LEGAL NOTICE
This website www.dokvary.com (the « Website » ) is published by DOKVARY SASU, a sole shareholder simplified joint stock company duly organized and existing under the laws of France with capital of €20,000 registered on the Paris Trade and Companies Register under the number 835 120 551.
Registered office : 180 boulevard Voltaire 75011 Paris – FRANCE.
email : contact@dokvary.com
Publication Director of the Website : Varasy Veopraseuth-Vongsouthi
Hosting services :
OVH France
2 rue Kellermann
59100 Roubaix
France
RCS Lille 424 761 419 00045
Tel : +33 (0)9 72 10 10 07
email : contact@ovh.com
TERMS AND CONDITIONS OF USE
Use of the website accessible at www.dokvary.com (the « Website ») is subject to these General Terms and Conditions of Use (the « General Terms and Conditions of Use »). In using the Website, you acknowledge having read, understood and unreservedly accepted these General Terms and Conditions of Use.
DOKVARY may modify and update these General Terms and Conditions of Use at any time. The General Terms and Conditions of Use in force as of the moment at which the Website is used are those which are enforceable with regard to you.
Please keep yourself updated with regard to the terms and conditions in force on a regular basis. You may consult the version of the General Terms and Conditions of Use in force at any time by clicking the « LEGALS » link, and then on « TERMS AND CONDITIONS OF USE » .
1. INTELLECTUAL PROPERTY RIGHTS
The Website is protected by copyright, trademark law and, more generally, by legislation relating to intellectual property, with effect worldwide, both in relation to its presentation and to each component part comprising its content (trademarks, text, images, videos, illustrations, logos, etc.). DOKVARY is the holder of all intellectual property rights relating to the Website and to its component parts.
On this basis and in accordance with the provisions of the Intellectual Property Code, use of the Website and its component parts is authorized for private use only.
Therefore, the reproduction, representation or modification, either total or partial, of any pages, data or component parts relating to the presentation and/or content of the Website, via any support whatsoever and using any procedure whatsoever, is prohibited other than with express prior consent from DOKVARY.
The trademarks belonging to DOKVARY featured on the Website are trademarks registered in France and/or internationally for various purposes by DOKVARY.
Similarly, any use made of all or part of the Website’s content for illegal purposes renders the user liable under civil and criminal law, and such user may be the subject of legal proceedings.
DOKVARY has the right to modify the content of the Website at any time and without notice.
2. LINKS
Express prior authorization must be obtained in writing from DOKVARY for the creation of hypertext links to any one of the pages or component parts of the Website. Third party websites containing hypertext links to the Website are not under the control of DOKVARY and DOKVARY therefore declines all liability (particularly as publisher) concerning access to, and the content of, such websites.
The Website may also contain links to third party websites not published or controlled by DOKVARY. Such links are provided as a convenience only. They may not and must not be interpreted as an explicit or implicit endorsement of such websites, their content, or of any product or services thereby offered. Please refer to the general terms and conditions of use of such websites for further details regarding the conditions applicable to you when using these websites.
3. OBLIGATION OF THE USER
You hereby undertake not to use or allow the use of the Website in an improper manner, for unlawful, fraudulent or malicious purposes, and particularly (without limitation) : (i) by pirating the Website or by introducing any malicious code, including viruses, or harmful data into the Website or any operating system ; (ii) by the use of a « spider » or any other system, methods or programmes (automated or otherwise) to extract data or information from DOKVARY’s Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programmes ; (iv) by interfering with or causing harm to the integrity or performance of the Website and the data contained therein ; (v) by trying to obtain unauthorized access to the Website, its systems or associate networks ; (vi) by trying to access the accounts or personal information of other users in an unauthorized manner.
4. LIMITATION OF LIABILITY
Subject to the specific provisions applicable to on-line sales and to consumer law, DOKVARY will under no circumstances have any liability with regard to you or to any third party for any direct or indirect damage of any kind whatsoever, whatever the cause, origin, nature or consequence thereof, arising from the consultation or use of the Website. In particular, DOKVARY provides no guarantee as to the uninterrupted functioning of the Website and refuses all liability in the event of access to the Website being interrupted or unavailable, in relation to bugs or viruses, to any damages caused by fraudulent acts perpetrated by third parties (such as hacking) causing the modification of the information provided via the Website or preventing access thereto. The user therefore declares that he/she accepts the characteristics and limits of the Internet. This present limitation of liability applies to the full extent authorized by law.
5. MAINTENANCE, AVAILABILITY
DOKVARY will make its best efforts to maintain a reasonable level of Website functionality and availability.
DOKVARY reserves the right to limit access to the Website and its use by the user at any time and without notice in order to carry out maintenance work and make changes to the Website. DOKVARY may not be held liable in the event of any interruption to access caused by such maintenance or updating operations.
6. APPLICABLE LAW – DISPUTES
These General Terms and Conditions of Use shall be governed and interpreted in accordance with French law.
Should any dispute arise in relation to the use of the Website and following the failure of any claim filed in writing by the customer or if no response has been made within a reasonable deadline of one (1) month, you may if you wish have recourse to any method of alternative dispute resolution, particularly mediation via the CMAP (Paris Centre for Mediation and Arbitration). In order to submit a dispute to the mediator, the customer may (i) complete the form published on the CMAP website : www.cmap.fr, tab « you are : a consumer », (ii) send his/her request by simple letter or by registered letter with acknowledgment of receipt to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris, or (iii) send an email to consommation@cmap.fr. Whatever the method used to refer to CMAP, the customer request must contain the following in order to be processed quickly : his/her postal, email and telephone contact details together with DOKVARY’s full name and address, a brief description of the facts and evidence confirming that he/she first tried to solve the dispute with DOKVARY.
You remain free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.
If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions of Use will be submitted to the jurisdiction of the competent courts pursuant to the French Code of Civil Procedure and the French Consumer Code.
TERMS OF SALE
Date of Last Update : August 2018
1. IDENTIFICATION OF THE SELLER
The articles are sold by DOKVARY SAS, a sole shareholder simplified joint stock company duly organized and existing under the laws of France with capital of €20,000 registered on the Paris Trade and Companies Register under the number 835 120 551, whose Intracommunity VAT number is FR 75 835120551. Registered office : 180 boulevard Voltaire 75011 Paris – FRANCE.
email : contact@dokvary.com
2. SCOPE AND ACCEPTANCE OF THE GENERAL TERMS OF SALE
The purchase of Products offered on the website www.dokvary.com/ (hereafter the “Website”) is subject to these general terms of online sale.
DOKVARY items (hereafter the « Products ») are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the « Customers »). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
DOKVARY can update these TERMS OF SALE at any time.
The Customer can familiarise himself at any time with the version of the Terms of Sale then in force by clicking on the link https://dokvary.com/shop/. The applicable General Terms of Sale at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.
Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable TERMS OF SALE on the date of placing his/her/its order. Said Terms of Sale can be viewed at the time he/she/it is asked to confirm that he/she/it accepts them. To substantiate this acceptance, the Customer must check the box « I have read and hereby accept the General Terms of Sale of the website ».
3. TERMS OF THE ORDER
Any order placed on the Website shall imply express acceptance of the Terms of Sale and acceptance of the prices and Products available for sale on the Website.
3.1. ORDER PROCESS
The Customer who wants to place an order must comply with the following procedure :
• Product choice : the Customer must select the Product that he/she/it would like to order.
• Checking of the content of the Customer’s selection : the Customer checks the content of his/her/its /her/its basket whilst having the opportunity to delete the Products he/she/it has selected.
• Identification: the Customer must complete the identification form made available to him/her/it and provide the requested information (mandatory information : title, surname, first name or corporate name, email address, password, telephone number for the delivery).
• Checking of the Customer’s order : the Customer checks the content of his/her/its /her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms his/her/its /her/its method of delivery and payment.
The Customer must confirm his/her/its /her/its acceptance of these Terms of Sale by checking the corresponding box. The validation of the order is only possible after having checked this box.
• Order acknowledgement of receipt : the Customer receives an e-mail summing up the content of his/her/its order.
The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by DOKVARY which checks the availability of the Product(s) ordered.
Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
• Confirmation of shipping of the order : the Customer receives an e-mail summarizing the content of his/ her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.
3.2. TRACKING OF THE ORDER
A carrier tracking number the carrier is provided to the Customer when his/her/its order has been confirmed.
If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier chosen by DOKVARY, e.g. : DHL or Colissimo, at the address www.dhl.com or www.colissimo.fr, and follow the transport of his/her/its parcel live. The Customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/ its order until it is shipped.
4. PRODUCT AVAILABILITY
All Products are subject to availability. Validly stated prices on our website remain in effect for so long as the Products is available or as otherwise stated on our website. We will inform you as soon as possible if the Products you have ordered are not available.
5. PRICE
The prices of Products are expressed in Euros, inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, DOKVARY shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European
Union).
DOKVARY reserves the right to change at any time and without prior notice the prices of Products offered on the Website.
The Products are invoiced on the basis of tarifs displayed on the Website at the time when the order is placed, subject to availability of the Products ordered at this time.
All the orders are payable in Euros and must be settled immediately upon placing the order.
In the event of unavailability of certain Products ordered (see Article 4 « PRODUCT AVAILABILITY »), only the price and shipping costs related to the available Products shall be debited.
* Payment terms and conditions
By credit card (Visa, MasterCard, American Express) : The payment is made on the secure website of DOKVARY’s approved banking and credit institution. This means that no banking information regarding the Customer transits via the www.dokvary.com website. Payment by credit card is therefore completely secure (SSL). The order will then be recorded and validated on acceptance of the payment by the banking service.
6. RESERVATION OF OWNERSHIP
The ordered Products remain the property of DOKVARY until receipt of full payment of the price by DOKVARY. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.
7. TERMS AND CONDITION OF DELIVERY
Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice. DOKVARY cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
For all the Products, the order is prepared for departure from DOKVARY’s logistics warehouses within a maximum period of 2 working days (subject to stock availability and except for the special case of Products sold « BY ORDER » for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order. The average period between the placing or an order and its delivery is from 3 to 9 working days. This is an average period based on prior orders. Exceeding this period may not give rise to any
cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed « on request »), the periods indicated above can be longer. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, failure to deliver within a period of 30 days from the day after the Customer placed the order, the latter shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then
be reimbursed. In cases where it has the capacity to do so, DOKVARY reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.
If the order reaches a certain volume DOKVARY may send it to the Customer in several deliveries and/or several packages.
Generally, all of the parcels are shipped via DHL. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.
The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.
In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to DOKVARY by e-mail to the address contact@dokvary.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: DOKVARY – 180 boulevard Voltaire – 75011 Paris, FRANCE.
In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, DOKVARY cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient,
DOKVARY shall be entitled to request that the Customer pay the corresponding fees for this second delivery. The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.
Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and or in a « sorting – pending » centre of the carrier and/or returned to DOKVARY who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.
In the event that it is impossible to deliver and if the product must be returned to DOKVARY by the carrier, DOKVARY will not make any new delivery.
Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to DOKVARY, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforehand via e-mail at contact@dokvary.com to obtain a return number to note on the « Return Authorization » enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to DOKVARY – 180 boulevard Voltaire – 75011 Paris, FRANCE.
8. CANCELLATION AND RETURNS POLICY
Pursuant to Articles L. 221-18 et seq. of the Consumer Code, the Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of his/her/its desire to return the Product.
For any return, the Customer must contact the customer service beforehand via e-mail at contact@dokvary.com to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender. In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, accompanied by all of its accessories, and a copy of the purchase invoice to DOKVARY – 180 boulevard Voltaire – 75011 Paris, FRANCE. The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.
DOKVARY cannot be held responsible in the event of loss, theft or damage of the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused. If goods returned are not in a re-sellable condition, we may not accept your return.
Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to DOKVARY.
On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.
In the event the Customer makes a valid use of this right by the Customer, DOKVARY shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.
All the Products listed in Fabrics category are non-refundable. Please contact our Customer Service at contact@dokvary.com for our samples.
9. LIMITATION OF LIABILITY
In no event may DOKVARY be held liable for any damage which does not result from a failure by DOKVARY to honor one of its obligations.
10. PERDONAL DATA
When the Customer registers on the www.dokvary.com, DOKVARY collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer him/her/it accessible services in the reserved access areas of DOKVARY. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.
The order process on the www.dokvary.com Website requires the creation of a Customer account in which his/her/its information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for DOKVARY exclusively. It shall be processed in strict compliance with the provisions of Data Protection Act No. 78-17 of 6 January 1978 and the regulation (EU) 2016/679, general regulation on data protection.
In this respect DOKVARY notably undertakes to : (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorized to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of DOKVARY.
The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to DOKVARY by e-mail to the address contact@dokvary.com or by letter to the following address : DOKVARY – 180 boulevard Voltaire – 75011 Paris, FRANCE.
Subject to validation of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by DOKVARY for marketing purposes like the sending of newsletters or requests.
COOKIES
Cookies are used on the site, in order to improve your experience of the site. The cookie identifies your computer and allows the site to remember your personal settings. Cookies are also used for statistical purposes.
You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit. The web shop cannot be used if cookies are disallowed.
A user-ID will be assigned to logged in users, which allows for anonymized website tracking across multiple devices (table, desktop, mobile). No personally identifiable data is collected or connected to the user-ID and you can opt out by using the following tool, or by contacting contact@dokvary.com.
QUESTIONS AND CONTACT INFORMATION
If you would like to : access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information email us at contact@dokvary.com