TERMS OF SALE
These terms of sale constitute the distance sales contract and are concluded on the one hand by the company D'ALMA (hereinafter "the Seller") managed by Mrs. Kelly Da Silva, 30 cite Schleed, L-9738 Eselborn, Luxembourg, Tel: +352 and, on the other hand, by any natural or legal person (hereinafter “the Customer”) wishing to make a purchase via the website www.dalma.shop (hereinafter “the Website "). For the purposes of the terms of sale, the Customer and the Seller are collectively referred to hereinafter as “the Parties”.
1 - OBJECT
The purpose of these terms of sale is, on the one hand, to inform any customer of the conditions and terms under which the Seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties arising from any purchase made on the Site.
The terms of sale apply to all purchases made on www.dalma.shop. Consequently, any purchase on the Website implies the Customer's unreserved acceptance of these terms of sales which the Customer acknowledges having read before his order.
The Seller reserves the right to modify, at its sole discretion, these terms of sale in order to comply with any new regulations or in order to improve the use of its Website. To be informed of these possible modifications, the Seller advises the Customer and, in general, any user, to reread the terms of sale of the Website regularly. The applicable conditions are those in force on the Website on the date of the order by the Customer.
2 - BUYER DECLARATIONS
The Customer, prior to his order, declares that he is an adult natural person aged eighteen (18) or over or holds parental authorization allowing him to contract and place an order on the Website.
3 - PRODUCTS
The products offered are those listed on www.dalma.shop in the limit of the available stock.
An unavailable product is indicated as such on the Website. If, despite the Seller's vigilance, the products ordered prove to be temporarily or permanently unavailable, the Customer will be informed, as soon as possible by email. The Customer may either consent to the sending of a partial order or cancel his order. In the event of a partial order, the invoice is updated according to the products shipped. In the event of an order cancellation, the Seller undertakes to refund the Customer within a maximum period of fourteen (14) working days.
At any time and without notice, the Seller reserves the right to modify the assortment of products without these modifications having any impact on orders that the Seller would have accepted before the entry into force of these modifications.
The Seller endeavors to present and describe the products available for sale on the Website in the most precise and accurate manner possible in accordance with Article 9 of EU Regulation 1169/2011 relating to the online sale of food products.
The Customer is invited to consult the description of each product to find out its essential characteristics before concluding the purchase. In particular, it is recommended that the Customer pay particular attention to the list of ingredients to check for the presence of possible allergens.
The descriptions accompanying the products are reproductions of the information appearing on the packaging or come from the manufacturers, and cannot in any way engage the responsibility of the Seller.
The photographs of the products available on the Website are provided for illustrative purposes and have no contractual nature.
4 - PRICE
Prices are expressed in euros (€) and are inclusive of all taxes. Prices are subject to Luxembourg value added tax (VAT) applicable on the day of the order. Any change in the VAT rate will be automatically reflected in the price of the products sold on the Website. The Seller reserves the right to modify prices at any time, it being understood, however, that the price appearing on the Website on the day of the order will be the only one applicable to the Customer.
5 - PAYMENT
Payment for orders is made by credit card, online on a secure Stripe server which provides the Customer with several payment methods such as payment by Visa/Mastercard/American Express card, PayPal and Apple Pay.
The Seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of payment incident.
In the event of refusal by the bank, the order will be automatically canceled and the Customer informed by the Seller via the email address provided or by phone.
6 – ORDER TERMS
All purchases on www.dalma.shop can be made either by opening a customer account or as a guest.
Opening a customer account
Anyone wishing to place an order on www.dalma.shop can, before or after creating their basket, create a personal customer account by completing the registration form, where they will include, according to the information requested online and in the fields provided for this purpose, the mandatory information to take their registration into account, namely their title, surname, first name, postal address, email address, phone contact details, by choosing a password then validating their registration by clicking on the “Confirm” button.
To ensure that this information is correctly entered, an email is automatically sent to the Customer to notify them that their registration has been taken into account. If he does not receive it, the Customer is invited to check the address he has entered, to check his email box or his junk mail (spam).
The Customer who wishes to order on the Website expressly undertakes not to use false information or third party information.
During subsequent visits or orders on the Website, the Customer will be able to access their account by entering their email address and password as recorded during registration. In the event of a forgotten password, the Customer has a function to reset it on the Website.
By opening a customer account, the Customer will be able to consult their order history, their wish list and reorder products.
Selection of products and adding products to the basket
To add a product to their basket, the Customer must choose the desired product and quantity then click on the “Add to basket” button. Each new addition to the basket will be visible on the Website by displaying the number of products selected in the basket.
The Customer has the possibility to check the details of the selected product(s) which are in his basket, continue the selection by continuing his purchases from the Website, correct any errors or complete his order by clicking on the “Buy now” button.
Selection of delivery method and payment to finalize the order
To finalize their order, the Customer must enter their login credentials allowing them to access their customer account (see article 6). Once identified, the Customer will then be able to choose the delivery method and payment method. An order summary will include all the information relating to this order.
After reading the summary of his order, the Customer will be invited:
- either to click on the “Confirm payment” button in order to pay for your order;
- either to click on the “View my basket” button in order to modify the characteristics of their order and/or the information relating to their personal contact details;
- by clicking on “Confirm payment”, the Customer will be invited to choose their payment method;
In order to pay and finalize the order, the Customer is invited to click on the “Pay now” button.
Order processing and confirmation
Order processing and contact generally takes place via email and automated order processing.
The Customer will receive an order confirmation by email including the order number as well as all the elements of the sales contract entered into between the Parties. This information constitutes proof of the nature, content and date of the order and is authentic between the Parties, which the Customer expressly accepts.
The goods remain the full property of the Seller until receipt of the total amount due paid by the Customer.
7 – DELIVERY AND SHIPPING CONDITIONS
The products purchased on the Website are delivered to several European countries.
The shipping cost vary depending on the country of destination. The Customer is delivered to his home by the carrier or to a pickup point. The Customer has to possibility to choose his preferred shipping method before proceeding to the payment. Detailed information is available for consultation on the Website under "shipping policy".
Delivery will be made within the delivery area indicated by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. When processing the transaction, the delivery address indicated in the Seller's order processing is decisive.
Orders are delivered by national and international service providers. After the carrier has picked up the package, the Customer will automatically receive a tracking number by email or message.
Delivery times are given for information purposes only and under no circumstances can the Seller guarantee these times; if these exceed thirty days from the order, the Customer may use his right of withdrawal in order to be reimbursed.
The Seller is released from his delivery obligation for all fortuitous events or force majeure. For information purposes only, total or partial strikes, floods and fires are cases of force majeure.
Collection by the Customer is not possible for logistical reasons.
Delivery guarantees
If the Customer is absent, he will receive a notification by phone or message, allowing him to schedule a new visit, during an indicated period. In the absence of action on the part of the Customer, the package is returned to the Seller and a second delivery will be made at the Customer's expense.
If the package is returned to the Seller again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain with the Seller. This does not apply to delivery costs if the Customer actually exercises his right of withdrawal.
If the customer actually exercises his right of withdrawal, the regulations provided for in the Seller's withdrawal policy apply to the return costs.
Damaged orders
The risks associated with transport are the responsibility of the Customer from the moment the goods leave the Seller's warehouse. The Customer is required to check the condition of the packaging and its contents in the presence of the delivery person. In the event of non-compliant or damaged goods during transport, it is up to the Customer:
- to write handwritten reservations on the delivery note. The reservations made by the recipient upon delivery constitute means of proof of the existence and extent of the damage. The Customer must ensure that they are precise and complete in their writing (the simple statement “subject to unpacking” is considered too general and imprecise),
- to notify by registered letter with return of receipt a letter of protest to the carrier within seven (7) days of receipt of the package in accordance with the provisions of article L.133-3 of the Commercial Code,
- to inform the Seller by email within two (2) working days following receipt of the package, indicating the order number. In this regard, the Customer will take care to attach to his shipment a copy of the complaint addressed to the carrier. After this period, the Seller cannot be held responsible for any anomalies.
The data recorded for delivery and invoicing by the Seller constitutes proof of all transactions between the Seller and the Customer. In the event of a conflict between the Parties over a transaction carried out on the Website, the data recorded by the Seller are considered proof of the content of the transaction.
8 – RETURNS
In the event of damage during transport or a packaging error, and subject to the provisions of article 7, the Customer is authorized to return the goods to the Seller within fourteen (14) working days after receipt of the package.
Return costs to the Seller's address are the responsibility of the customer, except in the case where the reason for the return is attributable to him or to the carrier.
Before any return, the Customer is required to inform the Seller by sending an email at info@dalma.shop with the order number as well as the reason for the return so that the request can be recorded and a return label sent to the Customer.
The product must be returned in its original packaging. Any product returned incomplete, damaged, used, deteriorated or consumed, even partially, will not be refunded.
The Seller will carry out a check on the non-conformity of the product which, if confirmed, will automatically result in a refund for the benefit of the Customer. The refund will be made using the same means of payment as that used in the initial transaction, unless expressly agreed otherwise, within a maximum period of fourteen (14) business days after the confirmed and verified return of the goods.
9 - RIGHT OF WITHDRAWAL
The Customer generally has a right of withdrawal.
Further information on the right of withdrawal can be found in the withdrawal policy available on the Website.
10 - USE OF PROMOTIONAL VOUCHERS
Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the customer can only be exchanged in the Seller's online store and only under the specified conditions.
Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
Promotional vouchers can only be redeemed before the order process is completed. A later shift is not possible.
Only one promotional voucher can be redeemed per order.
The value of the merchandise must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
The balance of a promotional voucher will neither be paid in cash nor paid interest.
The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher as part of their legal right of withdrawal.
11 - EXCHANGING GIFT CARDS
Vouchers that can be purchased via the Seller's online store (hereinafter "gift cards") can only be redeemed in the Seller's online store, unless otherwise stated on the voucher.
Gift cards and remaining balances on gift certificates may be redeemed until the end of the third year following the year the gift certificate was purchased. The remaining credit will be credited to the Customer before the expiration date.
Gift cards can only be redeemed before the order process is completed. A later shift is not possible.
Multiple gift cards can be used for a single order.
Gift cards can only be used to purchase merchandise and cannot be used to purchase other gift vouchers.
If the value of the gift card is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
The balance of a gift card is neither paid in cash nor remunerated.
12 - GUARANTEES AND LIABILITY
The Seller, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.
The Seller undertakes to provide all the care customary in the profession. However, it cannot be held liable in the event of failure to fulfill its contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law handed down by the Luxembourg courts.
The Website is accessible by any Internet user 24 hours a day, 7 days a week, except for interruptions, scheduled or not, for maintenance purposes or in the event of force majeure. Being subject to an obligation of means regarding the availability of its Website, the Seller cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Website. In the event of a problem, the Seller undertakes to do everything possible to restore access to the Website as quickly as possible. Interruption of this access cannot give rise to compensation.
The Seller is not responsible for any loss or damage caused by a cyber attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other proprietary material due to your use of the Website or your downloading of any material displayed on the Site or on any web page linked to the Website.
The Seller implements all means to ensure the services of these terms of sale. Under no circumstances does the Seller incur any liability for loss of profits, commercial losses, loss of data or any other indirect damage or damage which was not foreseeable at the time of use of the Website or the conclusion of the sales contract between the Parties.
13 - RESOLUTORY CLAUSE BY OPERATION OF LAW
Any order placed in violation of these terms of sale may result in the deactivation of the Customer's account depending on the degree of seriousness of the actions in question, without it being possible to claim any damages or compensation from the Seller.
In particular, the Seller reserves the right to refuse an order if the Customer already has a dispute with the Seller or if the Seller considers that the Customer is placing an order with the aim of making commercial and lucrative use of the products available on the Website. The Seller then reserves the right to ask the Customer for additional information if considered necessary. If the Customer does not respond within five (5) days following the order, it will be canceled.
14 – FORCE MAJEURE
The Seller cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these terms of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Luxembourg Civil Code.
15 - APPLICABLE LAW AND JURISDICTION
Any dispute relating to the interpretation and execution of these terms of sale is subject to Luxembourg law.
Failing an amicable resolution, the dispute will be brought before the Luxembourg City Court.
16 - ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
17 - COMPLAINTS AND INFORMATION
For any questions, complaints or need for information relating to these terms of sale put in place by the Seller, you should send an email at info@dalma.shop or use the contact form available on the Website.
By becoming a user of the Website, the Customer acknowledges that exchanges between him and the Seller will take place mainly by electronic means except in the specific cases mentioned in these terms of sale or required by law. The Customer contractually acknowledges that the information, notifications and contracts are in full compliance with the regulations in force.