Terms and conditions of sales

PREAMBLE

The "General Terms and Conditions of Sale" set out below apply exclusively between JL26 - DEELUXE, a limited liability company with capital of €201,000 whose registered office is at BUREAUPOLE - BAT B - 2 avenue Elsa Triolet - 13008 Marseille, registered in the Marseille Trade and Companies Register under number 477 884 969 000 15, and any person browsing or making a purchase via the www.deeluxe.fr website.

In order to better meet the expectations of its customers, the Company has set up, in parallel with its distribution network in multi-brand boutiques, a distance selling system via the Internet for a selection of items.

JL26 - DEELUXE recommends that Internet users read carefully and take into account all the clauses of the general conditions of sale below, as placing an order implies the buyer's full and unreserved acceptance of these conditions.

The present conditions apply to the sale of products by SARL JL26 - DEELUXE in its online shop at www.deeluxe.fr.

By becoming a member of the www.deeluxe.fr community, all Internet users must agree to accept these general terms and conditions of sale by clicking on the "I accept the general terms and conditions of sale" box.

In the absence of proof to the contrary, the data recorded by SARL JL26 - DEELUXE constitutes proof of all transactions between SARL JL26 - DEELUXE and its customers. The fact that the seller does not take advantage, at a given moment, of any of the provisions of the present conditions, cannot be interpreted as a renunciation to take advantage of any of the clauses at a later date.La société JL26 - DEELUXE est joignable :

By post: SARL JL26 - DEELUXE, BUREAUPOLE - BAT B - 2 avenue Elsa Triolet - 13008 Marseille

By e-mail:
shop@deeluxe.fr (for private individuals only)
contact@deeluxe.fr (for professional requests)


By telephone :

- 04 91 77 72 49 (hotline dedicated to private customers only, Monday to Friday, 10 am to 12.30 pm and 2pm to 5pm)

- 04 91 77 01 46 (for business enquiries)

The purpose of these general terms and conditions of sale is to define the reciprocal rights and obligations of the parties, as well as the various stages of the online ordering process. 

ARTICLE 1. SCOPE OF APPLICATION

These General Terms and Conditions of Sale govern all contractual relationships between DEELUXE and the Customer. They define the mutual rights and obligations of the Parties, as well as the various stages of the ordering process on the website. DEELUXE reserves the right to modify these GTC at any time without notice.

The applicable GTC are those in force at the time of the order. Any order implies unconditional acceptance of these GTC.

In accordance with Article 1369-1 of the Civil Code, the Customer may keep a copy of the GTC, which they can download or print at any time.

ARTICLE 2. PRODUCT FEATURES

The information regarding the products offered for sale on the website (name, photographs, detailed descriptions: properties, characteristics, composition, etc.) is presented with the greatest accuracy possible, in accordance with current legal and regulatory requirements. This information specifies, for each product, the features included in the price. However, variations in color, size, or other elements may exist depending on display settings or photography conditions. If a product becomes unavailable after an order, the customer will be informed as soon as possible.

ARTICLE 3. PRODUCT PRICES

The prices of the products displayed on the website are in Euros, including all taxes (TTC), excluding shipping fees.

The amount of shipping fees will be specified before the order is confirmed, depending on the delivery area and the weight of the products.

The prices of the products billed are those in effect at the time of the order. DEELUXE reserves the right to change product prices at any time, with the understanding that the applicable prices are those in effect at the time of the customer’s order.

ARTICLE 4. OFFERS ANS PROMOTIONAL CODES

Promotional codes or special offers generated by DEELUXE do not apply to shipping fees, unless specifically stated.

These offers cannot be combined with other codes or promotions, unless otherwise stated, and cannot be exchanged for their monetary value.

In the case of a return of one or more products in an order benefiting from a promotion, the entire promotion will be canceled. Promotional codes or special offers cannot be reused for a new order, even for the products kept.

In the case of a promotion linked to the purchase of multiple products, the return of a product will cancel the application of the promotion. Refunds related to the return of products will only include the amounts actually paid, excluding amounts paid with promotional codes or special offers.

ARTICLE 5. CONDITIONS PRECEDING THE ORDER

Product Orders are made in French and are only accepted by DEELUXE within the limits of available stock. If, despite DEELUXE's vigilance, one or more products are no longer available, DEELUXE will inform the Customer within 7 days by phone or email. Since the Customer's bank account is charged at the time of the order, the transaction will be canceled, and a refund will be made within 14 days.

DEELUXE reserves the right to refuse any Product Order: (I) made by a Customer with whom there is a dispute regarding the payment of a previous order; (II) not in accordance with these GTC; and (III) made fraudulently, particularly in the case of stolen credit cards.

If DEELUXE detects any non-compliance with the order (e.g., incorrect address or invalid payment information), the Customer will be notified as soon as possible. If the information is not corrected, DEELUXE reserves the right to cancel the order and refund the Customer.

ARTICLE 6. ORDER

Placing an order for Products on the Site is subject to strict compliance with the procedures described below.

6.1. Access to the Site
 The Customer can access the Site via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, events beyond DEELUXE's control, or for maintenance, updates, or technical improvements to the Site. The Customer is responsible for the telecommunication costs necessary to access the Site and place the Order. DEELUXE cannot be held responsible for service interruptions beyond its control.

6.2. Creating an Account
To order Products, the Customer must create an account by providing a confidential email address and password. The Customer is responsible for the use of their account until it is deactivated and must immediately inform DEELUXE if their login details are lost or stolen. Additional information (name, surname, delivery address, postal code, mobile phone number) is required to finalize the Order.

The Customer guarantees the accuracy of this information and agrees to update it in case of changes. Any error in entering this information that may result in delays or delivery errors will be at the Customer's expense.

6.3. Account Deactivation
In case of non-compliance with the GTC (e.g., repeated payment delays, abusive behavior, or fraudulent use), DEELUXE may deactivate the Customer's account after sending an email that goes unanswered for 30 days. In the case of proven fraud, the deactivation will be immediate and without prior notice.

6.4. Product Selection
The Customer selects the Products they wish to order and adds them to their cart.

In the case of prolonged inactivity, selected Products may no longer be guaranteed to be in stock. It is advisable to complete the order as soon as possible to ensure product availability.

6.5. Verification of Selected Products
The Customer can modify their cart by adding, removing, or changing the quantity of Products before finalizing the Order. The price of the Products is automatically displayed in the cart. The order will only be validated after the payment is made.

6.6. Placing the Order
The Customer follows the instructions on the Site to finalize the Order. After a summary, the Customer validates the delivery address and chooses the payment method. Once this information is entered and validated, the price of the Products and the shipping fees will be displayed. Before final validation, the Customer may review and modify the order.

After providing their banking details and validating by clicking "VALIDATE," the Customer's bank authorizes the payment, which triggers the transmission of the Order to DEELUXE's preparation service. The Order then becomes final and cannot be modified.

6.7. Electronic Signature
The "double click" followed by the authentication procedure constitutes a valid and irrevocable electronic signature by the Customer.

6.8. Order Acknowledgment by DEELUXE
An acknowledgment of receipt is automatically sent to the Customer by email, specifying the order number. For payments via international credit cards, the acknowledgment of receipt is sent once the bank account is credited. If the Customer does not receive this acknowledgment within 24 hours, they are invited to contact customer service to verify the status of their Order.

DEELUXE reserves the right to request proof of identity from the Customer to prevent fraud. In the absence of a response, the Order may be canceled.

6.9. Invoice
An invoice is generated in the name of the Customer at the time of placing the Order and can be downloaded at any time from their customer account. It can also be sent upon request.

6.10. Proof of the Order
In accordance with Article 1369-2 of the Civil Code, the Customer agrees to use email for order confirmation by DEELUXE. This confirmation summarizes the details of the Order and highlights any potential issues (product availability, delivery times, payment method). The order then becomes a valid and enforceable contract upon receipt of the acknowledgment of receipt.

ARTICLE 7. PAYMENT

Payment for the Order is made exclusively by one of the following methods:

  • PayPal: By logging into their PayPal account or creating one directly on the PayPal interface, and providing their credit card details.
  • DEELUXE Gift Card.
  • Credit Cards: American Express, "CB" network cards, Visa, Eurocard, Mastercard. Cards issued by banks outside France must be international credit cards.
    In the case of payment by credit card, the Customer agrees to use a card they personally hold, which includes their first and last name.

The authorization to debit the Customer’s account is automatically processed for the full amount of the Products purchased. The credit card will be charged the day after the Order is validated.

The Customer must provide the 16 digits of their credit card, the expiration date, and, if applicable, the visual cryptogram.

In accordance with Article L.132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information, the Customer authorizes DEELUXE to charge their card for the total amount of the Order. They agree in advance that their bank will process this payment based on the statements provided by DEELUXE.

Payment Security: DEELUXE does not store any credit card numbers.

  • Payment in 3 or 4 installments with Alma:
    DEELUXE offers payment in installments via Alma, available for orders ranging from €50 to €2,000.

Eligibility Conditions:

  • Must be a legal adult residing in France.
  • Must have a Visa, Mastercard, or CB credit card with a validity date later than the duration of the selected installment plan.
  • Not eligible: prepaid cards, cards with systematic authorization (Electron, Maestro, Nickel...), e-cards, and American Express.

Subscription Procedure:

After validating the order, the Customer selects "Payment in 3x 4x Alma" and is redirected to the Alma platform to complete the financing request. The acceptance of the contract is formalized by a double click and a checkbox confirming acceptance of the payment terms and conditions.

How It Works:

  • 3 installments: The first payment at the time of purchase, followed by two monthly payments deducted at 30 and 60 days.
  • 4 installments: The first payment at the time of purchase, followed by three monthly payments deducted at 30, 60, and 90 days.

Financing Fees:

Payment in installments with Alma may be interest-free or incur minimal fees, depending on the order amount and current commercial terms. The applicable rate, if any, will be specified before the payment is confirmed.

Alma reserves the right to accept or refuse any installment payment request. According to the regulations, no withdrawal period applies for installment payments.

Payment Incident: If, for any reason (e.g., opposition, refusal from the issuing center...), the payment of the amounts due cannot be processed, the sale will be automatically canceled, and the Order will be annulled. 

ARTICLE 8. DELIVERY

8.1. Delivery Method
The Customer selects one of the delivery methods offered during the order process on the site. The available delivery methods vary based on the destination and will be specified when the delivery method is chosen.

8.2. Delivery Address
The delivery of the ordered products will be made within a maximum of 30 (thirty) days from the date of the order. If one or more products are temporarily unavailable, a specific delay will be indicated to the Customer before the order is confirmed.

DEELUXE handles shipping:

  • Within mainland France via Colissimo, DPD, and Chronopost.
  • Internationally (outside DOM-TOM) via Chronopost.

Any order placed before 12:00 PM will be shipped the same day. Orders placed after 12:00 PM will be shipped the next day (excluding weekends and public holidays).

Delivery times are as follows:

  • Colissimo: Delivery within 72 hours.
  • Chronopost: Delivery within 48 hours.
  • DPD: Delivery within 24 to 72 hours, depending on the selected option.

Products can be delivered to the home (with or without signature, depending on the selected option) or to a relay point via La Poste or DPD.

8.4. Delivery Fees
Delivery fees vary depending on the destination, the chosen delivery method, and the order amount. Detailed conditions are available in the "Delivery" section at the bottom of the page.

8.5. Delivery Delay
In case of a delay, DEELUXE will inform the Customer by email. The Customer may cancel the order by sending a confirmation email to shop@deeluxe.fr.

If the order has not yet been shipped, it will be blocked, and a refund will be made within 14 (fourteen) days following receipt of the cancellation.

If the order has already been shipped, the Customer may refuse the package or exercise their right of withdrawal as per Article 9.

If the delay is due to the Customer's unavailability, they cannot request the cancellation of the sale. A delivery notice will be left, inviting the Customer to pick up the products at a relay point or contact the carrier directly.

8.6. Delivery Tracking
The Customer can track the status of their order in the "Order History and Details" section on the site.

ARTICLE 9. RIGHT OF WITHDRAWAL AND PRODUCT RETURNS

9.1. Withdrawal Period and Procedures
In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of 14 (fourteen) days from the receipt of the products to exercise their right of withdrawal. The products must be returned in their original condition, complete, unused, with intact packaging, and a copy of the return form.

To exercise this right, the Customer must notify DEELUXE of their decision by one of the following means:

  • By email: shop@deeluxe.fr
  • By postal mail:
    SAS JL26 - DEELUXE
    BUREAUPOLE - BAT B
    2 avenue Elsa Triolet
    13008 Marseille

For postal mail, it is recommended to send the request by registered mail with acknowledgment of receipt to avoid any disputes.

Important:
Simply returning the products without prior notification or refusing the delivery of the package will not be considered a valid withdrawal.

9.2. Exclusions from the Right of Withdrawal
The right of withdrawal does not apply to personalized products or items opened after delivery for hygiene or health protection reasons (e.g., underwear, swimsuits, etc.).

9.3. Return Procedures within the Right of Withdrawal
The return must be made within 14 days following the withdrawal request. The products must be sent in their original condition, with intact packaging and in perfect resalable condition.

Return Fees:
A flat fee of €5 will be charged for any standard return request. A prepaid return label will be provided, and this amount will be deducted from the refund.

In case of an error by DEELUXE (defective or non-compliant product), the return fees will be fully covered by the brand.

If the return deadline expires on a Sunday, holiday, or non-working day, it is extended until the next working day.

If a Customer chooses to order as a guest, no return label will be provided by DEELUXE. The Customer will bear the shipping costs to return their item(s) to our warehouse.

9.4. Refund for Returned Products under the Right of Withdrawal
If the withdrawal is exercised in accordance with the above conditions, DEELUXE will refund the Customer within 14 days after receiving and verifying the returned products.

Refund Method : The refund will be processed using the same payment method used for the purchase.

ARTICLE 10. LEGAL WARRANTIES

10.1. Warranty of Conformity

In accordance with Article L. 217-4 of the Consumer Code: "The seller delivers a product that is in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, the assembly instructions, or the installation if the contract assigns this responsibility to the seller or if the installation is carried out under their responsibility."

According to Article L. 217-5 of the Consumer Code: "The product is in conformity with the contract if:
1° It is fit for the usual purpose expected of a similar product and, where applicable:

  • if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect, considering the public statements made by the seller, the manufacturer, or its representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, which was made known to the seller and accepted by the latter."

Article L. 217-12 of the Consumer Code further specifies that: "The action resulting from a lack of conformity is time-barred after two years from the delivery of the product."

Thus, when acting under the warranty of conformity, the Client:

  • Benefits from a period of 2 (two) years from the delivery of the product to take action;
  • Can choose between repair or replacement of the product, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;
  • Is exempt from proving the existence of the defect in conformity of the product during this period.

10.2. Warranty for Defects in the Product

Based on Article 1641 of the Civil Code: "The seller is bound by a warranty for hidden defects in the product sold that make it unfit for the use for which it is intended, or that so reduce its use that the buyer would not have acquired it, or would have paid a lower price if they had known about the defects."

Article 1648, paragraph 1 of the Civil Code adds: "The action resulting from hidden defects must be initiated by the buyer within a short time, depending on the nature of the defects."

DEELUXE is therefore bound by the legal warranty for hidden defects affecting the product(s) delivered, making them unfit for their intended use, under the conditions mentioned above, provided that the Client proves the hidden defect and takes action within 2 (two) years from the discovery of the defect.

If the Client decides to invoke the warranty for hidden defects as defined in Article 1641 of the Civil Code, and only in this case, they may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. 

ARTICLE 11. LIABILITY

DEELUXE is responsible for the proper execution of the obligations arising from these General Terms and Conditions (GTC), whether these obligations are performed by DEELUXE itself or by its subcontractors, without prejudice to its right of recourse against them.

However, while taking great care and accuracy in publishing product descriptions and available data on the Site, as well as in regularly updating them, DEELUXE cannot be held responsible for non-substantial errors that may occur.

Similarly, although the photographs and other reproductions of the products represent them as faithfully as possible on the Site – within the limits of the technology and in compliance with the best industry standards – these are for indicative purposes only and have no contractual value.

Moreover, DEELUXE cannot be held liable for:

  • Interruptions or delays on the Site due to maintenance work, force majeure, third-party actions, or any circumstances beyond its control;
  • The inability of the Client or DEELUXE to access the Site temporarily due to circumstances beyond its control, such as computer malfunctions, interruptions in the phone or internet network, or failure of the Client's internet reception equipment.

Furthermore, it is emphasized that the products comply with current European legislation and applicable standards in the E.E.C. DEELUXE’s liability cannot therefore be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is the Client's responsibility to check with local authorities whether it is possible to import or use the products in their country.

The choice and purchase of the product are solely the responsibility of the Client. The total or partial inability to use the product cannot give rise to any compensation, refund, or liability of DEELUXE except in cases of proven hidden defects, non-conformity, defectiveness, or exercise of the right of withdrawal as outlined in these GTC.

ARTICLE 12. INTELLECTUAL PROPERTY

A license to use the Site is granted to the Client, but the Site remains the exclusive property of DEELUXE, which created and posted the web pages, images, source scripts, and underlying data. The Client is therefore prohibited from distributing or reproducing the Site, in whole or in part, in any form whatsoever.

The products of DEELUXE, the DEELUXE brand, as well as all illustrations, images, designs, and logos featured on DEELUXE products, their accessories, or packaging, whether registered or not, are and will remain the exclusive property of DEELUXE. Any total or partial reproduction, download, modification, or use of these brands, illustrations, images, logos, designs, and models for any purpose and on any medium without the express prior written consent of DEELUXE is strictly prohibited. This also applies to any combination or conjunction with any other brand, symbol, logo, or, more generally, any distinctive sign intended to form a composite logo.

Similarly, the following are strictly prohibited without the express prior written consent of DEELUXE:

  • Creating hyperlinks to any of the pages or elements of the Site;
  • Any use not in accordance with this license to use the Site, particularly the use of any of its components (products presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for commercial sale or any other direct or indirect commercial use.

Unauthorized exploitation of all or part of the Site, for any purpose, may lead to appropriate legal action by DEELUXE, including action for infringement and/or unfair or parasitic competition. 

ARTICLE 13. FORCE MAJEURE

DEELUXE's performance of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure that hinders or delays execution, in accordance with Article 1218 of the Civil Code and current case law.

The following, including but not limited to, are considered force majeure events: war, riots, epidemics, insurrection, social unrest, telephone breakdowns, IT failures, or significant disruption to internet network security, strikes of any kind, and supply problems for DEELUXE.

DEELUXE will inform the Client of any such fortuitous or force majeure event within 7 (seven) days of its occurrence. If this suspension of DEELUXE's obligations lasts beyond 15 (fifteen) days, the Client will then have the option to cancel the ongoing order. In this case, DEELUXE will proceed with a refund to the Client's bank account as soon as possible.

ARTICLE 14. NON-RELINQUISHMENT

The failure of either Party to enforce any provision of the GTC shall not be construed as a waiver of the obligation in question for the future.

ARTICLE 15. NULLITY OF A CLAUSE IN THE GTC

If any provision of these GTC is declared void in whole or in part, the other provisions and the rights and obligations arising from these GTC will remain unchanged and applicable.

ARTICLE 16. ENTRY INTO FORCE AND DURATION

These GTC come into effect on the date of order confirmation and remain in effect for the duration necessary for the provision of the products, until the expiry of the warranties and obligations owed by DEELUXE.

ARTICLE 17. PERSONAL DATA

Details regarding the processing of the Client's personal data can be accessed by clicking here.

ARTICLE 18. AMICABLE DISPUTE RESOLUTION – APPLICABLE LAW – JURISDICTION

These GTC are governed by French law. The language of the GTC is French.

Pursuant to Article L. 612-1 of the Consumer Code, "Every consumer has the right to use a consumer mediator free of charge to achieve an amicable resolution of the dispute with a professional."

For any difficulty encountered regarding an order of products on the Site, the Client may contact DEELUXE’s customer service: 0491777252 – email: shop@deeluxe.fr.

Pursuant to Article R. 616-1 of the Consumer Code, the Client can have their request examined by a mediator whose contact details are given below:
(Contact details + website of the mediation platform to be filled out by DEELUXE)

For cross-border disputes, the European Consumer Centre France can be contacted via the following address: www.Europe-consommateurs.eu

In case of a dispute not resolved amicably, only French courts will have jurisdiction. 

ARTICLE 19. PROMOTIONAL OFFERS AND COMMERCIAL OPERATIONS

Offers are valid exclusively on the specified products and services, during the indicated period.

Unless stated otherwise, promotions cannot be combined with other ongoing discounts.

Any modification or cancellation of an order benefiting from a promotional offer may result in the cancellation of the applied discount.

Deeluxe reserves the right to modify or interrupt a promotion at any time in the case of fraud, manifest error, or force majeure.

ANNEX 1 : REMINDER OF APPLICABLE PROVISIONS

Article L. 217-4 of the Consumer Code:
The seller is required to deliver a product that is in conformity with the contract and is liable for any conformity defects existing at the time of delivery. It is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when such responsibility is assigned by the contract.

Article L. 217-5 of the Consumer Code:
The product is in conformity with the contract if it is fit for the usual purpose expected of a similar product, and, where applicable:

  • It corresponds to the description provided by the seller and has the qualities presented to the buyer in the form of a sample or model;
  • It presents the qualities a buyer may reasonably expect based on public statements made by the seller, manufacturer, or their representative, particularly in advertising or labeling.

Article L. 217-12 of the Consumer Code:
An action resulting from non-conformity is time-barred after two years from the delivery of the product.

Article 1641 of the Civil Code:
The seller is liable for hidden defects in the product sold that make it unfit for its intended use or significantly reduce its use, such that the buyer would not have purchased it, or would have paid a lower price had they known about the defect.

Article 1648, paragraph 1 of the Civil Code:
The action resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect.