Version in force on 1st May 2024
These general conditions of sale (hereinafter the “GCS”) govern the relationship between, on the one hand, SASU DAVIA Tintura Corsa and, on the other hand, any natural or legal person (hereinafter the “Customer”) wishing to purchase the products offered by DAVIA Tintura Corsa via the website www.davia-tintura-corsa.com (hereinafter the “Site”). DAVIA Tintura Corsa and the Customer are collectively referred to as the “Parties”.
Together with the online order, these GTC constitute the entire sales contract between DAVIA Tintura Corsa and the Customer for the purchase of products marketed by DAVIA Tintura Corsa on the Site, and take precedence over any other contractual document with the same purpose.
These General Terms and Conditions can be consulted on the Site at the following address: https://davia-tintura-corsa.com/conditions-generales-de-vente in the “General Terms and Conditions of Sale” tab at the bottom of the Site page.
The Customer declares and acknowledges that he/she has read and accepted in full and without reservation, prior to any confirmation of his/her order, these GSC as well as the Personal Data Charter available via the following URL link: https://davia-tintura-corsa.com/politique-de-confidentialite
DAVIA Tintura Corsa reserves the right to modify these GTC at any time by publishing a new version on its Site. The applicable GCS will then be those in force on the date of confirmation of the order.
DAVIA Tintura Corsa offers for sale on the Site products made by Anne VANLAEYS ANTOMARCHI as well as any other product related to them, such as, for example, works of art (hereinafter referred to together as the “Products”). The essential characteristics of the Products (references, dimensions, etc.) and their prices are indicated on the Site, in accordance with article L. 111-1 of the French Consumer Code.
To place an order, the Customer must select the Products they wish to purchase on the Site and add them to their basket by clicking on “Add to basket”. At any time, the Customer may view and modify the contents of their order by clicking on the “Basket” icon.
Before finalising the order, the Customer can check the details of their order, its total price and the amount of the corresponding costs (such as shipping or collection costs). Customers can correct any errors, cancel their order or finalise it by clicking on “My basket”.
Once the order has been validated, the Customer is asked to enter :
their contact details (surname, first name, postal address, postcode, town, email address, telephone number) ;
the delivery address ;
the billing address, if different from the delivery address.
The Customer may then proceed to pay for their order online by credit card by clicking on the “Payment” icon. The payment of the order and its finalisation can only take place if the Customer declares that he/she has read and expressly accepted these General Terms and Conditions of Sale and the DAVIA Tintura Corsa “Personal Data Charter”, by means of a confirmation of acceptance action implemented by the Site. Confirmation of the order therefore implies full and unreserved acceptance of these GCS and the DAVIA Tintura Corsa “Personal Data Charter”.
All orders are considered to be finalised once the Customer has paid in full. Consequently, DAVIA Tintura Corsa is released from any liability in the event that a Product added to the basket by the Customer becomes unavailable due to an order validated by a third party in the interval between the addition to the basket and the validation of the order by the Customer.
Once the Products have been paid for in full, the Customer will receive an order confirmation email containing the following information: identity and contact details of DAVIA Tintura Corsa, summary of the order and the essential characteristics of the Product(s), total amount of the order including all taxes, rights and legal guarantees available to the Customer.
The prices indicated on the Site are the prices in euros including all taxes (VAT and other taxes) and do not include the cost of transport or collection of the Products from the collection point. DAVIA Tintura Corsa reserves the right to modify its prices at any time, it being specified, however, that the price shown on the Site on the day of confirmation of the order by the Customer will be the only applicable price. If the Customer orders a Product on the Site destined for a country outside the European Union, he/she acknowledges that he/she is the importer of the said Product and that he/she is responsible for any costs, local taxes or customs duties. It is the Customer’s responsibility to find out about import conditions and to declare their purchase to the authorities in their country.
The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). If the Customer chooses to pay by credit card, they must enter their credit card details. Once the Customer has initiated payment, the transaction will be debited immediately once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his/her payment details at the time of ordering, the Customer expressly authorises DAVIA Tintura Corsa to debit the Customer’s account for the full price of the order. The Customer’s account will be debited with the amount of the order as soon as the order is confirmed. If payment is accepted, the order is recorded and the contract definitively formed.
Invoices are issued in the Customer’s name. The price of the Products and costs (such as delivery costs) is immediately due and payable from the moment the order is confirmed on the Site. Any late payment by a professional Customer will give rise to the payment, to the benefit of DAVIA Tintura Corsa, of a late payment penalty equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as the payment of a fixed indemnity of 40 euros for collection costs. Any delay in payment by a consumer Customer will give rise to the payment, to the benefit of DAVIA Tintura Corsa, of late payment interest at the legal rate in accordance with the provisions of the Civil Code. In the event of non-payment (in particular because of the bank’s refusal to honour the transaction or because of an objection made by the Customer to the transaction), DAVIA Tintura Corsa reserves the right to terminate the sale without notice or compensation and may demand, at the Customer’s expense, the return of the Product(s).
5.1 Deliveries made by DAVIA Tintura Corsa are made to the address and details indicated by the Customer. The Customer guarantees that he/she has indicated a delivery address in mainland France.
In mainland France, the Products will be delivered within an average of twenty (20) working days following receipt of payment for the order by DAVIA Tintura Corsa. This period is purely indicative. Consequently, any delays in delivery do not entitle the Customer to cancel the sale, refuse the goods or claim compensation of any kind whatsoever.
The Customer shall bear all risks in the event of loss, damage or delay during transport from the time the Products are handed over to the carrier. In the event of damage during transport, any claim must be made to the carrier within three (3) working days following delivery of the Products, without DAVIA Tintura Corsa being held liable.
In the event that the carrier is unable to deliver the Products due to an event attributable to the Customer, the latter acknowledges that the costs of re-sending the said Products will be borne by him/her.
5.2 The Customer is required to check the condition of the packaging and the Products on delivery. In the event of any anomaly or defect in the Products that is noted at the time of receipt of the Products, and that is not related to the transport of the Products, the Customer may make a written complaint to DAVIA Tintura Corsa, indicating precisely the damage that has been noted. To exercise this right of complaint, the Customer must send DAVIA Tintura Corsa a statement in which he expresses his reservations and complaints, together with the corresponding supporting documents, by email to the address or by post to the following address: DAVIA Tintura Corsa, 252 avenue de la mer 20 256 Corbara.
This complaint may be made within five (5) days of receipt of the Products. After this period, the Products shall be deemed to conform to the order and to have been accepted by the Customer. If these formalities are not complied with at the time of delivery, the Product delivered will be deemed to be compliant and free of any apparent defect and no complaint will be validly accepted by DAVIA Tintura Corsa. In the event of an obvious anomaly or defect in the Products, DAVIA Tintura Corsa may decide at its sole discretion to repair, replace or reimburse the Products concerned. In any event, the Customer may not claim any compensation from DAVIA Tintura Corsa.
6.1 The Product supplied by DAVIA Tintura Corsa benefits, in accordance with legal provisions, from the legal guarantee of conformity.
DAVIA Tintura Corsa undertakes to ensure that the Products presented on the Site comply with their description(s) within the limits of vegetable dyeing (colorimetry) and with the requirements of French law.
In the event of apparent non-conformity of a Product sold, it may be returned to DAVIA Tintura Corsa, which will take it back, exchange it or reimburse it. All claims must be notified to DAVIA Tintura Corsa by e-mail to:
In order to receive a refund, the Customer must return any Product received to the following address at his/her own expense: DAVIA Tintura Corsa, 252 avenue de la mer 20 256 Corbara. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.). The returned Product will travel at the Customer’s risk. Products returned damaged by the Customer will not be reimbursed.
6.2 In any event, DAVIA Tintura Corsa may not under any circumstances be held liable for damage suffered by the Customer in the event of non-execution or poor execution of the GTC attributable to the Customer, or resulting from an unforeseeable and insurmountable act of a third party or a case of force majeure.
The Customer accepts and expressly acknowledges that DAVIA Tintura Corsa may not be held liable, without this list being exhaustive, in the following cases
– in the event of malfunction of the Site or the Internet network preventing the reception and/or dispatch of emails or the taking into account of an order;
– in the event of delivery problems or damage caused during transport;
– if the performance of any obligation incumbent on DAVIA Tintura Corsa is prevented, limited or disrupted due to a case of force majeure or a circumstance beyond DAVIA Tintura Corsa’s control;
– in the event of negligence, poor maintenance or use of the Products by the Customer in a manner that does not comply with their intended purpose and these GTC;
– in the event of partial or total damage to or destruction of the Products attributable to the Customer;
– in the event of non-compliance with the precautions and instructions for use and operation provided by DAVIA Tintura Corsa to the Customer;
– in case of fault, negligence or omission totally attributable to the Customer or to a third party over whom DAVIA Tintura Corsa has no power of control or supervision;
– in the event of damage to or deletion of data caused by malicious computer codes.
In any case, DAVIA Tintura Corsa’s guarantee is limited to the exchange with a Product of equivalent value or the reimbursement of the Product that is not in conformity or affected by a defect.
The Customer declares that he/she has the necessary power, authority and capacity to enter into and perform the obligations set out in these GTC.
The Customer undertakes to comply with all legal and regulatory requirements in force.
When placing an order, the Customer undertakes to provide DAVIA Tintura Corsa with accurate and up-to-date bank details and information.
The Customer certifies the accuracy of the information sent to DAVIA Tintura Corsa and will be solely responsible for any error or omission. DAVIA Tintura Corsa may not be held liable for the delivery of these in the event of erroneous or incomplete information provided by the Customer. The Customer is solely responsible for any direct or indirect damage that he may suffer as a result of inaccurate, incomplete and/or misleading information that he provides to DAVIA Tintura Corsa, or in the absence of updating of such information, the consequences of which he alone shall bear.
The content of the Site, in particular its structure, design, texts, logo, images and any other element of which it is composed, are the exclusive property of DAVIA Tintura Corsa.
All the Products presented on the Site or offered for sale on the Site, and which may be protected by intellectual property rights, are the exclusive intellectual property of their author, i.e. Anne VANLAEYS ANTOMARCHI or DAVIA Tintura Corsa, who remains the sole owner of the intellectual property rights on the Products.
The Customer may not under any circumstances, without this list being limitative, use, reproduce, publish, represent, distribute, adapt, modify, translate, use to create a derivative work or borrow all or part of the Products presented and marketed on the Site, as well as all or part of the content of the Site.
DAVIA Tintura Corsa or Anne VANLAEYS ANTOMARCHI reserves the right to prosecute any act of counterfeiting of the Products presented and marketed on the Site.
DAVIA Tintura Corsa may not be held liable for any delay or failure in the performance of its obligations under these GCS resulting from the occurrence of a case of force majeure, as defined by French law and case law. In such a case, the Customer will not be entitled to any reimbursement or compensation of any kind whatsoever.
10.1 The General Terms and Conditions of Sale express the entire agreement between the Parties with regard to the subject matter hereof. The GCS supersede and cancel all oral or written agreements that may have been previously concluded between the Parties with the same subject matter and may only be modified by a new agreement or an amendment concluded in writing between the Parties.
10.2 If one or more stipulations of these GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
10.3 DAVIA Tintura Corsa reserves the right, after informing the Customer, to assign its rights and obligations under the GTC, subject to the assignee’s undertaking to comply with the terms of these GTC.
These GCS are governed, interpreted and applied in accordance with French law.
In the event of any difficulty or dispute between the Parties relating to the interpretation, performance or termination of these GTC, the Parties shall endeavour to resolve it amicably before taking any legal action.
If the attempt to resolve the dispute amicably fails at the end of a period of fifteen (15) days following the complaint made by the Consumer Customer, the latter may submit the dispute free of charge to the Consumer Mediator.
In any event, in the absence of an amicable agreement between the Parties, any dispute that may arise in connection with the application of these GCS, relating to their validity, interpretation, performance, termination and the consequences thereof, will be subject to the jurisdiction of the competent courts by application of the rules of common law if the Customer is a consumer, or to the jurisdiction of the competent courts within the jurisdiction of the Bastia Court of Appeal if the Customer is a professional, notwithstanding the plurality of defendants or the introduction of third parties, even for summary proceedings.
