General conditions of sale
& LEGAL NOTICE
It should be noted that the confidentiality of Internet connections is not guaranteed and it is the responsibility of every Internet user to take appropriate precautions to protect their data and/or operating system from being infected by viruses circulating on the Internet.
I. Website editor
Dada Sport SAS
139 avenue de Wagram
Zip: 75017, Paris
registered with the RCS [Trade and Companies Register] no. 752 263 111.
The publication manager is Ms. Caroline within her role as CEO.
contact : [email protected]
II. Web Host
RCS Roubaix – Tourcoing 424 761 419 00045
Code APE 6202A
N° TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann - 59100 Roubaix - France.
III. Personal information
In accordance with the provisions of law no.78-17 of January 6th, 1978 relating to computer software, files and civil liberties, the site is the object of a declaration by the National Commission for Data Protection (CNIL) registered under no. 1536015 Your personal account information is only used in the context of your dealings with www.dadasport.com. This information is never shared with third parties or resold. Finally, we do not keep records of your banking information. All transactions are processed by Stripe and Paypal.
GENERAL TERMS OF ONLINE SALES OF NON-PERSONALISED PRODUCTS AND WEBSITE USE
ARTICLE 1. Scope
Dadasport.com (hereafter named "the site") is edited by Société Dada Sport, SAS (LLC) with a capital of 116 397 Euros, with headquarters located in Paris (75017)- 139, avenue de Wagram, registered with the RCS Paris under no. 752 263 111, intra-community VAT no. 52752263111 (hereafter referred to as "Dada Sport" or "the Company"). Dada Sport reserves the right to adapt or change at any time the following statement of general conditions of sale as they apply to all transactions made online on the site www.dadasport.com at the time the order is placed. Consequently, the act of placing an order implies full agreement, without exception, with these conditions. These general conditions apply to the purchase of non-personalized products, without intent to resell by non-professional buyers, made in France on the Dada Sport website. Personalized products extend to the products appearing in the "made to measure" category and made according to the specifications of the client placing the order and are not included in these terms of sale/general conditions of sale.
ARTICLE 2. Order and buy on our website
2.1 Eligibility to purchase
To place an order on our website, you must have a legal capacity and should not buy of product in the intention to resell it
2.2 How to order?
1. Visit our e-shop and find products that you want to wear.
2. Add these products to your cart with a simple click on "Add to cart" button.
3. Once your selection is done, place the cursor over the cart and check its content. Confirm by clicking on "order" button.
4. If you already have an account in our E-shop, identify yourself by using your e-mail and password in the heading “Already recorded"?
5. If you do not have yet an account in our E-shop, you can create one easily and quickly. Register your address e-mail in the heading “create your account” and click on the button “create your account”. Fill the detailed fields, create your password and confirm the creation of your account by clicking on the button “register”. An E-mail will then be sent to you automatically, reminding you your informations for your next connection (e-mail and password)
6. Check your order.
7. Check well your addresses of delivery and invoice. As soon as your order is confirmed, you don't have the possibility to modificative your delivery address anymore
8. Choose a delivery mode. For more informations refer yourself to article 5 and following.
9. Choose your method of payment and carry out the payment. For more information to refer in articles 3 and following.
Your command becomes final, such as it appears on the screen, as you validate it at the end of the procedure of command.
Once the payment carried out, a confirmation of your command and your payment, will be sent to you by e-mail. Dada Sport advises you to preserve them, it could be useful later on.
Pay attention, your command becomes final and engages you as you carry out its payment.
2.3 Refusal of an order or cancellation of a purchase.
Dada Sport reserves itself the right to refuse a command on right reason.
Dada Sport also reserves the right to cancel a purchase (accepted command) on right reason.
The refusal of ordering and cancellation of purchase justified do not give places to any compensation, but to the refunding of the price of the products if this one at paid summer.
The right reasons are in particular: product non available in stock (you will be able to expect restocking or to obtain refunding); incorrect banking informations or not verifiable; order identified like unusual or likely of fraud ; payment not received by credit transfer in the 8 calendar days according to the acceptance of your command ; we have reasons to believe that your purchase is intended for the resale; the selling price indicated on Internet site contained an error; the address you provided does not enter the geographical perimeter of delivery.
2.4 Data control
Dada Sport reserves itself the right to control the personal data and banking which you provide during the creation of your account or any command.
ARTICLE 3. Price/Payment
3.1 Modes of payment
Payment with credit card :
For this type of transaction Dada Sport works in partnership with Stripe et Paypal.
Dada Sport does not accept any other method of payment. If you to try to pay by another mode of payment than those to accept by Dada Sport, Dada Sport will not be responsible at all for the loss of your payment, or the non-delivery of the ordered products or any other damage resulting from this act.
3.2 Reserve property
Dada Sport preserves the property of its products until complete payment of the price of its products.
3.3 Price and currencies
The prices are indicated Tax on Added-value (VAT) included for the European website. The prices are indicated Tax on Added-Value not included for the North American website.
The carriage costs are not included in the prices indicated on the products. The carriage costs depend on the selected mode of delivery and the place of delivery. The carriage costs must be added to the prices of the products for the calculation of the entire amount to pay.
Any custom taxes that may be incurred depending on the country of delivery are the responsibility of the customer and are not included in the sale price or delivery.
In case of delivery outside France, administrative fees and/or customs taxes may be applied by the carrier and the responsibility of the customer.
3.5 Decomposition of the total price
The total price to be paid means sum of the price of each product present in the basket and of the carriage costs. It is indicated at the time of the last stage of the procedure of payment.
3.6 Changes of price
Dada Sport reserves itself the right to modify the price of products indicated on its website. Prices that appear at the time of the validation of the command are the applicable prices for this purchase.
3.7 Prices error
In the event an error on the price of a product, Dada Sport is not bound by this offer and will give you the possibility to cancel your order or confirm it at the real price of the product which will be communicated to you by Dada Sport.
ARTICLE 4. Security of transactions
Dada Sport uses a protocol SSL (Secure Socket Layer) for the security of the transactions. It is currently one of the most effective encoding protocols. Your banking information are encrypted throughout the process of payment and they are not recorded on a public server.
Despite all our efforts of security for payments, a weak risk of fraud always remain. Dada Sport could not be held responsible for the damage resulting from the use of electronic means of communication and payment.
ARTICLE 5. Forwarding and delivery
We deliver the products Worldwide.
We deliver Monday to Friday. The place orders the saturdays, sundays and bank holidays are processed the next business day.
If the delivery address that you indicated to us is inaccurate or in the event of impossibility to deliver the parcel for reasons being ascribable to you, reforwarding charges will be at your charge.
5.2 Mode and delivery times
Dada Sport propose two types of deliveries. Deadlines run at the reception by Dada Sport of the complete payment of the price:
Order processing time is 48 hours (business days). Delay can be extends during peak periods (sales, promotion, holidays).
Standard delivery : 48 to 72h business days, as soon as the package is shipped.
It is carried out by Colissimo without signature without rate at the date of the command. See the Colissimo tariffs.
Express delivery : 24h business days, as soon as order is processed and package is shipped by Fed Ex or DHL with rate at the date of the command. See the tariffs Fed Ex or DHL. Depending on the destination.
In the event of going beyond the deadline of delivery of more than 7 days and non due to a force majeure, you can cancel your order by registered letter with return receipt. You will then be refunded within 30 maximum day.
For any order or airbag and/or canisters, considered as dangerous materials, additional charges may apply.
5.3 Split delivery
Dada Sport tries as much as possible to deliver all the products of your command in only one delivery and as fast as possible. However, Dada Sport reserves itself the right to deliver the products of your command in a way spread out whenever for reasons of logistics or availability of the products in stocks, a delivery in only once would be impossible. In such a case you will be informed by e-mail and no additional carriage costs will be charge to you.
ARTICLE 6. Carriage costs
6.1 Carriage costs
The amount of the carriage costs depends on the selected type of delivery.
At the time of a command this amount is indicated to you when you choose the mode of delivery.
ARTICLE 7. Returns and cancellations
7.1 To turn over defective products after delivery
You have the right to return delivered products if they are defective or not in conformity with your order within 1na after receipt of the products
Upon receipt of the returned products and after inspection, we will proceed to an exchange or refund within 30 days.
You must first contact Dada Sport customer service through your customer account on dadasport.com or by email at [email protected] and provide the date of your purchase (proof of purchase) and product picture to validate the return. The customer service department will be in charge of approving the takeover by the Dada after-sales service. The returned product must be clean in order to be processed.
It is committed respecting its legal requirements which appear in the articles extracted the Code of Consumption and the Civil code hereafter:
Code of Consumption - article L211-4
"The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.
Code of Consumption - article L211-5
To comply with the contract, the product must:
1) Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model;have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling
2) Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted.
Code of Consumption - article L211-12 Legal action based on non-compliance is time-barred two years after the delivery of the product.
Code Civil - article 1641
The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s).
Code Civil- article 1648
The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect.
7.2 To turn over products after delivery without reasons - Right of retraction
If you are not satisfied with the ordered products, you can exert your right of retraction and return them to us, with your expenses, within a period of 14 postmark days being taken.
The exercise of the right of retraction materializes by the return of the products and is dated from the day of sending of the turned over products postmark being taken.
As of reception of the products we will carry out the refunding of the price of the products and for return expenses within maximum 30 days or we will propose you a credit note or exchange that you are free to refuse.
However the return will be refused and will not give place to refunding, in the following cases:
1- the products were washed, used or carried except simple fitting
2- the products are not turned over in their packing of origin in good state because destroyed it to you, threw or deteriorated.
3- the product is not complete. If your command comprises different products which are not dependent between them (non exhaustive examples of products dependent between them: pair of socks …) you can turn over only part of your command. Only the turned over products will be the subject of a refunding.
4- The products were modified or denatured
ARTICLE 8. Relative informations with refunding
Expenses for return from defective products or not in conformity with your command will be completely refunded to you (carriage costs and expenses of return).
Expenses for return in the event of exercise of your right of retraction for reasons other than the defect or nonconformity are at Dada Sport charge exclusively for France within 14 days (not apply to sales or promotion) and they are limited to one return (other returns will be at customer's charge)
ARTICLE 9. Pre-ordered
The pre-command makes it possible to reserve a product before its marketing by Dada Sport and to be among the first to benefit from a new Dada Sport product.
All products offered as part of the preorder offer will be shipped alongside the preordered item. For any order returned, the offered product must be returned as well in its original shape. If not returned, the public price VAT incl. will be withdrawn from the original price to be refunded.
The product offered will be of the same size as the initial order. Any request for exchange will be subject to stock availabilities, return & shipping fees will be at the expense of the client.
ARTICLE 10. Promotional codes (discounts and allowances)
10.1 A promotional code gives a specific right for the purchase of one or more products under the conditions envisaged on the promotional code. The period of validity of a promotional code is no more than 1 year.
10.2 The promotional codes are personal. The promotional codes are inalienable and can be neither sold, neither exchanged, neither exchanged, nor put with provision of the public in a free or paying way on a website or any other support of communication without prior approval, express and written from Dada Sport.
10.3 The promotional codes published by Dada Sport can be used only on www.dadasport.com
10.4 You can use one promotional code by product.
10.5 The promotional codes are not sumable with other promotions.
10.6 The promotional codes are not exchangeable against money.
10.7 The promotional codes are not refundable
10.8 Dada Sport reserves itself the right to cancel a promotional code when this one is not used in accordance with what precedes.
ARTICLE 11. Availability
If despite our care about the stock management, a command was validated whereas ordered products are not available in stock, Dada Sport reserves itself the right to offer you other products or to cancel the order.
If the order is cancelled you will have the choice of a refund or a credit note.
ARTICLE 12. Offers validity
Our offers are valid during the visible period on the website, or between date indicated if it concerns marketing operations with fixed period.
In case of an error in the offer, Dada Sport is not bound by its offer and will give you the possibility to cancel your order or to confirm it with the real conditions of the offer.
ARTICLE 13. Responsibility
Dada Sport is responsible only in the event of violation of its obligations contractual according to the terms of the legislation.
Dada Sport could not be committed for any damage undergone by a third resulting from the use of one of our products.
Dada Sport could not be committed for any damage resulting from the misuse which you make of our products.
Dada Sport is not responsible for damages resulting from erroneous information on its websites.
ARTICLE 14. Content generated by users
14.1 Any content added on www.dadasport.com by the users of the website (opinion, idea, comments, votes, articles, photographs, film, drawing, creations in particular) and made public on the website becomes the property of Dada Sport.
Dada Sport reserves itself the right to use it, to publish or not in any manners that it is.
ARTICLE 15. Current Law
The present general terms, as all the litigations which could result from it, or which result from the use of the website or the purchases carried out on Dada Sport website, are governed by the French law.
ARTICLE 16. Link to other websites
Dada Sport is not responsible for the use or the contents of websites of which it gives the links.
Dada Sport is not responsible for the use or the contents of websites which provide a link towards the Cuisse de Dada Sport website.
ARTICLE 17. Intellectual property law
Dada Sport is the owner of the names of mark, names, denominations, titles of products, drawings, models, photographs mentioned on the website www.dadasport.com who are either of registered trademarks or trade marks, or drawings, models, works subjected to an intellectual property right.
ARTICLE 18. Data processing and Freedom
In accordance with the provisions of the law of the 78-17 of the 06 January1978 modified in 2004, this website was subject to a preliminary declaration toward the National commission IT and Freedom (CNIL) under the number 1665801.
You have an access right, correction, modification and suppression of data concerning you. You can use this right by consulting our contact page. Datas collected on the website are reserved for the exclusive use of Dada Sport and are not revealed to thirds persons.