Terms and Conditions
D.P.I Company
1. SCOPE
1.1 These terms and conditions (hereinafter referred to as the ‘T&Cs’) apply without restriction or reservation between:
- D.P.I, a limited liability company with a share capital of €113,000, whose registered office is located at 15 boulevard des nations Parc Eole 14540 BOURGUEBUS, and registered in the CAEN Trade and Companies Register under number 318 673 423 (hereinafter ‘the Company’)
- and any consumer within the meaning of French law and case law (hereinafter the ‘Purchaser’), browsing the commercial website available at https://www.meubles-macabane.com (hereinafter the ‘Website’) operated by the Company and placing an order for the Company's products available on the Website (hereinafter the ‘Product(s)’)
1.2 The GTC specify, in particular, the terms and conditions for ordering, payment, delivery and management of any returns of products ordered by the Buyer. They apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales.
1.3 The Buyer is invited to read the GTC carefully, which can be consulted at any time via a hypertext link on all pages of the Site.
Prior to any transaction, the Buyer must read the GTC and confirm their acceptance of the GTC by ticking the box ‘I accept the General Terms and Conditions of Sale’.
1.4 The Company reserves the right to adapt, modify or update the GTC at any time.
The GTC applicable to an order are those in force on the day the order is confirmed by the Buyer.
2. PRODUCTS
2.1 The Products offered for sale on the Website are those available at the time of confirmation and payment of the order by the Buyer.
The Company reserves the right to modify the Product offering at any time by adding, replacing or removing Products, without prejudice to orders placed by the Buyer.
2.2 Each Product is presented on the Website in accordance with legal requirements, with its main characteristics, including specifications, illustrations and indications of dimensions or capacity.
The Products will be presented as accurately as possible using detailed descriptions and photographs. However, due to differences in screen display (lighting, resolution, calibration, etc.), a perfect visual match (colours, textures, shades) cannot be guaranteed. They are for information purposes only and have no contractual value; as such, the Company cannot be held liable for them.
The Product may therefore differ slightly from the images on the Website, without this constituting grounds for cancellation or complaint on the part of the Customer. In any event, provided that the differences do not relate to the essential characteristics of the Products and do not affect their quality, they cannot justify cancellation of the order and/or refusal of delivery.
2.3 The Buyer acknowledges that they have all the information necessary to place and confirm their order.
2.3 The Products presented on the Website are available while stocks last. If a Product is unavailable, the Company undertakes to inform the Buyer as soon as possible, either when the order is placed, or after the order has been registered and before delivery, by email.
In the event of total or partial unavailability of a Product after the order has been placed, the Buyer will be informed by email of the delivery of a partial order or the cancellation of their order.
In the event of unavailability of the Product, the order amount will be recalculated and the Buyer will be charged the new amount, minus the missing products.
If the order is completely unavailable, the Buyer will be notified by email and will not be debited or will be refunded. In this case, the Company cannot be held liable for any loss suffered by the Buyer, nor will it be liable for any damages.
2.4 The Company also offers second-hand products for sale (hereinafter referred to as ‘Second-Hand Products’). These are returned products with slight cosmetic defects or signs of use. These Second-Hand Products are neither exchangeable nor accompanied by spare parts.
These Second-hand Products are covered by the legal guarantee of conformity. However, for Second Chance Products, conformity defects are presumed to exist at the time of sale for a limited period of twelve (12) months.
3. PRICES
3.1. The prices indicated on the website are in euros, including all taxes (VAT included).
3.2. Preparation, packaging and delivery costs are not included, unless otherwise stated, and are specified at the time of ordering. These costs will be displayed automatically when the Buyer confirms the order.
3.3. The Company reserves the right to modify its prices at any time. The applicable prices are those in force at the time of order confirmation by the Buyer, subject to the availability of the Products on that date.
4. ORDERS
4.1. The Buyer may place an order for Products offered for sale on the Website provided that they have the legal capacity to enter into a contract. Minors may not place orders on the Website.
As part of the ordering process, the Buyer guarantees the accuracy of the information they provide and guarantees that they have the capacity to enter into a contract.
4.2. The Buyer shall refrain from reselling the Products for commercial purposes.
4.3. Failure by a Buyer to comply with the conditions of Article 4 entitles the Company to refuse the order.
4.4. When the Buyer's order is for an amount equal to or greater than £120, the Company shall ensure that the order is stored in writing using the [Sage] software package, which shall retain it for a period of 10 years and guarantee access to it at any time to the Buyer if the latter so requests.
5. ORDERING PROCESS
5.1. The ordering process implemented on the Website complies with the provisions of Article 1369-5 of the Civil Code specifying the terms and conditions for concluding contracts in electronic form. This ordering process takes place as follows:
- Step 1: selection of the Product(s) by the Buyer
The Buyer selects their Product(s) on the Website by adding them to their basket and then confirms their virtual basket after checking its contents. By confirming their basket, the Buyer initiates the ordering process.
- Step 2: identification of the Buyer
The Buyer fills in the information relating to their identity, delivery address and billing address.
The Buyer undertakes to provide accurate information about their identity, including their title, surname, first name, date of birth, telephone number and email address.
- Step 3: choosing the delivery method
The Buyer chooses their delivery method and is informed of the delivery costs and delivery times for the Products.
- Step 4: order summary
An order summary is displayed, specifying the essential characteristics of the order, the quantity, the unit price of the Products and their availability, any delivery costs and the total amount of the order.
- Step 5: payment for the order
The order is payable in full on the day the order is placed, according to the following terms:
- by credit card via SYSTEMPAY: Visa, American Express, MasterCard or other debit cards
- by PayPal
- by ApplePay or Google Pay
The Buyer must enter their credit card number, expiry date and security code. By making this payment, the Buyer guarantees that they are fully authorised to use a payment card to pay for their order and that this card gives access to sufficient funds to cover all costs resulting from this order.
5.2. The Buyer must read these T&Cs, which will be available via a hyperlink, and must tick the box ‘I accept the T&Cs’.
5.3. In any event, the Buyer may return and view all the steps of the order at any time before the final confirmation of payment, in order to modify or cancel it by clicking on the ‘Modify order’ button.
6. TERMS OF PAYMENT
6.1. Credit card payment details are exchanged in encrypted mode using the protocol set up by SYSTEMPAY, in accordance with French and international interbank regulations. This solution allows the Buyer to purchase Products in complete security. The bank details of the Buyer paying by credit card are not stored by the Company and are transmitted directly to the banking institution "Banque Populaire Grand Ouest ".
6.2. The Company shall not be required to deliver the Products ordered by the Buyer if the latter does not pay the full price in accordance with the above conditions.
6.3. In the event that, for any reason whatsoever (exceeding the order limit, opposition, refusal by the issuing centre to authorise payment, etc.), it proves impossible to debit the sums owed by the Purchaser, the order will not be registered by the Company, which will immediately inform the Purchaser by email. The Company then reserves the right to suspend or cancel any order and/or delivery.
6.4. The invoice sent to the Purchaser after delivery will include the information provided by the Purchaser in their customer account. The Buyer may modify this information when placing a new order on the Website.
If the Buyer is acting in a professional capacity, they shall provide the Company, when confirming their order, with all the information necessary to issue a professional invoice, including their intra-Community VAT number.
7. ORDER CONFIRMATION
7.1. After the Buyer has confirmed the order, a printable and savable summary of the order is displayed, summarising all the essential terms and conditions of the order, including the order references.
The Company also informs the Buyer that a confirmation email will be sent to them as acknowledgement of receipt of the order.
7.2. The Company sends an order confirmation email to the email address provided by the Buyer as soon as possible after payment has been validated. This email, which serves as confirmation of receipt of the order, details all the essential terms and conditions of the order, namely:
- the order reference;
- the identity and contact details of the Buyer;
- the nature, quantity and price of the Products;
- a reminder of the delivery times, costs, terms and conditions and any restrictions;
- the total amount of the order (including delivery costs);
- information relating to the identity of the Company and its contact details;
- the Buyer's rights and guarantees as set out in the GTC, as well as the delivery times and terms and conditions for exercising their right of withdrawal as set out in these GTC;
- the withdrawal form;
- where applicable, the fact that the Buyer is responsible for the cost of returning the Product in the event of withdrawal;
- the invoice, proof of payment confirmation;
- a statement that an email specifying the parcel number linked to the order will be sent to the Buyer when the order is dispatched.
7.3. In the event of suspicion of fraudulent nature of an order, the Company reserves the right to request, as soon as possible, additional documents from the Buyer in order to verify the non-fraudulent nature of the order.
If the Buyer does not respond to this request within fourteen (14) days of the request being sent, the order will be cancelled.
The Company will then proceed, within fourteen (14) days of receiving the cancellation request, to refund the order using the payment method used by the Buyer.
8. SHIPPING OF THE ORDER
8.1. Orders are processed within a maximum of 8 days from the date of order confirmation.
8.2. It is reminded that the order is only validated and shipped after confirmation of the validity of the payment made by the Purchaser. Once the order has been confirmed and validated, it is shipped to the delivery address provided by the Purchaser during the ordering process.
8.3. The Buyer will receive an email notification of dispatch, in which the Company will specify:
- the parcel number so that the Buyer can track it,
- the nature, quantity and price of the Products,
- the total amount of the order,
- the billing and delivery details,
- information relating to guarantees as set out in the GTC,
- the Buyer's rights, in particular a reminder of the conditions, time limits and procedures for exercising their right of withdrawal as set out in these GTC, accompanied by the withdrawal form.
9. ORDER CANCELLATION
The Buyer may request the cancellation of their order in accordance with the following terms and conditions:
- Order being processed: Cancellation can be made via the customer area as long as the order is not being prepared. The refund will be made within fourteen (14) days to the payment method used.
- Order already shipped: In this case, the Buyer must refuse delivery or the parcel at the collection point. The refund will be made within fourteen (14) days of the product being returned to our warehouses, less the return costs indicated in our FAQ.
- Absence at the time of delivery: If the Buyer is absent during two delivery attempts, the order will be automatically cancelled. Return costs will then be deducted from the refund.
10. DELIVERY AND RECEIPT OF THE ORDER
10.1. Delivery terms
10.1.1. The delivery of the Products is provided, according to the option chosen by the Buyer when placing the order, either:
- by various carriers, namely Geodis, GLS, UPS, etc.
- via the Click & Collect service
10.1.2. If delivery cannot be made on the agreed date, additional delivery charges may be applied, in particular due to:
- the absence of the Purchaser;
- the Buyer's failure to collect the parcel;
- a lack of information on access conditions requiring specific means;
- or failure to make an appointment.
10.1.3. Delivery corresponds to the moment when the customer physically takes possession of the products or acquires control of them.
It is the customer's responsibility to:
- check that the products can be delivered via the access points to the delivery location (dimensions, weight, stairs, lifts, etc.);
- provide accurate and complete contact details;
- ensure that their name is clearly indicated at the delivery location.
10.2. Delivery time
10.2.1. Products available in stock are shipped to mainland France within an average of four (4) working days from the date of order confirmation and full payment. For products not available in stock, an estimated delivery time is specified on the relevant product page.
The Company undertakes to use all reasonable means to meet the announced delivery times. However, these delivery times are provided for information purposes only and cannot be guaranteed in the event of force majeure, in particular in the event of a strike outside the Company.
10.2.2. The Purchaser must notify the Company of any delivery delay as soon as possible. The Company will then launch an investigation with its service providers. If, during this investigation, the order is found, it will be immediately re-routed to the delivery location specified in the order.
10.2.3. If delivery has not been made within twenty (20) days of the order confirmation, the Purchaser may request that the Company resend the order by sending a formal notice by registered letter with acknowledgement of receipt.
If the Company has not complied within a reasonable period of time from receipt of the formal notice, the Buyer may terminate the contract by registered letter with acknowledgement of receipt, thereby cancelling the order.
The sums paid by the Buyer shall be refunded in full within fourteen (14) days of the date on which the contract was terminated.
10.3. Receipt of delivery
10.3.1. Delivery of the order shall be deemed to have been made upon delivery of the Products to the Buyer, as evidenced by the signature of a delivery note or the signature of the Buyer.
10.3.2. The Buyer must check the condition and contents of their order upon delivery. Any anomaly (missing or damaged product, etc.) must be noted on the delivery note with specific reservations. Generic statements such as ‘subject to unpacking’ will not be accepted.
For deliveries of several parcels on pallets, the Buyer must check the exact number of parcels with the carrier.
10.3.3. Upon delivery, the Buyer will receive an invoice detailing the price of the Products ordered.
10.3.4. The Buyer has 72 hours from delivery to send any complaints to the seller in writing (sav@meubles-macabane.com), accompanied by all supporting documents (photos, etc.). . After this period, the products will be deemed to be compliant, and no complaints will be considered.
The Company will then immediately contact the Buyer to inform them of the steps to be taken.
10.3.5. After verifying the non-conformity and/or defect claimed, the Company will, at the Buyer's discretion, either (i) make a new delivery in accordance with the order, subject to availability, or (ii) repair the Product, or (iii) exchange the Product for a similar Product, or (iv) cancel the order, without any cost to the consumer. Please note that the old furniture must be returned before any other action is taken by the Company.
In the event of cancellation of the order, the Company shall refund the sums paid by the Purchaser, including any return costs incurred by the consumer in order to return the non-compliant Product, within a maximum period of thirty (30) days from receipt by the Company. No other compensation may be claimed from the Company.
10.3.6. Under the terms of Article L. 217-22 of the Consumer Code, the existence of the action for compliance with the warranty cannot have the effect of depriving the consumer of the right to exercise the action for hidden defects as provided for in Articles 1641 et seq. of the Civil Code.
11. PRODUCT RETURNS AND RIGHT OF WITHDRAWAL
11.1. Return of used products
In accordance with the regulations relating to eco-participation, the Company offers Purchasers the free return of their old products under the following conditions:
- when purchasing a Product subject to eco-participation, the Purchaser may request the return of a used product of equivalent nature, size and weight;
- the return shall take place at the time of delivery, at the same address;
- the request must be made at the time of ordering via the form available on our Website.
No returns will be possible after delivery.
11.2. Consumer right of withdrawal
In accordance with the legal provisions in force, the Purchaser has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal from the Company, without having to justify their reasons.
The withdrawal period starts from the day after receipt of the Products. If this 14-day period normally expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The right of withdrawal may be exercised online using the withdrawal form available on the Website or by sending an email containing the same information as the standard withdrawal form to the following address: D.P.I SARL – 15 BOULEVARD DES NATIONS PARC EOLE 14540 BOURGUEBUS
The Company shall inform the Buyer by email of the receipt of their withdrawal request as soon as it is received. The Buyer must then follow the instructions given in this email to return the Products.
If the Products are not returned within 14 days of the date of actual receipt of the order, the order shall be deemed final and no refund shall be made under the Buyer's legally recognised right of withdrawal.
The Company undertakes to refund the Buyer within 14 days of receipt of the parcel at our premises, according to the method of payment used by the Buyer. The costs of returning the Products, in the event of exercising this right of withdrawal, shall be borne by the Buyer, it being specified that the Products must be returned in their original packaging or any other equivalent packaging suitable for their nature and transport without damage.
12. TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
The transfer of ownership of the Company's Products to the Purchaser shall only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto shall only take place at the time of taking possession of the Products.
13 – PRODUCT WARRANTY / LIABILITY
13.1. Product warranty / liability
The Products supplied by the Company are automatically covered, without additional payment and independently of the right of withdrawal, in accordance with the legal provisions:
- the legal warranty of conformity: it is reminded that under the legal warranty of conformity, the Purchaser has a period of two years from the delivery of the goods to take action against the Company.
The Purchaser may then choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.
The Purchaser is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty -four months following delivery of the Product, except for second-hand goods, for which the period is extended to six months (Article L 217-7 of the French Consumer Code).
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
- the legal warranty against hidden defects: It is reminded that under the legal warranty against hidden defects, the Buyer has a period of two years from the discovery of a hidden defect in the item sold that renders it unfit for use to take action:
The Buyer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code.
In this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The legal warranty against hidden defects applies independently of any commercial warranty that may be granted.
The following are specifically excluded from these warranties:
- damage to the Product resulting from normal wear and tear, taking into account its nature, function, composition and price;
- slight differences observed on the Products;
- damage or deterioration resulting from misuse, storage, preservation or assembly (failure to follow instructions), lack of maintenance, or use that does not comply with technical or usage specifications (failure to follow maintenance and servicing instructions);
- materials that have been transformed or modified without the manufacturer's prior written consent, damage caused by external objects, external events such as accidents, impacts, fires, acts of vandalism, water damage, natural or artificial light (in the event of discolouration), natural disasters or bad weather.
14 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
By express agreement and without this list being exhaustive, the following constitute cases of force majeure: flooding, fire, storms, lack of raw materials, partial or total transport strikes, lockouts.
The Party observing the event must immediately inform the other party of its inability to perform its service, providing justification, and no later than five (5) working days of the occurrence of the event. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late penalties.
As soon as the cause of the suspension of their reciprocal obligations has disappeared, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. If the impediment is permanent or exceeds a period of 30 days, the present agreement shall be terminated outright. Termination may only take place 8 days after receipt of a formal notice declaring the intention to apply this clause, sent by registered letter with acknowledgement of receipt.
15 – DATA PROTECTION
In accordance with the amended Law 78-17 of 6 January 1978, it is hereby reiterated that the personal data requested from the Purchaser is necessary for processing their order and issuing invoices, in particular.
This data may be communicated to any partners of the Company responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Website complies with the legal requirements for the protection of personal data, as the information system used ensures optimal protection of this data.
In accordance with the national and European regulations in force, the Buyer has a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him/her, in accordance with the terms and conditions defined in the Privacy and Personal Data Protection Charter on the webhttps://www.meubles-macabane.com
16 – INTELLECTUAL PROPERTY
All elements on the Website, whether text, comments, illustrations, photographs, videos, trademarks, logos, graphics or sound elements, as well as the general structure of the Website, are protected by the laws in force on intellectual property and remain the exclusive property of the Company or its partners.
Any reproduction, representation, modification, adaptation, distribution or use, in whole or in part, of these elements, on any medium whatsoever, for purposes other than the strictly personal and private use of the customer, is strictly prohibited without the prior written authorisation of the Company.
Any unauthorised use of the Website or any of its elements constitutes an infringement that may result in civil and/or criminal liability for its author.
17 – DISPUTES, APPLICABLE LAW AND MEDIATION
17.1. These GTC and the transactions arising therefrom are governed by and subject to French law.
17.2. Orders for Products on the Website and these GTC are subject to French law. Any disputes to which this contract and the agreements arising therefrom may give rise, concerning their validity, interpretation, execution, termination, consequences and repercussions, shall be submitted to the competent courts under the conditions of ordinary law.
17.3. In the event of a dispute relating to an order for Products on the Website or the application of the GTC, the Company and the Purchaser shall attempt to find an amicable solution, following a written complaint from the Purchaser.
If no amicable settlement can be reached, the Purchaser may, within a maximum period of one year following their written complaint to the Company, refer the matter to the following consumer mediator: FEVAD (Federation of E-commerce and Distance Selling) E-commerce Mediator, whose contact details are as follows: Consumer Mediator
FEVAD BP 20015 – 75362 PARIS
CEDEX 8 https://www.mediateurfevad.fr.
18 – USE OF THE WEBSITE
Use of the Website implies full and complete acceptance of the GTC.
The Buyer undertakes to:
- not use the Website for fraudulent or illegal purposes;
- maintain the confidentiality of their login details;
- respect the intellectual property rights relating to the content of the Website.
The Company reserves the right to suspend or delete a customer account in the event of non-compliance with the GTC, without prejudice to damages.
The Company undertakes to ensure the availability of the Website, subject to maintenance work or cases of force majeure. The Company may interrupt access to the Website at any time, in particular for technical or legal reasons.
19 – ECOMOBILIER UNIQUE IDENTIFIER
The Company is registered in the National Register of Furniture Manufacturers under number FR016829_103QXA. This number guarantees that the Company, by adhering to Ecomobilier, complies with its regulatory obligations under Article L 541-10-1 10° of the French Environmental Code.
APPENDIX I - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website https://www.meubles-macabane.com, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
For the attention of:
D.P.I
15 BOULEVARD DES NATIONS
PARC EOLE
14540 BOURGUEBUS
FRANCE
Order dated: ………………………………………………….
Order number: ...........................................................
Customer name: ...........................................................................
Customer address: .............. .........................................................
Customer's signature (only if this form is submitted on paper):