Article 1: Fields of application and modification of the GTC (General Conditions of Sale)
These general conditions of sale apply without restriction or reservation to any order placed on Domobip. We reserve the right to modify them at any time and these modifications will apply immediately to orders. Furthermore, the choice and purchase of a product are the sole responsibility of the customer.
Domobip is a sales platform that offers transmitters and receivers for gates and garage doors as well as home automation products, automation and kits. Most transmitters sold on Domobip are offered individually as well as in sets of 3, 5 or 10.
Our T & Cs are available at any time on the Domobip site, in the 'Information' section of the footer. When placing an order with Domonip, the customer declares to have read our GTC herein by ticking a box provided for this purpose.
Article 2: Product prices
An order is paid by secure online payment, namely by credit card, in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on Domobip.
Payments made by the customer will only be considered final after actual receipt by the seller of the sums due. The seller will not be required to deliver the products ordered by the customer if the latter does not pay him the full price under the conditions indicated above.
All current prices will be indicated at the time of the Customer's order. In other words the prices will be firm and not revisable during the period of validity of an order. However, Domobip reserves the right, outside this period of validity, to modify the prices of the products at any time.
The prices are indicated in Euro inclusive of tax, excluding shipping, transport and delivery costs, these costs being indicated before the validation of the order. All orders are payable exclusively in Euro. An invoice made by the seller will be delivered to the customer with the delivery of the products ordered.
Article 3: Orders
It is up to the customer to select on Domobip the products he wishes to order. The customer can add the selected products to the basket then click on it in order to access the summary, thus making it possible to order the products. The customer selects or enters a delivery address as well as a billing address after his / her registration / connection on Domobip. Then the customer chooses a delivery method among those offered to him. Before accessing payment, the customer must accept our present General Conditions of Sale from a checkbox provided for this purpose.
A sale on Domobip can only be validated after full payment of the price indicated when placing the order. It is the customer's responsibility to check the accuracy of the order and to report any errors immediately to the following address: firstname.lastname@example.org. The customer will be able to follow the progress of an order placed and validated on the site.
Article 4: Deliveries
The products ordered by the customer are delivered in mainland France with the possibility of delivery in Europe at an additional cost.
Deliveries take place within a period of between 2 days and 1 month, depending on the deadline of our suppliers and therefore of the products themselves, to the address indicated by the customer when placing his order and by an independent carrier.
Domobip undertakes to make the best efforts to deliver the products ordered by the customer within the deadlines specified above. If the products ordered have not been delivered within 30 days after the indicative delivery date, the sale may be canceled at the written request of the customer under the conditions provided for in articles L 216-2, L 216-3 and L 216-4 of the Consumer Code. The sums paid by the customer will then be returned to him within fourteen days of the date of termination of the contract, with the exception of any compensation or withholding.
The customer acknowledges that it is the responsibility of the independent carrier to deliver the products ordered from Domobip and therefore has no recourse in warranty against the seller in the event of failure to deliver the goods transported.
The customer is required to check the condition of the products delivered and has a period of 7 days from delivery to make complaints by email to the following address: email@example.com. After this period and failing to comply with the above formalities, the products will be deemed to comply and no complaint can be validly accepted by the seller.
The seller will reimburse or replace as soon as possible and at his expense the products delivered for which the lack of conformity has been duly proven by the customer, under the conditions provided for in articles L 217-4 et seq. Of the Consumer Code and those provided for. to these GTC.
Article 5: Responsibilities
Products purchased from Domobip benefit from:
- the legal guarantee of conformity for defective, damaged, damaged products or not corresponding to the order.
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
These benefits relate to articles L217-4, L217-5, L217-12 and L217-16 of the Consumer Code and articles 1641 and 1648 paragraph 1 of the Civil Code.
In order to assert his rights, the customer must inform the seller by email at the following address: firstname.lastname@example.org of the non-conformity of the products or of the existence of hidden defects from their discovery. The seller will reimburse or replace the products under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds or repairs for products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the seller's dispute. This reimbursement can be made by bank transfer.
Article 6: Right of withdrawal
In accordance with article L.121-20 et seq. Of the Consumer Code, the consumer has a period of fourteen days from the date of delivery of his order, to return any item that does not suit him and request the 'exchange or refund without penalty, except for the cost of return.
The product must be returned in perfect condition, in its original, undamaged packaging. It must be accompanied by all its accessories if necessary. Otherwise, the Customer will lose his right of withdrawal and the product will be returned to him at his expense. Return costs in the event of withdrawal remain the responsibility of the Customer.
The right of withdrawal can be exercised at the following address: email@example.com. The refund will be made within 14 days from the date of receipt of the products returned by the customer under the conditions indicated above. If an exchange is requested, it will be carried out within the same period as that indicated in article 6 of these GTC, always under the conditions indicated without this article.
The seller's liability cannot be engaged in the following cases:
- In the event of improper use, use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the event of normal wear and tear of the product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the seller.
Article 7: Transfer of ownership
The transfer of ownership of the products from the seller to the customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said products.
Article 8: Personal data
The customer is informed that the collection of his personal data is necessary for the sale of the products and their delivery / delivery, entrusted to Domobip. These personal data are collected only for the execution of the sales contract.
The personal data collected on Domobip are as follows:
- Product order: title, surname, first name, postal address, date of birth, telephone number and email address.
- Payment of an order: financial data relating to the customer / user's bank account or credit card.
Personal data is reserved for the sole use of the seller and his employees, and will not be used for advertising or marketing purposes.
Domobip will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
Domobip implements measures to protect personal data. However, it should be noted that the Internet is not a completely secure environment and Domobip cannot guarantee the security of information on the Internet.
In application of the regulations applicable to personal data, customers and users of the Domobip site have the following rights:
Delete or update his addresses by going to the user profile, to the “my addresses” section, then by clicking on the delete button under the address concerned.
Delete his user account by writing to the email address below.
Exercise their right of access to know their personal data by writing to the email address below.
Delete or update their personal data by writing to the email address below.
Request the portability of data held by Domobip to another service provider
Oppose the processing of their data by the seller
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by writing to the following email address: firstname.lastname@example.org. Domobip undertakes to provide a response within a maximum of one month. In case of refusal to comply with the customer's request, the latter must be motivated.
The customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
Article 9: Intellectual property
The content of the Domobip site is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 10: Applicable law - Language
These T & Cs and the transactions resulting from them are governed by and subject to French law.
These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 11: disputes
For any complaint, please contact our service at the following email address: email@example.com. The customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation for example), in the event of a dispute.
In this case, the appointed mediator is the Commercial Court of Le Havre which can be contacted by telephone on: 02 35 42 15 50.
The present GTC are applicable from July 30, 2020.