1. Legal information
The website www.divine.fr is published by M.B.A.SAS a Société par actions simplifies under French law, with a share capital of 88 000€, registered in the Registre du Commerce et des Sociétés de Saint-Malo under the number 328 015 318 and whose registered office is located at 32 rue de la Paix - 35800 Dinard –France
Director of Publication: Yvon MOUCHEL, in his capacity of CEO.
The website www.divine.fr is hosted by MK MULTIMEDIA whose registered office is located at 6 Rue Volta - 94140 Alfortville – France
Telephone: +33 1 84 23 04 28
2. Intellectual property
The website www.divine.fr constitutes an intellectual work that is protected by intellectual property laws.
DIVINE owns all rights, title and interest in and to this website.
The site and its entire contents, including trademarks, photographs, text, slogans, drawing , images, animated sequences both with and without sounds as well as all works included in the site are the property of DIVINE or of third parties that have authorized DIVINE to use them. These elements are protected by national and international intellectual property laws.
Any reproduction or representation of the site or of any of its elements, in full or in part, by any means whatsoever, without express authorization of DIVINE, is prohibited.
Installation of hypertext links to the DIVINE site requires advance and written authorization by DIVINE.
DIVINE disclaims all responsibility for the content of any sites which link to www.divine.fr
3. Responsibility limits
Users of the Website www.divine.fr acknowledge that they have the skill and facilities necessary to access and use this Website.
Users of www.divine.fr acknowledge having checked that the computer configuration used does not contain any virus and that it is in perfect working order
DIVINE will make the best efforts to ensure the reliability, accuracy and updating of the information supplied on this site. Nevertheless, DIVINE does not in any way warrant the accuracy, precision, or exhaustive nature of the information made available on this site. DIVINE also declines any responsibility for any lack of precision, inaccuracy or omission bearing on information available on the site and more generally in connection with any damage, direct or indirect, whatever the causes, origin, nature and consequences thereof may be, caused because of access of any party whatsoever to the site or due to the impossibility of accessing it, as well as use of the site and/or the credibility attached to any information and documents herein published
4. Informatique et Libertés
Pursuant to the French privacy law of 6 January 1978 (n°78-17 pertaining to information processing, files and freedoms), the company has reported to the national
board of information processing and freedom (the « CNIL ») that it is processing identifying information collected on the Site.
The Customers are required to provide identifying information on the “contact” and/or “order” pages. That information will be kept strictly confidential. DIVINE will
process this information only in the purposes of processing the request.
The Customer has the right to access, amend, rectify and delete personal data collected. To exercise this right, the Customer may send an email or a postal letter
to the following address:
32, rue de la Paix
The identifying information collected on the site may also be used by DIVINE for the purposes of sending information concerning DIVINE’s products and activities. The Customer is entitled to refuse such communication either by expressing his refusal by postal mail or email.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale are MBA, Société par Actions Simplifiées with a capital of 88 000€ euros, whose head office is located 32 rue de La Paix -35800 Dinard (France), registered in the Saint-Malo Trade and Companies Register under the number 328 015 318, Intracommunity VAT number FR 75 328 015 318.
These General Terms and Conditions apply to the sales accomplished by individuals (hereinafter, the « Customer ») via the website www.divine.fr or its derivative addresses (hereinafter, the « Site »).
Consumers who want to buy on the site claims to have full legal capacity
DIVINE sells to individuals browsing the site fragrances and skin care products (hereinafter referred to as the « Products »). It is specified that the Products are meant exclusively for the Customer’s personal use. In this connection, the Customer is reminded particularly that the same user may not order more than 9 products.
For the application of this agreement, it is agreed that the Customer and DIVINE will jointly be referred to as the « Parties » and individually as a « Party ».
By placing an order for a Product on the Site, the Customer acknowledges that he has read these General Terms and Conditions of Sale and accepted them unreservedly. No signature will be required from the Customer for this acknowledgement to be valid.
It is specified that the Customer may save or print these General Terms and Conditions of Sale, as long as he does not amend them.
These conditions do not intend to and may not result in Customers from the European Union being deprived of the compulsory legal requirements specified by the laws of their own countries. If any of the provisions of these conditions should prove the infringe on a compulsory point of law from which the Customer benefits under his national legislation, such provision will not apply to that Customer, though all the other provisions will remain in force.
The Customer must also unreservedly agree to the conditions of use of the site.
These General Terms and Conditions of Sale define the procedure by which DIVINE will sell Products to the Customer and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.
They define all the stages required for placing the order and they monitor this order between the Parties.
DIVINE presents on the Site the Products for sale and their detailed descriptions, in Product description.
DIVINE will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of color and design. However, DIVINE may not be held liable for inaccurate representation of the Products on the website.
DIVINE reserves the right at any time to amend or no longer market the Products offered on the Site, however such amendments will have no effect on order that DIVINE has already accepted prior to implementing such amendments within the limit of the available stocks. If a Product is not available (either temporarily or permanently), the Customer would be notified as soon as possible by mail, telephone or email and would have the opportunity to confirm a partial order or to cancel his order.
All prices are shown in Euros (€).
The applicable prices are those that are shown on the Site at the time which the Customer places his order, unless a printing error occurs. These prices do not include shipping costs and any costs or duties associated with shipping.
DIVINE reserves the right to alter its prices at any time without prior notice. Such change, however, will not affect orders that DIVINE accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
Payment is in Euros only.
3.1 Ordering options
The Customer is free make changes or cancel his/her order until he/she has confirmed it definitively (see 6 below).
- Step 1/ Click on the icon “add to basket” next to each of the products selected.
- Step 2/ View your order by clicking on “basket” at the bottom left-hand corner of the screen.
- Step 3/ Validate your order by clicking on “next”.
- Step 4/ Type in your details by filling in the “billing address” and “delivery address” boxes.
- Step 5/ Select your mode of payment.
- Step 6/ Final verification and confirmation of order.
- Step 7/ Payment.
NB : The Customer may order by telephone (+33) (0)2 99 46 56 41 Monday to Saturday between 10am 1pm and 2.30pm to 7pm, by fax (+33) (0)299 88 06 35, or by post to DIVINE – 32 rue de La Paix – 35800 Dinard
3.2. Confirmation of order
Once payment has been validated, a summary of all the details of your order will be displayed, along with your order reference number. A copy will be sent to you automatically to the email address given on the order form.
3.3 Our contract
￼It is understood that the contract between the Parties, consisting of details of the dated order on the website www.divine.fr and dated emails confirming the order, consist of proof of transactions between DIVINE and the Customer.
The total payment due by the Customer is the amount shown on the summary displayed at the final stage of the order, and sent by email by DIVINE to the Customer. The amount is payable upon confirmation of the order. No order will be dispatched until DIVINE has received confirmation from the banking establishment that payment has been made.
Payment options for the Customer’s order are shown upon confirmation of the order:
- Credit/debit card payment by internet. Cards accepted: Carte Bleue, Visa, Mastercard. Online payments use the protocol SSL which provides maximum security. All details are encrypted.
- By cheque from a French bank account, with the amount entered in euros. The cheque should be made out to “DIVINE” and sent to the following address: DIVINE – 32 rue de la Paix – 35800 Dinard – France
The order will be dispatched as soon as the cheque has been cleared.
- By bank transfer. The transfer should be made to the following bank account, citing the reference number of the order.
Name and address of receiving account holder: M.B.A. SAS - 32 rue de la Paix - 35800 Dinard – France
International Banking Account Number (IBAN): FR76 1360 6000 3403 4230 8500 062
CREDIT AGRICOLE D'ILLE ET VILAINE - Agence de Saint Malo / Rocabey
9 boulevard de la République -35400 SAINT MALO - France
Payment by SWIFT : AGRI FR PP 836
FR76 1360 6000 3403 4230 8500 062
￼DIVINE reserves the right to refuse to accept an order, or to cancel an order from a person in litigation, has not paid the total or partial amount for the product he/she has ordered either for the current order or previous purchases of DIVINE products, or whose bank has refused a card transaction.
5.1 Shipping costs
Shipping costs will vary according to country of destination :
- France: 7€
- European Union and Switzerland: 12€
- Other countries: 20€
5.2 Details of delivery
The items ordered by the Customer will be dispatched to the address given by the Customer in the box on the order form marked “delivery address”. If this box has not been completed, the order will be sent to the address entered in the box marked “billing address”.
Deliveries by post are handled by La Poste (Colissimo Expert France and Colissimo Expert International).
In the case of the Customer or Recipient of the items not being at home when delivery is made, the package(s) will be taken to the post office nearest the delivery address and a note will be left at the delivery address stating that the package(s) may be collected from the post office during working hours within a period of 15 days.
The post office will hold the package for fifteen (15) days from the date of its initial delivery to the address of the Recipient.
In the case of delivery being put in the hands of a third party, DIVINE cannot be held responsible for non-delivery or any wrongly executed task associated with delivery if the Customer or a third party to the contract has made such an arrangement. DIVINE cannot be held responsible for delays or non-delivery due to a force majeur.
5.3 Delivery times
DIVINE will do its best to ensure that the orders are sent within an average of 2 days from receiving clearance for payment of the order. During periods of national holidays an extra day should be added to the delivery time.
In all cases, according to article L.121-20-3 of the Code de la consommation français, the order will be dispatched within a maximum of thirty(30) days from the day after the Customer confirmed his/her order, on condition that the purchase price has been paid in total.
As a guideline, these are the usual times taken by La Poste to deliver:
France: 2 working days from date of posting
International: 4 to 8 working days from date of posting
NB: Sundays and Bank Holidays are not considered to be working days.
Delivery times are likely to vary according to the destination.
5.4 Delayed delivery
In the case of a maximum delay of thirty (30) days without the order having been dispatched, the Customer may cancel his/her order in writing by registered post to the following address:
DIVINE - 32, rue de la Paix -35800 DINARD – France
From the day of reception by DIVINE of the letter sent by the Customer, and if the order has not arrived in the meantime, DIVINE will proceed with crediting the amount previously debited to the bank account with no further compensation.
In the case of partial delivery (a multiple order may be sent in several dispatches), the Customer may not cancel the rest of the order after the first package has been received.
Any delay in delivery should be notified as soon as possible by the Customer by email to firstname.lastname@example.org so that Divine can make inquiries at La Poste. The Customer should be informed that the length of time an inquiry may take is uncertain. DIVINE is not able to control the inquiry.
If the package is found during the course of the inquiry, it will be re-directed to the address specified in the order made by the Customer.
If, at the end of the inquiry, the package containing the order has indeed been lost, DIVINE will replace the items and send them again at its own expense, or, in the case of the items being definitively unavailable, will credit the Customer for the amount paid for the goods including the postage costs, in compliance with the general rules of sale
5.5 Reception of goods
Each delivery is dispatched by La Poste to the Customer according to availability. It is up to the Customer to check the contents immediately on delivery.
In the event of delayed delivery, breakage or absence of a product ordered, the customer should mention precise details on the delivery note upon reception, and send a registered letter to La Poste confirming the details within 3 days of reception.
A letter stating the facts should also be sent to DIVINE within the same time limit and include a copy of the letter sent to La Poste. The letter should be sent to:
DIVINE - 32, rue de la Paix - 35800 DINARD – France
Any complaint sent later than the stated time limit or not within the required form will not be accepted by DIVINE, who shall be exonerated of all responsibility.
6. RIGHT OF RETURN
￼The Customer has the right to return the goods within a seven (7) day period after receipt of goods. To qualify for reimbursement the Customer must return the goods at his/her own expense, in the original packaging, with the goods in perfect condition, unopened and unused, to the following address: DIVINE – 32, rue de la Paix – 35800 Dinard.
DIVINE undertakes to reimburse the Customer the amount debited on his\her bank account for the order within thirty (30) days from the date the return has been made, on condition that the above conditions have been met.
7. CONFORMITY AND GUARANTEE OF PRODUCTS
Our products are subject to the conditions and guarantees according to French law.
32 rue de la Paix
DIVINE, as professional seller, guarantees that its products conform to the usage for which they are designated, and that they do not contain any hidden defects rendering the products dangerous or inappropriate to their designated use.
In the case of any product being defective, the Customer should contact DIVINE’s Client Service by email to email@example.com or by post to:
DIVINE’s Client Service will advise the Customer of what actions he/she should take.
The products must be returned in good condition and in their original packaging, and include a copy of the invoice.
DIVINE will not accept packages sent with delivery charges to be paid on arrival.
Any delay associated with posting the products to be returned is to be borne by the Customer.
On receipt of the product(s) deemed to be defective, DIVINE will examine the product(s) as soon as possible. If the defect is confirmed, DIVINE will proceed in making the reimbursement of the product(s) by crediting the bank account used by the Customer when he/she made the order, within a period of thirty (30) days from receiving the product(s), including the amount charged for postage for the initial order.
Once DIVINE has put the package in the hands La Poste, the latter is thenceforth responsible for delivery.
DIVINE is not responsible for any problems associated with use of the internet, interruption of service, malicious programmes or computer viruses.
Without restriction on the scope of the clauses above, DIVINE’s responsibilities cited in this document concerning reimbursement, may not exceed the amount paid or payable on confirmation of the purchase engaged upon by the Customer with DIVINE, which constitutes a contract between the parties, whatever be the nature of the measures taken.
DIVINE is not responsible for any non-fulfilment of any of the obligations mentioned in these terms and conditions, in the event of a
9. LEGAL CLAUSES
In accordance with the law n° 78-17 dated 6th January 1978 amended, concerning data protection; www.divine.fr has registered a declaration to the Commission Nationale de l’Informatique et des Libertés (www.cnil.fr) number 1374057.
The user of the Site is informed that according to article 32 of the law n° 78-17 dated 6th January 1978 amended, concerning data protection, the information submitted via the Site is required solely by DIVINE, in order for DIVINE to carry out its administrative and commercial management responsibly.
The user may receive emails and/or letters from DIVINE containing information about new products or other information. The user has the right to refuse any such communication.
The user is also informed that he/she has the right of access to the DIVINE site, for queries or to make changes to or delete his/her personal information.
These changes may be sent by post or email to:
32 rue de la Paix
9.2 - FORCE MAJEURE
Neither of the parties can be held liable for the non-fulfilment of their obligations if such non-fulfilment is due to a natural disaster or a Force Majeure such as flood, fire, storm, absence of raw materials, transport strike, general strike or lock-out. The party affected by such events should inform the other party as soon as possible if one of the above events affects them, within a maximum of five (5) days from the day of the event taking place.
Both parties convene to try and find a solution in order to deliver/receive the order in the case of a Force Majeure.
If a Force Majeure has a duration lasting for more than one (1) month, and DIVINE cannot fulfil the order, DIVINE will be liable to reimburse the sum paid by the Customer in full.
9.3 – PARTIAL VALIDATION
If one or several stipulations of the general conditions of sale herein become invalid, or are declared as such, concerning the application of a law, a payment, or following a definitive and bona fide amendment of a law, the remaining stipulations remain valid.
9.4 – MODIFICATION OF GENERAL TERMS AND CONDITIONS
DIVINE retains the right to modify the general conditions of sale mentioned herein. Any such changes will be made on the Site and will replace any previous conditions of sale.
9.5 – THE CONTRACT
The general conditions of sale herein together with the confirmation summary of the order sent to the Customer constitute the integrality of the contract between the parties.
9.6 – APPLICABLE LAW – LITIGATION
The law applicable to the general conditions of sale and pertaining purchase herein is French law, and excludes the Vienna Convention on the points of international contracts for the sale of merchandise.
Any difference of opinion pertaining to validity, interpretation or execution which is not settled out of court will be taken to court and settled by the application of common law.
la compétence sera déterminée par application du droit commun.