Terms of sale
FR17 952 738 011 These General Terms and Conditions of Sale are those of DIVINE HARMONIE, a single-person simplified joint-stock company with a capital of 1,000 euros, registered in the Paris Trade and Companies Register under the number 952 738 011, whose intra-Community VAT number is and whose registered office is located at 6, Rue Léon Vaudoyer 75007 Paris, France.
2. Scope and acceptance of the General Conditions of Sale
The purchase of Products offered on the website www.divineharmonie.com (“Site”) is subject to these general terms and conditions of sale of the Site (“GTC”).
The DIVINE HARMONIE Products (‘the Products’) are intended exclusively for sale to end consumers, natural persons or non-professional legal persons (‘the Customers’), to the exclusion of any resellers or intermediaries acting on behalf of resellers. Therefore, the Customer states that it is acting as the final consumer and that it does not intend to resell the Products for commercial purposes.
DIVINE HARMONIE may update these GCS at any time.
The Customer can read at any time the version of the GCS in force by clicking on the link https://divineharmonie.com/policies/terms-of-sale. The GTC in force at the time of conclusion of the sales contract are those that are enforceable against the Customer.
In addition, at each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these GCS in force on the date of placing his order. Those GTCs may be viewed at the time when it is asked to confirm that it accepts them. To materialize this acceptance, the Customer will have to tick the box “I have read and I accept the General Conditions of Sale of the site divineharmonie.com”.
3. Ordering
Any order placed on the Site constitutes express acceptance of the GCS and constitutes acceptance of the prices and Products available for sale on the Site.
* Ordering process
The Customer who wishes to place an order must follow the following procedure:
- Product Selection: Customer must select the Product they wish to order.
- Verification of the contents of the Customer’s selection:
the Customer verifies the contents of his basket while retaining the possibility of deleting the Products he has selected.
- Identification:
the Customer can create an account by filling in the identification form made available to him and indicating the requested information (mandatory information: civility, surname, first or corporate name, address, e-mail, password, telephone number for delivery).
- Verification of the Customer's order: the customer verifies the content of his order, the total price, the delivery and billing addresses while keeping the possibility to delete a Product or modify the billing and delivery address. The Customer validates his method of delivery and payment. The Customer must confirm his acceptance of these GCS by ticking the corresponding box. Validation of the order is only possible after checking this box. After this step the Customer can no longer modify and/or cancel his order.
- Acknowledgement of the order: the Customer receives an e-mail summarizing the content of his order, namely:
- its delivery and billing addresses
- the number of his order
- date of order
- the list of Products ordered and their amounts
- the mode of delivery: address provided by the Customer or “relay point” or “withdrawal to the headquarters”
The Customer is advised to keep and print this document as official proof of his order. The order is then recorded and processed by DIVINE HARMONIE which verifies the availability of the ordered Product(s). Any order placed shall constitute acceptance of the prices and descriptions of the Products available for sale.
- Confirmation of order dispatch: the Customer receives an e-mail summarizing the content of his order and confirming the dispatch. The contract shall be deemed to have been concluded on the date on which the e-mail was sent.
* Order tracking
A tracking number of the carrier is communicated to the Customer when his order is validated.
If the Customer wishes to obtain information concerning the follow-up of his order, he can connect to the website of the carrier chosen by DIVINE HARMONIE, e.g. UPS, at www.ups.com, and follow the delivery of his package live. In addition, the Customer receives information by e-mail about the various stages of the process of processing and preparing his order until its shipment.
4. Availability of Products
The offers of DIVINE HARMONIE Products and prices are valid as long as they are visible on the Site, within the limits of available stocks.
Errors or changes may exceptionally exist, no particularly in the case of simultaneous orders of the same Product by several Customers.
In the event of unavailability of the Product after placing its order, DIVINE HARMONIE will inform the Customer by e-mail or by telephone as soon as possible, offering him either to order another Product presented on the Site as a replacement, or to cancel his order free of charge.
DIVINE HARMONIE shall not be liable in the event of stock shortage or unavailability of the Products for orders not yet accepted by DIVINE HARMONIE.
DIVINE HARMONIE reserves the right to change at any time and without notice the Products offered on the Site.
In order to ensure a better quality of service and availability of its Products to all Customers of the Site, DIVINE HARMONIE reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this area and in particular those of Article L.121-11 of the French Consumer Code.
If every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations of color rendering on the Customer's computer equipment. Consequently, DIVINE HARMONIE cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.
DIVINE HARMONIE reserves the right not to accept an order from a Customer with whom it is in dispute for an earlier order, or if DIVINE HARMONIE reasonably believes that this Customer has violated these GCS or engaged in fraudulent activity, or for any other legitimate reason.
5. Price
The prices of the Products are indicated in Euros with also the possibility of a choice of payment in other currencies (on the basis of a daily conversion via the converter used for the Site), all taxes included and excluding any customs charges for orders outside the EU that remain the responsibility of the Customer. Apart from the cases of refund made (i) in the context of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, DIVINE HARMONIE will not refund the VAT applied on purchases made on the Site (even in the case where the buyer, after receipt, returns the Products to a third country to the European Union).
DIVINE HARMONIE reserves the right to modify at any time and without prior notice the prices of the Products offered on the Site.
The Products are invoiced on the basis of the prices displayed on the Site at the time of placing the order, subject to the availability of the Products ordered at that time.
All orders are payable in Euros and must be paid immediately at the time of placing the order.
In the event of unavailability of certain Products ordered (see Article 4 “Availability of Products”), only the price and transport costs relating to the Products available will be debited.
*Terms of payment
By credit card (Visa, CB, MasterCard, American Express): Payment is made on the secure site of the DIVINE HARMONIE partner bank.
By payment application: via PayPal, Shopify Pay, Alipay, Apple pay (mobile) and Android pay (mobile).
This implies that no banking information concerning the Customer passes through the site www.divineharmonie.com.
The payment is therefore secured by the partners in charge of managing the financial transactions.
The order will thus be registered and validated as soon as the payment is accepted by the banking service.
6. Retention of Ownership
The Products ordered remain the property of DIVINE HARMONIE until the full collection of the price by DIVINE HARMONIE. On the other hand, the Customer assumes the risks (in particular loss, theft or damage) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.
7. Terms of delivery
The amount of the preparation and shipping costs depends on the country and the total amount of the order. They will be detailed on the invoice.
DIVINE HARMONIE cannot be held responsible for any action and/or fees and/or taxes (which are the responsibility of the Customer) and/or delays due to customs services over which it has no control.
For all Products, the order is prepared for a departure from the warehouses of DIVINE HARMONIE within a maximum of 3 working days (subject to availability of stocks and except for the particular case of Products sold “in pre-order” whose sheet indicates the specific estimated delivery time) from the confirmation by e-mail of the order. The average time recorded between the placing of an order and its delivery is from 4 to 9 working days. This is an average of the time recorded.
By way of exception, at the times indicated above, “pre-order” operations may be subject to longer delivery times. In this case, the estimated lead times for ‘pre-order’ operations may be 6 to 9 months from the order as duly indicated in the purchasing process.
Exceeding the estimated delivery time indicated may not give rise to any cancelation of the order, any reduction in the price paid by the buyer and any payment in respect of damages, it being specified that in certain specific cases (e.g. products marketed in “pre-order”) the periods indicated above may be longer. However, in the absence of delivery after 30 days from the estimated maximum time, the Customer will have the possibility to cancel the order free of charge. The amounts paid will then be refunded. In cases where it has the capacity, DIVINE HARMONIE reserves the possibility to offer the Customer a Product of quality and price equivalent to the initial product.
If the order reaches a certain volume, DIVINE HARMONIE can send them to the Customer in several deliveries and/or several packages.
The Customer must verify the conformity of the delivered Products at the time of delivery and before signing the delivery note of the carrier. He must indicate on this delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (Damaged Product...). This verification is considered to be carried out once the Customer, or a person of his choice, has signed the delivery note. No claim on the condition of the parcel(s) delivered will then be admissible. In the event of reservations on delivery, the Customer must also confirm them to the carrier within 3 working days of receipt of the item(s) and send a copy of this letter to DIVINE HARMONIE by email to contact@divineharmonie.com with confirmation by registered letter with notice of receipt to the customer service at the following address Société DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France.
In case of incomplete address, wrong address, refusal of the package by the recipient or lack of information resulting in an impossibility to deliver the Product to the recipient in time, DIVINE HARMONIE cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, DIVINE HARMONIE will be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the carrier's general terms and conditions of delivery which, in certain cases, if he does not comply with them may impact the quality of delivery.
Thus, in case of absence of the consignee, according to the general delivery conditions of the carrier, the product can be presented again and/or deposited in an agreed point of relay and/or in front of the home of the Customer and/or in a center of “sorting - waiting” of the carrier and/or returned to DIVINE HARMONIE which cannot be held responsible for any theft, loss, damage on the Products in relation to their delivery and, in general, the final quality of delivery.
In the event of an impossibility of delivery and if the product was then returned to DIVINE HARMONIE by the carrier, DIVINE HARMONIE will not make a new delivery.
Any claim concerning the delivery of the Products must be formulated within 14 working days following receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to DIVINE HARMONIE, they must be returned in their original condition (packaging, accessories...) and according to the following conditions of dispatch. The Customer must first contact the customer service via email: contact@divineharmonie.com in order to obtain a return number to note on the “Return Order” form attached to the order and any details regarding the shipment. No parcel will be accepted without a return number. This number must be written legibly on the package to the marker. The Product must be returned to Société DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France.
8. Right of withdrawal
In accordance with articles L. 121-16 et seq. of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to inform the customer service of the will to return the Product.
For any return, the Customer must i) use the return form attached inside the delivery package or ii) contact the customer service via the email: contact@divineharmonie.com to inform them of their decision to use their right of withdrawal. Any parcel returned after the announced deadlines will be refused and returned to the sender. No parcel will be accepted for any reason. The costs and risks associated with the return of the Products shall be borne by the sender. For customer service to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, or worn, accompanied by all its accessories and a copy of the purchase invoice to the company DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France. The Customer will not be required to provide reasons or pay penalties, except for the return fee.
DIVINE HARMONIE cannot be held responsible for the loss, theft or damage of the package.
Packages for which the identification of the Customer (name, first name, address and return code) will not be possible, will be refused.
Any return must be done by a traceable method (UPS, FEDEX, DHL, RAR, etc...) and the tracking number must be communicated to DIVINE HARMONIE.
Upon receipt of the Product returned by the Customer, the Customer Service will send an email confirmation of receipt of the Product.
DIVINE HARMONIE, in the event of regular exercise of this right by the Customer, will refund to the latter the sums paid by him corresponding to the acquisition of the returned Product(s) (therefore excluding any customs charges), within a maximum period of fourteen days, by bank transfer to the account used with the payment card sent in the name of the Customer.
DIVINE HARMONIE undertakes to reimburse the standard delivery costs including the tracking of the package. To this end, the delivery invoice indicating the tracking number of the package should be inserted in the return package.
9. Legal guarantees
The Products sold by DIVINE HARMONIE are subject to the conditions of legal guarantees provided by Articles L.217-4 to L.217-14 of the Consumer Code and Articles 1641 to 1648 of the Civil Code, excluding any other guarantees:
DIVINE HARMONIE will refuse any claim relating to Products that have been inappropriately used.
Any complaint concerning the Products as such and not linked to the delivery must be made by email to contact@divineharmonie.com followed by a written confirmation sent by registered letter with notice of receipt to the customer service at the following address Société DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France.
*Legal assurance of compliance:
DIVINE HARMONIE will deliver to the Customer a Product that is in conformity with the contract and free from defects of conformity upon delivery of said Product, in the sense that the Product will be fit for the usual expected use of a similar good and that it will have the characteristics presented during the sale. DIVINE HARMONIE is also liable for any lack of conformity resulting from the packaging, installation instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
*Legal guarantee of hidden defects:
DIVINE HARMONIE will give the Customer a Product free of hidden defects which would make it unsuitable for the use for which it is intended, or which diminish this use so much that he would not have acquired it, or would have given only a lower price, if he had known them.
These warranties will only apply provided that the Customer makes the request within 24 months from the delivery of the Product (for the legal guarantee of conformity) or the discovery of the defect (for the legal guarantee of hidden defects).
Defects in conformity which appear within 24 months of delivery shall be presumed to exist at the time of delivery, unless proven otherwise.
In the event of a recognized non-conformity on a Product sold by DIVINE HARMONIE, the Customer may choose between repairing and replacing the Product unless one of these choices entails a manifestly disproportionate cost for DIVINE HARMONIE. If repair or replacement of the Product is impossible, the Customer may be reimbursed the price paid and return the Product or keep the Product and be reimbursed part of the price, unless the lack of conformity is minor.
In case of a hidden defect recognized on a Product sold by DIVINE HARMONIE, the Customer will have the choice to return the Product and to be refunded the price and costs occasioned by the sale or to keep the Product and to be refunded part of the price.
In any case, it will be up to the Customer to prove that he meets the conditions of the warranty.
The restitution, replacement or refund of the Product will take place free of charge for the Customer and do not prevent the possible allocation of damages in case of entitlement.
In case of lack of conformity and/or hidden defects recognized by DIVINE HARMONIE, if it is decided to return the Product, the Customer must send it to the following address: Société DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France. The Customer must have previously obtained from the customer service contact via the email: contact@divineharmonie.com a return number and any details regarding the shipment. No parcel will be accepted without a return number. This number must be written legibly on the package to the marker.
10. After-sales service and spare parts availability
All technically repairable products benefit from a paid after-sales service. For any repair request, the Customer will contact customer service directly via the email: contact@divineharmonie.com.
In accordance with Article L 111-3 al 1 of the Consumer Code, DIVINE HARMONIE confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. DIVINE HARMONIE will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
11. Limitation of liability
Under no circumstances may DIVINE HARMONIE be held liable for any damage that does not result from DIVINE HARMONIE’s failure to fulfill one of its obligations.
12. Personal data
When the Customer registers on the www.divineharmonie.com Website, DIVINE HARMONIE collects his personal information (personal data, e-mail address, gender...) through the registration form in order to offer him the services accessible in the reserved areas of DIVINE HARMONIE. The provision of personal information concerning him is essential for the processing and delivery of his orders.
The ordering process on the www.divineharmonie.com Website may require the creation of a Customer account in which its information is stored and protected by a password that the Customer will choose. This information is strictly confidential and is intended for DIVINE HARMONIE only. They will be processed in strict compliance with the provisions of the “Informatique et Libertés” Law n°78-17 of 6 January 1978 and Regulation (EU) 2016/679, General Data Protection Regulation.
As such, DIVINE HARMONIE undertakes in particular to (i) ensure the confidentiality of personal data processed in this context by implementing the appropriate security measures in its field of activity, (ii) ensure that persons authorized to process personal data pursuant to this Agreement undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) that its possible subcontractors comply with the legal obligations on behalf of and according to the instructions of DIVINE HARMONIE.
At any time, the Customer has the right to access, modify, rectify and delete the data concerning him. To exercise this right, he can request it from DIVINE HARMONIE by email at contact@divineharmonie.com or by mail at the following address: Société DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France
Subject to validation by an “opt-in” of the client, personal information (personal data, email address, gender...) may also be used by DIVINE HARMONIE and/or its partners for commercial purposes such as sending newsletters or solicitations.
The Site, to better meet the needs of the Customer and to personalize them, uses cookies. The purpose of the cookie is to indicate your visit to the Site.
The DIVINE HARMONIE Personal Data Management Policy is available on the Site.
13. Intellectual property
All documents, text information, graphics, images, photographs or any other content disseminated on the Website www.divineharmonie.com are the exclusive property of DIVINE HARMONIE. As a result, they may not be reproduced, exploited or used in any way, without the express permission of the editor.
DIVINE HARMONIE is the owner of all intellectual property rights (with the exception of authors’ moral rights) relating to the Products and the distinctive marks and signs under which the Products are marketed.
The Client acknowledges without reservation as such the intellectual property of DIVINE HARMONIE and undertakes not to infringe it in any way. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way, directly or through a third party, for its benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to DIVINE HARMONIE.
14. Major Force
"Major Force" means all external, irresistible and unforeseeable circumstances beyond the reasonable control of the party who is subjected to force majeure.
In the event that DIVINE HARMONIE is prevented or delayed by a case of force majeure in the performance of its commitments, DIVINE HARMONIE undertakes to inform the Customer within 96 hours specifying the precise elements constituting force majeure, the reasonably foreseeable duration of the delay or impediment. DIVINE HARMONIE will then be released from the responsibility linked to the non-execution or delay in the execution of its obligations, but undertakes to use its best efforts to resume the full execution without delay, In such case of force majeure, DIVINE HARMONIE may at its discretion terminate the order or any part thereof, without commitment of responsibility, but with the burden of reimbursing the Customer the sums already paid. In no way will the Customer be able to invoke force majeure to release himself even temporarily from an obligation to pay a sum of money.
15. Applicable law - Disputes
The customer can submit any complaint by contacting the company at the following address DIVINE HARMONIE - 6, Rue Léon Vaudoyer 75007 Paris, France
These General Terms and Conditions of Sale are governed by and construed in accordance with French law. The language of this contract is French.
In the event of a dispute, the French courts will have sole jurisdiction. However, pursuant to Regulation EC 593/2008 of 17 June 2008, these GCS do not preclude the application of a provision more favorable to the Customer, which cannot be derogated from by agreement, under the law of the country where the Customer has his habitual residence.
In accordance with the provisions of Articles L611-1 to L.616- of the Consumer Code, the consumer is informed that he may have recourse to a Consumer Ombudsman under the conditions provided for in Title 1 of Book VI of the Consumer Code, in particular via this link ec.europa.eu/consumers/odr
In the event of a failure of the complaint to the customer service, or in the absence of a response within 2 months, the customer may submit the dispute to a mediator who will independently try to bring the parties together to obtain an amicable solution.
Notwithstanding the above, in the event of a dispute, and in accordance with Regulation No 1215/2012 of 12 December 2012:
- the Client may bring an action either before the court of his domicile or the French courts.
- DIVINE HARMONIE may bring an action before the court of the place of residence of the Customer.