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Conditions of Use

Conditions of Use

The Dessus-Dessous website has been set up by Dessus-Dessous company, which is the website operator. Every purchase of an item displayed on the website Dessus-Dessous.fr implies to have read the following terms of use.
Therefore, the client recognizes to be fully informed that his agreement with these terms of use does not requires a manuscript signature whenever he wishes to order online a product offered on the website. The client has the right to save or print the actual terms of use, and the saving as well as the printing of this document is under his sole responsibility. Previously to his order, the client declares that his purchase has no link whatsoever with his profession, the purchase being made solely for his private use. The client has specific rights that would be denied if the products or services purchased would be used professionally. The Dessus-Dessous website offers the following information

1 Legal notice to identify the company Dessus-Dessous
2 Description of the items offered
3 Price in euros of the items as well as shipping fee if applicable
4 Way of payment, shipping and processing
5 Withdrawal rights
6 Length of validity of price or offer
7 Conditions of cancellation of the contact if its length is over one year
8 The information is originally in French, has been translated for your easier understanding, The French version is the only relevant one.

Article 1 : Entirety
The terms of use list the wholeness of the parties obligations Therefore, the client declares to accept the whole disposition of the terms of use. No specific condition sent by the client would be added to the terms of use if they were opposed to the terms of use as defined here.

Article 2 : Object
The terms of use defines the rights and obligations of the parties in the online purchases from dessus-dessous website.

Article 3 : Contract Documents
The contract is made by the following documents, in order of importance: The terms of use, the order form. In case of opposition between the different dispositions of different ranking, the dispositions of the upper rank prevail..


Article 4 : Beginning and duration
The actual terms of use are valid as soon as the order form is done. The actual terms of use are set up for the length of time needed to provide the items or services. These conditions may be modified at any time, but the ones applicable are the ones valid at the time of the order.

Article 5 : Confirmation of order
To order on the website, the client must follow the procedure shown online. The information will be confirmed by email, at the latest when delivered, or at the physical address as given by the client on the order form.

Article 6 : Proof of transaction
The electronic documents are safely kept by Dessus-Dessous company, are considered as proofs of orders and payments between the parties. The computerized documents being kept safely will be able to be used as proofs.


Article 7 : Information on the goods
7-a Dessus-Dessous company displays on its website the items to be sold, with all the necessary descriptions to follow Article LIII-! Of Code de la Consommation, stating that the client must know the specifics beforehand his purchase.
7-b The offers are valid only until last in inventory. 

7-c : Promotional Codes & gift operations: 
The promotional offers don't apply over the shipping fee except if it is purposedly on sipping fees. These offers are valid only from the time it appears on the website, or reception of the Newsletter, until the valid date shown, and so are not valid for orders placed before this time. They are not added with other promotions or codes or offers ( except if so specified) The offers or promotions cannot be transformed into money. In case of a return, the codes cannot be used for a new purchase. In case of a return, the refunds will be only on the paid amount, and not the part paid by promotion codes.

The gift operations
You have received an offered gift within our purchase conditions, and you wish to make a return
In order to benefit from a refund of your order, we thank you to please return the gift corresponding to the purchase that you no longer wish to keep, except in case of a new order corresponding to the initial offer conditions.

Article 8 : Price
8-a The prices are in Euros, and are valid at the time of the order form established by the client. They do not include the shipping fees, that are shown before the confirmation of the order form. The prices include the TVA as valid at the time of the order. Any raise of this tax will be applicable immediately. At no time the amount paid will be considered as a down payment.

8-b : Taxes and duties
Any order to be shipped outside of France can be submit to taxes and duties from the customs of the country of destination. They are to be paid by the receiver under his reponsability. Dessus-Dessous will not inform its customer of the event of taxes and duties. The client must ask to the authorities of his country. In case he declines to pay the taxes and duties, the amount that may be requested to Dessus-Dessous to have the package back will be deducted to the refund to the client. Only the shipping address will give the french TVA to be deducted from the price or not, as well as taxes and duties.

Article 9 : Payment
To pay his purchase, the client can use all the ways of payment offered in the order form. The client must assure Dessus-Dessous company that he has the right to use the way of payment he has chosen. Dessus-Dessous company can cancel the processing of the order if the credit card is declined, or any other way of payment refused by the official organism. Dessus-Dessous company has the right to refuse to ship or accept an order from a client who has not fully paid a former order. Dessus-Dessous has set up a way of verification in some case by faxing an ID. The order will be valid only after verification.

Article 10 : Availability of the products
The order will be processed at the latest within 10 days from the day after the purchase. If the product is not in stock at that time, the client will be informed and can then cancel his order. He can request a refund or an exchange. However, it ever the consumer does not answer to our emails informing them of the unavailabilities, Dessus Dessous reserves the right to cancel the order and issue a refund to the consumer.

Article 11 : Shipping
The items purchased will ship to the shipping address as given on the order form. The client will take care of giving the shipping address with a maximum of details. When delivered, he must check the state of the package, and signal the eventual damages to the carrier on the delivery note, as well as to Dessus-Dessous within one week. The client may request to have an invoice sent to the billing address and not to the shipping address. For the shipping in France, Dessus-Dessous uses Colissimo. You will receive a tracking number when shipped. Four different Colissimo ways of shipping are offered.on the website:
-So Colissimo Point Relais ( in France only)
-Colissimo simple. The package is left in mail box, no signature.
− If you wish an insurance, choose Colissimo recommande.
− Chronopost
Using Colissimo, the delivery is made within 2 to 3 business days to the address as entered on the order form. If the mail box too small or nobody at home, a notice is left in the mail box to retrieve the package at the closest Post Office, where it stays 15 days before being returned to the sender

In case of delivery problems
Colissimo is a trusty carrier. However, it may happen as in any shipping, that it may be some lateness in delivery or a package being lost. In casre of lateness in regard to the planned date of arrival, we request that you inform us within 10 days after the original date of arrival, by phone (04 67 71 58 60), or by email info@dessus-dessous.fr
We will then contact the Poste and file a claim. The inquire may last up to 21 days in France and 90 for foreign countries dating from the beginning of the claim. If during this process the package is found, il will be redirected to your address(happens most of the time). If not found after 21 days, in France or 90 in a foreign country, the Poste consider it lost. It is only then that we can sent a replacement, with no extra shipping fee, if you have chosen a registered Colissimo. In case what you have ordered has been discontinued then, we would refund the amount of what has been lost by the carrier.

Other carriers
Chronopost ( signature requested) signed by receiver) and Fedex ( signature requested). In case of absence a note is left in the mail box to contact the carrier. Information and price list are available at Livraison sur-mesure.
Dessus-dessous has

Dessus-Dessous has no responsibility if the shipping takes longer than planned, or in case of theft, lost, or strike. No claim can be made towards Dessus-Dessous if the package has been delivered by the carrier scanning. It is due to the client to give every information related to the address of delivery. If the address is incomplete or wrong, and the package comes back to Dessus-Dessous warehouse, the fees are at the charge of the client.

Article 12 : Delivery problems due to the carrier
Any problem related to the delivery ( damage, missing item, broken items) must be noted on the delivery receipt with the mention “ Manuscript concern” and signed by the client. The client has 3 days to confirm this problem to the carrier by a registered mail detailing the problem. The client must copy the mail by fax or snake mail to
Dessus-Dessous
Service Client
135 chemin du Cantadù
34400 Lunel
France
04 67 71 58 60

Article 13: Guarantee and Dessus- Dessous responsibility
According to art 3 of 12/18/2014 law, the client
-has two years from the delivery to act.
He can chose to have it fixed, or a replacement under the art L211-9 of the consumerism act.
He has two years to give the proof of defect (new act of 03/8/2016
The legal guarantee is applicable on top of the commercial that may have existed.
The client may decide to request the guarantee against hidden defects. In that case, he can chose between the cancellation of the sale, or a discount .
To obtain his rights, the client must inform Dessus-Dessous by mail of the discrepancy of the items purchased within 15 days from the delivery, or 5 days after the discovery of the discrepancy.
Dessus-Dessous will refund, replace or fix the damaged items . The shipping fees will be refunded according to the billing, and the return fees refunded according to the invoice of the carrier.
The refund of the damaged or discrepant will be made within 30 days after the vrerification by Dessus-Dessous.
The refund will be made by wire transfer or check.
However, Dessus-Dessous responsibility is not valid in case of:
Wrongly use, professional use, or wrong maintenance by the client as well as normal use, accident or major outside act.
Dessus-Dessous guarantee is in any case limited to the replacement or refund of the damaged goods. The minors cannot act, so the orders to be shipped to minors must be placed under the parents authority. In case of information accidentally received from minors, parents can oppose to their keeping.
.However, the client must be aware that Dessus-Dessous is not the maker of the items sold on its website. Even if Dessus-Dessous is legally responsible. Meaning that Dessus-Dessous cannot be sued, only the of the maker is responsible, and can be sued. The client can check on the packaging to find all the information.

Article 14: How to return
We pledge to give you entire satisfaction for our products and services. You have 30 days ( from the delivery date) to request the refund to our customer service:
Dessus-Dessous
service clients
135 Chemin de Cantadu
34400 Lunel
France
This is related only for new, never worn or used items. Your order number, the reason of your return as well as your wish ( refund or credit) may be explained.
To help you, Dessus-Dessous offers you a return label. Go to My account/my returns, and add your delivery note in your package, and glue the label. The service is free in France only.
You will then bring your package to the post office, or relais place.
Should you choose a credit, Dessus-Dessous will pay for the return fee. Your credit will appear on your Dessus-Dessous account within 2 days when return is received. If is valid 1 year, and you can use it at your best convenience.
Should you choose a refund, we can give you a paid return label to place on your package. 5 Euros will be deducted from the refund except if the return is due to a mistake of ours. As soon as received, you will be informed by email of your refund ( credit card refund, check or wire), or using your way of payment when ordered.

Should you choose not to use the return label offered by Dessus-Dessous, you can ship by your own ways. The returned articles will be refunded in full ( credit card refund, check, wire) within 2 days of delivery.
The return fee is at your charge if you have chosen a delivery in a foreign country.
The risks related to the return ( lost or damaged) are under the client responsibility.
This is valid only for new items, that have never been worn or used. You can give your order number, the reason of the return and your wish (refund or credit)
We cannot take back: the packages without proper identification ( order #, full name, address).
Hoses, accessories, and perfumes are not taken back neither exchanged. In case of exchange, go to “My returns” and follow the procedure, add the delivery note to the package. We wish that you place another order when the return is done and you have been refunded. If your replacement order amounts to more than 100 euros, you will have a free shipping if you choose So Colissimo in a Relais place ( in France only)

Article 15 Right to withdraw
According to the law, the client benefits of a 30 days delay from delivery of the products to use his right to withdraw at Dessus-Dessous, without any reason or fee, to obtain an exchange or a refund, condition being the products to be shipped back in their original packaging and perfect state. Within 30 business days after having notified Dessus-Dessous of his decision to use the right to withdraw.
The client must inform Dessus-Dessous of his decision to withdraw by sending the form of withdrawal to download on the website, or a letter stating clearly of his intention. The documents can be sent from Dessus-dessous website and the company must confirm reception. The burden of proof is on the client.
In case of right of withdraw, Dessus-Dessous will refund the customer within 15 days. However, since the products may request technical tests, this delay may be extended to 30 days.

Article 16 Rights of use
The content of Dessus-Dessous is the property of Dessus-Dessous and partners and is protected by french and international laws related to intellectual rights.
Any reproduction, total or partial is totally forbidden and may be considered as a counterfeit crime.
Dessus-Dessous company is the proprietary of all the rights of intellectual properties over pictures, sketches, studies, models, prototypes etc, done. (Even at the client request) in order to provide products to the client. The client is forbidden to reproduce or exploit these pictures, sketches, studies, models, prototypes etc without the written authorization from Dessus-Dessous which can request some monetary counterpart.

Article 17 Major Force
Neither party would failed its obligation in case of the realization would be delayed, hindered or prevented by a major reason. Meaning irresistible unavoidable events, non under the parties wills, and unavoidable by any means. The party under these conditions must inform the other within 10 business days frm the date he had known it. Both parties will act within one month to decide in which conditions the contract must be realized. If the Major force act lasts more than 3 months, the terms of use can be terminated by the aggrieved party. According to the french courts of law, Major forces are: strikes, earthquakes, fire, tempests, flooding, lightning, impossibility to communicate by any ways of communications.

Article 18 Non partial validation
If one or several stipulations of these terms of use are determined to be non valid by a court of law, the other poins will keep their validity

Article 19 : Non renunciation
The fact for one of the party not to prevail of a misstep to any obligation in these terms of use, will not be considered in the future as a renunciation to the obligation.

Article 20 : Title
In case of a difficulty to interpret one of the titles or a term , the titles will be declared non existents.

Article 21: Law and disputes
The actual rules are submitted to the French law, for the fund as well as for the form. In case of dispute, the client will first contact Dessus-Dessous to obtain an amicable solution, in case of appeal, he will post a claim into its dialog box.
All the disputes between Dessus-Dessous and client that may happen will be submitted to the court of law.
The client is informed that he can request an ombudsman at Commission de la médiation de la consommation . He can find the list on the Dessus-Dessous website, or find a conciliatory way in case of disputes.

Article 22 Data and Liberty
The information requested from the client are required to process his order and can be forwarded to the Dessus-Dessous partners intervening into the order processing. The client can write to Dessus-Dessous to oppose this communication or to request some cancellation or modification to his information about him, and classified in Dessus-Dessous files.

Article 23 Cookies
What are cookies?
They are little encrypted files in your computer browser or mobile used when you visit websites. Their goal is to help to navigate our website by recognizing you, and to connect you easily by recognizing your favorites , selected when previously visiting our website, or keeping the items you have placed in your shopping cart. Cookies are also used to know the visiting/ frequency presents on our website to be sure it works well and fast. Cookies do not damage your computer and cannot be used to identify you personally.
To make your visit on our website dessus-dessous.fr easier, we use cookies for your purchases, and giving you access to personalized functions. None of our cookies can collect or record any information such as your name, address or bank information.
We are using four types of cookies
The strictly necessary ones to navigation on our website, as well as basic function such as keeping your selection in your shopping cart until you confirm your payment.
Performance cookies
We use cookies to collect anonymous information about how users visit our website. It helps us to make our website easier to use, and fix the problems visitors may find. These cookies help us determine the campaigns , offers etc successes.
Functional cookies
We use cookies to keep the choices you have made on the website such as the shipping country, your favorites, your choice of pop-ups or the products you have visited recently. These cookies personalize your navigation on dessus-dessous.fr adapting it to the previous choices you made.
Advertisement cookies
We may install these kind of cookies. They are given to us by outsiders and collect information avbout your navigation uses, to personalize the advertisements related to your previous purchases and tastes. These cookies are anonymous. They keep your information according to your searches when you visit our website, but cannot identify you. We can know if you have made a purchase on dessus-dessous..fr after clicking on the link, or a partner ad to be able to pay the related fee to the related company.
Deactivation of the cookies

Most browsers automatically accept cookies, except if you have modified their settings. When you visit dessus-dessous.fr, you accept that your cookies are installed, according to our cookies policy. In the case you do not wish we install cookies into your computer, you can deactivate their installation into your browser. Some cookies we install into your computer are mandatory to the good function of our website, therefore, you must understand that your refusal of cookies will impair your visit on our website.

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http://www.allaboutcookies.org 

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