General terms and conditions for online sales

Mainland France, Corsica and Monaco

DROUAULT
84 Rue Constant Drouault
72000 Le Mans
Tel: 02 43 43 65 65
Fax: 02 43 28 20 16
contact@drouault.net

Preamble

The conditions below are agreed upon between, on the one hand, the company DROUAULT (hereafter “the company DROUAULT” or “the Seller”) and, on the other hand, the person or persons (hereafter ‘the User” or “Users”) wishing to effect a purchase via DROUAULT’s website: www.DROUAULT.fr (hereafter “the commercial website”) for their personal needs. If the User requests overseas delivery (beyond the EU), or for any inquiry relative to the tracking of the order, he/she can contact us at the following email address: contact@dourault.net

The conditions apply only to physical, non-commercial individuals. The concerned parties agree that their relationship will be governed by this contract, with the exception of all conditions previously available on this website, and, in addition, the current usage norms in the remote-sales sector where companies have their headquarters in France.

Objective

The prevailing conditions aim to define the terms of sale between the company DROUAULT and the User, from ordering online to after-sales service, including payment and delivery. These conditions govern all necessary steps from placing the order to tracking the progress of this order between the concerned parties.

1. The Order

The User can place an order online via the DROUAULT commercial website. The order can only be saved on this website if the User has clearly identified him or herself with an entry code and a strictly personal password. All orders placed imply acceptance of prices and product descriptions on the website. The company DROUAULT is committed to fulfill the orders received on the commercial website as long as stock is available. If the company has no stock of a certain product, the company DROUAULT will inform the User and offer an available substitute product. If the User does not accept this substitute product, he/she can cancel the order by informing the company DROUAULT about the decision in writing within 48 hours after the substitute product is offered. As for the terms of the order process, the User must follow the procedure outlined on DROUAULT’s commercial site: www.drouault.net

2. Delivery

The User can choose between delivery to:

a personal home address, or
another personal address different to the billing address noted on DROUAULT’s commercial site’s order form. There is a 48/72-hour delivery delay for all products in stock. Bedding and mattress products are delivered within a maximum of 10 days. If the User is not home, the package will be delivered to an retail outlet for packages. The onus is on the User to collect it to prevent it from being returned. If the package has to be resent, it’ll be at the User’s expense. The products are, in principle, delivered within the period indicated on the commercial website as long as they are available and in stock. The delivery delay can be longer for overseas deliveries.

In addition to the price of the products, the User will pay packaging and delivery fees irrespective of the delivery option chosen by the User. The fee amounts to 13,80€.

In the case of a false statement, the User will be liable for the additional cost of the delivery. Download the return form here.

3. Terms of Payment

The User must settle payment of purchases via bank card, cheque or Paypal when finalising an order. When paying by cheque, your order will be placed on hold and the product reserved until the amount has been settled. Your package will be sent as soon as your payment has been received.
THE RATES
The price indicated in euros includes all tax. It takes into account the TVA applicable on the day of the order. These prices do not include packaging or the delivery fees mentioned above.

Any change in the applicable TVA rate can be reflected in the products’ TTC prices. In the same way, if one or several taxes or contributions, particularly environment-related, are created or modified - whether increased or decreased - this change can be reflected in the selling price of the products on DROUAULT’s commercial site. At the same time, the prices cannot be modified once the User has placed the order. The company DROUAULT does not have access to the customer’s banking information.
The General Conditions of Sales have been updated on 23 January 2014. This version applies to all orders placed since its publication on DROUAULT’s commercial site; it cancels out and replaces all previous versions.

4. Guarantees

The legal guarantee conforming to articles L217-1 and following the Consumption Code concerns defective products. In its position as the seller, the company DROUAULT is obliged to adhere to the guarantee concerning hidden flaws as set out by articles 1641 and in keeping with the Civil Code.

The clauses concerned are as follows:

Article L217-4 of French Consumption Code

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

Article L217-5 of French Consumption Code

To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable, correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model. It must have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L217-12 of French Consumption Code

The prescription of an action resulting from lack of conformity occurs two (2) years after delivery of the product.

Art. 1641 of Civil Code

The seller is liable for concealed defects that prevent the sold product from being suitable to its intended use, or that reduces this use to the point the buyer would not have acquired it, or would have demanded a lower price had he known about them.

Regarding the legal conformity guarantee (article L217-4 of the Consumption Code), the User

must initiate action resulting from fundamental defects with a period of two years after the defect has been disclosed;
can choose between repairing the defective product or having it replaced, within the cost conditions outlined in the article L22-9 of the Consumption Code;
is exempt from presenting proof of the defect during the first six months following delivery of the products. This period is extended to 24 months from 18 March 2016 and does not apply to second-hand goods.

The legal conformity guarantee is independent from all other commercial contractual guarantees.

The User can act within the guarantee against defective goods as set out in article 1641 of the Consumption Code, and, in this case, can choose between cancelling the sale or a price reduction conforming to article 1644 of the Civil Code.

5. Legal Withdrawal Rights

5.1 Terms of exercising the right to retraction

For all orders, the User has the right to withdraw without expressing a reason as outlined in the legal conditions (article L121-21 and in keeping with the Consumption Code. The period for exercising this right is 14 days, counting from the day the User, or a third party paid by you other than the transporter, takes possession of the last product of the order. In order to exercise the right to withdraw, the User must inform of the decision in a clear, unambiguous statement (for example, a letter by fax or an email). The User can use the DROUAULT company’s model form below (*), but this is not compulsory. In order to adhere to the conditions of the withdrawal period, the User must make known the decision to exercise the right to withdraw before the end of the withdrawal period.
(*)Download the return form here.

5.2 Consequences of withdrawal

If the consumer exercises his/her right of withdrawal within the withdrawal period, the DROUAULT company must reimburse all payments received from the consumer, including, if applicable, the costs of delivery, no later than 14 days from the day on which he/she is informed of the consumer’s decision to withdraw from the contract (except for the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery type offered by the company DROUAULT).
The DROUAULT company will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.

However, unless the seller has offered to collect the goods itself, it may withhold the reimbursement until it has received the goods, or until the consumer has supplied evidence of having sent back the goods.

The User must send back the goods (or hand them over to the trader or to a person authorised by the trader to receive the goods), no later than 14 days from the day on which he/she has communicated his/her decision to withdraw from the contract. The User must also bear the direct cost of returning the goods. These costs amount to a maximum of 30€ (standard packaging in keeping with the standards of La Poste postal service departing from mainland France.)

In keeping with article L121-21-8 of the Consumption Code, this right to withdraw does not apply to the following:

products personalised or made to the User’s specifications, ie. custom-made products. Custom-made products cannot be exchanged, returned or refunded;
products that have already been used and/or haven’t been returned in their original packaging (for reasons for pertaining to hygiene).

6. Signature and Proof

All website users who do not have a client number should follow the registration process to obtain a client number.

This is a personal client number. If the client number is lost or forgotten, the DROUAULT Client Services must be informed as soon as possible by written notice on the DROUAULT website at www.drouault.net or by telephone call 02 43 43 65 65. In any case, the User will be obliged to confirm a bank card number and final validation of the order as proof of the whole order conforming to the terms of the law of 13 March 2000, and will be required to pay the total sum of the payment appearing on the sales order. This validation requires the signature and express acceptance of all online activity.

However, in the case of fraudulent activity with regard to bank cards, the User is encouraged to contact DROUAULT’s Client Services as soon as this activity becomes apparent by calling 02 43 43 65 65.

7. Liability

For all stages of the order process as well as all steps following the conclusion of the contract, DROUAULT upholds the quality of obligatory effort.

In addition, DROUAULT cannot be held responsible if the execution of its services is hindered by unforeseen or insurmountable events out of its control, as in the case of force majeure as defined by the French juriprudence or French law. This includes exterior forces such as civil-authority or military intervention, riots, natural disasters, network shutdowns or public-service interruptions. Social conflict and fires are considered unforeseen and insurmountable, therefore exonerating the company DROUAULT.

Similarly, the company DROUAULT cannot be held responsible for inconveniences or inherent damage related to internet usage, particularly an interruption in service, exterior invasion or computer viruses.

8. Personal Data

The company DROUAULT reserves the right to collect data about the User, particularly through the use of cookies.

The company DROUAULT will not share Users’ identity and personal information with third parties.

In keeping with the law of 6 January 1978, the User has the right to access and rectify personal data pertaining to their person by written letter to DROUAULT 84 Rue Constant Drouault 72000 Le Mans. The company DROUAULT employs all means available to ensure privacy and security of data shared online. To ensure this, the website uses a secure SSL (Secure Socket Layer) payment gateway.

9. Intellectual Property

All elements of the DROUAULT commercial website, whether visual or audio, including the underlying technology, are protected by intellectual property rights, trademarks and patents.

They are the exclusive property of the company DROUAULT. Neither Users nor third parties can lay claim to a contract of affiliation to use these elements to conclude a sales contract. Any usage of these elements contravening this clause must be stopped immediately and the company DROUAULT must be indemnified for damages and interest.

10. General

In the case of one of the clauses in the contract being rendered null and void by a change in legislation, regulation or a justice decision, this will have no bearing on the validity and the upholding on these general conditions of sale. The sales contract entered into after placing the order cannot be altered without a written addendum signed by both parties.

11. Duration

These conditions apply as long the company DROUAULT makes its services available online and until the publication of a new version, should the need for a new version arise.

12. Evidence

Online registers, and more generally, all data saved in the information-technology systems of the company DROUAULT and its partners in reasonable secure circumstances, are considered as proof of communication, placement of orders and conclusions of payments between parties. These can serve as conclusive proof in the case of litigation.

13. Conserving and Archiving Transactions

The archiving of sales orders and invoices is conducted in a safe, reliable manner in keeping with the article 1348 of the Civil Code.

14. Language

The current general conditions and sales contracts are concluded in French.

15. Statement of Address

The parties reside at the address provided on the purchase order for the User and at the address appearing for the Seller.

16. Applicable Law and Jurisdiction

The presiding court in the case of litigation shall be determined by the application of French law pertaining to sales.

Version 23 01 2015