ARTICLE 1 – SCOPE
These general conditions of sale (hereinafter the “GTC”) govern the distance sale of writing instruments of the DIPLOMAT brand (hereinafter the “product (s)”), carried out through the intermediary of the website accessible from the following URL: www.diplomat-pen.com (hereinafter the « Site”),
DIPLOMAT Deutschland GMBH Located Erlenweg 14 – 02733 CUNEWALDE – GERMANY Registered with the Trade and Companies Register under number HRB 35 592
Individual identification number in the event of VAT liability: DE815641964
Customers who are natural persons, of legal age residing in the countries, placing orders for products for their personal needs and having the status of consumers within the meaning of the Consumer Code.
(hereinafter the “Client (s)”).
These general conditions of sale are exclusively applicable to orders for products from Customers residing in the European Union.
The Customer declares to have read these general conditions of sale before placing an order. Any product order made on the Site implies unreserved acceptance of the GTC by the Customer.
ARTICLE 2 – ENTRY INTO FORCE
The GTC are applicable to all orders from the date of their posting. They cancel and replace all previous general conditions of sale.
The GTC can be modified at any time by DIPLOMAT. The entry into force of a new version of the T & Cs corresponds to the date on which this version is posted on the Site. Any new version of the GTC will therefore be applicable to any order placed subsequently to their posting online.
ARTICLE 3 – ORDERS
For any first order on the website of the company www.diplomat-pen.com, the Customer must follow the registration procedure indicated during the validation of his order.
For all subsequent orders on the Website, www.diplomat-pen.com, the Customer must identify himself with his email address and password during the ordering procedure or from the section of the site called “My account” .
If the password is lost or forgotten, the Customer can click on the “Forgot Password?” Link on the identification page. They will then receive their password at the email address they provided when registering.
By clicking on the “Buy” button during the ordering process, and after having checked in his “Basket” the contents of the order and, if necessary, to have modified it, the Customer definitively confirms his order and declares to accept fully and without reserve the entirety of these General Conditions of Sale.
Once the order has been placed on the site www.diplomat-pen.fr a confirmation email will be sent to the Customer and the order recorded. From the section of the site called “My account”, the Customer, once identified by his email address and password, can access the summary of each of his orders and the related invoice, to be downloaded in PDF format.
ARTICLE 4 – PROOF OF TRANSACTION
The computerized registers, kept in the computer systems of DIPLOMAT under reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties.
The Customer will receive, from the payment platform …, a confirmation of payment to the email address indicated.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
ARTICLE 5 – PRODUCT INFORMATION
DIPLOMAT presents on its site the products for sale with the necessary characteristics in accordance with Article L.111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order is taken the essential characteristics of the products. that he wants to buy.
5.2. AVAILABILITY OF STOCKS
The sales offers presented on the Site are only valid while stocks last.
In the event that the ordered product is unavailable, DIPLOMAT will inform the Customer of this within a maximum of 2 working days, and may offer him a product of equivalent quality and price. If the Customer disagrees, DIPLOMAT will reimburse the sums paid, within a maximum period of 14 days.
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
ARTICLE 6 – PRICE
The prices of the products are indicated in euros all taxes included. Transportation is included; except for orders less than 50.00 € incl. The additional shipping costs, possibly applicable, are indicated before validation of the order by the Customer.
The price is payable in full and in a single payment when ordering. No deposit or down payment will be accepted. All orders are invoiced in euros and payable in euros.
DIPLOMAT reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of validation of the order by the Customer.
ARTICLE 7 – TERMS OF PAYMENT
To pay for his order, the consumer can choose from the following payment methods:
By credit card, indicating directly in the zone provided for this purpose (entry secured by SSL encryption – “Secure Socket Layer”), its card number without space between the figures, its validity date, as well as its control code. Before validating his method of payment, and continuing his order, it is preferable that the Customer carefully checks the figures he has entered in the areas provided for this purpose. Purchases made on “www.diplomat-pen.com” comply with the 3D-Secure standard. 3D-Secure is a protocol developed by international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) to strengthen the security of online payments. This protocol is based on the implementation of an additional control during an online purchase: in addition to the bank details, the buyer is invited to enter data allowing his bank to identify him and validate the transaction. .
Through the Paypal solution if the Customer opens or has a Paypal account
The Customer guarantees to DIPLOMAT that he has the necessary authorizations to use the chosen method of payment, when validating his order.
Note: The order will only be shipped on condition that DIPLOMAT has previously obtained the authorization to debit the account concerned from the payment centers concerned. Otherwise, DIPLOMAT reserves the right not to take the order into account and to refuse delivery.
DIPLOMAT also reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully paid a previous order or with whom a payment dispute is in progress.
ARTICLE 8 – TERMS OF DELIVERY AND MONITORING OF PACKAGES
The products are delivered only in the European Union, to the address indicated by the Customer when ordering.
8.1. DELIVERY TIMES AND SHIPPING COSTS
For all orders under 50.00 € incl. VAT, the shipping costs are 10€ incl. VAT.
8.2. DELIVERY TRACKING
For any delivery, the Customer immediately receives an email informing that his product has been taken care of by the carrier and can track the delivery of his package at any time, using the tracking number provided in the same email.
8.3 DELAYS OR LACK OF DELIVERY
However, as with any shipment, there may be a delay in delivery or the product may get lost. In the event of a delay in delivery compared to the date indicated in the dispatch email, the Customer is requested to report this delay by email to DIPLOMAT (www.diplomat-pen.com) who will then contact the carrier so that a investigation be conducted.
DIPLOMAT declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or a case of force majeure.
ARTICLE 9 – DELIVERY AND VERIFICATION ERRORS OF THE PRODUCTS
It is the Customer’s responsibility to check the number and condition of the products upon receipt and to make any reservations or complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears traces of deterioration. In the event of damage or missing items, the Customer must make the usual reservations with the carrier within the legal period of three working days from delivery. The Customer must then inform DIPLOMAT within 7 days.
The consumer must make to DIPLOMAT, at the following address: www.diplomat-pen.com or directly from the “my account” section, within 7 days, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the indications appearing on the order form.
In the event of a delivery error and / or non-compliance, the Customer must:
Send an email to www.diplomat-pen.com or directly from the “my account” section, indicating precisely the error, the order reference, as well as its contact details. To be accepted, any return must be notified in advance by e-mail to the seller’s Consumer Service. Proof will be requested.
Duly complete the “return slip” available in the “my account” section.
Program with DIPLOMAT a date of collection of the package as a whole and in its original packaging, at the following address:
DIPLOMAT Deutschland GMBHErlenweg 14 – 02733 CUNEWALDE – GERMANY
The package must be accompanied by the delivery slip, the duly completed return form, and the printed invoice. The return costs are the responsibility of DIPLOMAT, a pre-franked TNT voucher will be sent by e-mail to the Customer who will have to print it and stick it on his parcel.
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release DIPLOMAT from any liability vis-à-vis the consumer.
ARTICLE 10 – COMMERCIAL GUARANTEE
The products supplied by the company DIPLOMAT are new and guaranteed against any manufacturing defects or defects for a period of 5 years from the date of delivery. This warranty covers any defect due to a defect in material or workmanship, provided they are found under normal conditions of use.
This warranty does not cover:
any damage resulting from normal wear and tear of the pen,
any damage resulting from a lack of maintenance, an obvious lack of care, improper use (for example, a parted or crushed feather),
any damage caused by an external event such as a shock or a fall on a hard surface,
any damage resulting from modifications or repairs carried out by the customer or by an unauthorized third party.
During this warranty period, the Customer may obtain the replacement or repair of the product, recognized as defective by customer service, within a maximum period of 30 days from receipt by DIPLOMAT of the defective product.
The consumer must make his request to DIPLOMAT, at the following address: www.diplomat-pen.com
The product must be returned by the Customer in its original packaging and accompanied by the corresponding invoice, to the following address:
DIPLOMAT Deutschland GMBH After sales Service
The cost of returning the defective product will remain the responsibility of the Customer.
The exchanged products benefit from the guarantee for the remaining period.
In the event of a refund, it will be made by transfer to the Customer’s bank or Paypal account within a period of less than or equal to 30 days following the date of receipt of the returned product. No cash on delivery will be accepted, whatever the reason.
The stipulations of this article do not prevent the Customer from benefiting from legal guarantees or the right of withdrawal.
ARTICLE 11 – LEGAL GUARANTEES
Apart from the 5-year commercial guarantee, all DIPLOMAT products are covered by the legal guarantee against conformity defects in accordance with the provisions of the Consumer Code and by the legal guarantee against hidden defects in accordance with the provisions of the Civil Code.
ARTICLE 12 – RIGHT OF WITHDRAWAL
In accordance with legal provisions, the Customer has a right of withdrawal which he can exercise without cause within 14 clear days of receipt of the product.
Thus, the Customer may, without having to justify any reason or pay penalties, return the product and obtain its exchange or reimbursement of the amount of its invoice up to 30 clear days from receipt of the product.
Within this period, the consumer may return, by parcel, the product which must be in its original packaging, with all its accessories (case, cartridges, guarantees, instructions for use and documentation) and accompanied by the return slip to complete and available in the section of the site called “My account”, at the following address:
DIPLOMAT Deutschland GMBH After sales Service
The shipment must take place within 30 days, the postmark or other tracking number as proof. The returned product must not have been the subject of prolonged use (beyond a few minutes), exceeding the time required for a test, which could compromise its resale.
Return costs resulting from the exercise of the right of withdrawal and the risks of return are the responsibility of the consumer.
Consequently, the postage must be sufficient, to avoid any penalty on receipt. Otherwise, the penalties will be deducted from the refund. Cash on delivery packages are systematically refused.
The refund will be made by transfer depending on the Customer’s method of payment, to his bank or Paypal account, within a period of 14 days or less following the date of exercise of the right of withdrawal.
ARTICLE 13 – FORCE MAJEURE
The performance of all or part of DIPLOMAT’s obligations will be suspended in the event of the occurrence of a fortuitous event or a case of force majeure which would prevent or delay its performance.
The following are considered as such, without this list being exhaustive:
blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning.
the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
DIPLOMAT will notify the Client within ten working days of the date on which it becomes aware of it, by e-mail. DIPLOMAT and the Client will then approach each other, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued or if the Client decides to terminate the contract. DIPLOMAT then undertakes to reimburse him for the sums paid within thirty days of notification by registered mail of his desire to terminate the contract.
ARTICLE 14 – VALIDITY
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity. strength and scope.
ARTICLE 15 – LAW AND COMPUTER FREEDOMS (PROCESSING OF PERSONAL DATA)
All customer data is stored and used by DIPLOMAT only, in accordance with the Data Protection Act of January 6, 1978 and European regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data. personal character and the free movement of such data.
The data controller is DIPLOMAT SAS. Personal data is intended for the staff of DIPLOMAT SAS as well as the staff of any subcontractor companies in charge of processing all or part of the order (especially carriers).
DIPLOMAT exclusively uses the data communicated by the Customer during the creation of his account and the validation of his order for its preparation and its follow-up.
Customers who have expressly agreed to receive information from DIPLOMAT SAS by checking the box provided for this purpose when creating their account, may receive information emails and promotional offers from DIPLOMAT.
DIPLOMAT does not transmit personal data, including postal address and e-mail address to business partners without the Client’s consent.
In accordance with legal provisions, Customers have the right to access, rectify, oppose and delete personal data concerning them collected by the Company DIPLOMAT SAS.
To do this, simply send an e-mail to the following address “www.diplomat-pen.com” or a post to:
DIPLOMAT Deutschland GMBHMarketing Department
DIPLOMAT takes the necessary security measures to protect the data in its possession against accidental or deliberate manipulation, loss, destruction and against access by unauthorized persons. However, DIPLOMAT cannot guarantee perfect security when exchanging data on the Internet: any action taken by the Client is at his own risk.
It is the responsibility of the site user to take all appropriate measures to protect their own data and / or software from contamination by any viruses circulating on the Internet. Pilot declines all responsibility for any damage that may occur while viewing the site.
ARTICLE 16 – APPLICABLE LAW – SETTLEMENT OF DISPUTES
These general conditions and the contracts concluded within their framework are subject to German law. In the event of a dispute or complaint, the Customer will first contact DIPLOMAT to obtain an amicable solution.