General conditions of sale

By using the website www.sunchild.fr, you agree to be legally bound by all the provisions of this User Agreement. Please read its provisions carefully. By using this site, you represent that you are 18 years of age or older, or at least the minimum legal age to form a binding contract in the jurisdiction in which you are viewing this site. In addition, when you use any current or future version of this site, you are subject to the terms and conditions of this Agreement. We may modify the terms and conditions of this Agreement from time to time. Your use of the site after any modification constitutes your agreement to the terms of the modified Agreement.

Article 1 – Scope of application

These general conditions of sale are exclusively applicable to items offered for sale bearing the brands marketed by the Company DIEGO SARL (hereinafter referred to as the Company) concluded remotely via the Company's Website identified by the domain names: www.sunchild.fr (hereinafter referred to as the Site):

by taking orders from non-commercial individual customers who are consumers and have their habitual residence in the country in which they view this site,

for delivery to said customers on their own behalf or to any third party of their choice who also has their habitual residence in the same territories and is a consumer.

Article 2 – Identification of the Company

DIEGO SARL: 3060 route de la legion 13400 Aubagne, FRANCE – Tel. +33 (0)9 54 19 28 58

Article 3 – Information relating to the articles and limitation of liability

The information on the Site is as accurate as possible. The Company cannot be held responsible for non-substantial errors that may affect the characteristics of the items. However, photographs and other reproductions of the items are for informational purposes only and have no contractual value. Most of the products displayed on the Site are available in selected retail stores in Europe and foreign markets, depending on available stocks. In some cases, the merchandise presented for sale on the Site may not be available for sale in retail stores.

Colors – DIEGO SARL, the company responsible for content administration, makes every effort to display the colors of the products appearing on the Site as accurately as possible. The colors you see depend on your computer screen; however, there is no guarantee that your screen's display of colors will be accurate.

DIEGO SARL has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means; it cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service or failure of the customer's connection to the Site, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law. DIEGO SARL reserves the right to modify these Terms of Use without prior notice. In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general terms and conditions of sale nor call into question the validity of the other provisions which will continue to apply.

Article 4 – Conditions for ordering items

4.1 To place an order on the Site, the customer must be of legal age and hold a bank card (Visa – MasterCard – Carte Bleue) to the exclusion of any other means of payment. Orders will be accepted within the limits of available stocks. To this end, the customer is informed at the time of ordering on the information page of the Site describing each of the items of the availability of the said item. If the items ordered are no longer available, the Company will inform the customer by email as soon as possible and will refund the price invoiced by bank transfer or will propose the modification of the order of the items concerned.

4.2 The Company shall be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order. If the Company finds that the order does not comply with these general terms and conditions of sale, it shall inform the customer within a maximum of six (6) days by telephone or by email. If the customer fails to correct any erroneous elements or those contrary to these general terms and conditions of sale with the Company, the Company reserves the right to cancel the order outright.

Article 5 – Confidentiality of personal data.

Please note that when placing an order, the Company collects personal data. This data is necessary for processing the order and may be communicated in whole or in part to the Company's contractual partners who are strictly involved in the execution of the order. The customer is informed that this same personal data is also collected by the organization responsible for analyzing orders and combating credit card fraud. Information and data concerning our customers are necessary for order management and business relations. In accordance with the Data Protection Act of January 6, 1978, amended by the Act of August 6, 2004 (French Code), all customers have the right, in particular, to access, oppose, and rectify their personal data. Simply send us an email indicating their surname, first name, email address, and address to: contact@sunchild.fr

Article 6 – Ordering via the Internet on the Site

Ordering on the Site is subject to strict compliance with the procedures embodied by a series of different screens indicating the steps that the customer must follow to validate their order.

Article 7 – Proof of order

Electronic mail will be valid between the parties, as will the automatic recording systems used on the Site, in particular with regard to the nature and date of the order.

Article 8 – Price of items

Unless otherwise stated, the prices displayed on the Site are in Euros, and include all taxes (TTC), excluding participation fees.

In accordance with the applicable rules and regulations in force, any purchase made through the website is subject to Value Added Tax (VAT). As such and in accordance with Chapter I of Title V of Directive 2006/112/EC of 28 November 2006 on the common system of VAT, the place of delivery is assumed to be that of the Member State to the address where the items are to be delivered and the applicable VAT will be that in force in each Member State where the items are to be delivered in accordance with the order forms.

In accordance with the rules and regulations applicable in each country, the rule provided for in Article 194 of Directive 2006/112 may apply to goods supplied in certain Member States of the European Union if the consumer is or must be subject to VAT. If this is the case, we will not charge you any VAT, subject to confirmation by the recipient of the delivery that the VAT on the delivered items will be accounted for by the consumer in accordance with the procedure provided for in Article 194 above.

Article 9 – Payment conditions

In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debit of the amounts owed by the customer proves impossible, the order will not be recorded by the Company. The amount owed by the customer is the amount indicated on the order confirmation sent by email to the customer. Payment will be made, unless the server is unavailable, immediately on the Internet – by Bank Card (Carte Bleue, or Visa Card) – In any event, DIEGO SARL reserves the right to refuse any order or delivery in the event of an existing dispute with the customer, total or partial non-payment of a previous order by the customer, refusal of authorization of payment by bank card or check from banking organizations, non-payment or partial payment, use of a Bank Card not issued by a French financial institution. DIEGO SARL cannot be held liable in this regard under any circumstances.

Article 10 – Securing transactions

sunchild.fr has partnered with CIC (French bank), and the secure payment interface is provided by CM-CIC P@iement. Upon payment, you will be automatically redirected to the CM-CIC P@iement payment platform. You can then securely submit your bank details. sunchild.fr does not have access to your bank details at any time.

Article 11 – Delivery

Delivery of items can only take place after receipt of payment for the order, to the delivery address indicated by the customer. Packages are shipped with the delivery slip, to the delivery address indicated by the customer when ordering.

11-1 Shipments for deliveries in Metropolitan France are processed:

By Colissimo against signature and are billed at a flat rate of €7.50 (euros) in Metropolitan France. The package is delivered by La Poste in 3 to 5 days within 72 business hours (for Metropolitan France). It is delivered against signature to the delivery address indicated on your order form. It is therefore important to be precise when filling out the relevant fields. In case of absence, the post office will send you a delivery notice, informing you of the conditions for collecting your package (location and timeframe). The processing times are generally 10 to 15 days. In the event that the carrier has failed to deliver your package (no contact despite a delivery notice, incorrect address), your package will be returned to us. We will contact you by email to inform you of the reason for this non-delivery. Depending on the case, we will confirm the delivery address with you and also agree on a new delivery date. Any unsuccessful delivery (wrong address, forgotten door code, stair number, wrong name on the intercom, etc.) will result in additional processing time for the order and reshipping. DIEGO SARL will cover the reshipping costs.

11-2 Shipments outside France and in Europe are insured:

By post via its Colissimo international service and are billed at a flat rate of 15 euros. The package is delivered within 3 to 5 working days (for Europe).

11-3 Shipments outside France and Europe are insured:

Colissimo international and are billed at a single flat rate of 20 euros.

11-4 Events beyond our control

We will not be liable for any failure to perform or delay in performance of our contractual obligations caused by events beyond our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):

strikes, closures or other industrial actions.

Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.

Inability to use rail, ship, air, road or other private or public means of transport.

Inability to use public and private telecommunications networks.

Acts, decrees, legislation, regulations or restrictions of any government.

Strike, failure or accidents in maritime, postal or other transport.

Our performance under the Contract will be suspended for the duration of the Force Majeure Event and our time limits for performance will be extended accordingly. We will use reasonable efforts to end the Force Majeure Event or to find a solution that allows us to perform our contractual obligations despite the Force Majeure Event.

Article 12 – Right of withdrawal and return of items

In accordance with the directive of the European Parliament and of the Council on consumer rights, the customer has a right of withdrawal which he can exercise, without having to justify reasons, within a period of fourteen days (14/30 days during the end-of-year holiday periods) clear days from receipt of the items. In addition to this 14-day withdrawal period, there is a maximum period of 14 days during which the customer must return the product(s) to the sender in their original packaging, in perfect condition, complete (accessories, instructions, labels, etc.) and accompanied by a copy of the invoice:

Send your feedback to

SUNCHILD – DIEGO SARL,

3060 Legion Road

13400 Aubagne,

FRANCE

Return costs remain in all cases the responsibility of the customer. The reimbursement of the invoiced price of the returned items will be made, with the exception of return costs which remain the responsibility of the buyer, by check or bank transfer at the latest within thirty (30) days following receipt by the Company of the returned items. Any item that cannot be returned to consumption as received will not be refunded. In the event of a complaint, you can contact us by mail Sunchild – 3060 route de la légion 13400 Aubagne, by email contact@sunchild.fr (Service hours: Monday to Friday from 8:30 a.m. to 5:30 p.m. – French time).

No returns will be accepted from our retailers.

Article 13 – Conformity – Guarantee

The customer must ensure upon receipt that the items delivered correspond to their order. Exchange and refund in the event of non-compliance of the order. The customer must inform DIEGO Company as soon as possible (7 days) by email at webmaster@sunchild.fr of any non-compliance in the execution of the order concluded. After agreement from the Company, the customer must return the items in question in their original packaging, in perfect condition, complete (accessories, instructions, warranty, etc.) and accompanied by a copy of the invoice, all addressed to E-boutique Sunchild – DIEGO SARL, 3060 route de la légion 13400 Aubagne, FRANCE. It will be the customer's responsibility to keep all proof of return, which assumes that the items are returned by registered mail or by any other means providing a certain date for this shipment. In the event of an error on our part on the order or delivery of a defective item, we will cover the return costs. In other cases, the return costs will be at your expense. DIEGO SARL will exchange the defective item(s) or refund the item(s) according to the buyer's wishes. In the absence of an exchange of the returned item(s), the refund of the invoiced price of the returned non-compliant items will be made, by credit card re-credit, at the latest within thirty days following receipt, by DIEGO SARL, shipping costs included if the entire order is defective.

Notwithstanding any specific warranty conditions that may be provided to the customer with the delivered item, the Company's items are subject to legal warranties in accordance with Directive 1999/44/EC of the European Parliament and of the Council.

Article 14 – Intellectual Property Rights

The Site remains the exclusive property of DIEGO SARL, which created and put online the web pages, images and script sources, and basic data composing it. The Services and all IT tools used by DIEGO SARL in connection with the Services contain confidential information that is protected in particular by intellectual property law. Any reproduction or representation, partial or total, for other purposes on any medium whatsoever is prohibited, except with the express prior authorization of DIEGO SARL in its capacity as author, modify, integrate the technical elements of the Services into a derivative work or use any other method to attempt to access the source code or protocols. Failure to comply with this prohibition constitutes an infringement that may incur the civil and/or criminal liability of the infringer against whom DIEGO SARL reserves the right to claim compensation for its full damages. You also acknowledge that all content on the DIEGO SARL website is protected by copyright, trademark law, patent law, or any other intellectual property right recognized by current legislation.

Article 15 – Disputes – Applicable law and jurisdiction

These general terms and conditions of sale are subject to French law. Any dispute arising from the interpretation of these provisions will be submitted to the courts. Contracts for the purchase of products entered into through our site will be governed by French law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the French courts. The provisions of this clause shall in no way affect your legal rights as a consumer.

REMARKS

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