Terms of service
FOREWORD
ALECA SARL (hereinafter referred to as “Dice Kayek”) markets ready-to-wear clothing and accessories for women and men worldwide. Dice Kayek sells its products through its Website exclusively to end consumers. Any Order that clearly does not correspond to a retail purchase and, more generally, any fraudulent Order or Order deemed to be fraudulent will be considered null and void by Dice Kayek. Dice Kayek reserves the right to limit the quantity of any item delivered to the same Purchaser or postal address. Before confirming an Order, the Purchaser declares that the purchase of products from the Dice Kayek Website is not directly related to any business activity and is intended strictly for personal use. For the purposes of these Terms and Conditions of Sale, the Purchaser and Dice Kayek are referred to individually as a “Party” and collectively as the “Parties”.
ARTICLE 1 – PURPOSE
The purpose of these Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions of Sale”) is to inform any potential Purchaser of the terms and conditions under which the seller, Dice Kayek, sells and delivers the products ordered and to define the rights and obligations of the Parties in connection with the sale of products by Dice Kayek to the consumer (hereinafter referred to as the “Purchaser”). These Terms and Conditions of Sale apply, without limitation or qualification, to the sale of all products offered by Dice Kayek on its Website, accessible at www.dicekayek.com.
Accordingly, placing an Order for a product offered for sale on the Dice Kayek Website, regardless of the device used, constitutes the Purchaser’s full acceptance of these Terms and Conditions of Sale, which the Purchaser acknowledges having read before placing the Order.
Dice Kayek reserves the right to change these Terms and Conditions of Sale at any time. However, the Terms and Conditions of Sale applicable to the Order are those accepted by the Purchaser when placing the Order.
These Terms and Conditions of Sale are supplemented by the Confidentiality and Cookies Policy.
ARTICLE 2 – COMPANY DETAILS
ALECA SARL, a French limited liability company (SARL) with share capital of €16,388.27, registered with the Paris Trade and Companies Register under number 413 187 204, has its registered office at 23 rue Molière, 75001 Paris, France.
ARTICLE 3 – BASIS OF AGREEMENT AND PLACING OF ORDERS
3.1 Prices
The sale price of the products offered on the Dice Kayek Website, stated in euros (EUR), is the price in force when the Purchaser places the Order. Dice Kayek may change product prices at any time. Any change will be communicated to the Purchaser before the Order is confirmed.
Prices do not include shipping costs, which are charged in addition to the price of the products purchased. Shipping costs will be displayed before the Purchaser confirms the Order. The available shipping methods are described below in these Terms and Conditions of Sale and on the Website. Dice Kayek may change them at any time. Dice Kayek therefore recommends that the Purchaser regularly consult the Terms and Conditions of Sale published on the Website.
Orders delivered outside the European Union are shipped Delivered Duty Paid (DDP) where this service is available and where duties and import taxes have been collected at checkout. Before the Purchaser confirms the Order, the checkout will display the product price and all applicable taxes, duties and shipping charges.
Dice Kayek regularly checks the accuracy of the prices displayed on the Website. However, errors may occur. If Dice Kayek identifies a pricing error in an Order, the Purchaser will be informed as soon as possible. Dice Kayek reserves the right to cancel the Order for any item whose price is incorrect. If the Order has already been paid for, the corresponding amount will be refunded to the Purchaser immediately.
3.2 Product characteristics
3.2.1 General provisions
The Purchaser may select one or more products from the various categories offered on the Dice Kayek Website.
Dice Kayek may change the selection of products offered for sale on its Website at any time, particularly because of supplier-related constraints, subject to the provisions applicable to Orders already confirmed.
Pursuant to Article L.111-1 of the French Consumer Code, the Purchaser may review the essential characteristics of the product(s) offered on the Dice Kayek Website before placing an Order.
The products comply with current French legislation. Dice Kayek may not be held liable for any failure to comply with the legislation of the country to which a product is delivered, for example where a product is prohibited. Purchasers must check with the local authorities in the country of delivery whether the importation or use of the products and services they intend to order is authorised.
Dice Kayek cannot guarantee that the information provided on product packaging will be translated into every language of the European Union. However, such information will be available in at least French and/or English.
For any question concerning the products or their use, or for any additional information or advice, the Purchaser may contact Dice Kayek Customer Service by email at shop@dicekayek.com.
3.3 Availability
Offers presented by Dice Kayek remain valid while they are displayed on the Website and subject to available stock.
If, after an Order has been submitted, one or more products become wholly or partially unavailable, the Purchaser will be informed by email as soon as possible that the relevant product is unavailable and that the Order has been wholly or partially cancelled.
In the case of total cancellation of the Order by Dice Kayek:
The Purchaser’s Order will be cancelled automatically, and the Purchaser’s bank account will not be debited, except in the case of payment through PayPal, which is subject to PayPal’s terms and conditions.
Dice Kayek Customer Service will contact the Purchaser to confirm the cancellation and may suggest placing another Order that does not include the unavailable product.
3.4 Order
By placing an Order, the Purchaser accepts these Terms and Conditions of Sale and the Confidentiality and Cookies Policy, notwithstanding any special contractual terms agreed between the Parties.
Before confirming the Order, the Purchaser may review the details of the proposed Order and correct any errors.
The online sales agreement is concluded when the Purchaser confirms the Order by clicking the “PAY” button (hereinafter referred to as the “Order”). By doing so, the Purchaser expressly accepts the content and conditions of the Order and these Terms and Conditions of Sale, acknowledges that the Order entails an obligation to pay, and accepts the prices, descriptions, characteristics, quantities and delivery times of the products ordered.
Once this step has been completed, the Purchaser may no longer cancel the Order, except by exercising the right of withdrawal provided for in Article 6 of these Terms and Conditions of Sale. The Order will be confirmed to the Purchaser by email. A further email will notify the Purchaser when the Order has been shipped.
Dice Kayek recommends that the Purchaser retain these emails in printed or electronic form. The Purchaser is informed that the emails will be sent to the email address provided when the Order was placed. Dice Kayek may not be held liable if the address provided is incorrect or if the Order confirmation email is not received. In such a case, the sale will be considered final unless Dice Kayek cancels the Order, particularly because the products are unavailable. The Purchaser may nevertheless exercise the right of withdrawal provided for in Article 6 of these Terms and Conditions of Sale.
Dice Kayek reserves the right to suspend or cancel the processing and/or delivery of an Order, regardless of its nature or stage of processing, in the event of non-payment of all or part of the amount due by the Purchaser, a payment incident, fraud or attempted fraud involving the Dice Kayek Website, including in connection with previous Orders.
The Purchaser agrees that Dice Kayek may use the personal data provided to conduct appropriate anti-fraud checks. Such data may be transferred to a credit reference agency or fraud prevention agency, which may retain a record of the information.
ARTICLE 4 – PAYMENT
The Purchaser may pay for the Order on the Website under the conditions set out below. The Purchaser warrants to Dice Kayek that they have the necessary authorisation to use the payment method selected when the Order is placed.
4.1 Payment methods available on the Website
4.1.1 Bank and credit cards
The following bank and credit cards are accepted on the Website: American Express, Visa and MasterCard.
4.1.2 Online credit notes
Online credit notes are issued exclusively by Dice Kayek and may be used only by the beneficiary on the Dice Kayek Website. They are valid for one year from the date of issue.
4.2 Payment procedure
All Orders must be paid in full and in euros (EUR). Any bank charges, including those incurred in connection with a refund, shall be borne by the Purchaser.
4.3 Security of payment transactions
For the purpose of preventing online fraud, data relating to the Purchaser’s Order may be transferred to any third party authorised by law or appointed by Dice Kayek solely to verify the Purchaser’s identity and validate the Order, the payment method used and the selected delivery method.
Following such verification, Dice Kayek reserves the right to request a copy of the Purchaser’s identity document and/or any information relating to the Purchaser’s identity. The Purchaser has the right to access, amend and delete personal data processed by Dice Kayek under the conditions set out in the Confidentiality and Cookies Policy.
ARTICLE 5 – DELIVERY AND ACCEPTANCE
5.1 General rules
Products ordered by the Purchaser under these Terms and Conditions of Sale will be delivered to the address specified by the Purchaser for the relevant Order (the “Delivery Address”).
Dice Kayek delivers to all countries in the European Union, as well as Monaco and the French overseas territories. Dice Kayek also delivers to numerous other countries worldwide.
5.2 Delivery methods available on the www.dicekayek.com Website
DHL Standard Delivery
The parcel containing the products ordered and paid for will be delivered to the exact address provided when the Order was placed. All deliveries must be signed for.
If the Purchaser knows that they will be absent at the scheduled delivery time, they may reschedule delivery for another working day, from Monday to Friday, by contacting DHL Customer Service or using DHL’s delivery management service.
If two delivery attempts are unsuccessful because the recipient is absent or unable to accept the goods, the Order will be deemed cancelled and the price of the merchandise will be refunded.
5.3 Irregularities, incidents and damaged parcels
5.3.1 General provisions
The Purchaser or recipient of the Order is advised to inspect the visible condition of the parcel and the products at the time of delivery.
If there is any irregularity concerning the parcel, including damage, opening or traces of liquid, or the product(s) ordered, including missing or damaged product(s), the Purchaser or recipient must follow the relevant procedure set out in Articles 5.3.2 and 5.3.3 below or refuse delivery of the parcel, in which case the carrier will take it back.
No claim against the carrier or Dice Kayek will be accepted if the applicable procedure is not followed. In particular, the Purchaser will not be entitled to a refund or to request redelivery of the products. Dice Kayek Customer Service will contact the Purchaser as soon as possible to discuss any refusal of delivery. If Dice Kayek Customer Service confirms that the problem was caused during transport, the Order will be cancelled and the Purchaser will be refunded the price of the products and the delivery costs.
The Purchaser or recipient may also contact Dice Kayek Customer Service to obtain instructions for returning damaged product(s). The return procedure provided by Dice Kayek Customer Service must be followed strictly. Otherwise, the Purchaser may not be entitled to a refund or exchange for the product(s) concerned.
5.3.2 Procedure to be followed if the parcel is damaged
If the parcel is damaged upon arrival, the Purchaser may inform the courier and refuse delivery. In this case, the courier will retain the parcel. Dice Kayek Customer Service will then contact the Purchaser as soon as possible to discuss the refusal. If Dice Kayek Customer Service confirms that the damage occurred during transport, the Order will be cancelled and the Purchaser refunded.
If the parcel is accepted, the Purchaser must:
Open the parcel in the presence of the courier;
Write detailed observations by hand on the Delivery Slip. The recipient’s reservations provide evidence of the existence and extent of the damage. The reservations must be precise and complete; wording such as “subject to unpacking” is considered too general and imprecise;
Send the carrier a registered letter with acknowledgement of receipt setting out the grounds for the complaint within three (3) days of receipt, pursuant to Article L.133-3 of the French Commercial Code; and
Inform Dice Kayek by email or registered letter within five (5) working days of delivery of the Order.
If the Purchaser notices a problem with the parcel, such as damage, opening or traces of liquid, before accepting it, the Purchaser should not open the parcel and should take photographs documenting the reason for refusing delivery.
The Purchaser must then provide the Order number and the delivery number shown beneath the barcode when reporting the issue by email to shop@dicekayek.com. Dice Kayek will arrange for DHL to collect the parcel from the Purchaser’s address.
5.3.3 Procedure to be followed if a product is missing or damaged
The Purchaser or recipient of the Order must report any missing or damaged product to Dice Kayek Customer Service by email at shop@dicekayek.com.
Dice Kayek Customer Service may request information concerning the identity of the Purchaser or recipient and may carry out any necessary checks in this respect.
5.4 Delivery deadline
The delivery period is calculated from the date on which the Order confirmation email is received.
5.4.1 Delivery in Metropolitan France
Standard delivery deadline
The delivery period for Orders sent to Metropolitan France is the period displayed when the Order is placed. It is calculated according to the time at which the Order is placed and the working days applicable in the country of destination. For Orders delivered outside the European Union, Dice Kayek may not be held liable for delays caused by customs inspections, which may vary according to the destination and the legislation of the country concerned.
During the holiday season, from 23 November to 31 December, delivery times may be temporarily extended because of increased carrier activity.
5.4.2 Rules applicable regardless of the country of delivery
If the delivery periods referred to above are exceeded for reasons other than force majeure, the Purchaser may cancel the Order under the following conditions:
The Purchaser must first send Dice Kayek Customer Service a formal notice requiring delivery within an additional reasonable period. If delivery is not completed within that period, the Purchaser may cancel the Order; or
The Purchaser may cancel the Order immediately if they can prove that the delivery deadline was an essential condition of the Order and that this was expressly communicated to Dice Kayek when the Order was placed.
The formal notice requiring delivery or the request to cancel the Order must be sent by registered letter with acknowledgement of receipt to the address indicated in the “Contact” section of the Dice Kayek Website. If an investigation carried out by Dice Kayek establishes that Dice Kayek or the carrier was solely responsible for the failure to deliver the goods on time, Dice Kayek will refund the total amount paid by the Purchaser and received by Dice Kayek for the Order concerned, provided that the entire Order is returned to Dice Kayek by the Purchaser. At the Purchaser’s choice, the refund will be made by credit note or by reimbursement as soon as possible and no later than fifteen (15) days after the date on which the Purchaser exercised the right to cancel the Order.
However, if the Order is not returned in full, or if the investigation shows that neither Dice Kayek nor the carrier was solely responsible, the Purchaser may not claim a refund or redelivery of the products ordered unless the Purchaser can prove, by any appropriate means, that they were not responsible.
ARTICLE 6 – COOLING-OFF PERIOD
6.1. Legal cooling-off period
6.1.1. Length of legal cooling-off period
Pursuant to Article L.221-18 of the French Consumer Code, the Purchaser has fourteen (14) days from the date of receipt of the parcel containing the ordered products to exercise the right of withdrawal without giving any reason.
6.1.2. How to cancel the purchase during the legal cooling-off period
The procedure for exercising the right of withdrawal during the legal cooling-off period is described in Article 6.3 of these Terms and Conditions of Sale.
6.1.3. Products excluded from the legal cooling-off period
Pursuant to Article L.221-28 of the French Consumer Code, the legal cooling-off period does not apply to Orders concerning:
goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
goods made to the consumer’s specifications or clearly personalised.
Accordingly, the legal cooling-off period does not apply to products unsealed by the Purchaser that cannot be resold by Dice Kayek without creating a health or hygiene risk for consumers. It also does not apply to products personalised at the Purchaser’s request. These provisions apply without prejudice to the warranties set out in Article 7 of these Terms and Conditions of Sale, which remain fully applicable.
6.1.4 Consequences of the legal cooling-off period
Where the legal cooling-off period applies and the Purchaser complies with the time limits and return procedure set out in this Article, the Purchaser will be refunded for the returned products.
6.1.5. Costs
Dice Kayek will bear the cost of returning the Products by providing the Purchaser with a Return Label.
6.2. Contractual cooling-off period
6.2.1. Length of contractual cooling-off period
The Purchaser or recipient of the Order has fourteen (14) days from the date of receipt of the Order to return the products.
6.2.2. How to cancel the purchase during the contractual cooling-off period
The procedure for exercising the right of withdrawal during the contractual cooling-off period is set out in Article 6.3 of these Terms and Conditions of Sale.
6.2.3. Products excluded from the contractual cooling-off period
The contractual cooling-off period does not apply to Orders concerning:
goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
goods made to the consumer’s specifications or clearly personalised.
Accordingly, the contractual cooling-off period does not apply to products unsealed by the Purchaser that cannot be resold by Dice Kayek without creating a health or hygiene risk for consumers. It also does not apply to products personalised at the Purchaser’s request. These provisions apply without prejudice to the warranties set out in Article 7 of these Terms and Conditions of Sale, which remain fully applicable.
6.2.4 Consequences of the contractual cooling-off period
Where the contractual cooling-off period applies and the Purchaser or recipient of the Order complies with the time limits and return procedure set out in this Article, Dice Kayek will refund the Purchaser for the returned products.
6.2.5. Costs
Dice Kayek will bear the cost of returning the Products by providing the Purchaser with a Return Label.
6.3 Exercising the right of withdrawal during the legal and contractual cooling-off periods
The Purchaser or, where applicable, the recipient of the Order must notify Dice Kayek of their decision to exercise the right of withdrawal by email at shop@dicekayek.com within fourteen (14) days of receiving the goods.
The Purchaser will be refunded the amount paid for the Order. However, for Orders delivered outside the European Union for which customs duties were charged to the Purchaser, Dice Kayek will not refund those customs duties.
6.3.1 General provisions applicable to all returns (in-store and postal returns)
The products must be returned to Dice Kayek in their original packaging, together with any accessories, instruction booklets, certificates of authenticity and other accompanying items, in a condition suitable for resale, no later than fourteen (14) days after the Purchaser notified Dice Kayek of the decision to withdraw. Shoes should be tried on only on a clean surface that will not mark or alter the soles, such as a carpeted floor. The products must be returned using the Return Label provided by Dice Kayek. The Purchaser and, where different, the recipient of the Order are informed that use of the Return Label facilitates the processing of the return and are therefore requested to use it.
If the Purchaser returns the items by their own means and at their own expense, they are advised to retain proof of return by registered post or by another method that records the shipping date. The Purchaser must insure the parcel against loss for the full value of its contents. Dice Kayek shall not be held liable for the loss of a parcel returned by the Purchaser using their own means.
The Purchaser may be liable for any reduction in the value of a product resulting from handling beyond what is necessary to establish its nature, characteristics and, where applicable, proper functioning. In such a case, Dice Kayek may deduct the difference between the value of the returned product and its original value from the refund.
6.3.2. Return by post
In addition to the conditions set out in Article 6.3.1 of these Terms and Conditions of Sale, a Purchaser or recipient wishing to exercise the legal or contractual right of withdrawal by returning a product by post must follow the instructions below:
Use the original packaging to return the product(s);
Send the parcel or letter by registered post with acknowledgement of receipt to the following address:
Dice Kayek, 15 rue Saint-Benoît, 75006 Paris, France.
Dice Kayek will not accept parcels or letters sent cash on delivery or with postage due.
ARTICLE 7 – WARRANTIES
7.1. Statutory guarantees and warranties
All products sold on the Website benefit from the statutory guarantee of conformity, as defined in Articles L.217-4 et seq. of the French Consumer Code, and the warranty against hidden defects, as defined in Articles 1641 et seq. of the French Civil Code. The Purchaser may therefore return products that are defective or do not comply with the sales agreement.
7.1.1 Statutory guarantee of conformity
The French Consumer Code provides as follows in relation to the statutory guarantee of conformity:
Article L.217-4: “The seller is required to deliver goods that comply with the contract of sale and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging or from assembly or installation instructions where the seller is contractually responsible for them or where they are carried out under the seller’s responsibility.”
Article L.211-5: “To comply with the contract of sale, the goods must:
1) Be suitable for the purpose usually associated with such a product and, where appropriate:
correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model;
have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special requirement of the buyer, brought to the knowledge of and accepted by the seller.”
Article L.211-12: “Any action resulting from a lack of conformity is time-barred two years after delivery of the goods.”
7.1.2 Warranty against hidden defects
The French Civil Code stipulates the following in relation to the warranty against hidden defects:
Article 1641 of the Civil Code: “The seller warrants the goods sold against hidden defects which make them unsuitable for their intended purpose, or which reduce their possible use to such an extent that the purchaser would not have bought them or would have paid less, had they known.”
Article 1648 of the Civil Code: “Any action resulting from latent defects must be instituted by the purchaser within two years of the discovery of the defect. In the case set out in article 1642-1, the action must be instigated, under pain of debarment, within one year of the date on which the seller can be discharged from liability for visible defects or lack of conformity.”
Under the statutory warranty against hidden defects, Dice Kayek shall, at the Purchaser’s choice and after assessing the defect:
either refund the full price of the returned product; or
refund part of the price if the Purchaser decides to keep the product.
7.1.3 Exclusions from warranties
Products that have been modified, repaired, incorporated into another item or otherwise altered by the Purchaser are excluded from the warranty. The warranty does not apply to visible defects or to products damaged during transport or through improper use.
7.2 Implementation of statutory guarantees and warranties
In the case of a statutory guarantee, the Purchaser:
has two years from delivery of the goods to make a claim;
may choose between repair and replacement of the goods, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code; and
is not required to prove that the lack of conformity existed during the two-year period specified by law.
Statutory guarantees and warranties apply independently of any commercial guarantee or warranty that may be granted.
The Purchaser may choose to rely on the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, the Purchaser may choose between cancellation of the sale and a reduction in the sale price pursuant to Article 1644 of the French Civil Code.
For any request concerning statutory guarantees or warranties, the Purchaser may contact Customer Service by email at shop@dicekayek.com.
These provisions do not affect the right of withdrawal set out in Article 6 above.
7.3 Consequences of statutory guarantees and warranties
Where the statutory guarantee of conformity applies, Dice Kayek shall, at the Purchaser’s choice:
replace the product with an identical product, subject to availability; or
refund the price of the product if replacement is impossible.
Where the statutory warranty against hidden defects applies, Dice Kayek shall, at the Purchaser’s choice and after assessing the defect:
refund the full price of the returned product; or
refund part of the price if the Purchaser decides to keep the product.
ARTICLE 8 – RETENTION OF OWNERSHIP
Dice Kayek retains full ownership of the products sold until the total price has been paid in full, including principal, expenses, taxes and compulsory contributions.
ARTICLE 9 – INTELLECTUAL PROPERTY
The Dice Kayek name and brand, together with all figurative and other trademarks, illustrations, images, logos and content on the Website, including these Terms and Conditions of Sale, are and shall remain the exclusive property of Dice Kayek or the relevant intellectual property rights holder.
Any total or partial reproduction, modification or use of such trademarks, illustrations, images, logos or other Website content, for any purpose or on any medium, without the prior written consent of Dice Kayek or the relevant intellectual property rights holder is strictly prohibited. The same applies to all copyrights, designs and patents displayed and/or used on the Website.
ARTICLE 10 – SIGNATURE AND PROOF
Dice Kayek will take all reasonable measures to protect its customers’ personal data and maintain a high level of security. The Purchaser must also help protect their personal data and online transactions, in particular by not disclosing their login details, including their email address and/or password, to any third party and by changing their password regularly. Dice Kayek may not be held liable for the disclosure of information concerning the Purchaser to any person who has used the Purchaser’s login details. Use of the Purchaser’s login details is deemed to constitute proof of identity and, upon confirmation of the Order, proof of the obligation to pay the corresponding amount. Dice Kayek may not be held liable for fraudulent use of such data. The provision of credit or bank card details and final confirmation of the Order constitute proof of acceptance of the Order and of the obligation to pay the amount due. Electronic records stored in the information systems of Dice Kayek and its partners will constitute evidence of communications, Orders and payments between the Parties.
ARTICLE 11 – CUSTOMER SERVICE
For any additional information, Dice Kayek Customer Service may be contacted by email at shop@dicekayek.com.
ARTICLE 12 – LIABILITY
12.1 Legal capacity
Before placing an Order, the Purchaser declares that they have full legal capacity to enter into a contract under these Terms and Conditions of Sale. Dice Kayek cannot be held liable for verifying the legal capacity of Website visitors or Purchasers. If a person without legal capacity places an Order on the Dice Kayek Website, that person’s legal representatives, including their parents or guardians, must assume full responsibility for the Order and pay the corresponding costs.
12.2 Disclaimer
Dice Kayek shall not be held liable for any failure to perform its obligations under these Terms and Conditions of Sale where such failure results from the act or omission of a third party, even if foreseeable, the negligence of the Purchaser, force majeure as defined by the French courts, or any other event beyond Dice Kayek’s reasonable control. Information available on the Website is provided “AS IS”, without any express or implied guarantee concerning its integrity, accuracy, currency, non-infringement, availability, reliability or completeness, or concerning the suitability of the information, products, accessories or services offered on the Dice Kayek Website for the Purchaser’s intended use. DICE KAYEK DISCLAIMS ALL LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, WHETHER FORESEEABLE OR NOT, ARISING FROM THE USE OF THE WEBSITE. IF DICE KAYEK IS FOUND LIABLE FOR LOSS OR DAMAGE SUFFERED BY THE PURCHASER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACEMENT OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER TO DICE KAYEK FOR THE RELEVANT ORDER. Any claim by a user, including a Purchaser, against Dice Kayek must be brought within six (6) months of the event giving rise to the claim.
ARTICLE 13 – DATA PROCESSING, DATA FILES AND INDIVIDUAL RIGHTS
Dice Kayek collects the Purchaser’s personal data and, where applicable, the personal data of the recipient of the Order. The Purchaser is informed that the automated processing of personal data and the management of users’ email addresses have been declared to the CNIL, the French data protection authority. The purposes, recipients and conditions under which Dice Kayek collects and processes personal data are described in the Website’s Confidentiality and Cookies Policy.
ARTICLE 14 – AMENDMENT OF THE TERMS AND CONDITIONS OF SALE
Dice Kayek reserves the right to amend these Terms and Conditions of Sale at any time without prior notice. To remain informed of any changes, Dice Kayek recommends that the Purchaser and all Website users regularly review the Terms and Conditions of Sale and the Confidentiality and Cookies Policy. Each Order will be governed by the Terms and Conditions of Sale in force when it is placed.
ARTICLE 15 – GENERAL PROVISIONS
15.1 Partial invalidity
If any provision of these Terms and Conditions of Sale is held or declared invalid under any law or regulation or by a final decision of a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
15.2 No waiver
A Party’s failure to enforce any obligation under these Terms and Conditions of Sale, or to invoke a breach by the other Party, shall not be interpreted as a waiver of that obligation or of the right to invoke that breach in the future.
15.3 Applicable law and jurisdiction
The sale of Dice Kayek products is governed by French law, regardless of the Purchaser’s country of residence or the country from which the Order was placed. IF NO AMICABLE SETTLEMENT IS REACHED, ANY DISPUTE RELATING TO THE INTERPRETATION, PERFORMANCE OR BREACH OF THE AGREEMENT BETWEEN DICE KAYEK AND THE PURCHASER SHALL BE SUBJECT TO THE JURISDICTION OF THE FRENCH COURTS IN ACCORDANCE WITH THE FRENCH CODE OF CIVIL PROCEDURE, INCLUDING IN CASES INVOLVING MULTIPLE DEFENDANTS. THE ORIGINAL FRENCH VERSION SHALL PREVAIL OVER THE ENGLISH TRANSLATION OF THESE TERMS AND CONDITIONS OF SALE, WHICH IS PROVIDED FOR INFORMATION PURPOSES ONLY.
15.4 Term of the agreement
These Terms and Conditions of Sale shall apply for as long as the products are offered for sale on the Dice Kayek Website and until the expiry of the applicable warranty periods. In all circumstances, the “Liability” clause shall survive the termination or expiry of these Terms and Conditions of Sale.
