General Terms and Conditions
Dubranchet is a direct, or online seller. The Customer declares to have taken note of the following provisions before ordering any products. By choosing to purchase the products, the customer expressly and irrevocably accepts the following terms.
2. IDENTITY OF THE SELLER
Dubranchet, is a DAMOSH brand.
DAMOSH 840 028 211 RCS PARIS
Headquarters: 10 rue de Penthièvre, Paris, France.
Customer Service: contact [at] dubranchet [dot] com
3. LEGAL MAJORITY
The customer declares that he/she has the capacity to enter into this contract, whose general conditions of sale are presented hereafter, i.e. to be of legal age, and to not be under guardianship or curatorship.
4. APPLICABLE LAW
The regulations applicable to the proposed sale are those of the current applicable laws in France, of which, the Seller hereby reminds the customer of the main terms. The language used for the conclusion of the contract is French.
5. ACCESS TO THE INTERNET SITE
The Customer is personally responsible for setting-up the IT and telecommunications resources allowing access to the site www.dubranchet.com
6. PRODUCT FEATURES
In accordance with article L 111-1 of the Consumer Code, the customer may, prior to his order, be informed on the www.dubranchet.com site of the essential features of the product(s) he/she wishes to order. The Buyer selects one or more products from the different categories offered on the website www.dubranchet.com. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller. The photographs, and the graphics describing those products, are the wholly-owned property of the Seller. No image may be used either privately or for commercial purposes. In the event that a supplier modifies a product, the graphic representation of it cannot engage the responsibility of the seller or even affect the validity of the sale.
7. PRODUCT AVAILABILITY
The offers presented on the site www.dubranchet.com are valid within the limit of available stocks. For products not stored in its warehouses, the offers presented on the site www.dubranchet.com are valid subject to availability from its suppliers. In the event of a stock shortage, the Seller will contact the customer within three working days of sending the confirmation email, to suggest, depending on the Seller’s possibilities, which the customer agrees to, a new period for receipt of the product or a substitute product of equivalent quality and price, or the cancellation of the order. In the event of cancellation of the order, the customer will be refunded without delay and at the latest, within thirty days of the payment.
8. ORDER REGISTRATION
In order for the customer to return to the order before validating it definitively, the Seller has created two validation screens. To order a product, the customer first clicks on the "add to cart" button. A summary table of the customer’s "cart” appears on the screen, so that the customer checks the contents of his order. By clicking on the button "place the order", and after having checked the contents of the order in the "cart" and, if necessary, having modified it, the customer declares to fully accept without any reserves, the entirety of these General Conditions of Sale. After confirming the contents of his order, the customer will validate it definitively by paying. The order will not be definitive until the payment of the corresponding price.
9. ORDER CONFIRMATION
Once the placed order is registered, a confirmation email is sent out. By saving and/or printing this email, which the seller recommends, the customer keeps a proof of his order. Please note: this email confirms that the customer's order has been taken into account by the Seller and not that the ordered product is available.
10. PRICE, PAYMENT AND BILLING
The prices of the products are indicated in Dollars, inclusive of tax (TTC), and shipping. Payment of the full price must be made at the time of the order by the customer. At no time may the sums paid be considered as deposits or down payments. All orders are payable in Dollar. The sales prices of the products on www.dubranchet.com can be modified at any time by the Seller. This change will be reported to the customer prior to any order. The payment methods accepted are credit card via Stripe, and electronic payment via the PayPal system. The customer guarantees to the Seller that he/she has the necessary authorization to use the method of payment that he/she choses when the order is registered. The Seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or level of performance, in the event of non-payment of any amount due by the customer, or in the event of a payment incident.
11. SHIPPING FEES AND DELIVERY DEADLINES
11.1. SHIPPING FEES
The buyer has no shipping to pay. This is free, anywhere in the world.11.2. DELIVERY DEADLINES
Except in cases of force majeure, the average delivery times are, within the limits of available stocks, those indicated below. Delivery periods run from the date that the product leaves the Seller's warehouse. In the event of a delay, the Seller cannot be held liable for any reason whatsoever. Consequently, any overrun cannot give rise to damages, retention or cancellation of the order by the customer. In any event, the products ordered will be delivered within a maximum period of fourty five days from the day following the day on which the customer registered his order, subject to the full payment of the price. In the absence of delivery at the end of this period, the customer will be able to cancel his order. The sums paid by the customer will then be returned to him without delay, to the exclusion of any other compensation. In the event that the ordered product is no longer available, the provisions referred to in Article 7 shall be applied. In the event of an exchange of goods, delivery costs shall be borne by the consumer. In the event of delay in delivery compared to the date initially set, the customer will notify the Seller in writing (mail, email) to allow the latter to carry out an inquiry with the carrier. An inquiry with the carrier may take up to 21 business days. If, during this period, the product is found, it will be immediately re-routed to the place of delivery indicated in the order form. On the other hand, if the product ordered is not found after this period of 21 days of investigation, the Seller will carry out a new shipment of the products ordered by the customer.
11.3. INCORRECT DELIVERY ADDRESS
The parcels are delivered to the address known as the "delivery address". This address is mentioned and entered by the buyer when the order is registered. This address is then confirmed at the end of the order process on the summary page and then by e-mail on the order confirmation document. In the event of non-distribution of parcels for "NFTA" reasons (the recipient does not live at the indicated address), a new shipment of the order can be carried out on presentation of a proof of address within than 3 months, to the name and to the address of the addressee. Failing this, the Seller will invoice the customer again for the delivery costs corresponding to his order if the customer has requested the redirection.
12. DELIVERY AREA
The Products put up for sale by the Seller are sent from China for costs reasons, and delivered all over the world.
13. VERIFICATION OF DELIVERED PRODUCTS
The customer is obliged to check the condition of the packaging and the conformity of the delivered product. In the event that the customer has reservations about the condition or content of the package, he/she will have to refuse the goods by immediately issuing a statement of anomaly to the Carrier’s agent. Any complaint concerning the apparent defects or the non-conformity of the delivered product must be indicated by the customer, within three working days from the date of receipt of the product by the customer, by sending: - either a registered letter with acknowledgment of receipt to: Dubranchet Foltyn, 8 rue rochebrune 75011 Paris, France; – or, an e-mail to contact [at] durbanchet [dot] com. In the absence of a complaint made within the a forementioned period, the products delivered will be deemed to be in conformity and accepted by the customer. No product can be exchanged until it has been redispatched and received by the Seller, in good condition, as delivered by the Seller. In particular, the product shall not have been unsealed.
14. CANCELLATION PERIOD
The cancellation period granted to the customer on the purchase of goods, within the framework of the law, is thirty clear days, from the date of receipt of his order. During this period, the customer can return, at his own expense, without any other penalties, the product or products not suitable for him/her. The customer will then be able to choose between reimbursement of all the sums paid, that is to say the price and the delivery costs but not the costs of return which remain the responsibility of the customer. For the return of the product (s), and the exchange of the product (s) ordered. It is understood that the product(s) returned at the expense of the customer shall be in good condition, as delivered by the Seller. In particular, the product must not have been unsealed. Any product that is incomplete, damaged or damaged in its original packaging will not be refunded or exchanged. In principle, the costs of return in the case of exercising the right to cancel, are the responsibility of the customer. If the good received is damaged, the Seller will send another one to the Customer.
15. WARRANTY AND CUSTOMER SERVICE
In any event, the customer benefits from the guarantee against hidden defects: in the event of a manufacturing defect of the product rendering it unsuitable for use, the customer can contact the after-sales service of the Seller: - either by sending an email, to firstname.lastname@example.org
16. GENERAL CONDITIONS FOR REIMBURSEMENT
Any refund to the Seller will be made in the form of a refund by Credit Card, PayPal electronic. The reimbursement will be made as soon as possible, and at the latest within 30 days of the date on which the right to reimbursement has been exercised. By the very fact of receiving a refund the consumer undertakes, on his honor, not to make a complaint or opposition to his bank or similar, to the transaction relating to the refund, and undertakes not to do so within one year. The consumer acknowledges that he is aware that any breach of this obligation would expose him to retrocession of the unduly received sum, without prejudice to the damages that could be claimed by the Seller.
After a period of 5 months, the purchase is not under protection anymore, and the refund won't be possible. The customer must have asked for informations and solution within this frame time, so the team Dubranchet can find a proper solution.
17. RETENTION OF TITLE
THE SELLER EXPRESSLY RESERVES THE PROPERTY OF THE DELIVERED PRODUCTS UNTIL THE PAYMENT OF THE PRICE IN FULL IN PRINCIPAL AND IN INTERESTS. THE SIMPLE DISCOUNT OF A TITLE OF PAYMENT DOES NOT CONSTITUTE PAYMENT. THE ABOVE PROVISIONS DO NOT PRECLUDE THE TRANSFER TO THE CUSTOMER OF THE RISK OF LOSS OR DETERIORATION. In the absence of full payment, the Seller shall be entitled to demand the return of the goods delivered. The costs that may be incurred for this refund will be borne by the customer.
The Seller disclaims its liability in the event of a breach of its contractual obligations in case of force majeure or fortuitous event, including, but not limited to, natural disasters, fires, internal or external strikes, internal or external failures, and in general, any event that does not allow the proper execution of orders. The Seller also waives its liability if the non-performance or poor performance of the contract is attributable either to the customer or to the unpredictable and insurmountable fact of a third party to the contract.
19. ENTIRE AGREEMENT
These general terms and conditions and the related sections represent the full rights and obligations of the parties concerning the ordering of products on the Internet. No general or specific conditions communicated by the customer can be integrated into these General Terms of Sale.
20. IT AND INDIVIDUAL FREEDOM
The information collected by the Seller on any order from the customer is necessary for the management of his order by the Seller and his business partners. In accordance with the IT and Individual Freedom Act n° 78-17 dated 6 January 1978, the customer has a right of access, rectification, opposition and suppression of data concerning him/her to the Seller. The customer may receive offers from the Seller. If the customer does not wish to receive these proposals, he/she can inform the Seller by email at email@example.com.