Preamble

These terms and conditions of sale shall govern distance sales by DYKKEREN company on its online shop whose address is www.store.dykkeren.com.

 

DYKKEREN is Limited Liability Company with capital of €8000, registered in the Bordeaux Trade and Companies Register under no. 509 161 246 whose intra-Community VAT no. is FR15509161246 and whose registered office is located at 16 rue Agis Chety, 33800 BORDEAUX, France.
Customer service: DYKKEREN – Service Clients, 16 rue Agis Chety, 33800 Bordeaux - France
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: +33 (0)6 77 77 04 35
Opening hours: Monday to Friday from 10:00 to 12:00 AM and 2:00 to 5:00 PM (french time)

 

DYKKEREN invites customers to read in full the following terms.

 

Clause 1 - OBJECT

Clause 1.1 - Terms and conditions of execution

This terms and conditions of sale's object is to define rights and mutual obligations of both parts on sales realised on website www.store.dykkeren.com which is entire property of DYKKEREN LLC.

Customer declares to be informed and agrees in full acceptance these following terms.

Customer declares to have the legal capacity to bind himself/herself by the present contract about products shown on the website www.store.dykkeren.com.

It is expressly stated that the on-line purchasing service on the www.store.dykkerencom site is intended exclusively for private use by individuals. Purchase of merchandise for professional or commercial purpose is strictly prohibited.

Clause 1.2 - Validity of terms ans conditions of sale

DYKKEREN reserves the right to modify these terms and conditions of sale at any time. Each order is submitted to the terms and conditions of sale which are in effect on the website on the date of the order. Customer is invited to consult them regularly to keep aware/informed of any modification.

Contractual terms of each order are confirmed by an email. DYKKEREN recommends customers to retain their email of registered order or to print it. Unless proved otherwise, the data recorded by DYKKEREN constitutes proof of all transactions by DYKKEREN and its customers.

When contractual informations are presented in other languages than French, in the event of a dispute, only the French version shall be binding.

Clause 1.3 - Term contract

These terms ans conditions of sale are concluded for the time required to provide products until the end of warranties.

 

Clause 2 – PRODUCTS

Article 2.1 – Availability

The products are sold on the website www.store.dykkeren.com within the limit of available stocks.

In the event of unavailabity, DYKKEREN's liability shall not be involved or sued for damages.

On the other hand, any unavailable product will be deducted from the order and DYKKEREN undertakes to inform the customer as soon as possible and to refund the product (s) concerned as soon as possible, as well as the share of the shipping costs concerned.

Clause 2.2 – Products informations

Products are presented with the most possible precision. In general, the description of products (photographs, texts, graphics, informations and features) is given for information only and is not contractual.

Clause 2.3 - Coverage area of supply

Products offer presented on the website www.store.dykkeren.com is extended to the shipping area which is defined in clause 6.1.

 

Article 3 - PRICES

 

The prices indicated for each product offered for sale are given in euros:

  • all taxes inclusive for European Union customers
  • without taxes for non European Union customers

Those prices are excluding shipping costs which are indicated separately. Customers can have informations about shipping costs during the processing order or, more generally, in shipping section.

In case of exports (no french VAT, billing and shipping outside the European Union), customer agrees, on his sole responsibility to respect the local rules of taxation (customs taxes or import) applicable to it and to bear the burden of these additional costs.

DYKKEREN reserves the right to modify prices at any time but undertakes to apply prices which were in effect during the customer's order.

 

Clause 4 - ORDER

Clause 4.1 – Process

  1. By clicking on « Add to cart», the customer may place the products of his/her choice in the shopping cart. For each product thus selected, the customer is invited to choose the color, size and quantity ordered.

    The customer may access the shopping cart at any time to check its content while retaining the option to remove the products he/she selected. « Cart » summarizes the type and the quantity of the items being purchased by the customer.

    At this stage the customer, who may still end the purchase operation, will be asked to identify and, if necessary, correct any errors that may have been made in the entry of data and/or the choice of products.

  2. By clicking on « Checkout », the customer begins the ordering process and is invited to give informations needed to ship the order (billing address, shipping address, ship methods...).

    Unless otherwise specified, part of the costs of delivery remains the responsibility of the customer.

  3. At the end of ordering process, the customer accepts the general Terms and conditions of sale and confirms the order. The order is then registered and pending payment. At this stage, a mail summary is sent. Every recorded order expresses acceptance of these Conditions of Sale.

    Upon validation of payment by Cyberplus payment, the order goes to the state "Payment confirmed ». The customer is informed by mail of this change. This mail confirms that the client was taken into account by DYKKEREN, not that the product is available.

    In case of unavailability of a product ordered and paid, the customer will be notified by mail within 72 hours (business day), products ordered in advance (presale) excepted. The unavailable product ordered will be automatically canceled and the price will be refunded as soon as possible and rest of the order remains firm and definitive.

    An order registered, but whose payment is not made within 24 hours will automatically be canceled (credit card payment).

    For payments by check (euro-denominated checks drawn on a bank domiciled in France), the items ordered are reserved 5 days (working days) from date of order pending payment. If the check is not approved within that time, incorrectly completed or not accompanied by proof of identity when it is requested, the items will no longer be reserved, otherwise unavailable once the payment is established. Beyond 15 days, the order is revoked permanently.

Clause 4.2 – Personal Informations

When ordering, the customer agrees to provide the information requested and is involved in the veracity of the latter: name, address, email address, type of payment card, the card number, the expiry date and the cryptogram of the card...

The customer must check all information entered during ordering (item ordered, shipping address, billing address...).

In the case of deposit package:

  • The customer must choose the default delivery address i.e. billing address previously indicated.
  • The customer must give, if withdrawal of the parcel is given to a third person, the identity information (name and surname) of the person(s) who may remove the package in the comment box provided before confirmation of order. If this identity is empty, only the client may withdraw his package.

DYKKEREN can not be held responsible for any data entry errors by the client nor the consequences in terms of delay or error in delivery. Thus, if delivery can not take place due to a mistake by the customer, return postage will be charged to the customer. In this case, DYKKEREN not be held responsible for not meeting delivery.

 

Clause 5 - PAYMENT AND SECURITY

Clause 5.1 - Terms of Payment

Payment can be made by credit card or check.

Where use of a gift voucher, the bank transaction is credited back the amount thereof as soon as possible. Gift vouchers can't be used to purchase other gift vouchers. They have a limited period of 1 year unless special operations and can't be refunded even if they are not fully used once their expiration date.

Payment is made by credit card or by Paypal. Credit cards accepted are: Bankcard, Visa, Eurocard / Mastercard.

Payment is then made on the secured server bank Cyberplus Payment. In case of refusal of the bank, the order is automatically canceled.

In case of payments refused by Paypal,  the order is automatically canceled.

Payment by check is only possible for check in euros drawn on a bank domiciled in France. In case of payment by check, making cashing the check is performed upon receipt of the check.

The check should be made payable to "DYKKEREN" and sent to the address indicated in the preamble, with a copy of the order. When the name and shipping address differs from billing, a copy of an identity of the bank account holder will also be provided. For the safety of their client and that of DYKKEREN any check not accompanied by proof of identity (copy of identification card, passport, driving license ...), in the case mentioned above, will systematically dismissed and the order automatically canceled. Any order with an anomaly can lead DYKKEREN to ask the customer for additional information.

In case of refusal of the bank, the order will be canceled and DYKKEREN reserves the right to take all procedures provided by law.

Clause 5.2 - Encryption of bank details

The bank details of clients are encrypted through SSL (Secure Socket Layer) and do not pass unencrypted over the network. No information about the bank customer will pass through the site www.store.dykkeren.com. Payment is made directly through the bank. DYKKEREN has no access to these details. The bank will be called back to the customer at each transaction on the site www.store.dykkeren.com.

Clause 5.3 - Payment Default

DYKKEREN reserves the right to cancel or refuse any order from a customer who did not fully or partially settled a previous order or with whom there is a dispute concerning payment of a previous order.

Clause 5.4 - Title-retention clause

The products remain the property of DYKKEREN until full receipt of the order by DYKKEREN. The possible risks caused to the goods are transferred to the customer after order delivery at the customer.

Clause 5.5 - Access to the invoice

Customer's bill is sent directly by email to the customer with the delivery of the product ordered.

 

Clause 6 - DELIVERY METHODS AND TIME

Clause 6.1 - Delivery Area

DYKKEREN delivers orders in all countries indicated in Shipping page.

The products will be sent to the shipping address that the customer has indicated during the ordering process when it is in the geographical area covered by deliveries.

For customers who can and who have chosen so during the checkout process, orders can be withdrawn without forwarding charges in the store SUB OUEST at:

 

Store SUB OUEST, 7 Avenue Robert Schumann, 33170 GRADIGNAN (France)

Opening hours:

  • Monday, 02:30 pm to 07:00 pm
  • Tuesday to Thursday from 10:00 am to 00:30 pm and from 02:00 pm to 07:00 pm
  • Friday from 10:00 am to 07:00 pm
  • Saturday from 09:30 am o 07:00 pm

For temporary parcels deposits related to events, removal of orders are done under the same terms (identity...) in the place and times indicated for the event.

Clause 6.2 - Delivery process

The customer may be aware of transport costs in the "Delivery" topic or during the ordering process. Transport costs shown are expressed All taxes included (VAT included) for European Union customers and Without taxes (VAT not included) for non European Union customers.

The delivery address is the address given during the ordering process. It is recalled in the first mail following the confirmation of the order.

When shipment is assumed by La Poste, the customer will receive another email from DYKKEREN indicating the departure of the ordered product(s) and the order number and shipment number. This number will allow customers to keep abreast of the progress of delivery by visiting the site Colissimo.

For withdrawals of deposit packages at SUB OUEST (33, France), the customer receives an email when the package is actually arrived at the store and can be withdrawn immediately. For deposits temporary packages related to events, customers also receive an email confirmation stating when he could withdraw his package.

To complete the withdrawal, the customer or the person responsible for removing the package (see clause 4.2) shall indicate the order number and submit an identity card to the depositary. The package is delivered against a signature.

DYKKEREN responsibility stops when the carrier or depositary acknowledges shipment delivered.

When shipments are assumed by La Poste, except for gift vouchers which are sent by mail, in case of absence at delivery time at the address specified by the customer, the package is pending according to La Poste conditions for deliveries in France, and according to local post services for other destinations.

Clause 6.3 - Dispatch Time

All times announced are calculated in working days.

Unless special operation, any item is shipped at the latest within 72 hours after confirmation of the order provided for payment by credit card. Payment by check delays the order processing and shipping of 8 to 10 days (working days) after receiving the check (receipt).

At this time of shipment, Colissimo time of delivery, or the time required for delivery for parcels on deposit withdrawals, must be added. DYKKEREN could not be held responsible for any consequences due to delayed delivery.

The lapse of dispatch may lead to cancellation of the order unless order is already shipped from warehouses DYKKEREN. To do this, simply send an email to This email address is being protected from spambots. You need JavaScript enabled to view it..

For orders consisting of several products, including products ordered in advance (presale), the shipment of this order is then based on the shipment's longest. DYKKEREN however, reserves the right to split the order into multiple shipments without additional cost to the customer.

For all claims, consumer should send a letter by any means, including email to DYKKEREN Customer Service whose address is stated in the preamble.

Clause 6.4 - Delivery Time

Unless special specification and except for deposit withdrawals packages, the products will be delivered on time applied by Colissimo.

These delivery times are announced by Colissimo. They vary according to destination and does not include holidays or weekends.

Delivery time in metropolitan France announced by Colissimo: 48h.

Delivery time in Overseas departments and territories of France announced by Colissimo: indicative delivery time of 5 to 10 workdays according to destination.

Delivery time for EU and Europe except EU announced by Colissimo: indicative delivery time of 3 to 5 workdays for the European Union and 5 to 10 workdays for Europe except European Union.

Delivery time for International announced by Colissimo: indicative delivery time of 5 to 10 workdays according to destination.

Delivery time to the store SUB OUEST (33): 48h (workdays).

The transit time for parcels temporary deposits related to events depends on the date indicated for each event operations.

Each delivery shall be considered complete once the product is made available to the customer by carrier.

Clause 6.5 - Reservations and complaints

For shipments by Coliposte in metropolitan France, customer is liable for checking the deliveries on arrival and even refuses the package if it is likely to have been opened or shows obvious signs of damage or reconditioning by the carrier.

It is essential that deterioration and despolitation are certified by customer and postman or post office he/she depends of, in order for DYKKEREN to conduct an inquiry or give compensation. This anomaly must also be confirmed within two business days following the date of delivery by the customer sending the carrier a registered mail with return receipt stating those claims. A copy of this letter must also be addressed to DYKKEREN (with the original finding of damage or despolitation if any). Any claims received after the deadline will be rejected. Similarly, the words "subject to unpacking" shall not be a legal standing and shall not lead to damages.

In France, in the event of late delivery of more than five days compared to the periods mentioned in clause 6.4, the customer has to check with the post office the parcel is not pending, then, if it's appropriate, the customer must report this delay by mail to DYKKEREN. DYKKEREN will contact Post to start an investigation which can last up to 21 days from the date of its opening.

During this time, if product is found, it will be automatically carried by carrier to the customer address. On the other hand, if the product shall not be available at this moment, then Post will consider it as lost.
After this period of 21 days, DYKKEREN will propose to the client the delivery of ordered products without additional costs or reimbursement. If the product ordered were not available at this time, a refund of the amount of the order will be made.

In case of defect or nonconformity of the products on the order placed, the customer may use the procedures described in Clause 8.

For shipments to other destinations than metropolitan France, the customer shall speak to local postal services to officially see any problem so it can be admissible by DYKKEREN to follow.

 

Clause 7. RESPONSABILITIES

DYKKEREN shall not be held liable for the breach of the concluded contract as a result of force majeure, disturbance, postal service and transport total or partial strike and/or communication, flood or fire.

DYKKEREN responsability shall not be engaged in case of events, restrictions or damages due to network using, in particular in the event of service breakdown, external intrusion or viruses.

Only the customer is responsible of the choice and purchase of a product or service. The total or partial inability to use the product because of incompatibility of equipment or the commission of an error by the customer in choosing the type of product, size or color cannot give rise to any compensation, refund or cause of DYKKEREN liability, except in the case of a hidden defect found, non-compliance, failure or in case of application of the right of withdrawal specified in section 8.1.

In the event of a failure to deliver an order or part order, the customer has 30 days maximum (the date of DYKKEREN warehouse departure) to occur. Beyond this period, DYKKEREN shall not accept any claim.

In case of cancellation of a temporary deposit parcels, DYKKEREN cancel orders associated. A refund will be made as soon as possible.

DYKKEREN shall not be held liable for any indirect result of this, business interruption, loss of profit, damage or expense that could appear.

 

Clause 8. RIGHT OF WITHDRAWAL – GUARANTEES

Clause 8.1 – Period of withdrawal

The consumer shall have fourteen days after the date of delivery to withdraw without having to give any reasons or to pay any penalties except for cost of returning the product. In case of partial return of order, the initial shipping will not be refunded. Only the price of the product purchased will be refunded.

DYKKEREN commits to refund the customer as soon as possible subject to the warranty limitations forth below and in Clause 8.3.

For withdrawals on deposit packages in the store SUB OUEST, product returns will have to be done at the store SUB OUEST within 14 working days with a refund under the same conditions as before. DYKKEREN is only authorized to process claims, SUB OUEST being here only as an intermediary responsible for forwarding packages and receiving returns on behalf of DYKKEREN.

For withdrawals on deposit packages related to temporary event operations, product returns will be at the deposit indicated for the operation, and beyond at DYKKEREN Customer Service, within 14 days of the withdrawal period, with recoverable under the same conditions as before. Only DYKKEREN is entitled to handle complaints during and after the operation. No claim can be made with a partner of the temporary event operation related to filing temporary package.

DYKKEREN, SUB OUEST store, repository of packages and deposits related to a temporary event operations can not be held responsible if the client was unable to return the product within the time requested. This service is free, then no claim for additional costs shall be accepted.

For shipments by Post office and in case of absence during the delivery at the address specified by the customer, the deadline for withdrawal begins with the signing date of the notice of passage.

For removals on deposit packages, the withdrawal period of 14 days begins with date of delivery against signature.

The product must be returned in perfect condition, not soiled, in its original undamaged packaging. It will have to be complete with all its accessories (labels, strings, warranties, notices, etc.). Otherwise, the customer shall lose any right of withdrawal.

The procedure for returning the product must respect the procedure described in clause 8.4.

Clause 8.2 - Guarantees

If the delivered product is not conform to the order, the customer will have to contact DYKKEREN following the procedure described in Clause 8.4.

In the event of force majeure such as war, bombings, civil disorders, strikes, fires, explosions, weather... DYKKEREN contractual obligations shall be suspended and if the obstacle becomes permanent, DYKKEREN reserves the right to unilaterally resolve all purchases concluded on the site www.store.dykkeren.com.

Clause 8.3 - Exclusions

Regarding textile products and hygiene reasons, the customer shall not try on the products directly next to body. Products already worn and washed shall not be returned or exchanged.

The legal guarantees will not apply if the products have suffered damage due to abnormal use or wrong application of conditions of use contained on the products or their labeling, packaging or any documentation provided with the products.

In case of non-compliance or withdrawal clause application for a part of an order with several products, the right of return can not be exercised for the entire order.

Customized products as the "Gift wrapping + personalized card" or "gift vouchers" are excluded from the right of withdrawal. They shall not be refunded.

Clause 8.4 – Terms of return

If the delivered product is not conform to the order or in case of withdrawal clause application, the customer must notify DYKKEREN by mail to the address mentioned in Customer Service preamble, stating the following information:

  • order number reference, name, surname and address
  • reference of the item(s) the customer wishes to return
  • reason for the return of the nonconforming item: withdrawal right, damaged item, item not comply with the order, etc.
  • choosen modality in the event of non-conformity: replacement subject to availability or refund

Upon receipt of this email, DYKKEREN shall inform the customer by email of the outcome of the return process. In case of refund, it will be done in the same form as the original payment as soon as possible after receipt of the returned item. In the case of full or partial payment by gift vouchers, the amount affected by the gift vouchers will result in a new gift voucher of similar length.

The customer shall enclose with returned product(s) an order copy with the number order to be sure his/her request being processed as quickly as possible.

In the event of non-conformity, the customer will be refunded after receipt and agreement of product(s) inspection following exclusions notified by the law.

The return process in case of removal of orders in parcels deposits is identical, the returned item shall be left with the order to deposit packages SUB OUEST or temporary parcels deposits related to events, and beyond at DYKKEREN Customers Service.

Clause 8.5 - Packages refused or unclaimed – Returned to sender

If the package is returned by the carrier for one of the following reasons:

  • Recipient does not reside at the address given during the order
  • Unclaimed parcels during its pendency period (duration announced Colissimo for metropolitan France: 15 days)
  • Package refused by recipient on delivery

Following receipt and acceptance of return by DYKKEREN, the customer will be automatically refunded.

For parcels deposits, in case of non-removal within 15 days, or during the period of temporary deposit packages related to events, the parcel will be returned to DYKKEREN and the customer will be automatically refunded.

 

Clause 9. PERSONAL INFORMATIONS

DYKKEREN undertakes not to disclose to third parties the informations provided by customers on the site. These informations are needed for the right process of order and are only communicated to service providers involved in the execution of the order (carriers, bank services) and will be strictly used by DYKKEREN to promote the brand DYKKEREN (promotional operations, information, news and events about the brand DYKKEREN).

DYKKEREN agrees to retain copies of documents accompanying payments by check only during the time necessary to track progress of sale.

In case of unpayment or payment fraud, DYKKEREN reserves the right to disclose any information to police, courts and collection agencies.

In compliance with the french data protection law of 6th January, 1978, every person has a right to access and rectify data related to him/her. If a customer wishes to exercise this right and access information related to him/her, he/she may contact DYKKEREN - Customers Service at the address notified in the preamble to the Terms and Conditions of Sale.

DYKKEREN is registered to the CNIL under number 1341003.

Clause 10. GOVERNING LAW - DISPUTES

The parties agree that these terms and conditions of sale and all related issues are governed by French law and any dispute concerning the interpretation, validity and / or enforcement of the general conditions of sale will be subject to French courts.