1. Introduction
DYSEUROPE, a limited company with a capital of 10 000 €, manages an ‘online sales’ business of products and services.
Products: an exclusive method of re-education for people who are dyslexic, in three stages, with original books as support.
Services: personalized assistance by telephone and by email
DYSEUROPE offers an online distance sales service of the above-mentioned products by internet.
On signing the Confidentiality Agreement, the customer declares by honour to have formally acquainted himself with the conditions set out below before placing an order for products.
By choosing to buy products or services from DYSEUROPE, the customer expressly and irrevocably accepts the following terms:
2. Copyright, intellectual property
The ‘ABC’ method deHaan & Merlivat is strictly intended for individual use only.
On purchasing our books, the customer formally commits herself/himself not to reveal, to pass on or to reproduce all or any part of the method. This commitment is validated by return of the duly signed Confidentiality Agreement attached to the first book of the method. On reception of this written agreement, Dyseurope allows access to telephone support as well as to the second and third stage of the method ABC deHaan & Merlivat
Moreover, ANY PROFESSIONAL USER of the method, within the framework of her/his professional occupation (speech therapy, psychotherapy, private tuition, etc.), is forewarned that she/he will be pursued in court for fraudulent and abusive use.
Further, it should be kept in mind that copyright, intellectual property and distribution rights are protected. Consequently any wrong practice, copying or other diverted use will be severely sanctioned by legal means.
3. Legal majority
The client declares to have the ability of fulfilling the present contract, of which the general sales conditions as stated hereafter, this entails having the legal majority and not being under either legal authority or legal guardianship.
4. Governing Laws
The applicable regulation to the sale proposed, is that of the long distance sale in effect in France to date, of which the DYSUROPE Corporation reminds hereafter to the client the principal terms.
5. Registration of Order
To allow the customer to return to his order before definite validating, DYSEUROPE created three screens of acceptance. The final and definite registration will be valued only at the third and last ‘click’ on the recapitulative page/screen of the order. This last "click" is valued and linked to the handwritten signature aimed as in the article 1341 of the French, below mentioned Civil code.
6. Order Confirmation
DYSEUROPE acknowledges receipt of order by email detailing the order. This email is proof of order and should be kept in a safe place.
NB: The email confirms that the client has placed an order with DYSEUROPE and not that the product is available.
The delivery date of the product is calculated from the first workday following the order, provided the order was placed after 12 noon.
In the case of stock shortage, DYSEUROPE emails the client within three working days to propose a new delivery date or cancellation of order.
7. Price, payment and invoicin
Product prices are indicated in euro TTC, postal charges included. Any change in the VAT rate is automatically reflected in the product price. Payment may be made by credit card or checks drawn on French banks only.
8. Postal charges and delivery time
8.1. Postal charges
Products are delivered to the address indicated by the customer. DYSEUROPE reserves the right to choose means of transport and guarantees safe delivery of product. Extraneous delivery costs are the responsibility of the client, from release of the product to delivery address.
8.2. Delivery deadlines
Except in case of forces majeure, delivery periods - within the limit of available stocks – are indicated below. Delivery time is from date of registration of order: for France metropolis and Corsica, 72 hours. In case of delay, Dyseurope cannot be held responsible. Consequently, the client cannot claim compensation of any nature.
9. Geographical delivery zones
Products sold by DYSEUROPE are available for delivery worldwide.
10. Verification of delivered products
It is the client’s responsibility to check state of packaging and conformity of the product on delivery. Any claim in respect of visible defects or non-conformity of the product is to be lodged with DYSEUROPE within three working days of reception of the product, by:
or email to methodeabc@dyseurope.com;
and in all cases calling 0033 (0) 3 22 28 62 87
Unless a claim is made within the agreed delay, the delivered products will be deemed to conform to the order and to have been accepted by the Client.
No product will be exchanged until the client has returned it and received by DYSEUROPE. All products returned must be in pristine, unopened condition with all seals intact.
Before returning a product to DYSEUROPE, the client should contact DYSEUROPE, by calling either 0033 (0) 3 22 28 62 87 or 0033 (0) 877 821 140, to be allocated a return authorisation code which should be clearly marked on the packaging of the returning product. Any product received without return code will be refused and returned to sender.
11. Cooling-off period
By law the client is entitled to a seven-day cooling-off period from date of reception. During this time the client can return, at own cost and without penalties, a product not deemed suitable. The client will then choose between a refund of the product returned, or the exchange of the product. It is to be expected that the product returned - at the client’s expense - be in similar condition as when sent by DYSEUROPE.
Should a product be returned with a latent defect, DYSEUROPE, after inspection of the product, and provided that its responsibility is fully and completely proven, undertakes to replace or to refund the product deemed defective. No exchange or refund can be made unless the product contains a defect corresponding to Article 12 of the present General Terms and Conditions. Only in the event of a latent defect can a product be deemed returnable once the seal has been broken and the product opened.
However, certain products prone to software copying will have to be returned unopened in their original packaging. Failing this neither exchange nor refund is possible, save in the case of a client who has proven a flaw in the product as agreed in article 12 of the general sales conditions.
12. Guarantee and after-sales service
In any event, the client is guaranteed against latent defects: consequently, in the case of a manufacturing defect rendering the product unfit for use, the client contacts the DYSEUROPE after-sales service, by:
registered letter to DYSEUROPE BP 90009 – 80490 HALLENCOURT, France;
or email to methodeabc@dyseurope.com
13. Security – Online Transactions
To optimize safety of on-line transactions, an on-line payment system SSL (Secure Socket Layer) is available to the client. SSL encrypts credit card information as it travels from the client’s computer to the DYSEUROPE Web site. This minimizes the chance that the credit card information will be stolen. Guarantees granted by DYSEUROPE are identical to those of the developers of SSL software.
14. Retention of Title
DYSEUROPE retains title to the goods and shall not pass it to the client until the purchase price for the Product has been paid in full and received by the company. The remittance of a letter of credit or other commercial paper does not constitute payment in full.
The above-mentioned measures do not represent an obstacle in the transfer of responsibility to the client regarding damage or loss. In the event of partial or non-payment, DYSEUROPE shall be entitled to demand the restoration of the product delivered. The cost of any such refund is borne by the customer.
15. Nominative Information
In compliance with Law No. 78-17 of 6 January 1978 relative to Data Processing, Data Files, and Data Privacy Protection, modified by Law No. 2004-575 of 21 June 2004, information requested from the Client is necessary for the processing of the Client’s order and is solely for the use of DYSEUROPE. The Client has right of access to the information concerning it. Upon request, this information can be communicated to the Client and, in the event of error or of modification, can be rectified. The Client can also prevent the communication of this information to any third party by making a request to DYSEUROPE in writing.
16. Force majeure
DYSEUROPE disclaims all responsibility for any failure to fulfil its contractual obligations in the event of a force majeure or chance event, including, but not limited to, disasters, fires, strikes within or outside DYSEUROPE, failures or breakdowns within or outside DYSEUROPE, and in general any event preventing the satisfactory execution of the orders.
17. Identification of the Company DYSEUROPE
Registered Office:
BP 90009
80490 HALLENCOURT
RCS: Amiens No. 488 556 648.
18. Entire Agreement
The General Terms and related headings (Orders, Security, Payment, Delivery, Guarantee and After-sales service) constitute the entire rights and obligations of DYSEUROPE and of the Client concerning the orders of the Product on the Internet site. No general or special terms communicated by the Client shall be integrated into the General Terms.
19. Specific Sale Conditions applicable to orders by telephone, fax and postal services
DYSEUROPE also offers postal order (French Postal Service) ordering facilities. By ordering a Product using the above methods the Client declares to be acquainted with and have accepted irrevocably the General Sales Terms and Conditions as well as the following Specific Conditions applicable to fax, phone and postal orders.
20.1. Registration of Order
An order is considered registered by DYSEUROPE beginning from the order date, if placed before 12 noon on a workday. If the order is placed after 12 noon, it will be registered on the date of the following workday. The order will be considered registered from the date the order form and payment are received by DYSEUROPE. As from the registration of the order, the latter is considered irrevocable and cannot be modified unless in the limited cases anticipated below. In the case of stock shortage, DYSEUROPE will contact the Client, within three working days from the registration of the order, to offer him, as already agreed hereby by the Client, either a new reception date for the Product, replacement of the Product or cancellation of the order.
Preferred methods of payment are credit cards and checks drawn on French banks.
21. Litigation
In the event of difficulties regarding the interpretation or the application of the present Terms & Conditions, the concerned parties will attempt, by all means possible, to resolve the problem as amiably as possible. In case of failure to resolve the crisis, any contention caused by the Terms & Conditions, even in the case of plurality of the defendants or recourse under warranty, will take place in front of the tribunal of commerce (Tribunal de Commerce), Lower Civil Courts of ABBEVILLE, France.