Terms of service

FOREWORD

ALECA SARL (hereinafter called “Dice Kayek”) markets throughout the world ready-to-wear clothing and accessories for women and men. As a clothing brand, Dice Kayek sells the retail products on its website to final customers only. Any Order that obviously does not correspond to a retail sale and, more generally speaking, any fraudulent Order or Order deemed to be such, will be considered by Dice Kayek to be null and void. Dice Kayek reserves the right to limit the quantities of any item delivered to the same purchaser and even to the same postal address. Before confirming the order, the Purchaser declares that the purchase of products on the Dice Kayek website does not have any direct relationship with a business activity and is limited to strictly personal use. For the purposes of these Terms and Conditions of Sale, the Purchaser and Dice Kayek are individually or collectively referred to as the Party or the Parties.

ARTICLE 1 – PURPOSE

The purpose of these Terms and Conditions of Sale (hereinafter called the “Terms and Conditions of Sale”) is to inform any potential Purchaser of the terms and conditions under which the Vendor (hereinafter called “Dice Kayek”) sells and delivers the products ordered and to define the rights and obligations of the Parties in relation to the sale of products by Dice Kayek to the consumer (hereinafter called the “Purchaser”). Said Terms and Conditions of Sale apply, without any limitation or qualification, to the sale of all products proposed by Dice Kayek on its website, accessible via the Internet at www.dicekayek.com.

As a result, the fact that the Purchaser orders a product proposed for sale on the Dice Kayek website, regardless of the media used, signifies full acceptance of these Terms and Conditions of Sale, which the Purchaser acknowledges having read before placing an 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 completed by the Confidentiality and Cookies Policy.

ARTICLE 2 – IDENTITY OF COMPANY

ALECA SARL, a private company (SARL) with a capital of 16,388.27 euros, Paris Trade Register n° 413 187 204, is located at 23 rue Molière 75001 Paris.

ARTICLE 3 – BASIS OF AGREEMENT AND PLACING OF ORDERS

3.1 Prices

The sales price of the online products sold on the Dice Kayek website, indicated in EUR, is that in force at the time at which the Purchaser placed the Order. The sales price of the products can be changed by Dice Kayek at any time. Any changes will be indicated to the Purchaser before the Order is completed.

Prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the Order is confirmed to the Purchaser. The different methods of shipping are indicated below in these Terms and Conditions of Sale and are indicated on the Website. They can be changed at any time by Dice Kayek. Dice Kayek thus recommends that the Purchaser should regularly consult the Terms and Conditions of Sale published on the Website.

Orders placed outside the European Union are “Delivery At Place”. All applicable taxes will therefore be paid by the Purchaser before delivery.

Dice Kayek regularly checks that the prices on the Website are correct. However, errors can occur. If Dice Kayek observes an error in the price of an Order, the Purchaser will be informed as soon as possible. Dice Kayek reserves the right to cancel the Order of any item whose price is incorrect. If the Order has already been paid, the corresponding amount will immediately be refunded to the Purchaser.

3.2 Product characteristics

3.2.1 General provisions

The Purchaser can select one or several products from among the various categories proposed on the Dice Kayek Website.

Dice Kayek can change the selection of products proposed for sale on its Website at any time, particularly due to constraints relating to its suppliers, even if the products have been ordered by the Purchaser.

Pursuant to article L. 111-1 of the French consumer code, the Purchaser can consult the essential characteristics of the product(s) proposed on the Dice Kayek website before placing an Order.

The products comply with current French legislation. Dice Kayek may not be held liable in the case of non-respect of the legislation of the country to which the product is delivered (e.g. if a product is prohibited). Purchasers must check with the local authorities of the country to which the product is to be delivered whether the importation or use of the products and services they intend to order is authorized.

Dice Kayek cannot guarantee that the information provided on the product packaging will be translated into all the languages of the European Union. However, the information will be available in at least French and/or English.

For all questions relating to the products and their use, any additional question or request for advice, the Purchaser can contact the team of Dice Kayek Customer Service Representatives by email at shop@dicekayek.com.

3.3 Availability

The offers presented by Dice Kayek are valid while they remain on the Website and within the limit of available stocks.

Whatever the circumstances and in the case of total or partial unavailability of the products after the Order is sent, the Purchaser will be informed by email as soon as possible that the product is unavailable and that the Order has been totally or partially cancelled.

In the case of total cancellation of the Order by Dice Kayek:

The Purchaser’s Order will be automatically cancelled and the Purchaser’s bank account will not be debited (except in the case of payment by Paypal subject to Paypal conditions).
Dice Kayek’s Customer Service will contact the Purchaser to indicate cancellation of the Order and 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 conditions between the Parties.

Before validating the Order, the Purchaser can check the details of the draft Order and correct any errors.

The online sales agreement is concluded when the Purchaser confirms the Order by clicking on the “PAY” button (herein called the “Order”.) The Purchaser is deemed to accept the following with full knowledge and consent: the content and conditions of the Order and these Terms and Conditions of Sale in particular, the fact that the Order implies an obligation of payment, and the prices, volumes, characteristics, quantities and delivery times of the products proposed for sale and ordered by the Purchaser.

Once this step has been validated, the Purchaser can no longer cancel the Order. The sale will then be final (unless the Purchaser exercises the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale). The Order will be confirmed to the Purchaser by email. Another email will inform the Purchaser of the shipping date of the Order.

Dice Kayek recommends that the Purchaser should keep these emails in printed or electronic form. The Purchaser is informed that the emails are sent to the email address given by the Purchaser. Thus, if there is an error in the email address or the Order confirmation message is not received, Dice Kayek cannot be held liable. In this case, the sale will be considered final, unless the Order is cancelled by Dice Kayek, particularly if the products are not available. The Purchaser may nevertheless exercise the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale.

Finally, Dice Kayek reserves the right to suspend or cancel the processing of an Order and/or delivery regardless of its nature or stage of processing, in the following cases: non-payment of any or all of the amount owed by the Purchaser, a payment incident, fraud or attempted fraud relating to the use of the Dice Kayek website, including on the occasion of previous Orders.

The Purchaser agrees that Dice Kayek can use the personal data provided to carry out appropriate anti-fraud investigations. The personal data provided by the Purchaser can be transferred to a credit rating agency or fraud control agency which can keep a record of the data.

ARTICLE 4 – PAYMENT

The Purchaser can pay for the Order on the Website under the conditions set out below. The Purchaser warrants Dice Kayek that it has the necessary authorizations to use the payment method chosen for the Order when the Order was registered.

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, MasterCard.

4.1.2 Online credit notes

Online credit notes are credit notes issued exclusively by Dice Kayek and can only be used by the beneficiary on the Dice Kayek Website. They are valid one year from the date of issue.

4.2 Payment procedure

All Orders must be paid for. Orders can only be paid in EUR. Any bank charges will be paid by the Purchaser (including in the case of a refund).

4.3 Security of payment transactions

Within the framework of the fight against Internet fraud, the data relating to the Purchaser’s Order may be transferred to any third party authorized by the law or appointed by Dice Kayek with the sole purpose of checking the Purchaser’s identity and validating the Order, the payment method used and type of delivery.

After the above verification, Dice Kayek reserves the right to request a photocopy of the Purchaser’s ID and/or any information relating to the Purchaser’s identity. The Purchaser has the right to access, amend and remove any data of a personal character processed by Dice Kayek, under the conditions set out in the Confidentiality and Cookies Policy.

ARTICLE 5 – DELIVERY AND ACCEPTANCE

5.1 General rules

The products ordered by the Purchaser in pursuance of these Terms and Conditions of Sale are delivered to the address indicated by the Purchaser as the delivery address for the Order concerned (“Delivery Address”).

Dice Kayek delivers to all the countries in the European Union in addition to Monaco and the French overseas territories. Dice Kayek also delivers to numerous countries worldwide.

5.2 Types of delivery available on the www.dicekayek.com website

DHL Standard Delivery

The parcel containing the products that have been ordered and paid for is delivered personally to the exact address provided at the time of the Order. All deliveries must be signed for.

In the case of known absence before delivery, the Purchaser can reschedule the delivery to another day (Monday to Friday) by calling UPS customer service.

After two attempted deliveries have not resulted in delivery of the parcel due to absence of the recipient or if the recipient was not able to take delivery of the goods, the order will be deemed to be cancelled and the cost of the merchandise refunded.

5.3 Irregularity, incident, damaged parcel

5.3.1 General provisions

The Purchaser or recipient of the Order is invited to check the visible state of the parcel and products at the time of delivery.

If there are any irregularities concerning the parcel (parcel damaged or opened, traces of liquid, etc.) or the product(s) ordered (missing or damaged product(s)), the Purchaser or the recipient of the Order must follow the procedure set out below (articles 5.3.2 and 5.3.3 of these Terms and Conditions of Sale) which corresponds to the Order conditions or refuse to take delivery of the parcel (in this case, the carrier will take the parcel back).

No claims concerning the carrier and Dice Kayek will be accepted if the appropriate procedure is not respected. In particular, the Purchaser will not be able to claim a refund. Nor can the Purchaser or the recipient of the Order ask Dice Kayek to have the products delivered again. The Purchaser will be contacted by the Customer Service of Dice Kayek as soon as possible to discuss the refusal. If the problem related to transport is confirmed by Dice Kayek’s Customer Service, the Order will be cancelled and the Purchaser refunded for the price of the parcel and the delivery costs.

The Purchaser or recipient of the Order can also call Dice Kayek’s Customer Service to find out how to return the damaged product(s). The return procedure for the damaged products indicated by Dice Kayek’s Customer Service must then be strictly followed by the Purchaser. Failing this, the Purchaser cannot claim a refund or an exchange of the products concerned.

5.3.2 Procedures to be strictly followed when the parcel is damaged

If the parcel is damaged on arrival, the Purchaser can inform the courier of the problem and refuse to take delivery. In this case, the courier keeps the parcel. The Purchaser will then be contacted by Dice Kayek’s Customer Service as soon as possible to discuss the refusal. If the problem related to transport is confirmed by Dice Kayek’s Customer Service, the Order will be cancelled and the Purchaser refunded.

If the parcel is accepted, the Purchaser must:

Unwrap the parcel in the presence of the courier, and
Write any observations in detail by hand on the Delivery Slip. The reservations made by the recipient concerning delivery are used to prove the existence and importance of the damage. The Purchaser must make sure that the reservations are precise and complete (simply writing “subject to unpacking” is considered to be too general and imprecise), and
Send a registered letter with recorded delivery setting out the reasons for the complaint to the carrier within three (3) days of receipt in pursuance of the provisions of article L.133-3 of the French Commercial Code.

Inform Dice Kayek by email or registered letter within five (5) working days of delivery of the Order.

If the Purchaser observes a problem with the parcel (parcel damaged or opened, traces of liquid, etc.), the Purchaser should not open the parcel but take photographs to provide proof of why it was not accepted.

The Purchaser must then use the order number and delivery number written at the bottom of the bar code in order to notify the problem by email to shop@dicekayek.com which will arrange for DHL to collect the parcel at the Purchaser’s address.

If the parcel is accepted, the Purchaser must:

Unwrap the parcel in the presence of the carrier, and
Write any observations in detail by hand on the Delivery Slip. The reservations made by the recipient concerning delivery are used to prove the existence and extent of the damage. The Purchaser must make sure that the reservations are precise and complete (simply writing “subject to unpacking” is considered to be too general and imprecise), and
Send a registered letter with recorded delivery setting out the reasons for the complaint to the carrier within three (3) days of receipt in pursuance of the provisions of article L.133-3 of the French Commercial Code.
Inform Dice Kayek par email or registered letter within five (5) working days of delivery of the Order.

5.3.3 Procedure to be strictly followed in the case of a missing or damaged product

The Purchaser or the recipient of the Order must notify absence of or damage to a product to the Dice Kayek Customer Service by email at shop@dicekayek.com

The Dice Kayek Customer Service can ask for information concerning the identity of the Purchaser or the recipient of the Order and proceed with any useful verifications in this respect.

5.4 Delivery deadline

The delivery deadline is calculated from reception of the email Order confirmation.

5.4.1 Delivery in Metropolitan France

Standard delivery deadline

The delivery deadline for Orders to be sent to Metropolitan France are those indicated when the Order is placed. The deadline is based on the time at which the Order was placed and the working days in the country of destination. However, for Orders delivered outside the European Union, Dice Kayek will not be held liable for an extension of the delivery deadline due to customs inspections (which can vary according to the destination and legislation of the country of destination).

During the holiday season (23 November to 31 December), the delivery deadline may be momentarily extended due to the increased activity of carriers.

5.4.2 Rules applicable regardless of the country of delivery

If the delivery deadlines referred to above are exceeded for reasons other than a force majeure, the Purchaser can cancel the Order under the following conditions:

After sending a formal notice to Dice Kayek’s Customer Service to carry out the delivery within an additional reasonable time and after a formal notice to deliver is not acted upon within the stipulated period,
If the Purchaser proves that the delivery deadline was an essential condition of the Order expressly imparted to Dice Kayek at the time of placing the Order.
The formal notice to deliver the goods or the request to cancel the Order must be sent by registered letter with recorded delivery to the address indicated under “Contact” on the Dice Kayek Website. If an investigation carried out by Dice Kayek, the result of which shall be deemed to provide proof of the dispute concerned, should show that Dice Kayek or the carrier is exclusively responsible for 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 the entire Order is returned to Dice Kayek by the Purchaser. The refund shall be in the form of a credit note or a refund according to the Purchaser’s choice, as soon as possible and, at the latest, fifteen 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 Dice Kayek s or the carrier cannot be held exclusively liable, the Purchaser cannot claim either a refund of the amount paid, nor a new delivery of the products ordered unless the Purchaser is able to prove absence of liability by any appropriate means.

ARTICLE 6 – COOLING-OFF PERIOD

6.1. Legal cooling-off period

6.1.1. Length of legal cooling-off period

In pursuance of article L.221-18 of the French Consumer Code, the Purchaser has 14 (fourteen) days from the day of receipt of the parcel containing the ordered products to change their mind without having to give a reason for the decision.

6.1.2. How to cancel the purchase during the legal cooling-off period

The procedure to be followed to cancel the purchase during the 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

In pursuance of article L.221-28 of the French Consumer Code, the cooling-off period does not apply to Orders concerning:

the supply of goods which were unsealed after delivery and cannot be returned for reasons of hygiene or health protection,
the supply of goods made according to the consumer’s specifications or clearly personalized.

As a result, the Purchaser is warned that the legal cooling-off period will not apply to products unsealed by the Purchaser and which cannot be resold by Dice Kayek without a health or hygiene risk for consumers. The cooling-off period will not apply to products which have been personalized at the Purchaser’s request. These provisions apply notwithstanding the warranties set out in article 7 of these Terms and Conditions of Sale which remain fully applicable.

6.1.4. Consequences of legal cooling-off period

If the cooling-off period applies and the Purchaser respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded for the returned products.

6.1.5. Costs

Dice Kayek will pay the cost of returning the Products by sending the Purchaser a Return Label.

6.2. Contractual cooling-off period

6.2.1. Length of contractual cooling-off period

The Purchaser or the 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 to be followed to cancel the purchase 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: the supply of goods which were unsealed after delivery and cannot be returned for reasons of hygiene or health protection, the supply of goods made according to the consumer’s specifications or clearly personalized.

As a result, the Purchaser is warned of the fact that the contractual cooling-off period will not apply to products which have been unsealed by the Purchaser and which cannot be resold by Dice Kayek without a health or hygiene risk for consumers. The contractual cooling-off period will not apply to products which have been personalized at the Purchaser’s request. These provisions apply notwithstanding the warranties set out in article 7 of these Terms and Conditions of Sale which remain fully applicable.

6.2.4. Consequences of contractual cooling-off period

If the contractual cooling-off period applies and the Purchaser or the recipient of the Order respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded by Dice Kayek for the returned products

6.2.5. Costs

Dice Kayek will pay the cost of returning the Products by sending the Purchaser a Return Label.

6.3. How to cancel the purchase during the legal cooling-off period and the contractual cooling-off period

The Purchaser or, where applicable, the recipient of the Order, must inform Dice Kayek of their wish to benefit from the cooling-off period by email at shop@dicekayek.com within 15 days after reception of the goods.

The Purchaser will be refunded for the amount of the Order paid. However, for orders delivered outside the European Union and for which customs duties have been invoiced to the Purchaser, Dice Kayek will not refund the customs duties.

6.3.1. General provisions applicable to all types of returns (return to the store and return by post)

The products must be returned to Dice Kayek in the original packaging, together with any accessories, instruction booklets, certificates of authenticity, etc., in a saleable condition, at the latest 15 (fourteen days) after the date of receipt thereof. For shoes in particular, we highly recommend that you try your shoes on a clean floor which would not alter the sole, such as a carpeted surface. The products must be returned using the Return Label sent by Dice Kayek. The Purchaser and the recipient of the Order, if different from the Purchaser, are informed that using the Return Label facilitates processing of the return by Dice Kayek. The Purchaser or the recipient of the Order, if different from the Purchaser, is therefore invited to use the Return Label.

If the Purchaser returns the articles using their own means and at their own expense, it is recommended keeping proof of return of the item by registered post or by any other method which provides a record of the shipping date. The Purchaser must insure the parcel against loss for the value of the 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 held liable in the case of depreciation of the value of the product as a result of handling that is not consistent with preservation of the nature, characteristics and, where applicable, the correct operation of the products. In this case Dice Kayek may deduct the difference between the value of the product returned and its initial value when making 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, the Purchaser or the recipient of the Order who wishes to benefit from the legal or contractual cooling-off period by returning a product by post must follow the instructions below:

Use the original packaging to return the product(s) concerned;
Send the parcel or letter by registered post with recorded delivery to the following address:
Dice Kayek 15 Rue Saint-Benoît, 75006 Paris.
Dice Kayek will not accept parcels or letters sent to collect (postage due).

ARTICLE 7 – WARRANTIES

7.1. Statutory guarantees and warranties

All products sold on the Website benefit from the statutory guarantee (as defined in articles L217-4 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) which means that the Purchaser can return products that are delivered with defects or do not comply with the contract of sale.

7.1.1 Statutory guarantee

The French Consumer Code stipulates the following in relation to statutory guarantees: Article L217-4: “The seller is required to deliver goods which comply with the contract of sale and is accountable for any lack of conformity at the time of delivery. The seller is also accountable for any lack of conformity resulting from the packaging or from instructions for mounting or installation when the seller is contractually responsible for same or when it is carried out under the seller’s responsibility.”

Article L211-5 : “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 L211-12: The action resulting from lack of conformity is limited to 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.”

In application of the statutory warranty against hidden defects, Dice Kayek, depending on the Purchaser’s choice, shall, 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 Exclusion from warranties

Products that have been modified, repaired, incorporated or added by the Purchaser are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not apply to products damaged during transport or due to improper use.

7.2 Implementation of statutory guarantees and warranties

In the case of a statutory guarantee, the Purchaser:

has two years from the time of delivery of the goods to make a claim;
can choose between having the goods repaired or replaced, under the price conditions set out in article L217-9 of the French Consumer Code;
is dispensed from providing proof of lack of conformity of the goods for two years.
Statutory guarantees and warranties apply independently of any commercial guarantees or warranties that may be granted.

The Purchaser can decide to use the warranty against hidden defects of purchased goods in the meaning of article 1641 of the Civil Code. In this case, the Purchaser can choose between cancellation of the sale or reduction in the sales price in pursuance of article 1644 of the Civil Code.

For any request concerning statutory guarantees and warranties, the Purchaser can contact the Customer Service by email at eshop@Dice Kayek.fr.

These provisions do not exclude the cooling-off period defined in article 6 above.

7.3 Consequences of applying guarantees and warranties

In the case of application of the statutory guarantee and depending on the Purchaser’s choice, Dice Kayek shall:

either replace the product with another identical product according to the stocks available,
or refund the price of the product if its replacement by another product should prove impossible.
In the case of application of the statutory warranty against hidden defects and depending on the Purchaser’s choice, Dice Kayek shall, 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.

ARTICLE 8 – RETENTION OF OWNERSHIP

Dice Kayek retains full ownership of the products sold until the full price has been completely paid, including the principal, expenses, taxes and compulsory contributions.

ARTICLE 9 – INTELLECTUAL PROPERTY

Dice Kayek brand, in addition to all figurative and other marks, illustrations, images and logos, all content on the Website (including but not limited to these Terms and Conditions of Sale), is and shall remain the exclusive property of Dice Kayek or the owner of the intellectual property rights concerned.

Any total or partial reproduction, modification or use of said marks, illustrations, images and logos or any other content on the Website, for any reason and on any media whatsoever, without the prior, written consent of Dice Kayek or the owner of the intellectual property rights concerned is strictly prohibited. The same applies to all copyright, designs and patents represented and/or used on the Website.

ARTICLE 10 – SIGNATURE AND PROOF

Dice Kayek shall do everything possible to protect the personal data of its customers by ensuring a high level of security, but the Purchaser also has a role to play in protecting personal data. In particular, the Purchaser must ensure the security of their online transactions, for example, by not communicating their ID (Purchaser’s email address) and/or password to anyone else and by regularly changing the password. In this respect, Dice Kayek cannot be held liable for the disclosure of information concerning the Purchaser to anyone having used their ID (Purchaser’s email address) and/or password. In this respect, use of the Purchaser’s ID (Purchaser’s email address) and/or password is deemed to be proof of identity, and the obligation, on validation of the Order, to pay the corresponding amount. In no event can Dice Kayek be held liable for the fraudulent use of the above data. Providing credit or bank card details and final validation of the Order are deemed to be proof of acceptance of the Order and the obligation to pay the expenses incurred by clicking on the products in the Order. The computer registers, kept in Dice Kayek’s IT systems and those of its partners, will be deemed to be proof of any communications, Orders and payments which may take place between the Parties.

ARTICLE 11 - CUSTOMER SERVICE

For all additional information, the Dice Kayek Customer Service can be reached by email at shop@dicekayek.com

ARTICLE 12 – LIABILITY

12.1 Legal capacity

Before placing the Order, the Purchaser declares that they have the full legal capacity to contract in pursuance of these Terms and Conditions of Sale. Dice Kayek cannot under any circumstances be held liable for checking the legal capacity of its browsers and Purchasers. As a result, if a person without the legal capacity to contract should order goods on the Dice Kayek Website, the person’s legal guardians (parents, etc.) must assume entire responsibility for the Order and pay the corresponding costs.

12.2 Disclaimer

Dice Kayek shall not be held liable in the case of non-performance of any of the obligations resulting from these Terms and Conditions of Sale due to third party negligence even when foreseeable, negligence on the part of the Purchaser, force majeure as defined by the French courts or any other event which could not reasonably be kept under the exclusive control of Dice Kayek. The information accessible on the Website is provided “AS IS” without any guarantee of any kind, either implicit or explicit, concerning the integrity, accuracy, up-to-dateness, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services on the Dice Kayek Website nor their fitness for the use that the Purchaser intends to make of them. DICE KAYEK DECLINES ALL RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED BY USING THE WEBSITE. IF THE LIABILITY OF DICE KAYEK SHOULD BE ESTABLISHED AND ACCEPTED DUE TO LOSS OR DAMAGE SUSTAINED BY THE PURCHASER AND ATTRIBUTABLE EXCLUSIVELY TO HAVING PLACED AN ORDER, SAID LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER TO DICE KAYEK. Any claims made by a user, including the Purchaser, against Dice Kayek must take place within 6 months of the occurrence of the event underlying the claim.

ARTICLE 14 – "DATA PROCESSING, DATA FILES AND INDIVIDUAL LIBERTIES"

Dice Kayek collects the Purchaser’s personal data and, where applicable, that of the recipient of the Order. The Purchaser is hereby informed that the automated processing of personal data, as well as the management of users’ email addresses, have been declared to CNIL, the French information commissioner’s office. The end purpose, recipients and conditions under which Dice Kayek collects and processes personal data are presented in the Website’s Confidentiality and Cookies Policy.

ARTICLE 15 – EDITING OF TERMS AND CONDITIONS OF SALE

Dice Kayek reserves the right to edit these Terms and Conditions of Sale at any time without notice. To be kept informed of any changes, Dice Kayek recommends that the Purchaser and, generally speaking, any user of the Website, should regularly reread the Terms and Conditions of Sale and the Confidentiality and Cookies Policy. The Order will be governed by the Terms and Conditions of Sale in force at the time of the Order.

ARTICLE 16 – GENERAL

16.1 Partial invalidity

If any of the provisions of these Terms and Conditions of Sale are held or declared to be invalid in application of an act or regulation or following the final decision of a competent jurisdiction, the other provisions shall remain in full force and effect.

16.2 Non-waiving of obligations

The fact that one of the Parties does not presume on a breach by the other Party of any of the obligations set out in these Terms and Conditions of Sale cannot be interpreted in the future as waiving the obligation concerned.

16.3 Applicable law and competent jurisdiction

The sale of Dice Kayek products is governed by French law regardless of the country of residence of the Purchaser and where the Order was placed. FAILING SETTLEMENT OUT OF COURT, ANY DISPUTE THAT MAY ARISE RELATING TO THE INTERPRETATION, PERFORMANCE OR BREACH OF THE AGREEMENT BETWEEN Dice Kayek AND THE PURCHASER SHALL BE SUBMITTED TO THE EXCLUSIVE COMPETENCE OF THE FRENCH COURTS IN APPLICATION OF THE RULES DECREED BY THE FRENCH CODE OF CIVIL PROCEDURE, EVEN IN THE CASE OF DIVERSITY OF DEFENDANTS. THE ORIGINAL FRENCH VERSION SHALL TAKE PRECEDENCE OVER THE ENGLISH TRANSLATION OF THESE TERMS AND CONDITIONS OF SALE WHICH ARE PROVIDED FOR INFORMATION ONLY.

16.4 Term of agreement

The Terms and Conditions of Sale shall apply throughout the period during which the products are offered for sale on the Website by Dice Kayek up until the end of the warranty period. Whatever the circumstances, the “Liability” clause shall survive extinguishment of the Terms and Conditions of Sale.