General terms and conditions of sale
ARTICLE 1 - SCOPE OF APPLICATION
These general terms and conditions of online sale (hereinafter referred to as "GTCS") are concluded between :
On the one hand, the company MAISON DAUCOURT, Limited Liability Company, with a capital of 39 331,45 Euros, registered at the RCS of Angoulême (16) under the number SIRET 40915511600034 with its registered office at 24 rue des Bosquets, 16000 Angoulême.
On the other hand, any consumer making an online purchase on the Maison DAUCOURT website, namely www.daucourt.com (hereinafter the "CUSTOMER").
The General Terms and Conditions apply exclusively to natural persons who are non-trading consumers, acting to satisfy their personal needs. In this respect, the CUSTOMER declares that he/she has the capacity to enter into this contract, that he/she is of legal age and that he/she is not under any form of protection.
All orders placed by the CUSTOMER on the Maison DAUCOURT website www.daucourt.com imply the CUSTOMER's prior, express and unreserved acceptance of the GTCS, to the exclusion of any other document that contradicts these GTCS.
The GTCS may be modified at any time by MAISON DAUCOURT. The GTCS applicable to all orders placed on the Website will be those in force on the day of the order.
The headings of the articles in the GTCS are given for information only. They will be declared non-existent in the event of any problem of interpretation of the titles or clauses of the GTCS.
If any provision of these General Terms and Conditions is found to be invalid by a competent court, it will be expressly deleted. However, this removal will not affect the validity of the other provisions of the T&Cs.
The fact that MAISON DAUCOURT does not take advantage, at a given time of any of the GTCS can not be interpreted as a waiver to take advantage later of any of these conditions.
ARTICLE 2 - OFFER
2.1 In accordance with article L. 111-1 of the French Consumer Code, the products for sale on the Website as well as their essential characteristics are presented by MAISON DAUCOURT in the form of technical data sheets.
2.2 For any question relating to the products offered on the website, the CLIENT may contact the customer service department in accordance with article 9 of the GTCS.
ARTICLE 3 - ORDERING
3.1 The CUSTOMER may place an order :
- Directly on the website only.
- MAISON DAUCOURT does not validate or take orders by telephone.
3.2 When ordering for the first time via the Website, the CUSTOMER will have to fill in his e-mail address in order to open a customer account. The CLIENT must then complete an electronic form. This information is essential for the processing and delivery of orders and the preparation of invoices.
Orders can be placed and registered on the Website if the CLIENT has identified himself by entering his e-mail address and password.
If the information provided by the CLIENT is insufficient or incomplete, the order will not be validated.
3.3 Any order placed implies acceptance of the prices and descriptions of the products.
All orders will only be considered definitive upon full and effective payment of the sums due.
A written confirmation of order will be sent to the CLIENT by e-mail with an order number.
The confirmation of the order and all data recorded by MAISON DAUCOURT constitute proof of transactions. MAISON DAUCOURT reserves the right to cancel any order from a CUSTOMER with whom MAISON DAUCOURT has had a dispute concerning the payment of a previous order or any order with abnormal conditions and / or which do not comply with the terms of the GTCS.
The company MAISON DAUCOURT also reserves the right to request proof of identity and / or proof of address for any order placed on the Website. This information will always remain confidential within the company MAISON DAUCOURT.
3.4 Out-of-stock items or awaiting restocking are indicated on the product sheet presented on the Website. The CLIENT will not be able to select the product concerned and add it to his order.
If a product is temporarily and exceptionally out of stock, MAISON DAUCOURT will inform the CLIENT by e-mail or telephone and reimburse the CLIENT if necessary.
In the absence of response from the CLIENT, the order validated on the Website by the CLIENT containing one or more products out of stock will be put on hold in its entirety until receipt of products by the company DAUCOURT.
In the event that the CLIENT wishes to be reimbursed for a product that is out of stock, MAISON DAUCOURT will reimburse the CLIENT within fifteen (15) days in accordance with the conditions established in the GTCS.
ARTICLE 4 - PRICES
4.1 The price of each product indicated on the Website is expressed in Euros, all taxes included.
All prices indicated in Euros on the website are only valid in the countries selected on the website.
Prices do not include shipping costs, which are automatically calculated when the order is finalized according to weight and destination.
4.2 The invoice corresponding to the CUSTOMER's order is available on the Website in his customer area via his order details.
4.3 The invoice will include French VAT.
All prices are subject to obvious typographical errors. Should an obvious typographical error occur, MAISON DAUCOURT will inform the CLIENT that the order will be invoiced at the rate corrected by the obvious typographical error.
The CLIENT will have the option to accept the order under the corrected conditions or to cancel the order.
4.4 MAISON DAUCOURT reserves the right to modify the prices displayed on the Website. Prices shown online are subject to change at any time without notice.
However, the modification of product prices cannot be taken into account on an order already validated by a CLIENT. The prices in force at the time the order is validated by the CLIENT are authoritative.
ARTICLE 5 - PAYMENT TERMS
All purchases on the Site are payable in full at the time of order.
Payment is made by credit card
XXXX Bank
IBAN : FRXX XXXX XXXX XXXX XXXX XXXX XXXX
BIC : XXXXXXXX
Any bank charges levied by the CLIENT's bank remain the CLIENT's responsibility.
The CLIENT will credit MAISON DAUCOURT's account with the sum corresponding to the total amount to be paid, specifying the name and number of the order.
An order is shipped only after receipt of the full amount due. The goods remain the property of MAISON DAUCOURT until full and effective payment. This reservation of ownership does not prevent the transfer of risks that will be borne by the company MAISON DAUCOURT until the moment the CUSTOMER takes physical possession of the goods, or by a third party designated by him, other than the carrier.
ARTICLE 6 - PRODUCT DELIVERY
6.1 DAUCOURT undertakes to dispatch parcels by dropping them off at a Pickup point within 96 hours (working days) of receipt of payment. The standard shipping method is CHRONOPOST.
The CLIENT's parcel is delivered by the postal services directly to the Pickup relay indicated by the CLIENT at the time of ordering (list of relays available on www.chronopost.fr).
The recipient's digital signature, as well as its reproduction, or any other indisputable means of secure identification, constitute proof of delivery of the packages, and the parties acknowledge that this signature has a legal value identical to that of a traditional signature on paper.
Items delivered by Pickup Relays are handed over to the addressee or his representative on presentation of an identity document. The delivery time is 7 calendar days from the day of arrival at the Relais Pickup.
At the time of delivery, any damage or loss of contents must be the subject of written, precise, complete, dated and signed reservations by the recipient on the delivery slip.
Shipping is free for all orders placed in mainland France and Europe, with the exception of Corsica, hard-to-reach areas (list of hard-to-reach areas available at www.chronopost.fr), remote international areas (list of remote international areas available at www.chronopost.fr), French overseas departments and territories (DOM TOM) and French overseas territories (Territoires d'Outre-mer), for which specific shipping charges apply.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1 In accordance with article L121-21 of the French Consumer Code, the CUSTOMER has fourteen (14) clear working days from the date of delivery of his order to exercise his right of withdrawal from DAUCOURT.
If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
A standard retraction form is available in the appendix to these General Terms and Conditions of Sale.
7.2 For any refund or exchange of a product, the CLIENT must return the product within this period to the company MAISON DAUCOURT.
Said product must be returned in perfect condition, in its original packaging, to the following address: Maison DAUCOURT - 24, rue des Bosquets - 16000 ANGOULÊME.
Any product that has been damaged or opened, or more generally showing any sign of use, will be refused. Any product in a condition not suitable for resale will not be reimbursed.
MAISON DAUCOURT cannot be held responsible for the loss or deterioration of returned packages
Costs related to the return of the product are the responsibility of the CLIENT.
When returning the product, the CLIENT must enclose the invoice. DAUCOURT will exchange or reimburse the product at its purchase price, including delivery charges, within 14 (fourteen) clear days of receipt of the product.
ARTICLE 8 - WARRANTIES AND LIABILITY
Consequently, MAISON DAUCOURT cannot be held responsible for any prejudice, whatever it may be, resulting from the use of the product purchased for a professional activity.
8.4 MAISON DAUCOURT disclaims any responsibility for technical difficulties that CLIENTS may encounter on the Website, whatever the cause, origin, including the occurrence of bugs, failure to respect the integrity of information through communication networks, lack of terminal capacity to restore the information or transmission and routing within the normal time of their orders.
8.5 The products sold on the website www.daucourt.com respect the regulations in force in France. MAISON DAUCOURT cannot be held responsible in case of infringement of the regulations of another country where the products would be delivered.
8.6 The hypertext links on the website www.daucourt.com lead to other websites.
The company MAISON DAUCOURT does not exercise any right on these sites.
Consequently, MAISON DAUCOURT cannot be held responsible, for any reason whatsoever, for any content, products and/or services or any data or information available on or from external sites and/or sources, which may violate French, European or international regulations.
DAUCOURT cannot be held responsible for the non-conformity of products sold by its partners and/or any other problem of this nature.
Third party sites or partners of DAUCOURT may use hypertext links to the Site, subject to prior written acceptance by MAISON DAUCOURT.
CUSTOMERS and all users of the Maison DAUCOURT website acknowledge that MAISON DAUCOURT cannot be held responsible for these links and for the content of third-party sites providing such a link to MAISON DAUCOURT.
ARTICLE 9 - CUSTOMER SERVICE
Customer Service is at the CLIENT's disposal for any question or information relating to our services, products or the follow-up of your order.
Customer Service is there to advise and assist the CLIENT with his purchases. For any question requiring a very specific service to the CUSTOMER, our customer service department is available on 05 45 24 04 64 (price of a local call) from Monday to Friday (excluding public holidays) from 08:30 to 12:00 and 14:00 to 17:00, or by e-mail: contact@daucourt.com.
For all calls relating to the proper execution of these General Terms and Conditions of Sale or the processing of a claim, our customer service department is available on 05 45 24 04 64 (price of a local call) or by e-mail: contact@daucourt.com.
ARTICLE 10 - PROTECTION OF PERSONAL DATA - CONFIDENTIALITY
10.1 In order to comply with European and French standards for the protection of personal data and privacy, the DAUCOURT company is registered with the Commission Nationale de l'Informatique et des Libertés (CNIL).
The personal information provided by the CLIENT at the time of registration is recorded and stored securely.
10.2 The CUSTOMER has the right to access, rectify and object to any personal data concerning him/her, in accordance with the French Data Protection Act no. 78-17 of January 6, 1978.
In the event that the CLIENT wishes to modify, add or delete personal data (inaccurate, outdated, ...) recorded by the company MAISON DAUCOURT, the CLIENT must send a letter to the said company, accompanied by a photocopy of his identity card to the following address: Maison DAUCOURT - 24, rue des Bosquets - 16000 ANGOULÊME.
MAISON DAUCOURT is committed to respecting the strict confidentiality of personal information provided by the CLIENT.
ARTICLE 11 - PROTECTION OF THE WEBSITE
The Website is the exclusive property of MAISON DAUCOURT.
Consequently, the content of the Website (texts, photographs, graphic charter, etc.) constitutes works within the meaning of articles L112-1 et seq. of the French Intellectual Property Code.
As such, any partial or total reproduction of the Website and/or any of its elements is strictly forbidden without the consent of MAISON DAUCOURT. Any use of the elements of the Website must be subject to the prior written authorization of MAISON DAUCOURT.
Any use, representation or reproduction of the brand and/or logo is strictly forbidden, under penalty of prosecution, notably for counterfeiting.
If a person wishes to use the information on the website for commercial or other purposes, he/she must first inform MAISON DAUCOURT in writing (via customer service), which reserves the right to accept or refuse the request.
ARTICLE 12 - APPLICABLE LAW
The GCS are governed by French law.
In the absence of an amicable settlement, any person failing to comply with these stipulations will be held accountable before the competent French courts.
APPENDIX: SAMPLE RETRACTION FORM/LETTER
MODEL RETRACTION LETTER
Letter to be sent by registered mail with acknowledgement of receipt to the seller.
Consumer's first name and surname
Address
Postal code - City
To: Maison DAUCOURT
24 rue des Bosquets
16000 - Angoulême
At ..., on ... (date of letter)
Dear Sir/Madam
On ... (indicate date on order form), I ordered ... (item description) which you delivered (or which I received) on ... (date).
In accordance with article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.
Consequently, I would ask you to return the sum of ... euros that I paid when I placed my order, as soon as possible and within 14 days of receipt of this letter at the latest, in accordance with the provisions of article L. 221-24 of the French Consumer Code.
Please find enclosed (indicate the returned item) which I am returning to you.
Yours sincerely
Signature