The internet platform Daringbox is run by MT PROJECT SAS, a simplified public limited company with a capital of 10,000 euros, headquartered at 6 rue François Dauphin – 69002 Lyon, France, registered on the Registre du Commerce et des Sociétés de LYON (Lyon Company Register) under the number 789 311 016.
MT PROJECT SAS is covered by professional indemnity insurance which is manifestly adequate and is in possession of all authorisations allowing it to carry out its business activities in a correct manner and in compliance with applicable legal provisions and regulations.
MT PROJECT SAS’s objective is to sell gift boxes.
For the purposes of interpretation and the performance of the present contract, when written with a capital letter, the terms and expressions used below mean:
- Beneficiary: a person who uses the Daringbox.
- Client: a person who has purchased a Daringbox, given that a Client may or may not be the Beneficiary of the Daringbox depending on whether they use the Daringbox personally or give it away.
- Terms and Conditions: the present document entitled "Daringbox Terms and Conditions" as well as the documents and appendices it refers to.
- Cookies: the small files saved on a user’s hard drive with the aim of making browsing the Site easier and suggesting pages which better meet users' needs.
- Daringbox: the concept of gift boxes ("gift box sent by mail") named, developed and sold by MT PROJECT SAS.
- Personal Information: any information, notably on the internet, enabling direct or indirect identification of a Client (name, surname, postal address, email address, age)
- Partner(s): a natural or legal person who supplies one or more products or one or more services included in the Daringbox gift box.
- Party/Parties: either individually or collectively the Client and/or the Beneficiary and the Seller.
- User: any person who uses, browses or visits the Site, who is not necessarily a Client or Beneficiary.
- Seller: MT PROJECT SAS, a simplified public limited company with a capital of 10,000 euros, headquartered at 6 rue François Dauphin – 69002 Lyon, France, registered on the Registre du Commerce et des Sociétés de LYON (Lyon Company Register) under the number 789 311 016.
- Site: the Internet platform accessible at the URL http://www.daringbox.co.uk.
1.1. The purpose of the present Terms and Conditions is to define the conditions and manner in which the Seller proposes to market the Daringbox.
1.2. As such, Site access and use is subject to Terms and Conditions. Any orders of a Daringbox, by a Client, implies the acceptance, without reserve, of the present Terms and Conditions by the Client and/or the Beneficiary and/or User, notwithstanding any prospectus, brochures or catalogues which have an indicative value only.
The Terms and Conditions are available to the User and/or Client before all Daringbox orders are placed, enabling him/her to accept them after having read them and ensuring that the Daringbox meets his/her needs.
The User and/or Client is/are aware of the fact that they have the ability to save or print the Terms and Conditions.
1.3. No order placed on the Site can be validated without the Client and/or User having expressly indicated his/her consent beforehand, by ticking the relevant box, demonstrating that they have read and accepted the Terms and Conditions.
1.4. By validating their order and ticking the "I accept the terms and conditions" box, the client and/or User accepts the Terms and Conditions, after having read them, without reserve. He/She therefore recognises that he/she is wholly informed and that he/she is bound by all of the provisions of the Terms and Conditions. Ticking the box is deemed to be the equivalent of the User and/or Client's handwritten signature.
1.5. Following the User's and/or Client's acceptance, the Terms and Conditions are applicable to the User and/or Client and all Daringbox orders. Any Daringbox order is subject to the Terms and Conditions applicable on the date that the order is placed.
1.6. The Seller reserves the right to modify and update the Terms and Conditions at any time and without notice, it being understood that the Client's order is regulated by the Terms and Conditions in place on the day that the order is placed.
1.7. The fact that the Seller does not invoke a clauseof the present Terms and Conditions, at a given moment, cannot be interpreted as a waiver to invoke said clause at a later date.
A Daringbox order is placed via the Internet, on the Site.
The ordering process on the Site includes, notably, the following steps:
- Selection of one or more Daringboxes on the Site;
- Following the selection, an order summary showing all the choices and total price of the Daringboxes selected, the Client's personal information, shipping costs and payment method, enabling the Client to check the order details and therefore carry out any modifications necessary before finalising the order;
- The "first click" on the "Validate my order summary" box enables the order to be accepted, as long as the Terms and Conditions have been accepted.
- The order is only definitively accepted after the last validation, which is demonstrated by a "second click" on the "Validate and register my order" box.
This "second click" corresponds to the moment at which the Client's bank details are recorded. However, the contract is only definitively concluded after the payment is authorised by the Client's bank;
Following the definitive validation of the order, the Client will receive a confirmation email with a summary of all of the elements relating to the order.
3.1. In the event that the Client is not the Beneficiary of the Daringbox, the former is invited to bring the below conditions to the Beneficiary's attention.
3.2. The photographs used in the Daringbox are not contractually binding. Any reproduction, partial or whole, is prohibited.
3.3. All Daringboxes are delivered complete and ready to use. The Seller accepts no responsibility for the products not being used within a reasonable time indicated on each of the products contained in the Daringbox (expiry date).
3.4. In view of the law N° 2009-879 of 21st July 2009, known as the "Loi Bachelot", which prohibits the sale of alcohol to minors under the age of 18, the User/Client and/or Beneficiary guarantees the Seller that, on the date that the order is placed, they are over the age of 18, by giving his/her date of birth on the order form and accepting the legal information on the sale of alcohol.
Alcohol abuse is a health hazard. Drink in moderation.
3.5. In the event of non-use, loss, theft or destruction of the Daringbox, the Client and/or Beneficiary cannot claim a refund or compensation of any kind.
3.6. The Partners selected by the Seller have declared that they are covered by professional indemnity insurance which is manifestly adequate and in possession of all authorisations allowing them to carry out their business activities in a correct manner and in compliance with applicable legal provisions and regulations.
The prices of the Daringbox shown on the Site are those that are applicable on the day that the order is placed.
Prices are shown in euros and include all taxes and shipping costs. They include VAT and shipping costs applicable on the day of the order.
Any changes in the applicable VAT rate and shipping costs may have an impact on the price of the Daringbox. The Seller reserves the right to modify its prices at any time, while guaranteeing the Client that the price in effect on the day that their order is placed shall be applied.
Payment takes places according to the following procedure detailed on the Site:
- Either by bankcard (credit or debit card, Visa, Eurocard/Mastercard). The Client enters his/her card number, expiry date as well as the security code, found on the back of the card, into the relevant boxes. The whole sum is debited from the bankcard on the day of the purchase. The Seller reserves the right to suspend any order or delivery in the event of non-payment or where a bankcard is declined by officially accredited and usual internet bodies.
- Or by PayPal or via any other payment method available on the Site under the conditions described at the time of payment. For all orders, the Daringbox shipping time is calculated from the date of receipt of payment.
The Site has an online "E-transaction" payment security system provided by Crédit Agricole enabling customers to encrypt their bank details.
In compliance with the provisions of the applicable law in the event of distance selling, the Client can return the Daringbox within fourteen (14) days of the day of receipt, without having to justify his/her reasons or pay any penalties, except for the return shipping costs.
Return shipping costs are at the Client's expense. Only Daringboxes returned within the prescribed time and in perfect condition can be refunded. Any damaged Daringboxes, or returned with missing products, will not be accepted or refunded.
The Daringboxes should be returned to the following address:
HUNGRY UP - MT PROJECT
5 rue Rochechouart
Any return carried out in compliance with the conditions of the present article shall give rise to a complete refund, minus the return shipping costs, within 30 days of the receipt of the Daringbox in perfect condition.
7.1. Daringbox availability
The Daringbox offer is valid while supplies last and is subject to the Daringbox expiry dates.
In the event of non-availability of a Daringbox, the Client shall be informed as quickly as possible and has the option of cancelling the order.
If a Daringbox is outofstock and the order cannot be honoured the Client has two options:
- Either, cancel the order. In this case they are reimbursed the whole sum paid within 30 days of their initial payment;
- Or, accept a credit note for the value of the Daringbox ordered.
Should the Client chose a credit note for the value of the Daringbox ordered, this credit note is valid for 3 months and can be used only on the Site. This credit note cannot be extended.
7.2. Delivery location
The Seller ships Daringboxes to mainland France, United Kingdom, Belgium and Luxembourg only.
The Daringboxes are delivered to the postal address provided when the order is placed. Under no circumstances can the Seller be held in any way responsible for the absence of the recipient when delivery of the Daringbox takes place or in the event of an error on the Client's part when the order is placed. It is the Client's responsibility to contact the Seller according to the conditions specified in article 10.
In the event of excessive delay, the Seller shall take action in order to monitor and regulate the transportservice problem for which they are responsible.
7.3. Shipping method and delivery time
Delivery is carried out by IMX (International Postal Distribution).
The Client receives an email confirming the dispatch of their order.
Unless otherwise stated on the Site, the Daringboxes are dispatched between the 10th and 15th every 2 months, given that for a calendar year the first shipment takes place on the 7th February. As such, the shipments over a calendar year take place between the 10th and 15th of the months of February, April, June, October, and December. In termes of the August edition, it will be dispatched between the 20th and 25th for practical reasons related to the summer holidays.
For informative purposes, the IMX (International Postal Distribution) service enables the delivery of Daringboxes across the United Kingdom mainland within 4 to 8 days of the order being dispatched.
8.1. Reservations addressed to the Seller due to damage or missing articles
Every Daringbox delivered must be subjected to a meticulous check by the Client and/or Beneficiary. In the event of partial or total damage of one of the products contained in the Daringbox and/or the Daringbox packaging, the Client and/or Beneficiary must address his/her reservations to the Seller by letter or email (email@example.com) within 72 hours of delivery of the order.
Following the complaint, the Client and/or Beneficiary is required to send one, or more, photographs to the Seller showing the damaged Daringbox Products and/or packaging.
If no reservations are expressed, the Daringbox is deemed to have been delivered in good condition and cannot be the subject of a later complaint to the Seller because of apparent defects.
In the event that reservations are expressed in compliance with the rules defined above and within the time indicated, and that the damage to the products contained in the Daringbox and/or the Daringbox packaging is not contested by the Seller, the Client and/or Beneficiary shall be entitled to a replacement of the damaged Daringbox product and/or packaging.
If the Daringbox product and/or packaging cannot be exchanged because it is outofstock, the Client and/or Beneficiary has/have two options:
- Either, he/she can accept a credit note for the value of 8 pounds,
- Or, return the Daringbox at his/her own expense and within 15 days of the Seller's notification to the Client and/or Beneficiary of the product being outofstock, and consequently requesting reimbursement of sums paid for the purchase of the Daringbox.
In the event that the Client requests that the Daringbox be reimbursed, this shall take place within 30 days of the receipt of the Daringbox returned by the Client and/or Beneficiary.
In the event that the Client chooses a 10-euro credit note, this credit note is valid for 3 months and can be used only on the Site. This credit note cannot be extended.
8.2. Complaints made in the event of an error in delivery or noncompliance of the Daringbox.
The Client and/or Beneficiary must address all complaints relating to errors in delivery and/or noncompliance of the nature of products, in view of the description featured on the order form, to the Seller by letter or email (firstname.lastname@example.org) within 72 hours of delivery of the order. Any complaint made after this time shall be rejected and no other recourse shall be possible.
8.3. Notification of reservations and complaints
All reservations and/or complaints must be addressed to the following address:
- Complaints made by post:
Daringbox Customer Service
6, rue François Dauphin,
69002 Lyon, FRANCE
- Complaints made by email: email@example.com
Any complaint made about a Daringbox which does not comply with the rules defined and the period prescribed above cannot be accepted and shall release the Seller of all responsibility vis-à-vis the Client and/or Beneficiary.
The transfer of risk takes place on the day that the Daringbox(es) is/are delivered to the Client and/or Beneficiary.
All complaints must be addressed to customer services by post or email ("contact" rubric on the Site) at the following address:
- In the event of a complaint made by post:
Daringbox Customer Service
6, rue François Dauphin,
69002 Lyon, FRANCE
- In the event of a complaint made by email: firstname.lastname@example.org
In the event of a disagreement between the Seller and the Client/Beneficiary/User, whichever party takes the initiative shall address a formal notice indicating the grievances against the other Party before referring to a court of law.
The User and/or Client is/are solely responsible for use of the Site in compliance with the Terms and Conditions.
The User and/or Client guarantees the Seller that they will not cause any damage or take any action which goes against the Seller's interests, on the basis of the violation of the Terms and Conditions and/or the right of a third party, whatever that right may be.
The Site's operation and maintenance is ensured at all times. In the event of a problem with Site optimisation and functioning, the Seller reserves the right to suspend access to the Site in order to carry out maintenance or update the Site.
The Seller cannot be held responsible to the User and/or Client for any Site modifications or suspension for maintenance purposes and no compensation shall be awarded. The Seller shall do its utmost to avoid this type of suspension within the means it has available.
The Users and/or Clients recognises that in the event of force majeure, strike, breakdown or technical problems, difficulty with the Seller's IT systems, software used by the Seller, internet connection, and in the event of suspension of access to the Site, the Parties' obligations are suspended.
Hypertext links on the Site may direct User to other websites. The Seller is not responsible for the contents or actions of these sites.
The fact that the Seller tolerates possible actions which do not comply with the present Terms and Conditions does not mean that it waives the right to invoke said Terms and Conditions.
Except in the event that its fault is apparent, the Seller can in no way be held responsible for possible direct or indirect damage caused to the User and/or Client, notably in terms of the alteration or loss of information.
In compliance with the provisions of article L.3342-1 code de la santé publique (French Public Health Code), the sale of alcoholic beverages to minors is prohibited. Offering such beverages to minors is also prohibited. As such, the User/Client and/or Beneficiary declares that they are over the age of 18 when they place the order.
The obligations indicated here are not applicable or shall be suspended in full and without compensation if their execution has become impossible due to reasons of force majeure or unforeseeable circumstances, such as those defined by precedence or for any other reasons attributable to the User, Client, Beneficiary or Partner.
Each Party must inform its co-contracting party, by any means and as quickly as possible, in the event of force majeure preventing them from carrying out all or part of their contractual obligations.
The Parties must do their utmost to prevent or reduce the risk of the effects of non-performance of contract caused by an event of force majeure. The Party wishing to invoke an event of force majeure must notify the other Party as soon as possible of when the event occurred preventing them from performing their contractual duty, and, if possible, when it can resume its duty, without which it cannot be discharged of its responsibilities.
14.1. The collection of personal data, its use for the processing of orders and the creating of a customer record is subject to the agreement of the person concerned.
In compliance with the loi informatique et libertés (French Data Protection Act) of 6th January 1978, the User and/or Client has the right to personally access, withdraw, rectify and delete his/her own personal information.
The User and/or Client can exercise this right by writing to the following address:
6, rue François Dauphin
The User and/or Client must indicate his/her surname, name and address as well as the subject of his/her request.
The Site is registered with the CNIL (French data protection authority) under the n° 1636663.
The Site is a piece of intellectual property protected by intellectual property law. The Site and each of the elements it contains (notably the trademarks, logos, text, all of the illustrations, images and logos) are the exclusive property of the Seller, who is the sole Party able to exercise the intellectual property rights.
Upon accessing the Site, the User and/or Client is granted a licence permitting the limited use of the Site's content, which is non-exclusive and for private use only.
Any reproduction, modification or use of these trademarks, illustrations, images or logos, in whole or in part, for whatever reason and on whatever device, without the Seller's prior express agreement, is strictly prohibited.
The same applies to any combinations or merging with any other trademark, symbol, logo or more generally distinctive sign intended to create a composite logo. The same applies to all intellectual property rights, images, templates and patents which belong to the Seller.
The invalidity, obsolescence, or unenforceability of all, or part, of an aforementioned provision does not lead to the invalidity of the whole of the present Terms and Conditions. The wholly or partly void, obsolete, or unenforceable provision shall be regarded as unwritten. The Seller shall substitute this provision with another which performs the same function, where possible.
The law which governs the present Terms and Conditions, and the contract made when a Daringbox is ordered, is French law for all relative disputes, notably, relating to validity, interpretation, implementation and termination. The Parties shall seek to reach a mutual agreement before proceeding to litigation.