Terms and Conditions
Definitions
These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by the Individual Enterprise DOUFLY HOME by JOACHIM Ingrid having its registered office located at [address],
registered in the Toulouse trade and companies register under number [SIREN number] (hereinafter
after the “Seller”).
The following terms and expressions have the following definitions for the purposes hereof:
- Customer or Customers: any person purchasing Products on the Site having the quality
of Consumer or non-professional buyer;
- Consumer: a natural person who acts for purposes that do not fall within the
within the framework of his professional activity;
- Site: online sales website used by the Seller for marketing
of its Products and available at the following URL address:www.douflyhome.com ;
- Product or Products: movable goods offered for sale on the Site by the Seller.
Article 1 – Application and enforceability of the T&Cs
These General Terms and Conditions apply, without restriction or reservation, to all sales of
Products concluded by the Seller with Customers having the status of Consumer or
of non-professional buyers on the Site.
The General Terms and Conditions are exclusively applicable to products delivered to consumers established in
France and/or in a member country of the European Union.
The General Terms and Conditions are made available to Customers on the Site where they are directly
available for consultation and can also be communicated to them upon simple request by
telephone, email or postal mail.
The fact that a Customer orders on the Site implies full and binding acceptance and
full acceptance of these General Terms and Conditions and obligation to pay for the Products ordered, which is
expressly recognized by the Client, who waives, in particular, the right to claim any
contradictory document, which would be unenforceable against the Seller.
These T&Cs may be subject to subsequent modifications, the version applicable to the purchase of the
Customer is that in force on the Site on the date the order is placed.
Article 2 – Creation of a customer account
To place an order on the Site, it is up to the Customer to first create and
a free customer account on the Site.
When creating his account, the Client undertakes to provide accurate and
sincere about his situation, as well as to proceed before each new order to a
regular verification of data concerning him, and to carry out, where appropriate, the
necessary modifications.
Creating a customer account requires the Customer to choose a username and password.
confidential password. This information is personal, confidential and non-transferable.
The Seller reserves the discretionary right to refuse or invalidate the registration of a
Customer whose information turns out to be inaccurate.
The Seller may not, in any event, be held responsible for any use
fraudulent or abnormal use of the Client's identification elements.
The rules applicable to the collection of the Client's personal data and the rights of this
the latter are detailed in the Seller's privacy policy.
Article 3 – Order and purchase
It is up to the Customer to select the Products they wish to order on the Site, then
validate the order, then finally confirm it and proceed to payment.
The contractual information is presented in French and is subject to a
confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the Site, within the limits of
available stocks.
The photographs and graphics presented on the Site are not contractual and do not
could not engage the liability of the Seller.
The products offered for sale are accompanied by detailed descriptive sheets. The seller cannot be held responsible for any visual difference that does not affect the essential characteristics of the product.
The sale will only be considered final after confirmation has been sent to the Customer.
of the acceptance of the order by the Seller by email and after
collection by the latter of the full price.
The Customer has the possibility to check the details of his order, its total price and to correct
possible errors before confirming its acceptance. This validation involves
acceptance of all of these General Terms and Conditions and constitute proof of the contract of
sale.
It is therefore up to the Customer to check the accuracy of the order and to report
immediately any errors.
Any order placed on the Site constitutes the formation of a contract concluded remotely.
between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with
in which there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the Site.
Unless proven otherwise, the data recorded in the Seller's computer system
constitute proof of all transactions concluded with the Client.
Article 4 – Prices and payment terms
The Products are provided at the prices in effect appearing on the Site at the time of registration.
the order by the Seller. Prices are expressed in Euros, excluding tax (HT) and all taxes
Included (TTC).
The prices take into account any reductions that may be granted by the Seller.
on the Site.
These rates are firm and not subject to revision during their period of validity, as indicated on
the Site, the Seller reserving the right, outside this period of validity, to modify the prices at
at any time. They do not include handling, shipping, transportation and
delivery, which are charged extra, under the conditions indicated on the Site and
calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The price is payable in cash, in full on the day the order is placed by the
Customer, by secure payment, according to the following terms:
-By bank cards: Visa, MasterCard, American Express, other credit cards;
-By Paypal.
Payment data is exchanged in encrypted mode.
Article 5 – Transfer of ownership and transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only be carried out
only after full payment of the price by the latter, and this whatever the delivery date
of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of
loss and deterioration relating thereto, will only be made at the time the Customer takes
physical possession of the Products. The Products therefore travel at the risk of the
Seller.
Article 6 – Delivery
The Customer chooses one of the Delivery methods offered on the Site when carrying out the order
the order.
The Customer chooses a delivery address. The Customer is solely responsible for any failure to deliver
due to lack of indication when ordering.
The amount of the delivery costs depends on the amount of the order and the delivery method.
chosen by the Customer. In any event, the amount of the delivery costs is indicated to the Customer
before confirming the order.
Delivery times are available on the Site and may vary depending on availability.
of the Products which were the subject of the order.
Delivery times are in working days and correspond to average delivery times.
preparation and delivery of the order.
Delivery times run from the date of confirmation of the order by the
Seller.
In the event of a delay in delivery, the order is not cancelled.
The Seller informs the Customer by email that delivery will be delayed.
The Customer may then decide to cancel the order and will send the Seller a notice by email.
cancellation of the order.
In the event that the order has not yet been shipped upon receipt by the Seller of
the Customer's notice of cancellation, delivery is blocked and the Customer is reimbursed for the amounts
possibly debited within fourteen days following receipt of the cancellation notice.
In the event that the order has already been shipped when the Seller receives the notice
cancellation by the Customer, the Customer may still cancel the order by refusing the package. The Seller
will then proceed to reimburse the amounts debited and the return costs incurred by the
Customer within fourteen days of receipt of the return of the complete refused package and
in its original condition.
The Customer can follow the progress of the order processing in their customer area.
The Customer is required to check the condition of the packaging and the Products upon delivery.
It is up to the Customer to issue the reservations and complaints that he deems necessary, or even to
refuse the package, when the package is clearly damaged upon delivery.
The Customer must ensure that the Products delivered to him correspond to the order.
cases of non-conformity of the Products in nature or in quality with the specifications mentioned in
the delivery note, the Customer must inform the Seller by email and return the
Products to the following address: [specify return postal address].
Article 7 – Right of withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen
days from receipt of the Products to exercise his right of withdrawal with the
Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or
refund, provided that the Products are returned in their original packaging
and in perfect condition within fourteen days following notification to the Seller of the decision to
Customer withdrawal.
Returns must be made in their original condition and complete (packaging, accessories,
notice...) allowing them to be put back on the market in new condition, accompanied by the invoice
purchase.
Damaged, soiled or incomplete Products will not be accepted.
Products personalized with a first name, nickname, phrases or other will not be returned or exchanged.
The right of withdrawal can be exercised online, using the withdrawal form
available in Appendix I of these General Terms and Conditions, in which case an acknowledgement of receipt on a
durable support will be immediately communicated to the Customer by the Seller, or any
another unambiguous statement expressing the desire to retract.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the
Products purchased and delivery costs are refunded; return costs remaining at the
charge of the Customer.
The exchange, subject to availability, or the refund will be made within a period
fourteen days from receipt by the Seller of the Products returned by the
Customer under the conditions provided for in this article.
Article 8 – Product warranty
The Products sold on the Site comply with the regulations in force in France and
have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without payment
complementary, regardless of the right of withdrawal, in accordance with the provisions
legal:
-Of the legal guarantee of conformity, for Products which are apparently defective, damaged
or damaged or not corresponding to the order;
-The legal guarantee against hidden defects arising from a material defect,
design or manufacturing affecting the delivered products and making them unfit for
the use,
under the conditions and according to the terms referred to in the box below and defined in
Appendix II of these presents.
It is recalled that within the framework of the legal guarantee of conformity, the Customer benefits from a
period of two years from delivery of the goods to take action against the Seller;
may choose between repair or replacement of the Product ordered, subject to the
cost conditions provided for by article L 217-9 of the Consumer Code; it is exempt
to provide proof of the existence of the lack of conformity of the Product during the six months
following delivery of the Product. This period is extended to 24 months from March 18, 2016,
except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee.
which may possibly cover the Product. The Customer may decide to implement the
warranty against hidden defects Product in accordance with article 1641 of the Civil Code;
in this case, he can choose between the resolution of the sale or a reduction in the sale price
in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-
conformity of the Products within a maximum period of 10 days from delivery of the
Products or the existence of hidden defects within the time limits referred to above and return or
return the defective Products to the store in the condition in which they were received with
all elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair the Products or parts under warranty.
deemed non-compliant or defective.
Shipping costs will be refunded based on the rate charged and return costs will be
reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made within
as soon as possible and at the latest within 14 days following the Seller's observation
of lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account.
Article 9 – Liability
The Seller cannot be held liable in the event of non-performance or
poor performance of the contract due either to the Client's actions or to insurmountable and
unforeseeable event of a third party to the contract, or force majeure.
In any event, the Seller shall not be held liable in the following cases:
following:
-Non-compliance with the legislation of the country in which the products are delivered, which belongs
for the Customer to check;
-In case of misuse, use for professional purposes, negligence or
lack of maintenance on the part of the Customer, as in the case of normal wear and tear of the Product,
accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or
reimbursement of non-compliant or defective Products.
Article 10 – Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by the
French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is
likely to constitute an offence of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights in the
photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the
request of the Client) with a view to providing the services to the Client. The Client therefore prohibits itself
any reproduction or exploitation of said studies, designs, models and prototypes, etc., without
the express, written and prior authorization of the Seller who may make it conditional on a
financial compensation.
Article 11 – Independence of clauses
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions.
The temporary or permanent non-application of one or more clauses of the General Terms and Conditions by the
professional seller cannot be considered as a waiver on his part of the other clauses of the General Terms and Conditions
which continue to produce their effects.
Article 12 – Applicable law
These General Terms and Conditions and the operations resulting from them are governed by and subject to the law
French.
Article 13 – Customer Service / Mediation
In the event of a dispute, you must first contact the company's customer service by email contact@douflyhome.com or by post to [postal address to which the consumer can send any complaints].
In the event of failure of the complaint request to the consumer service or in
If there is no response from this service within two months, the consumer may
submit the dispute relating to the purchase order or to these General Terms and Conditions to the opposing party
Seller to a mediator who will attempt, with complete independence and impartiality, to bring the
parties with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse recourse to mediation as well
that, in the event of recourse to mediation, to accept or refuse the solution proposed by the
mediator.
ANNEX I - Withdrawal form
This form must be completed and returned only if the Client wishes to
withdraw from the order placed on the website www.douflyhome.com except for exclusions or
limits to the exercise of the right of withdrawal according to the General Conditions of Sale
applicable.
For the attention of the company DOUFLY HOME, Sole proprietorship JOACHIM Ingrid with its registered office located at [address], registered in the trade and companies register
companies of under the number (SIREN number)
I hereby notify you of my withdrawal from the contract for the sale of the above-mentioned property.
designated below:
-Order from: ................................................................................
-Received on: …..................................................................................
-Order number: ................................................................
-Customer Name: ............................................................................
-Customer Address: .......................................................................
Signature of the Client (only if this form is notified on paper):
ANNEX II - Provisions relating to legal guarantees
Article L. 217-4 of the Consumer Code:
“The seller is required to deliver goods that conform to the contract and is liable for any defects in
conformity existing at the time of delivery. It is also responsible for any lack of conformity
resulting from packaging, assembly instructions or installation when this has
was placed in his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it matches the description given by the seller and has the qualities that the seller has
presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the
public statements made by the seller, the producer or his representative,
particularly in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is
suitable for any special use sought by the buyer, brought to the attention of the seller and
that the latter accepted.
Article L. 217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the
delivery of the good.
Article L. 217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee,
was granted to him during the acquisition or repair of personal property, a return to
condition covered by the warranty, any period of immobilization of at least seven days comes
be added to the remaining warranty period. This period runs from the
request for intervention by the buyer or for the provision of repair of the property in
cause, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which
make it unfit for the use for which it is intended, or which so diminish this use, that
the buyer would not have acquired it, or would have paid a lower price for it, if he had
known. »
Article 1648, paragraph 1 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”