Terms of sale

Any online purchase made on the website "www.duchatel.com" is subject to the prior knowledge and acceptance, by the Customer, of these General Conditions of Sale.

The Customer is informed of the general conditions of sale by means of a permanent tab on the website "www.duchatel.com", freely accessible, mainly from the home page, but also at the bottom left in the foot of the page of each page of the site.

These general conditions of sale are downloadable and can be printed.

In addition, prior to any purchase, the Customer will be asked to consult the general conditions of sale online which are opposed to him at the time of the transaction and to accept them. Customer's consent is collected by means of one or two check boxes:

"I admit that I took knowledge of the GTC of the website "Www.duchatel.com";

"I accept the CGVs on the website "Www.duchatel.com". 

The online acceptance of the general conditions of sale by the customer in the required forms implies compliance with all the provisions appearing there. Any order on the site is conditioned by the consultation and the prior and unreserved acceptance on the part of the Customer of these GTCs, of the prices in force.

 

PREAMBLE

These general conditions of sale govern the contractual relations between any non -professional user of the site "www.duchatel.com" and the owner merchant of the said site, namely the SARL DUCHATEL, a French commercial company with the share capital of 135,000 euros, domiciled 48 avenue Édouard VII 64200 BIARRITZ, registered in the RCS Bayonne under number 480 547 314 547,314,00025, NAF 4771Z code (Retail of clothing in specialized store), intra -community VAT number FR18480547314. Contact: "contact@duchatel.com". Telephone number: +33 (0) 6 74 92 28 83.

 

The general conditions can be freely modified at any time by the SARL Duchatel without these modifications affect the previously concluded contracts, in the required forms, between a client and the Duchatel SARL. The general conditions of sale are enforceable as soon as they put online. Prior to any purchase, the customer must indicate online that he has read them and accept them.

 

In addition, the contractual relations between the customer and the SARL Duchatel are exclusively governed by French law. By accepting these general conditions of sale, any customer therefore recognizes and accepts that their contractual relationships with SARL Duchatel are exclusively governed by French law, whatever the customer's nationality, and/or the country of delivery of goods purchased via the website "www.duchatel.com".

  

WARNING

The "www.duchatel.com" website is an extension, on the web, of the retail activity of clothing initially carried out in store by the Duchatel house in Biarritz, 48 avenue Édouard VII. It is therefore only offered to non -professional buyers, knowing natural persons over the age of 18 and having full legal capacity, navigating on this site, the online purchase of different textile products, shoes, jewelry, accessories, the main characteristics of which are communicated on the site.

The site is not intended for professionals. It does not allow the purchase of goods for their resale. Under these conditions, the Customer is informed that the company SARL DUCHATEL reserves the right not to honor any order which would seem abnormal in relation to the uses observed for a usual consumer, in particular because of its exceptional volume and which could raise the existence of an order placed by a professional.

 

The site visitor and the customer of SARL Duchatel are informed that the site "www.duchatel.com" is designed from features offered by the company Shopify, a Canadian web development platform in the cloud, that it is also responsible for its accommodation, as part of a subscription. Addresses of Shopify:

Shopify Inc., 151 O’Connor Street, Ground Floor / Ottawa, On K2P 2L8 / Canada.

 

SARL Duchatel has taken care to choose a partnership that can guarantee a high degree of data security. Shopify has implemented security measures intended to protect the personal information that it is led to collect, process, accommodate, including physical, electronic or procedural measures. Among other things, it provides secure HTTPS access to most service zones; Each Shopify store has a 256 -bit SSL certificate. The transmission of sensitive payment information (such as a credit card number) is protected by an encryption SSL/TLS compliant with sector standards, Shopify being certified PCI DSS (Payment Card Industry Data Security Standards), Level 1.

 

The data confidentiality policy of the company "Shopify" is notably available to the following addresses:

• https://www.shopify.fr/legal/confidentialite
• https://www.shopify.com/legal/privacy
•  https://www.shopify.com/legal/terms

 

To meet European data protection requirements, when a person concerned accessing on a Shopify boutique is in the European economic area, his personal data will be processed by the Irish subsidiary of Shopify, Shopify International Ltd.

Shopify indicates that he complies with the requirements of the European regulation in terms of data protection of May 25, 2018 (GDPR), in particular by having updated his Privacy Policy, to include more information on the rights extended by the GDPR, as well as more detailed information on the way Shopify processes personal data, as required by RGPD. Shopify added a Addendum on data processingOn the conditions of use of online shopify, in accordance with article 28 of the GDPR. It has implemented a detailed procedure to process the requests for access to data from persons concerned, deletion requests and requests for government access; written a white paper To help merchants and partners understand how Shopify interprets and addresses its obligations under the GDPR.

• https://help.shopify.com/pdf/gdpr-whitepaper.pdf
•  https://www.shopify.com/legal/dpa

 

As part of the provision of services, the personal data of a person accessing a Shopify store in the European economic area can be transferred to other regions, including Canada and the United States. These transfers will be made in accordance with the applicable data protection legislation. In order to ensure that the information is protected when it is transferred outside the EEE, Shopify is based on Intelligence Privacy Shield EU in the United States, as well as intra-group contracts between its various subsidiaries, which can process information in the name of Shopify International Ltd. The GDPR prohibits the export of the personal data of Europeans outside Europe, unless this information is adequately protected. Shopify protects personal data in accordance with the RGPD requirements during their transfer and processing in the United States and Canada. Shopify has set up its data flows so as to comply with these obligations for merchants. As stipulates section 12 of Shopify's privacy policy, all European personal data is initially received by merchants and processed in Ireland by Shopify International Ltd., an Irish subsidiary of Shopify, which then transfers this data in accordance with the GDPR:

For more information on how Shopify receives and processes personal data from the European Economic Area (EEE) and the United Kingdom in accordance with RGPD standards and good information security practices, consult theWhite paper on the GDPRof Shopify.

 

In terms of cookies, Shopify's policy can be viewed at the following address:

• https://www.shopify.fr/legal/cookies
• https://www.shopify.com/legal/cookies

 

In terms of cookies, any user or visitor to the "www.duchatel.com" website can be inquiring of the confidentiality/policy policy in terms of cookies implemented by the SARL Duchatel by means of a permanent tab, notably available from the home page (but also at the length of all pages of the site) and whose content is downloadable and printable:

 

The user or customer of the site may have access to transparent information, including cookies. They are informed of their rights in this area.

Any user is aware of an absence of constant and perfect reliability of the Internet network, in particular in terms of relative security in terms of data transmission or access continuity, navigation performance. Any user is informed of the need to implement within his terminals (computers, mobiles) of technical protection, security means in order to prevent the spread of viruses and other malware, to put into practice prudent uses of the terminals he has in his custody (especially in the event of sharing his terminals).

 

1/ Creation of a customer account on the site "www.duchatel.com"

Anyone can create a personal customer account on our site, via the features made available, by entering, under their responsibility, all the data concerned on a form. After creating this account, the customer can identify before validating any new order.

The personal information thus communicated will be used for the company Duchatel to perform its services vis-à-vis the customer, with a view to the delivery of the goods ordered. It is therefore important to provide exact data.

When creating his personal account, the customer chooses a valid clean identifier (email) and a robust confidential password, which he undertakes not to communicate to third parties. In the event that the customer suspects an identifier and password theft concerning his personal account, he must without delay the SARL DUCHATEL and to take with it all measures to change the password and security of his account. For his part, if he became SARL notes the existence of a fraudulent customer account (which could in particular lead to settlement defects for example or to bad deliveries, infringement of third-party rights ...), it reserves the right to be able to suspend it, after sending an information email to this point to the email address which was indicated to it for the creation of the account in question, 24 hours before this deletion, or even immediately after. fraud, imminent embezzlement).

In addition, at the request of any customer, any personal account can be closed by the SARL Duchatel, with deletion of all the data concerned (unless there is a need for administrative archiving), within 48 hours after receipt of the request. This request can be made by email to the following address: contact@duchatel.com

 

2/ Product characteristics

We always take care to present our products on our site in the most precise and professional way possible, through descriptions and photographs according to the market standards, while providing a set of online assistance and advice services, such as an efficient guide of sizes. We also have at your entire disposal for any further information. Do not hesitate to join us in case of doubt about the characteristics of a garment, jewelry or accessory, via a line dedicated to online purchases (+33) 0674922883), Tuesday to Saturday, from 10 a.m. to 12:30 p.m. and from 2:30 p.m. to 6 p.m., before any possible order. We will be happy to advise you.

Even if we take the greatest care in the communication of faithful photographs, the use of terminals by the visitor can lead to color variations depending on the quality of the screens and the calibrations made. This is also the reason why we remain at your entire disposal to answer all your questions.

 

3/ Orders on the site

We provide you with our website 24 hours a day, 7 days a week.

You can make your choice according to the descriptions and photographs present on the product pages, a number of choice of help and our advice.

In the event of a desire for ordering an item, you must provide a certain number of data via a form (creation or connection to your customer account) which must allow us to provide our service. You will also have to declare that you have read and accepted these general conditions of sale.

You must provide all your care for the choice of the product that interests you, especially in terms of size, color, quantity. During the validation process of your basket You will have to control the accuracy of your order again, at the time of summary, before purchase.

Our site offers several secure payment methods. You can therefore choose the one that suits you best.

Once your payment method has been selected, you must pay your order.

Any order leads to the obligation of perfect payment.

The settlement carried out and the confirmation of the order formalize two the sales contract which links you to the SARL DUCHATEL. A confirmation by email of your order will be sent to you as soon as possible.  An order confirmation sent by email to the customer is considered to be made on a support allowing the customer to store information sent to him personally, to consult them for a determined time, and to reproduce them identically. However, it is recommended to print the confirmation email.

These CGVs will have had to be accepted before any order. They are deemed transmitted to the customer on a sustainable medium because they can be downloaded by him in PDF format on our site, to the CGV tab of the home page.

If you do not receive any email following your order, after checking your spam, you must contact our customer service without delay by email ("contact@duchatel.com"), by mentioning any information on your order for solving any possible problem.

The SARL Duchatel cannot be held responsible in the event of an entry error in the order which would be attributable to the Customer.

 

Regarding the availability of the products posted online, we offer on the site products available in stock at our Biarritz store, at the price displayed on the site. Consequently, we are able to be able to make deliveries in accordance with your wishes, as a result of your products of products on our website, within the indicated deadlines infra. However, exceptionally, we may be able to find ourselves, despite the care taken in stock monitoring by means of dedicated software, unable to honor an order within the time limits, following in particular a stock of stock for a specific product. In this case, following your order, we will contact you as soon as possible (email, SMS or telephone) to tell you this difficulty and possibly offer you, if you wish, obviously, a replacement product. Otherwise, we are committed, on your express request (by email, contact@duchatel.com), to make a refund as soon as possible under the conditions provided below, namely within a maximum of 14 days, via the means of payment that you had used, unless you prefer to obtain a credit for the purchase of a different product, via our website. In this case, having it will be sent to you by email or via your personal account.

This will have a validity of three months.

 

4/ Price

The prices charged are those mentioned on the site when placing the order.

SARL DUCHATEL being a French company, the sale prices are indicated in euros and all taxes included (TTC), excluding delivery costs.

The value added tax (VAT) is that in force on French territory, depending on the legislation in force at the time of the order.

In the event of a euro settlement on our site, the customer outside the European Union (or a member of a European country but retaining a different currency from that of the euro) acknowledges that their banking establishment and/or the online settlement organization that he chose may charge him in addition to the costs, in particular exchange rates.

Possibly, our website will be able to choose a price display in a currency other than the euro, depending on your mention of the country of residence and shipping the order. The exchange rates in force can then reveal price fluctuations compared to the reference amounts in Euro.

It remains possible that the Company possibly uses in the future, for persons proceeding to an order via our site from countries outside the European Union, (including Switzerland, Norway, United Kingdom), an application allowing the calculation and possible regulations of the VAT which would be applicable to them (or absence of VAT), according to known tax situations. However, in the state and default, the prices displayed on the site are all inclusive of VAT, at the VAT rate in force in France at the time of purchase. Consequently, foreign customers who are not liable for VAT, or lower VAT, are informed of these online French VAT regulations on any purchase made on our site and accept it. They can contact us to tell us their situation from this point of view.

In addition, a VAT possibly in force in the country of receipt of deliveries and/or any other taxes without exception, equivalent or not, customs fees in force according to the States may be applicable in addition to the order prices set to the Duchatel Company. These situations depend on the legislation to which customers are subject. These taxes and/or costs could notably be requested by the carrier chosen by the SARL DUCHATEL (our partner DHL), when receiving the package, after passing customs.

 In all hypotheses, the Customer undertakes, with the order, to honor all the taxes applicable according to the legislations in force, in addition to the price of the products purchased and the delivery costs to receive the product (s) delivered by DHL or any other service provider or subcontractor.

It is advisable to get closer to the tax services of the states concerned for all information.

For information, the Customer may consult the information of our DHL carrier partner:

https://www.dhl.fr/content/dam/downloads/fr/express/fr/shipping/rate_guides/dhl_express_general_conditions_fr_fr.pdf

When customs operations must be carried out by DHL or its substituted, the SARL Duchatel can give DHL mandate so that it intervenes as customs representative, acting directly on behalf and on behalf of the principal as provided for:

• Article 18 of the Union Customs Code (Regulation (EU) n ° 952/2013 of October 9, 2013) and
• The decree of April 13, 2016 as modified by the decree of May 31, 2018 relating to the customs representation and the registration of customs representatives.

DHL (or any other SARL Duchatel provider) may provide any of the following services on behalf of the sender or the recipient in the context of the execution of the services:

1) Fill in all documents, modify the codes of the product or service, and pay all rights, taxes or penalties required by the laws and regulations in force ("customs fees"),

2) Intervene as the sender of the sender for customs and export control needs and as a recipient for the sole purpose of appointing a customs broker in order to ensure customs clearance and entry into the territory and,

3) Bringing the sending to the recipient's customs broker or any other address on request made by any person whose DHL can reasonably think about the authority necessary for this purpose.

 

Information is also available on this site:

https://ec.europa.eu/consumers/odr/main/?event=main.trader.register

The Customer must provide accurate information, in particular on the country of delivery; He must not try to fully or partially elude a VAT regulation (or other tax) which would actually be due by any unsuitable (act or omission). He will have to honor, in addition to the price paid on the website, any possible taxes which would be added to it, of any kind whatsoever and without exception, according to the legislation applicable in his country for an online purchase from a French company with a view to delivery in his country and an effective discount by the carrier chosen freely by SARL Duchatel.

The fixed amount of participation in delivery costs, if necessary, depending on the amounts of the order, will be indicated to the customer at the time of the order and before the summary to be validated; These amounts will come to the price of articles.

5/ Secure payment

The price is payable cash, in full, on the day of placing the order.

Any defect in payment of an order, even partial, be it the cause and origin constitutes a valid cause of non-delivery by the SARL Duchatel of the products ordered and cancelled the order.

The SARL DUCHATEL website provides its customers with several secure means of payment managed by third -party companies presenting all a very high degree of security, according to international standards. 

SARL DUCHATEL does not deal, does not keep or directly collect any banking data from its customers. None of these data transit with its systems.

6/ Deliveries

Your order will be delivered to the address indicated when ordering.

In view of the realization of its diligence, the Customer Service La SARL DUCHATEL may require additional information to that provided online (copy of identity document, proof of address). In order to send your order to ship as soon as possible and resolve any possible difficulty, we recommend that you indicate a phone number where you will be easily reachable.

The customer is informed by e-mail, once the order has been sent, that his invoice including the delivery costs and the applicable VAT is accessible on his customer account, or it will be sent by email or at the time of delivery.

SARL DUCHATEL delivers all countries of the world, except exceptional situation, except in countries with which trade is legally restricted/prohibited according to international standards, cases of force majeure, armed conflict, health context, etc., etc ... which would prevent us and/or prevent our partners from carrying out our mission. In such a case, after possible online purchase, our company will contact you to explain the problem encountered and will reimburse you within 14 days, via the system used for purchase.

Our shipments (and your regulations) are all taxes included (TTC) according to the tax rate on added value in force on French territory.

All any additional taxes in force according to the destination countries are to be paid by the Customer in addition to the price of the product and any delivery costs, most often upon receipt of the package, according to the laws applied in the country of destination and the procedures of the carrier.

 

Delivery is made up of the transfer to the customer of the physical possession of the products.

Pursuant to the legal provisions of the consumer code, any risk of loss or damage to property is transferred to the consumer at a time when the latter or a third party designated by him, and other than the carrier proposed by the professional, physically takes possession of these goods.

It is up to the customer to check that the products received comply with their order, This in the presence of the carrier; That these, in particular, were not damaged during transport. In the event that he notes any anomaly (missing, defective, deteriorated product, damaged delivery, etc.), He must express his reservations most precisely to the carrier, in writing, when the package is handed over and report it as soon as possible, by email, to the Sarl Duchatel ("contact@duchatel.com").

We will indicate by email the procedure to be followed in the event of a non-compliant order, in application of the provisions of article 7 below.

For an optimal delivery service, SARL Duchatel has chosen a partnership with DHL in France, Europe and internationally.

A tracking number may be communicated to you for monitoring delivery.

DHL conditions, especially transport, can be viewed online:

https://mydhl.express.dhl/fr/fr/legal.html

 

The following deadlines, simply indicative, will be sought by the Sarl Duchatel and DHL:

• Within 5 working days for France, the European Union, the United Kingdom, Switzerland and Norway, except in exceptional cases,
• Within 10 working days for destinations outside the European Union, except in exceptional cases.

We obviously do at best, with our DHL partner, to ensure deliveries as fast as possible. However, for delivery times which are contractually imposed on SARL Duchatel, the latter intends to prevail from the legal provisions recalled below, namely a maximum legal period of 30 days.

 An order placed on a Saturday, Sunday or public holiday will only be validated and processed from the next working day. Your signature will be requested on delivery (except in the event of a particular situation such as the measures taken with the health crisis linked to the COVID 19, for example). In the event of absence, a passing notice is filed in your mailbox and allows you to withdraw your package from the carrier or to program a new delivery.

 

When ordering a product on our site, before the finalization and payment of the price, it will always be indicated to the customer the total cost (product price with the cost of transport).

 

Possibly, due to the company's trade policy, an occasional promotion, a reduction voucher, a specific order amount, the transport prices may be reduced or deleted, which will be indicated during the finalization of the online order.

SARL DUCHATEL makes every effort to comply with the delivery times mentioned when registering your order.  In the event of non-reception of a package within the indicated time, an investigation will be carried out with the carrier.  This can take up to 30 working days maximum since the day of sending the confirmation by email from receipt of the order (subject to payment made).

The SARL Duchatel cannot be held responsible in the event of force majeure or made of the customer for any delivery defect. In any contrary, the non-reception by the Customer of the order within the period indicated above 30 days may lead to the resolution of the sale, at the express written request of the Customer, by mail LRAR (SARL DUCHATEL, 48 avenue Édouard VII 64200 BIARRITZ / France), under the conditions provided for in articles L216-2 and L 216-3 of the Consumer Code.

 

SARL Duchatel can freely call on other providers than DHL for the fulfillment of its delivery obligations.

Article L111-1 of the French Consumer Code has in particular:

"Before the consumer was bound by a contract for the sale of goods or providing services, the professional communicates to the consumer, in a readable and understandable manner, the following information:
1 ° The essential characteristics of the property or service, taking into account the communication medium used and the good or service concerned;

2 ° The price of the property or service, in application of articles L112-1 to L 112-4;

3 ° In the absence of immediate execution of the contract, the date or the period to which the professional undertakes to deliver the property or to execute the service;

4 ° Information relating to his identity, his postal, telephone and electronic contact details and his activities, provided that they do not emerge from the context;

5 ° If applicable, the information relating to legal guarantees, the functionalities of the digital content and, if necessary, to its interoperability, to the existence of any restriction of software installation, to the existence and methods of implementing guarantees and to other contractual conditions;
6 ° The possibility of using a consumption mediator under the conditions provided for in title I of Book VI. »»

Pursuant to legal provisions, the professional delivers the property on the date or within the period indicated to the consumer. He delivers the good without unjustified delay and no later than thirty days after the conclusion of the contract.  Delivery means the transfer to the consumer of physical possession or the control of the property. In the event of a breach of SARL Duchatel to its obligation to delivery of the property no later than thirty days after the conclusion of the contract, the consumer can resolve the contract, by registered letter with request for acknowledgment of receipt, if, after having enjoined, in the same way, the professional to make the delivery or to provide the service within a reasonable additional time, the latter did not execute within this period.

The contract is considered to be resolved at the reception by the SARL DUCHATEL of the letter or the writing informing it of this resolution, unless it has been executed in the meantime.

When the contract is resolved by the Customer under the conditions provided for in article L216-2 of the Commercial Code, the SARL Duchatel will reimburse the consumer from all the sums paid, at the latest within fourteen days of the date on which the contract was denounced.

 

7/ Non -compliant delivery

If the item does not comply with the order (for example, delivery error by the SARL Duchatel on the reference of the product ordered, a deteriorated product during transport or defective, etc.), 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 email as soon as possible.

If you have accepted delivery by expressing your reserves and after informing us by email (contact@duchatel.com), we will tell you the procedure to return the product as soon as possible, always with our partner DHL, who can come and get the product at your address, or agree on another means with you, at our expense.

Our imposing our transport providers for returns procedures produced produced non -compliant by customers, the cost of returning products being at our expense.

You have the compliance guarantee provided for in article L217-4 of the Consumer Code and the compliance obligation provided for in article 1604 of the Civil Code.

You can choose, by expressing it by email (contact@duchatel.com):

 Insofar as you have returned the defective/non-compliance with the order/deteriorated and we will have received it for verification of non-compliance,

or request a new delivery compliance with the initial order (unless the items are not available, which will be indicated to you, a refund that can then be offered, or a credit, according to your choices);

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

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

 

The SARL Duchatel conditions and differs all the dedicated diligence, depending on the choice above, upon reception in its shop in Biarritz of the return of the products considered as non-compliant. No action will be taxable to our company before receipt of the products deemed to be non -compliant (other shipment, having, reimbursement, etc.)

In the event that a returned product is actually being in accordance with the order, without deterioration, without default, the SARL Duchatel may in this case prefer to operate a refund to the customer of the product purchased, but not follow up on any other request, which would be equivalent to a new product order.  Likewise, she may later refuse any possible new order of the Customer in question, if she considered that the return was abusive.

In all hypotheses, including exercise of the right of withdrawal (see article 8), if the company Duchatel were to note an abusive return situation, it could refuse to honor a possible subsequent 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 SARL DUCHATEL, without having to justify reasons or pay penalty, provided that the product (s) either (or (s) in its original state, or worn (s) in the fourteen (14) days following the communication of the withdrawal decision.

 

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

In the absence of the use of the form, after receipt by you or after sending your package by us by us, you will have to express your retraction wish in a clear way, in writing also and always to the registered office of the SARL DUCHATEL, indicated in the form and recalled on the first page of the CGV contract, 48 avenue Édouard VII 64200 BIARRITZ.

In this case, you can also use the DHL services offered (or those of our then privileged partner). The SARL Duchatel has chosen this partner due to the quality of the services, in particular by facilitating the management of parcels and competitive prices.

 

If you retract immediately after your order, since you clearly express your decision by email ("contact@duchatel.com"), Before we have shipped your package, We will cancel the sending 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 that you had chosen, unless you prefer an exchange for an equivalent value product or benefit from a credit. We will communicate the procedure to set up these services and confirm the procedure by email or information on your personal account.

 

If you express your wish to withdraw after receiving the package, it will be imperative to follow the planned approach. Mainly, it will first be necessary to express your wish to withdraw by email ("contact@duchatel.com"). We will answer you within 48 hours (working days) to give you the procedure to follow.

 

We favor the use of our carrier for product returns. Therefore, we organize, with your collaboration, to take charge of the return package by our carrier at your home (initial delivery location). This requires knowing your availability. The return costs will be your responsibility. Consequently, the reimbursement which will take place after receipt of the return package in Biarritz, subject to the planned conditions (see infra), will be done with a miniway costs advanced by us.

 

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

The 14 -day period mentioned short from the day of receipt of the property by the consumer or a third party, other than the carrier, appointed by him, for contracts for the sale of goods. For contracts concluded outside the establishment, the consumer can exercise his right of withdrawal from the conclusion of the contract.  In the case of an order relating to several goods delivered separately or in the case of an order of a property made up of lots or multiple parts whose delivery is staggered over a defined period, the time short from receipt of the last property or lot or the last part.  For contracts providing for regular delivery of goods for a defined period, the time short from receipt of the first property.

In accordance with Regulation No. 1182/71/ EEC of the Council of June 3, 1971 determining the rules applicable to deadlines, dates and terms: 

• 1 ° The day the contract is concluded or the day of receipt of the property is not counted within the period mentioned;
• 2 ° The deadline begins to run at the start of the first hour of the first day and ends at the end of the last hour of the last day of the deadline; 
• 3 ° If this deadline expires on a Saturday, a Sunday or a holiday or an unemployed day, it is extended until the first following working day.

The burden of proof of the exercise of the right of withdrawal under the conditions provided for on the consumer.

The consumer returns or restores the goods to the SARL DUCHATEL or to a person designated by the latter, in this case via the services of the company DHL (or other partner designated by the SARL DUCHATEL), by communicating the form without excessive delay and, at the latest, within fourteen days of the communication of their decision to retract.

The Customer only supports the direct costs of referring property.

As a rule, the customer must bear a cost of return of products, as part of the withdrawal, similar to that calculated/indicated for the delivery of the order concerned. If the customer has benefited from a decrease in prices or a delivery/cancellation of transport costs when ordering, they must honor the cost of return. This will take the form of a reimbursement reduced to transport costs for the return.

 

If the Customer makes the decision not to call on the services of our DHL carrier carrier (or the carrier we have appointed), in the event of an exercise in the right of withdrawal only, he must nevertheless continue to use the form received upon receipt of the package, or express in writing his right of withdrawal in a perfectly clear manner. He will also have to use a carrier Assuming, such as our DHL partner, a parcel monitoring service and a similar delivery quality; The service must also include a handing over against signature. In this case, the Customer pays for their return all the return costs, whatever they are. The choice of another carrier than DHL (or another designated carrier) according to the proposal of SARL Duchatel is under the responsibility of the customer.

 

Delivery must always be made to the following address: SARL DUCHATEL 48 avenue Édouard VII 64200 Biarritz, France.

 

When the consumer entrusts the delivery of the property to a carrier other than that offered by the professional, the risk of loss or damage to the property is transferred to the consumer when the property is handed over to the carrier.

If the customer has paid the return costs, the reimbursement of the products will take place without a reduction in costs, subject to the infra conditions.

Attention : The customer's responsibility can be engaged in the event of depreciation of goods resulting from manipulations other than those strictly necessary to establish the nature, the characteristics and proper functioning of the goods purchased online.

 

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

 

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

 

The products must be returned perfectly new, with intact labels always attached, creative labels, as well as any other brand identification device present on the product or securing / proof, without any exception, authenticity cards always attached and intact, in their packaging, protective covers, Exactly as they were delivered to you and in the same state.

All shoes must be tried on a carpet, a carpet, as in our store, to avoid any sole wear.

Skin care, all cosmetic products must be returned perfectly intact, not open or used, in their original packaging, otherwise they will be returned to you and/or will not be refunded. Perfumes, nail polish and aerosols are neither exchangeable nor repayable.

Bathroom jerseys, panties, must be tried on underwear, without removing the adhesive protective bands. The items devoid of the latter or salis (in addition to the general defects exposed above such as the absence of labels or of original packaging) will not be accepted and will be returned to you without refund.

 

The depreciation of the value of the property can result in cleaning, repair costs, or if the goods can no longer be sold as new, in the shortfall, objectively justified by the professional, as well as the protection/identification systems are deteriorated/missing.

The damaged or dirty, worn, washed, depreciated parts (within the meaning of the law and the case law, in particular because we could not resell articles like new), used in any way (see also specific products below), will not be accepted.

 

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

An email or more emails will be sent to you for the return/possible reimbursement procedure.

 

Your possible refusal of receipt of a product returned by us due to the prior non-compliance with our withdrawal conditions is under your responsibility vis-à-vis the carrier and the SARL Duchatel.  No refund or compensation can intervene, including after refusal to receive a product returned by us.

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

 

However, the return costs are always the responsibility of the customer.

Consequently, when our company has taken care of the return procedure with its partner, the reimbursement will be reduced by the costs incurred by the SARL DUCHATEL.

 

The SARL Duchatel differs any reimbursement until the property is recovered and examining them to verify their condition.

 

We therefore commit you to favor a return with our partner DHL (or that designated by us), which is likely to accelerate and secure the reimbursement procedure, under the conditions provided above.

If the company Duchatel were to note a situation of exercise of abusive or too frequent rights of withdrawal, it could refuse to honor a possible subsequent order.

 

9/ Legal guarantees

The seller delivers a good in accordance with the contract and meets existing compliance defects during issuance.

SARL DUCHATEL is required to comply with products according to provisions provided for in articles L. 217-4 and following of the Consumer Code and articles 1641 of the Civil Code, subject to normal use of products and their maintenance.

Article L217-5 has:

"The property is in accordance with the contract:

1 ° If it is specific to the usually expected use of a similar property and, if applicable:

• If he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
• If it presents the qualities that a buyer may legitimately wait until the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. »»

 

The defects of conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of deliverance, unless proven otherwise.

In the event of a lack of compliance, the customer chooses between the repair and the replacement of the property.

However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then required to proceed, except impossibility, according to the modality not chosen by the buyer.

If the repair and replacement of the property are impossible, the buyer can make the property and be returned the price or keep the property and have part of the price. 

The same faculty is open to him: 

• 1 ° If the requested, proposed or agreed solution in application of article L217-9 of the Consumer Code cannot be implemented within one month of the buyer's complaint; 
• 2 ° or if this solution cannot be without major inconvenience for it given the nature of the property and the use it seeks. 

The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the crumbling defects as it follows from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra -contractual nature which is recognized by law.

It is necessary to make requests by LRAR at the registered office of SARL DUCHATEL, SARL DUCHATEL 48 avenue Édouard VII 64200 BIARRITZ, France.

10/ Data Protection

Pursuant to the Data Protection Act No. 78-17 of January 6, 1978, the personal data requested from the Customer are necessary for the processing of their order and the establishment of invoices.

Personal information is processed by SARL Duchatel for customer relations management and prospecting purposes.

The Customer has a right of access, rectification and opposition to data concerning him. To exercise this, the customer must send a letter to the following address: SARL DUCHATEL, 48 avenue Édouard VII 64200 BIARRITZ, France.

The customer can also refer to the tab present on the home page of our "Privacy Policy" website. The contract can be downloaded in PDF format.

 

11/ Intellectual property

Duchatel is a brand of SARL Duchatel. No use of the brand and the logo is authorized.

It is forbidden to use all of the informative, editorial content and the photographs or drawings present on the website, in any way whatsoever and with any purpose without the prior express consent of the SARL Duchatel, which reserves the right to refuse any request in this sense which would not approve or not enter into its communication policy.

It is also prohibited to organize, in particular for a commercial/promotional purpose of third parties to the SARL DUCHATEL, any form of redirection to the website of the Duchatel company, without its prior express consent; More generally to use the content, whether or not submitted to copyright and the functionalities of the site for a purpose other than that of the sole consultation of the articles presented during a visit by an individual, with a view to possible orders.

 

12/ Various stipulations

These general conditions and the command summary form a contractual set summarizing all of the agreements between the parties.

These general conditions and all contractual relations between SARL Duchatel and the Customer, without exception, all possible disputes arising during consultation operations, purchase of products, deliveries, interpretation of the contract, cancellation conditions, etc. are subject to French law and to the jurisdiction of the courts of the registered office of the registered office of SARL DUCHATEL.

 The SARL Duchatel, however, undertakes to seek an amicable solution before any legal action. In this perspective, the customer will have to send us any complaint in writing at our head office, Sarl Duchatel 48 avenue Édouard VII 64200 Biarritz, France.

 

In the event of failure of the claim request or in the absence of a response from our services within two (2) months, the Customer is free to submit the dispute which opposes Sarl Duchatel to the mediator whose contact details are indicated below, who will try to bring the parties closer to achieve an amicable solution, under the conditions provided for in articles L. 611-1 and following of the consumer code.

 

Contact details of the mediator of the Sarl Duchatel:

• Bayonne Mediation Association / 32 rue du Hameau 64200 Biarritz, France.
• Such. : (0033) 6 79 59 83 38 / https://bayonne-mediation.com/l-association

 

For a dispute of consumption to be examined by the mediator, the consumer must prove that he has sent a written complaint to the professional or customer service of the latter. The consumer must therefore keep written proof of the steps he has taken. The consumer can seize the mediator within a maximum of 1 year from the date of his written complaint to the professional. A dispute cannot be examined by the mediator if it has previously been examined or is being examined by another mediator or by a court.

The Customer can also consult the European Disputes online Settlement Platform (RLL) between consumers and professionals:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

13/10 % discount on first orders

This offer is set up by SARL DUCHATEL, called DUCHATEL;

To take advantage of this offer, enter the code during the finalization of your first order on Duchatel.com;

• This offer is only valid on eligible orders placed from May 11, 2022, 6:00 p.m. (BST) and will expire after use;
• This promo code is valid only on your first order, without minimum purchase, and cannot be used on orders including fine jewelry or certain brands excluded from the offer *

* Complete list of excluded brands: Bottega Veneta, Saint Laurent, Alanui, Courrèges, The Row, Loewe, Stament, Peruffo, Alican Icoz, Lauren Rubinski, Olivia Cognet, Lucas Castex, Lyne Fromiga.

• This code can only be used once per person and cannot be combined with any other promotion in progress (offers, items at reduced prices, gift cards or assets);
• Non -transferable and non -exchangeable offer. No cash equivalent will be offered;
• Duchatel reserves the right to withdraw, suspend, cancel and/or modify the offer and its terms at any time and without notice;
• In the event of a conflict concerning this offer, Duchatel's decision will be final and no correspondence or discussion may be taken into account;
• For more information on using your data, please consult ourPrivacy Policy

14/ Sale price adjustment policy

Duchatel is unable to offer an adjustment of the sale price for items already purchased during promotions or for any article subject to a special promotion and the price of which has been temporarily lowered. Once the item has been purchased at a reduced sale price, no other price adjustment is offered for this article, even if it is the subject of an additional discount.

15/ New CGV 3X 4X Web: