ARTICLE 1 - SELLER IDENTIFICATION
The website www.maison-douineau.com is published and operated by:
BDF DOUINEAU SAS, operating under the trade name Maison Douineau,
French simplified joint-stock company (Société par actions simplifiée) with share capital of EUR 80,020,
Registered with the Nantes Trade and Companies Register under number 381 166 768,
Registered office SIRET: 381 166 768 00030,
Intra-Community VAT number: FR 05 381 166 768,
Registered office: 3 chemin du Rotin, 44450 Divatte-sur-Loire, France.
Telephone: +33 (0)2 40 03 68 50
Email: contact@maison-douineau.com
Website: www.maison-douineau.com
For the purposes of these Terms and Conditions of Sale, “Maison Douineau” refers to the trade name under which BDF DOUINEAU SAS markets its products.
ARTICLE 2 - SCOPE OF APPLICATION
These Terms and Conditions of Sale apply to all orders placed on the website www.maison-douineau.com, as well as to any order accepted by Maison Douineau by any other written means, unless specific conditions have been expressly accepted in writing.
Any order implies full and unconditional acceptance of these Terms and Conditions of Sale by the customer.
The customer acknowledges having read these Terms and Conditions of Sale before validating the order.
Maison Douineau reserves the right to amend these Terms and Conditions of Sale at any time. The applicable conditions are those in force on the date the order is validated by the customer.
ARTICLE 3 - PRODUCTS
Maison Douineau presents the essential characteristics of the products offered for sale on its website.
Before placing any order, the customer is invited to review the information relating to product dimensions, materials, colours, uses, conditions of use and precautions for use.
Photographs, illustrations and visuals shown on the website are provided for information only. Maison Douineau endeavours to present the products as faithfully as possible. However, differences in perception, particularly in colour, texture, shape or finish, may exist depending on screens, production batches or the natural materials used.
Where products are made from natural materials, the customer acknowledges that variations in appearance, shade, dimensions or finish may occur and do not necessarily constitute a lack of conformity.
ARTICLE 4 - PRICES
Prices shown on the website are expressed in euros.
For consumer customers, prices are indicated inclusive of all taxes, excluding delivery costs, unless otherwise stated.
For professional customers, prices may be indicated exclusive of tax or inclusive of all taxes depending on the commercial materials used.
Delivery costs are indicated to the customer before final validation of the order.
Maison Douineau reserves the right to change its prices at any time. The applicable price is the price displayed at the time the order is validated, subject to manifest error.
In the event of a manifest pricing error, Maison Douineau reserves the right to cancel the order and inform the customer as soon as possible.
ARTICLE 5 - ORDER
The customer may place an order on the website www.maison-douineau.com or by any other means accepted by Maison Douineau.
When placing an order, the customer undertakes to provide accurate, complete and up-to-date information, including surname, first name or company name, delivery address, billing address, telephone number and email address.
Maison Douineau shall not be held liable for any delay or inability to deliver resulting from inaccurate or incomplete information provided by the customer.
The order becomes final after validation by the customer, acceptance of these Terms and Conditions of Sale and effective payment, unless specific conditions have been agreed in writing.
Maison Douineau reserves the right to refuse or cancel any order in the event of an ongoing dispute with the customer, an anomaly in the order, suspected fraud, product unavailability or a serious difficulty relating to payment.
ARTICLE 6 - CUSTOMER ACCOUNT
The creation of a customer account may be offered in order to facilitate order tracking and future orders.
The customer is responsible for keeping their login details and passwords confidential. Any order placed using the customer’s login details shall be deemed to have been placed by the customer, unless proven otherwise.
ARTICLE 7 - PRODUCT AVAILABILITY
Product offers are valid while stocks last.
If a product becomes unavailable after the order has been validated, Maison Douineau will inform the customer as soon as possible and offer, depending on the situation:
a refund for the unavailable product;
an exchange for an equivalent product;
an additional delivery period;
total or partial cancellation of the order.
ARTICLE 8 - PAYMENT
Accepted payment methods are indicated on the website or on the quotation sent to the customer.
Payment may be made by bank card, bank transfer, cheque or any other method expressly accepted by Maison Douineau.
For online payments, transactions are carried out through a secure payment service provider. Maison Douineau does not store the customer’s full bank details.
In the case of payment by cheque or bank transfer, the order will only be prepared or dispatched after the amounts due have been effectively received, unless otherwise agreed in writing.
For professional customers, specific payment terms may be provided in a quotation, invoice or separate agreement. In the event of late payment, penalties and charges may be applied in accordance with applicable regulations and the conditions stated on the invoice.
ARTICLE 9 - DELIVERY
Products are delivered to the address indicated by the customer when placing the order.
Maison Douineau may deliver to mainland France, Corsica, the French overseas departments and territories and abroad, subject to logistical feasibility and acceptance of the order.
Delivery times are estimates. They may vary depending on the destination, carrier, product availability, time of year or logistical constraints.
Maison Douineau shall not be held liable for any delay attributable to the carrier, force majeure, an address error or the customer’s absence at the time of delivery.
The customer must check the condition of the parcel and products upon delivery. In the event of damage, opened, damaged or incomplete parcel, the customer must make precise reservations with the carrier and inform Maison Douineau as soon as possible.
ARTICLE 10 - TRANSFER OF RISK
For consumer customers, the risk of loss or damage to the products is transferred to the customer when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the products.
For professional customers, unless otherwise agreed in writing, risk is transferred to the customer when the products are handed over to the carrier.
ARTICLE 11 - RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
In accordance with the provisions applicable to distance contracts, consumer customers have a period of 14 days to exercise their right of withdrawal, without having to give any reason.
The period runs from receipt of the product by the customer or by a third party designated by the customer, other than the carrier. In the case of an order covering several products delivered separately, the period runs from receipt of the last product.
To exercise the right of withdrawal, the customer must notify Maison Douineau of the decision by means of a clear and unambiguous statement, by email or by post.
The customer may use the standard withdrawal form included at the end of these Terms and Conditions of Sale, although this is not mandatory.
Products must be returned in their original condition, complete, unused, undamaged and in their original packaging where such packaging is necessary for their protection.
Return costs are borne by the customer, except in the event of an error attributable to Maison Douineau or unless otherwise agreed.
Maison Douineau will refund the sums due within the applicable legal time limits, after receipt of the returned products or proof of dispatch of the products by the customer, as the case may be.
Maison Douineau reserves the right to apply a reduction in value in the event of depreciation of the products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.
ARTICLE 12 - EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the cases provided for by applicable regulations.
The following products, in particular, may be excluded from the right of withdrawal:
products made to the customer’s specifications;
clearly personalised products;
products cut to size at the customer’s request;
products which, after delivery, cannot be returned for reasons of hygiene or health protection when they have been unsealed;
products damaged or incomplete due to the customer.
Where the order concerns a personalised product or a product cut to size, this information will be brought to the customer’s attention before the order is validated.
ARTICLE 13 - RETURN PROCEDURE
Before making any return, the customer is invited to contact Maison Douineau at the following address: contact@maison-douineau.com.
The customer must indicate:
their surname and first name or company name;
their order or invoice number;
the product concerned;
the reason for the return;
their full contact details.
Unless Maison Douineau gives different instructions, products must be returned to the following address:
Maison Douineau
BDF DOUINEAU SAS
3 chemin du Rotin
44450 Divatte-sur-Loire
France
The customer is responsible for packaging the returned products. Products returned incomplete, damaged, soiled or unsuitable for resale may be refused or subject to a reduction in value.
ARTICLE 14 - LEGAL WARRANTIES
Products sold by Maison Douineau benefit from the applicable legal warranties.
For consumer customers, products benefit in particular from the legal warranty of conformity provided for by the French Consumer Code and the warranty against hidden defects provided for by the French Civil Code.
In the event of a lack of conformity or hidden defect, the customer is invited to contact Maison Douineau, indicating the nature of the problem encountered and attaching any useful information, including photographs, order number, invoice and description of the defect.
Legal warranties apply independently of any commercial warranty that may be offered.
ARTICLE 15 - LIABILITY
Maison Douineau is responsible for the proper performance of the obligations arising from the contract, under the conditions provided for by applicable regulations.
However, Maison Douineau shall not be held liable in the event of:
improper use of the product by the customer;
failure to comply with instructions for use, care or storage;
normal wear and tear of the product;
modification of the product by the customer;
force majeure;
fault of the customer;
unforeseeable and unavoidable act of a third party to the contract.
Products sold by Maison Douineau may be made from natural materials. Normal variations in colour, shape, texture, density or dimensions do not necessarily constitute a defect where they are inherent to the nature of the product.
ARTICLE 16 - PROFESSIONAL CUSTOMERS
For professional customers, these Terms and Conditions of Sale apply unless specific conditions have been agreed in writing.
The professional customer acknowledges that the order is placed for the needs of their professional activity.
Unless otherwise required by mandatory law, Maison Douineau’s liability towards a professional customer is limited to the amount excluding tax of the order concerned by the dispute.
Claims relating to the apparent conformity of products must be made in writing within 5 business days from receipt of the products.
No claim may be accepted if the products have been processed, used, resold or modified without prior reservation.
ARTICLE 17 - RETENTION OF TITLE
Maison Douineau retains ownership of the products sold until full payment of the price, including principal, costs and ancillary charges.
This clause does not prevent the transfer of risk under the conditions set out herein.
In the event of non-payment, Maison Douineau may claim the return of unpaid products, at the customer’s cost and risk.
ARTICLE 18 - PERSONAL DATA
Maison Douineau collects and processes the customer’s personal data necessary for the management of orders, delivery, invoicing, customer service and, where applicable, commercial communications.
The data collected may include surname, first name, company name, postal address, email address, telephone number, order information and billing information.
Under the conditions provided for by applicable regulations, the customer has the right to access, rectify, erase, object to, restrict the processing of and request portability of their data.
To exercise these rights, the customer may contact Maison Douineau at the following address: contact@maison-douineau.com.
Detailed information relating to the processing of personal data and cookies is set out in the privacy policy available on the website www.maison-douineau.com.
ARTICLE 19 - COOKIES
The website www.maison-douineau.com may use cookies or trackers necessary for the operation of the website, audience measurement, improvement of the user experience or commercial purposes, according to the choices expressed by the user.
The user may configure their cookie preferences via the cookie banner or cookie management module available on the website.
ARTICLE 20 - INTELLECTUAL PROPERTY
The website www.maison-douineau.com, its structure, texts, photographs, illustrations, logos, trademarks, graphic elements, product sheets and contents are protected by applicable intellectual property rights.
Any reproduction, representation, distribution, adaptation, exploitation or use, in whole or in part, of any elements of the website without the prior written authorisation of Maison Douineau is prohibited.
The names Maison Douineau and BDF Douineau, the associated logos, the domain names operated by the company and the contents of the website are protected elements belonging to BDF DOUINEAU SAS or used by it with authorisation.
ARTICLE 21 - FORCE MAJEURE
Maison Douineau shall not be held liable for non-performance or delay in the performance of its obligations in the event of force majeure within the meaning of applicable regulations and case law.
Events that are unforeseeable, irresistible and external and that prevent the normal performance of the contract may, in particular, constitute cases of force majeure.
ARTICLE 22 - CONSUMER MEDIATION
In the event of a dispute with Maison Douineau, the consumer customer must first send a written complaint to customer service.
In accordance with the provisions of the French Consumer Code, Maison Douineau has not yet appointed a consumer mediator.
Before these Terms and Conditions of Sale are published for consumers, Maison Douineau undertakes to subscribe to a consumer mediation scheme and to provide the contact details of the competent mediator in this section.
In the meantime, any complaint should first be addressed to Maison Douineau’s customer service in order to seek an amicable solution.
ARTICLE 23 - GOVERNING LAW
These Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the parties shall endeavour to seek an amicable solution before taking legal action.
For consumer customers, the applicable rules of jurisdiction are those provided for by the regulations in force.
For professional customers, any dispute relating to the formation, interpretation, performance or termination of these Terms and Conditions of Sale shall be submitted to the jurisdiction of the courts of Nantes, unless otherwise required by mandatory law.
ARTICLE 24 - LEGAL NOTICE OF THE WEBSITE
Publication director: François DESAZARS
Operating company:
BDF DOUINEAU SAS, operating under the trade name Maison Douineau,
French simplified joint-stock company with share capital of EUR 80,020,
Nantes Trade and Companies Register 381 166 768,
Registered office SIRET: 381 166 768 00030,
Intra-Community VAT number: FR 05 381 166 768,
Registered office: 3 chemin du Rotin, 44450 Divatte-sur-Loire, France.
Customer service telephone: +33 (0)2 40 03 68 50
Email: contact@maison-douineau.com
Website host:
BCI SOFT
8 Sq. des Marronniers, 49170 Saint-Martin-du-Fouilloux, France
Telephone: +33 2 53 35 43 21 — Email: contact@bcisoft.fr
STANDARD WITHDRAWAL FORM
To Maison Douineau — BDF DOUINEAU SAS, 3 chemin du Rotin, 44450 Divatte-sur-Loire, France, email: contact@maison-douineau.com.
I hereby give notice that I withdraw from the contract for the sale of the product(s) listed below:
Order number:
Ordered on:
Received on:
Customer name:
Customer address:
Product(s) concerned:
Date:
Customer signature, only if this form is notified on paper: