Terms of sale
TERMS AND CONDITIONS OF SALE
Last updated on: 24 August 2021
These terms and conditions of sale apply to the sales defined below made by
MANUFACTURE JD operating under the trade name JOSEPH DUCLOS, a French
simplified joint-stock company (société par actions simplifiée) with
share capital of €100,000,
whose registered office is at 7 RUE LEO DELIBES, 75016 PARIS –
France, registered in the Paris Trade and Companies Register under number 884 873 282.
The company's Siret registration number is 88487328200013 and its
intra-Community VAT number is FR03884873282. The phone
numbers are as follows: +store
2. Application and Acceptance of the
Terms and Conditions of Sale
The purchase of products on the website www.josephduclos.com/fr (hereinafter the "Website") and/or by telephone is subject to these terms and conditions of sale ("Terms of Sale"). The Website allows you to order, online, from the company Manufacture JD, a selection of Joseph Duclos branded products, hereinafter the "Product(s)".
Joseph Duclos Products are intended exclusively for sale to end consumers, whether natural or legal persons, to the exclusion of all retailers or intermediaries acting on behalf of retailers. Therefore, the customer represents that they are acting as an end consumer and that they do not intend to resell, directly or indirectly, the Joseph Duclos Products in a commercial capacity, this undertaking being a material condition for JOSEPH DUCLOS.
The customer certifies that they have the legal capacity to enter into the commitments provided for herein.
JOSEPH DUCLOS may update these Terms of Sale from time to time. You can check the current version of the Terms of Sale at any time by going to the "Terms and Conditions of Sale" section of the Website. The contract of sale between you and JOSEPH DUCLOS will include the terms and conditions of your order and the terms and conditions of sale applicable at the time of your purchase, which apply to the exclusion of any other terms and conditions or any conditions implied by trade, customer or business practice.
3. How to Order
If you have any questions about the Products or your orders, you can contact our customer service (hereinafter "Customer Service") by clicking on the "Contact Us" link or by calling us on +33 (0)1 88 40 29 15, from Monday to Saturday (excluding public holidays), from 10 am to 7 pm.
The Website allows you to order online via the Internet from JOSEPH DUCLOS, a selection of Products for collection or delivery under the conditions specified in the "Delivery and Collection Area" section.
You can also order by phone by contacting our Customer Service.
The Website does not allow you to place special orders consisting, particularly, of the creation of a Product that does not or no longer exists in the Joseph Duclos collection, or of the adaptation/modification of a Product from the Joseph Duclos collections by JOSEPH DUCLOS. These Terms of Sale do not, therefore, apply to special orders. For any special order, please contact a member of our sales team by clicking the "Book an Appointment" link in the menu or on the customisation page, or by calling us on +33 (0)1 88 40 29 15, from Monday to Saturday (excluding public holidays), from 10 am to 7 pm.
However, these Terms of Sale will apply to any purchase of products that are customised at your request (see Article 4.2 below).
4. Product Availability
4.1 Provisions Specific to Pre-Orders
A pre-order means the possibility for the customer to reserve certain Products featured on the Website before their release date (hereinafter "Pre-Order").Pre-orders will be delivered within 3 months.
4.2 Provisions Specific to Customisation
Customisation means the possibility for the customer to adapt or customise certain Products from the Joseph Duclos collections (hereinafter "Custom Product").
4.3 Product Availability
Product offers are valid while stocks last because, at the time of order validation, there may be a difference between the stock available electronically and the actual physical stock (for example in the case of simultaneous orders for the same product by several customers). The sale is therefore subject to the availability of Products in stock. In addition, Joseph Duclos reserves title to the Products until payment has been received for the Products in accordance with the provisions of Article 7 below.
The date on which a pre-ordered Product will be available will be expressly indicated on the product sheet. If the availability date changes, you will be immediately informed by email and/or via your customer account.
In the event that a Product is unavailable after you have placed your order, we will inform you by email or telephone as soon as possible, with the possibility of either ordering another Product featured on the Website as a replacement, or cancelling your order.
JOSEPH DUCLOS shall not be held liable in the event that Products are out of stock or unavailable.
JOSEPH DUCLOS reserves the right to change the Products offered on the Website and/or by telephone at any time and without notice.
To ensure a better quality of service and availability of our Products for all our customers, JOSEPH DUCLOS reserves the right to limit the quantity of Products that a customer may purchase, in accordance with applicable legal provisions and particularly Article L. 121-11 of the French Consumer Code.
5.Placing an Order
5.1. Ordering on the Website
5.1.a) Selecting Products
You may add Products to your selection at any time by clicking "Add to Basket".
You can view your selection by clicking on "Basket" in the menu top right where you will see: the photo(s) of Product(s), the colours and reference(s), the amount chosen, the unit price and the sub-total of your selection.
After selecting your Product(s), click on "Basket" to start the ordering process.
You must have a customer account to place an order on the Website:
- If you already have a customer account, you must identify yourself in this step by entering your password.
- If you do not yet have an account, you will be asked to create one by confirming your email address and creating a password later.
Your login and password are strictly personal. Therefore, you agree to keep them safe and not to disclose them to third parties. You agree to inform JOSEPH DUCLOS immediately in the event of loss, theft or any fraudulent use of your customer account.
By creating an account you can:
- track your deliveries and view the history of your orders;
- return or exchange Products (see terms of Article 11 "Return, Exchange and Refund Policy";
- add or change your delivery and invoicing addresses for future orders;
- manage your subscriptions to the Joseph Duclos newsletter.
Unless proven otherwise by the customer, the data saved by the Website form proof of the type, content and date of all transactions between Joseph Duclos and our customers. In the event of a dispute between Joseph Duclos and any customer over a transaction completed on the Website, the data saved by Joseph Duclos shall be deemed valid proof of the transaction content, unless proven otherwise by the customer.
disable your account at any time by sending an email to the Customer Service by
clicking on the "Contact Us" link.
5.2. Confirmation of Website Orders
5.2.a) Delivery Method Confirmation
First you must confirm your delivery method and then complete the delivery information required for the successful delivery of your order: country of delivery, title, first name, last name, phone number, delivery address (or the store where you wish to collect your order, if the selected country of delivery has stores offering this service - see Article "8.1 Delivery and Collection Area") and any other information required to process your order.
have completed this step, click "Continue".
5.2.b) Payment Confirmation
You may use your delivery address as the invoicing address or enter a different address. You will then be asked to select a payment method (see "Article 6. Price – Accepted Means of Payment") and enter the relevant information.
To confirm a pre-ordered Product, a custom Product or any other Product requiring an extended delivery time, you must also authorise JOSEPH DUCLOS to save your bank details until the product is shipped and for a maximum of two (2) months, in order to debit your account when your order is shipped.
You should carefully check your selection before confirming your order. Although every effort is made to ensure that the colour and design of the Products displayed on the Website are true to the original Products, variations can occur, particularly due to technical limitations on the rendering of colours on your electronic devices. JOSEPH DUCLOS shall not be held liable for any non-material errors or inaccuracies affecting the photographs or graphic representations of the Products featured on the Website. The customer is informed that the photographs and representations of Products featured on the Website are not contractual. For any questions concerning Products, you may contact our Customer Service.
For more information about the terms of payment (currencies, accepted means of payment, etc.), please refer to Article "6. Price – Accepted Means of Payment" below.
Once completed, your order is sent to JOSEPH DUCLOS for processing. The contract of sale will be formed once we have received your order, subject to the availability of the Product. We will then dispatch your Product subject to availability (as provided above) and effective payment for the Product.
DUCLOS reserves the right to refuse an order from a customer with whom there is
a dispute over a previous order, or if JOSEPH DUCLOS reasonably believes that
the customer has breached these Terms of Sale or has been involved in any fraudulent
activity, or for any other legitimate reason.
5.2.c) Order Summary
A summary of your order will then be sent to you by email ("Your order has been shipped"). This summary will show the total amount of the order, the delivery charges and delivery time information, and the main characteristics, amount and price of the Products purchased.
We advise you to keep this summary as an electronic document.
You will then receive an email confirming shipment of your order with your electronic invoice as an attachment.
We make every effort to ensure that our communications are sent to you as soon as possible.
We recommend checking your "Spam" mail if you have not received the email confirming shipment.
Article L.213-1 of the French Consumer Code, when an order is placed for an
amount equal to or more than €120, JOSEPH DUCLOS retains the written document
evidencing the contract made between JOSEPH DUCLOS and a customer
electronically for a period commencing from the inception of the contract up to
the delivery date of the product and for a period of ten years thereafter (in compliance
with French Decree No. 2005-137 of 16 February 2005). You then have access to
this document at any time, by making a request to the Customer Service after
proving your identity.
5.3. Ordering by Telephone
You may order a Product by calling our Customer Service (cf. Article "3. Placing an Order"). To place your order, you must provide the following information ("Order Details"):
- Product Information: the name and/or reference number of the product, the amount required and, where applicable, the colour, size, material, finish and any other identification information we need; and
- Personal Data: your title, first name, last name, measurements if necessary, phone number, email address, delivery address and, as applicable, invoicing address.
We will inform you whether the requested Product is available and, if it is, of the purchase price, the estimated collection or delivery date and any delivery charges. Please make sure that the delivery information you provide is correct as any incorrect data could entail a delay or the loss of your order. JOSEPH DUCLOS shall not be liable for any replacement or refund if the information you provided is incorrect.
Concerning the accepted means of payment, you can refer to Article 6 "Price – Accepted Means of Payment". Please note that we cannot accept PayPal payments for telephone orders.
Once the payment made, you will receive a summary of your order. We recommend keeping this email. Joseph Duclos will then process your order.
The contract of sale will be formed once you have placed your order, subject to availability of the Product ordered. We will dispatch your Product subject to its availability (as provided in Article 4) and to effective payment for the Product. You will receive an email confirming shipment when your order has been dispatched.
Ordering data collected by JOSEPH DUCLOS form proof of all transactions between
JOSEPH DUCLOS and our customers. In the event of a dispute between JOSEPH
DUCLOS and a customer over a transaction carried out on the Website, the
Ordering Data collected by JOSEPH DUCLOS shall be deemed conclusive evidence of
the content of the transaction.
Your invoice will be sent by JOSEPH DUCLOS in an email confirming shipment. We make every effort to ensure that our communications reach you in a timely manner. However, some emails may be treated as spam. Therefore, we recommend checking your spam mail if you have not received the email confirming shipment.
You may also download your electronic invoices in the "Your Orders" section of your customer account. A customer account is created automatically for each order. To have access to your electronic invoices, you must log in to your account. If you have never logged in before, you can click on the account confirmation email to create a password or you can create a password directly on the Website by clicking on "forgotten password".
If you would like to receive a printed version of your invoice, you can make a request to our Customer Service within one (1) month of the shipment of your order.
6. Price – Accepted Means of Payment
The prices of Products are indicated in Euros, inclusive of tax. Except for cases of refunds made (i) following the exercise of the right of withdrawal or due to (ii) non-conformity and hidden defects, JOSEPH DUCLOS will not refund the VAT applied to Website purchases (even if, after receipt, the buyer sends the Products back to a third country).
Products are invoiced on the basis of the rates displayed on the Website at the time of placing your order, subject to availability.
are payable in Euros and must be paid at the time of placing your order. If
some of the Products ordered are unavailable (see Article 4 "Product
Availability"), only the price and delivery charges of available Products
will be debited.
6.2. Accepted Means of Payment
6.2.a) Payment by Credit or Debit Card
Accepted debit and credit cards are: Visa®, MasterCard®, American Express®, Carte Bleue®, Maestro, Discover, JCB®, Union Pay®, Alipay, Apple Pay, Wechat Pay. Bankcard payments are authenticated and secured thanks to the 3D Secure system. This system is also known as "Verified by Visa®", "MasterCard® SecureCode" or "American Express SafeKey®". When making payment, the bank asks the internet user to provide personal data to check the identity of the cardholder and validate the transaction.
How to Pay with 3D Secure on josephduclos.com
After confirming your bank details (card number, expiry date and card security code), a new page will display on which you must enter the personal data requested by your bank. This data may be:
- the answer to a personal question;
- a password you have chosen beforehand;
- a code sent by SMS,
- your date of birth, etc.
Once the 3D Secure code entered and validated by your bank, your order is finalised. You will then receive a confirmation email.
Authentication is specific to each bank. For any question concerning your 3D Secure code, please contact your bank directly.
can only be shipped after verification of your payment method and receipt of
the authorisation to debit your card. Your card will be debited at the time
your Order is shipped.
6.2.b) Payment by Paypal
We accept payments by Paypal (except for orders by phone, Pre-Orders and Customisations).
If you opt
for payment by Paypal, you will be automatically redirected to the Paypal
platform. If you do not have a PayPal account, you will be able to create one.
After validation of your order with Paypal, you will be directed back to the
josephduclos.com confirmation page.
7.Reservation of Title
Products ordered remain the property of JOSEPH DUCLOS until the price has been paid in full to JOSEPH DUCLOS.
However, you are liable for the risks (particularly loss, theft or damage) relating to the Products delivered from the time they are delivered to the address indicated in the order or as soon as they are picked up in the case of in-store collection.
8. Terms of Delivery and In-Store Collection
8.1. Delivery and Collection Area
8.1.a) Delivery to a Postal Address
Products purchased on the Website and/or by telephone can be delivered in mainland France, the European Union and the rest of the world (except for: Cuba; Venezuela; Sudan; Yemen; Iran; Turkmenistan; Tajikistan; Burma; North Korea).
For security reasons in particular, Joseph Duclos will not process any order for which a poste restante address or P.O. box is provided.
Products are shipped to the delivery address you indicated when placing your order.
the right to request a signature and a valid ID document upon delivery (e.g.
passport or driving licence).
8.1.b) In-Store Collection
You may collect your order placed on the Website and/or by telephone from a store. This service is free of charge and is currently only available at the store located in Paris, at 54, rue du Faubourg Saint-Honoré, 75008.
You may also
instruct another person to collect your order from the store (see Article
"8.3 Delivery and Collection Times").
8.2. Delivery Charges
delivery services, the amount of delivery charges is calculated according to
the Products chosen, the total value of your order and the delivery method
8.3. Delivery and Collection Times
When you place your order, we will inform you of the estimated delivery time, which will be confirmed in the order shipment confirmation. The delivery times below commence from the moment your order is shipped.
delivery times below are estimated times that may be extended in exceptional
8.3.a) Delivery to a Postal Address
place your order, we will inform you of the possible delivery times and methods
for the Products purchased and the country of delivery chosen. This amount will
be payable by you in addition to the price of the Products purchased.
8.3.b) Delivery in France and the European Union
When you place your order on the site, for France and the European Union, Joseph Duclos will inform you of the delivery time as well as the different delivery options available for the products ordered.
The indicative delivery time for any order placed before 1:00 p.m. on weekdays is from 2 to 7 working days depending on the area.
All orders placed on the Joseph Duclos website will be delivered free of charge in standard delivery and will be charged €15 in express delivery until 31 December 2021.
Duclos reserves the right to split deliveries. Your credit card or payment card
will be debited in the same way to correspond to the price of the Products
actually delivered. Shipping costs will only be invoiced for a single shipment
and in accordance with the information provided in your order summary.
8.3.c) Delivery in the world
When you place your order on the site, for the rest of the world, Joseph Duclos will inform you of the delivery time as well as the various delivery options available for the products ordered.
The indicative delivery time for any order placed before 1pm on weekdays is from 1 to 15 working days depending on the area.
All orders placed on the Joseph Duclos website will be delivered free of charge in standard delivery and will be charged €25 in express delivery until December 31, 2021.
All taxes and duties are collected at the time of payment.
Duclos reserves the right to split deliveries. Your credit or debit card will
be split in the same way to correspond to the price of the Products actually
delivered. Shipping costs will only be invoiced for one shipment and in
accordance with the information provided in your order summary.
8.3.d) In-Store Collection
You will be sent an email once your order is available for collection in a store.
For collection from a Joseph Duclos store in France, your Products will be available within:
- One (1) to two (2) business days for any order placed and confirmed before 1 pm, on a business day;
- two (2) to three (3) business days for any order placed and confirmed after 1 pm, on a business day.
To collect your order, please ask a sales assistant in the store and provide:
- the email informing you that the order is available (printed out or on your telephone); and
- your ID document.
If you have opted for collection by another person, that person must ask a sales assistant and present:
- the email informing you that the order is available;
- written instructions from you authorising them to collect your order;
- a copy of your ID document; and
- their own ID document.
three (3) weeks to pick up your order after the date you receive the email
informing you of its availability in a store. Thereafter, JOSEPH DUCLOS
reserves the right to cancel and refund the order.
9. Delivery Problems
Any failure to deliver or delay in delivery, or in making your Products available in a store, which exceeds the delivery times mentioned in Article 8.3, must be reported to our Customer Service as soon as possible. Any complaint made more than thirty (30) calendar days after your order validation date shall not be taken into account.
In the event of failure to meet the delivery time (except for force majeure), you may cancel the order by contacting our Customer Service.
JOSEPH DUCLOS will then be obliged to refund you for all amounts paid, at the latest within fourteen (14) days of the date of cancellation of the contract of sale. However, if you receive the Product after using this option, you must return it according to the terms of return provided in Article 11 below.
You must check the conformity of the Products at the time of delivery and indicate the faults detected (parcel opened, damaged product, etc.), if possible on the delivery slip, in the form of handwritten reservations complete with your signature.
then contact the Customer Service (cf. Article 3). If the Products purchased
are not compliant or are not to your satisfaction, you may return them or
request an exchange or refund in the manner set forth in Articles 10
"Right of Withdrawal" and 11 "Return, Exchange and Refund Policy".
10. Right of Withdrawal
10.1. Right of Withdrawal and Withdrawal Period
In accordance with French and European law, the consumer has a period of fourteen (14) days from the delivery date of the Product to exercise their right of withdrawal, without having to justify their reasons or pay any penalty, in order to obtain an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notifying the vendor of the consumer's decision to withdraw.
part of its general return policy (to request a refund or exchange), JOSEPH
DUCLOS allows you to withdraw for a period of thirty (30) days from the
delivery date of the Products rather than fourteen (14), without having to
justify your reasons or paying any penalty. Thereafter, you will no longer be
able to exercise your right of withdrawal.
10.2. Exercising the Right of Withdrawal
We give you the possibility of filling in and submitting your declaration of withdrawal online by logging in to your customer account. You will then promptly receive a confirmation of your withdrawal by email.
also send your request to withdraw by contacting our Customer Service or use
the model withdrawal form available in the appendix to these Terms of Sale.
10.3. Restriction on the Right of Withdrawal
accordance with Article L. 221-28 of the French Consumer Code, your right of
withdrawal cannot be exercised for orders for (i) perfume products that have
been opened, unsealed or used (including when the outer transparent film has
been removed), for hygiene reasons, or for (ii) custom Products, unless said
Products are returned because they are defective.
10.4. Consequence of the Right of Withdrawal
context of exercising the right of withdrawal or in the event of a Product
non-conformity, you may return the Product(s) purchased and ask for an exchange
or refund in the manner described in Article 11 below.
11. Return, Exchange and Refund Policy
11.1. To the Josephduclos.com Website
11.1.a) Free Return
Within the framework of exercising the right of withdrawal, Products must be returned in their original condition and packaging (the box and if possible the shipping carton), together with the purchase invoice or a copy in case of partial return.
In the case of an exchange or request for a refund, the return of a Product is free of charge. You must return the Products to us via our carrier, within thirty (30) days of your declaration of withdrawal, using our system of prepaid return labels. Log in to your customer account and click on "Request a Refund" or "Request an Exchange" in the "Your Orders" section.
If you cannot or do not wish to use the prepaid return label service, please contact our Customer Service which will register your return. You can then return your parcel to the address provided by our Customer Service, within a maximum of thirty (30) days.
In this case, we strongly advise you to take out the insurance provided by your carrier as you will be exclusively liable for the return of the Products. JOSEPH DUCLOS will not be liable for any loss, return to the wrong address or delayed delivery of a Product that you wish to return to the Website, insofar as you alone will bear the risks of the transportation that you choose.
JOSEPH DUCLOS undertakes to reimburse you for the cost of standard delivery including parcel tracking. You should, therefore, insert the delivery invoice with the tracking number in your return parcel.
In the event of an exchange, the standard delivery charges of the first order will be refunded and the costs of the second delivery will be charged according to the delivery method chosen.
Under no circumstances will it be possible to give you a credit note to use on the Website or in a Joseph Duclos store.
We do not currently offer the possibility of
requesting an exchange or refund for Products purchased in a JOSEPH DUCLOS
store via the Website.
If you request an exchange, please specify in the dedicated field the replacement Product(s) you wish to receive for your order.
If you would like to have your chosen product(s) set aside for you, please contact our Customer Service.
If the value of the Product(s) chosen as a replacement is greater than the value of the returned Product(s), you will be required to pay the difference in price by credit or debit card using our secure payment service. Please note that we are unable to accept PayPal payments for the payment of any price difference following an exchange.
If the value of the Product(s) chosen as a replacement is less than the value of the returned Product(s), the price difference will be refunded to you by JOSEPH DUCLOS (please note that for gifts, only the customer who purchased the gift may request the refund and have their bank account re-credited).
In the event of an exchange, the delivery charges of the first delivery will be refunded, but the delivery charges of the second shipment will be charged according to the delivery method chosen.
Please note that the exchange will take place subject to available stock, within seventy-two (72) working hours of receipt of the product(s).
the foregoing, custom Products cannot be exchanged.
If you request a refund, it will be made within seventy-two (72) working hours of receipt of the Product(s). You will be sent a confirmation email. The refund, including the delivery charges of the initial order, will then be made using the same payment method as the one you used at the time of ordering and it will be made in the same currency as the currency used to pay for your order.
note, however, that your bank may take up to ten (10) business days to process
a refund to your card, depending on processing times. This varies between card
issuers and JOSEPH DUCLOS is not able to speed up this process which is beyond
11.1.d) Gifts Ordered on the Website
Third-party recipients of gifts ordered from the Website can only exchange the Products via the Website return procedure. Consequently, only the customer who purchased the gift will be able to request a refund within the framework of their right of withdrawal (insofar as only the bank account of the person who ordered the product can be re-credited).
case, only an exchange for a Product of equivalent or higher value (the
difference in price must be paid by the third-party recipient of the gift) is
possible. The third-party recipient should contact our Customer Service.
Specific Products ordered on the Website and Orders paid for with PayPal
11.1.e) (i) Return Policy Applicable to Perfume Products
Perfume products must not be opened and must be returned in their original packaging with the tamper-protection sticker unopened. In the event of return of a defective or damaged Product, the customer must ensure that the bottle is still airtight; if it is not, they should contact our Customer Service.
11.1.f) Return, Exchange and Refund of Orders paid for with PayPal
If an exchange is requested for an order paid for with PayPal, your credit or debit card details will be required if the value of the new order is higher than the original order. Any additional amount due over and above the amount of the initial order can only be paid by bank card. We cannot accept payment by PayPal for the additional amount due in respect of an exchange order. If the value of the new order is equal to the initial order, you will not need to provide your bank card details and no new payment will be required.
If you request a refund of an order paid for by Paypal, your PayPal account will be credited with the amount of the initial order.
11.2. To JOSEPH DUCLOS Stores
11.2.a) For Products delivered to a Postal Address
Any Product purchased, or received as a gift, from the Website can be exchanged in the following manner:
- go to the JOSEPH DUCLOS store at 54 rue du Faubourg Saint-Honoré in Paris, which provides the Product exchange service;
- the returned Products must be in their original condition and packaging;
- the Products must be returned with the purchase invoice or a copy in the case of a partial return;
- the delivery charges of the first order for a Product placed on the Website will not be refunded when you return the Product for exchange to a Joseph Duclos store.
To request a refund of a Product purchased on the Website in the context of exercising your right of withdrawal, please proceed as indicated above in the previous paragraph "11.1. To the josephduclos.com Website".
11.2.b) For Products Collected in Store
For any order collected from a store, you can request:
- an exchange with collection from the store at 54 rue du Faubourg Saint Honoré in Paris,
- a refund (except for an order received as a gift). The store will send your articles back to josephduclos.com which will proceed with the refund within fourteen (14) days. The refund will be made via the same payment means as the one used to place your order
12. Legal and Commercial Warranties
12.1. Legal Warranties
The Products sold by JOSEPH DUCLOS are subject to the legal warranties provided for by Articles L.217-4 to L.217-14 of the French Consumer Code and by Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
- Legal Warranty of Conformity:
JOSEPH DUCLOS shall deliver a Product conforming to the contract and free from non-conformities upon delivery of said Product, meaning that the Product will be fit for the purpose normally expected of a similar type of good and will have the characteristics described at the time of the sale. JOSEPH DUCLOS shall also be liable for any non-conformity affecting the packaging, and the assembly or installation instructions when such assembly or installation was covered by the contract or carried out under its responsibility. This warranty shall only apply if you make the request within two years of delivery of the goods. Any non-conformity appearing within twenty-four (24) months of delivery is deemed to exist at the time of delivery, unless proven otherwise.
You may choose between the repair and replacement of a Product unless either option would entail a manifestly excessive cost for JOSEPH DUCLOS. If the Product cannot be repaired or replaced, you may either obtain a refund of the price paid and return the Product, or keep the Product and obtain a partial refund of the price, unless the non-conformity is minor. The Product will be repaired, replaced or refunded at no expense to you and this will not prevent the award of damages in the event that you are entitled. The legal warranty of conformity applies independently of the commercial warranty mentioned in Article 12.2 below.
- Legal Warranty against Hidden Defects:
JOSEPH DUCLOS will deliver a Product free from hidden defects rendering it unfit for its intended use, or which so impair such use that you would not have purchased it, or would only have paid a lesser price if you had been aware thereof. This warranty shall only apply if you make the request within two (2) years of detecting the defect.
In the event of a hidden defect, you can choose either to return the Product and obtain a refund of the price and expenses incurred by the sale, or keep the Product and obtain a partial refund of the price. In all cases, it will be for you to prove that the conditions of the warranty are met.
In the event of any non-conformity or hidden defect, you must return the Products to JOSEPH DUCLOS by contacting our Customer Service.
12.2. Commercial Warranty
Some Products sold on the Website are covered by a commercial warranty in addition to the legal warranties mentioned in the previous article. The content and terms and conditions of this commercial warranty are available on the Website in the "Contact Us" section and in the Product FAQ. You can read these terms before purchasing any Product to which this warranty applies.
14. After-Sales Service and Availability
of Spare Parts
Any technically repairable Product benefits from an after-sales service. For any repair, please contact our Customer Service or visit the store at 54 rue du Faubourg Saint-Honoré, 75008 Paris.
accordance with Article L.111-3 paragraph 1 of the French Consumer Code, JOSEPH
DUCLOS confirms that no period of availability of spare parts necessary to use
the Products is guaranteed. However, JOSEPH DUCLOS will make every effort to
satisfy its Customers if one or more spare parts are requested.
15. Limitation of Liability and Force
Under no circumstances shall JOSEPH DUCLOS incur any liability for any harm caused other than by the failure of JOSEPH DUCLOS to fulfil any of its obligations.
JOSEPH DUCLOS shall not incur any liability in the event that the non-fulfilment of its obligations is due either to the unforeseeable and unavoidable act of a third party to the Terms of Sale, particularly during delivery, or to a force majeure event.
Similarly, JOSEPH DUCLOS shall not incur any liability for any consequences or damage inherent in using the Internet, particularly a service interruption, external intrusion or the presence of computer viruses.
In the case of a fortuitous or force majeure event that prevents or delays the supply of Products, the fulfilment by JOSEPH DUCLOS of its obligations relating to the supply of such Products would be suspended.
JOSEPH DUCLOS will notify the customer of the occurrence of any fortuitous or force majeure event within two (2) days of said occurrence.
When the fulfilment of its obligations by JOSEPH DUCLOS is suspended for more than sixty (60) days, the customer may terminate the order and the Vendor will then refund the corresponding amount, in accordance with these Terms of Sale.
It is expressly agreed that the occurrence of impediments directly related to COVID-19 and relating to the supply, manufacture, delivery, forwarding and transportation of the Products shall constitute a force majeure event within the meaning of these Terms of Sale.
Should any provision of these Terms of Sale be cancelled, such invalidity shall not affect the validity of the other provisions of these Terms which shall remain in force between the Parties.
Any forbearance by either Party in availing themselves of a commitment by the other Party to fulfil any obligation mentioned herein shall not be construed as a waiver of the obligation in question for the future.
18. Governing Law – Disputes
These Terms of Sale shall be governed by and construed in accordance with the laws of France. In the event of any dispute arising out of or in connection with the application and/or interpretation of these Terms of Sale, you may contact our Customer Service (see Article 3). Regardless of how you submit your request to the Centre for Mediation and Arbitration of Paris (CMAP), it must contain the following information to be processed promptly: Your postal and email addresses and phone number and the full name and address of Joseph Duclos, a brief presentation of the facts, and proof of the prior steps taken with Joseph Duclos.
In addition, the European Commission provides an alternative dispute resolution platform that allows consumers to settle disputes relating to online orders out of court. Link to the dispute resolution platform: ec.europa.eu/consumers/odr/
APPENDIX: MODEL WITHDRAWAL FORM
If you would like to exercise your right of withdrawal, in compliance with the provisions of Article 10, you may use the form below:
To: josephduclos.com France - Service Retours – 54 rue du Faubourg Saint-Honoré - 75008 Paris – France.
I hereby notify you of my withdrawal from the contract of sale for the following product or products:
- Name(s) and reference(s) of the article(s):
- Ordered on:
- Received on:
- Order no.:
Name of customer who placed the order:
Address of customer who placed the order:
Customer's signature if notification is given via this form on paper: