Terms of Sales

COMMERCIAL CONDITIONS

Last revised: July 25, 2022

THESE CONDITIONS

(1) This website https://delysia.fr and/or services, including all mobile applications connected thereto and any offer or sale of products through the Site, are owned and operated by SARL DELYSIA.

(hereinafter also referred to as “we”, “us” or “our”).

These Terms of Business (the "Terms") set out the terms and conditions under which visitors or

users (collectively, "User" or "you") may visit or use the Site

and/or Services and purchase Products.

(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing any Products.

In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products.

If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

This site is hosted by Wix.com

These Conditions are provided in the French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

To use our Site and/or benefit from our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms. as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.

In addition, before placing and confirming an order, you must read and accept the

these Terms.

You can download and print these Terms.

DESCRIPTION OF PRODUCTS

(1) You should carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and do not bind us.

(2) We invite you to refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held liable for any damage resulting from non-compliance with these instructions for the use of the Products and/or Services provided on our website.

PRODUCT PURCHASES

(1) Any purchase of Products is subject to the Terms applicable at the time of such purchase.

(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) may lead to a legally binding contract for the purchase of the relevant Product, unless otherwise specified otherwise in these Terms.

(3) You can choose from our selection of Products and place the products you intend to purchase in a basket by clicking on the corresponding button. The prices we charge are indicated on the Site. We make every effort to ensure that the prices of the Online Store are accurate. But an error may occur, and the price of some Products may be wrong. If the correct price of a Product is lower than that indicated in the Online Store, we will charge you the lower amount and send you the Product. If the correct price of a Product is higher than that indicated in the Online Store, we will contact you and ask you whether you keep the order at the correct price or cancel it (in which case we will confirm the cancellation to you). We shall not be obliged to supply you with the Products which are incorrectly priced.

In the event of an error with a €0 product (excluding gifts), DELYSIA is not required to deliver the products to you.

We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have previously purchased.

If certain swimwear or other products in our Online Store are unavailable, incorrectly priced or incorrectly described, we are under no obligation to sell them to you. We will inform you in the event of unavailability of the Products ordered. Only the Products that have been sent to you will be invoiced to you (delivery and credit card processing costs included). Although we do our best to reproduce the colors of our Products in the Online Store, we cannot guarantee that their actual appearance exactly matches their on-screen appearance.

During checkout, you will be presented with a summary of all the Products that you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all the products, the applicable value added tax (VAT) and the shipping costs, as the case may be. The payment page also gives you the opportunity to check and, if necessary, modify or withdraw Products, or modify quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding.

By pressing the "Buy" button, you place a binding order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the ordering process by clicking the "Buy Now" button, you must first accept these Terms as legally binding on your order by ticking the relevant box.

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarized again and which you can print out or save using the corresponding function. Please note that this is an automated message that only documents that we have received your order. It does not indicate that we accept your order.

(5) The legally binding contract for the purchase of the Products is only concluded when we send you a notice of acceptance by e-mail or when we deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is started immediately after your order has been submitted (for example, a money transfer electronic, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.

(6) You can save your preferred payment method for later use.

In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.

PAYMENT TERMS AND METHODS OF PAYMENT

The total amount of your order will correspond to the purchase price of the Products, delivery costs included.

Payment for purchases is made with the secure payment solution offered by Stripe. You can pay for your purchases with Carte Bleue, Visa, Mastercard, China Union Pay, JCB, Diners, Discover, Visa electro, Maestro and American Express bank cards.

You must provide your bank details when ordering. You also confirm that the credit card you are using is yours.

All credit card holders are subject to a validation and authorization check carried out by the issuing body. If this organization refuses payment authorization, we will not accept your order. In such a case, we will not be liable for any delay or refusal of delivery and will not be required to inform you of the reason for this refusal. We are not responsible for the costs that are charged by your issuing body or your bank, on the occasion of the payment by credit card of your order.

BILLING

We reserve the right to issue electronic invoices, and you accept this type of invoicing.

As the electronic invoice constitutes proof of purchase, we recommend that you save and print this document for future reference.

DELIVERY OF PRODUCTS, OWNERSHIP AND RISKS

We can deliver our products to the following countries/regions: Metropolitan France, Guadeloupe, Martinique, Reunion Island, Saint Barthélémy, Saint Martin, French Polynesia, New Caledonia, Wallis-et-Futuna, Mayotte, French Guiana, Saint- Pierre-et-Miquelon, Italy, Germany, Spain, Portugal, Belgium, Luxembourg, United Kingdom, Switzerland, Andorra, Monaco, Greece, Malta, Cyprus, Netherlands.

Prices, shipping and delivery times vary depending on the type of Products ordered, the delivery address and the delivery method chosen.

The applicable prices and delivery times will be communicated to you before confirming your order. The shipping times, being variable from one product to another, they are indicated on the page of each article. The shipment of the complete order will be made according to the longest shipping time of the items ordered.

Any shipping time indicated applies from receipt of your payment of the purchase price and ends as soon as the products ordered are entrusted to the carrier. Any delivery time applies from the time the products are dispatched.

If we have not succeeded in delivering your order within the aforementioned period, your only recourse against us consists of your right to cancel the order in question and to be fully reimbursed for the sum which you have paid to us for the said order.

The transfer of ownership of the Products is made on the date of delivery of the Products to the address you have indicated to us.

Once you have received the Product, you bear all risk of damage to or loss of the Product.

In the presence of an apparent anomaly in the package (in particular damaged package, open package, traces of liquid, etc.), the Buyer or the Recipient of the ordered products must not open the package but is invited to bring it back unopened in a period of five working days in a post office or to refuse it in the presence of the deliverer and establish a "report of spoliation".

The opening of said package excludes any recourse to the carrier (La Poste, DHL, etc.). The Purchaser or the Recipient is also invited to report the problem encountered to delysia.fr by contacting customer service via contact@delysia.fr

In the case of multiple orders, we reserve the right to deliver the Products separately (each partial delivery being deemed to constitute a separate contract) or to deliver only part of the order.

Any customs or import charges are the responsibility of the customer. For a package intended for export to the United Kingdom, it will be the recipient's responsibility to pay the taxes or customs duties that apply to the country of destination. Customs charges may apply for orders delivered outside the European Union.

COUPONS, CARDS

- gifts and other Offers

We may from time to time offer coupons, gift cards or discounts and other offers (the "Offers") relating to our Products. These Offers are only valid for the duration that may be indicated therein. Offerings may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

REFUND AND RETURN POLICY

If for any reason whatsoever you are not satisfied with your purchase, in accordance with article L.121-20 of the consumer code, you have a period of 14 clear days from the date of receipt to exercise your right of withdrawal and return to us at your expense the products ordered for reimbursement.

Incomplete, damaged, worn or soiled items are neither refunded nor exchanged. Similarly, returns are only accepted if the products have their original label still attached, and the protective sticker which ensures the hygiene of the bottom of the DELYSIA swimsuit.

We will send you an email to confirm that your refund has been processed within fourteen (14) days of receipt of the returned item.

To exercise your right of withdrawal, you must notify us of your decision within the time limit:

- By completing the return form. To do this, go to the foot of the home page then select "RETURN FORM". Once the voucher has been completed, a confirmation email will be sent to you.

- By registered mail to the following address: DELYSIA 6 ter Impasse des BonsNeighbors 13080 Aix-en-Provence.

- Or by e-mail to contact@delysia.fr using the following form attached to these Terms as Schedule 1. If you contact us by e-mail, we will acknowledge receipt of your withdrawal.

Please return the item to us along with the delivery note, so that our logistics services can identify your order upon receipt.

Return costs remain your responsibility (except in the event that we have delivered an item to you by mistake or if the item in question is damaged or defective).

You can use the carrier of your choice and return your package to us at the address mentioned in the return confirmation email.

You must return the Products as soon as possible, in any case within 14 days of notification of your withdrawal. Upon receipt of the Product, we will make a full refund within 14 days, except for the return costs, which will remain your responsibility. The reimbursement of the delivery costs of the initial order will only be reimbursed if the return is made on the entire order. And the refund will be made on the basis of the lowest delivery rate offered by delysia.fr.

In addition, please note that according to article L. 221-28 of the Consumer Code the following Products cannot be returned for contracts:

- Supply of goods made to the consumer's specifications or clearly personalized.

- For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

INTELLECTUAL PROPERTY

The trademark "DELYSIA" as well as all trademarks, figurative or not, and all other trademarks, trade names, service marks, illustrations, images, logos, designs and models registered or not, copyrights and patents (hereinafter “the Elements of intellectual property”), appearing on our Products, in our Online Shop, on all accessories or packaging, registered or not, are and remain the exclusive property of DELYSIA.

Any reproduction, complete or partial, modification or use of the Intellectual Property Elements, for any reason whatsoever or on any medium whatsoever, is strictly prohibited without the express prior written authorization of DELYSIA. This prohibition also applies to any combination or use associated with any other mark, symbol, logo or, more generally, any distinctive sign intended to compose a logo.

LIMITATION OF LIABILITY

DELYSIA endeavors to ensure, to the best of its ability, the accuracy and updating of the information disseminated on the Shop, the content of which it reserves the right to correct at any time and without notice. However, DELYSIA cannot guarantee the accuracy, precision and completeness of the information made available on the Shop.

Consequently, DELYSIA declines all responsibility:

FOR ANY INACCURACY, INACCURACY OR OMISSION RELATING TO INFORMATION AVAILABLE ON THE STORE.

FOR ANY DAMAGE resulting from an intrusion by a third party leading to a modification of the information made available on the Shop.

AND MORE GENERALLY FOR ANY DAMAGE, direct or indirect, whatever the causes, origins, nature and consequences, caused by anyone's access to the Shop or the impossibility of accessing it. Similarly, the use of the store and/or the credit granted to any information coming directly or indirectly from the latter cannot give rise to direct or indirect damage.

MEMBER ACCOUNT

(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”).

You must provide accurate and complete information when creating your Member Account.

(2) If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.

(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account").

If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.

(4) We may terminate or temporarily or permanently suspend your access to your Member Account without liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account.

We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

DATA PROTECTION PRIVACY POLICY AND COOKIES POLICY

Each user may at any time request the deletion of all their personal data stored by DELYSIA by writing an email to contact@delysia.fr

The visitor is likely to provide personal data. The provision of this personal information is optional.

By entering this data in the Online Store, you guarantee that you are using your real identity, and that all the information you provide is true, current, real and complete at the time you provide it to us.

By placing an order, you agree and understand that we may store and process your personal data. DELYSIA fully respects the privacy of people using the Online Store.

DELYSIA's privacy policy is an integral part of these General Terms and Conditions of Sale. The Privacy Policy defines in particular the conditions under which the personal data of Customers collected by the Seller on behalf of DELYSIA are processed, or that the Customer provides to the Seller when the Customer places an order on the Site.

We receive, collect and store any information you enter on our website or provide to us in any other way. Additionally, we collect the Internet Protocol (IP) address used to connect your computer to the Internet; the login; email-address ; the password ; computer and login information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to navigate away from the page. We also collect personal identification information (including name, email address, password, communications); payment details (including credit card information), comments, feedback, product ratings, recommendations and personal profile.

When you transact on our website, as part of the process, we collect the personal information you give us such as your name, address and email address. Your personal information will only be used for the specific reasons mentioned above.

We collect this non-personal and personal information for the following purposes:

Provide and operate the Services;

Provide our users with ongoing assistance and technical support;

To be able to contact our visitors and users with general or personalized service notices and promotional messages;

To create aggregated statistical data and other aggregated and/or inferred non-personal information, which we or our business partners may use to provide and improve our respective services;

Comply with applicable laws and regulations.

Our business is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com's data storage, databases and general applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by our company follow the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

We may contact you to inform you about your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to survey your opinion through surveys or questionnaires, to send updates about our company, or as necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes, we may contact you by email, telephone, text messages and postal mail.

In addition, the policy on the use of cookies applies to the site www.delysia.fr which is operated by or on behalf of DELYSIA. It sets out how we use cookies and other similar technologies on our Sites.

The use of cookies is common on the Internet. Although most web browsers automatically accept cookies, the decision whether or not to accept cookies is yours. You can choose to accept or refuse cookies with or without giving your consent. You can adjust your browser settings to prevent the receipt of cookies, or to receive a notification each time a cookie is sent to you.

By using our Sites, you consent to the use of cookies in accordance with this Cookies Policy. If you do not agree to our use of cookies in this manner, you must refuse the use of cookies by selecting the appropriate settings on your browser or not use our Sites. The most common browser settings in this regard will be described below. However, please note that if you set your browser to refuse cookies, you may not be able to access all the features of our Websites.

What is a cookie? Cookies are small files or data stored on your computer (or other Internet-enabled device, such as a smartphone or tablet) when you visit one of our Sites. A cookie typically contains the name of the website the cookie originated from, the "lifetime" of the cookie (i.e. how long it will stay on your device), and a value, which is usually a randomly generated unique number.

What are cookies used for? We use cookies to improve your browsing experience, make our Sites easier to use, and to better tailor the Sites and our products to your interests and needs. Cookies may also be used to make your future activities and experiences on our Sites faster. For example, they are used to remember your preferences (language, country, etc.) while browsing and on future visits. We also use cookies to compile anonymous aggregate statistics that allow us to understand how people use our Sites and help us improve their structure and content. We cannot personally identify you from this information. Sometimes, if we have obtained your informed consent in advance, we may use cookies, tags or other similar devices to obtain information that allows us to show you, either on our own Websites or on third party sites or by any other means, advertisements based on the analysis of your browsing habits.

What are the cookies used on this site NOT used for? We do not store sensitive personal information, such as your address, password, credit or debit card details, etc., in the cookies we use.

Who uses the information stored in cookies? The information stored in cookies on our Websites is used exclusively by us, with the exception of those from the “third-party cookies” identified below, which are used and managed by external entities to provide the services we have requested. to improve our services and the user experience when browsing our Websites. “Third-party cookies” are used mainly to obtain access statistics and to guarantee the payment transactions carried out.

Do we set cookies on a third-party medium? We may place our cookies on the websites of our partners displaying advertisements for our brands and/or products. These cookies are mainly used to present you with appropriate content, corresponding to your interests, and to evaluate the consultation of our content (including advertising).

What types of cookies do we use? Our Sites use cookies and/or other similar technologies such as device IDs, web beacons or web beacons to collect and store certain information. Typically, when using these technologies, pieces of information or code are transferred or accessed by a website to/from your computer's hard drive or mobile device to store and sometimes track information. about you. Cookies and similar technologies allow you to be recognized when you use the same computer or mobile device to interact again with websites and online services and can be used to manage a range of features and content, to store searches and to present personalized content.

WE USE THE FOLLOWING TYPES OF COOKIES:

Strictly Necessary Cookies and Functionality Cookies. These are cookies which are necessary for the operation of the delysia.fr site and which are used according to the conditions defined with you. They include, for example:

XSRF-TOKEN and hs: Used for security reasons (duration: the session)

svSession: Used in connection with user login (duration: 12 months)

SSR-caching: Used to indicate the system from which the site was rendered (duration: 1 minute)

_wixCIDX (duration: 3 months) and _wix_browser_sess (duration: session): Used for system monitoring/debugging

consent-policy: Used for cookie banner settings (duration: 12 months)

smSession: Used to identify members connected to the site (duration: the session)

TS*: Used for security and anti-fraud reasons (duration: the session)

bSession (duration: 30 minutes) and fedops.logger.X (duration: 12 months): Used to measure the efficiency of the system

wixLanguage: Used on multilingual websites to store the user's language preference (duration: 12 months)

COOKIES FROM SOCIAL NETWORK PARTNERS AND ANALYSIS AND ADVERTISING PARTNERS

Google Analytics: Our Sites use Google Analytics, a web analytics service. Google Analytics uses cookies to help the Sites analyze how visitors use the Sites. The information generated by the cookie and relating to your use of the Sites (this information includes your IP address) will be transmitted and stored on a Google server located in the United States. Google uses this information for the purpose of evaluating your use of the Sites, compiling reports on Site activity for Site operators, and providing Site operators with other services relating to Site activity. Sites and Internet Use. You can prevent the storage and processing by Google of data relating to your use of the Sites generated via the cookie (this data includes your IP address) by downloading the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Google Tag Manager: Our Sites also use Google Tag Manager. This service makes it possible to manage the “tags” of the Sites via an interface. "Tags" are small pieces of code that are used, for example, to measure traffic and visitor behavior, understand the effect of online advertising and social media, set up remarketing strategies and orientation towards target groups, and testing and optimizing websites. Google Tag Manager only implements tags. This means that no cookies are used and therefore no personal data is stored. We list them here to be exhaustive and to be transparent about the tools we use. If you have opted out at domain or cookie level, this opt-out remains in place for tracking tags if implemented with Google Tag Manager.

How to customize your cookie preferences in your internet browser settings? Internet browser settings are generally programmed by default to accept cookies, but you can make adjustments easily by modifying your browser settings. However, if you choose to disable cookies on your browser, you may not be able to take advantage of all the features offered by our Sites.

FOR MORE INFORMATION ON HOW YOU CAN CUSTOMIZE YOUR COOKIES OPTIONS IN YOUR BROWSER SETTINGS, PLEASE CONSULT THE FOLLOWING LINKS:

For Internet Explorer™: http://windows.microsoft.com/en-us/windows7/how-to-manage-cookies-in-internet-explorer-9; For Safari™: http://support.apple.com/kb/HT1677?viewlocale=en_US; For Chrome™: https://support.google.com/chrome/answer/95647?hl=en; For Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences; For Opera™: http://help.opera.com/Windows/10.20/en/cookies.html.

For information on other commonly used browsers, please visit http://www.allaboutcookies.org/manage-cookies/.

Please note that if cookies are disabled, some features of the site (eg online ordering) may not work as expected.

AMENDMENTS TO THESE GENERAL CONDITIONS

DELYSIA informs visitors to the Store that these conditions may be modified at any time. These modifications are published by posting them online and are deemed to have been accepted without reservation by any visitor who accesses them after they are posted online.

FORCE MAJOR

We cannot be held responsible for any delay or failure in the performance of our obligations under these General Conditions, if this delay or failure is attributable to a cause beyond our control.

APPLICABLE LAW AND JURISDICTION

These General Conditions, and all transactions relating to the Online Store, are governed by French law.

Any dispute will therefore be subject to the jurisdiction of the French courts.

VARIOUS

(1) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.

(2) Section titles used in these Terms are for convenience only and have no legal substance.

(3) Unless otherwise stated, if any part of these Terms is found to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and that they will remain in effect.

(4) By accepting the Conditions, you undertake not to dispute the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.

(5) Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the Civil Code.

(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.

(6) The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the Limitations of Liability and this “Miscellaneous” section.

CONTACT US

To contact us, send an e-mail to: contact@delysia.fr or write to us at: DELYSIA 6 ter impasse des bons neighbors 13080 Aix-enProvence.

​

ANNEX 1

- Model withdrawal form

(Art. R. 221-1 of the Consumer Code)

Right of withdrawal form:

Complete and submit the following form if you wish to withdraw from the agreement.

Att. : Customer service

I hereby inform you that I withdraw my agreement for the subscription of a

subscription to the Service below/the contract for the purchase of the Products below:

Product Name:

Purchased on/received on:

Client name :

If possible, specify your account, order or customer number:

Customer address:

Date of the order :

Signature of the user [if in paper form]: