Preamble
Every purchase on the Dickson-Constant website "www.dickson-constant.com" or by correspondence constitutes an acceptance without reservation by the purchaser of the conditions provided below.
These conditions relate exclusively to purchases for personal use: as a result, the buyer agrees to ensure the items purchased are only for personal use.
The buyer is informed that as a consumer, they have specific rights that may be jeopardized in the event where products purchased through the Dickson-Constant website or by correspondence came to be used in relation to their professional activity or were intended for resale. In particular, in the case of products purchased to meet professional requirements, Dickson-Constant shall not be liable for any damage other than the replacement of defective products.
The shipping of packages can only take place territorially in mainland France and Corsica. If the buyer would like a delivery to another country, they may contact the Dickson-Constant company to find out how to purchase for their country.
The buyer can ask any question and resolve any problems concerning their relations with Dickson-Constant by completing the contact form on the website “www.dickson-constant.com”, by sending an email to contact@dickson-constant.com or by calling +33 (0)3.20.45.59.59 (non premium rate number).
Purpose
The purpose of these general conditions are intended to define the rights and obligations of the parties under the mail-order and online sale of products offered through the website "www.dickson-constant.com" by the company Dickson-Constant, a SAS with a capital of 12,640,000 euros with its registered office located at Z.I. de la Pilaterie, 10 rue des Châteaux, 59290 Wasquehal, France, registered with the Lille Métropole RCS under number 381 347 970.
The parties agree that their relations will be exclusively governed by these terms and conditions, to the exclusion of any terms and conditions previously available on other sites from the Dickson-Constant company and any general or specific terms and conditions from the buyer.
Order
Offers on Dickson-Constant products are valid while visible on the site “www.dickson-constant.com”, while in stock. If unavailable, Dickson-Constant is committed to informing the buyer within 48 working hours that they will have the option to accept a delayed delivery, or request an exchange, or refund for the amounts paid. This refund will occur within thirty (30) days. The unavailability of a product does not render Dickson-Constant liable, nor give right to the buyer for entitlement to damages.
The essential characteristics of the products offered are those listed in the catalogue published on the site. Each product is accompanied by a description provided by Dickson-Constant.
The buyer's attention is drawn to the fact that the photographs illustrating the products offered on the site are as accurate as possible, but can not ensure a perfect similarity of colors with the proposed offered, with the latter dependent in particular on the IT hardware used by the buyer.
From the catalogue offered online, the buyer can place an order online via the website "www.dickson-constant.com".
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place under a possible exchange and any guarantees mentioned below.
The final confirmation of the order online, done by a double-click by the purchaser, constitutes an electronic signature that has the same value as a handwritten signature and irrevocably binds the buyer, except under application of the "withdrawal period” section. It holds a probative value of the sales contract agreement and payment due for the amounts incurred by the entry of the items on the purchase order.
However, in case of fraudulent use of their credit card, the buyer is required, upon the finding of such use, to contact the Customer Service of Dickson Constant by calling +33 (0)3.20.45.59.59. However, the cardholder must have filed a claim within 70 days from the date of the disputed transaction.
Shipping
The buyer has the choice to be delivered to at the billing address or at another specific address that they will indicate.
Dickson-Constant undertakes to ship the ordered items within a maximum of fifteen (15) days from the date of order. To this timeframe, the transporter delivery time of 1 to 3 days should be added. An order number will be communicated to the buyer to be able to track their delivery on the carrier's website.
Delivery costs are borne by the buyer, except when it is indicated that they are covered by Dickson-Constant.
Dickson-Constant disclaims any responsibility for longer delivery times due to carriers, particularly in the case of loss of products or strike.
Complaints
Items ordered are shipped at the buyer’s risk and peril, it is their responsibility to check, on receipt of the order, the quantity and the general appearance of the items, indicating any reservations on the delivery note and confirmed by letter with recorded delivery to the carrier within two days of receipt of goods.
Without prejudice to the measures to be taken vis-à-vis the carrier, any claims in the event of delivery error or of non-compliance in kind or in quality when compared to line items appearing on the purchase order must be filed with Dickson-Constant within five (5) working days of delivery:
- either via the site "www.dickson-constant.com" ("Contact” section)
- or by letter, accompanied with supporting documentation for the complaint, addressed to: Dickson-Constant, Customer Service, Z.I. de la Pilaterie, 10 rue des Châteaux 59290 Wasquehal, France
Any claim not made in compliance with the rules defined above and within the timeframes set out will not be taken into account and will release Dickson-Constant of any liability vis-à-vis the buyer.
Price
Prices are quoted in euros, all taxes included, and take into account the VAT rate applicable on the date of the order. They do not include transportation and delivery costs: these costs are charged extra and indicated before the order is confirmed.
In all cases, the total amount specified on the order confirmation screen is the amount payable by the buyer.
Dickson-Constant reserves the right to change its prices at any time. However once the order has been confirmed by the buyer, the price can not be changed.
Payment methods
The full payment must be made when placing the order, unless there is a specific offer listed on the site.
The payment of online purchases is done at the time of order by credit card (Carte Bleue, e-cartebleue, Visa, Eurocard, Mastercard, American Express).
In the case of out of stock or unavailable products, the purchaser, at their choice, will get credit or will be refunded the amount debited.
Security
Payments made online by credit card are made on the site of the Dickson-Constant banking partner, so are completely secure. Dickson-Constant is at no time aware of the buyer’s banking information, nor does it store it in its IT systems.
The buyer may revoke their payment in the event of fraudulent use of a credit card. Any cancellation of a payment (cancellation of a banking transaction opposition of a check, fraudulent use of a means of payment) will be subject to legal action, regardless of the amount involved.
Dickson-Constant can not be held responsible for any embezzlement or fraudulent use of any payment method not detected by the verification procedure.
Withdrawal - Return
The buyer can withdraw at any time before shipping the order by responding to the acknowledgement sheet from Dickson-Constant. They will be fully refunded within thirty (30) days.
The buyer can withdraw when receiving the products ordered by refusing the package without opening it from the carrier. The refund, less shipping charges, will be made within thirty (30) days after receipt of the goods in good condition by Dickson-Constant.
In accordance with Articles L. 121-16 and following of the code of Consumption, the buyer has a withdrawal period of fourteen (14) days from receipt of goods ordered to return the items and ask for either a refund or exchange. However, no withdrawal period will be allowed in the case of supplying a personalized product, reported as such in the catalogue, such as cut lengths.
Any returns must be a subject to formal written agreement from Dickson-Constant, with a return number that the buyer will request online using the complaint form on the website "www.dickson-constant.com", or by post.
Items will be returned carriage paid, in good condition and in their original packaging, accompanied by a photocopy of the invoice, to the following address: Dickson-Constant, Customer Service, Z.I. de la Pilaterie, 10 rue des Châteaux 59290 Wasquehal, France
The shipping costs and risks of return remain the responsibility of the buyer. The refund, less shipping charges, will be made within thirty (30) days after receipt of the goods in good condition by Dickson-Constant.
In the case of an exchange, if the new order is for a higher amount, the buyer will attach to the exchange request payment of the balance. Conversely, if the amount of the exchange is less than the original amount, the buyer will receive, upon receipt of the request, a refund cheque for the difference. The new shipment will be at the buyer's expense.
Guarantees
The buyer benefits from the legal guarantee provided by Article 1641 and following of the Civil Code and Articles L 211-4 and following of the Consumer Code, allowing them to return to Dickson-Constant any defective or non-compliant items.
(Article L 211-12 of the Consumer Code) Action resulting from lack of compliance lapses two years after delivery of the goods.
(Article 1648 Para 1 of the Civil Code) Action resulting from latent defects must be initiated by the buyer within two years following discovery of the defect.
Responsibilites
Dickson-Constant’s responsibility will not be incurred if the breach of its obligations is due to either an unforeseeable and irresistible act of a third party to the contract, or in the case of force majeure understood in a broader sense than French jurisprudence, such as:
- occurrence of a natural disaster
- earthquake, storm, fire, flood, etc.
- armed conflict, war, conflict, attacks
- labour disputes, total or partial strike at Dickson Constant, its suppliers, service providers, carriers, post offices, public services, etc.
- mandatory government injunction, import ban, embargo
- operating accidents, machinery breakdown, explosion
Similarly, the responsibility of Dickson-Constant can not be incurred for any inconvenience or damage arising from the use of the internet, including a break in service, external intrusion or presence of computer viruses.
Intellectual property
All site elements, whether visual or audio, including the texts, and all drawings, prints, models of the products on the site, are the exclusive property of the Dickson-Constant company: all intellectual and industrial property rights are reserved. Any reproduction or representation, complete or partial, made without the consent of Dickson-Constant, constitutes an infringement, likely to be prosecuted.
Any hypertext link to the site "www.dickson-constant.com" of Dickson-Constant and using the framing technique is prohibited. Any link using the technique of in-line linking must be expressly authorized by the Dickson-Constant society. There will not be, in this case, an implicit affiliation agreement.
In all cases, any link, even placed for personal use on a personal site, even tacitly authorized, must be removed at the request of the Dickson-Constant company.
Entirety
In the event that any provision of this contract is rendered null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of these terms and conditions of sale.
Duration
These general conditions apply from the date of purchase order signature/confirmation, until the expiry of the guarantees offered by the company Dickson-Constant.
Evidence of transactions and archiving
The records stored in the Dickson-Constant company IT systems and those of its partners under reasonable security conditions, will be considered proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium in accordance with Article 1348 of the Civil Code.
Applicable law and jurisdiction
These conditions are subject to French law. Failing an amicable agreement between the parties, the competent court, in cases of dispute, will be the defendant's place of residence or, at the defendant's choice, the place of effective delivery of the product.
Cookies
Dickson Constant uses cookies to facilitate your browsing experience and use of its various websites or to measure the website’s audience. In order to achieve these objectives, small files called Cookies may be stored on your computer for a maximum period of 13 months from the date on which your consent is obtained. At the end of this period your consent will be sought again.
THE COOKIES WE USE
We use two types of cookies that may be stored on the devices used to browse our websites. The first are required for smooth browsing on our websites. The latter allow us to measure the audience of our websites.
Technical Cookies are necessary for the smooth functioning of the browsing experience on our websites. They allow the content presented to be adapted to the user’s preferences, such as language or display resolution. These cookies are also used to save passwords or the content of a form. They play an important role in the implementation of security measures and their removal may prevent access to some of the features of our websites.
Audience measurement Cookies are issued by Dickson Constant or its technical service providers. They allow us to anonymously measure the traffic on our websites. They also improve the user experience by detecting browsing issues.
HOW DO YOU MANAGE THESE COOKIES ?
Your browser (Chrome, Firefox, Edge, Safari, etc.) allows you to refuse these cookies. For this, you can refer to the official documentation. Here are the help pages for :
Internet Explorer™ : https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Safari™ : https://support.apple.com/en-gb/HT201265
Chrome™ : https://support.google.com/chrome/answer/95647?hl=en-GB&hlrm=en
Firefox™ : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Opera™ : https://help.opera.com/en/latest/web-preferences/#cookies
For any support concerning the various browsers, Dickson Constant recommends referring to their official documentation.