Duragcell

LEGAL NOTICE AND PERSONAL DATA

1. IDENTIFICATION OF THE SELLER
THESE GENERAL TERMS AND CONDITIONS OF SALE ARE THOSE OF THE COMPANY DURAGCELL, ANONYMOUS COMPANY BY SIMPLIFIED SHARES WITH THE CAPITAL OF EUROS, REGISTERED IN THE PARIS TRADE AND COMPANIES REGISTER UNDER No. 85292870400018,
2. SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
THE PURCHASE OF PRODUCTS OFFERED ON THE WWW.DURAGCELL-PARIS.COM/ WEBSITE (AFTER THE "SITE") IS SUBJECT TO THESE GENERAL CONDITIONS OF SITE SALE (HEREIN AFTER THE "GTC").
DURAGCELL PRODUCTS (HEREIN AFTER THE "PRODUCTS") ARE INTENDED FOR SALE EXCLUSIVELY TO INDIVIDUAL END CONSUMERS OR NON-PROFESSIONAL LEGAL PERSONS CUSTOMERS (HEREIN AFTER "CUSTOMERS"), EXCLUDING ANY RESELLERS OR INTERMEDIARIES ACTING ON BEHALF OF DEALERS. THEREFORE, THE CUSTOMER AFFIRMS THAT IT ACTS AS AN END CONSUMER AND THAT IT DOES NOT INTEND TO RESELL THE PRODUCTS FOR A COMMERCIAL PURPOSE.
DURAGCELL MAY UPDATE THESE T & Cs AT ANY TIME.
THE CUSTOMER CAN FIND OUT AT ANY TIME OF THE VERSION OF THE TERMS IN FORCE BY CLICKING ON THE WWW.DURAGCELL / LEGAL LINK. THE GTCS IN FORCE AT THE TIME OF CONCLUSION OF THE SALES CONTRACT ARE THOSE OPPOSABLE TO THE CUSTOMER.
IN ADDITION, WITH EACH PURCHASE OF PRODUCTS ON THE SITE, THE CUSTOMER WILL BE ASKED TO CONFIRM ACCEPTANCE OF THESE GTCS IN FORCE ON THE DATE OF PLACING THE ORDER. THESE T & Cs ARE AVAILABLE AT THE TIME SHE IS ASKED TO CONFIRM THAT HE ACCEPTS THEM. TO MATERIALIZE THIS ACCEPTANCE, THE CUSTOMER SHOULD CHECK THE BOX "I HAVE READ AND ACCEPT THE GENERAL CONDITIONS OF SALE OF THE DURAGCELL.COM SITE".
3. ORDER TERMS
ANY ORDER PLACED ON THE SITE IS EXPRESS ACCEPTANCE OF THE GTCS AND IS VALUE OF ACCEPTANCE OF THE PRICES AND PRODUCTS AVAILABLE FOR SALE ON THE SITE.
* ORDER PROCESS
THE CUSTOMER WHO WOULD LIKE TO ORDER MUST FOLLOW THE FOLLOWING PROCEDURE:
1. CHOICE OF THE PRODUCT: THE CUSTOMER MUST SELECT THE PRODUCT SHE WISH TO ORDER.
2. VERIFICATION OF THE CONTENT OF THE CUSTOMER'S SELECTION: THE CUSTOMER VERIFIES THE CONTENTS OF HIS BASKET WHILE KEEPING THE POSSIBILITY OF DELETING THE PRODUCTS SHE SELECTED.
3. IDENTIFICATION: THE CUSTOMER MUST FILL OUT THE IDENTIFICATION FORM MADE AVAILABLE AND INDICATE THE REQUESTED INFORMATION (MANDATORY INFORMATION: CIVILITY, LAST NAME, FIRST NAME OR COMPANY NAME, ADDRESS, E-MAIL, PASSWORD, TELEPHONE NUMBER FOR THE DELIVERY).
4. VERIFICATION OF THE CUSTOMER'S ORDER: THE CUSTOMER VERIFIES THE CONTENT OF HIS ORDER, THE TOTAL PRICE, DELIVERY AND INVOICING ADDRESSES WHILE KEEPING THE POSSIBILITY OF DELETING A PRODUCT OR CHANGING THE INVOICE AND DELIVERY ADDRESS. THE CUSTOMER VALIDATES HIS DELIVERY AND PAYMENT METHOD. THE CUSTOMER MUST CONFIRM ITS ACCEPTANCE OF THESE GTCS BY CHECKING THE CORRESPONDING BOX. ORDER VALIDATION IS ONLY POSSIBLE AFTER CHECKING THIS BOX. PAST THIS STEP THE CUSTOMER CAN NO LONGER MODIFY AND / OR CANCEL THE ORDER.
5. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER: THE CUSTOMER RECEIVES AN E-MAIL SUMMARY OF THE CONTENT OF HIS ORDER, TO KNOW:
- ITS DELIVERY AND INVOICING ADDRESSES
- THE NUMBER OF ITS ORDER
- THE DATE OF THE ORDER
- THE LIST OF PRODUCTS ORDERED AND THEIR AMOUNTS
- THE DELIVERY METHOD (ADDRESS PROVIDED BY THE CUSTOMER OR “POINT RELAY”)
CUSTOMER IS ADVISED TO KEEP AND PRINT THIS DOCUMENT, OFFICIAL PROOF OF HIS ORDER. THE ORDER IS THEN RECORDED AND PROCESSED BY DURAGCELL WHICH VERIFIES THE AVAILABILITY OF THE ORDERED PRODUCT (S). ANY ORDER IS VALID ACCEPTANCE OF THE PRICES AND DESCRIPTIONS OF THE PRODUCTS AVAILABLE FOR SALE.
6. CONFIRMATION OF THE SENDING OF THE ORDER: THE CUSTOMER RECEIVES AN E-MAIL SUMMARIZING THE CONTENTS OF HIS ORDER AND CONFIRMING THE SENDING. THE CONTRACT IS DEEMED TO BE CONCLUDED ON THE DATE OF SENDING OF THIS E-MAIL.
* ORDER TRACKING
A CARRIER TRACKING NUMBER IS COMMUNICATED TO THE CUSTOMER WHEN THE ORDER IS VALIDATED.
IF THE CUSTOMER WISHES TO OBTAIN INFORMATION REGARDING THE TRACKING OF HIS ORDER, THE CUSTOMER CAN CONNECT TO THE WEBSITE OF THE CARRIER CHOSEN BY DURAGCELL, EX: UPS, AT WWW.UPS.COM, AND FOLLOW LIVE THE ROUTING OF ITS PACKAGE. THE CUSTOMER ALSO RECEIVES INFORMATION BY E-MAIL CONCERNING THE DIFFERENT STAGES OF THE PROCESS OF PROCESSING AND PREPARING THE ORDER UNTIL ITS SHIPMENT.
4. AVAILABILITY OF PRODUCTS
DURAGCELL'S PRODUCT OFFERS AND PRICES ARE VALID AS LONG AS THEY ARE VISIBLE ON THE SITE, WITHIN THE LIMIT OF AVAILABLE STOCKS.
ERRORS OR MODIFICATIONS MAY EXCEPTIONALLY EXIST, ESPECIALLY IN THE CASE OF SIMULTANEOUS ORDERS OF THE SAME PRODUCT BY SEVERAL CUSTOMERS.
IN THE EVENT OF AN UNAVAILABLE PRODUCT AFTER PLACING AN ORDER, DURAGCELL WILL INFORM THE CUSTOMER BY E-MAIL OR BY PHONE AS SOON AS POSSIBLE, BY OFFERING SO IT IS TO ORDER ANOTHER PRODUCT PRESENTED ON THE SITE AS A REPLACEMENT, OR CANCEL ITS ORDER FREE OF CHARGE.
DURAGCELL SHALL NOT BE LIABLE FOR ANY OUT OF STOCK OR UNAVAILABILITY OF PRODUCTS FOR ORDERS NOT YET ACCEPTED BY DURAGCELL.
DURAGCELL RESERVES THE RIGHT TO CHANGE AT ANY TIME AND WITHOUT NOTICE THE PRODUCTS OFFERED ON THE SITE.
IN ORDER TO ENSURE A BETTER QUALITY OF SERVICE AND AVAILABILITY OF ITS PRODUCTS TO ALL SITE CUSTOMERS, DURAGCELL RESERVES THE RIGHT TO LIMIT THE QUANTITY OF PRODUCTS THAT CAN BE PURCHASED BY A CUSTOMER, IN ACCORDANCE WITH APPLICABLE PROVISIONS IN THE MATTER AND IN PARTICULAR THOSE OF ARTICLE L.121-11 OF THE FRENCH CONSUMER CODE.
IF EVERY EFFORT IS MADE TO ENSURE THAT THE COLOR AND PATTERN OF THE PRODUCTS WHOSE PHOTOS ARE POSTED ON THE SITE ARE TRUE TO THE ORIGINAL PRODUCTS, VARIATIONS MAY OCCUR, ESPECIALLY DUE TO TECHNICAL LIMITATIONS IN COLOR RENDERING ON COMPUTER EQUIPMENT CUSTOMER. ACCORDINGLY, DURAGCELL SHALL NOT BE HELD RESPONSIBLE FOR NON-SUBSTANTIAL ERRORS OR INACCURACIES IN THE PHOTOGRAPHS OR GRAPHIC REPRESENTATIONS OF THE PRODUCTS APPEARING ON THE SITE.
DURAGCELL RESERVES THE RIGHT NOT TO ACCEPT AN ORDER FROM A CUSTOMER WITH WHOM IT IS IN DISPUTE FOR A PREVIOUS ORDER, OR IF DURAGCELL REASONABLY BELIEVES THAT THIS CUSTOMER HAS BROUGHT THESE T & Cs OR ENGAGED IN ANY ACTIVITY FRAUDULENT, OR FOR ANY OTHER LEGITIMATE REASON.
5. PRICE
THE PRICES OF THE PRODUCTS ARE INDICATED IN EUROS WITH THE POSSIBILITY OF A CHOICE OF PAYMENT IN US DOLLAR, STERLING Pound, CANADIAN DOLLAR, AUSTRALIAN DOLLAR, YUAN, YEN, WON, RUSSIAN RUB (BASED ON A DAILY VIA CONVERSION) CONVERTER USED FOR THE SITE), ALL TAXES INCLUDED AND EXCLUDING ANY CUSTOMS CHARGES FOR NON-EU ORDERS WHICH ARE THE CUSTOMER'S CHARGE. EXCEPT IN CASES OF REIMBURSEMENT MADE (I) IN THE CONTEXT OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL OR FOR (II) LACK OF CONFORMITY AND HIDDEN DEFECTS, DURAGCELL WILL NOT REFUND THE VAT APPLIED ON PURCHASES MADE ON THE SITE (EVEN IN THE CASE WHERE THE BUYER, AFTER RECEIPT, FORWARDS THE PRODUCTS TO A NON-EUROPEAN UNION COUNTRY).
DURAGCELL RESERVES THE RIGHT TO MODIFY AT ANY TIME AND WITHOUT NOTICE THE PRICES OF THE PRODUCTS OFFERED ON THE SITE.
THE PRODUCTS ARE INVOICED BASED ON THE RATES DISPLAYED ON THE SITE AT THE TIME OF PLACING THE ORDER, SUBJECT TO AVAILABILITY OF THE PRODUCTS ORDERED AT THAT TIME.
ALL ORDERS ARE PAYABLE IN EUROS AND MUST BE PAYABLE IMMEDIATELY AT THE TIME OF ORDER PLACING.
IN THE EVENT OF UNAVAILABILITY OF CERTAIN ORDERED PRODUCTS (SEE ARTICLE 4 "AVAILABILITY OF PRODUCTS"), ONLY THE PRICE AND SHIPPING COSTS RELATING TO THE AVAILABLE PRODUCTS WILL BE DEBITED.
*PAYMENT TERMS
BY BANK CARD (VISA, CB, MASTERCARD, AMERICAN EXPRESS): PAYMENT IS MADE ON THE SECURE SITE OF THE BANKING INSTITUTION PARTNER OF DURAGCELL.
BY PAYMENT APPLICATION: VIA PAYPAL, ALIPAY, APPLE PAY (MOBILE) AND ANDROID PAY (MOBILE).
THIS IMPLIES THAT NO BANKING INFORMATION CONCERNING THE CUSTOMER IS TRANSFERRED THROUGH THE WWW.DURAGCELL.COM SITE.
THE PAYMENT IS THEREFORE SECURE BY THE PARTNERS IN CHARGE OF FINANCIAL TRANSACTIONS.
THE ORDER WILL THUS BE RECORDED AND VALIDATED ON ACCEPTANCE OF PAYMENT BY THE BANKING DEPARTMENT.
6. RETENTION OF OWNERSHIP
THE PRODUCTS ORDERED REMAIN THE PROPERTY OF DURAGCELL UNTIL DURAGCELL IS FULL OF PRICE COLLECTION. ON THE OTHER HAND, THE CUSTOMER ASSUMES THE RISKS (INCLUDING LOSS, THEFT OR DAMAGE) CONCERNING THE PRODUCTS DELIVERED FROM THE TIME THEY ARE DELIVERED TO THE ADDRESS INDICATED IN THE ORDER.
7. DELIVERY TERMS
THE AMOUNT OF PREPARATION AND SHIPPING COSTS DEPEND ON THE COUNTRY AND ON THE TOTAL AMOUNT OF THE ORDER. THEY WILL BE DETAILED ON THE INVOICE.
DURAGCELL SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION AND / OR FEES AND / OR TAXES (WHICH ARE THE CUSTOMER'S RESPONSIBILITY) AND / OR DELAYS DUE TO CUSTOMS DEPARTMENTS OVER WHICH IT HAS NO CONTROL.
FOR ALL PRODUCTS, THE ORDER IS PREPARED FOR DEPARTURE FROM DURAGCELL'S WAREHOUSES WITHIN A MAXIMUM OF 3 WORKING DAYS (SUBJECT TO AVAILABILITY OF STOCKS AND EXCEPT IN THE SPECIAL CASE OF PRODUCTS SOLD "PRE-ORDER" WHOSE SHEET INDICATES THE SPECIFIC ESTIMATED DELIVERY TIME) FROM E-MAIL CONFIRMATION OF THE ORDER. THE AVERAGE TIME RECOGNIZED BETWEEN PLACING AN ORDER AND DELIVERY IS 4 TO 9 WORKING DAYS. THIS IS AN AVERAGE TIMEFRAME.
EXCEPTIONALLY, TO THE ABOVE TIME LIMITS, "PRE-ORDER" OPERATIONS MAY BE SUBJECT TO EXTENDED DELIVERY TIMES. IN THE OCCURRENCE, THE ESTIMATED DEADLINES FOR "PRE-ORDER" OPERATIONS MAY BE 6 9 MONTHS FROM ORDER AS DULY INDICATED IN THE PURCHASING PROCESS.
EXCEEDING THE ESTIMATED DELIVERY TIME INDICATED MAY NOT RESULT IN ANY CANCELLATION OF THE ORDER, ANY REDUCTION IN THE PRICE PAID BY THE BUYER AND ANY PAYMENT FOR DAMAGE AND INTEREST BEING SPECIFIED ONLY IN CERTAIN CASES (EX: MARKETED ON "PRE-ORDER") THE TIMELINES INDICATED ABOVE MAY BE LONGER. HOWEVER, DELIVERY FAILURE EXCEEDED 30 DAYS FROM THE MAXIMUM ESTIMATED TIME, THE CUSTOMER WILL HAVE THE POSSIBILITY TO CANCEL THE ORDER FREE OF CHARGE. THE SUMS HE PAID TO HIM WILL THEN BE REFUNDED. IN CASES WHERE IT IS CAPACITY, DURAGCELL RESERVES THE POSSIBILITY OF OFFERING THE CUSTOMER A PRODUCT OF QUALITY AND PRICE EQUIVALENT TO THE ORIGINAL PRODUCT.
IF THE ORDER REACHES A CERTAIN VOLUME, DURAGCELL MAY SEND THEM TO THE CUSTOMER IN SEVERAL DELIVERIES AND / OR SEVERAL PACKAGES.
GENERALLY, ALL PACKAGES ARE SHIPPED THROUGH UPS. A DELIVERY FORM TO BE SIGNED IS ATTACHED TO THE PACKAGE. IT IS ADVISED TO KEEP THE DOUBLE OF IT, IT WILL BE USED AS PROOF OF DELIVERY.
THE CUSTOMER MUST VERIFY THE COMPLIANCE OF THE PRODUCTS DELIVERED AT THE TIME OF DELIVERY AND BEFORE SIGNING THE DELIVERY ORDER FROM THE CARRIER. IT MUST INDICATE ON THIS DELIVERY OR IN THE FORM OF HANDWRITED RESERVATIONS ACCOMPANIED WITH HIS SIGNATURE ANY ANOMALY CONCERNING THE DELIVERY (DAMAGED PRODUCT…). THIS CHECKOUT IS CONSIDERED AS CARRIED OUT WHEN THE CUSTOMER, OR A PERSON OF ITS CHOICE, HAS SIGNED THE DELIVERY ORDER. NO CLAIMS ON THE CONDITION OF THE DELIVERED PACKAGE (S) WILL THEN BE ACCEPTED. IN CASE OF RESERVATIONS AS TO DELIVERY, THE CUSTOMER MUST ALSO CONFIRM THEM TO THE CARRIER NO LATER THAN 3 WORKING DAYS OF RECEIPT OF THE ITEM (s) AND SEND A COPY OF THIS MAIL TO DURAGCELL BY EMAIL AT CONTACT @ DURAGCELL. COM WITH CONFIRMATION BY REGISTERED LETTER WITH NOTICE OF RECEIPT TO CUSTOMER SERVICE AT THE FOLLOWING ADDRESS DURAGCELL COMPANY - LA CONTACT - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
IN THE EVENT OF AN INCOMPLETE ADDRESS, WRONG ADDRESS, REFUSAL OF THE PACKAGE BY THE RECIPIENT OR LACK OF INFORMATION RESULTING IN AN IMPOSSIBILITY TO DELIVER THE PRODUCT TO THE RECIPIENT ON TIME AND ON TIME, DURAGCELL CANNOT BE HELD RESPONSIBLE FOR THE FINAL QUALITY OF THIS DELIVERY. IF THIS LACK OF INFORMATION CAUSES A SECOND PRESENTATION TO THE RECIPIENT, DURAGCELL SHALL BE ENTITLED TO ASK THE CUSTOMER FOR THE COSTS CORRESPONDING TO SUCH SECOND DELIVERY. THE CUSTOMER IS SUBJECT TO THE GENERAL DELIVERY CONDITIONS OF THE CARRIER WHICH, IN CERTAIN CASES, IF THEY DO NOT SUBJECT TO THEM, MAY IMPACT THE QUALITY OF DELIVERY.
THUS, IN THE EVENT OF THE RECIPIENT'S ABSENCE, ACCORDING TO THE GENERAL DELIVERY CONDITIONS OF THE CARRIER, THE PRODUCT MAY BE PRESENTED AGAIN AND / OR DEPOSITED AT AN AGREED RELAY POINT AND / OR IN THE CUSTOMER'S HOME AND / OR IN A CENTER OF "SORTING - WAITING" BY CARRIER AND / OR RETURNED TO DURAGCELL WHICH CANNOT BE HELD RESPONSIBLE FOR ANY THEFT, LOSS, DAMAGE TO PRODUCTS IN CONNECTION WITH THEIR DELIVERY AND, IN GENERAL, FOR THE FINAL QUALITY OF THE DELIVERY .
IN THE EVENT OF AN IMPOSSIBILITY OF DELIVERY AND IF THE PRODUCT IS THEN RETURNED TO DURAGCELL BY THE CARRIER, DURAGCELL WILL NOT MAKE A NEW DELIVERY.
ANY CLAIM REGARDING THE DELIVERY OF THE PRODUCTS MUST BE FORMULATED WITHIN 14 WORKING DAYS OF RECEIPT OF THE ITEM (s) UNDER THE SAME CONDITIONS AS ABOVE. IF IT IS DECIDED THAT THE PRODUCT (S) SHOULD BE RETURN (S) TO DURAGCELL, THEY MUST BE RETURNED IN THEIR ORIGINAL CONDITION (PACKAGING, ACCESSORIES ...) AND ACCORDING TO THE FOLLOWING SHIPPING CONDITIONS. THE CUSTOMER SHOULD PRIOR TO CONTACT CUSTOMER SERVICE VIA THE MAIL: [email protected] IN ORDER TO OBTAIN A RETURN NUMBER TO BE NOTED ON THE "RETURN VOUCHER" FORM ATTACHED TO THE ORDER AS WELL AS ANY DETAILS RELATING TO SHIPPING. NO PACKAGES WILL BE ACCEPTED WITHOUT A RETURN NUMBER. THIS NUMBER SHOULD BE WRITTEN LEGIBLY WITH A MARKER ON THE PACKAGE. THE PRODUCT MUST BE RETURNED TO SOCIÉTÉ DURAGCELL - CUSTOMER SERVICE - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
8. RIGHT OF WITHDRAWAL
IN ACCORDANCE WITH ARTICLES L. 121-16 AND FOLLOWING OF THE CONSUMER CODE, THE CUSTOMER HAS A PERIOD OF 14 DAYS FROM THE DAY OF DELIVERY OF THE PRODUCT PURCHASED ON THE SITE TO PREVENT THE CUSTOMER SERVICE OF THE WILLINGNESS TO RETURN THE PRODUCT.
FOR ANY RETURN, THE CUSTOMER SHOULD I) USE THE RETURN FORM ATTACHED INSIDE THE DELIVERY PACKAGE OR II) CONTACT CUSTOMER SERVICE VIA EMAIL: [email protected] TO INFORM IT OF HIS DECISION. USE OF THE RIGHT OF WITHDRAWAL. ANY PACKAGE RETURNED BEYOND THE TIMELY STATED WILL BE REFUSED AND RETURNED TO THE SENDER. NO PACKAGES RETURNED FOR A COD-REFUND WILL BE ACCEPTED, FOR ANY REASON. THE S EXPENSES AND RISKS RELATED TO RETURNING PRODUCTS ARE THE CHARGE OF THE SENDER. IN ORDER FOR CUSTOMER SERVICE TO ACCEPT THE EXCHANGE AND / OR REFUND, THE PRODUCT MUST BE RETURNED COMPLETE IN ITS ORIGINAL PACKAGING, UNDAMAGED, WITH ITS LABEL ATTACHED OR CARRIED, ACCOMPANIED WITH ALL ITS ACCESSORIES AND A COPY OF THE DURAGCELL COMPANY PURCHASE INVOICE - LA CONTACT - 69 RUE DE MONCEAU 75008 PARIS / FRANCE. THE CUSTOMER WILL NOT HAVE TO JUSTIFY ANY REASONS OR PAY PENALTIES, EXCEPT FOR RETURN COSTS.
DURAGCELL SHALL NOT BE RESPONSIBLE FOR ANY LOSS, THEFT OR DAMAGE TO THE PACKAGE.
PARCELS FOR WHICH THE CUSTOMER IDENTIFICATION (LAST NAME, FIRST NAME, ADDRESS AND RETURN CODE) WILL NOT BE POSSIBLE, WILL BE REFUSED.
ALL RETURNS MUST BE MADE THROUGH A TRACEABLE METHOD (UPS, FEDEX, DHL, RAR, ETC…) AND THE TRACKING NUMBER MUST BE COMMUNICATED TO DURAGCELL.
ON RECEIPT OF THE RETURNED PRODUCT BY THE CUSTOMER, CUSTOMER SERVICE WILL SEND BY EMAIL A CONFIRMATION OF RECEIPT OF THE PRODUCT.
DURAGCELL, IN THE EVENT OF THE REGULAR EXERCISE OF THIS RIGHT BY THE CUSTOMER, WILL REIMBURSEMENT TO THE CUSTOMER THE SUMS PAID BY HIM CORRESPONDING TO THE ACQUISITION OF THE RETURNED PRODUCT (S) (THEREFORE EXCLUDING ANY CUSTOMS COSTS), IN A MAXIMUM TIME OF FOURTEEN DAYS, BY BANK TRANSFER TO THE ACCOUNT USED WITH THE PAYMENT CARD ADDRESSED IN THE CUSTOMER'S NAME.
DURAGCELL UNDERTAKES TO REIMBURSEMENT OF STANDARD DELIVERY COSTS INCLUDING PACKAGE TRACKING. FOR THIS PURPOSE, IT SHOULD BE INSERTED IN THE RETURN PACKAGE THE DELIVERY INVOICE SHOWING THE PACKAGE TRACKING NUMBER.
9. LEGAL GUARANTEES
THE PRODUCTS SOLD BY DURAGCELL ARE SUBJECT TO THE CONDITIONS OF LEGAL GUARANTEES PROVIDED FOR BY ARTICLES L.217-4 TO L.217-14 OF THE CONSUMER CODE AS WELL AS BY ARTICLES 1641 TO 1648 OF THE CIVIL CODE, TO THE EXCLUSION OF ALL OTHER GUARANTEES:
DURAGCELL WILL DISCLAIM ANY CLAIM RELATING TO PRODUCTS THAT HAVE BEEN IMPROPERLY USED.
ANY CLAIM RELATING TO THE PRODUCTS AS IS AND WITHOUT RELATIONSHIP TO DELIVERY MUST BE MADE BY EMAIL AT [email protected] FOLLOWED BY WRITTEN CONFIRMATION SENT BY REGISTERED LETTER WITH NOTICE OF RECEIPT TO CUSTOMER SERVICE AT ADDRESS NEXT DURAGCELL COMPANY - LA CONTACT - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
* LEGAL GUARANTEE OF CONFORMITY:
DURAGCELL WILL DELIVER TO THE CUSTOMER A PRODUCT COMPLIANT WITH THE CONTRACT AND FREE OF DEFECTS OF CONFORMITY ON DELIVERY OF THE SAID PRODUCT, IN THE SENSE THAT THE PRODUCT WILL BE FIT FOR THE USUALLY EXPECTED OF A SIMILAR GOOD AND THAT IT WILL PRESENT THE CHARACTERISTICS PRESENTED THEN SALES. DURAGCELL ALSO WILL RESPOND TO DEFECTS OF CONFORMITY RESULTING FROM THE PACKAGING, ASSEMBLY OR INSTALLATION INSTRUCTIONS WHERE SUCH HAS BEEN MADE BY THE CONTRACT OR DONE AT ITS RESPONSIBILITY.
* LEGAL GUARANTEE OF HIDDEN DEFECTS:
DURAGCELL WILL DELIVER TO THE CUSTOMER A PRODUCT FREE OF HIDDEN DEFECTS WHICH MAY MAKE IT UNFIT FOR THE PURPOSE FOR WHICH IT IS INTENDED, OR WHICH REDUCES SUCH USE SO MUCH THAT THEY HAD NOT ACQUIRED OR GIVEN A LESS PRICE, IF HE HAD KNOWN THEM.
THESE GUARANTEES WILL ONLY APPLY ON THE CONDITION THAT THE CUSTOMER MAKES THE REQUEST WITHIN 24 MONTHS FROM THE DELIVERY OF THE PRODUCT (FOR THE LEGAL GUARANTEE OF CONFORMITY) OR ON THE DISCOVERY OF THE DEFECTIVE (FOR THE LEGAL GUARANTEE OF HIDDEN DEFECTS) ).
DEFECTS IN CONFORMITY WHICH APPEAR WITHIN 24 MONTHS FROM DELIVERY ARE PRESUMED TO EXIST AT THE TIME OF DELIVERY, UNLESS PROVIDED TO THE OTHER HAND.
IN THE EVENT OF A RECOGNIZED NON-COMPLIANCE ON A PRODUCT SOLD BY DURAGCELL, THE CUSTOMER MAY CHOOSE BETWEEN REPAIR AND REPLACEMENT OF THE PRODUCT EXCEPT IF ANY OF THESE CHOICES LEAD TO A DISPROPORTIONAL COST FOR DURAGCELL. IF THE REPAIR OR REPLACEMENT OF THE PRODUCT IS IMPOSSIBLE, THE CUSTOMER MAY BE REFUND THE PRICE PAID AND RETURN THE PRODUCT OR KEEP THE PRODUCT AND HAVE PART OF THE PRICE RETURNED, UNLESS THE LACK OF CONFORMITY IS MINOR.
IN THE EVENT OF A RECOGNIZED HIDDEN DEFECTIVE ON A PRODUCT SOLD BY DURAGCELL, THE CUSTOMER WILL HAVE THE CHOICE TO RETURN THE PRODUCT AND BE RETURNED THE PRICE AND COSTS OCCASIONED BY THE SALE OR TO KEEP THE PRODUCT AND BE RETURNED A PART OF THE PRICE.
IN ALL CASES, IT WILL BE UP TO THE CUSTOMER TO PROVE THAT THEY FULFILL THE CONDITIONS OF THE WARRANTY.
THE RETURN, REPLACEMENT OR REIMBURSEMENT OF THE PRODUCT WILL BE CARRIED OUT AT NO COST FOR THE CUSTOMER AND DO NOT PREVENT ANY ALLOCATION OF DAMAGES AND INTEREST IN THE EVENT OF AN LAW.
IN THE EVENT OF LACK OF CONFORMITY AND / OR HIDDEN DEFECTS RECOGNIZED BY DURAGCELL, IF IT IS DECIDED TO RETURN THE PRODUCT, THE CUSTOMER SHOULD SEND IT TO THE FOLLOWING ADDRESS: SOCIÉTÉ DURAGCELL - CUSTOMER SERVICE - 69 RUE DE MONCEAU 75008 PARIS / FRANCE. THE CUSTOMER SHOULD HAVE PREVIOUSLY OBTAINED FROM CUSTOMER SERVICE CONTACTED VIA THE EMAIL: [email protected] A RETURN NUMBER AS WELL AS ANY DETAILS RE LATIVE ON SHIPPING. NO PACKAGES WILL BE ACCEPTED WITHOUT A RETURN NUMBER. THIS NUMBER SHOULD BE WRITTEN LEGIBLY WITH A MARKER ON THE PACKAGE.
10. AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS
ANY TECHNICALLY REPAIRABLE PRODUCT BENEFITS FROM A PAID AFTER-SALES SERVICE. FOR ANY REQUEST FOR REPAIR, THE CUSTOMER WILL CONTACT CUSTOMER SERVICE DIRECTLY VIA EMAIL: [email protected]
IN ACCORDANCE WITH ARTICLE L 111-3 AL 1 OF THE CONSUMER CODE, DURAGCELL CONFIRMS THAT NO PERIOD OF AVAILABILITY OF SPARE PARTS ESSENTIAL FOR THE USE OF THE PRODUCTS IS GUARANTEED. DURAGCELL WILL STILL MAKE ITS BEST EFFORTS TO SATISFY ITS CUSTOMERS WHEN A REQUEST FOR ONE OR MORE SPARE PARTS IS REQUIRED.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL DURAGCELL BE LIABLE FOR ANY DAMAGES WHICH DOES NOT RESULT FROM DURAGCELL'S BREACH OF ANY OF ITS OBLIGATIONS.
12. PERSONAL DATA
WHEN THE CUSTOMER REGISTERS ON THE WWW.DURAGCELL.COM WEBSITE, DURAGCELL COLLECTS HIS PERSONAL INFORMATION (PERSONAL DATA, E-MAIL ADDRESS, SEX, etc.) THROUGH THE REGISTRATION FORM IN ORDER TO OFFER THE SERVICES ACCESSIBLE THROUGH THE DURAGCELL RESTRICTED ZONES. THE INFORMATION OF PERSONAL INFORMATION CONCERNING HIM IS ESSENTIAL FOR THE PROCESSING AND DELIVERY OF HIS ORDERS.
THE ORDERING PROCESS ON THE WWW.DURAGCELL WEBSITE; REQUIRES THE CREATION OF A CUSTOMER ACCOUNT IN WHICH ITS INFORMATION IS STORED AND PROTECTED BY A PASSWORD THAT THE CUSTOMER WILL CHOOSE. THIS INFORMATION IS STRICTLY CONFIDENTIAL AND IS INTENDED FOR DURAGCELL USE ONLY. THEY WILL BE TREATED IN STRICT COMPLIANCE WITH THE PROVISIONS OF THE “COMPUTER AND FREEDOM” LAW N ° 78-17 OF 6 JANUARY 1978 AND REGULATION (EU) 2016/679, GENERAL REGULATION ON DATA PROTECTION.
As such, DURAGCELL IS COMMITTED IN PARTICULAR TO (I) GUARANTEEING THE CONFIDENTIALITY OF PERSONAL DATA PROCESSED WITHIN THIS FRAMEWORK HEREIN BY IMPLEMENTING THE APPROPRIATE SECURITY MEASURES IN ITS FIELD OF ACTIVITY, (II) ENSURING THIS THAT PERSONS AUTHORIZED TO PROCESS PERSONAL DATA HEREIN UNDERTAKE TO RESPECT CONFIDENTIALITY OR ARE SUBJECT TO AN APPROPRIATE LEGAL OBLIGATION OF CONFIDENTIALITY AND RECEIVE THE NECESSARY TRAINING IN THE MATTER OF PERSONAL PROTECTION AND PROTECTION III. ) THAT ITS SUBCONTRACTORS COMPLY WITH LEGAL OBLIGATIONS ON BEHALF AND AS DIRECTED BY DURAGCELL.
AT ANY TIME, THE CUSTOMER HAS A RIGHT OF ACCESS, MODIFICATION, CORRECTION AND DELETION OF DATA CONCERNING HIM. TO EXERCISE THIS RIGHT, HE MAY APPLY TO DURAGCELL BY EMAIL AT [email protected] OR BY MAIL TO THE FOLLOWING ADDRESS: SOCIÉTÉ DURAGCELL - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
SUBJECT TO VALIDATION BY AN “OPT-IN” FROM THE CUSTOMER, PERSONAL INFORMATION (PERSONAL DATA, E-MAIL ADDRESS, SEX, etc.) MAY ALSO BE USED BY DURAGCELL AND / OR ITS PARTNERS FOR COMMERCIAL PURPOSES SUCH AS SENDING NEWSLETTER OR SOLICITATIONS.
THE SITE, TO BETTER MEET CUSTOMER AND PERSONALIZED NEEDS, USES COOKIES. THE PURPOSE OF THE COOKIE IS TO INDICATE YOUR PASSAGE ON THE SITE.
DURAGCELL'S PERSONAL DATA MANAGEMENT POLICY IS ACCESSIBLE ON THE SITE
13. INTELLECTUAL PROPERTY
ALL DOCUMENTS, TEXT, GRAPHICS, IMAGES, PHOTOGRAPHS OR ANY OTHER CONTENT POSTED ON THE WWW.DURAGCELL.COM WEBSITE ARE THE EXCLUSIVE PROPERTY OF DURAGCELL. ACCORDINGLY, THEY MAY NOT BE REPRODUCED, EXPLOITED, OR USED FOR ANY PURPOSE, WITHOUT EXPRESS AUTHORIZATION FROM THE EDITOR.
DURAGCELL OWNS ALL OF THE INTELLECTUAL PROPERTY RIGHTS (EXCEPT THE MORAL RIGHTS OF AUTHORS) RELATING TO THE PRODUCTS AND TO THE BRANDS AND DISTINCTIVE SIGNS UNDER WHICH THE PRODUCTS ARE MARKETED.
THE CUSTOMER ACKNOWLEDGES WITHOUT RESERVATION AS SUCH THE INTELLECTUAL PROPERTY OF DURAGCELL AND UNDERTAKES THAT IT WILL NOT BE AFFECTED IN ANY MANNER. MORE SPECIFICALLY, THE CUSTOMER EXPRESSLY UNDERTAKES NOT TO MANUFACTURE, SELL, LICENSE OR MARKETING IN ANY MANNER WHETHER, DIRECTLY OR THROUGH A THIRD PARTY, FOR ITS PROFIT OR FOR THE PROFIT OF ANY THIRD PARTIES, PRODUCTS, IMITATIONS OR REPRODUCTIONS OF THE PRODUCTS OR INTELLECTUAL PROPERTY RIGHTS IN RELATION TO PRODUCTS AND TRADEMARKS OWNED BY DURAGCELL.
14. FORCE MAJEURE
"FORCE MAJEURE" DESIGNATES ALL EXTERNAL, IRRESISTIBLE AND UNPREDICTABLE CIRCUMSTANCES, OUTSIDE THE REASONABLE CONTROL OF THE PARTY UNDER A CASE OF FORCE MAJEUR.
IF DURAGCELL IS PREVENTED OR DELAYED BY A CASE OF FORCE MAJEURE IN THE PERFORMANCE OF ITS COMMITMENTS, DURAGCELL UNDERTAKES TO INFORM THE 1. DATA CONTROLLER
1.1 THE DATA CONTROLLER IS DURAGCELL SAS, SIREN 85292870400018. As such, DURAGCELL - AND / OR ITS SERVICE PROVIDERS ACTING IN ITS NAME AND FOR ITS ACCOUNT - DETERMINES THE PURPOSES, TECHNICAL AND LEGAL MEANS OF THE PROCESSING OF PERSONAL DATA AND UNDERTAKES TO TAKE ALL ORGANIZATIONAL MEASURES NECESSARY TO ENSURE SAFE PROCESSING AND IN ACCORDANCE WITH THE DATA PROCESSING LAW, FILES AND FREEDOMS OF JANUARY 6, 1978, AS AMENDED BY THE LAW OF AUGUST 6, 2004 (HEREAFTER, “THE LAW”) AND THE EUROPEAN REGULATION OF APRIL 26, 2016 RELATING TO THE PROTECTION OF DATA OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA (HEREIN AFTER THE “GDPR REGULATION”).
1.2. DURAGCELL IS FREE TO CHOOSE ANY INDIVIDUAL OR LEGAL PERSON WHO PROCESSES THE PERSONAL DATA OF USERS AT ITS REQUEST AND ON ITS ACCOUNT (HEREIN AFTER “THE SUBCONTRACTOR”). IF NECESSARY, DURAGCELL UNDERTAKES TO SELECT A SUBCONTRACTOR OFFERING SUFFICIENT GUARANTEES REGARDING TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES FOR THE PROCESSING OF PERSONAL DATA.
2. PROCESSING OF PERSONAL DATA
2.1. USE OF THE SITE, ACCESS TO CERTAIN OF ITS SECTIONS AND / OR ANY REQUEST FOR INFORMATION OR SERVICES FROM USERS OF THE SITE MAY RESULT IN THE COMMUNICATION OF PERSONAL DATA. THE PROCESSING OF THIS DATA BY VIXIVO, IN ITS QUALITY OF DATA CONTROLLER, AND / OR BY SERVICE PROVIDERS ACTING IN THE NAME AND ON BEHALF OF VIXIVO, WILL COMPLY WITH THE LAW AND THE GDPR REGULATION.
2.2. THIS PRIVACY POLICY IS INTENDED TO ENABLE USERS TO KNOW, BEFORE EVEN ACCESSING THE DIFFERENT SECTIONS OF THE SITE AND TO COMMUNICATE THEIR PERSONAL DATA, HOW VIXIVO TREATS THE PERSONAL DATA OF THE SITE USERS. THE USER SHOULD NECESSARILY READ THIS BEFORE COMMUNICATING HIS PERSONAL DATA BY COMPLETING THE FORMS PROVIDED FOR THIS PURPOSE IN THE DIFFERENT SECTIONS OF THE SITE.
2.3 PERSONAL DATA WILL BE PROCESSED PRIMARILY AUTOMATICALLY, WITH PROCEDURES STRICTLY LINKED TO THE PURPOSES SET OUT IN POINT 3.
DURAGCELL WANTS USERS 'PERSONAL DATA TO BE TREATED AS SECURE AND CONFIDENTIAL, AND TAKES ADEQUATE MEASURES TO PREVENT THE LOSS, MISUSE, ALTERATION AND DELETION OF SUCH PERSONAL DATA.
2.4. DURAGCELL ALSO COLLECTS CERTAIN PERSONAL DATA FROM USERS IN ORDER TO RECOGNIZE IT AND PROVIDE THEM WITH THE BEST, QUALITY AND PERSONALIZED USER EXPERIENCE. THIS COLLECTION ALSO MAKES THE CORRECTION OF ANY ERRORS ON THE SITE. THE INFORMATION COLLECTED CONCERNS USER'S CONNECTION (IP ADDRESS, GEOGRAPHICAL AREA, DAY AND TIME OF CONSULTATION, SERVICES CONSULTED AND / OR USED ETC.) AS WELL AS THE DEVICE FROM WHICH THE CONNECTION TAKES PLACE.
2.5 THE SITE, TO BETTER MEET THE NEEDS OF THE USER AND THE PERSONALIZED, USES COOKIES. THE PURPOSE OF THE COOKIE IS TO INDICATE YOUR PASSAGE ON THE SITE.
2.5. ANY FAILURE, PARTIAL OR INACCURATE INFORMATION ON PERSONAL DATA, INDICATED BY AN ASTERISK, AND THEREFORE NECESSARY FOR THE PERFORMANCE OF THE SERVICE REQUESTED, MAKES IT IMPOSSIBLE. ON THE OTHER HAND, ANY BREACH, PARTIAL OR INACCURATE INFORMATION ON THE OPTIONAL PERSONAL DATA SHALL BE WITHOUT CONSEQUENCES.
3. PURPOSES OF THE PROCESSING OF PERSONAL DATA
THE PERSONAL DATA OF USERS ARE PROCESSED TO ALLOW THE PROCESSING AND DELIVERY OF ORDERS ISSUED ON THE SITE.
THE ORDERING PROCESS ON THE WWW.DURAGCELL.COM WEBSITE REQUIRES THE CREATION OF A CUSTOMER ACCOUNT IN WHICH ITS INFORMATION IS STORED AND PROTECTED BY A PASSWORD THAT THE CUSTOMER CHOOSES.
SUBJECT TO VALIDATION BY AN “OPT-IN” OF THE CUSTOMER, PERSONAL INFORMATION (PERSONAL DATA, E-MAIL ADDRESS, SEX, etc.) MAY ALSO BE USED BY VIXIVO AND / OR ITS PARTNERS FOR COMMERCIAL PURPOSES SUCH AS SENDING NEWSLETTER OR SOLICITATIONS.
4. PERSONAL DATA LIKELY TO BE PROCESSED
THE INFORMATION OF USERS THAT THEY GIVE BY COMPLETING FORMS OR CREATING THEIR CUSTOMER ACCOUNTS IS COLLECTED AND PROCESSED. SUCH INFORMATION MAY INCLUDE USERS NAME, SEX, SIZE, ADDRESS, E-MAIL ADDRESS AND PHONE NUMBER.
5. CONSENT
THE USER HAS THE RIGHT TO WITHDRAW CONSENT AT ANY TIME. WITHDRAWAL OF CONSENT DOES NOT CHALLENGE THE LEGALITY OF THE PROCESSING ALREADY CARRIED OUT, BASED ON THE CONSENT FORMULATED BEFORE THIS WITHDRAWAL. THE EXERCISE OF THIS RIGHT CAN BE CARRIED OUT ELECTRONICALLY AT THE FOLLOWING ADDRESS [email protected] OR BY ORDINARY POST AT THE FOLLOWING ADDRESS: VIXIVO SAS - XX XX XXXXX - XXXX PARIS / FRANCE.
6. PERIOD OF CONSERVATION OF PERSONAL DATA
IN ACCORDANCE WITH

1. IDENTIFICATION OF THE SELLER
THESE GENERAL TERMS AND CONDITIONS OF SALE ARE THOSE OF THE COMPANY DURAGCELL, ANONYMOUS COMPANY BY SIMPLIFIED SHARES WITH THE CAPITAL OF EUROS, REGISTERED IN THE PARIS TRADE AND COMPANIES REGISTER UNDER No. 85292870400018,
2. SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
THE PURCHASE OF PRODUCTS OFFERED ON THE WWW.DURAGCELL-PARIS.COM/ WEBSITE (AFTER THE "SITE") IS SUBJECT TO THESE GENERAL CONDITIONS OF SITE SALE (HEREIN AFTER THE "GTC").
DURAGCELL PRODUCTS (HEREIN AFTER THE "PRODUCTS") ARE INTENDED FOR SALE EXCLUSIVELY TO INDIVIDUAL END CONSUMERS OR NON-PROFESSIONAL LEGAL PERSONS CUSTOMERS (HEREIN AFTER "CUSTOMERS"), EXCLUDING ANY RESELLERS OR INTERMEDIARIES ACTING ON BEHALF OF DEALERS. THEREFORE, THE CUSTOMER AFFIRMS THAT IT ACTS AS AN END CONSUMER AND THAT IT DOES NOT INTEND TO RESELL THE PRODUCTS FOR A COMMERCIAL PURPOSE.
DURAGCELL MAY UPDATE THESE T & Cs AT ANY TIME.
THE CUSTOMER CAN FIND OUT AT ANY TIME OF THE VERSION OF THE TERMS IN FORCE BY CLICKING ON THE WWW.DURAGCELL / LEGAL LINK. THE GTCS IN FORCE AT THE TIME OF CONCLUSION OF THE SALES CONTRACT ARE THOSE OPPOSABLE TO THE CUSTOMER.
IN ADDITION, WITH EACH PURCHASE OF PRODUCTS ON THE SITE, THE CUSTOMER WILL BE ASKED TO CONFIRM ACCEPTANCE OF THESE GTCS IN FORCE ON THE DATE OF PLACING THE ORDER. THESE T & Cs ARE AVAILABLE AT THE TIME SHE IS ASKED TO CONFIRM THAT HE ACCEPTS THEM. TO MATERIALIZE THIS ACCEPTANCE, THE CUSTOMER SHOULD CHECK THE BOX "I HAVE READ AND ACCEPT THE GENERAL CONDITIONS OF SALE OF THE DURAGCELL.COM SITE".
3. ORDER TERMS
ANY ORDER PLACED ON THE SITE IS EXPRESS ACCEPTANCE OF THE GTCS AND IS VALUE OF ACCEPTANCE OF THE PRICES AND PRODUCTS AVAILABLE FOR SALE ON THE SITE.
* ORDER PROCESS
THE CUSTOMER WHO WOULD LIKE TO ORDER MUST FOLLOW THE FOLLOWING PROCEDURE:
1. CHOICE OF THE PRODUCT: THE CUSTOMER MUST SELECT THE PRODUCT SHE WISH TO ORDER.
2. VERIFICATION OF THE CONTENT OF THE CUSTOMER'S SELECTION: THE CUSTOMER VERIFIES THE CONTENTS OF HIS BASKET WHILE KEEPING THE POSSIBILITY OF DELETING THE PRODUCTS SHE SELECTED.
3. IDENTIFICATION: THE CUSTOMER MUST FILL OUT THE IDENTIFICATION FORM MADE AVAILABLE AND INDICATE THE REQUESTED INFORMATION (MANDATORY INFORMATION: CIVILITY, LAST NAME, FIRST NAME OR COMPANY NAME, ADDRESS, E-MAIL, PASSWORD, TELEPHONE NUMBER FOR THE DELIVERY).
4. VERIFICATION OF THE CUSTOMER'S ORDER: THE CUSTOMER VERIFIES THE CONTENT OF HIS ORDER, THE TOTAL PRICE, DELIVERY AND INVOICING ADDRESSES WHILE KEEPING THE POSSIBILITY OF DELETING A PRODUCT OR CHANGING THE INVOICE AND DELIVERY ADDRESS. THE CUSTOMER VALIDATES HIS DELIVERY AND PAYMENT METHOD. THE CUSTOMER MUST CONFIRM ITS ACCEPTANCE OF THESE GTCS BY CHECKING THE CORRESPONDING BOX. ORDER VALIDATION IS ONLY POSSIBLE AFTER CHECKING THIS BOX. PAST THIS STEP THE CUSTOMER CAN NO LONGER MODIFY AND / OR CANCEL THE ORDER.
5. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER: THE CUSTOMER RECEIVES AN E-MAIL SUMMARY OF THE CONTENT OF HIS ORDER, TO KNOW:
- ITS DELIVERY AND INVOICING ADDRESSES
- THE NUMBER OF ITS ORDER
- THE DATE OF THE ORDER
- THE LIST OF PRODUCTS ORDERED AND THEIR AMOUNTS
- THE DELIVERY METHOD (ADDRESS PROVIDED BY THE CUSTOMER OR “POINT RELAY”)
CUSTOMER IS ADVISED TO KEEP AND PRINT THIS DOCUMENT, OFFICIAL PROOF OF HIS ORDER. THE ORDER IS THEN RECORDED AND PROCESSED BY DURAGCELL WHICH VERIFIES THE AVAILABILITY OF THE ORDERED PRODUCT (S). ANY ORDER IS VALID ACCEPTANCE OF THE PRICES AND DESCRIPTIONS OF THE PRODUCTS AVAILABLE FOR SALE.
6. CONFIRMATION OF THE SENDING OF THE ORDER: THE CUSTOMER RECEIVES AN E-MAIL SUMMARIZING THE CONTENTS OF HIS ORDER AND CONFIRMING THE SENDING. THE CONTRACT IS DEEMED TO BE CONCLUDED ON THE DATE OF SENDING OF THIS E-MAIL.
* ORDER TRACKING
A CARRIER TRACKING NUMBER IS COMMUNICATED TO THE CUSTOMER WHEN THE ORDER IS VALIDATED.
IF THE CUSTOMER WISHES TO OBTAIN INFORMATION REGARDING THE TRACKING OF HIS ORDER, THE CUSTOMER CAN CONNECT TO THE WEBSITE OF THE CARRIER CHOSEN BY DURAGCELL, EX: UPS, AT WWW.UPS.COM, AND FOLLOW LIVE THE ROUTING OF ITS PACKAGE. THE CUSTOMER ALSO RECEIVES INFORMATION BY E-MAIL CONCERNING THE DIFFERENT STAGES OF THE PROCESS OF PROCESSING AND PREPARING THE ORDER UNTIL ITS SHIPMENT.
4. AVAILABILITY OF PRODUCTS
DURAGCELL'S PRODUCT OFFERS AND PRICES ARE VALID AS LONG AS THEY ARE VISIBLE ON THE SITE, WITHIN THE LIMIT OF AVAILABLE STOCKS.
ERRORS OR MODIFICATIONS MAY EXCEPTIONALLY EXIST, ESPECIALLY IN THE CASE OF SIMULTANEOUS ORDERS OF THE SAME PRODUCT BY SEVERAL CUSTOMERS.
IN THE EVENT OF AN UNAVAILABLE PRODUCT AFTER PLACING AN ORDER, DURAGCELL WILL INFORM THE CUSTOMER BY E-MAIL OR BY PHONE AS SOON AS POSSIBLE, BY OFFERING SO IT IS TO ORDER ANOTHER PRODUCT PRESENTED ON THE SITE AS A REPLACEMENT, OR CANCEL ITS ORDER FREE OF CHARGE.
DURAGCELL SHALL NOT BE LIABLE FOR ANY OUT OF STOCK OR UNAVAILABILITY OF PRODUCTS FOR ORDERS NOT YET ACCEPTED BY DURAGCELL.
DURAGCELL RESERVES THE RIGHT TO CHANGE AT ANY TIME AND WITHOUT NOTICE THE PRODUCTS OFFERED ON THE SITE.
IN ORDER TO ENSURE A BETTER QUALITY OF SERVICE AND AVAILABILITY OF ITS PRODUCTS TO ALL SITE CUSTOMERS, DURAGCELL RESERVES THE RIGHT TO LIMIT THE QUANTITY OF PRODUCTS THAT CAN BE PURCHASED BY A CUSTOMER, IN ACCORDANCE WITH APPLICABLE PROVISIONS IN THE MATTER AND IN PARTICULAR THOSE OF ARTICLE L.121-11 OF THE FRENCH CONSUMER CODE.
IF EVERY EFFORT IS MADE TO ENSURE THAT THE COLOR AND PATTERN OF THE PRODUCTS WHOSE PHOTOS ARE POSTED ON THE SITE ARE TRUE TO THE ORIGINAL PRODUCTS, VARIATIONS MAY OCCUR, ESPECIALLY DUE TO TECHNICAL LIMITATIONS IN COLOR RENDERING ON COMPUTER EQUIPMENT CUSTOMER. ACCORDINGLY, DURAGCELL SHALL NOT BE HELD RESPONSIBLE FOR NON-SUBSTANTIAL ERRORS OR INACCURACIES IN THE PHOTOGRAPHS OR GRAPHIC REPRESENTATIONS OF THE PRODUCTS APPEARING ON THE SITE.
DURAGCELL RESERVES THE RIGHT NOT TO ACCEPT AN ORDER FROM A CUSTOMER WITH WHOM IT IS IN DISPUTE FOR A PREVIOUS ORDER, OR IF DURAGCELL REASONABLY BELIEVES THAT THIS CUSTOMER HAS BROUGHT THESE T & Cs OR ENGAGED IN ANY ACTIVITY FRAUDULENT, OR FOR ANY OTHER LEGITIMATE REASON.
5. PRICE
THE PRICES OF THE PRODUCTS ARE INDICATED IN EUROS WITH THE POSSIBILITY OF A CHOICE OF PAYMENT IN US DOLLAR, STERLING Pound, CANADIAN DOLLAR, AUSTRALIAN DOLLAR, YUAN, YEN, WON, RUSSIAN RUB (BASED ON A DAILY VIA CONVERSION) CONVERTER USED FOR THE SITE), ALL TAXES INCLUDED AND EXCLUDING ANY CUSTOMS CHARGES FOR NON-EU ORDERS WHICH ARE THE CUSTOMER'S CHARGE. EXCEPT IN CASES OF REIMBURSEMENT MADE (I) IN THE CONTEXT OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL OR FOR (II) LACK OF CONFORMITY AND HIDDEN DEFECTS, DURAGCELL WILL NOT REFUND THE VAT APPLIED ON PURCHASES MADE ON THE SITE (EVEN IN THE CASE WHERE THE BUYER, AFTER RECEIPT, FORWARDS THE PRODUCTS TO A NON-EUROPEAN UNION COUNTRY).
DURAGCELL RESERVES THE RIGHT TO MODIFY AT ANY TIME AND WITHOUT NOTICE THE PRICES OF THE PRODUCTS OFFERED ON THE SITE.
THE PRODUCTS ARE INVOICED BASED ON THE RATES DISPLAYED ON THE SITE AT THE TIME OF PLACING THE ORDER, SUBJECT TO AVAILABILITY OF THE PRODUCTS ORDERED AT THAT TIME.
ALL ORDERS ARE PAYABLE IN EUROS AND MUST BE PAYABLE IMMEDIATELY AT THE TIME OF ORDER PLACING.
IN THE EVENT OF UNAVAILABILITY OF CERTAIN ORDERED PRODUCTS (SEE ARTICLE 4 "AVAILABILITY OF PRODUCTS"), ONLY THE PRICE AND SHIPPING COSTS RELATING TO THE AVAILABLE PRODUCTS WILL BE DEBITED.
*PAYMENT TERMS
BY BANK CARD (VISA, CB, MASTERCARD, AMERICAN EXPRESS): PAYMENT IS MADE ON THE SECURE SITE OF THE BANKING INSTITUTION PARTNER OF DURAGCELL.
BY PAYMENT APPLICATION: VIA PAYPAL, ALIPAY, APPLE PAY (MOBILE) AND ANDROID PAY (MOBILE).
THIS IMPLIES THAT NO BANKING INFORMATION CONCERNING THE CUSTOMER IS TRANSFERRED THROUGH THE WWW.DURAGCELL.COM SITE.
THE PAYMENT IS THEREFORE SECURE BY THE PARTNERS IN CHARGE OF FINANCIAL TRANSACTIONS.
THE ORDER WILL THUS BE RECORDED AND VALIDATED ON ACCEPTANCE OF PAYMENT BY THE BANKING DEPARTMENT.
6. RETENTION OF OWNERSHIP
THE PRODUCTS ORDERED REMAIN THE PROPERTY OF DURAGCELL UNTIL DURAGCELL IS FULL OF PRICE COLLECTION. ON THE OTHER HAND, THE CUSTOMER ASSUMES THE RISKS (INCLUDING LOSS, THEFT OR DAMAGE) CONCERNING THE PRODUCTS DELIVERED FROM THE TIME THEY ARE DELIVERED TO THE ADDRESS INDICATED IN THE ORDER.
7. DELIVERY TERMS
THE AMOUNT OF PREPARATION AND SHIPPING COSTS DEPEND ON THE COUNTRY AND ON THE TOTAL AMOUNT OF THE ORDER. THEY WILL BE DETAILED ON THE INVOICE.
DURAGCELL SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION AND / OR FEES AND / OR TAXES (WHICH ARE THE CUSTOMER'S RESPONSIBILITY) AND / OR DELAYS DUE TO CUSTOMS DEPARTMENTS OVER WHICH IT HAS NO CONTROL.
FOR ALL PRODUCTS, THE ORDER IS PREPARED FOR DEPARTURE FROM DURAGCELL'S WAREHOUSES WITHIN A MAXIMUM OF 3 WORKING DAYS (SUBJECT TO AVAILABILITY OF STOCKS AND EXCEPT IN THE SPECIAL CASE OF PRODUCTS SOLD "PRE-ORDER" WHOSE SHEET INDICATES THE SPECIFIC ESTIMATED DELIVERY TIME) FROM E-MAIL CONFIRMATION OF THE ORDER. THE AVERAGE TIME RECOGNIZED BETWEEN PLACING AN ORDER AND DELIVERY IS 4 TO 9 WORKING DAYS. THIS IS AN AVERAGE TIMEFRAME.
EXCEPTIONALLY, TO THE ABOVE TIME LIMITS, "PRE-ORDER" OPERATIONS MAY BE SUBJECT TO EXTENDED DELIVERY TIMES. IN THE OCCURRENCE, THE ESTIMATED DEADLINES FOR "PRE-ORDER" OPERATIONS MAY BE 6 9 MONTHS FROM ORDER AS DULY INDICATED IN THE PURCHASING PROCESS.
EXCEEDING THE ESTIMATED DELIVERY TIME INDICATED MAY NOT RESULT IN ANY CANCELLATION OF THE ORDER, ANY REDUCTION IN THE PRICE PAID BY THE BUYER AND ANY PAYMENT FOR DAMAGE AND INTEREST BEING SPECIFIED ONLY IN CERTAIN CASES (EX: MARKETED ON "PRE-ORDER") THE TIMELINES INDICATED ABOVE MAY BE LONGER. HOWEVER, DELIVERY FAILURE EXCEEDED 30 DAYS FROM THE MAXIMUM ESTIMATED TIME, THE CUSTOMER WILL HAVE THE POSSIBILITY TO CANCEL THE ORDER FREE OF CHARGE. THE SUMS HE PAID TO HIM WILL THEN BE REFUNDED. IN CASES WHERE IT IS CAPACITY, DURAGCELL RESERVES THE POSSIBILITY OF OFFERING THE CUSTOMER A PRODUCT OF QUALITY AND PRICE EQUIVALENT TO THE ORIGINAL PRODUCT.
IF THE ORDER REACHES A CERTAIN VOLUME, DURAGCELL MAY SEND THEM TO THE CUSTOMER IN SEVERAL DELIVERIES AND / OR SEVERAL PACKAGES.
GENERALLY, ALL PACKAGES ARE SHIPPED THROUGH UPS. A DELIVERY FORM TO BE SIGNED IS ATTACHED TO THE PACKAGE. IT IS ADVISED TO KEEP THE DOUBLE OF IT, IT WILL BE USED AS PROOF OF DELIVERY.
THE CUSTOMER MUST VERIFY THE COMPLIANCE OF THE PRODUCTS DELIVERED AT THE TIME OF DELIVERY AND BEFORE SIGNING THE DELIVERY ORDER FROM THE CARRIER. IT MUST INDICATE ON THIS DELIVERY OR IN THE FORM OF HANDWRITED RESERVATIONS ACCOMPANIED WITH HIS SIGNATURE ANY ANOMALY CONCERNING THE DELIVERY (DAMAGED PRODUCT…). THIS CHECKOUT IS CONSIDERED AS CARRIED OUT WHEN THE CUSTOMER, OR A PERSON OF ITS CHOICE, HAS SIGNED THE DELIVERY ORDER. NO CLAIMS ON THE CONDITION OF THE DELIVERED PACKAGE (S) WILL THEN BE ACCEPTED. IN CASE OF RESERVATIONS AS TO DELIVERY, THE CUSTOMER MUST ALSO CONFIRM THEM TO THE CARRIER NO LATER THAN 3 WORKING DAYS OF RECEIPT OF THE ITEM (s) AND SEND A COPY OF THIS MAIL TO DURAGCELL BY EMAIL AT CONTACT @ DURAGCELL. COM WITH CONFIRMATION BY REGISTERED LETTER WITH NOTICE OF RECEIPT TO CUSTOMER SERVICE AT THE FOLLOWING ADDRESS DURAGCELL COMPANY - LA CONTACT - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
IN THE EVENT OF AN INCOMPLETE ADDRESS, WRONG ADDRESS, REFUSAL OF THE PACKAGE BY THE RECIPIENT OR LACK OF INFORMATION RESULTING IN AN IMPOSSIBILITY TO DELIVER THE PRODUCT TO THE RECIPIENT ON TIME AND ON TIME, DURAGCELL CANNOT BE HELD RESPONSIBLE FOR THE FINAL QUALITY OF THIS DELIVERY. IF THIS LACK OF INFORMATION CAUSES A SECOND PRESENTATION TO THE RECIPIENT, DURAGCELL SHALL BE ENTITLED TO ASK THE CUSTOMER FOR THE COSTS CORRESPONDING TO SUCH SECOND DELIVERY. THE CUSTOMER IS SUBJECT TO THE GENERAL DELIVERY CONDITIONS OF THE CARRIER WHICH, IN CERTAIN CASES, IF THEY DO NOT SUBJECT TO THEM, MAY IMPACT THE QUALITY OF DELIVERY.
THUS, IN THE EVENT OF THE RECIPIENT'S ABSENCE, ACCORDING TO THE GENERAL DELIVERY CONDITIONS OF THE CARRIER, THE PRODUCT MAY BE PRESENTED AGAIN AND / OR DEPOSITED AT AN AGREED RELAY POINT AND / OR IN THE CUSTOMER'S HOME AND / OR IN A CENTER OF "SORTING - WAITING" BY CARRIER AND / OR RETURNED TO DURAGCELL WHICH CANNOT BE HELD RESPONSIBLE FOR ANY THEFT, LOSS, DAMAGE TO PRODUCTS IN CONNECTION WITH THEIR DELIVERY AND, IN GENERAL, FOR THE FINAL QUALITY OF THE DELIVERY .
IN THE EVENT OF AN IMPOSSIBILITY OF DELIVERY AND IF THE PRODUCT IS THEN RETURNED TO DURAGCELL BY THE CARRIER, DURAGCELL WILL NOT MAKE A NEW DELIVERY.
ANY CLAIM REGARDING THE DELIVERY OF THE PRODUCTS MUST BE FORMULATED WITHIN 14 WORKING DAYS OF RECEIPT OF THE ITEM (s) UNDER THE SAME CONDITIONS AS ABOVE. IF IT IS DECIDED THAT THE PRODUCT (S) SHOULD BE RETURN (S) TO DURAGCELL, THEY MUST BE RETURNED IN THEIR ORIGINAL CONDITION (PACKAGING, ACCESSORIES ...) AND ACCORDING TO THE FOLLOWING SHIPPING CONDITIONS. THE CUSTOMER SHOULD PRIOR TO CONTACT CUSTOMER SERVICE VIA THE MAIL: [email protected] IN ORDER TO OBTAIN A RETURN NUMBER TO BE NOTED ON THE "RETURN VOUCHER" FORM ATTACHED TO THE ORDER AS WELL AS ANY DETAILS RELATING TO SHIPPING. NO PACKAGES WILL BE ACCEPTED WITHOUT A RETURN NUMBER. THIS NUMBER SHOULD BE WRITTEN LEGIBLY WITH A MARKER ON THE PACKAGE. THE PRODUCT MUST BE RETURNED TO SOCIÉTÉ DURAGCELL - CUSTOMER SERVICE - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
8. RIGHT OF WITHDRAWAL
IN ACCORDANCE WITH ARTICLES L. 121-16 AND FOLLOWING OF THE CONSUMER CODE, THE CUSTOMER HAS A PERIOD OF 14 DAYS FROM THE DAY OF DELIVERY OF THE PRODUCT PURCHASED ON THE SITE TO PREVENT THE CUSTOMER SERVICE OF THE WILLINGNESS TO RETURN THE PRODUCT.
FOR ANY RETURN, THE CUSTOMER SHOULD I) USE THE RETURN FORM ATTACHED INSIDE THE DELIVERY PACKAGE OR II) CONTACT CUSTOMER SERVICE VIA EMAIL: [email protected] TO INFORM IT OF HIS DECISION. USE OF THE RIGHT OF WITHDRAWAL. ANY PACKAGE RETURNED BEYOND THE TIMELY STATED WILL BE REFUSED AND RETURNED TO THE SENDER. NO PACKAGES RETURNED FOR A COD-REFUND WILL BE ACCEPTED, FOR ANY REASON. THE S EXPENSES AND RISKS RELATED TO RETURNING PRODUCTS ARE THE CHARGE OF THE SENDER. IN ORDER FOR CUSTOMER SERVICE TO ACCEPT THE EXCHANGE AND / OR REFUND, THE PRODUCT MUST BE RETURNED COMPLETE IN ITS ORIGINAL PACKAGING, UNDAMAGED, WITH ITS LABEL ATTACHED OR CARRIED, ACCOMPANIED WITH ALL ITS ACCESSORIES AND A COPY OF THE DURAGCELL COMPANY PURCHASE INVOICE - LA CONTACT - 69 RUE DE MONCEAU 75008 PARIS / FRANCE. THE CUSTOMER WILL NOT HAVE TO JUSTIFY ANY REASONS OR PAY PENALTIES, EXCEPT FOR RETURN COSTS.
DURAGCELL SHALL NOT BE RESPONSIBLE FOR ANY LOSS, THEFT OR DAMAGE TO THE PACKAGE.
PARCELS FOR WHICH THE CUSTOMER IDENTIFICATION (LAST NAME, FIRST NAME, ADDRESS AND RETURN CODE) WILL NOT BE POSSIBLE, WILL BE REFUSED.
ALL RETURNS MUST BE MADE THROUGH A TRACEABLE METHOD (UPS, FEDEX, DHL, RAR, ETC…) AND THE TRACKING NUMBER MUST BE COMMUNICATED TO DURAGCELL.
ON RECEIPT OF THE RETURNED PRODUCT BY THE CUSTOMER, CUSTOMER SERVICE WILL SEND BY EMAIL A CONFIRMATION OF RECEIPT OF THE PRODUCT.
DURAGCELL, IN THE EVENT OF THE REGULAR EXERCISE OF THIS RIGHT BY THE CUSTOMER, WILL REIMBURSEMENT TO THE CUSTOMER THE SUMS PAID BY HIM CORRESPONDING TO THE ACQUISITION OF THE RETURNED PRODUCT (S) (THEREFORE EXCLUDING ANY CUSTOMS COSTS), IN A MAXIMUM TIME OF FOURTEEN DAYS, BY BANK TRANSFER TO THE ACCOUNT USED WITH THE PAYMENT CARD ADDRESSED IN THE CUSTOMER'S NAME.
DURAGCELL UNDERTAKES TO REIMBURSEMENT OF STANDARD DELIVERY COSTS INCLUDING PACKAGE TRACKING. FOR THIS PURPOSE, IT SHOULD BE INSERTED IN THE RETURN PACKAGE THE DELIVERY INVOICE SHOWING THE PACKAGE TRACKING NUMBER.
9. LEGAL GUARANTEES
THE PRODUCTS SOLD BY DURAGCELL ARE SUBJECT TO THE CONDITIONS OF LEGAL GUARANTEES PROVIDED FOR BY ARTICLES L.217-4 TO L.217-14 OF THE CONSUMER CODE AS WELL AS BY ARTICLES 1641 TO 1648 OF THE CIVIL CODE, TO THE EXCLUSION OF ALL OTHER GUARANTEES:
DURAGCELL WILL DISCLAIM ANY CLAIM RELATING TO PRODUCTS THAT HAVE BEEN IMPROPERLY USED.
ANY CLAIM RELATING TO THE PRODUCTS AS IS AND WITHOUT RELATIONSHIP TO DELIVERY MUST BE MADE BY EMAIL AT [email protected] FOLLOWED BY WRITTEN CONFIRMATION SENT BY REGISTERED LETTER WITH NOTICE OF RECEIPT TO CUSTOMER SERVICE AT ADDRESS NEXT DURAGCELL COMPANY - LA CONTACT - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
* LEGAL GUARANTEE OF CONFORMITY:
DURAGCELL WILL DELIVER TO THE CUSTOMER A PRODUCT COMPLIANT WITH THE CONTRACT AND FREE OF DEFECTS OF CONFORMITY ON DELIVERY OF THE SAID PRODUCT, IN THE SENSE THAT THE PRODUCT WILL BE FIT FOR THE USUALLY EXPECTED OF A SIMILAR GOOD AND THAT IT WILL PRESENT THE CHARACTERISTICS PRESENTED THEN SALES. DURAGCELL ALSO WILL RESPOND TO DEFECTS OF CONFORMITY RESULTING FROM THE PACKAGING, ASSEMBLY OR INSTALLATION INSTRUCTIONS WHERE SUCH HAS BEEN MADE BY THE CONTRACT OR DONE AT ITS RESPONSIBILITY.
* LEGAL GUARANTEE OF HIDDEN DEFECTS:
DURAGCELL WILL DELIVER TO THE CUSTOMER A PRODUCT FREE OF HIDDEN DEFECTS WHICH MAY MAKE IT UNFIT FOR THE PURPOSE FOR WHICH IT IS INTENDED, OR WHICH REDUCES SUCH USE SO MUCH THAT THEY HAD NOT ACQUIRED OR GIVEN A LESS PRICE, IF HE HAD KNOWN THEM.
THESE GUARANTEES WILL ONLY APPLY ON THE CONDITION THAT THE CUSTOMER MAKES THE REQUEST WITHIN 24 MONTHS FROM THE DELIVERY OF THE PRODUCT (FOR THE LEGAL GUARANTEE OF CONFORMITY) OR ON THE DISCOVERY OF THE DEFECTIVE (FOR THE LEGAL GUARANTEE OF HIDDEN DEFECTS) ).
DEFECTS IN CONFORMITY WHICH APPEAR WITHIN 24 MONTHS FROM DELIVERY ARE PRESUMED TO EXIST AT THE TIME OF DELIVERY, UNLESS PROVIDED TO THE OTHER HAND.
IN THE EVENT OF A RECOGNIZED NON-COMPLIANCE ON A PRODUCT SOLD BY DURAGCELL, THE CUSTOMER MAY CHOOSE BETWEEN REPAIR AND REPLACEMENT OF THE PRODUCT EXCEPT IF ANY OF THESE CHOICES LEAD TO A DISPROPORTIONAL COST FOR DURAGCELL. IF THE REPAIR OR REPLACEMENT OF THE PRODUCT IS IMPOSSIBLE, THE CUSTOMER MAY BE REFUND THE PRICE PAID AND RETURN THE PRODUCT OR KEEP THE PRODUCT AND HAVE PART OF THE PRICE RETURNED, UNLESS THE LACK OF CONFORMITY IS MINOR.
IN THE EVENT OF A RECOGNIZED HIDDEN DEFECTIVE ON A PRODUCT SOLD BY DURAGCELL, THE CUSTOMER WILL HAVE THE CHOICE TO RETURN THE PRODUCT AND BE RETURNED THE PRICE AND COSTS OCCASIONED BY THE SALE OR TO KEEP THE PRODUCT AND BE RETURNED A PART OF THE PRICE.
IN ALL CASES, IT WILL BE UP TO THE CUSTOMER TO PROVE THAT THEY FULFILL THE CONDITIONS OF THE WARRANTY.
THE RETURN, REPLACEMENT OR REIMBURSEMENT OF THE PRODUCT WILL BE CARRIED OUT AT NO COST FOR THE CUSTOMER AND DO NOT PREVENT ANY ALLOCATION OF DAMAGES AND INTEREST IN THE EVENT OF AN LAW.
IN THE EVENT OF LACK OF CONFORMITY AND / OR HIDDEN DEFECTS RECOGNIZED BY DURAGCELL, IF IT IS DECIDED TO RETURN THE PRODUCT, THE CUSTOMER SHOULD SEND IT TO THE FOLLOWING ADDRESS: SOCIÉTÉ DURAGCELL - CUSTOMER SERVICE - 69 RUE DE MONCEAU 75008 PARIS / FRANCE. THE CUSTOMER SHOULD HAVE PREVIOUSLY OBTAINED FROM CUSTOMER SERVICE CONTACTED VIA THE EMAIL: [email protected] A RETURN NUMBER AS WELL AS ANY DETAILS RELATIVE ON SHIPPING. NO PACKAGES WILL BE ACCEPTED WITHOUT A RETURN NUMBER. THIS NUMBER SHOULD BE WRITTEN LEGIBLY WITH A MARKER ON THE PACKAGE.
10. AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS
ANY TECHNICALLY REPAIRABLE PRODUCT BENEFITS FROM A PAID AFTER-SALES SERVICE. FOR ANY REQUEST FOR REPAIR, THE CUSTOMER WILL CONTACT CUSTOMER SERVICE DIRECTLY VIA EMAIL: [email protected]
IN ACCORDANCE WITH ARTICLE L 111-3 AL 1 OF THE CONSUMER CODE, DURAGCELL CONFIRMS THAT NO PERIOD OF AVAILABILITY OF SPARE PARTS ESSENTIAL FOR THE USE OF THE PRODUCTS IS GUARANTEED. DURAGCELL WILL STILL MAKE ITS BEST EFFORTS TO SATISFY ITS CUSTOMERS WHEN A REQUEST FOR ONE OR MORE SPARE PARTS IS REQUIRED.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL DURAGCELL BE LIABLE FOR ANY DAMAGES WHICH DOES NOT RESULT FROM DURAGCELL'S BREACH OF ANY OF ITS OBLIGATIONS.
12. PERSONAL DATA
WHEN THE CUSTOMER REGISTERS ON THE WWW.DURAGCELL.COM WEBSITE, DURAGCELL COLLECTS HIS PERSONAL INFORMATION (PERSONAL DATA, E-MAIL ADDRESS, SEX, etc.) THROUGH THE REGISTRATION FORM IN ORDER TO OFFER THE SERVICES ACCESSIBLE THROUGH THE DURAGCELL RESTRICTED ZONES. THE INFORMATION OF PERSONAL INFORMATION CONCERNING HIM IS ESSENTIAL FOR THE PROCESSING AND DELIVERY OF HIS ORDERS.
THE ORDERING PROCESS ON THE WWW.DURAGCELL WEBSITE; REQUIRES THE CREATION OF A CUSTOMER ACCOUNT IN WHICH ITS INFORMATION IS STORED AND PROTECTED BY A PASSWORD THAT THE CUSTOMER WILL CHOOSE. THIS INFORMATION IS STRICTLY CONFIDENTIAL AND IS INTENDED FOR DURAGCELL USE ONLY. THEY WILL BE TREATED IN STRICT COMPLIANCE WITH THE PROVISIONS OF THE “COMPUTER AND FREEDOM” LAW N ° 78-17 OF 6 JANUARY 1978 AND REGULATION (EU) 2016/679, GENERAL REGULATION ON DATA PROTECTION.
As such, DURAGCELL IS COMMITTED IN PARTICULAR TO (I) GUARANTEEING THE CONFIDENTIALITY OF PERSONAL DATA PROCESSED WITHIN THIS FRAMEWORK HEREIN BY IMPLEMENTING THE APPROPRIATE SECURITY MEASURES IN ITS FIELD OF ACTIVITY, (II) ENSURING THIS THAT PERSONS AUTHORIZED TO PROCESS PERSONAL DATA HEREIN UNDERTAKE TO RESPECT CONFIDENTIALITY OR ARE SUBJECT TO AN APPROPRIATE LEGAL OBLIGATION OF CONFIDENTIALITY AND RECEIVE THE NECESSARY TRAINING IN THE MATTER OF PERSONAL PROTECTION AND PROTECTION III. ) THAT ITS SUBCONTRACTORS COMPLY WITH LEGAL OBLIGATIONS ON BEHALF AND AS DIRECTED BY DURAGCELL.
AT ANY TIME, THE CUSTOMER HAS A RIGHT OF ACCESS, MODIFICATION, CORRECTION AND DELETION OF DATA CONCERNING HIM. TO EXERCISE THIS RIGHT, HE MAY APPLY TO DURAGCELL BY EMAIL AT [email protected] OR BY MAIL TO THE FOLLOWING ADDRESS: SOCIÉTÉ DURAGCELL - 69 RUE DE MONCEAU 75008 PARIS / FRANCE.
SUBJECT TO VALIDATION BY AN “OPT-IN” FROM THE CUSTOMER, PERSONAL INFORMATION (PERSONAL DATA, E-MAIL ADDRESS, SEX, etc.) MAY ALSO BE USED BY DURAGCELL AND / OR ITS PARTNERS FOR COMMERCIAL PURPOSES SUCH AS SENDING NEWSLETTER OR SOLICITATIONS.
THE SITE, TO BETTER MEET CUSTOMER AND PERSONALIZED NEEDS, USES COOKIES. THE PURPOSE OF THE COOKIE IS TO INDICATE YOUR PASSAGE ON THE SITE.
DURAGCELL'S PERSONAL DATA MANAGEMENT POLICY IS ACCESSIBLE ON THE SITE
13. INTELLECTUAL PROPERTY
ALL DOCUMENTS, TEXT, GRAPHICS, IMAGES, PHOTOGRAPHS OR ANY OTHER CONTENT POSTED ON THE WWW.DURAGCELL.COM WEBSITE ARE THE EXCLUSIVE PROPERTY OF DURAGCELL. ACCORDINGLY, THEY MAY NOT BE REPRODUCED, EXPLOITED, OR USED FOR ANY PURPOSE, WITHOUT EXPRESS AUTHORIZATION FROM THE EDITOR.
DURAGCELL OWNS ALL OF THE INTELLECTUAL PROPERTY RIGHTS (EXCEPT THE MORAL RIGHTS OF AUTHORS) RELATING TO THE PRODUCTS AND TO THE BRANDS AND DISTINCTIVE SIGNS UNDER WHICH THE PRODUCTS ARE MARKETED.
THE CUSTOMER ACKNOWLEDGES WITHOUT RESERVATION AS SUCH THE INTELLECTUAL PROPERTY OF DURAGCELL AND UNDERTAKES THAT IT WILL NOT BE AFFECTED IN ANY MANNER. MORE SPECIFICALLY, THE CUSTOMER EXPRESSLY UNDERTAKES NOT TO MANUFACTURE, SELL, LICENSE OR MARKETING IN ANY MANNER WHETHER, DIRECTLY OR THROUGH A THIRD PARTY, FOR ITS PROFIT OR FOR THE PROFIT OF ANY THIRD PARTIES, PRODUCTS, IMITATIONS OR REPRODUCTIONS OF THE PRODUCTS OR INTELLECTUAL PROPERTY RIGHTS IN RELATION TO PRODUCTS AND TRADEMARKS OWNED BY DURAGCELL.
14. FORCE MAJEURE
"FORCE MAJEURE" DESIGNATES ALL EXTERNAL, IRRESISTIBLE AND UNPREDICTABLE CIRCUMSTANCES, OUTSIDE THE REASONABLE CONTROL OF THE PARTY UNDER A CASE OF FORCE MAJEUR.
IF DURAGCELL IS PREVENTED OR DELAYED BY A CASE OF FORCE MAJEURE IN THE PERFORMANCE OF ITS COMMITMENTS, DURAGCELL UNDERTAKES TO INFORM THE CUSTOMER WITHIN 96 HOURS, SPECIFYING THE PRECISE ELEMENTS CONSTITUTING THE FORCE MAJEURE, THE REASONABLY PREDICTABLE DURATION OF THE DELAY OR IMPAIRMENT. DURAGCELL SHALL THEN BE RELEASED FROM RESPONSIBILITY FOR NON-PERFORMANCE OR DELAY IN PERFORMING ITS OBLIGATIONS, BUT UNDERTAKES TO USE ITS BEST EFFORTS TO RESUME IN FULL PERFORMANCE WITHOUT DELAY, IN SUCH A CASE OF FORCE MAJOR, DURAGCELL MAY DISCRETIONALLY TERMINATE THE ORDER OR ANY PART OF IT, WITHOUT ANY LIABILITY, HOWEVER PROVIDED TO REFUND THE CUSTOMER ANY AMOUNTS ALREADY PAID. IN NO WAY, THE CUSTOMER WILL BE ABLE TO INVOKE A CASE OF FORCE MAJEURE TO RELEASE EVEN TEMPORARILY FROM AN OBLIGATION TO PAY A SUM OF MONEY.
15. APPLICABLE LAW - DISPUTES
THESE GENERAL CONDITIONS OF SALE ARE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FRENCH LAW. THE LANGUAGE OF THIS CONTRACT IS FRENCH.
IN THE EVENT OF A DISPUTE, THE FRENCH COURTS WILL BE SOLELY COMPETENT. HOWEVER, PURSUANT TO REGULATION EC 593/2008 OF JUNE 17, 2008, THESE GTCS DO NOT PREVENT THE APPLICATION OF A PROVISION MORE FAVORABLE TO THE CUSTOMER, FROM WHICH IT CANNOT BE EXEMPTED BY AGREEMENT, AND THIS PURSUANT TO THE LAW OF THE COUNTRY WHERE THE CUSTOMER HAS HIS ORDINARY RESIDENCE.
IN THE EVENT OF A DISPUTE RELATING TO THE APPLICATION AND / OR INTERPRETATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE, THE CUSTOMER HAS THE POSSIBILITY OF USING A CONVENTIONAL MEDIATION PROCEDURE OR ANY OTHER ALTERNATIVE DISPUTE SETTLEMENT PROCEDURE. IN ACCORDANCE WITH ORDER N ° 2015-1033 OF AUGUST 20, 2015 AND APPLICATION DECREE N ° 2015-1382 OF OCTOBER 30, 2015, ANY DISPUTE OR LITIGATION OF CONSUMPTION, SUBJECT TO ARTICLE L.612-2 OF CODE OF CONSUMPTION MAY BE THE SUBJECT OF A FRIENDLY SETTLEMENT BY MEDIATION WITH CMAP - CENTER DE MÉDIATION ET D'ARBITRAGE DE PARIS. TO SUBMIT A DISPUTE TO THE MEDIATOR, THE CUSTOMER MAY (I) COMPLETE THE FORM ON THE CMAP WEBSITE: WWW.CMAP.FR “YOU ARE: A CONSUMER” (II) SEND THE REQUEST BY SINGLE OR REGISTERED MAIL TO CMAP MEDIATION CONSUMPTION, 39 AVENUE FRANKLIN D. ROOSEVELT, 75008 PARIS, OR (III) SEND AN EMAIL TO [email protected] WHATEVER THE MEANS USED TO ENTER CMAP, THE CUSTOMER'S REQUEST MUST CONTAIN THE FOLLOWING ELEMENTS TO BE PROCESSED WITH SPEED: HIS POSTAL DETAILS, EMAIL AND TELEPHONES AS WELL AS THE FULL NAME AND ADDRESS OF DURAGCELL, A STATEMENT, AND SUCCINCT THE PROOF OF THE PRIOR APPROACHES TO DURAGCELL.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF LITIGATION, AND IN ACCORDANCE WITH REGULATION No. 1215/2012 OF 12 DECEMBER 2012:
- THE CUSTOMER CAN SEE EITHER THE COURT OF HIS DOMICILE OR THE FRENCH COURTS,
- DURAGCELL MAY SEE THE COURT FROM THE LOCATION OF THE CUSTOMER'S DOMICILE.

The site www..com (hereinafter the "Site") is published by the company,
SIRET: 85292870400018
Phone. : +33 (0) 6 50 98 59 89;
email contact @ .com (hereinafter "").

Host: 1 & 1ionos.com
Address :
REGISTERED OFFICE - 1 & 1 IONOS SARL
7 PLACE DE LA GARE
57200 SARREGUEMINES
Phone. :
1. PURPOSE OF THE GENERAL CONDITIONS OF USE
The Site is an electronic commerce site which makes it possible to offer ready-to-wear, shoes and accessories for sale to Internet users or users browsing the Site.
Access to the Site and the use of its content are subject to these general conditions of use (hereinafter "the T & Cs").
The purpose of these T & Cs is to determine the terms and conditions of use of the Site as well as the rights and obligations of the user.
Please read these T & Cs carefully before using this Site. By accessing the Site, you agree, on each of your visits, to comply with these T & Cs, which are applicable to all the services available on the Site.
Consequently, you must accept, without reservation, these T & Cs in their entirety before using the Site. If this is not the case, you must not use the Site.
reserves the right to update or modify the information and content of the Site at any time, including these T & Cs, without notice. Any modification takes effect upon publication. These modifications are deemed to have been accepted without reservation by any user who accesses them after they are put online. To be informed of these possible changes, we advise you to read the T & Cs regularly.
Any substantial modification of the T & Cs will nevertheless be notified to you.
2. ACCESS TO THE SITE
By using this Site, you acknowledge and warrant that you are at least 16 years of age or, if you are under 16 but over 13 (a "Minor"), that you have obtained the consent of your parents or your legal representative to use this Site and to accept these T & Cs. If you are the parent or legal representative of a Minor, you hereby agree to be bound by the terms of these T & Cs and to be fully responsible for any breach of these terms. by the Minor. If you are under 13, you must not use the Site, nor communicate any information whatsoever about yourself.
Access to the site is free. The costs of access and use of the telecommunications network are the responsibility of the user, according to the terms set by their access providers and telecommunications operators.
3. INTELLECTUAL PROPERTY
This entire Site is covered by international legislation on copyright, trademark law and, in general, on intellectual property, both with regard to its form (choice, plan, arrangement of materials, means of access to data, database or any data organization, etc.), only with regard to each of its content elements (brands, texts, images, videos, etc.). These contents, appearing on the pages of this Site, are the exclusive property of and of its contributors, who do not grant any license or any right other than that of consulting the Site. Reproduction of any content published on the Site is only authorized for the exclusive purposes of information for personal and private use. Any reproduction, extraction or use of content for other purposes is expressly prohibited. As an exception, certain content (texts, images) are the property of their respective authors but remain subject to the same rules and restrictions as those referred to above.
The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than for personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions exposes its author to the sanctions provided for both by the Intellectual Property Code, in particular for copyright infringement (article L.335-1 and following), trademark law (article L .716-1 and following) than by the Civil Code in matters of civil liability (articles 1382 and following).
The creation of hypertext links to any of the pages or elements of the Site can only be done with our prior written authorization. It can be revoked at any time. The sites having a hypertext link directing towards the Site or any of the elements which compose it are not under the control of and consequently declines any responsibility (in particular editorial) concerning the access and the contents to these sites.
The Site may include links to other websites or other Internet sources. Insofar as these sites and external sources cannot be controlled, cannot be held responsible for the provision of these external sites and sources, and cannotbear no responsibility for the content, advertising, products, services or any other information or data available on or from such sites or external sources. In addition, cannot be held responsible for any damage or loss, proven or alleged, consecutive or in connection with the use or the fact of having trusted the content, goods or services available on these sites or external sources.
4. USER'S OBLIGATIONS
You agree not to a) use or allow the use of the Site in an abusive manner, for illicit, fraudulent or malicious purposes, and in particular without this being limiting: (i) by hacking the Site or by introducing malicious code , including viruses, or harmful data in the Site or any operating system; (ii) using a spider or any other system, device or program (automated or otherwise) to extract data or information from the Site or its servers; (iii) sending or storing material containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) by interfering with or undermining the integrity or performance of the Site and the data it contains; (v) attempting to gain unauthorized access to the Site, its associated systems or networks; (vi) attempting to gain unauthorized access to the accounts or personal information of other users.
At any time and for any reason whatsoever, can implement any means allowing to put an end, without notice, to the use of the Site by any visitor who violates these T & Cs, without prejudice to any damage and interest that reserves the right to claim from the visitor for this fact.
5. RESPONSIBILITY OF
endeavors to ensure to the best of its ability the accuracy and updating of the information published on the Site. reserves the right to correct this information at any time without notice.
To the fullest extent permitted by applicable law, cannot incur any liability:
* for any imprecision, inaccuracy, omission concerning the information available on the Site or
* for any damage resulting from an intrusion by a third party leading to a modification of the information made available on the Site or by making access impossible.
Likewise, does not guarantee the uninterrupted or bug-free or virus-free operation of the site. THE USER DECLARES IN THIS TITLE TO ACCEPT THE CHARACTERISTICS AND LIMITATIONS OF THE INTERNET.
6. AVAILABILITY-MAINTENANCE
will use its best efforts to maintain a reasonable level of operation and availability of the Site. reserves the right at any time, without notice, to limit access to the Site and its use by the user in order to perform maintenance operations or make changes. The responsibility cannot be engaged in the event of interruption of access due to these maintenance or updating operations.
7. PERSONAL DATA
ensures the protection of the personal data of visitors and customers of the Site. invites customers and visitors to the Site to consult the Personal Data Charter which specifies in particular the methods of collection, processing, use, transmission, conservation and protection of their personal data.
8. MINORS
The Site is not directed to children under 13 and does not intentionally collect data relating to children under 13. If it is discovered that a child under 13 has shared information about them, it will be deleted from the systems and any associated accounts.
9. APPLICABLE LAW - LANGUAGE
These T & Cs are governed by and subject to French law. They are written in French. In the event that they are translated into one or more other languages, only the French text is authentic in the event of a dispute.
In the context of a dispute arising during the use of the Site and following the failure of a written complaint from the customer or in the absence of a response within a reasonable period of one (1) month , you can, if you wish, use any alternative dispute resolution method and in particular a mediation procedure by accessing the European online dispute resolution platform at the following address: http://ec.europa.eu / odr who will attempt / will attempt, in complete independence and impartiality, to reach an amicable resolution of the dispute. You remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable solution or recourse to mediation, all disputes to which the T & Cs may give rise will be submitted to the competent court of the consumer's domicile.
10. REPORTING ABUSE
You can report any content that you think is illegale at the following address: contact @duragcell.com.

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