DEER & SON
Terms and conditions of sale

General Terms and Conditions of Sale applicable to orders placed on the DEER & Son e-commerce site by end consumers located in metropolitan France (including Corsica) and the rest of Europe.
Preliminary article
DEER & Son auto-entreprise (hereinafter referred to as "DEER & Son") markets DEER & Son sustainable products.
DEER & Son sells the products on its website exclusively to end consumers. DEER & Son will not accept any order which is clearly not a retail order or, more generally, any order which is fraudulent or presumed to be fraudulent.

1. DEFINITIONS
"Customer(s)" refers to the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal use.
"DEER & Son" refers to DEER & Son auto-entreprise, registered with the Haute-Garonne Chamber of Trades and Crafts under number 819 680 299 RM031, whose head office is located at 4 rue des lucioles 31700 Beauzelle - France.
Telephone: 06.46.11.77.05
E-mail: contact@deerandson.com
"General Terms and Conditions of Sale" refers to the present general terms and conditions governing the sale of Products on the Site.
"Party(ies)" refers alternatively or collectively to DEER & Son and/or the Customer(s).
"Product(s)" refers to the DEER & Son brand products offered for sale on the Site.
The term "Site" refers to DEER & Son's e-commerce website, accessible via the Internet at the following address: https://www.deerandson.com, and offering the Products for sale.

2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions for the online sale of Products by DEER & Son to Customers, as well as the rights and obligations of the Parties arising from the online sale of Products offered on the Site.
The General Terms and Conditions of Sale are available to customers on the Site at the following address: https://www.deer.vmdev.fr/cgv and may also be sent to them on request by telephone on 06.46.11.77.05, by e-mail to the following address: contact@deerandson.com or by post to the following address:
DEER & Son - 4 rue des lucioles 31700 Beauzelle - France...
By placing an order for a Product on the Site, the Customer acknowledges, by checking a box provided for this purpose "By validating your order, you accept the General Terms and Conditions of Sale", having read the General Terms and Conditions of Sale in force on the day of the order before placing the order and having accepted them without restriction, this acceptance not being in any way conditional on a handwritten signature by the Customer.
It is specified that the Customer may, at any time, save or print the present General Terms and Conditions of Sale, provided that they are not modified, and that a copy of the latter will be sent to him with his order.
DEER & Son reserves the right to update the General Terms and Conditions of Sale at any time. In the event of modification of the General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force at the date of the order.

3. PRODUCTS
3.1. Product description
The Products offered for sale by DEER & Son are those which appear on the Site, on the day of consultation of the Site by the Customer, and within the limit of available stocks.
DEER & Son reserves the right to withdraw Products from sale at any time.
DEER & Son takes great care in presenting the Products on the Site. Nevertheless, the photographs illustrating the Products are for information purposes only and are not contractually binding.
Indeed, while every effort is made to ensure that the shades of the Products, whose photos are displayed on the Site, are faithful to the original products, variations (notably slight differences in color and proportion) may occur, notably due to the technical limitations of color rendering by computer equipment. Consequently, DEER & Son cannot be held responsible for any errors or inaccuracies in the photographs or graphic representations of the Products shown on the Site.
For any questions relating to the purchase of the Products and their use, or requests for advice, the Customer may contact DEER & Son :
- by e-mail to contact@deerandson.com or
- by telephone on 06.46.11.77.05 (cost of a local call), Monday to Saturday, 9am to 7pm.
3.2. Product availability
Products are offered subject to availability. DEER & Son does not guarantee the availability of the Products presented on the Site. In the event of unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by e-mail or telephone of the unavailability of the Product(s) and of the cancellation of his/her order.
In the event of total cancellation of the order due to unavailability, the Customer's order will be automatically cancelled and the Customer's bank account will not be debited.
In the event of partial cancellation of the order due to unavailability :
- the Customer's order will be validated and his/her bank account will be debited for the full amount of the order
- the Customer will be delivered available products
- the Customer
will be reimbursed for the price of the unavailable product ordered as soon as possible and, at the latest, within 30 days of payment of the sums paid.
3.3. Product customization service
DEER & Son offers a personalization service for some of its Products. Personalized content must not be defamatory, offensive, unlawful or discriminatory. Should this be the case, DEER & Son reserves the right to cancel the corresponding order.

4. PRICE
Product prices are binding. They are indicated in euros. The current price is the one indicated for each Product on the Site.
These prices do not take into account the non-applicable V.A.T. and do not include packaging and delivery costs, which will be invoiced in addition and will be specified to the Customer at the time of final validation of the order.
The amount of shipping costs will be indicated before the order is validated by the Customer. The various shipping methods are set out below in the General Terms and Conditions of Sale and may be modified at any time by DEER & Son.
The price invoiced to the Customer is the price indicated on the order confirmation displayed on the Site.

5. RETENTION OF TITLE
The Products ordered remain the property of DEER & Son until full payment has been received by DEER & Son.

6. HOW TO ORDER
6.1. Navigation within the Site
The Customer can view the various Products offered for sale by DEER & Son on the Site. The Customer may browse freely through the various pages of the Site, without being bound by any order.
6.2. Order registration
It is specified that the Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity.
To place an order on the Site, the Customer must be of legal age, have legal capacity and be the holder of a bank card.
To place an order, the Customer must complete the following steps:
1. Fill in the virtual basket by clicking on the "Add to basket" button and indicating the Products selected and the quantities required.
2. Click on the "Order and pay" button.
3. Check the virtual basket and, if necessary, modify the desired quantities for each Product.
4. Select three free samples (while stocks last).
5. Indicate your choice of delivery method (Colissimo or Chronopost) and enter the delivery address (Metropolitan France, Europe).
6. Login to the Site
- either by creating an account on the Site by checking the "I do not yet have an account" box and completing a form, certain fields of which are mandatory for the order to be processed;
- by logging on to the Site, checking the "I already have an account" box and entering his or her e-mail address and password if he or she has already created an account.
7. Filling in the identification form on which the Customer provides all the requested details (full identity, e-mail address, telephone number, delivery details).
8. Specify whether the billing address is identical to the shipping address by checking the "Use this address for billing" box, and if so, enter the billing address if it is different from the shipping address.
9. Pay in accordance with the terms and conditions (by credit card: Carte Bleue, Visa, Mastercard and American Express only).
10. Tick the box "By validating your order, you accept the General Sales Conditions".
Up to the "Confirm payment" stage, customers can modify their order by clicking on the "Previous stage" icon at the top and bottom left of the screen in order to :
- check order details and total price;
- return to previous pages to correct any data entry errors or modify your order.
From the moment the Customer confirms his/her order by clicking on the "Confirm payment" icon, the Customer will no longer be able to cancel or modify his/her order.
6.4. Final validation of the order
Following validation of payment by the Customer, confirmation of acceptance of the order will be sent to the Customer by e-mail by DEER & Son. The order confirmation includes a summary of the products ordered, the price, the shipping costs and the order number. It mentions the right of withdrawal and the standard withdrawal form, and refers to the General Terms and Conditions of Sale.
The sale will only be deemed to have been definitively concluded once the Customer has validated the payment and received the e-mail confirming acceptance of the order by DEER & Son.
Validation of the payment by the Customer and the email confirming acceptance of the order by DEER & Son shall constitute proof of acceptance of the said order and its final validation. These elements shall be deemed to constitute payment of the sums incurred by the seizure of the Products appearing on the order.
6.5. Refusal of order
DEER & Son reserves the right to refuse any order in the event of :
- existing dispute with the Customer ;
- total or partial non-payment of a previous order by the Customer ;
- refusal to authorize payment by credit card by payment organizations including FIANET, the service provider used by DEER & Son to detect credit card fraud;
- customization requests that do not comply with the provisions of article 5.3 of the General Terms and Conditions of Sale;
- abnormal nature of the latter, particularly in the case of orders for quantities and/or amounts that are unusual for a final consumer.

7. ARCHIVING AND PROOF OF CONTRACT
The Customer agrees that exchanges between the Parties may be made by e-mail.
The conservation on DEER & Son's computer systems of the order, of the confirmation of the acceptance of the order and of any exchange between the Parties will be considered as proof of the sales contract.
The computerized registers kept in the computer systems of DEER & Son and its partners will be considered as proof of communications, orders and payments between the Parties.
Each order over 120 euros is archived by DEER & Son for a period of 10 years from the last delivery. At any time, customers may access details of their past orders by sending an e-mail to Customer Service at the following address: contact@deerandson.com.

8. PAYMENT
Unless the server is unavailable, the customer will pay for his order after final validation on the site, by credit card (Carte Bleue, Visa, Mastercard and American Express).
Express only) issued on an account domiciled in Metropolitan France (including Corsica) or Monaco. The Customer will enter his/her card number, the expiry date of
the card, the cardholder's name and the visual cryptogram (the last three or four numbers written on the back of the card).
Payment is made via the company's secure server, Paypal or Stripe, a secure payment operator. This means that no banking information concerning the Customer is transmitted via the Site. Payment by credit card is therefore completely secure.
All orders are payable in euros, all taxes and compulsory contributions included.
The credit card is debited when the order is dispatched.
Payments by cheque are not accepted.
The Customer guarantees DEER & Son that he/she has the necessary authorizations to use the method of payment chosen when validating the order. In the event of refusal by the bank, the order will be automatically cancelled.
Purchase invoices will be sent by e-mail to the e-mail address indicated by the Customer when registering his/her order on the DEER & Son website.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and object to all his personal data at any time by writing, by post and providing proof of his identity, to FIA-NET - Service Informatique et Libertés - Traitements n° 773061 et n° 1080905 - 39, rue Saint Lazare, 75009 PARIS.

9. DELIVERY
9.1. Delivery address
Products ordered by the Customer in accordance with these General Terms and Conditions of Sale will be delivered to the address indicated by the Customer as the delivery address at the time of order.
of his order.
Deliveries for which the delivery address provided on the Site is that of :
- hotels or other hostels ;
- a poste restante ;
- a post office box;
- a non-fixed address or domicile (including, but not limited to, mobile homes, caravans, camping sites and other non-fixed domiciliations) or in a collective place where an individual address cannot be clearly and durably attributed to a natural or legal person.
9.2. Delivery times / Delivery costs
The delivery time and cost depend on the delivery method chosen by the Customer at the time of ordering.
The delivery period begins as soon as the order confirmation e-mail is sent.
For all deliveries, products are delivered by Colissimo or Chronopost and the cost of delivery is calculated on a flat-rate basis as follows:
- The maximum delivery time is 10 working days.
For Corsica, delivery times are on average 1 to 2 days longer.
EXPRESS (Chronopost) (excluding Corsica)
- The maximum delivery time is three (3) working days.
Each package contains a Delivery Note specifying the terms and conditions for returning the Products received.

10. RECEIPT OF PRODUCTS
The Customer undertakes, upon delivery of the Products, to check the conformity and condition of the Product packaging as well as the conformity of the Product.
In the event of any anomaly concerning the delivery, in particular deterioration or partial loss of the product (items missing in relation to DEER & Son's invoice, late delivery etc.), the Customer must imperatively formulate, on receipt, reservations which must be entered on the delivery receipt presented by the carrier and then communicated by e-mail to the following address: contact@deerandson.com for the attention of DEER & Son or by telephone on the following number: 06.46.11.77.05 within a maximum period of 10 days from receipt of the Products.
In the event of a missing product, if it is found before the delivery date indicated, the Product may be redirected to the delivery address indicated on the order form.

11. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products ordered on the Site to notify DEER & Son of his/her wish to exercise the right of withdrawal.
Once this right has been exercised, the Customer has a further period of fourteen (14) days to return, at his or her own expense, the Product(s) he or she has ordered if he or she is not satisfied with them, and to cancel his or her order.
However, in accordance with the provisions of article L.221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for Product(s) made to the Customer's specifications or clearly personalized, nor for Product(s) opened and/or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection.
The Product(s) must be returned in its (their) original, unopened packaging and in a condition suitable for remarketing, following the procedure described on the delivery note enclosed with the parcel. The return of Products must be accompanied by the duly completed returns form included in the parcel.
All packages must be returned to the following address:
DEER & Son
4 rue des lucioles
31700 Beauzelle
The cost of returning the goods is borne by the Customer, except in the case of non-conformity of the goods delivered with the Order (in this case, the cost of returning the goods is borne by DEER & Son, which does not accept parcels with postage due).
All risks associated with the return of the Product(s) shall be borne by the Customer. DEER & Son recommends that its Customers subscribe to a parcel tracking option in order to avoid any inconvenience in the event of loss or theft of the Products during return transport.
If the aforementioned conditions are met, DEER & Son will reimburse the Customer, by the same means of payment as the one initially used, for all sums incurred in connection with the order of the returned Products, with the exception of return costs, within a maximum period of fourteen (14) days from receipt of the return form, or at the latest from the latest of the following dates: either the day on which DEER & Son receives the returned products, or the day on which the Customer provides proof of dispatch of the goods for which he has exercised his right of withdrawal, whichever is the earlier. Furthermore, in the event that the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by DEER & Son, the additional costs will not be reimbursed and will remain the Customer's responsibility.

12. LEGAL WARRANTY
All Products sold by DEER & Son are covered by the legal guarantee of conformity set out in articles L217-4 to L217-14 of the French Consumer Code and by the guarantee of conformity set out in article L217-14 of the French Consumer Code.
legal liability for hidden defects as stipulated in articles 1641 to 1649 of the French Civil Code.
When acting on the basis of the legal warranty of conformity, the Customer :
- has a period of two years from the date of delivery of the property to take action;
- may choose between repairing or replacing the good, unless this choice would entail a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. DEER & Son will then be obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
- is exempt from having to prove the existence of a lack of conformity for a period of twenty-four months following delivery of the goods. The legal warranty of conformity applies independently of the commercial warranty.
In the event that an action based on the warranty for hidden defects of the item sold is brought by the Customer under the conditions provided for in Articles 1641 et seq. of the French Civil Code, the Customer may request either the cancellation of the sale, or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
In the event of non-conformity of a delivered Product, the Customer may return to DEER & Son the Product presenting the non-conformity, in its original condition, bearing the original labels and accompanied by the original packaging and delivery note, by first informing the Customer Relations Department at the following address: contact@deerandson.com or by telephone on 06.46.11.77.05 (cost of a local call) from Monday to Saturday, from 9am to 7pm.
Failing this, DEER & Son will neither repair nor reimburse the defective Product returned.
In the event that the return of the defective Product is justified, DEER & Son will reimburse the defective Product and the delivery costs, to the exclusion of any other compensation. In the event that the Customer's choice results in a cost that is manifestly disproportionate to the other method, DEER & Son will proceed with the other method.
Under no circumstances can repairs or refunds be requested and/or made in store.
With the exception of the above, no exchange or repair of the Product is authorized.
Reminder of articles L-217-4, L 217-5 and L 217-12 of the French Consumer Code and articles 1641 and 1648, first paragraph of the French Civil Code:
- Article L 217-4 of the French Consumer Code :
"The seller delivers goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
- Article L 217-5 of the French Consumer Code :
"The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
- Article L217-12 of the French Consumer Code :
"The action resulting from a lack of conformity is barred after two years from delivery of the goods".
- Article 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
- Article 1648 of the Civil Code, 1st paragraph:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

13. LIABILITY
DEER & Son is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability for his needs and consumption of the items he orders.
DEER & Son shall not be held liable for any use of the Products that does not comply with their intended purpose.
Prior to placing an order, Customers are reminded that they declare that they have full legal capacity, enabling them to commit themselves under these General Terms and Conditions of Sale. DEER & Son cannot under any circumstances be required to verify the legal capacity of its Site visitors and Customers. Consequently, if a person who does not have legal capacity orders items on the Site, their legal guardians will assume full responsibility for this Order and will have to pay the price.
DEER & Son does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error. In particular, DEER & Son cannot be held responsible for:
- interruptions or delays to the Site due to technical failures, force majeure, third-party events or any other circumstances beyond its control;
- the Customer's inability to access the Site for any period of time, due to circumstances beyond the Customer's control, such as computer breakdowns, interruptions in the telephone network, the Internet network or failure of the Customer's Internet reception equipment.
DEER & Son cannot be held responsible for (i) the loss, alteration or fraudulent access to the Customer's personal data, (ii) the accidental transmission of viruses or other harmful elements resulting from Internet access or e-mail transmissions.
Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, DEER & Son may only be held liable in the event of a proven fault for which it is exclusively responsible. In any event, it will be limited to direct damages only.
DEER & Son reserves the right to suspend the operation of the Site.

14. COMPLAINTS - INFORMATION
For any information, complaint or question relating to the conditions of sale by correspondence set up by DEER & Son or to the articles themselves, Customers should contact DEER & Son by telephone: 06.46.11.77.05 (price of a local call), by post to DEER & Son - 4 rue des lucioles 31700 Beauzelle or by e-mail to contact@deerandson.com quoting their order number.

15. FORCE MAJEURE
DEER & Son cannot be held responsible for the poor execution or total or partial non-execution of its obligations, if this is due either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or in the event of force majeure. These events constitute a cause for suspension and/or extinction of DEER & Son's obligations to the Customer, without compensation to the Customer.

16. INTELLECTUAL PROPERTY

The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of DEER & Son. All exploitation rights are exclusively reserved to DEER & Son. Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the intellectual property rights, without the prior written consent of DEER & Son. DEER & Son trademarks and logos are registered trademarks. Any reproduction constitutes an infringement of copyright.

17. ENTIRE CONTRACT

The General Terms and Conditions of Sale, the order summary sent to the Customer and the order confirmation e-mail form a contractual whole and constitute the entire contractual relationship between the Parties. They are the only contractual documents binding on the Parties, to the exclusion of any other document or photograph of the Products, which are for information purposes only.

18. APPLICABLE LAW - DISPUTES

These General Terms and Conditions of Sale and the contractual relationship between DEER & Son and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Sales Conditions shall, in the absence of amicable settlement, be subject to the jurisdiction of the French courts.
In accordance with article L. 211-3 of the French Consumer Code, the Customer is also informed of the possibility of having recourse, in the event of a dispute, to the consumer mediation procedure, the conditions of which are set out in Title I of Book VI of the French Consumer Code.

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