Duralex.com Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE DURALEX.COM
Preamble
These general terms and conditions of sale (hereinafter referred to as the "GTCS") govern the relationship between Duralex SCOP SA, a company with capital of 20300 euros whose registered office is located at La Chapelle Saint Mesmin (45380) in France, registered in the Orléans Trade and Companies Register under number RCS 931 037 998 (hereinafter referred to as "NDI") and any natural or legal person who is a consumer or non-professional within the meaning of French law and case law (hereinafter referred to as the "Customer") wishing to purchase Duralex® brand products (hereinafter referred to as the "Products") on the www.duralex.com website (hereinafter referred to as the "Site").
The purchase of a Product via the Site implies unreserved acceptance by the Customer of the GTCS.
The GTC shall prevail over any other general or special conditions not expressly approved by NDI. They do not apply to orders placed for professional purposes for which specific conditions apply.
NDI reserves the right to modify the GTC at any time. In this case, the applicable conditions will be those in force at the date of the order by the Customer.
The nullity of a contractual clause does not entail the nullity of the GCS. The fact that NDI does not require the application of one or more clauses of the GCS or tolerates non-compliance by the Customer with an obligation of the GCS, regardless of the frequency and duration thereof, shall not constitute a waiver of the application of a clause of the GCS nor generate any right whatsoever for the Customer. The GTC shall continue to apply.
In particular, NDI markets products under its Duralex® brand.
The Products offered are those shown in the catalogue published on the Site. The Customer is informed that the Products are offered while stocks last. Each Product is accompanied by a description drawn up by NDI. The photographs in the catalogue are as accurate as possible but cannot ensure perfect similarity with the Product offered, particularly with regard to colours.
- Recipes
The prices of the Products sold on the Site are indicated by article and reference respectively. The prices shown in the catalogue are inclusive of VAT in Euros and take account of the VAT rate applicable on the date of the order; any change in the rate may be reflected in the prices of the Products. They do not include shipping and handling costs (see article 8 shipping and handling costs).
NDI reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalogue on the day the order is placed is the only price applicable to the Customer.
- Geographical area
Products purchased via the Site can be delivered to the following countries: France.
It is not possible to place an order for any delivery address outside this geographical area.
- Creating an account
To place an order on the Site, Customers are advised to create an account. However, it is possible to place an order without an account in guest mode.
The Customer undertakes to provide true, accurate, up-to-date and complete information about their identity. In particular, the Customer undertakes not to create a false identity likely to mislead NDI or third parties and not to usurp the identity of another legal or natural person. The Customer undertakes to immediately update the data he/she has communicated in the event of a change in said data.
The Customer will then receive an email confirming the creation of their account.
In the event that the Customer provides information that is false, inaccurate, erroneous, out of date, incomplete, misleading or likely to mislead, NDI may, immediately and without notice or compensation, suspend or terminate the Customer's account and refuse the Customer access, temporarily or permanently, to the Site. Furthermore, NDI may not be held liable in the event of non-performance and/or partial performance of the order linked to the provision of information of this nature.
The account can be accessed by the Customer using his/her login details, which are his/her sole responsibility. The Customer undertakes to keep these secret and not to divulge them in any form whatsoever. If one of the elements of the identifier is lost or stolen, the Customer must inform NDI without delay, which will then cancel and/or update the identifier concerned.
The Customer is entirely responsible for safeguarding the confidentiality of the password entrusted to him. In this respect, it is the Customer's responsibility to ensure that, at the end of each session, he/she has effectively disconnected from the Site, in particular when accessing the Site from a public computer.
If the Customer loses their password, they can request a new password via their account.
Registered Customers may decide to deactivate their account at any time they see fit.
- Orders
In order to complete the order, the Customer must complete the following steps:
- Enter the site address ;
- Go to the Product page;
- Click on add to basket;
In the event of prolonged inactivity during connection, the selection of Products chosen by the Customer before this inactivity may no longer be guaranteed. In this case, the Customer is invited to restart his selection of Products from the beginning;
- Check the elements of the order and, if necessary, identify and correct any errors, confirm the availability of a relay point if this option is chosen;
- Enter the billing and delivery address;
- Select a delivery method (standard, relay point) ;
- Select a payment method ;
- Confirm the order, the total price and the all-inclusive price;
- Confirm your acceptance of these General Terms and Conditions of Sale;
- Follow the instructions on the online payment server to pay the all-inclusive price.
The Customer will also immediately receive an electronic acknowledgement of receipt confirming the order.
The Customer will receive electronic confirmation that the order has been dispatched. Delivery will be made to the delivery address indicated by the Customer when the order was placed.
During the various stages of the above-mentioned order, the Customer undertakes to comply with the GTCS in application of article 1366 of the French Civil Code.
The contract will be completed when the Products ordered are dispatched unless :
- NDI has not obtained authorisation for payment from the Customer;
- In accordance with article L. 121-11 of the French Consumer Code, NDI reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
NDI does not sell its Products to minors. If the Customer is under the age of 18, he or she may not make an online purchase on the Site, unless supervised by his or her parents or legal guardians.
2. Product availability
Certain Products are not available for purchase on the Site because they are marketed by other distribution networks. NDI indicates on the Product sheet if the Product is out of stock. When a Product is out of stock, it is not possible to order it. NDI cannot be more precise about the availability of Products than what is indicated on the said page or elsewhere on the Site.
3. Terms and conditions of payment
Payment of the price is due immediately when the Products are ordered.
Payments are made by credit card only (CB, Visa and Mastercard) or Paypal. It is understood that these payments will be made on a secure platform.
The transaction is debited from the Customer's bank card when the Products are ordered.
By providing their credit card details, the Customer authorises NDI to debit their credit card for the amount corresponding to the all-inclusive price.
To this end, the Customer shall state that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Customer shall provide the sixteen digits and expiry date of their bank card and, where applicable, the visual cryptogram numbers.
If it is impossible to debit the all-inclusive price, the sale is immediately cancelled by operation of law and the order cancelled.
NDI makes every effort to ensure the confidentiality and security of data transmitted on the Site.
NDI reserves ownership of the Products delivered until actual receipt of the full price in principal, interest and accessories under the conditions provided for in articles 2367 to 2372 of the Civil Code. Failure to pay any of the instalments or part of the price may result in the Products sold being reclaimed without the need for any prior formal notice.
In accordance with the provisions of article L. 216-4 of the French Consumer Code, all risk of loss or damage to the goods is transferred to the Customer at the time when the Customer, or a third party designated by the Customer, and other than the carrier proposed by NDI, takes physical possession of the Products. The Customer undertakes to inform NDI immediately of any event which deprives him/her of the availability of the Products in their entirety, unless he/she incurs his/her own liability.
4. Postage and delivery
Processing and shipping costs, which are additional to the sale price of the Product, will be notified to the Customer at the latest before the order is validated by the Customer.
Delivery times are available on the Site as indicated below. Shipping costs are calculated according to the Products chosen, the total value of the order and the delivery service chosen by the Customer.
Delivery times run from the date of confirmation of the order by NDI. If these delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer reimbursed.
Delivery will be made within the times indicated below. In the event of NDI's partner being out of stock, please allow 15 days for the product to be made available in addition to the delivery times below.
Shipping costs for delivery are as follows:
Home delivery :
- 9.90 for all orders under €89 incl. VAT
- Free for all orders over €89 including VAT
Delivery to a relay point :
- 6 for all orders under €89 including VAT
- Free for all orders over €89 including VAT
The average delivery times for items available in stock are 2 to 5 working days for home delivery and 3 to 5 working days for delivery to a relay point. The carrier will inform the Customer of the delivery date or time by email once the order has been placed.
In exceptional cases, and in order to ensure optimal delivery of orders, NDI reserves the right to use another traditional logistics service provider. The Customer will then be informed by e-mail in order to arrange a delivery date. No additional costs will be invoiced.
With the exception of deliveries to relay points, deliveries are made to the address indicated by the Customer, who remains solely responsible for any failure to deliver due to an incorrect address or insufficient information on the order.
When taking possession of the Products, the Customer must check the condition of the packaging and the Products to ensure that they are in good condition.
It is the Customer's responsibility to make any reservations or complaints they consider necessary, or even to refuse the parcel if it is clearly damaged on delivery.
5. Withdrawal
5.1 Exercising the right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt and/or availability of the Products in the case of collection, to return the Products without having to give any reason or pay any penalties.
In order to exercise their right of withdrawal and before returning the product concerned, Customers must make their request for a return using the returns procedure available at the bottom of the website page or via their customer account or by sending an email to the following address: support@duralex.com.
After confirmation by NDI of the procedures for returning Products for which the right of retraction has been exercised, these returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed in new condition, and accompanied by a copy of the returns form for optimum management. The said Products must be correctly packaged and protected, and then sent to the address indicated to the Customer in the contact form, no later than fourteen (14) days following the request for retraction.
In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, the Customer may be held liable.
The direct costs of return and the associated risks shall be borne by the Customer.
NDI will refund Products for which the right of withdrawal has been exercised as soon as possible and no later than fourteen (14) days following the date on which it was informed by the Customer of the desire to withdraw. The refund date may be postponed until the Product has been recovered by NDI or until the Customer has provided NDI with proof of shipment of the Product, whichever comes first.
NDI cannot accept refunds for Products purchased online in NDI partner shops. NDI shall not be obligated to reimburse any additional costs resulting from the Customer's choice of a delivery method that is more expensive than the standard delivery method offered by NDI.
5.2 Exception to the right of withdrawal
The Customer shall have no right to a refund or cancellation of the order for Products that have been personalised or made to measure (hereinafter referred to as "Personalised Products"), except in the cases provided for in article 10 of the GTCS. These Customised Products include Products manufactured in accordance with the Customer's instructions, including but not limited to: the material chosen, the colour, the design, or any other quality or function specified by the Customer. The right of withdrawal may not be exercised for Customised Products in accordance with article L. 221-28 3° of the French Consumer Code.
6. Guarantee
6.1 Legal guarantees
6.1.1 Conformity guarantee
In accordance with the provisions of articles L. 217-4 of the French Consumer Code, NDI undertakes to deliver goods in conformity with the contract. NDI is liable for defects in conformity existing at the time of delivery.
Article L. 217-5 of the same code states that :
« The goods conform to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the Producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. »
NDI draws the Customer's attention to the fact that this action is time-barred two years after delivery of the goods.
When acting under the legal guarantee of conformity, the Customer :
(i) has a period of two (2) years from delivery of the goods in which to take action;
(ii) may choose between repairing or replacing the good, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code ;
(iii) is exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer must ensure that the Products delivered correspond to the order.
Any request from the Customer concerning the conformity of the Products may be addressed to NDI by means of the contact form, explaining the alleged non-conformity.
The guarantee does not apply in the event of :
- abnormal or improper use of the products (inappropriate use, abuse, negligence, etc.). Refer to the instructions for use of the products purchased.
- natural wear and tear of the product.
This legal guarantee applies independently of the contractual guarantees set out in article 10.2 of these GTCS.
For the warranty conditions as well as advice on the use of the Products, the Customer may refer on the Site to the characteristics of each Product manufactured by NDI that the Customer wishes to purchase.
6.1.2 Guarantee against hidden defects
In accordance with Article 1641 of the French Civil Code, NDI is liable for any hidden defects in the goods sold which render them unfit for the use for which the Customer intended them, or which impair this use to such an extent that the Customer would not have purchased them, or would only have paid a lower price for them, had he been aware of them.
NDI draws the Customer's attention to the fact that this action is time-barred within a period of two (2) years from the discovery of the defect.
The Customer may decide to invoke the guarantee against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code, in which case he or she may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Consumer mediation
In accordance with articles L. 612-1 and R. 612-1 of the Consumer Code, any consumer dispute or litigation, subject to article L. 612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the consumer mediator appointed by NDI: CMAP, Centre de Médiation et d'Arbitrage de Paris (Paris Mediation and Arbitration Centre). This request for mediation is only possible if the Customer has previously brought his complaint to the attention of NDI using the contact form on the Site and if this complaint is less than one year old.
To submit a dispute to the mediator, the Customer must :
- fill in the form on the website Contact us in consumer mediation - CMAP website, or
- send your request by ordinary or registered post to the following address New Duralex International- Financial Department - 7, rue du Petit Bois 45380 La Chapelle Saint-Mesmin.
In order to be dealt with promptly, any request for mediation from the Customer must contain the following information: the Customer's postal, electronic and telephone contact details, an indication that the Customer is requesting mediation with "New Duralex International", specifying the latter's contact address, a brief statement of the facts, proof of prior contact with NDI.
The Customer may also submit a complaint by visiting the following link and following the prescribed instructions:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
7. Liability
In the online sales process, NDI is bound only by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, interruption of service or other involuntary problems.
The Customer is solely responsible for the choice of products, their conservation and their use. The Customer must make normal use of the product.
NDI may not be held liable in the event of non-performance or poor performance of the contract due either to the fault of the purchaser, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.
NDI undertakes to take all the care customary in the profession to implement the service offered to the Customer. Nevertheless, NDI may not be held liable in the event of delay or failure to meet its contractual obligations if the delay or failure is due to a cause beyond its control: fortuitous event or force majeure as defined by applicable law.
NDI shall not be held liable in the event of a delay due to a supplier being out of stock. In addition, NDI shall not be held liable in the event of minor differences between the photographs presenting the items and the texts displayed on the Site and the products delivered.
NDI uses all the means at its disposal to provide the services covered by the GCS. NDI is liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract between NDI and the Customer.
The limitation of liability referred to above does not apply in the event of fraud or gross negligence on the part of NDI, in the event of personal injury or liability for defective products, in the event of eviction and in the event of non-conformity (including hidden defects).
8. Intellectual property rights
All elements of the Site are and remain the exclusive intellectual property of NDI.
No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the Site, whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of NDI.
8.1 Protection of personal data
NDI's personal data protection policy applicable to Customer data may be consulted at the following address: www.duralex.com/pages/politique-confidentialite
8.2 Law applicable to disputes
These terms and conditions of online sale are governed by French law.
Any dispute arising out of or in connection with a sale subject to these GTCS shall be governed by French law and the courts shall have jurisdiction in accordance with common law.
9. AGEC Act
NDI, which is subject to the principle of Extended Producer Responsibility (EPR), is identified by the AGEC law under the unique number : FR217489_01TLIQ