These general conditions constitute a distance contract that defines the rights and obligations of LLC DEEP-DEALS and the Customer with regards to the sale of the products mentioned on www.fragora.com.
The entire content of the above-mentioned websites (illustrations, texts, descriptions, brands, images, and videos) is the property of LLC DEEP-DEALS. Any reproduction, whether in whole or in part, of this website is prohibited without LLC DEEP-DEALS's prior written consent. LLC DEEP-DEALS does not authorise the creation of hyperlinks, subject to prior written consent.
LLC DEEP-DEALS shall not be liable for any damage, whether temporary or permanent, suffered by the Customer's IT system nor for any loss or damage that may be incurred following access to or navigation on its website.
These conditions are made between LLC DEEP-DEALS, hereinafter known as "LLC DEEP-DEALS", and persons wishing to make a purchase through the internet site www.fragora.com hereinafter known as the "Site".
The Customers are consumer customers.
Placing an order implies the Customer's full and unqualified acceptance of the following general conditions of sale, to the exclusion of all other documents such as the Customer's impressions, prospectuses or promotional catalogues. By confirming the order, the Customer fully accepts these conditions and acknowledges this document does not need to be signed by hand in order for the consumer to be deemed to have agreed to the content of these general conditions.
LLC DEEP-DEALS recommends that the consumer safely retains these general sales conditions by saving and/or printing them to enable them to be relied upon at any time during the performance of the contract if the need arises.
LLC DEEP-DEALS reserves the right in any event not to fulfil any request of the Customer that may be excessive or that may constitute a departure from these general conditions.
The fact that the parties may, at some given point, not rely on one of these conditions shall not be construed as a waiver of their rights to rely on such conditions. In the event that one of the clauses of these general conditions is declared void, this shall not affect the validity of the general conditions as a whole.
The online shop set up by LLC DEEP-DEALS as part of the Site provides the following information:
- Legal notices that precisely identify LLC DEEP-DEALS,
- Overview of the essential features of the goods on offer,
- Indication, in French currency, of the goods' sale price and of any applicable delivery charges,
- Payment and delivery methods and order fulfilment details,
- Cancellation rights,
- Duration of offer and price,
All this information shall be provided in French.
For all questions or claims relating to the products, the order, personal information, cancellation of the order or rights under a product guarantee, please contact LLC DEEP-DEALS at the following:
By telephone: 0892420999
By e-mail: [email protected]
LLC DEEP-DEALS takes the greatest care over the information provided online in relation to the products' essential characteristics, such as the technical descriptions provided by its partners and suppliers, and the photographs that illustrate the products. It should be noted that, notwithstanding LLC DEEP-DEALS' efforts to ensure that the photographs are as comprehensive and precise as possible, the photographs are not contractual. It is also possible that the packaging may differ slightly, due to the provenance of the products. However, this will not affect the quality and authenticity of the products sold on Fragora.com.
LLC DEEP-DEALS shall reply to all additional requests for information about the products.
LLC DEEP-DEALS' offers are only valid while stocks are available.
The Customer declares that it has the capacity to enter into this contract, in other words that it has legal majority and is not under guardianship or trusteeship.
Orders should be placed in accordance with the instructions set out on the website. The Customer shall provide all the information required, fully and exactly. The Customer is in any event responsible for the information provided in placing the order. If any of the recipient's details are inaccurate (name, address, and so on), LLC DEEP-DEALS shall not be liable for any delay in the delivery of the products. Redelivery costs shall be payable by the Customer.
By way of summary, the steps to follow to make a purchase on the Site are:
1. The Customer shall choose its products and add them to the basket,
2. The Customer shall provide its personal details and the delivery address for its order in the section "Create your account", if this address has not already been provided,
3. The Customer shall choose its delivery method in the "Delivery information" tab,
4. The Customer shall confirm its order in the "Confirmation" tab,
5. The Customer shall choose its payment method, proceed with payment and provide final confirmation of its order in the "Payment" tab.
The Customer’s payment of the order shall firmly and definitively formalise the distance sales contract entered into with LLC DEEP-DEALS and shall be confirmed to the Customer by email.
In order to prevent the fraudulent use of bank cards, Customers’ accounts, delivery addresses, and in order to ensure the Customers’ transactions are secure, LLC DEEP-DEALS shall monitor its Customers’ orders, as part of which it may require the Customer to provide proof of its identity (such as a copy of its National Identity Card or driving licence). If these items are not addressed or do not provide sufficient proof of the identity and of the actual address of the person who placed the order, LLC DEEP-DEALS reserves the right to cancel the order and refund payment.
The sale prices of the products offered on the Site are indicated in Euros, exclusive of packaging, transport and insurance costs. The delivery costs are charged in addition and are indicated prior to confirmation of the order.
In addition, the Customer is subject to the legislation applicable in its country and the package may also be subject to customs charges. Should the package incur customs charges when being delivered LLC DEEP-DEALS shall refund these charges in full on presentation of a customs clearance costs receipt within a maximum of 90 days. The final price invoiced to the Customer shall be the one indicated on the order confirmation. It includes the tax inclusive and tax exclusive price as well as the cost of transport.
The procedure for claiming repayment of the customs charges is as follows:
- Send an email to [email protected] explaining the relevant problem, the order number and a copy or a photo of the customs clearance costs receipt.
The price must be paid in full on placement of the order. The amounts paid shall not in any event be considered as a deposit or an instalment.
The retails prices and discount pictograms are rounded up and given for information purposes only.
LLC DEEP-DEALS reserves the right to modify its prices at any time but it shall apply the prices in force when the order was registered, subject to the availability of the products on that date.
Orders are payable in Euros, in full and in cash. In order to settle its account, the Customer may use any of the methods of payments indicated when the order was confirmed (delivery and payment page).
LLC DEEP-DEALS reserves the right to suspend the execution of the order and any delivery if payment by bank card is not authorised by the officially accredited bodies or in the event of non-payment.
LLC DEEP-DEALS reserves the right to refuse to deliver or carry out an order from a consumer who has not fully or partially paid a previous order or with whom there is an existing dispute.
LLC DEEP-DEALS reserves the right at any time, following receipt of your order, to accept or refuse the order, in whole or in part, at its sole discretion, even after you have received the order confirmation or even if the payment has been taken (provided that we shall refund the amount paid). LLC DEEP-DEALS reserves the right to cancel orders in the event of departure from the invoicing information or of use of the wrong promotional code. If a mistake relating to the price of our goods is discovered before their delivery:
• If the correct price is lower, we will refund the difference,
• If the correct price is higher, we will contact you in order to either confirm your order at the correct price or to cancel it. We are not obliged to provide you with items at a lower price if we make an invoicing error.
Products are offered for sale subject to stock availability and supply. The availability of the products will be definitively confirmed when notice of dispatch of the order has been sent to the Customer by email.
In the event that an ordered product is not available when the Customer’s order is being prepared, LLC DEEP-DEALS shall inform the Customer accordingly by email as soon as possible after the date of its order and inform it as to when the product may be delivered.
In such a case, the Customer will be able to choose:
• either the cancellation of the order and a refund of the amount paid within no more than 30 days from the date of its request for a refund. Requests for the cancellation of an order due to the unavailability of stock shall be made by email to [email protected],
• or to accept the new delivery period notified to the Customer by LLC DEEP-DEALS.
In the absence of a response from the Customer, the new delivery period shall be deemed to have been accepted.
LLC DEEP-DEALS shall not be liable for any unavailability, which is completely independent of the company’s will.
Delivery shall be made to the address provided by the Customer in the delivery form (personal address, work place, and so on). The delivery shall be accompanied by the invoice.
The delivery shall be deemed to have fulfilled by LLC DEEP-DEALS when the carrier remits the ordered goods to the Customer. The delivery shall be carried out by an independent company. The Customer shall sign a delivery note in respect of the items. If the Customer is absent at the time of delivery, the package will be available for collection from a designated pick-up point for 8 days from the date a notice of attempted delivery was left at the Customer’s address. In any event, we shall inform the Customer of the availability of the products as soon as possible. If the package is not collected within the allotted time, it will be returned to LLC DEEP-DEALS. The Customer shall be responsible for redelivery costs.
Delivery times are indicated on the Site, and start from the date confirmation of the order is emailed to the Customer. They correspond to the average order preparation and delivery times. LLC DEEP-DEALS shall inform the Customer as soon as possible by email of any foreseeable delays together with an estimate of the new delivery period. LLC DEEP-DEALS shall in any event deliver the order to the consumer Customer within no more than 30 days from confirmation of the email or the banking of the due amount if payment is made by cheque. If this time is exceeded, and save in the event of force majeure, the consumer Customer may cancel the electronic sales contract entered into with LLC DEEP-DEALS by letter sent by registered post with acknowledgment of receipt, in which case LLC DEEP-DEALS shall refund the consumer Customer within 30 days from receipt of the registered letter.
Delivery times are indicated for information purposes depending on the ability of LLC DEEP-DEALS to supply and delivery the good, save for express written agreement between LLC DEEP-DEALS and the Customer as to firm dates and hours. LLC DEEP-DEALS shall in any event endeavour to comply with the delivery periods indicated when the Customer’s order was registered. In the absence of such an agreement, and in the event the delivery times are exceeded, LLC DEEP-DEALS shall not be liable for damages nor shall the Customer be entitled to a retention or to cancel the existing order(s). LLC DEEP-DEALS shall be entitled to proceed with complete or partial deliveries. In the event of temporary or permanent unavailability of the product ordered, due, for instance, to a supplier’s failure, LLC DEEP-DEALS shall notify the Customer as soon as possible and shall indicate the date on which the order may be fulfilled.
The Customer is responsible for checking the condition of the packaging and of the products and the number of products on receipt.
If there is a problem, if the product is damaged in transit, or if any item is missing or are delayed, the Customer shall indicate such issues clearly and precisely on the delivery note or the carrier’s receipt, and shall notify the carrier by registered letter with acknowledgment of receipt within 3 days, excluding bank holidays, following receipt of the products.
Without prejudice to the steps to be taken with regards to the carrier, claims relating to apparent defects or lack of conformity in the delivered product shall be made in writing and sent to LLC DEEP-DEALS within 3 days from the date of delivery or date of availability for collection of the product. The Customer shall provide evidence of the defects or anomalies found by sending a copy of the letter sent to the carrier and a copy of the delivery note that indicates the issues. It will provide LLC DEEP-DEALS with every opportunity to inspect the defects. No amicable or legal claim brought by a professional Customer beyond the 3-day period above shall be accepted.
Such a claim may be made by email and sent to LLC DEEP-DEALS at [email protected]
Any claim not made in accordance with the above nor made within the above time limits shall not be considered and LLC DEEP-DEALS shall be discharged from any responsibility towards the consumer.
LLC DEEP-DEALS’s Customer Services must be notified in advance of all returns. LLC DEEP-DEALS shall be liable for the costs of returning a product, unless such product does not correspond to the original declaration made by the consumer, in which case the costs of return shall be payable by the Customer.
LLC DEEP-DEALS shall not, in any event, be liable for any delay or mistake in delivery due to an event of force majeure or to the Customer’s fault. In some cases, such as lack of payment, wrong address or other issue with the Customer’s account, LLC DEEP-DEALS reserves the right to suspend the Customer’s order until the problem has been resolved.
LLC DEEP-DEALS shall make every effort to ensure that the delivery times indicated when the order was registered are met. However, if a package is not received within the delivery times indicated, the Customer should notify Customer Services within no more than 90 days, from the date of registration of the order. Enquiries shall immediately be made of the carrier. LLC DEEP-DEALS will be unable to deal with the Customer’s request after this period.
In accordance with article L121-20 of the Consumer Code the consumer Customer shall have 14 clear days from the date of receipt of the products ordered in which to cancel its order.
In order to exercise this cancellation right, the Customer must inform LLC DEEP-DEALS accordingly by registered letter with acknowledgement of receipt or by mail with the contact form within the time limits provided above
The Customer must return the products, to the same address, within the cancellation period, without any marks in their original packaging, unused and in perfect condition, together with all accessories and any gifts that may have been offered. It must return the product with a copy of the invoice. The Customer shall only be liable for the cost of returning the products. If the conditions for product returns are not entirely met, LLC DEEP-DEALS may deduct from the amount refunded, as the case may be, a proportion of the sale price equivalent to the sale price of the missing items, and to the cost of repairing, replacing and/or making good any damaged products.
LLC DEEP-DEALS shall refund the consumer Customer within 30 days from the date of receipt of the registered letter with acknowledgement of receipt indicating the consumer Customer’s wish to cancel.
The Customer shall enable LLC DEEP-DEALS to inspect the products for defects or anomalies.
In the event that a defect is found, the relevant products may be returned to LLC DEEP-DEALS. Returns shall not be accepted for any reason without LLC DEEP-DEALS prior written agreement. Products that are judged by LLC DEEP-DEALS and the Customer to be defective or sub-standard by the Customers will be refunded by Paypal or replaced at the option of LLC DEEP-DEALS. Any return costs incurred are payable by the Customer.
In the event of a fault on the part of LLC DEEP-DEALS for which it is responsible, its liability shall only extend to direct, personal and certain damage suffered by the Customer. Liability for any indirect and immaterial damage or loss, such as financial loss, damage to image, and so on, is expressly excluded. The amount of any damages and interest that LLC DEEP-DEALS may be liable for in the above circumstances shall in any event be limited to the amount of the order.
LLC DEEP-DEALS shall in any event not be liable for:
• Normal wear of the products,
• Deterioration or accidents resulting from negligence, lack of supervision or maintenance or incorrect use,
• Damage resulting from modifications, additions or repairs to the product,
• Damage resulting from a failure to follow the instructions for use mentioned on the relevant product’s description.
In cases of an event of force majeure, unforeseen circumstances or outside cases, such as fire, flood, complete or partial strikes, business closure, obstacles to movement, wilful damage, theft, changes in regulations, impossibility of being supplied in raw materials, energy supply stoppages, breakdowns or interruptions in electric or telecommunications networks, and so on, LLC DEEP-DEALS shall automatically be discharged from its obligation to deliver, as from the date of occurrence of the events, shall not be liable to pay compensation, and shall notify the Customer accordingly as soon as possible.
In this regards, LLC DEEP-DEALS shall inform the Customer, as soon as possible and by any means, of the event of force majeure that renders performance of its obligations impossible.
LLC DEEP-DEALS shall not be liable for damage, whether temporary or permanent, caused to the Customer’s IT system nor for any loss or damage which may be incurred following access to or navigation on its website.
Transmitting data over the internet may result in errors appearing and/or the Site not always being available. Consequently, LLC DEEP-DEALS shall not be held responsible for the availability and interruption in the online service.
LLC DEEP-DEALS shall receive, register, change, use and transmit the internet users’ personal data in order to process the orders placed on the Site, Customer relations, Customer advice and services as well as to preserve LLC DEEP-DEALS’s commercial interests, such the need to retain proof. Insofar as this is required in order for LLC DEEP-DEALS’s obligations to be performed, LLD DEEP-DEALS shall transmit personal data to third parties, such as the carrier.
The Customer may in any event object to the use of its personal data by deactivating this function on its LLC DEEP-DEALS account. Personal data may only be used for other purposes with the Customer’s express consent.
When registering with the Site, the Customer shall provide true and accurate information about itself. Providing false information is prohibited under these general conditions as well as under the conditions of use set out on the Site.
Pursuant to article L.211-15 of the French Consumer Code, articles L 211-4, L 211-5 and L 211-12 of the said Consumer Code, and article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced below. The Customer acknowledges that it read these provisions prior to placing its order.
Article L211-4 of the Consumer Code:
The seller shall deliver goods that comply with the contract and shall be responsible for defects existing at the time of delivery.
It will also be liable for defects resulting from the packaging, assembly instructions or the installation, if the seller is responsible for carrying it out or having it carried out.
Article L211-5 of the Consumer Code:
To comply with the contract, goods must be:
1° Fit for the usual purpose to which a similar product would be used and, as the case may be:
• Correspond to the description provided by the seller and have the qualities that it has been presented to the buyer by the seller as having, by way of a sample or a model;
• Present the qualities that a buyer could legitimately expect the relevant good to have, given the public declarations made by the seller, the manufacturer or its representative, for example in advertisements or labelling;
2° Or present the characteristics defined by the parties by joint agreement or be fit for any special purpose required by the buyer of which the seller has been made aware and to which the seller has agreed.
Article L211-12 of the Consumer Code:
Any claim resulting from a defect in conformity shall lapse after the expiry of two years from delivery of the product.
Article 1641 of the Civil Code:
The seller is liable for latent defects in the product that render it unfit for its intended purpose, or which reduces its fitness for purpose to such an extent that the buyer would not have bought it, or would only have bought it for a lower price, has it been aware of such defects.
Article 1648 of the Civil Code:
A claim resulting from a latent defect must informatiquebe made within two years from the date of discovery of the defect.