.
7 : Guarantees and responsibility
De Toujours only has a best-efforts obligation for all stages of access to the Website, from the processing of the order to shipment of the package or subsequent services. De Toujours cannot be held liable for any inconveniences or damages inherent to the use of the internet, including service breakdown, an external intrusion or the presence of computer viruses, or any event or occurrence qualified by force majeure in accordance with the law and jurisprudence. Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties. Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here.
Art. L. 211-4 of the French Consumer Code: The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.
Art. L. 211-5. of the Consumer Code: To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model; b) have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code: Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.
Art. 1641 of the Civil Code: A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.
Art. 1648, paragraph 1 of the Civil Code: The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.