The present General Terms and Conditions of Sale govern the commercial activity of ETS MARCEL DUMAS ET CIE, with a capital of 50,000.00 Euros, having its registered office at n°8 la Combe du Prieuré 07100 ANNONAY, registered with the RCS of AUBENAS (07) under number 335 420 121.
ARTICLE 1 / SCOPE OF APPLICATION
Any service provided by ETS MARCEL DUMAS ET CIE therefore implies the BUYER’s unreserved acceptance of the GTCS described below.
In accordance with Article L441-6 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the SELLER(S) supplies the BUYER(S) with all the products offered by the latter.
These General Terms and Conditions of Sale may be supplemented by any general terms and conditions of purchase established by the BUYER with respect to elements of their commercial relationship.
The SELLER may agree with the BUYER special terms and conditions of sale that deviate from the GCS.
In the event of any conflict between these GCS and the BUYER’s GCS, the GCS shall prevail and shall be drawn up by the parties. Any order of PRODUCTS implies the BUYER’S acceptance of the SELLER’S GTC and General Terms and Conditions of Use of the SELLER’s website.
The fact that the SELLER does not avail itself of one of the clauses contained in the present GCS may not be interpreted as a waiver of its right to do so at a later date.
These GTC are in force for an unlimited period, until any modifications are made by the SELLER.
ARTICLE 2 / ORDERS / PRODUCTS
ORDERS may be placed by BUYERS with the SELLER via the E-BOUTIQUE contact e-mail address (dumas.eboutique@gmail.com) on the following website: https://www.tanneriedumas.com
To obtain ADDITIONAL PHOTOS of our products, please send us a written request (either by E-MAIL or by SMS to 07 85 29 30 32).
Sales are final only after written acceptance by the SELLER (once PAYMENT has been accepted by the banking services involved). This ACCEPTANCE is materialized by the sending of an e-mail.
No minimum order amount is required by the SELLER.
If the BUYER wishes to modify his order, his request will only be taken into consideration if it is received in writing by the SELLER before the merchandise is shipped and if it is expressly accepted by the SELLER (again in writing).
The BUYER must accept that EACH SKIN is unique. Consequently, the PRODUCT received by the latter may differ from the PRODUCT shown in the photo on the site.
THE SELLER informs THE PURCHASER that on all FITTING ITEMS (from the RUGS, CUSHIONS, SEATS and PILGRIMS section), THE FITTING TIME may extend to 2 MONTHS), THE PURCHASER is entitled to request an approximation of the FITTING TIME before placing his order.
All tinted PRODUCTS offered may be slightly damaged over time by excessive exposure to the sun, and the BUYER is advised to take this into account.
As regards the MAINTENANCE of the PRODUCTS offered by the SELLER, the BUYER must contact the CUSTOMER SERVICE department in the event of any doubt or question relating to the cleaning of an item.
ARTICLE 3 / PRICES
The PRODUCTS are supplied at the prices in effect on the day the order is placed or in the specific commercial proposal that may be sent to the BUYER. Prices include all taxes, ex works.
The VAT applicable is the VAT in force on the day the order is placed. Any change in the rate may be reflected in the price of the PRODUCTS at a later date.
Any taxes, duties or other charges payable under French regulations or those of an importing or transit country shall be borne by the BUYER.
To request a DISCOUNT (exceptional discount), the BUYER must contact the SELLER at least 48H before placing the order on the E-BOUTIQUE. THE SELLER must give an answer within the same time limit (48 hours) as to whether or not to ACCEPT a promotion. NO DISCOUNT will be available before a minimum order of 500€.
ARTICLE 4 / PAYMENT TERMS
For any order, the BUYER will proceed to the payment of the price of the chosen PRODUCT(S) by Credit Card (online).
In the event of unaccepted payment, the SELLER will suspend all outstanding orders from this BUYER, without prejudice to any other course of action. In this case, THE SELLER will contact the BUYER to agree on another means of payment.
The price is payable in cash, in full, on the last day of performance of the contract, including delivery of the PRODUCTS, in accordance with the terms of the article DELIVERY, and completion of any SERVICES.
The flat rate for metropolitan France is €10. For all OTHER DESTINATIONS, the BUYER will be informed during the validation of his CART BEFORE his payment.
ARTICLE 5 / CANCELLATION
In the event that the BUYER wishes to cancel his ORDER, he has a maximum period of 24H from the TIME at which the ORDER was placed on the E-BOUTIQUE.
In any event, CANCELLATION of the order does NOT entitle the SELLER to a REFUND once payment has been accepted.
ARTICLE 6 / DELIVERY
DELIVERY is carried out in accordance with the ORDER placed by the BUYER, either by direct delivery of the products to the BUYER (at the address of the company’s head office located at n°8 La Combe du Prieuré in ANNONAY-07100), or by TRANSPORTER (ask for details if necessary from your correspondent (by e-mail) as the TRANSPORT company will be different depending on the place of delivery and the size of the package).
The PRODUCTS are made available to the BUYER within a maximum of 7 working days from the e-mail confirming the order from the SELLER (within the LIMIT OF AVAILABLE STOCKS).
This deadline is given as an indication only and is in no way guaranteed; consequently, any reasonable delay will not give rise to the BUYER’s right to claim damages or to cancel the ORDER.
ARTICLE 7 / RETURNS
PRODUCT returns by the BUYER must be formally agreed with the SELLER (in writing, to the E-BOUTIQUE contact e-mail address), and any PRODUCT returned to the SELLER without its agreement will not give rise to the establishment of any credit.
COSTS and risks related to the RETURN are the sole responsibility of the BUYER in the event that the SELLER has not made an error on the item(s) sent.
No RETURN will be accepted after 7 working days following the date on which the BUYER took possession of the PRODUCT. The PRODUCTS must be returned to the SELLER in the condition in which they were when the BUYER took possession of them. This is why it is IMPORTANT for the BUYER to make a handwritten RESERVE TO THE CARRIER on the delivery note in the event of an anomaly (with supporting photos).
All returns and trade-ins accepted by the SELLER will result in the granting of a VOUCHER or EXCHANGE to the BUYER. NO REFUNDS will be made to the BUYER.
If the expiry date has passed, the parcel will be returned to us. The BUYER will then have to pay the DELIVERY charges again. If, for the same parcel, the same thing happens a second time, and the product(s) return(s) to OUR PREMISES for the same reason, it will be put back on sale by the SELLER and will not be reimbursed.
ARTICLE 8 / PACKAGING
PACKAGING bearing the SELLER’S trademark and/or company name may only be used for PRODUCTS and under no circumstances for products other than those of the SELLER.
ARTICLE 9 / TRANSFER OF OWNERSHIP
The transfer of OWNERSHIP and risk in the PRODUCTS occurs when the BUYER takes possession of them. The SELLER therefore remains the sole owner of the PRODUCT and bears all risks relating thereto until the BUYER takes possession of the PRODUCT upon receipt of the ORDER by the carrier.
ARTICLE 10 / LIABILITY AND WARRANTY
BUYERS benefit from the legal GUARANTEE against eviction and hidden defects.
No additional contractual WARRANTY is provided for the benefit of the BUYER. The latter may only avail itself of the legal GUARANTEES stipulated above.
No WARRANTY shall apply in the absence of full payment of the sums owed by the BUYER to the SELLER.
Each party will be RESPONSIBLE for any damage it may cause to the other party in the performance of these GCS.
ARTICLE 11 / APPLICABLE LAW / DISPUTES / CLAIMS HANDLING / MEDIATION
This contract is governed by French law. The language of this contract is French. In the event of a dispute, the French courts shall have exclusive jurisdiction.
If you have a complaint, please contact customer service on 07 85 29 30 32 and/or by e-mail at dumas.eboutique@gmail.com.
Any dispute arising from the formation, interpretation or performance of the present contract will be subject to the exclusive jurisdiction of the courts of Aubenas, even in the event of multiple defendants or the introduction of third parties.
In the event of any difficulty arising in connection with the order or delivery of items sold on the SITE, the CLIENT shall first contact MARCEL DUMAS ET CIE to seek an amicable solution.
Notwithstanding the foregoing, in the event of a dispute, in accordance with regulation no. 44/2001 of December 22, 2000 :
-The CLIENT may bring the matter either before the court of his place of residence or before the French courts.
– Ets Marcel DUMAS et Cie may bring the matter before the court of the place where the CLIENT is domiciled.
