General terms and conditions of sale of products sold on www.duchenri.com
Date of last update 7/08/2018
Article 1 - Purpose
These conditions govern the sales by the company DUC HENRI number SIRET 84190388300012, registered at the RCS of Bourg-en-Bresse, head office at the following address 141 square de la monnaie, 01600 Trévoux, France.
Article 2 - Prices
The prices of our products are indicated in euros all taxes included for EU, unless otherwise indicated and excluding processing and shipping costs.
In case of an order to a country other than Europe, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be due. These duties and sums are not the responsibility of DUC HENRI. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to check with your local authorities about these aspects.
All orders, regardless of their origin, are payable in euros.
DUC HENRI reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in force at the time of validation of the order and subject to availability.
The products remain the property of DUC HENRI until full payment of the price.
Attention: as soon as you take physical possession of the ordered products, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can place an order:
On the Internet: www.duchenri.com
The contractual information is presented in English and will be confirmed at the latest when your order is validated.
DUC HENRI reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received.
Article 4 - Validation of your order
Any order appearing on the www.duchenri.com website implies acceptance of these General Terms and Conditions. Any order confirmation implies your full and complete acceptance of these general terms and conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will be worth proof of the transaction.
You declare that you are fully aware of it.
The order confirmation shall be deemed to be a signature and acceptance of the operations carried out.
A summary of your order information and these General Terms and Conditions will be sent to you via the e-mail address confirming your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
The payment of your purchases is made by credit card through the secure Paypal system, or by credit card through our secured platform.
Article 6 - Withdrawal
In accordance with the provisions of Article L. 121-21 of the Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify any reasons or pay any penalty.
Returns must be made in their original and complete condition (packaging, accessories, instructions) and the product in new condition. In this context, you are liable. Any damage suffered by the product on this occasion may be of such a nature as to defeat the right of withdrawal.
The return costs are the responsibility of the BUYER.
In the event of exercise of the right of withdrawal, DUC HENRI will refund the sums paid, within 30 days of notification of your request and via the same means of payment as the one used when placing the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The supply of goods made to consumer specifications or clearly personalized.
Article 7 - Availability
Our products are offered as long as they are visible on the website www.duchenri.com and within the limits of available stocks.
In case of unavailability of the product after placing your order, we will inform you by email. Your order will be automatically cancelled and no bank charges will be made.
In addition, the www.duchenri.com website is not intended to sell its products in large quantities.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the time indicated on the order confirmation page.
In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you. The company DUC HENRI cannot be held responsible for any delays in delivery caused by the carrier.
In accordance with legal provisions, in the event of late delivery, you have the right to cancel the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product we will proceed to its refund and shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, DUC HENRI cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointments.
Article 9 - Warranty
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded.
All complaints, exchange or refund requests must be made by post or mail within 30 days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.).
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Liability
The products offered comply with current French legislation. The company DUC HENRI cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibilities of importing or using the products or services you plan to order.
In addition, DUC HENRI cannot be held liable for any damage resulting from improper use of the product purchased.
Finally, DUC HENRI cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.
Article 11 - Law applicable in the event of disputes
The language of this contract is the English language. These conditions of sale are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction.
Article 12 - Intellectual property
All the elements of the www.duchenri.com site are and remain the intellectual and exclusive property of the company DUC HENRI. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express written consent of DUC HENRI.
Article 13 - Personal data
In particular, the user is informed that, in accordance with Article 32 of the amended French Data Protection Act of 6 January 1978, the information he provides via the forms on the duchenri.com website is necessary to respond to his request and is intended for the services in charge of responding to his request for the purpose of following up on this request.
In accordance with the provisions of articles 39 and 40 of the law "Informatique et Libertés" of 6 January 1978 amended in 2004, the user has the right to access, rectify, update and delete information concerning him/her, which he/she can exercise by contacting firstname.lastname@example.org by specifying in the subject line of the letter "Droit des personnes" and attaching a copy of his/her identity document.
You also have the right to give instructions on the fate of your data after your death.
In accordance with the provisions of Article 38 of the "Informatique et Libertés" law of 6 January 1978 amended in 2004, the user may also object, for legitimate reasons, to the processing of his data and without reason and at no cost, to its use for commercial prospecting purposes.
The user is informed that during his visits to the www.duchenri.com Site, a cookie may be automatically installed on his browser software.
The information collected on this site will be kept for a period of three years.
A cookie is a block of data that does not allow users to be identified but is used to record information relating to their browsing on the site. The configuration of the browser software makes it possible to inform of the presence of a cookie and, if necessary, to refuse it in the manner described at the following address www.cnil.fr.
The user has the right to access, remove and modify personal data communicated through cookies under the conditions indicated above.
The user of the duchenri.com Website is required to comply with the provisions of the amended Data Protection Act of 6 January 1978, the violation of which is punishable by criminal penalties. In particular, he must refrain, with regard to the personal information to which he has access, from any collection, any misuse and, more generally, any act likely to infringe the privacy or reputation of individuals.
PERSONAL DATA PROCESSED
Personal data refers to data that identifies you as a natural person. We may process the following types of personal data about you:
Your contact information including your name, email address and phone number, postal address....
User information, for example, if you log in to our service or visit our websites. This information may include IP number, device type and browser, time zone, geographical location, as well as your interests and preferences, information about how you interact with our services, such as the features used and buttons clicked.
Other information we receive through your contacts
We process your personal data for the following purposes:
Provide our services in accordance with the applicable conditions
Manage the business relationship with you
Develop and improve our services
In order to provide information and offers to current or potential DUC HENRI customers on our services by selected third parties. For the avoidance of doubt, any marketing material distributed using your personal data is sent to you as a current or potential customer representative of DUC HENRI and not to you as a private person.
SHARING WITH THIRD PARTIES AND TRANSFER TO THIRD COUNTRIES
We may share personal data with third parties for the purposes explained above. For the avoidance of doubt, we will not share personal data with third parties in such a way that they use personal data for direct marketing purposes in relation to you as an individual, but only with you as a current or potential customer representative of DUC HENRI.
We may transfer personal data to a country outside the EEA, but we will then first need to obtain your consent or ensure that the transfer is legal and secure by taking other measures.
It is our obligation to deal with specific, relevant and necessary personal elements while taking into account our legitimate purposes. It is your right to control us.
To update the personal data we process about you, please contact us at email@example.com.
Article 14 - Archiving Proof
The company DUC HENRI will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the company DUC HENRI will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.