The website www.dicekayek.com (hereinafter, the “Site”) is an information and e-commerce site accessible via the Internet to all Internet users (hereinafter, "Web Surfers"). The site has been developed and managed by ALECA Sarl (hereinafter "Dice Kayek"), (Société par Actions Simplifiée) with share capital of 16,388.27 euros, head office located at 23, rue Molière - 75001 PARIS, and registered with the Trade and Companies Registry of Paris under the number 413 187 204 – APE 4642Z. EU VAT number: FR79 41 31 87 204
The Site enables Dice Kayek to offer for sale clothing and accessories made by and/or for Dice Kayek for all Web Surfers who connect to the Site (hereinafter, the "User(s)"). For the purposes hereof, the User(s) and Dice Kayek are referred to collectively as the "Parties" and individually the "Party", and any User who confirms an order is referred to as the "Buyer". The rights and obligations of the User(s) necessarily apply to the Buyer(s).
The Products are intended for personal use by the User, and not directly intended for the latter’s professional use. In this respect, we call the User’s attention to the fact that the User may order a maximum of three (3) Products with the same catalog reference. Any order for more than that maximum number cannot be accepted.
The present terms and conditions of sale (hereinafter the “Terms and Conditions of Sale”) apply to all territory where sales are available.
Any Product ordered via the Site presupposes having read and expressly agreed these terms and conditions of sale by clicking in the box next to the phrase "Please check this box to confirm you have read and agreed the Terms and Conditions". In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " Please check this box to confirm you have read and agreed the Terms and Conditions " after reading them, in the same manner as confirming the order form as described in clause 3.3 below, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
The User may save or print these Terms and Conditions of Sale, provided they are not modified in any way.
Dice Kayek reserves the right to modify at any moment the Terms and Conditions of Sale by publishing a new version on the Site. The Terms and Conditions of Sale are those that are put in place on the date the purchase is made.
1 - PURPOSE
The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Site.
They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.
This document, in the version in force on the date the purchase is made, is the sole document applicable to the relationship between the Parties; it cancels and supersedes any other document.
2 – A/ PRODUCTS
The Products offered for sale by Dice Kayek. are those featured on the Site, on the date when the User consults the Site and insofar as the Products are available in stock.
Should any Product be out of stock, the Buyer will be informed as quickly as possible.
The photographs and texts illustrating the Products are non-contractual. Dice Kayek cannot be held responsible for erroneous photographs or texts.
2 – B/ PRICES
Prices are posted in Euros all taxes included and are valid for European-Union, except United-Kingdom. They include any reductions applicable on the order date. The VAT is the one in force on the French territory on the order date.
All orders placed through the Site for delivery outside France may be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of an article are borne by the Buyer, who assumes the payment obligation. Dice Kayek. is not obligated to verify and inform the Buyer of any applicable customs duties or taxes.
The prices posted on the Site are guaranteed on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission.
Prices do not include delivery expenses which are billed in addition, the User being informed thereof upon final confirmation of the order.
Dice Kayek reserves the right, and the User accepts, to change the prices at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.
3- A/ ON-SITE NAVIGATION
The User can view the various Products offered for sale by Dice Kayek. on the Site.
The User may navigate freely on the pages of the Site with no commitment to purchase via an order.
3 – B/ ORDER REGISTRATION
If the User wishes to place, he/she chooses the desired Products and signals his/her interest by clicking on "add to basket".
The User may at all times:
obtain the list of Products selected by clicking on the shopping basket;
continue or change the selection of Products by returning to the catalogue
confirm his/her order by clicking on "Proceed to check out".
To order the selected Products, after clicking on "Order", the User must identify him/herself
by entering his or her email address and password chosen when opening the personal account if he/she possesses one. The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his or her identity and consent;
if the User does not possess any personal account, by entering his/her email address and filling out accurately the form provided, with all information necessary to identification and to the delivery of the order (particularly his/her name, first name, postal address, phone number). In this case, the User will have a choice to open a personal account (by indicating a chosen password which will be treated as personal and confidential, which will be needed in the future for identification to access the Site), or to place his/her order as a guest, without opening any personal account. In the latter case, the User’s personal information will not be kept by Dice Kayek and the User will be able to keep track of his or her order only through the link provided in the confirmation of dispatch email.
Once the User is identified, the delivery address must be confirmed (as laid down in clause 4 below), then an order form will appear onscreen, restating: the nature, quantity and prices of the User's chosen Products, as well as the total amount of the order, postages charges, the User's personal information and the address for delivering the Products.
3- C / FINAL CONFIRMATION OF THE ORDER
After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear. After having taken note of this summary, and before proceeding with the payment, the User will read carefully the Terms and Conditions of Sale, and click in the box next to the phrase "Please check this box to confirm you have read and agreed the Terms and Conditions ".
To access to the secure payment website, the User clicks on the type of card used for payment in order to confirm the order definitively. The User must then enter the number of his or her bank debit or credit card, according to type, the date of expiration and the three-digit security code on the back of the credit card.
The secure electronic payment platform‘s server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. At no time are the User's banking data transmitted to the Dice Kayek. information systems. As a consequence, Dice Kayek is free from any and all liability in that respect.
As soon as payment is validated, the order is placed and becomes irrevocable. The order form will be registered in the Dice Kayek information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.
In accordance with clause 5 below, the Buyer is entitled to retract his or her order and to be reimbursed for a period of fifteen (15) business days starting from the day of reception of the Products by the Buyer.
3 – D / CONFIRMATION OF THE ORDER
A summary order receipt will appear onscreen once the order is confirmed.
This serves as confirmation and restates all the information which constitutes the agreement between the two.
A document restating all this information, being equivalent to an acknowledgment of receipt, will also be sent to the Buyer via email to the email address provided by him/her. This document will mention the tracking link of the order, enabling the Buyer to keep track of its progress.
The Buyer having placed his/her order through the creation of a personal account will then have access to his or her order as well as to his/her information in its entirety by clicking on "Your account" and by filling out his/her mailing address and password.
4 - DELIVERY
Delivery times and shipping methods:
Dice Kayek will do its best to ensure that the order is prepared and dispatched within an average timescale of one (1) to five (5) working days from the day after the order is confirmed by the Buyer.
The delivery time shall be different for shipments (depends the country).
Countries to which goods are delivered
The Products ordered by the Buyer will only be delivered to the following countries:
Algiers, Austria, Australia, Argentina, Azerbaijan, Bahrain, Belgium, Bosnia, Botswana, Brazil, Bulgaria, Canada, Chile, Colombia, Cote d’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Equatorial Guinea, Finland, France, Gabon, Germany, Greece, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Macau, Malesia, Malta, Mauritius, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Oman, Panama, Paraguay, Peru, Poland, Porto Rico, Portugal, Qatar, Romania, Russia, Saudi Arabia, Senegal, Seychelles, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Tanzania, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Uruguay, USA, Vietnam, Zanzibar to the address indicated on the order form by the Buyer.
Delay / no delivery:
However, as for any shipment, it is possible that there could be a delay in delivery or that the product is lost. If there is a delay in delivery the Buyer must inform Dice Kayek Customer Services. This may be done by telephone on +33 1 40 26 37 68, or by e-mail to [email protected] Dice Kayek will send the information to Delivery Company to trigger the start of an investigation. If the product is found during this investigation, it will immediately be redirected to the address of the Buyer (in most cases). If on the other hand the product is not found during the investigation, Delivery Company will consider the parcel to be lost. If this is the case, Dice Kayek will send you a replacement product at its expense. If the lost product(s) are no longer available at this time, Dice Kayek will reimburse you for the cost of these products. Dice Kayek takes no responsibility for extension to delivery times due to the carrier, particularly in cases of loss of products or strikes.
Reception of the order:
When receiving the order, the Buyer check the conformity of the Products received in execution of his or her order.
Any anomaly relating to delivery (damage, non-conformity, product mentioned on the delivery form missing, damaged parcel, broken products, etc.) is noted on the delivery form as “handwritten reservations” accompanied by the signature of the Buyer. The Buyer must confirm this anomaly by sending the carrier a Special Delivery letter detailing the said claims within two (2) working days following the delivery date. The Buyer must send a copy of this letter by email to [email protected]
Except if there is a legitimate reason, any claim not brought to Dice Kayek’s attention within 21 days following the day of reception of the Products will be considered as inadmissible and Dice Kayek will be free from any and all liability in that respect.
Dice Kayek reserves the right to ask the Buyer to send the non-conform or damaged Product back.
In case of abnormal or abusive returns, Dice Kayek reserves the right to refuse to honor a later order.
In order to protect our clientele from possible fraudsters, Dice Kayek reserves the right to perform checks on addresses and identity for some orders. The aim of these checks is to verify the compliance between the identity of the cardholder and the identity of the buyer and his/her billing address. Dice Kayek wishes to ensure that the client is truly the person placing the order and not a fraudster who has wrongfully obtained these bank details. In this context, Dice Kayek reserves the right to set up a 3D-Secure security device.
5 - RIGHT OF WITHDRAWAL
The Buyer is entitled to a delay of fifteen (15) business days counting from the date he/she acquires physical possession of the Products to exercise his/her right of withdrawal, without giving any reason.
The Buyer notify Dice Kayek his/her decision to withdraw by way of an unequivocal statement addresses by email to [email protected]
Dice Kayek will send him/her without delay by email an acknowledgement of receipt of the withdrawal.
The Buyer will have to return the Products, at his/her own expense, in their original packaging and packing and as new (unworn, unwashed, with their label and materials tag intact), to the following address:
ALECA – Dice Kayek, 23 rue Molière, 75001 Paris (France)
without undue delay and in any event not later than fifteen (15) days from the day on which he/she has communicated his decision to withdraw.
The Buyer shall not be liable for any diminished value of the goods resulting from the handling of the goods necessary to establish the conformity of the Products to his/her expectations.
The return notice available on the Site (blank form, or prefilled return notice available in the Buyer’s personal account), duly filled and printed, shall be sent together with the Products.
Upon fulfillment of the above conditions, Dice Kayek will reimburse the amounts paid by the Buyer (including delivery charges) without undue delay and in any event not later than fourteen (14) days starting from the date where Dice Kayek receive the product in the perfect state.
Dice Kayek will proceed with the reimbursement using the same payment method as the one used by the Buyer for the initial payment or Bank Transfer (the customer must provide a IBAN) unless the Parties agree on a different payment method. In any event, the Buyer will not bear any expenses due to this reimbursement.
6 - GUARANTEES
All our products benefit of a legal guarantee, abiding that the use of said products was normal and that instructions be adhered to.
Article L211-4 of the French Consumer Code
The vendor is obliged to deliver goods that are in adherence to the contract and to answer to defects that do not adhere to conformity existing when said product is delivered.
The vendor also answers to defects that do not adhere to conformity resulting from packaging/packing, assembly instructions or installation, when he is in charge of it according to the contract or when it is done under his responsibility.
Article L211-5 of the French Consumer Code
To conform to the contract, the goods must:
1° must be suited for the habitual type of usage expected from a similar good:
- Correspond to the description given by the vendor and possesses the quality that the aforementioned presented to the buyer in sample or model form;
- Present the qualities that a buyer could legitimately expect and in relevance to the public declarations made by the vendor, by the producer or by their representative, notably in advertisements or labeling;
2° Or present characteristics defined by a common agreement by the parties or be applied to all special usage sought by the buyer, which the vendor was aware of and accepted.
Article L211-12 of the French Consumer Code
The operation resulting in a default to the conformity has a statute of limitations from two years starting from the delivery of the good.
Article 1641 of the French Civil Code
The vendor is obliged to guarantee in the case of hidden defaults of the product sold which render it improper to the use is destined to, or that it restricts so much that usage, that the buyer would not have purchased it, or would have bought it for a fraction of the price, if he had known they existed.
Article 1648 Paragraph 1 of the French Civil Code
The event that is the result of insurmountable vices must pursue legal action within a two-year delay of the discovery of said vice.
If, despite the care taken by Dice Kayek preparing orders, a Product has a defect, the Buyer has fifteen (15) business days from the date of delivery of the Product, to formulate and describe precisely on the return notice the potential anomalies he/she may has noticed (damaged product).
The stamped package, together with the return notice duly filled, shall be sent,to: ALECA – Dice Kayek, 23 rue Molière, 75001 Paris (France).
Upon fulfillment of the above conditions, Dice Kayek will reimburse the Buyer within thirty (30) days from the date of reception of the package by Dice Kayek.
7 - PAYMENT
Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Visa, Eurocard/Mastercard or American Express, in Euros.
However, Dice Kayek reserves the right to refuse any and all orders or deliveries in the event of (a) surpassing the order thresholds indicated herein, (b) ongoing dispute with the Buyer, (c) Buyer's total or partial non-payment of a previous order, (d) credit or bank card company's refusal to authorize payment, (e) non-payment or partial payment. In all these cases, Dice Kayek cannot be held liable in any manner.
The bank or credit card payment transaction between the Buyer's computer and the secured payment system Paypal, Dice Kayek's partner for online payment transactions, is entirely encoded and protected using the S.S.L. (Secure Socket Layer) procedures.
The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to Dice Kayek subsidiaries. Any missing information will entail the automatic refusal of the order.
Pursuant to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l'Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms). The User has a right to access, modify, correct and delete information concerning him or her. To exercise this right, the User must send an email to: [email protected]
8 – B / COOKIES
While visiting the Site, information about the browsing data received from the User’s terminal (computer, tablet, smartphone, etc.) may be stored in “cookies” installed on the User’s device, subject to choices expressed by the User about cookies. These choices result especially from the User’s browser software settings when visiting the Site, which can be changed at any time. The cookies allow to recognize the device’s browser for the duration of the cookies’ period of validity.
Functions of the cookies issued from the Site
The Cookies issued from the Site are used for the purposes described below:
compile statistics and traffic volume and measure the use of the various sections of the Site (headings and content visited, click streams), which helps to improve the value and usability of the Site’s services;
store information contained in any form filled out by the User on the Site (for registration or account access) or relative to any products, services or information chosen by the User on the Site (subscribed service, shopping cart contents, etc.);
allow the User access to restricted and personalized areas of the Site, such as his/her account, based on user names, passwords and other data the User may has previously given access to;
implement security measures, such as when the User is asked to log in again to contents or a service after a certain period of time.
Such cookies enable the Site to keep only data of a temporary nature from the current session (articles selected, time spent on the Site, etc.). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.
Cookies issued on the Site by third parties
Cookies may be issued by third parties on the Site, allowing them throughout the validity period of such cookies, to:
count the number of visitors of the Site, especially for statistics and/or invoicing purposes;
recognize the User’s terminal at whenever the User subsequently browses any site or service on which these third parties also issue cookies, and potentially adapt these sites and third party services or the advertisements they display, to any browsing data from the User’s terminal to which they may have access.
Choices regarding cookies
Choices available through the User’s browser
The User can configure his/her browser to allow cookies to be stored on his/her data terminal, to reject them automatically or to reject them from certain issuers. The User can also configure his/her browser so that he/she is promptly asked to accept or reject cookies before a cookie is saved to his/her data terminal. In this respect, each browser has a different way of managing cookies and cookie settings. The configuration of the browser is described in its help menu which informs of how to change cookie settings.
It is up to the user of a data terminal to decide whether or not cookies will be accepted on that data terminal. The user is free to make this choice and to modify it at any time through the settings associated with the browser used on the data terminal.
If the browser is set to accept cookies on the User’s data terminal, then the cookies used by the web pages that the User has visited will be stored temporarily in a dedicated space on the User’s data terminal. They will be readable only by the issuer.
If the User chooses to reject cookies on his/her data terminal, or if he/she removes any cookies already stored, he/she will not be able to use a number of features that are necessary to browse certain sections of the Site. For example, this would be the case for access to any of the Site’s content or services that require the User to log in. This is also the case as concerns technical compatibility when the Site cannot recognize the type of browser that the User uses on his/her data terminal, its default language and display or the country from which the User’s data terminal is connected to the internet.
If the browser is set to reject cookies on the User’s data terminal, the Site assume no responsibility for consequences related to the degraded operation of the Site’s services resulting from the Site not being able to store or view the cookies necessary for the full functioning of the Site and services.
8 – C / WEB COUNTER TAGS
Certain pages of this website may contain electronic images or "counter tags", that make it possible to count the number of hits on a page.
Such web counter tags can be used with some of our partners, mainly with a view to measuring and improving the visibility of certain pages.
In any event, information gathered by the web counter tags is strictly anonymous and serve only to compound statistics on the number of hits on a given page of the site, in order to better serve our website Users.
9 – A / LIABILITY
The sole obligation of the Dice Kayek’s Site, concerning Site access, the order process, delivery or later services, is limited to the obligation to provide the means. The Site cannot be held liable for any inconvenience or damage inherent to using the Internet, in particular discontinuation of service, intrusion by an outside party or the presence of computer viruses.
9 – B / FORCE MAJEURE
In the event of total or partial non-performance by Dice Kayek of any one of its obligations hereunder, Dice Kayek shall incur no liability in connection therewith if such non-performance is due to a force majeure event, recognized as such by French case law.
The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.
Should the force majeure event interrupt services for longer than one (1) month, the Parties will be released from their respective obligations.
9 – C / PARTIAL INVALIDITY
Should one or several provisions contained in these Terms and Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.
9 – D / ENTIRETY OF AGREEMENT
These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.
9 – E / APPLICABLE LAW – JURISDICTION
These Terms and Conditions of Sale and the contractual relationship between Dice Kayek and the Buyer are governed by the laws of France. In case of litigation, the French jurisdictions (Tribunaux de Paris) will exclusively be called upon. However, Dice Kayek shall attempt to settle on an amicable basis before any legal action is taken.