•Article 1 • Scope
These Terms of use govern the relationship between The Dark Store™ and its customers.
The Conditions are drafted in accordance with the requirements of Articles L.111-1, L. 113-3 and
L. 121-18 et seq. Of the french Consumer Code and articles 1369-1, 1369-2 and 1369-4 of the french Civil Code.
By customer of the site, we mean any user making purchases of products online at www.thedarkstore.com.
These Conditions are written and available in French and English and are subject to French law.
Anyone can read, save and print these Terms on the website www.thedarkstore.com
The services offered on this site are subject to change, these Conditions may be subject to change at any time without notice.
Customers are therefore advised to refer to it before using the services of the site.
The applicable General Terms and Conditions of Sale are those that are available online on the website on the date of the connection and / or the date of the actual order.
Prior to the confirmation of his order, the customer must have read these Terms in their entirety and have declared to accept them.
In the event that subsequent to their removal from the site, the Conditions would nevertheless remain accessible to the public via other websites or by any other means, they would not be opposable to the Publisher.
The User is therefore invited to connect directly to the site www.thedarkstore.com to read the latest conditions.
Article 2 • Prices
The prices of our items can be expressed in Australian Dollar (AUD $), Canadian Dollar (CAD $), Swiss Franc (CHF), Euro (EUR €), British Pound (GBP £), Japanese Yen (JPY ¥), Russian Ruble (RUB) or US Dollar (USD $) - a currency selector can be found at the top right of this site. VAT is not applicable on our articles, in accordance with article 293B of the french CGI.
2.1 - Shipping costs are extra and are calculated according to the weight / volume ratio of your package and according to its destination.
2.2 - In case of order to another country than metropolitan France, you are the importer of the products concerned. Customs duties and / or local taxes, import duties and / or state taxes may be payable. These amounts are not the responsibility of The Dark Store™. They are your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to inquire about these aspects with your authorities.
Warning! even in case of refusal of payment or refusal of the parcel by the customer, the duties and taxes remain due by the customer whatever happens. In the event of non-payment to the carrier, the taxes and duties will be deducted from the amount of the goods of the parcel in return, increased by all the surcharges and expenses of files required by the customs and the carrier. The products remain the property of The Dark Store™ until the full payment thereof.
Article 3 • Availability
The Dark Store™ systematically confirms by e-mail the registration of your order, its preparation and shipping.
If the maximum period indicated on each article sheet (three weeks) should not be respected, we undertake to refund your order in full.
In the case of a bulk order, and if the deadlines are different for each item, the longer period applies.
The Dark Store™ team strives to minimize them, however, if despite our efforts these deadlines should not be respected for exceptional reasons beyond our control, we will notify you by e-mail as soon as possible the information will have been brought to our attention.
We remind you that to allow us to serve you better, it is imperative to correctly fill in all your details in the form when creating your account.
You can update them at any time and choose one or more additional delivery addresse(s), if you want to get delivered for example at your place of work or resort.
Article 4 • Order process and validation
You designate the products to buy by clicking on the "Add to cart" button associated with each product and after having specified the characteristics of the product (color, size, quantity ...).
After each insertion in the basket, it is presented to you via the display of a pop-up which informs you that your article has been successfully added to the basket.
You can then validate the whole order by clicking on the "Order" button or continue your visit by clicking on "Continue My Purchase".
When you click on the "Order" button on this same pop-up, (or on your cart at any time), your shopping cart is displayed. You can then check this one (item(s), quantity, colors, etc ...).
If you have a special offer, you can click on the phrase "Do you have a promo code?" and a field will appear allowing you to enter this code. Only one promo code can be registered per order. To be taken into account, coupon codes must be registered at the time of placing the order.For technical reasons, they can not be accepted once the order has been validated.
You still have the choice between "Continue shopping" or "Order".
By clicking again on "Order", the summary of your basket is indicated on the right of your screen, while it is proposed to you to check your coordinates. Click "Continue", the available delivery methods are displayed. Choose the one you prefer and click "Continue". All you have to do is choose a payment method after ticking the box "I have read the terms and conditions of sale and cancellation conditions and I adhere to it without reservation"
Finally click on the "Order With Payment Obligation" button, your order is validated!
In case of payment by credit card, the debit will take place immediately.
The data recorded by The Dark Store™ is proof of all transactions between The Dark Store™ and its customers.
The data recorded by the payment system is proof of financial transactions.
In accordance with the provisions of Article 1127-2 of the Civil Code on the conclusion of contracts online, the contract will be concluded when you click on the button "Order With Payment Obligation" allowing you to confirm your order after viewing the details of this and in particular its total price and have had the opportunity to correct any errors.
In the event of a computer breakdown or any other malfunction in the calculation of the total amount of the invoice, the sum due, whether it appears lower or higher, will be equal to the sum of the prices in force for each item at the time of the order.
Prices being displayed on the respective pages of each product ordered, they are deemed known and accepted by the customer.
The same applies to the shipping costs due by the customer.
When you place your first order, you are invited to register your personal details by opening a customer account. By creating this customer account, you can create as many delivery addresses as you want, you can get coupons sent to our best customers and you have access to your account to return and / or exchange items that do not meet your expectations.
You choose the method of payment: credit card, check or bank transfer.
You then indicate the method of delivery and specify if you want a gift package, with or without a message to the recipient of the gift (supplement: 2 €).
By ticking the box "I agree to receive my order in recycled packaging" in the order form, you will help us to make a small gesture for the planet ...
After registration of the order, an order confirmation will be sent to you by e-mail.
The contracts concluded on our website (data relating to your order and GTC in force on the date of your order) are archived for 10 years. You can access the archived contracts by sending an e-mail request to contact [@] thedarkstore.com or by post to this address:
The Dark Store
5 rue Lasalle
57000 Metz
The languages proposed for the conclusion of the contract are French or English.
Article 5 • Returns
To return, just send us your item (s) within 14 working days from the day of receipt of your order.
The period of 14 days runs from the day of delivery of the order. If this period expires on a Sunday or a holiday, it is extended until the next business day.
In the case of a partial return, only the amount of goods actually returned and received by The Dark Store™ will be refunded. The return is at your expense.
The return will be considered made upon receipt of the package in our premises.
Any item returned in a state not allowing its resale in the state (dirty, covered with animal hair, damaged, etc ...) will be entrusted to the dry cleaner's at the exclusive cost of the customer (package 20 €) if its state the allows.
Otherwise, it will be returned without notice, the cost of return being, in this case, your responsibility.
The Dark Store™ undertakes to replace any defective item as soon as possible, provided it is returned to us within 14 days.
The responsibility of The Dark Store™ will not be engaged and The Dark Store™ will not be able to commit to providing you the article compliant if the availability at our suppliers is no longer assured for the article in question.
Returns are to be sent to :
The Dark Store
After sales service
5 rue Lasalle
57000 Metz
Article 6 • Legal guarantee of conformity
In accordance with Articles L.217-4 and following of the french Consumer Code:
Article L217-4
The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5
The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L217-7
The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.
For used second-hand goods, this period is fixed at six months.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
Article L217-8
The buyer is entitled to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has provided itself.
Article L217-9
In case of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217-10
If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.
The same faculty is open to him:
1 ° If the requested solution, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the claim of the buyer;
2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.
The resolution of the sale can not however be pronounced if the lack of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not prevent the award of damages.
Article L217-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the french Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L217-14
The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the corporeal movable property, according to the principles of the civil code.
The guarantor of the conformity of the goods to the contract is:
Mr Fabrice Gessert
The Dark Store
5 rue Lasalle
57000 Metz
| When acting as a legal guarantee of conformity, the consumer: - benefits from a period of two years from delivery of the property to act; - may choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L. 211-9 of the french Consumer Code; - is exempted from reporting proof of the lack of conformity of the property during the six months following the delivery of the property. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. |
Article 7 • Right of withdrawal
As a consumer customer, you have 14 days to exercise your right of withdrawal.
This period is deducted from the day of receipt of the product (s).
If the 14 day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.
You do not have to provide any reason to exercise your right of withdrawal.
You will not suffer any penalty.
If you exercise your right of withdrawal, please send your article (s) to the following address:
The Dark Store
After sales service
5 rue Lasalle
57000 Metz
France
The return costs are exclusively your responsibility.
The exercise of the right of withdrawal gives rise to a full refund of the sums paid during the order as soon as possible and at the latest 14 days from the date on which you exercised this right.
You can find below a withdrawal form, you can download this form here
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of :
The Dark Store
5 rue Lasalle
57000 Metz
e-mail : [email protected]
I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in case of notification of this form on paper):
Date:
(*) Delete the useless mention.
Article 8 • Consumer ombudsman
Since January 1, 2016, every consumer has the right to free use of a consumer mediator for the amicable resolution of the dispute with a professional.
The mediator of consumption is:
Monsieur Philippe Trémain
Médiateur Judiciaire près la Cour d’Appel
Médiation de la Consommation & Patrimoine
12 square Desnouettes
75015 Paris
Entity referenced by the CECMC
Article 9 • Jurisdiction
In case of unresolved dispute and through the Consumer Mediator, the French courts are competent.
Article 10 • Minor customers
- The agreement of the parents is obligatory.
- The order must be made on behalf of the parents or legal guardian.
The general structure, as well as the texts, photos, images and sounds composing this site are the property of The Dark Store™.
Any reproduction, total or partial, and any representation of the substantial content of this site, of one or more of its components, by any means whatsoever, without the express authorization of The Dark Store™, is prohibited, and constitutes an infringement sanctioned by articles L.335-2 and following of the french Code of the intellectual property. The information, pictograms, photographs, images, texts, video sequences, animated audio or not, and other documents present on this Internet site are protected by industrial and / or intellectual property rights, that is the store The Dark Store ™ in itself the licensee, that it be authorized to reproduce and represent them. As such, any reproduction, representation, adaptation, translation and / or modification, partial or complete or transfer to another site are prohibited. The paper copy for private use of these different objects of rights is authorized in accordance with Article L122-5 of the french Code of Intellectual Property. Their partial or complete reproduction, without the prior written consent of the author, is strictly forbidden.
The Dark Store™ trademark is registered with the french National Institute of Industrial Property under National Number 10 3 727 723.
Updated : January 4, 2020