ARTICLE 1 - PREAMBLE

The present General Conditions of Sale are concluded between:

On the one hand,

ThesDirect.com is a brand of the company SAS DUC FACTORY with a capital of 10,000 euros, whose head office is located at 530 av des templiers, 13400 AUBAGNE (there is no public reception at this address), registered in the Marseille Trade and Companies Register under number 837 842 558, through its website visible at www.ThesDirect.com, hereinafter called"ThesDirect",

On the other hand,

Any natural person of legal age wishing to make a purchase on the website visible at www.ThesDirect.com, hereinafter referred to as "Customer".

Any order duly validated on the site ThesDirect.com implies total and unconditional acceptance of these General Terms of Sale and, where applicable, of the special or specific conditions for one or more products or orders.

If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

ARTICLE 2 - PURPOSE

The present conditions aim to define the reciprocal obligations of the parties as well as the different stages of the ordering process.

ARTICLE 3 - DESCRIPTION OF PRODUCTS

The products offered for sale are described and presented as accurately as possible. However, ThesDirect.com cannot be held responsible for any errors or omissions relating to this presentation, as the information and illustrations are provided for information purposes only. ThesDirect.com undertakes to make its best efforts to correct any errors or omissions of which it has been informed as quickly as possible.

In the event of non-conformity of the products sold to their description sheet or due to the erroneous nature of the information contained in the latter, the Customer may decide to exercise his right of withdrawal as stipulated in Article 10 of these General Terms of Sale.

ThesDirect.com undertakes to supply products that comply with current regulations on personal health and safety in accordance with European provisions, and in particular with the legislation on regulated chemical substances.

ARTICLE 4 - CUSTOMIZATION OF RECIPES BY THE CUSTOMER

When a customer asks ThesDirect.com to manufacture a specific recipe, this recipe is the exclusive property of the customer. Consequently, the customer is entirely responsible for the content of this recipe as well as any claims that may be associated with it.

ThesDirect.com cannot be held responsible for any direct or indirect consequences related to the manufacture, consumption or distribution of products made from recipes supplied by the customer. This includes, but is not limited to, allergic reactions, side effects or any other form of harm.

The customer acknowledges and agrees that ThesDirect.com does not verify the truthfulness, legality or appropriateness of any claims associated with the recipe provided by the customer. Any dispute, claim or legal action resulting from the manufacture, consumption or distribution of these products will be the sole responsibility of the customer.

By providing ThesDirect.com with a recipe, the customer guarantees that he/she holds all necessary rights to this recipe and that he/she is authorized to allow its manufacture. Furthermore, the customer agrees to indemnify ThesDirect.com against any claim, damage, loss, cost or expense arising from the breach of these warranties.

ARTICLE 5 - AVAILABILITY

The product and price offers are valid as long as they are visible on the site, within the limits of available stocks.

As ThesDirect.com cannot guarantee that the products will be available for sale for a given period, any claim by the Customer concerning the ordering or delivery of an item that is not available at the time of the order will be considered unfounded.

In the event of validation by a Customer of an order including an item that has become unavailable at the time of payment, ThesDirect.com undertakes to notify this Customer by e-mail of the cancellation or partial delivery of his order as soon as possible. The Customer may waive the partial delivery of his order, if it has not yet been shipped. If the order has already been delivered, the Customer may exercise their right of withdrawal under the conditions set out in article 10 of these General Terms and Conditions of Sale at the expense of ThesDirect.

If on the date of sending the e-mail informing the Customer of the cancellation or partial delivery of the order, the order has already been debited, ThesDirect.com undertakes to reimburse the Customer as soon as possible, and at the latest within thirty (30) days from the date of the order, for the total amount (including VAT and postage) in the case of cancellation of the order and for the amount (including VAT) of the unavailable items in the case of partial delivery of the order.

ARTICLE 6 - PRICES

The prices indicated on the site are expressed net of tax, except share in the expenses of treatment and forwarding, and except particular discounts from which certain Customers can profit because, in particular of their fidelity with ThesDirect.com or of their participation in operations of sponsorship.

ThesDirect.com reserves the right to modify its prices at any time. The products will in any case be invoiced on the basis of the prices in force at the time the order is validated.

ARTICLE 7 - ORDERING TERMS

Customers can place orders withThesDirect.com via the Internet at www.ThesDirect.com.

By validating his/her order, the Customer declares that he/she fully accepts the present General Terms and Conditions of Sale without reservation.

As soon as an order is validated and payment has been accepted, ThesDirect.com acknowledges receipt by sending the Customer a confirmation e-mail containing the characteristics of the order.

ARTICLE 8 - PAYMENT

Payment for purchases is made at the time of ordering by credit card (Visa, Eurocard and Mastercard) or by Paypal account.

For payment by credit card, in order to ensure maximum payment security, ThesDirect.com uses a secure payment service. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. It is not stored by ThesDirect.com.

If the payment is rejected by the bearer's bank, the order is automatically cancelled.

ARTICLE 9 - DELIVERY

Delivery costs are available on this page: Delivery

The average delivery time for sending an order is 5 to 10 working days, and is often faster.

Any order placed on the site from Monday to Friday before 12 noon will be processed the same day, after 12 noon it will be processed the following day. Orders placed on Fridays after 12 noon, Saturdays and Sundays will be processed on the following Monday. Orders placed on a public holiday will be processed on the next working day.

ThesDirect.com cannot be held responsible for delays in delivery, particularly in the event of force majeure, in particular in the event of disruption or total or partial strike of postal services and means of transport and communications, in the event of flooding or fire.

If the delivery time is exceeded and not justified by a case of force majeure, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the sale within a maximum period of 30 (thirty) days.

Delivery is handled by Colissimo, Gls, Dhl, Mondial Relais. For metropolitan France, this service delivers orders to your door.

In the case of home delivery, if the Customer is absent at the time of delivery, the parcel is handed over to the post office indicated on the delivery notice left in your letterbox. The parcel will be kept for a period of ten (10) working days from the day after the delivery notice was left.

For other delivery methods, the Customer receives an email and a text message indicating the availability of the package, and the Customer has ten (10) working days to collect it.

For orders to foreign countries and overseas, only home delivery is possible.

The delivery time indicated when the order is placed is given as an indication only and is not guaranteed.

Consequently, any reasonable delay in the delivery of the products shall not give rise to any claim for the benefit of the buyer:

• the award of damages;
• cancellation of the order.

ARTICLE 10 - COMPLAINTS AND RETURNS

The Customer is obliged to check the conformity of the products received in execution of his order at the time of delivery.

Any anomaly concerning the delivery, such as missing products, damaged products, products that do not conform to the order, must be notified within the legal timeframe following receipt of the order, using the form provided for this purpose in the "Contact" section or at the following address: info@thesdirect.com.

The customer has a period of fifteen (15) working days from the date of receipt of the order to return any non-conforming products ordered.

Products received that are not in conformity must be returned in their original packaging, together with the invoice, to the following address

ThesDirect.com
Duc factory

530 av des templiers
13400 AUBAGNE

Lorsque la non-conformité aura été constatée, ThesDirect.com proposera au Client le remboursement du prix du ou des Produit(s), des frais de livraison du ou des Produit(s), ainsi que des frais de retours engagés par le Client. Le remboursement interviendra au plus tard dans les trente (30) jours à compter de la réception du colis retour.

ThesDirect will reimburse the cost of the return postage at the level of the price list (Colissimo delivery without recorded delivery) posted by La Poste on 1 March of the current year. The Customer must send proof of the return postage costs incurred to Customer Services, by email or by post.

ARTICLE 11 - Réclamations en cas de non-réception du colis

1. Suivi de livraison : Dès l'expédition de votre commande, vous recevrez un numéro de suivi vous permettant de suivre l'acheminement de votre colis. Nous vous invitons à surveiller régulièrement le suivi de votre commande et à nous informer de tout problème éventuel dans les meilleurs délais.

2. Délai de notification : Si vous constatez que vous n'avez pas reçu votre colis dans les délais prévus, vous êtes tenu de nous en informer dans un délai de 30 jours calendaires à compter de la date DE VOTRE COMMANDE. Passé ce délai, aucune réclamation ne sera acceptée.

3. Absence de réclamation : En l'absence de toute manifestation de votre part dans le délai de 30 jours suivant la date de votre commande, la commande sera considérée comme livrée et acceptée par le client. Par conséquent, aucune réclamation pour non-réception ne pourra être prise en compte après ce délai.

4. Responsabilité du client : Il est de la responsabilité du client de fournir une adresse de livraison correcte et complète lors de la commande. En cas d'erreur ou d'oubli dans les informations fournies,la société ne pourra être tenue responsable des retards ou des échecs de livraison. 

 

Conséquences du Non-respect du Délai

Il est crucial pour le client de respecter ce délai de 30 jours. Passé ce délai, le colis sera définitivement traité comme livré ou non réclamé. Cela signifie que l'entreprise ne sera plus tenue de conserver le colis ni de procéder à son renvoi. Les produits contenus dans le colis pourront être réaffectés ou retournés à l'inventaire de l'entreprise.

Rappel de la Responsabilité du Client

Le respect des délais est de la responsabilité du client. Il est donc fortement recommandé de surveiller attentivement les notifications reçues et d’agir promptement en cas de retour de colis. 

ARTICLE 11 - RIGHT OF WITHDRAWAL

Please note that the right of withdrawal is only valid for private customers. No right of withdrawal is possible for a professional.

The Customer has a period of fifteen (15) working days from the date of receipt of the order to return the products ordered, without justification or penalty.

All returns must be reported to the customer service department using the form provided for this purpose in the "Contact" section or to the following address: info@thesdirect.com.

The products must then be returned in their original packaging, unopened and unopened, together with the invoice, to the following address

ThesDirect.com
Duc factory

530 av des templiers
13400 AUBANE

Subject to the above conditions, ThesDirect.com will reimburse the amount including VAT of the price of the returned Product(s), excluding return costs. The Customer's bank account will be credited with the said amount within thirty (30) days of receipt of the Products at the above-mentioned return address.

ARTICLE 12 - PERSONAL INFORMATION

The Customer is informed that the processing of personal information communicated to ThesDirect.com has been declared to the CNIL under number 1638518v0.

In accordance with the law n°78-17 of 6 January 1978, all Customers have the right to access, rectify and delete data concerning them.

All enquiries relating to this article should be sent by email to info@ThesDirect.com.

Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, ThesDirect.com may communicate this data to the legally authorised bodies and authorities.

ThesDirect.com undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorised third parties.

ARTICLE 13 - INTELLECTUAL PROPERTY

The photographs and texts illustrating the products presented are not contractual. Consequently, ThesDirect.com cannot be held responsible for any error in one of these photographs or texts.

The liability of ThesDirect.com under these Terms and Conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action involved.

ThesDirect.com shall not be held responsible for the non-performance of the contract concluded in the event of stock shortage, unavailability of the product or force majeure (in particular in the event of disruption or total or partial strike, in particular, of the postal services and means of transport and communications, in the event of flooding or fire).

ThesDirect.com has only an obligation of means for all stages of access to the site, consultation, filling in forms, placing orders or any other service related to the use of the site www.ThesDirect.com.

Consequently, ThesDirect.com cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence taken by ThesDirect.com.

In particular,ThesDirect.com cannot be held responsible for any disruption in the supply of the service, or any external intrusion or presence of a computer virus. Access to the site www.ThesDirect.com is made under the usual conditions of connection to the Internet network used by the Customer and does not give rise to any additional connection costs.

All text and images on the ThesDirect.comwebsite are the exclusive property of ThesDirect.com.

Unless prior authorisation has been obtained from ThesDirect.com, any use of these elements other than for private use constitutes an infringement and is punishable under the Intellectual Property Act.

ARTICLE 14 - LIABILITY

The photographs and texts illustrating the products presented are not contractual. Consequently, ThesDirect.com cannot be held responsible for any error in one of these photographs or texts. The liability of ThesDirect.com under the terms of these Terms and Conditions of Sale may not exceed a sum equal to the sums paid or payable in the transaction giving rise to the said liability, whatever the cause or form of the action concerned.

ThesDirect.com cannot be held responsible for the non-performance of the contract in the event of stock shortage, unavailability of the product or force majeure (in particular in the event of disruption or total or partial strike, in particular, of the postal services and means of transport and communications, in the event of flooding or fire). ThesDirect.com has only an obligation of means for all stages of access to the site, consultation, filling in forms, placing orders or any other service related to the use of the site www.ThesDirect.com.

Consequently, ThesDirect's responsibility.com cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence taken by ThesDirect.com. In particular, any disruption in the supply of the service, or any external intrusion or presence of a computer virus, shall not engage the responsibility of ThesDirect.com.

Access to the ThesDirect.comsite is made under the usual conditions of connection to the Internet network used by the Customer and does not give rise to any additional connection costs.

 

ARTICLE 15 - FORCE MAJEURE

ThesDirect.com shall not be liable for the total or partial non-performance of its obligations under the order placed by the Customer, if this non-performance is caused by an event constituting force majeure as defined by positive law.

In such a case, ThesDirect.com will inform the Customer of the occurrence of such an event within three (3) clear days of its occurrence, by e-mail.

After a period of one month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, where applicable, be subject to a refund from ThesDirect.com to the credit card used to place the order within a maximum period of thirty (30) days.

ARTICLE 16 - MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE

ThesDirect.com reserves the right to modify the General Terms and Conditions of Sale.

In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.

ARTICLE 17 - APPLICABLE LAW

If any of the terms of these General Terms and Conditions of Sale should be declared null and void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.

The General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

In the event of a dispute, the Customer shall first contact ThesDirect.com to obtain an amicable solution and failing agreement, the Courts of common law shall have sole jurisdiction.