- 236 route du Goulet, 38960 Saint-Étienne-De-Crossey
- +33 (0)6 63 10 67 84
- contact@ds-company.fr
These general terms and conditions of sale apply between SARL BAHIA, with a capital of 1000 euros, registered in the Grenoble Trade and Companies Register under SIRET number 840 326 706.
Hereinafter referred to as “the Company”, and any individual making a purchase via the ds-company.fr website,
Hereinafter referred to as “the Buyer”.
The purpose of these conditions is to define the terms and conditions of distance selling between the Company and the Buyer, from order to payment and delivery. They regulate all the steps involved in placing the order and ensure that the order is followed up between the contracting parties.
Placing an order on ds-company.fr published by SARL BAHIA implies unreserved acceptance of all the provisions of the present conditions.
The Buyer declares to be at least 18 years of age.
The products offered for sale by the Company are those listed on ds-company.fr on the day of consultation of the latter by the Buyer. Products are offered for sale while stocks last.
In the event of an error concerning the availability of an ordered product, the Company will inform the Buyer by e-mail as soon as possible. The Buyer then has the option of either being supplied with a product of equivalent quality and price, while stocks last, or being reimbursed for the price of the order within thirty days of payment of the order. The cost of delivery of the new product is borne by the Company.
The products offered for sale are described and presented as accurately as possible. The Company cannot be held liable for any errors or omissions in this presentation. The photographs and texts illustrating the products are for guidance only and are not contractually binding.
The prices displayed on the Site are indicated in euros, inclusive of all taxes, including VAT, but excluding delivery charges. If the VAT rate is modified, these changes may be reflected in the price of the articles without the Internet user being informed in advance.
The Company reserves the right to modify the selling price of products on the ds-company.fr website at any time. However, no price changes can be made after the order has been placed.
Prices for different delivery methods are indicated in article 5 “Delivery”.
Postage may be free (colissimo with signature) when the basket reaches a certain level expressed on the Site, including discounts. If a discount is applied and the basket price falls below this level, shipping charges will apply.
Products are payable in cash on the day the order is placed. No discount will be granted.
All orders are expressed in euros, all taxes included, with the VAT rates applicable in France. The seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the buyer, in the event of a payment incident or in the event of an existing dispute with the buyer.
The order validated by the buyer will only be considered effective once the bank payment centers concerned have given their approval. If the bank refuses, the order will be automatically cancelled.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
The seller does not store any banking information in order to prevent misuse of your credit card and to ensure the security of your payments when you make purchases on the site.
Payment is by bank transfer or Paypal, one of the best systems for security and fraud prevention (you can read their terms and conditions at https://www.paypal.fr/fr).
Any order implies the Buyer’s express and irrevocable acceptance of the prices and descriptions of the products available for sale, as well as of the present conditions.
The Buyer undertakes to provide all necessary information when placing an order or registering. The Buyer is therefore responsible for all information entered when registering and placing an order. In the event of problems or omissions due to an error concerning this information (address, name, etc.), the Company cannot be held responsible.
To place an order and complete a sale on the ds-company.fr website, follow the steps below:
Once the order has been validated, the Company sends the Purchaser a confirmation e-mail to the e-mail address indicated during the order or registration process.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify an order or cancel it, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to originate from merchants, resellers or distributors.
Deliveries are made in metropolitan France (including Corsica), Belgium and the European Union.
Products ordered are sent to the delivery address indicated by the Buyer when placing the order.
Logistical preparation and shipping costs are inclusive of VAT. All deliveries are announced by e-mail. The usual delivery time is between 2 and 5 working days, starting from the order of the product on the Site and validated payment.In the event of a delay in delivery of more than 30 days, if this is not due to a case of force majeure, the Buyer has the possibility of cancelling his order. The order will then be reimbursed within 15 days.
The Buyer or the recipient of the products must check the condition of the packaging and the order in the presence of the delivery person or the employee of the Post Office. In the event that damage or a missing product is detected, the Buyer or recipient must refuse the parcel, reporting the damage in the form of a report, and then inform the Company’s customer service department within 7 working days.
The Company cannot be held responsible for parcels returned due to a wrong address: NPAI (does not live at the address indicated), FD (wrong direction), incomplete address. Once the parcel has been received by the Company, the Purchaser will be notified by e-mail and offered the option of returning the order against payment of the corresponding reshipment costs. In the event of refusal on the part of the Purchaser or without any news from the Purchaser within 7 days, the Company will cancel the order and reimburse the Purchaser for the amount of the products ordered, excluding the initial shipping costs.
In the case of returned parcels that have not been claimed at a collection point, the Buyer will be notified by e-mail as soon as the Company has received the parcel. The Buyer will be offered the option of returning the order against payment of the corresponding reshipment costs. In the event of refusal on the part of the Purchaser or without any news from the Purchaser within 7 days, the Company will cancel the order and reimburse the Purchaser for the amount of the products ordered, excluding the initial shipping costs.
For orders from the European Union, the Company cannot be held responsible for any customs blockage. In the event of your order being held up at customs, we are unfortunately unable to offer any compensation. We invite you to inform yourself about the legislation of your country concerning the remote purchase of e-liquids or electronic cigarettes before placing an order on the ds-company.fr website.
The products sold by the Company are covered by the legal guarantee of conformity under the conditions of article L. 217-4 et seq. of the French Consumer Code, as well as by the guarantee of hidden defects, in accordance with articles 1641 of the French Civil Code.
The Company is liable for defects in conformity existing at the time of delivery of the product: defects which did not exist at the time of delivery and only became apparent subsequently are not covered by the warranty. It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation (when the latter is its responsibility under the contract or has been carried out under its responsibility). In the event of delivery of a non-conforming product or in the event of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Purchaser for the price of the product, or to exchange the product for an identical one depending on available stocks, or to exchange it for a product of equivalent quality and price depending on available stocks. Any action arising from a lack of conformity must be brought within two years of delivery of the goods. The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
These provisions are not exclusive of the right of withdrawal defined in article 7 hereof.
Products modified, repaired, integrated or added by the Buyer or any other person not authorized by the supplier of said product or service are excluded from warranty. The warranty does not apply to apparent defects. The warranty does not cover products or services damaged in transit or by misuse.
The Company may not be held liable in the event of failure to meet its contractual obligations due to an act of God or force majeure, as defined by case law.
The Company guarantees batteries and chargers for 1 month. Batteries that malfunction due to misuse, chargers or atomizers not supplied by ds-company are excluded from the guarantee.
The Company cannot be held responsible for the choice of products made by the Buyer or for any misuse of the product or failure to comply with the recommendations for use.
The Company is not the manufacturer of the products sold, and consequently cannot be held responsible for any damage caused to property and/or persons as a result of a product defect.
The Buyer has a period of fourteen clear days from receipt of the products to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return. If the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
If the right of withdrawal is exercised, the Company will reimburse the Purchaser for all sums paid, as soon as possible and no later than thirty days following the date on which this right was exercised. For the right of withdrawal to be exercised, all products concerned must be intact, unused and complete, in their original packaging.
For any retraction request, the Buyer must complete the retraction form available at https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397d, attach the invoice for the order concerned and return it by post or e-mail within 14 days of the order delivery date.
The Buyer may also make his or her withdrawal request without using the form provided, by means of a letter or e-mail, clearly and unambiguously expressing his or her wish to withdraw.
The Buyer is required to return the products in his order within 14 days of communicating his desire to withdraw. Referral arrangements are detailed in article 8 of these general terms and conditions of sale.
For all return requests, the Buyer must contact the Company’s customer service department via the form on the ds-company website and describe precisely the nature of the problem encountered.
In the event that the Buyer makes use of his/her right of withdrawal, the cost of returning the product(s) concerned shall be borne by the Buyer.
When the return is made in the context of one of the guarantees provided for in article 6, the shipping costs are offered by the Company within 30 days of the date of receipt of the order by the buyer in the form of a colissimo voucher to be printed. Beyond these 30 days, return shipping costs are at the Buyer’s expense; if the product malfunction proves to be taken care of, the initial return shipping costs will be reimbursed to the Buyer via one of the available payment methods or via the customer interface in the form of loyalty points.
In accordance with the General Data Protection Regulation (GDPR), you will find below details of the conditions under which the Company collects and uses your personal data:
9.1 : What data is collected?
9.2 : How is data collected?
Personal data may be collected in different ways depending on your actions on the Company’s website:
9.3 : Why is your data collected?
We may also use cookies:
9.4 : Who processes your data?
The data collected is processed by the Company’s staff in charge of orders and shipments, customer service and invoice management.
In the course of our business, the data collected may be transmitted to service providers, and in particular to :
Each of our partners is committed to respecting the confidentiality of your personal data.
As regards payment methods (PayPal), the Company has no access to your bank details and numbers. Transactions are encrypted, guaranteeing the identity of the organization and the security of your data.
Your data may be transferred to any purchaser or successor in the event of a merger, assignment, restructuring, reorganization, dissolution or other sale or transfer of all or part of the assets of ds-company.fr. Data may also be disclosed to comply with any mandate required by applicable laws, or to maintain the protection of the rights, property or safety of ds-company.fr, its customers or other stakeholders.
9.5 : How long is your data stored?
If you subscribe to our newsletter, your data will be kept until you unsubscribe.
When you contact ds-company.fr (form, e-mail, telephone…) your data may be stored:
9.6 : What are your rights?
Depending on your actions on the site, you have the possibility of controlling the flow of data that you transmit to us; if you do not wish to provide data, your actions on the ds-company.fr site will be limited to browsing; if you refuse to provide personal and payment information, any order on the site will be unsuccessful. You can prevent the recording of information via cookies at any time by modifying your browser’s cookie settings.
You can consult or update your data at any time via your customer area, and modify your subscription settings (newsletter, etc.).
In accordance with the provisions of the applicable regulations on the protection of personal data, in particular the European Data Protection Regulation 2016/679 (the “RGPD”) as well as the law of January 6, 1978 n°78-17 known as “Informatique et Libertés” and its amendments, you have a right of access and a right to rectify your Data.
In addition, subject to the conditions laid down by the aforementioned regulations for the exercise of these rights, you benefit from :
All elements of the Site are protected by copyright, trademarks or patents. They are the exclusive property of the Company.
These terms and conditions of sale shall be governed by and construed in accordance with French law.
In the event of a dispute, the Buyer undertakes to contact the Company as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties.
Failing conciliation, the French courts shall have sole jurisdiction.
The Company reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of modification, the general sales conditions in force on the day of the order will be applied to each order.
