7/ Delivery Not Complied

If the article is not in conformity with the order (for example, error of delivery by SARL DUCHATEL on the reference of the ordered product, deteriorated product during transport or defective ...), after control during delivery by the carrier, you can refuse delivery, by expressing in writing all reservations to the carrier and by informing us by mail at the earliest.

If you have accepted the delivery by expressing your reservations and after we have informed us by email (contact@duchatel.com), we will tell you how to return the product as soon as possible, always with our partner DHL, who will be able to pick up the product at your address, or agree on another way with you, at our own expense.

We charge our transport providers for the return procedures that are deemed non-compliant by the customers, the cost of return of the products being at our expense.

You have the guarantee of conformity provided for in Article L217-4 of the code of consumption and the obligation to issue according to Article 1604 of the Civil Code.

You can, at your choice, by mail (contact@duchatel.com):

 To the extent that you have returned the defective/non-commissioned/damaged product and we have received it for verification of non-compliance,

Or request a new delivery respecting the original order (unless the items are not available, which will be indicated to you, a refund that can then be offered to you, or a having, depending on your choices);

Or request the exchange by an article of the same value;

Or request the cancellation of the order and the refund of the sums paid, refund which will take place within 14 days of your request, via the means of payment used.

 

The SARL DUCHATEL determines and differs all due diligence, according to choice above, at the reception in its shop in BIARRITZ of the return of the products considered non-compliant. No action will be taxable to our company before the receipt of the products deemed non-compliant (other shipment, having, refund ...)

For the case where a returned product would actually comply with the order, without deterioration, without default, the DUCHATEL SARL may in this case prefer to operate a refund to the customer of the purchased product, but not to give effect to any other possible request, which would be equivalent to a new product order.  As well, it may subsequently refuse any new order of the customer in question, if it considered that the return was abusive.

In any case, including the exercise of the right of withdrawal (see Article 8), if the company DUCHATEL finds a situation of undue return (s), it may refuse to honour a possible future order.

 

8 / Right of withdrawal

The customer has a period of fourteen (14) days from the date of receipt to exercise his right of withdrawal with the SARL DUCHATEL, without having to justify reasons or pay a penalty, Provided that the Product (s) is returned in its original state, not carried or washed within fourteen (14) days of the communication of the withdrawal decision.

 

The withdrawal form provided for this purpose with the delivery must be used to request the withdrawal, by mail, at our head office, using DHL services offered by the SARL DUCHATEL to that effect (or those of another provider chosen by SARL DUCHATEL).

In the absence of use of the form, after reception by you or after sending your parcel by our care, you will have to express your wish for a clear retraction, in writing also and always to the address of the registered office of the SARL DUCHATEL, indicated in the form and recalled on the first page of the contract of CGV, 48 avenue Edward VII 64200 BIARRITZ.

In this case, you will also be able to use the DHL services offered (or those of our privileged partner). SARL DUCHATEL has chosen this partner because of the quality of the services, in particular by facilitating the handling of packages and competitive rates.

 

If you withdraw immediately after your order, as long as you clearly express your decision by email ("contact@duchatel.com"), Before we shipped your package, We will cancel the shipment of the package and the sale. In this case, we will offer you a full refund, which will take place before 14 days via the means of payment you have chosen, unless you prefer an exchange for a product of equivalent value or benefit from having it. We will inform you of the procedure to set up these services and confirm the procedure by mail or information on your personal account.

 

If you express your wish to withdraw after reception of the package, it is imperative to follow the planned approach. Primarily, it will be necessary first to express your wish for retraction by mail ("contact@duchatel.com"). We will reply within 48 hours (working days) to give you the procedure to follow.

 

We prefer the use of our carrier for product returns. Therefore, we organize, with your collaboration, a support of the return package by our carrier at your home (place of initial delivery). This requires knowing your availability. The return charge will be at your expense. Therefore, the refund which will take place after receipt of the return package to BIARRITZ, subject to the conditions (see below), will be done with the minoration of the cost of return advanced by our care.

 

The customer's attention is drawn to the return conditions.


The period of 14 days specified shall be from the date of receipt of the property by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For contracts concluded outside establishment, the consumer may exercise his right of withdrawal as from the conclusion of the contract.  In the case of an order for several goods delivered separately or in the case of an order of a property consisting of lots or multiple parts whose delivery is spread over a defined period, the time limit shall be counted from the receipt of the last good or lot or the last part.  For contracts providing for the regular delivery of goods for a specified period, the period shall run from the receipt of the first property.

In accordance with Council Regulation (EEC) No 1182/71/EEC of 3 June 1971 laying down the rules applicable to time limits, dates and terms: 

  • 1 ° The day on which the contract is entered into or the day on which the property is received is not counted within the period specified;
  • 2 ° The period shall begin at the beginning of the first hour of the first day and shall end at the end of the last hour of the last day of the period; 
  • 3 ° If this period expires on a Saturday, a Sunday or a holiday or a non-working day, it shall be extended until the next working day.


The burden of proof of the exercise of the right of withdrawal under the conditions laid down weighs on the consumer.


The consumer shall return or return the goods to the SARL DUCHATEL or to a person designated by the latter, in this case via the services of DHL (or other partner designated by the SARL DUCHATEL), by communicating the form without undue delay and, at the latest, within 14 days of the communication of its decision to withdraw.


The customer only supports the direct costs of returning the goods.

As a general rule, the customer will have to bear a cost of return of the products, in the framework of the retraction, similar to that calculated/indicated for the delivery of the order concerned. If the customer has benefited from a reduction in rates or a discount/cancellation of transport charges during his order, he will have to honor the cost of the return. This will take the form of a reduced reimbursement of transportation costs for the return.

 

If the customer makes the decision not to use the services of our partner carrier DHL (or the carrier we have designated), in case of exercise of right of withdrawal only, he will nevertheless have to continue to use the form received at the reception of the package, or express in writing his right of withdrawal in a perfectly clear manner. It will also have to rely on a carrier Ensuring, as our partner DHL, a parcel tracking service and a similar quality of delivery; The service will also have to be hand-delivered against signature. In this case, the customer pays all the return costs, whatever they may be. The choice of a carrier other than DHL (or another designated carrier) according to the proposal of the DUCHATEL SARL is carried out under the responsibility of the customer.

 

The delivery must always be done at SARL DUCHATEL 48 avenue Edward VII 64200 BIARRITZ, France.

 

Where the consumer entruss the delivery of the property to a carrier other than that proposed by the trader, the risk of loss or damage to the property shall be transferred to the consumer upon delivery of the property to the carrier.

If the customer has paid the cost of return, the refund of the products will intervene without minoration, subject to the conditions below.

Attention: The liability of the customer may be incurred in the event of the depreciation of the goods resulting from manipulations other than those strictly necessary to establish the nature, characteristics and proper functioning of the goods purchased online.

 

To give you an opinion on a product, you are entitled to handle it and inspect it in a way that would also be allowed to you in our shop in BIARRITZ, under the same conditions.

 

You can therefore try a garment and not wear it, use it in pain of being held responsible for its depreciation (see Article L221-3 of the Consumer Code).

 

The products must be returned completely new, with intact labels still attached, designer labels, as well as any other brand identification device present on the product or of securing/proof, without exception none, cards of authenticity always attached and intact, in their packaging, protective covers, Exactly as they were delivered to you and in the same state.

All the shoes should be tested on a carpet, a carpet, as in our store, to avoid any wear of footings.

Care for the skin, all cosmetic products must be returned perfectly intact, unopened or used, in their original packaging, otherwise they will be returned and/or will not be reimbursed. Perfume, nail polish and aerosols are neither exchangeable nor refundable.

Bathing suits, breeches, must be tested on underwear without removing the strips of adhesive protection. Items that do not have any of them (in addition to the general defects described above as the absence of labels or original packaging) will not be accepted and will be returned to you without refund.

 

The depreciation of the value of the property may result in costs of cleaning, repairs, or if the property can no longer be sold as new, in the loss to be gained, justified in an objective way by the trader, even if the protection/identification systems are deteriorated/missing.

Damaged or damaged parts, worn, washed, impaired (in the sense of the law and the case law, in particular because we could not resell the articles as new), used in some way (see also specific products below), will not be accepted.

 

In such cases of deterioration/depreciation of returned products, they will be returned to you at our expense and will not be refunded.

A mail or several emails will be sent to you for the return/refund procedure.

 

Your possible refusal to receive a product returned by our care due to the prior non-compliance of our conditions of withdrawal is made under your responsibility to the carrier and the SARL DUCHATEL.  No refund or compensation may be made, including after refusal of receipt of a product returned by our care.


When the right of withdrawal is exercised legitimately, without abuse and in accordance with our policy, the SARL DUCHATEL will reimburse the customer for all the sums paid, including any delivery costs which would have been paid by the customer initially, without undue delay, within fourteen days from the date of receipt, to BIARRITZ, against signature, of the package containing the products being retracted. ` `

 

However, the cost of return is always the responsibility of the customer.

Therefore, when our company has taken charge of the return procedure with its partner, the refund will be reduced by the costs incurred by SARL DUCHATEL.

 

The SARL DUCHATEL is different from any refund until the goods are recovered and checked to check their condition.

 

We therefore urge you to favour a return with our partner DHL (or the one designated by our care), which is likely to speed up and secure the refund procedure, under the conditions set out above.


If DUCHATEL had found an abusive or excessive exercise of right of withdrawal, it could refuse to honour a possible future order.

 

9/ Legal guarantees

The seller delivers a good in accordance with the contract and responds to the deficiencies of conformity that exist at the time of issue.

SARL DUCHATEL is liable for defects in the conformity of products according to Articles L. 217-4 et seq. Of the Consumer Code and Article 1641 of the Civil Code, subject to the normal use of the products and their maintenance.