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( updated 30 th July 2006 )
Our business policy Delivery
Your account Returns policy
Sale contract Privacy
Availability Liability
Products guarantee Copyright / Intellectual property
Prices Dispute
Customs duties Alteration and updates
Payment Inquiries
INTRODUCTION
The following Terms and Conditions apply to the sale of products displayed on the website operated by :
Dead Rabbit
www.dead-rabbit.com
a registered trademark owned by VIA MALAURA COMPANIES SARL
head office :
26 rue Vavin
75006 PARIS
FRANCE
registered company number 485 016 208 R.C.S PARIS
Dead-rabbit.com (referred to as We/Our/Us ) provides access to this website and sells the products featured on it to its Users ( referred as You/Your ).
Any use of this website including any transactions you make is subject to our Terms and Conditions of Sale below.
· How to Order
· Delivery Charges and Time
· Security
· Privacy
Please :
· read through these Terms and Conditions of Sale carefully before using this website
· print a copy for future reference
Our Business Policy :
The contract is concluded between Dead-rabbit.com in one hand,
and a User/Customer who is a "Consumer", i.e. a physical individual who is acting outside his/her trade, business or profession, on the other hand.
If you are not a ‘Consumer’, please do not buy any products on our website.
Products ordered from the website are exclusively intended for your personnal use or the person whom the delivery is made to according to your instructions’. You or this person are/is not allowed to resell all or part of the products.
If the delivery is made on your request for a third person, you have to make sure that he person who takes delivery accepts in a personnal capacity the present Terms and Conditions of Sale.
You declare that you are aged over 18 and legally entitled to, or holding a parental permission that allows you to place an order on this website.
If you (or the person who takes delivery) do not comply with the express obligations due by these General Terms and Conditions, you will be held responsible for any damage that Dead-rabbit.com could undergo, directly or indirectly.
According to the above business policy, Dead-rabbit.com reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with our business policy.
Your account :
All you need to know about how to create a Customer Account, how to login and to use it can be found in the How to Order section.
If you use this website, you are responsible for maintaining the confidentiality of your email address and password, and restricting access to your computer to prevent unauthorised access to Your Account.
You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. At any time you can access and update much of your personal details in the Your Account area of the website.
Dead-rabbit.com reserves the right to refuse access to the website, terminate accounts, remove or edit content,or cancel orders at our discretion, without charge to you.
Sale contract :
All orders you place on this website will be subject to acceptance of these Terms and Conditions of Sale.
To shop on the website, follow the detailed steps in the How to Order section.
You are responsible for the information you type in the order form. If any error concerning your details occurs, Dead-rabbit.com cannot be held responsible for being unable to deliver the goods you ordered.
Before buying the products by sending the order form, you will be asked to show your acceptance of the Terms ans Conditions of Sale by ticking the corresponding box. If you don’t agree with our Terms and Conditions of Sale, the order will not be processed.
- Order acknowledgement :
The "order confirmation" stage sets out the final details of your order. Following this, we will send you an order aknowledgement email detailing the products you have ordered, the total amount of your order, the billing address, the delivery address and process and the payment process.
Please note that this email is not an order confirmation or order acceptance from Dead-rabbit.com.
Acceptance of your order and the completion of the contract between you and us will take place when the ordered products are dispatched to you unless we have notified you of the fact that we do not accept your order or you have cancelled it.
- Dispatch Confirmation email :
Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we’ve dispatched the product you ordered.
That acceptance will be complete by the time we send you the Dispatch Confirmation email.
Any products on the same order which we have not confirmed in this email to have been dispatched do not form part of that contract.
- If you pay by credit/debit card, the Dispatch Confirmation email is sent once we have checked that the products you ordered are available and the bank transaction has been successfully processed.
- If you pay by cheque, this email will be sent to you once we have received, ckecked the amount of and cleared your cheque, and checked the products availability.
- Cases of cancellation of an order :
Any order can be cancelled in the following cases :
· all the products you ordered happen to be unavailable or out of stock.
· one of the ordered products is not available anymore and, once you have been informed of it, you don’t want to order the rest of the products anymore.
· your mode of payment ( credit/debit card or cheque ) is invalid.
· we did not receive your payment by cheque within 30 days from the time your order has been confirmed.
If you have already paid for your order, you will be repayed in full within 30 days from the time we have informed you by email of the fact that your order has been cancelled ( Order Cancellation email ).
Availability :
Our products offers are valid as long as they are visible on the website, within the limit of available stocks indicated on each product information page.
In the event that the products displayed on the website are not available nor sold anymore by the time of your later visit on the website or by the time you send the order form, Maudesmind’s duty is to quickly communicate it to you.
We check the products availability before accepting your order. In case one or several product(s) you ordered is/are out of stock :
- if your credit/debit card has been debited yet, we will refund the amount of the unavailable products ( plus the delivery charges if the whole of your order is out of stock ) in full, on the same card account or by cheque (France only) within 30 days.
- if you have already sent us a cheque, we will not clear it and we will send it back to you within 30 days from the time we receive it.
In any case we will inform you by email as soon as possible.
We include availability information for products sold by us on the website on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.
Products guarantee :
On the Dead-rabbit.com website, are exclusively offered for sale new, luxury and top-quality products. All this products are made in France.
Dead-rabbit.com displays creations designed by Dead rabbit brans, and made with great care for quality and under ethical conditions. As a distributor of Dead-rabbit creations, Dead-rabbit.com guarantees you the products displayed on the website fulfil those conditions.
The main characteristics of the products are shown on each product information page. The products offered for sale are very carefully described. If, despite our best efforts, somme errors occur, we cannot be held responsible for it.
Computer monitors vary in their reproduction of colour. Though we strive for accuracy, all picture colours, products and swatches displayed should be regarded as approximatives.
Prices :
All prices are given in Euros and include V.A.T. at the applicable current French rates.
Any change of the French V.A.T. rate can have repercussions on our prices. The prices are guaranteed subject to typography errors.
Prices can be subject to updates. Check the final amount before sending the order form.
The prices given for each product exclude delivery charges. These costs are given during the order process.
Despite our best efforts, some products on our website may be mispriced. Rest assured, however, that we verify the prices as part of our dispatch procedure. If the correct price of a product is lower than our stated price, we shall charge the lower amount and send you the product. If the correct price is higher than our stated price, we shall contact you and cancel your order, unless you agree to order at the higher price. If you choose to cancel the order although you have already paid for it, we shall refund you in full.
Customs duties :
When ordering goods from Dead-rabbit.com for delivery outside European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for custom clearance must be borne by you; we have no control over these charges and cannot predict what they may be.
Custom policies vary widely from country to country, so you should contact your local Customs Office for further information. Additionally, please note that when ordering from Dead-rabbit.com, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Payment :
Any orders passed on the website must be charged in Euros.
· Credit/debit card payment :
BLEUES, VISA et MASTERCARD cards are accepted. Cards drawn by banks outside France must be international cards.
If you’d like to pay by card, select the "Pay by credit/debit card" option on the order form. Once you have submitted your order, a secured page will open where you will be asked to type your card details ( you will see a little yellow padlock on the right corner at the bottom of your screen, and the address in the address bar will change from http to https, "s" standing for "secure").
You will need your 16 figures card number, its expiration date, and the cryptographic key or security code ( the last 3 figures printed on the back of your card ).
To ensure the security of your payments, Dead-rabbit.com uses a fully secure ordering system.
This system uses SSL (Secure Socket Layer) technology. All transactions between your browser and the ordering system are encrypted to prevent unauthorised access and to scramble your sensitive data while it is sent to their server. Your data is not transmitted on Maudesmind.com’s server.
Dead-rabbit.com webmasters and the VIA MALAURA COMPANIES SARL staff have by no means access to your card details. These are encrypted then directly processed by the bank.
To get more information about this secure ordering system, read the Security page that is an integral part of our Terms and Conditions of Sale.
When you pay by card from a country outside France, and especially if your ordinary currency is not Euros, your bank may charge you with transaction/exchange charges. These charges vary from one bank to another. To know more about the amount of these charges, please contact directly your own bank.
The total amount for the products and the delivery charges, as shown on the order form, will be debited on your bank account when we process your order, once we have checked the validity of your card and our stock availability.
Dead-rabbit.com reserves the right to refuse your order if your card is not valid or does not seem to be yours.
Delivery :
Delivery charges and estimated timescales are specified when you place an order.
The choice of the conveyance mode is incumbent on Dead-rabbit.com.
All the orders are dispatched from Paris, France.
The products will be delivered to the address you provided us with. It is your responsibility to provide us with all the details needed for the good delivery of your products. In case you are absent, a "we’re holding an item of mail for you" card will be left in your mailbox.
All our parcels are given in exchange for your signature. All goods must be signed for by an adult aged 18 years or over on delivery.
In the event that an order could not be delivered due either to the absence of the addressee, to an erroneous delivery address, or to the end of the carrier’s keeping/waiting period, and this order is sent back to us, if you still want it to be delivered again to you, you will have to pay again for the delivery charges. If you don’t want it anymore, you will loose the amount paid for the order, no refund will be given and we will keep the item(s).
We make every effort for your goods to be delivered within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Dead-rabbit.com shall be under no liability for any delay or failure to deliver the products within estimated timescales.
Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by the carrier.
Returns policy :
You are allowed to lodge any complaint, return your order with justification or ask for an exchange within a 30 days period.
In addition to your 30-days returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of 7 business days ( from the day you received the products ) to return the order with no penalty and without justification, provided the return terms stated below are fulfilled.
You have to pay for return charges.
In any case, we recommend you to contact us by email before you send back the products.
· Returns :
Any products displayed on the Dead-rabbit.com website can be - unless stated otherwise on the product information page - subject to money back guarantee provided the following terms are respected :
- the product must not have been worn, used, stained, altered, nor washed
- the product must be returned in its original packaging
- the original label must still be attached to the product
- the returned products must be sent in a single dispatch to the following address :
VIA MAULARA COMPANIES
26 rue Vavin
75006 PARIS
FRANCE
Dead-rabbit.com reserves the right not to accept products ordered together and returned at different times.
Please enclose your invoice to the parcel.
If the return guarantee is used according to the terms above, Dead-rabbit.com shall refund the sums paid for the returned products, minus the delivery charges used to send your order.
Dead-rabbit.com will also refund the delivery charges for the dispatch of your order - in addition to the sum paid for the products - only in the case the return is due to an error ascribable to Dead-rabbit.com, such as if the products you received are not the ones you ordered, show a number of flaws or might have been damaged in transit ( in this later case : we recommend you to immediately contact us by email so we can consider your return guarantee as valid ).
The sums will be refunded as soon as possible and, in any case, within 30 business days from the day you asked for your return guarantee, we will promptly start the refund procedure, once we have verified that the terms stated above have been duly complied with.
We will pay you back either by crediting your card account or by sending you a cheque (for France only).
In the case you haven’t complied with the return terms, you shall not be entitled to get any refund for the sums already paid to Dead-rabbit.com. Nevertheless you shall be given the choice to be sent back the products you paid for, in the condition in which they were when you returned them, provided you pay for the delivery charges again. If you don’t want to receive them, Nevertheless.com shall be entitled to keep the products in addition to the sums already paid.
In the event that the addressee of the products and the person who paid for them are two different people according to the order form, the refund, if the return guarantee is used, shall be given, in any case, to the person who paid for the order.
· Exchanges :
If you realize you have ordered the wrong size, or if you’ve changed your mind about a product and would like to receive another same value product instead, send an email to Dead-rabbit.com to ask for an exchange and explain us why, so that we are able to check that the product you would like instead is available, and to set one aside for you.
The exchange terms are similar to the returns terms ( see above ). We won’t replace a product that has already been exchanged.
Exchanges are subjects to availability.
Any exchange claim concerning several products from one order must be done once, in a single dispatch.
Please inclose your invoice to the parcel to help us to process your order more efficiently.
Return dispatch charges for the exchanged products are payable by you.
In the event that you are asking for an exchange due to an error ascribable to Dead-rabbit .com (such as an order mistake, faulty or damaged in transit products), we shall refund return dispatch charges you paid to send back the products, either by crediting your card account or sending you a cheque (France only), or by giving you a discount voucher deductible from the amount of your next order.
To avoid size mischoice, follow advice given on product information pages and read the size chart section.
Privacy :
We need your personal details to process your order efficiently and communicate with you. These details are protected by the French "Informatique et Liberté" law ( law 78-17 dated 6 January 1978 ).
Liability :
· Accessibility :
Dead-rabbit.com will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the website, or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the website.
Dead-rabbit.com will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
· Links to external sites :
To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse, and are not responsible or liable, directly or indirectly, for (1) the privacy practices of such websites, (2) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (3) the use to which others make of these websites or resources, nor for (4) any damage, loss or offence caused or alleged to be caused by - or in connection with the use or reliance on any such advertising, content, products, goods or other materials or services available on - such external websites or resources.
· Personal details :
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
· Events beyond our reasonable control :
Dead-rabbit.com will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions of Sale if the delay or failure arises from any cause which is beyond our reasonable control.
Is called event beyond our reasonable control any irresistible event stopping Dead-rabbit.com from running normally during the making stage or the products dispatch.
Are notably considered events beyond our reasonable control total or partial strikes hindering the good run of Dead-rabbit.com or of any of our providers, subcontractors or carriers, and interruptions to transports, power supplies, raw materials supplies, and fires, floods or any other events leading to these interruptions.
This condition does not affect your statutory rights.
Copyright / Intellectual property :
· Intellectual property :
All copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
The material and content contained within this website is made available for your personal non-commercial use only. You may only download such material and content for the purpose of using this website. Any other use of the material and content of this website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
· Copyright :
Dead-rabbit.com, Dead rabbit brand, Dead rabbit logo and other marks indicated on our website are trademarks or registered trademarks of Dead-rabbit.com in the European Union and/or other jurisdictions. Dead-rabbit.com’s trademarks and trade dress may not be used in connection with any product or service that is not Dead-rabbit.com’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dead-rabbit.com. All other trademarks not owned by Dead-rabbit.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dead-rabbit.com.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dead-rabbit.com without express written consent. You may not use any meta tags or any other "hidden text" utilising Dead-rabbit.com and dead rabbit ’s names or trademarks without express written consent of Dead-rabbit.com.
· Links to the website :
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of Dead-rabbit.com as long as the link does not portray Dead-rabbit.com, its products or sevices in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dead-rabbit.com or Dead-rabbit logo or other proprietary graphic or trademark as part of the link without our express written consent.
Dispute :
· Governing law and jurisdiction :
These Terms and Conditions of Sale and the contract between you and us shall be governed by the laws of France. Any dispute between us will be resolved exclusively in the commercial court of Paris.
· Validity :
If any portion of these Terms and Conditions of Sale is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions of Sale shall not be affected.
· Waiver :
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Alteration and updates :
We reserve the right to make changes to our website, policies, and these Terms and Conditions of Sale at any time. Any such changes will take effect when posted on the website ( see date at the top of the page ).
You will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the website and/or order goods from us, unless any change to those policies or these Terms and Conditions of Sale is required to be made by law or government authority ( in which case it shall apply to orders previously placed by you ).
It is your responsibility to read these Terms and Conditions of Sale on each occasion you use this website.
Your continued use of Dead-rabbit.com shall signify your acceptance to be bound by the latest Terms and Conditions of Sale.
Inquiries :
For any further inquiry, you can easily send us a message from the contact link, or you can send us an email to the following address contact@dead-rabbit.com
You can also send us a letter to the postal address given at the top of the page..
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