This translation is provided for informative purposes only. Only the French version of the Terms of Service can be deemed thorough and authentic.
The online shop for the website www. darchoumicha.com is established by the company:
joint stock company with capital of € 50.000, 00
Registered with the RCS in PARIS.
SIRET : 53823009500019
SITI INTERNATIONAL is the operator of this website. Any order placed through the online shop of www.darchoumicha.comimplies the previous consultation of these Terms of Service.
Therefore, the customer acknowledges that their agreement to these Terms of Service does not require a written signature of this document, as far as online orders on this online shop are concerned. The customer has the faculty to save or edit these Terms of Service, while keeping in mind that saving as well as editing these Terms of Service fall under the customer’s responsibility alone. The customer, prior to placing their order, hereby declares that the purchase of these products has no direct link to their professional activity, and that the products are for personal use only. As a consumer, the customer has specific rights, which would come into question if the products or services purchased on this website had any link to a professional activity. The online shop managed by SITI INTERNATIONAL on this website mentions the following information:
- A legal notice, identifying SITI INTERNATIONAL precisely as a company
- Presentation of the main charateristics of the products for sale
- Prices in Euro (of the products, and if applicable, of the delivery charges)
- Payment modes, delivery and execution options
- The existence of a right of withdrawal
- The validity of the prices and/or special offers
All of that information is presented in French. The consumer declares having the full legal capacity to agree to these terms.
Article 1 : Preamble
These Terms of Service express the entirety of obligations between parties. In the sense, the consumer is presumed to fully accept the dispositions mentioned in these Terms of Service. No general or specific condition appearing on any documents the consumer might receive can be added to the present Terms, even if said new documents happen to be in contradiction with these Terms.
Article 2 : Purpose
These Terms of Service aim to define the rights and obligations of the parties, in the context of online sales of goods and services offered by SITI INTERNATIONAL to the consumer.
Article 3: Binding documents
The present contract is formed by the following binding documents, presented in descending order of hierarchy: Terms of Service, order slip. In case of a contradiction between documents of varying rank, the highest-ranking document shall prevail.
Article 4: Period of validity
The present Terms enter into effect from the moment the order is placed. These terms remain valid for the time necessary to the delivery of the goods and services, and until the guarantees provided by SITI INTERNATIONAL expire.
Article 5: Electronic signature
The double click on the order page constitutes an electronic signature, which has the same value as a hand written signature between the parties.
Article 6: Order confirmation
The binding information will be confirmed by email, at the time of delivery at the latest, or, failing that, at the address provided by the consumer on the order.
Article 7: Proof of purchase
The electronic records, kept on SITI INTERNATIONAL’s computer servers in reasonable safety conditions, are considered proof of communication, of orders, and payments, which have occurred between SITI INTERNATIONAL and the consumer. Order slips and bills are archived on a secure and durable medium, and can be retrieved as proof.
Article 8: Product information
8-a : SITI INTERNATIONAL displays on its website the products for sale, with the characteristics necessary to comply with L 111-1 of the French Consumer Code, which allows for the potential consumer to find out said characteristics before purchasing the product.
8-b : The offers presented by SITI INTERNATIONAL are only valid until stocks run out.
8-c : SITI INTERNATIONAL reserves the right to change the composition and packaging of its products in case of changes in its supply.
Article 9: Price
Prices are quoted in Euros and are valid until the date of dispatch of order by the consumer. They do not include delivery fees, which are charged extra and indicated before the validation of the order. The prices include the applicable VAT on the date of the order and any change in the VAT rate will be automatically reflected of the prices of the online store. Payment of the full price must be made when ordering. At no time can payments be considered as a deposit or deposits.
Article 10: Payment
To pay the order, the consumer has can utilize all modes of payment specified in the order form. The consumer assures the company SITI INTERNATIONAL it has required permission to use the payment method chosen by him, by validating the order form. The company SITI INTERNATIONAL reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card from the officially accredited bodies, or in case of nonpayment. The company SITI INTERNATIONAL specifically reserves the right to refuse delivery or to deliver an order from a consumer who has not fully or partly paid a previous order or with whom a payment dispute was being processed.
Article 11: Availability of Products
The order will be executed no later than within 3 days from the day after the consumer placed the order. In case of unavailability of the product ordered, including because of our suppliers, the consumer will be informed at the earliest and will have the option to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or an exchange of the product.
Article 12: Delivery
The products are delivered to the address specified by the customer on the order form. The consumer has to check the packaging of the goods upon delivery and report any damage to the carrier on the delivery, and the company SITI INTERNATIONAL within one week. The consumer may, at its request, be sent an invoice to the billing address and not delivery address by validation the option provided for this purpose on the order form. Regarding shipping, we work mainly with Colissimo Suivi. When we conduct a shipment, you will immediately receive an email informing you.
To keep postage costs as low as possible, all Small to medium items are sent through Colissimo Suivi, a service from La Poste. Aside from being economical, this service delivers within 48 hours over all of metropolitan France, and allows you to retrieve your parcel from the closest post office (La Poste) if you miss your delivery. So if you are away from home on delivery day, your mailman will leave a delivery notice slip in your mailbox, and you will have 15 days (two weeks) to collect your parcel from the post office, during their business hours. Colissimo Suivi is a very reliable service. Nevertheless, as with any delivery service, there could be a delay, or a misplacement of your parcel. In the event of a delay (ie you did not receive your parcel on the date given in your email notification), please let us know, either by telephone, or by sending us an email. We will contact La Poste to start an enquiry. An enquiry with La Poste can take up to 21 days, starting from the beginning of the investigation. If your parcel is recovered before the end of the enquiry (as with most missing parcels), it will immediately be rerouted and sent to your delivery address. If however the parcel cannot be found within the 21 days, La Poste will consider your parcel lost. Only then can Dar Choumicha replace the order and re-send it to you, free of charge. If the contents of your order are no longer available in our inventory, you will receive a full refund for the items in question. If one or more items in your order are still available, but have gone up or down in price, we will charge you the new price. If the item(s) have gone down in price, we will reimburse you the difference, and if they have gone up in price, you will be asked to send us a cheque for the difference. We decline all responsibility for delays in delivery caused by the service provider, like in case of a lost parcel or a strike.
Article 13: Delivery problems caused by the service provider
Any problem with the delivery (including but not limited to spoilt goods, missing items, damaged parcel, broken products) must imperatively be flagged on the delivery slip, with your signature. The Customer will also have to confirm this anomaly with two business days, by sending the delivery service provider a priority letter (with delivery notice), detailing the anomaly described on the slip. The Customer must also provide our Customer Service department a copy of this letter, either by fax or by regular mail, at the following address :
Service Client Dar CHOUMICHA
28, rue Giroux
75 015 Paris - France
Fax : +33 (0)170790578
Article 14: Delivery errors
14-a: The consumer must make any claims of error of delivery and / or non-compliance goods in kind or in quality compared to entries on the order form, to the company SITI INTERNATIONAL on the same day of the delivery or on the first business day after delivery at the latest. Any claims made after this time will be rejected.
14-b: The formulation of this claim with the company SITI INTERNATIONAL can be made primarily by e-mail : [email protected], or by fax (+33 (0)170790578).
14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company SITI INTERNATIONAL of any responsibility towards the consumer.
14-d: Upon receiving the complaint, the company SITI INTERNATIONAL will assign a number of exchange of the product(s) concerned and communicate it by e-mail, fax or telephone to consumers. The exchange of a product can only take place after an exchange number has been assigned, following the protocol outlined above.
14-e: In case of error of delivery or exchange any product for exchange or refund will be returned to society SITI INTERNATIONAL in its entirety and in its original packaging, by Colissimo Recommandé, at:
28, rue Giroux
75 015 Paris - France
To be accepted, any return has to be reported in advance to the Customer Service of SITI INTERNATIONAL.
Mailing costs are borne by SITI INTERNATIONAL, except where it is proven that the product is not included in the original declaration made by consumer in the right of return.
Article 15: Right of withdrawal
The consumer has a period of 10 days to return, at their own expense, the products that do not suit them. This 10 day period starts from the day of deliver. If the end of the deadline falls on a Saturday, Sunday or bank holiday, it is extended until the next business day. All returns must be reported in advance at the Customer Service of SITI INTERNATIONAL by e-mail [email protected] or by fax (+33 (0)170790578)
The product must be returned to Colissimo Recommandé at the following address:
28, rue Giroux
75 015 Paris - France
Only products returned in their original condition and packaging, and in perfect condition for resale will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except the cost of return. In the case of the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid or exchange the product. In the case of an exchange, the return will be at the expense of the consumer.
When the consumer exercises their right of withdrawal, the company SITI INTERNATIONAL will make every effort to reimburse the consumer within 15 days.
The consumer will be refunded and re-credited to his bank account (secure transaction) if paid by credit card or cheque in other cases.
Article 16: Rights of Use
The right to use the SITI INTERNATIONAL’s logos and images, as well as those distributed by it shall be given to consumers in a non-exclusive, personal and not transferable in accordance with the Code of Intellectual Property. In any event, the software author retains ownership of this work, which the consumer agrees to comply.
Article 17: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or cause beyond control. Any compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and which can be prevented by them, despite all efforts reasonably possible, can be considered fortuitous event or cause beyond control. The party affected by such circumstances shall notify the other within ten business days following the date on which it becomes aware. Both parties will then, within one month, unless unable due to cause beyond control, examine the impact of the event and agree upon the conditions under which the contract will be continued. If the cause beyond control lasts longer than three months, the aggrieved party may terminate these terms. Explicitly, are considered as cause beyond control or fortuitous events, in addition to those usually retained by the jurisprudence of courts and tribunals French: blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning; failure of telecommunication networks or difficulties specific to telecommunication networks to external customers.
Article 18: Partial invalidity
If one of more of these present Terms are judged invalid or non compliant to any laws, or invalidated by a ruling of a competent judicial authority, the other terms shall retain their full force and scope.
Article 19: Non waiver
The fact that one party did not claim a breach by the other party to any of the obligations contained in these Terms shall not in any event be construed in the future as a waiver of the requirement involved.
Article 20: Title
In case of difficulty to interpret any of the titles at the head of clauses, and any of the clauses, the titles shall be declared nonexistent.
Article 22: Applicable law
These general conditions are subject to French law. This applies to substantive as well as adjectival rules. In case of dispute or claim, the consumer will reach out primarily to the company SITI INTERNATIONAL for an amicable solution. In a second time and on appeal, the consumer may file a complaint with the competent court.
Article 23: Computer and freedoms
The information requested from the consumer is required to process the order and will be communicated to the contractual partners of the company SITI INTERNATIONAL involved in the execution of this order. The consumer may write to the company SITI INTERNATIONAL, whose contact info is available in the “Legal Notice” section of this website, to oppose such disclosure or to exercise rights of access, rectification of their information contained in the files of the company SITI INTERNATIONAL, as provided by law of January 6, 1978.