Terms of sale

 

PREAMBLE
1 - The website deflincreations.com is published by the company DEFLIN CREATIONS, a Limited Liability Company (SARL) with a capital of €7,000, headquartered in Dardilly (69570), 6 chemin du Pelosset, registered under the unique identification number RCS Lyon B987393253, and under the following intra-community VAT number: FR 76987393253. The company can be reached by phone at: +33632821789.
The publication director is Emmanuel Deflin.
DEFLIN CREATIONS is the seller of the products presented on its website: deflincreations.com ("the Website").
This website is hosted by Shopify Inc company based in Canado, 126 York St. Ottawa, ON K1N 5T5 - Tel. 1-613-241-2828

2 - These General Terms and Conditions of Sale apply between DEFLIN CREATIONS and the Customer of the Website.
The General Terms and Conditions of Sale, along with the order confirmation issued by DEFLIN CREATIONS, constitute the sales contract between the Customer and DEFLIN CREATIONS concerning the sale of the ordered Products.
Any order placed on the Website requires prior and unconditional acceptance of the General Terms and Conditions of Sale in their entirety by the Customer. If the Customer disagrees with the terms of these General Terms and Conditions of Sale, they should not use the Website.
DEFLIN CREATIONS reserves the right to adapt or modify these General Terms and Conditions of Sale. Any changes will apply to all orders made after the modifications.
In case of any changes, the General Terms and Conditions of Sale applicable to the Customer's order are those that were online and accepted by the Customer on the day the order was placed.

ARTICLE 1 - DEFINITIONS
The terms and expressions capitalized in these General Terms and Conditions of Sale have the meanings provided below (whether used in the singular or plural):

• "General Terms and Conditions of Sale": refers to this document, i.e., the terms and conditions governing the relationship between DEFLIN CREATIONS and the Customer.
• "Order": refers to the Customer's purchase order for one or more Products placed using the Website or via Customer Service.
• "Website": refers to the website accessible at the address deflincreations.com and/or any other address with a different extension that may be added or substituted.
• "Product": refers to a product offered for sale on the Website.
• "Customer": refers to any natural or legal person using the Website and purchasing one or more Products for personal or professional needs, through the Website, after having accepted the General Terms and Conditions of Sale.

ARTICLE 2 - PURPOSE
The General Terms and Conditions of Sale define the rights and obligations of DEFLIN CREATIONS and the Customer in the context of the sale of Products by DEFLIN CREATIONS on the Website.
Any use of the Website and any order of one or more Products placed through the Website implies full and unreserved acceptance of the entire General Terms and Conditions of Sale.
The General Terms and Conditions of Sale are available at the following address: https://deflincreations.com/en/policies/terms-of-sale .
Only individuals of legal age and with the legal capacity to enter into contracts for the Products offered for sale on the Website may place an Order on the Website.
By placing an order, the Customer guarantees that they have the legal capacity to accept the General Terms and Conditions of Sale, place an Order, and conclude a sale.

ARTICLE 3 - ACCOUNT CREATION
To order Products on the Website, the Customer must create an account by providing the required information in the registration form (email, first name, last name, password, and date of birth) or legal information for companies (legal name, address, business registry).
The Customer declares that they provide complete and accurate personal information to allow for their precise identification in any situation. The Customer agrees to keep this information up to date. Any false information or information contrary to public order or infringing on the rights of third parties may result in the closure of the Customer's account and the cancellation of their Order.
When creating their account, the Customer chooses a username and password to access their account. The Customer agrees to keep their username and password confidential.
The Customer is responsible for all actions performed on the Website using their username and password. Any registered user on the Website is bound by any Order placed using their login details, subject to the right of withdrawal outlined in article 9.3. Without limiting the foregoing, the Customer will notify DEFLIN CREATIONS immediately of any unauthorized access to their account or any unauthorized disclosure of their username and password.

ARTICLE 4 - ORDER PROCEDURE
4.1. The Customer can place an Order, in French or English, directly on the Website, after entering their login details, as per Article 3.
4.2. While browsing the various sections of the Website, the Customer can add the Products of their choice to their shopping cart by clicking the "Add to Cart" button. At any time and until the final confirmation of the overall order, the Customer can change their mind, adjust quantities, and cancel one or more selected Products.
The steps necessary to complete the sale are detailed on the Website as follows:

• Selecting products to add to the shopping cart
• Creating an account or logging in to an existing account
• Entering shipping and, if applicable, billing details (if different)
• Choosing a payment method and reviewing the order summary
• Providing payment information and confirming the order
• Receiving a payment confirmation email
  The order process is finalized when DEFLIN CREATIONS sends a confirmation of the order.

4.3. In accordance with the provisions of Article 1369-5 of the Civil Code, the Customer will have the opportunity to verify the details of their Order and its total price and, if necessary, correct or modify it before definitively confirming their order to express acceptance.
DEFLIN CREATIONS cannot be held responsible for input errors made by the Customer, nor for any resulting delays or delivery errors. In such cases, any additional shipping costs will be borne by the Customer.

4.4. Once the contents of their shopping cart are validated, the Customer will confirm their Order by:

• completing all requested information;
• validating the Order by making the payment.
  The Customer’s validation of the Order by "clicking" constitutes acceptance of the General Terms and Conditions of Sale, the price, and the features of the Products purchased.

ARTICLE 5 - ORDER CONFIRMATION
5.1. Once the Order has been validated by the Customer in accordance with the terms of Article 4.4, an order confirmation email, acknowledging receipt of the Order and including all relevant information, will be sent by DEFLIN CREATIONS to the Customer as soon as possible.
5.2. The Order will only be considered final once DEFLIN CREATIONS sends the Customer the confirmation email mentioned in Article 5.1, and the sale of the Product(s) will only be recognized once the corresponding price has been paid by the Customer.
5.3. Product and price offers are valid as long as they appear on the Website, which is updated daily.
Product offers are subject to stock availability. If a Product becomes unavailable, particularly due to a stock shortage, DEFLIN CREATIONS agrees to remove it from the Website or update the new availability timeframe. Products sold under the Emmanuel Deflin brand on the site are made to order by DEFLIN CREATIONS, as specified in the order confirmation, along with the production timeline. Promotional or commercial offers are indicated as such on the Website and specify their validity period.

5.4. If a Product ordered by the Customer becomes unavailable, particularly due to a production or distribution halt by a supplier, DEFLIN CREATIONS will inform the Customer by email as soon as the unavailability is known.
DEFLIN CREATIONS will inform the Customer of a new availability date if applicable and may offer an equivalent Product.
If the Customer declines to wait for the Product's availability or refuses an equivalent Product, the Customer will be refunded for the price of the Product within 15 days following the confirmation of the refusal, provided their bank account has been debited.

5.5. In accordance with Article L.122-1 of the Consumer Code, DEFLIN CREATIONS is entitled to refuse any Order for legitimate reasons, such as payment issues, foreseeable delivery difficulties, abnormal orders, or bad faith purchases. DEFLIN CREATIONS also reserves the right to request proof of identity by email and/or phone, in which case the Customer may cancel their Order.
Additionally, DEFLIN CREATIONS is entitled to refuse the Order if the prices displayed online or reflected in the Order are, due to an error or technical malfunction, such as a computer bug, significantly incorrect or non-compliant with the actual sale price of the Product.

ARTICLE 6 - PRODUCT PRICING
6.1. The price of the Products indicated on the Website is in Euros, inclusive of all taxes. In addition to the Product price, logistics preparation and delivery fees, which are also the Customer's responsibility, will be added. The total amount of these fees, or the method for calculating them if they cannot be determined in advance, will be communicated to the Customer before they confirm their Order.

6.2. For the delivery of Products outside French territory, particularly to countries within the European Union, the provisions of the General Tax Code regarding VAT will apply. For deliveries outside the European Union, the Customer will be required to pay customs duties, VAT, or other taxes due upon the importation of the products into the destination country.
The formalities, declarations, and payments associated with this are the sole responsibility of the Customer unless otherwise specified. The Customer is solely responsible for verifying the possibility of importing the ordered products in accordance with the laws of the delivery destination country.

6.3. DEFLIN CREATIONS reserves the right to change prices, but the price applicable to the Customer's Order will remain the one indicated in their shopping cart summary at the time of Order validation. Prices are shown online or in the Order confirmation, unless they prove, notably due to an error or technical malfunction, a computer bug, to be derisory or not in line with the actual sales price of the Product.

ARTICLE 7 - PAYMENT

7.1. Payment Scope: The price of the Products and the logistical preparation and delivery costs are fully payable by the Customer at the time the Order is placed. By exception to Article L.131-1 of the Consumer Code, this payment does not constitute a deposit.
The Customer also agrees to pay or arrange for payment, particularly in the case of sales outside the European Union, directly to the freight forwarder or carrier, for any customs duties, VAT, or other taxes due upon importing the products into the delivery country.

7.2. Payment Method: Payment for the Order can be made, notably by credit card, in a secure environment, according to the methods offered on the Website.
A payment order made by credit card cannot be canceled. The Customer's payment of the Order is irrevocable, without prejudice to the Customer's right to exercise their right of withdrawal.
The Customer guarantees that they are the holder of the credit card and that it has sufficient funds to cover the payment of the Order confirmation.
The Customer's bank account will be debited after the Order confirmation date.
The Customer may also pay for the Order via PayPal or other payment solutions offered by Shopify Payment. The Customer then guarantees to DEFLIN CREATIONS that they have the necessary authorizations to use these payment methods when placing the Order or may also pay by bank transfer, in which case the Order will be definitively validated after receipt of full payment.
The Website is secured to protect all payment-related data. DEFLIN CREATIONS never has access to confidential payment information, which is why these details are requested with every Customer Order.

7.3. Default Payment and Retention of Ownership: The Products ordered remain the property of DEFLIN CREATIONS until full and final payment of the sales price.
In case of non-payment, DEFLIN CREATIONS has the right to reclaim the ordered products, and the Customer agrees to return any unpaid Products, with all costs being borne by them.
However, upon delivery, the risk is transferred, and the Customer bears the risk of loss or damage to the delivered products.

7.4. Payment Security: All information exchanged for processing order payments is encrypted using SSL protocol.
For all credit card orders, DEFLIN CREATIONS uses Shopify Payment, a secure payment solution that encrypts all information you provide and ensures the required confidentiality and security.
Shopify Payment is PCI DSS certified by Visa, Mastercard, which requires the strictest control of financial data stored, processed, and transmitted.
No credit card number is stored by DEFLIN CREATIONS.

ARTICLE 8 - DELIVERY

8.1. Delivery Location: As a general rule, Products will be delivered after the Order payment has been processed to the delivery address provided by the Customer during the Order process.
DEFLIN CREATIONS delivers Orders within European Union countries, excluding Overseas Territories. Other destinations may be requested via email to DEFLIN CREATIONS at info@deflincreations.com.

8.2. Preparation and Delivery Fees: The Customer's participation in logistical preparation (processing; shipping) and delivery fees, including all taxes (VAT included), will be indicated to the Customer before the final validation of the Order.

8.3. Delivery Time: The delivery time will be indicated to the Customer during the Order process, prior to Order validation and before payment.
In any case, the maximum delivery time is ninety (90) working days from the Order confirmation of the Product unless otherwise specified to the Customer before the Order is placed, as noted on the Order confirmation.
In case of delivery delay, the Customer may request DEFLIN CREATIONS to deliver, and if necessary, cancel the sale under the conditions provided by Articles L.1138-2 and 3 of the Consumer Code, provided that the delay is not attributable to the Customer, particularly in cases of repeated unavailability to receive the delivery. If the contract is canceled, DEFLIN CREATIONS will refund the payment within 14 days.

8.4. Delivery Consideration: A delivery is considered completed when the Product is made available at the delivery location agreed with the Customer during the Order process and, if applicable, with the carrier.

8.5. Product Retrieval in Case of Absence: If the recipient is absent during delivery, the carrier will leave a delivery notice at the address provided by the Customer. Depending on the carrier used by DEFLIN CREATIONS, the Customer may either retrieve their Products at the address and under the conditions indicated by the carrier or schedule another delivery date with the carrier.
If the Products are not collected within the time specified by the carrier, they will be returned to DEFLIN CREATIONS, which reserves the right to refund the price to the Customer, with shipping costs remaining the Customer's responsibility.

8.6. Effect of Delivery: The risk transfer occurs at the time of delivery, upon the handover of the Products at the delivery address provided by the Customer, or when retrieving the Products from the carrier.
Without prejudice to the time the Customer has to exercise their right of withdrawal, upon receipt of the Products, it is the Customer's or the recipient's responsibility to ensure the Products correspond to the Order and to check the condition and compliance of the Products in relation to their Order.
If, upon delivery, the outer packaging is damaged, the Customer or recipient will open the package in the presence of the carrier to verify the condition of the Products. If any damage to the Products is found, the Customer must refuse the damaged Products and note "refused for damage" on the return slip.
The Customer or recipient must document and identify any visible defect in the Product’s packaging on the delivery note before signing, such as "impact on box - box dented and/or torn...". It is strongly recommended to take some photos.
Without prejudice to the warranties available to the Customer under Article 9, for any claim regarding an apparent defect or damage during delivery, the Customer must contact DEFLIN CREATIONS within 48 hours in order to preserve DEFLIN CREATIONS’ rights against the carrier, and in the case where the Product is still in the Customer’s possession, to initiate the return process under the conditions set out in Article 9.4.
In the event of delivery refusal or return of the Product for the reasons mentioned above, the Customer may request a new delivery or the cancellation of their order under the conditions outlined in Article 9.1.3.

ARTICLE 9 - CONFORMITY - WARRANTY - RIGHT OF WITHDRAWAL

9.1. Product Conformity
9.1.1. The information and descriptions provided for each Product sheet, including photographs, technical characteristics, and descriptions, are communicated to DEFLIN CREATIONS by the Product suppliers.
In accordance with Article L.111-1 of the Consumer Code, DEFLIN CREATIONS aims to inform the Customer and enable them to know the essential characteristics of the Product.
Before shipping, the Products delivered to the Customer are checked to ensure their conformity with the description provided on the Website.
However, it is specified that, for technical reasons (photographic and computer), the actual appearance of the Products may slightly differ from the photographs shown on the Website.

9.1.2. In addition to the specific warranty conditions that the Customer benefits from for the considered Product, the Products presented on the Website are subject to the following legal warranty conditions.
According to Article L.211-4 of the French Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is liable for any conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from the packaging, assembly instructions, or installation when such was their responsibility under the contract or was carried out under their supervision."
According to Article L.211-8 of the French Consumer Code:
"The buyer has the right to demand that the goods conform to the contract."
According to Article L.211-5 of the French Consumer Code:
"To comply with the contract, the goods must:
1 - Be suitable for the purpose usually expected of similar goods and, where applicable:
2 - Correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
3 - Present the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer, or their representative, especially in advertising or labeling (...)."
Article 1641 of the French Civil Code
The seller is liable for hidden defects in the sold item that make it unsuitable for its intended use, or that so diminish its use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects.
9.1.3. In accordance with Articles L.211-9 and L.211-10 of the French Consumer Code, the rectification of the consequences of a conformity defect, duly established and confirmed as such by DEFLIN CREATIONS, includes, at the Customer's choice (unless this choice results in a clearly disproportionate cost considering the value of the item or the significance of the defect compared to the other option), either the repair or the replacement of the Product.
If the repair or replacement of the item is impossible, the Customer can return the item and receive a refund of the price or keep the item and receive a partial refund of the price.
In these different scenarios, the Customer must contact DEFLIN CREATIONS to arrange the return of the relevant Product.
Where justified, the application of the provisions of Articles L. 211-9 and L. 211-10 of the French Consumer Code takes place without any cost to the buyer.
9.2. Warranty
To avoid any inconvenience, the products are inspected by DEFLIN CREATIONS before shipment.
The products sold are covered by a legal warranty of 2 years against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
To implement the warranty, the customer must return the product to DEFLIN CREATIONS at their expense, enclosing the original invoice.
The product will be exchanged for an identical one and sent to the customer at DEFLIN CREATIONS' expense, except in cases of stock shortages or the product being discontinued from DEFLIN CREATIONS' range. In such cases, DEFLIN CREATIONS will refund the product price to the customer.
9.3. Right of Withdrawal
9.3.1. Any individual Customer acting for purposes outside their commercial, industrial, artisanal, or liberal activity, who is not satisfied with the Products ordered, must be able to exercise their right of withdrawal without penalties, under the best possible conditions.
In accordance with Articles L.121-21 et seq. of the French Consumer Code, the legal withdrawal period is fourteen (14) clear days from the day following the physical receipt of the Product, or from the receipt of the last product in the case of an order for multiple products.
A Customer returning the Product in the context of exercising their right of withdrawal is entitled to a refund of the price of the ordered Products; however, delivery costs will remain the responsibility of the Customer.
9.3.2. To exercise this right of withdrawal, the Customer must notify DEFLIN CREATIONS of their decision to withdraw by making a clear declaration, such as a letter sent by post, fax, or email to info@deflincreations.com, using the suggested form below, which is not mandatory.
WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract.)
To DEFLIN CREATIONS:
I hereby notify you of my withdrawal from the contract for the sale of the
Product (product description, reference number): __________________________________
Order Number: _________________________________________________
Order Date: ___________________________________________
Product received on: ________________________________________________________
Reason for withdrawal (e.g., withdrawal within 14 days, return, etc.):

Customer Name: ________________________________________________________
Customer Address: _________________________________________________
Customer Signature (only if this form is sent on paper):

Date of Withdrawal: ___________________________________________________
This withdrawal letter should be sent to DEFLIN CREATIONS, 6 chemin du Pelosset, 69570 Dardilly, FRANCE. The package containing the returned product must also be sent to the same address.
DEFLIN CREATIONS will promptly send the Customer an acknowledgment of receipt of the withdrawal by email. Your request will be processed by our Customer Service, and we will send you a return authorization number to include with your items. Without this return number, no refund or exchange can be processed.
Only Products returned in their original packaging, complete (accessories, instructions, etc.), and in perfect resale condition (not soiled, not damaged, not worn) will be accepted for return or exchange. The Customer is only liable for any reduction in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
The return shipping costs remain the responsibility of the Customer, except in cases of proven conformity defects or hidden defects in the Product.
In the event of withdrawal, DEFLIN CREATIONS will refund the payment made for the relevant order, including delivery costs (except for any additional costs arising from a delivery option chosen by the Customer other than the least expensive standard delivery method offered by DEFLIN CREATIONS) as soon as DEFLIN CREATIONS receives the product or, in case of difficulty, as soon as the Customer provides acceptable proof of shipment of the goods, whichever happens first.
The refund will be processed by Customer Service using the same payment method used for the Order, unless expressly agreed otherwise. In any case, this refund will not incur any fees for the Customer.
9.3.3. In the event of exercising the right of withdrawal for only part of the Order, only the price charged for the returned Products will be refunded.
9.3.4. Exceptionally, the right of withdrawal cannot be exercised for contracts listed in Article L.121-21-8 of the French Consumer Code, including contracts for the supply of goods made to the consumer's specifications or clearly personalized.

9.4. Return Procedure
Products that the Customer deems non-compliant or defective must be returned to DEFLIN CREATIONS at the following address:
DEFLIN CREATIONS, 6 chemin du Pelosset, 69570 Dardilly, France.
The Customer must first contact DEFLIN CREATIONS by letter, fax, or email at info@deflincreations.com, specifying the defect or non-compliance observed, along with a photo showing said defect or non-compliance.
The request will be reviewed by DEFLIN CREATIONS’ Customer Service, and by return email, a return authorization number will be provided to the Customer, which must be included when returning the items. Without this return number, the refund (partial or total) or exchange (at the discretion of DEFLIN CREATIONS) cannot take place.
Products must be returned in their original packaging, properly protected. They must be in perfect condition, apart from the reported defect or non-compliance. Any product returned incomplete, damaged, washed, worn, deteriorated, or dirty, even partially, will not be refunded or exchanged.
The customer is responsible for returning the products, specifying the defect or non-compliance observed. We recommend retaining proof of return to facilitate the process in case of any issue during transport.

ARTICLE 10 - CONDITIONS OF PRODUCT USE
10.1. Prior to placing an order or using the Products, the Customer must read all information provided on the Website, the characteristics, and the components of the Products, and ensure that they are compatible with the intended use.
The price of the Products does not include the Customer’s contribution to logistical preparation costs (handling; shipping) and delivery, which remain the Customer's responsibility. The total amount of these costs will be communicated to the Customer either when they connect to the Website (cost calculation methods may apply when the amount cannot be directly calculated), or by contacting Customer Service, before proceeding with the confirmation of their Order.

10.2. The Customer agrees to consistently follow the usage instructions indicated by the manufacturer on the packaging and the product manual before use. For further information about the characteristics of the Products, DEFLIN CREATIONS is at the Customer’s disposal.

10.3. DEFLIN CREATIONS commits to making every effort to repair damaged products after the warranty period upon request by the Customer, who will formally request it via email at info@deflincreations.com. After a feasibility study, DEFLIN CREATIONS will send the Customer a detailed estimate, which the Customer may choose to accept or decline.

10.4. End-of-life products must not be disposed of in household waste bins. Please refer to your local municipality’s information regarding electrical waste collection. DEFLIN CREATIONS is a member of the ECOSYSTEM Eco-organization and thus contributes to the processing and recycling of products placed on the market.

ARTICLE 11 - LIABILITY
11.1. The products presented on the Website comply with current French legislation and applicable standards in France.
DEFLIN CREATIONS undertakes to respect the applicable legal provisions in France.
The Customer is solely responsible for complying with the regulations applicable in their country of residence or the destination country of the Products. It is the Customer’s responsibility to consult the relevant local authorities regarding any import, export, or usage restrictions for the Products they plan to order on the Website.

11.2. DEFLIN CREATIONS' service is limited to supplying the Products under the conditions described in the General Terms and Conditions of Sale. Under no circumstances can DEFLIN CREATIONS be held liable for the advice, recommendations, and conditions of use provided by the manufacturers on the Website or their product manuals.

11.3. DEFLIN CREATIONS' liability is limited to direct and foreseeable damages resulting from the Customer’s use of the Website and Products. DEFLIN CREATIONS cannot be held liable for damages resulting from the Customer's fault in using the Products.
DEFLIN CREATIONS does not assume liability towards Customers acting within the scope of their industrial, commercial, artisanal, or professional activities for indirect damages, business losses, loss of profit, loss of opportunity, or reputational damage that may result from the purchase of products. If liability is established, it would be limited to the total amount of the Order, including VAT.
If product use proves impossible or harmful, due to incompatibility with other equipment, installation failure, or electrical connection issues, any compensation, refund, or liability claim against DEFLIN CREATIONS is excluded.
DEFLIN CREATIONS' liability cannot be engaged if the non-performance or improper performance of its obligations is attributable to the Customer, an unforeseeable and insurmountable event caused by a third party unrelated to the delivery of the Products, or an event of force majeure that is unforeseeable, irresistible, and external.
Generally, DEFLIN CREATIONS cannot be held liable under any circumstances for indirect or unforeseeable damages resulting from the use of the Website and Product Orders.

11.4. DEFLIN CREATIONS cannot be held liable for (i) content available on other websites or internet sources accessible via hyperlinks on the Website (including advertising, products, services, or any other information), nor (ii) any damages of any kind that may be suffered by the Customer during visits to these websites.
Using the Website implies that the Customer is aware of and accepts the characteristics and limitations of the internet and related technologies.
As DEFLIN CREATIONS relies on the quality of the internet network, it does not guarantee the continuity of the Website and does not ensure the correction of defects observed on the internet. Consequently, DEFLIN CREATIONS cannot be held responsible for any unavailability of the Website, connection difficulties, or connection interruptions (server malfunctions, telephone line issues, or any other technical connection problem) while using the Website, or, more generally, for any internet disruptions affecting the use of the Website. In this context, DEFLIN CREATIONS is not responsible for forms being sent to an incorrect or incomplete address, for any IT errors, or for defects observed on the Website.

11.5. Unless otherwise provided, the Website is accessible from any location as long as minimum technical conditions are met, particularly in terms of internet network access, mobile telephony, and technical compatibility of the equipment used by the Customer. Given the global nature of the internet, the Customer agrees to comply with all public order rules regarding internet user behavior and applicable in the country from which they use the Website.

ARTICLE 12 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, and other underlying technologies, are protected by the provisions of the Intellectual Property Code and belong to DEFLIN CREATIONS or its partners.
The DEFLIN CREATIONS trademark, as well as all figurative or non-figurative trademarks, and more generally all other trademarks, illustrations, images, and logos appearing on the products, their accessories, or packaging, whether registered or not, remain the exclusive property of DEFLIN CREATIONS, except for rights held on visuals of products, brands, and logos of suppliers of Products presented on the Website.
Any full or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium, without the express prior agreement of DEFLIN CREATIONS, is strictly prohibited.
Unless expressly authorized, DEFLIN CREATIONS prohibits the creation of any hyperlink to the Website. A Customer wishing to place a link on their personal website directly to the Website's home page must first request express authorization from DEFLIN CREATIONS.

ARTICLE 13 - MISCELLANEOUS
13.1. Partial Invalidity: If one or more provisions of the General Terms and Conditions of Sale are considered unlawful or unenforceable by a competent court, the other provisions will remain in effect and retain their scope and effect.
13.2. Proof: Computerized records will be kept in DEFLIN CREATIONS’ computer systems under reasonable security conditions and will be considered proof of exchanges, orders, and payments made on the Website or via email unless proven otherwise by the Customer.
It is expressly agreed that DEFLIN CREATIONS and the Customer may communicate electronically or by telephone using the number available on the Website.
DEFLIN CREATIONS and the Customer agree that the emails exchanged between them are valid proof of their exchanges and, if applicable, their commitments, particularly concerning the transmission and acceptance of orders.
13.3. Retention and Archiving: Archiving of contractual documents is carried out on a reliable and durable medium to correspond to a faithful and durable copy that can be produced as evidence.
13.4. Waiver: The fact that DEFLIN CREATIONS does not exercise any of its rights under the General Terms and Conditions of Sale does not imply a waiver of said rights, nor prevent their future exercise, such waiver only being valid through an express declaration.
13.5. Force Majeure: The execution by DEFLIN CREATIONS of all or part of its obligations, including delivery, will be suspended in case of the occurrence of a fortuitous event or force majeure that hinders or delays execution.
These include, without limitation, war, riots, insurrection, social unrest, strikes of any kind.
DEFLIN CREATIONS will inform Customers of the occurrence of such an event within seven days of its occurrence. If this suspension continues for more than fifteen days, the Customer may cancel the ongoing order, and a refund of the price of the ordered Products and paid delivery charges will be processed.

ARTICLE 14 - SUSPENSION - TERMINATION

The General Terms and Conditions of Sale are governed by French law. Only the French version of these General Terms and Conditions of Sale shall be considered authentic.

In the event of any difficulty arising from the Order, the delivery of the Products, or more generally, the execution of the sale, the Client shall have the option, before taking any legal action, to seek an amicable solution, notably with the assistance of a consumer association or any other advisor of their choice.

Any dispute that may arise from the interpretation or execution of the General Terms and Conditions of Sale and their consequences shall be brought before the competent courts.

The General Terms and Conditions of Sale also apply to any relationship with a user of the Website who has not placed an Order, notably in relation to Articles 11 to 13.

Date of information update: September 6, 2024.