GENERAL TERMS ET CONDITIONS OF SALES DUALO SAS
Avalaible from 01 juillet 2016
1 – OBJECT
These Terms and Conditions deal with the formalisation of the execution and treatment of a placed order to DUALO SAS. The body of these Terms and Conditions are a contract between the Customer buyer and the society DUALO SAS. All order implies the entire support and unreservedly of the Customer to the Terms and Conditions: these prevail on any other stipulations in the order forms or in the Terms and Conditions of purchase. The Customer is invited to keep a copy of it.
2- Order Process
Upon clicking the “I accept the Terms & Conditions” checkbox button on the order page, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them.
Only non trader people over the age of majority can place order.
The website http://dualo.org presents references that the Customer can chose to order. The disponibility and the price, expressed in euros (€), United States Dollars ($) and Sterling Pound (£) are mentionned for each reference just as the eventual decreases.
Currently, the products of DUALO SAS society are avalaible on pre-sale.
Once payment of your Deposit has been received and processed, you will receive an Order Confirmation, which confirms our Contract with you, and sets out an estimated total price (including tax or not, depending on your delivery destination), shipping and handling. The outstanding balance of the purchase price, as set out in your Order Confirmation will be due prior to the Goods being dispatched, and DUALO SAS will contact you once your Goods have been manufactured and are ready for shipment (please note that this may be up to 12 months after you have received your Order Confirmation). We will confirm your shipping information and payment details at that time and your payment card will be billed; once the final balance has cleared the Goods will be dispatched.
3 – Payment Terms
The order settlements are made by debit card, directly on the website http://dualo.org or by transfer payment by contacting commercial team of DUALO SAS Society.
The Customer can also pay by the Paypal system.
By clicking the “Pay with PayPal” button on the order page, you confirm that you would like to purchase the Goods described on the order page du-shop. A binding agreement will not be formed between you and the Company until the Company has confirmed that it wishes to enter into an agreement with you based on these Terms and Conditions (at its sole discretion), and you have paid your Deposit.
The payment pages are secure by SSL protocole. DUALOS SAS invites the Customer to insure himself that a security pictogram is used in the browser’s window. Furthermore, the Customer is pleased to check that the adress of the settlement page begins by the letters « HTTPS » ;
DUALO SAS keep for itself the right to refuse to make the delivery should the settlement of the Customer would miss or should a fraud be.
The payment conditions are clearly precised during the order on the website https://dualo.org or during the correspondence with the commercial team of DUALO SAS Society.
DUALO SAS will inform you of the full and final costs of the product at the earliest available opportunity, excluding any customs duties which may arise. You will have the right to cancel your order if the cost of the product has increased to in excess of the estimated total price in the Order Confirmation (excluding any customs duties which may arise). If you choose to cancel your order, we will return your Deposit to you. You will be responsible for making arrangements with customs authorities for payment of duties.
Any goods forming part of your order which are not detailed in DUALO SAS’s Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation or you have made any mistakes in the information that you have provided, you must contact the Company promptly upon receipt, and ideally immediately, so that we have an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
If DUALO SAS is unable to fulfil your order, we will notify you, and any payment received by us will be promptly returned.
4 – DELIVERY – TRANSPORT AND RISKS
Goods will be sent to the indicated destination address on the order form. In case of mistake in the wording coordinates, DUALO SAS will not be held liable for the impossibility of delivery and the charges for the forwarding will not be beared by DUALO SAS.
We shall use all reasonable endeavours to deliver the Goods. The times stated and your Delivery Date are only estimates and do not equate to actual delivery times. Goods will be shipped no later than 4 months after the delivery time estimated.
If DUALO SAS exceed the delivery time estimated over four (4) months, the Buyer could ask to DUALO SAS the complete refund of ordered products. This is true especially in case of pre-order on the website https://dualo.org .
If the Buyer has ordered several Goods at one time, DUALO SAS will wait the disponibility of all the articles to proceed to the sending and the Goods may be delivered on different Days. Delivery will not be of the essence unless previously agreed by us in writing.
We will not be held liable for any delay in delivery caused by late settlement by the Buyer of the remaining balance prior to dispatch.
If the Buyer refuse to pay his order at the delivery, DUALO SAS will cancel the order and will pay back the deposit less the administration fee of thirty (30) euros (€).
Goods will be delivered worldwide subject to courier service levels available. If, for any reason there is a lack of availability of courier service in your area, we cannot be held liable. Goods will be delivered to the address specified in the Order Confirmation and/or in any other arrangement confirmed in writing between the Buyer and us. Alternatively, the Buyer may collect the Goods at our premises after we have notified them that the Goods are ready for collection.
The Goods may be delivered by us in advance of the Delivery Date upon giving reasonable notice to the Buyer.
If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, we shall be entitled upon giving written notice to them to store or arrange for the storage of the Goods. If redelivery is required, they will be held liable for any extra courier and insurance costs and expenses.
Title to the Goods will pass to you once DUALO SAS receives payment in full, or when we deliver the Goods to you (or your representative), whichever is later. That transfer of ownership of the Goods does not mean that you own any Intellectual Property Rights in the Goods you purchase from us. Ownership of such Intellectual Property Rights remains with us. If the Contract is terminated before that passing of title in the Goods occurs, we may recover any Goods supplied to you and you agree to assist us in such circumstances.
5 – Cancellations, Cooling Off and Returns
You have, for a short period, the right to cancel your Contract and return the Goods. That period ends on the expiry of the period of forteen (14) working Days beginning on the Day after the Day on which you receive the Goods (” the Cooling Off Period “). The Customer is invited to forward the Good, bearing of the costs, to DUALO SAS with a copy of the delivery slip. Worn, damaged or uncleaned Goods will not be exchanged or paid off. The price tags do not have been taken off.
DUALO SAS keep for itself the right to refuse a later order in case of deceitful, abnormal or abusive returns.
Cancellations received after payment of the Deposit and before dispatch will be subject to an administration fee of thirty (30) euros (€), even in the case of a pre-order.
If you have been informed that the Goods have already been dispatched but have not yet been delivered and you choose to cancel your order at this time, you will be responsible for returning them unopened and undamaged in the original packing materials provided; and you will be liable for all return shipping and delivery costs back to DUALO SAS.
In order to exercise your right to cancel your order pursuant, you must notify us in writing of your wish to cancel and we will then arrange for collection of the Goods at a reasonable time. All returned Goods must be in their original condition. Unless the goods are faulty or defective, all shipping, handling and return freight costs will be payable by you. We will refund you the price, less direct return freight costs it has paid on your behalf, as soon as possible and in any case within 30 Days of receipt of the notice of cancellation from you. Please note that you must take reasonable care of Goods in your possession during the Cooling Off Period, and, if Goods are returned to us in a damaged state, you will be responsible for any part of that damage which occurred whilst it was in your care or control.
Once the Cooling Off Period has ended, you do not have the right to return your order, unless we agree in the circumstances set out in clause 7 below.
6 – Pricing
Unless otherwise agreed in writing, the price and specification for the Goods shall be as set out on the website and as confirmed in the Order Confirmation. The Deposit secures the price of Goods ordered at the time of ordering.
We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirement.
Any specified promotional items will be available free without obligation and only while stocks are available.
In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on DUALO SAS website or other advertising, you should contact us immediately.
7 – Warranty
DUALO SAS is responsible for the whole conditions it is in charge with by the remote contract. Nevertheless, DUALO SAS will not be held liable if the non-fullfitment of its obligations is imputable to the Buyer, an imprevisible fact of a third-party, a case of absolute necessity.
DUALO SAS endeavours to keep a quality website. However, considerinf the inherent binding in the Net, DUALO SAS could not garantee the accessibility to http://dualo.org in continuously.
DUALO SAS is conform to the Code de la consommation et du Code Civil reagrding guarantee matters.
– Art L211-4 : The Seller has to deliver a good in accordance to the contract and will be held liable for faults of conformity at the delivery.
– Art-5 : To be in accordance to the contract, the good has to :
1) – be in correspondance to the description given by the Seller and have the qualities that the Seller has presented to the Buyer
– have the qualities that a Buyer can legitimately expect in view of the public declarations made by the Seller or in advertising or labeling.
2) have the product characteristics defined by commun consent and be operational for a special using the Buyer is loonking for, known by The Seller who has accepted it.
Art L211-12 of the Code of Consumption : resulting action of conformity default lapses by two years as from the date of the delivery of the good.
Art 1648 al 1 of the Civil Code : resulting action of redhibitory vice must be intented by the Buyer in two years as from the discovery of the vice.
8 – Intellectual Property
All right, title, interest, the website http://dualo.org and Intellectual Property Rights in or connected with and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Program) are owned by, belong to and will continue to vest in DUALO SAS or its licensors.
The Program may contain certain third party licenced materials and DUALO SAS licensors may act to protect their rights in the event of any violation of this Contract. All trademarks are the property of their respective owners.
The marks DUALO, DU-TOUCH are trademarks belonging to DUALO SAS society, no licensor or authorization of reproduction are granted on them. The use of these trademarks in a referencing logic is forbidden without prior consent of DUALO SAS. These dispositions as applied to the images containing the figuratives trademarks registered by the society DUALO SAS.
9 – Pivacy and Data Protection Policy
We will use and store the personal data you provide to us for the following purposes:
providing the Goods to you;
processing your payment for such Goods; and
providing you with information about similar products or services that we think may be of interest to you in the future, which you may stop at any time by contacting us in writing using the details.
By clicking the “I Accept” button, you consent to us processing your data for the purposes stated above.
We will not share your personal data with any third parties without your consent, except where this is necessary for compliance with applicable laws.
In accordance to the law 78-17-of the 6th of January 1978, the Buyer has a right of rectification or withdrawal for the personal datas given to DUALO SAS by writing to DUALO SAS, 1 Ccal La Tour, 93120 La Courneuve, France. DUALO SAS declares have given these treatments to the CNIL ( National Commission for Data Protection and Liberties). Number of declaration : 1727630 the 11th december 2013. List of collected datas : name, first name, adress, email, phone numbers.
For the needs and the functionning of the society DUALO SAS, the website https://dualo.org uses a cookies system. These cookies could contain datas linked to the identification and the browsing of the Buyer on the site. In accordance to the law 78-17 of the 6th of January 1978 and to its article 32, we precise to the Buyer that he can block or delete these cookies.
10 – Ownership
Title to the Goods will pass to you once DUALO SAS. receives payment in full, or when we deliver the Goods to you (or your representative), whichever is later. That transfer of ownership of the Goods does not mean that you own any Intellectual Property Rights in the Goods you purchase from us. Ownership of such Intellectual Property Rights remains with us. If the Contract is terminated before that passing of title in the Goods occurs, we may recover any Goods supplied to you and you agree to assist us in such circumstances.
11 – Applicable Law
The rights you have under these Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable french law. In the event of conflict between these consumer terms and applicable french law, the french written version prevails on any other translation.
This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with French Law, and each party submits to the exclusive jurisdiction of the courts of France.
12 – Apply of juridiction
All contesting regarding our sales and performances and interpretation of our terms and conditions will be the exclusive competence of the Commercial court in Bobigny.