Terms and conditions of use

ARTICLE 1 – PRICE OF PRODUCTS

1.1 – The prices of our products are indicated in Euros. All taxes are included, except share in the expenses of treatment and of shipping.

1.2 - In the event that you place an order from a country other than France, you are the importer of the product(s) concerned. For all products shipped from a country located outside the European Union and the DOM-TOM, the price will be automatically calculated exclusive of Value Added Tax on your invoice. You may be liable to pay customs or import duties and national, local, city or state sales taxes.Such duties and taxes do not come under the authority of DIVERSITE. By placing an order you expressly acknowledge your sole responsibility for accounting for and paying all such duties and taxes to the competent authorities and organizations of your country. We advise you to ask your local authorities about such duties and taxes.

1.3 - Each order is invoiced in Euros and must be paid in Euros.

1.4 - DIVERSITE reserves the right to modify its prices at any time. Products will be invoiced according to the prices in force at the time of the order completion and subject to product availability.
 
1.5 - Products remain the property of DIVERSITE until the complete cashing of the order.

ARTICLE 2 – HOW TO PLACE AN ORDER

• By postal payment (bank cheque) to the following address:

Diversité, 4 rue Buisson, F-42000 Saint Etienne / France

• Via the Website (using bank card or PayPal): www.shop-dubinc.org.

By providing the registration information you enter in the online purchase form, you guarantee its liability and acknowledge that the person named in the registration information will be the legal licenseeof the product. If you place an order online, DIVERSITE will confirm you the payment via an e-mail sent to the address you supply at its date of purchase. DIVERSITE reserves the right to cancel any order from a customer with whom there may be a dispute with respect to the payment of a previous order.

ARTICLE 3 – VALIDATION OF THE ORDER

Regarding orders placed via the Website: before ordering a product offered for sale from the Website,you expressly acknowledge having examined and fully agreed to sales terms. As of the time you complete your order by validating the payment you are deemed to have knowingly and unreservedly agreed to these terms.

Regarding orders placed by postal payment, the reception of your purchase order confirms that you have agreed to these general conditions of sale.

ARTICLE 4 – AVAILABILITY OF PRODUCTS

The items we put on sale are subject to available stocks.

You can get information on products’ availability directly on the Website and unavailable products are indicated to you on the purchase order.

In the event of unavailability of the product with reception of your order by DIVERSITE, we will contact you by e-mail or by telephone in order to offer you a similar product of the same value, to refund the unavailable product or to cancel your order.
 
ARTICLE 5 – DELIVERY OF PRODUCTS

Products are delivered to the address of delivery that you indicated to us during the process of order.

The share of carriage costs is inclusive of all taxes.

The delivery period is about 15 working days.

Except particular conditions, any order to be delivered will be dispatched in the deadline indicated above after reception of your order by our company.

After a delivery period of more than 17 working days you are allowed to cancel the order (except in thecase of acts of God and other cases stipulated in the article 7 of the general sales conditions), if yourequire it and if your order is not being prepared.

In the event of an unusual delay, you will receive an e-mail.

ARTICLE 6 – PAYMENT METHODS OF THE ORDER

You can carry out the payment of your purchases:

- by bank cards: Visa, MasterCard, American Express and other credit cards

- by PayPal

- by bank cheque

In the event of a payment by bank cheque:

- it must be issued by a bank domiciled in France or in Monaco.

- the amount of your order could be withdrawn at the receipt of the cheque

- the cheque should be made out to DIVERSITE, payable in Euros and will be sent to DIVERSITE, 4 rue Buisson F-42000 Saint Etienne

ARTICLE 7 - SECURITY OF THE PAYMENT

We have adopted the SSL encryption process which ensures the reliability of transactions and provides full confidentiality of your personal payment information.

The number of the bank card you enter is known only by our bank “Société générale – Sogenactif”.

It is not available in the server center of the Website. The order you validated will be considered as effective only when the centers of banking payment concerned give their agreement. In the event of a refusal from these centers, the order will be automatically cancelled and you will be informed by e-mail.

ARTICLE 8 – SATISFIED OR REFUNDED

You have a 7-day deadline as from the receipt of the parcel to turn over any item not agreeing to you.

Shipping and return costs will be at your charge. Only the price of the purchased product(s) will be refunded.

Products turned over have to be sent to DIVERSITE, 4 rue Buisson F-42000 Saint Etienne in good condition and in their state of origin (packing, accessories, notes...).

The return of CDs whose cellophane has been removed by the customer will not be accepted, as well as for that of items dirty, torn or damaged by the customer.

ARTICLE 9 – CONFORMITY OF PRODUCTS

We commit ourselves to refund you or to exchange products that do not correspond to your order. In this case please indicate on the delivery order and form of handwritten reserves accompanied by your signature any anomaly concerning the delivery and send us the product(s) back. DIVERSITE will exchange or refund you the item(s).

Shipping costs will be refunded in accordance with the purchase price and return costs will be also refunded (enclose the invoice of the re-shipment).

In any event you benefit from the provisions of the legal guarantee in particular those relating to the guarantee against hidden defects.

ARTICLE 10 - REFUND

In respect of the articles 8 and 9 we commit ourselves to refund your items within less than 30 days after receiving them.

- With regards to the payment by bank cheque you will receive the refund by cheque made out to your name and sent to the billing address you indicated on the purchase order.

-With regards to the banking payment you will receive the refund directly by transfer on your bank account.

-With regards to the payment via PayPal you will receive the amount of the order by transfer on yourPayPal account.

ARTICLE 11 – CUSTOMER SERVICE

For any information or enquiry, please contact our customer service.

Either by post, at the address:

DIVERSITE, 4 rue Buisson, F-42000 Saint Etienne

Or by e-mail, at the address: contact@shop-dubinc.org

ARTICLE 12 - RESPONSIBILITY

The Artist Merchandising (clothes, CDs…) should be available on the Website (shop.dubinc.org) in the form of a pictogram (drawing). The design is not contractual and the customer could not formulate any complaint concerning the size, the cutting, the colour of items or logos which are screen printed.

DIVERSITE will not be held responsible for non-fulfillment of terms in the event of out-of-stock condition or unavailability of the product (production discontinuance), acts of God, disturbances, generalor partial strike, including postal services and means of transport and/or communication, flood, fire.

ARTICLE 13 – APPLICABLE RIGHT - DISPUTES
 
In event of a dispute the costumer should contact first and foremost Diversité so as to find an amicable solution.

Terms shall be governed by and construed in accordance with the laws of France. The present agreement was written originally in French. Only the jurisdiction of Saint Etienne (Department of the Loire) is empowered to deal with the disputes arising between Diversité and its customers.

Diversité will not be held responsible for any material, immaterial or corporal damage which can result from a bad functioning or from a bad use of marketed products or for any other issue related totransport.

In any event the responsibility of Diversité will be limited to the amount of the order and any claim relating simple errors and omissions -which could still remain in spite of the whole care brought to prepare products-could not be accepted. In any case Diversité will not be held responsible for non-respect of the legislative and regulatory provisions in force in the country of reception; its responsibility is systematically limited to the value of the product blamed, value on its date of sale and this without possibilities of recourse towards the brand or the producing company of the item.

ARTICLE 14 – NOMINATIVE INFORMATION

DIVERSITE commits itself not to reveal to a third party information communicated by the buyer. This information is confidential and will be used only for the handling of the order and to reinforce and personalize the communication, the cultural offer and products made reserved to the customers of DIVERSITE. In accordance with the Law of January 6th, 1978 concerning Software and customers’ rights you can therefore access and modify your personal file by contacting us by e-mail atshop@dubinc.org or by post at Diversité, 4 rue Buisspn F-42000 Saint Etienne in specifying your full name and address.

Serial number of the declaration to the CNIL (French data protection authority): 1289494.