Terms and Conditions Duralex.FR

TERMS AND CONDITIONS OF SALE DURALEX.COM

Preamble

These general terms and conditions of sale (hereinafter referred to as the "GTC") govern relations between New Duralex International, a company with capital of 4,000,000 euros headquartered in La Chapelle Saint Mesmin (45380), France, registered in the Orléans Trade and Companies Register under number RCS 892 108 663 (hereinafter referred to as "NDI") and any individual or legal entity having the status of consumer or non-professional within the meaning of French law and jurisprudence (hereinafter referred to as the "Customer") wishing to purchase Duralex brand products® (hereinafter referred to as the "Products") on the website www.duralex.com (hereinafter referred to as the "Site").

The purchase of a Product through the Site implies the Customer's unreserved acceptance 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 GCS 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 the Customer's failure to comply with an obligation of the GCS, whatever the frequency and duration, shall not constitute a waiver of the application of any clause of the GCS, nor generate any right whatsoever for the Customer. The GTS remain in full force and effect.

In particular, NDI markets Products under its Duralex brand®.

The Products offered are those shown in the catalog 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 catalog are as accurate as possible, but cannot guarantee perfect similarity with the Product offered, particularly with regard to colors.

1. Prices

The prices of Products sold on the Site are indicated by article and reference respectively. The prices shown in the catalog are inclusive of VAT in Euros, taking into account the VAT rate applicable on the date of the order; any variation in the rate may be reflected in the prices of the Products. They do not include shipping and handling charges (see article 8 shipping and handling charges).

NDI reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order is the only one applicable to the Customer.

1. Geographic zone

Products purchased via the Site can be delivered in the following countries: France, Belgium and the Netherlands

It is not possible to place an order for any delivery address outside this geographical area.

1. 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 his/her 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 any modification to said data.

The Customer will then receive an e-mail confirming the creation of his/her 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 deny 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 is accessible by the Customer by means of his identifiers, which are under his 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, who will then cancel and/or update the identifier concerned.

Safeguarding the confidentiality of the password entrusted to the Customer is the latter's sole responsibility. In this respect, the Customer is responsible for ensuring 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 you lose your password, you can request a new one through your account.

At any time, the registered Customer may decide to deactivate his/her account.

1. Orders

To place an order, the Customer must complete the following steps:

• Enter the Site address;
• Go to the product page;
• Click on "Add to Cart";

In the event of prolonged inactivity during connection, the selection of Products chosen by the Customer before this inactivity may no longer be guaranteed. The customer is then invited to restart the selection of Products from the beginning;

• Check the order details and, if necessary, identify and correct any errors, confirm the availability of a relay point if this option is chosen;
• Fill in the billing and delivery address;
• Select a delivery method (standard, relay point);
• Select a payment method;
• Confirm order, total price and all-inclusive price;
• Confirm acceptance of these General Terms and Conditions of Sale;
• Follow the instructions of the online payment server to pay the all-inclusive price.

The Customer will also receive electronically and without delay an acknowledgement of receipt confirming the order.

The Customer receives electronic confirmation that the order has been dispatched. Delivery will be made to the delivery address indicated by the Customer at the time of ordering.

During the various stages of the above-mentioned order, the Customer undertakes to comply with the GCS 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 authorization 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/she may not make an online purchase on the Site, unless under the supervision of his/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 cannot be ordered. 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 of payment

Payment of the price is due immediately upon ordering the Products.

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 credit card when the Products are ordered.

By providing his/her credit card details, the Customer authorizes NDI to debit his/her credit card for the amount corresponding to the all-inclusive price.

To this end, the Customer informs NDI 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 must provide the sixteen digits and expiry date of his/her bank card, as well as the visual cryptogram, if applicable.

If it is impossible to debit the full price, the sale is immediately cancelled 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 effective receipt of the full price in principal, interest and accessories under the conditions provided for in articles 2367 to 2372 of the French Civil Code. Non-payment of any instalment or part of the price may result in the Products 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, 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 access to the Products in their entirety, unless he/she incurs his/her own liability.

4. Shipping 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 selected, the total value of the order and the delivery service chosen by the Customer.

Delivery times run from the date of order confirmation by NDI. If these delivery times exceed thirty days from the date of order, the sales contract may be cancelled and the Customer reimbursed.

Delivery will be made within the times indicated below. In the event of NDI's partner being out of stock, 15 days will be added to the delivery times below.

Shipping costs for delivery are as follows:

Home delivery :

• 7.50€ for orders under 89€ incl. VAT
• Free for orders over 89€ incl. VAT

Relay point delivery :

• 5.99€ for orders under 89€ incl. VAT
• Free for orders over 89€ incl. VAT

Average delivery times for items available in stock are 2 to 5 working days for home delivery and 3 to 5 working days for point relais delivery. 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 conventional logistics service provider. The customer will then be informed by e-mail to arrange a delivery date. No additional costs will be charged.

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 the communication of 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 he/she deems necessary, or even to refuse the parcel if it is obviously damaged on delivery.

5. Withdrawal

5.1 Exercising the right of retraction

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 justify his reasons or pay any penalties.

To exercise his right of withdrawal and before returning the product concerned, the Customer must make his request for return via the returns procedure available at the bottom of the site page or via his customer account or by sending an email to the following address: support@duralex.zendesk.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 return slip for optimum management. The said Products must be correctly packaged and protected, and 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 reimburse Products for which the right of withdrawal has been exercised as soon as possible and at the latest within fourteen (14) days following the date on which it was informed by the Customer of the wish to withdraw. The refund date may be postponed until NDI has recovered the Product 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 its partner stores. NDI will not be obliged to reimburse any additional costs resulting from the Customer's choice to use a more expensive delivery method than the standard delivery method offered by NDI.

5.2 Exception to the right of withdrawal

The Customer shall have no right to reimbursement or cancellation of the order for Products that have been personalized or custom-made (hereinafter referred to as "Personalized Products"), except in the cases provided for in article 10 of the General Terms and Conditions of Sale. These Customized Products include Products manufactured in accordance with the Customer's instructions, including but not limited to: the material chosen, the color, the design, or any other quality or function specified by the Customer. The right of withdrawal cannot be exercised for Customized Products in accordance with article L. 221-28 3° of the French Consumer Code.

6. Warranty

6.1 Legal warranties

6.1.1 Warranty of conformity

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 good conforms to the contract:

1° If it is fit for the use normally expected of similar goods and, where applicable :

• if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
• if it has the qualities that a buyer may legitimately expect in view of 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 warranty of conformity, the Customer:

(i) has a period of two (2) years from the date of delivery of the goods in which to take action;

(ii) may choose between repair or replacement of the good, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code;

(iii) is exempted from proving the existence of the lack of conformity of the good during the twenty-four (24) months following delivery of the good.

The legal warranty of conformity applies independently of any commercial warranty 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 using the contact form, explaining the alleged non-conformity.

The warranty does not apply in the event of :

• abnormal or non-conforming use of the products (inappropriate use, abuse, negligence, etc.). Please refer to the instructions for use of the products purchased.
• natural wear and tear.

This legal warranty applies independently of the contractual warranties set out in article 10.2 of these General Terms and Conditions.

For warranty conditions and advice on the use of Products, the Customer may refer to the characteristics of each Product manufactured by NDI that the Customer wishes to purchase.

6.1.2 Warranty against hidden defects

In accordance with Article 1641 of the French Civil Code, NDI is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which the Customer intended it, or which so diminish this use that the Customer would not have acquired it, or would have given only a lesser price for it, if he had known 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 warranty against latent defects of the item sold within the meaning of article 1641 of the French Civil Code, and in this case 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 French Consumer Code, any consumer dispute or litigation, subject to article L. 612-2 of the French Consumer Code, may be amicably settled by mediation with the consumer mediator appointed by NDI: CMAP, Centre de Médiation et d'Arbitrage de Paris. This request for mediation is only possible if the Customer has previously brought his complaint to the attention of NDI via the Site contact form, 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 Nous saisir en médiation de la consommation - Site CMAP, or
• send their request by ordinary or registered post to the following address New Duralex International- Direction financière - 7, rue du Petit Bois 45380 La Chapelle Saint-Mesmin.

In order to be processed 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 succinct statement of the facts, and 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. Responsibility

NDI, in the online sales process, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service or other involuntary problems.

The Customer is solely responsible for the choice of products, their storage and use. The Customer must make normal use of the product.

NDI cannot be held responsible 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 shall 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 the supplier being out of stock. In addition, NDI shall not be held liable in the event of minor differences between the photos presenting the items and the texts displayed on the Site, and the products delivered.

NDI uses all means at its disposal to provide the services covered by the GTC. 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 authorized to reproduce, exploit, rebroadcast 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 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

The present online sales conditions are subject to French law.

Any dispute arising out of or in connection with a sale subject to these GCS shall be settled in accordance with French law and the courts shall have jurisdiction in accordance with common law.

9. AGEC law

NDI, subject to the principle of Extended Producer Responsibility (EPR), is identified by the AGEC law under the unique number : FR217489_01TLIQ