GENERAL CONDITIONS OF SALE
ARTICLE 1 – COMPANY
DOMADOO is a simplified joint stock company whose head office is located in RILLIEUX-LA-PAPE (69140), 1691 Avenue de l'Hippodrome, and registered in the Trade and Companies Register of Lyon under number: 482 106 606.
ID number Unique (IDU): FR012775_05QYP1
ARTICLE 2 – DEFINITIONS
Definitions have the same meaning in the singular as in the plural.
Bank card: Means of payment made available to its holder by a banking establishment.
Consumer Customer: User who places an Order on the DOMADOO Company Website.
Order: Customer's agreement given to DOMADOO for the purchase of Product(s) available on the Website.
Domotics: Set of techniques aimed at integrating all automation in the home in terms of security, energy management, communication.
Personal data(s): means any information relating to a identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to his physical, physiological, genetic, psychic, economic, cultural or social identity. Thus, the data we collect may include your strictly personal data, in that it identifies you as a particular person. Conversely, some data does not allow us to identify you directly, such as your profession or your browsing data (type of browser, terminal and operating system, path followed on the Site, etc.) but are still considered as Personal Data because they are attached and/or attachable to the first.
Time limit for withdrawal: Legal period which allows the Customer to withdraw his consent within fourteen (14) days of placing the Order (articles L.221-18 and following of the Consumer Code).
Guarantee of conformity: Legal guarantee which covers the lack of conformity of a product (articles L.217-4 and following of the consumer code).
Legal guarantee against hidden defects: Legal guarantee which covers re defects in a product rendering it unfit for the use for which it is intended (article 1641 of the civil code).
Delivery: Delivery of the product to the address indicated by the Customer when placing the Order.
Paypal: Secure payment platform made available to the Customer.
Product( s): All items offered for sale on the Website.
Refurbished product(s) (s): Used product offered for sale after being refurbished by DOMADOO.
Website: Set of web pages presenting the company DOMADOO as well as the Products sold by the latter via the following link: www.domado o.fr.
User: Internet user visiting the Website and having access to the content of the Website.
Sale: Order definitively validated after payment to DOMADOO and delivery of the Products.
ARTICLE 3 – SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE (CGV)
These General Terms and Conditions of Sale apply, without restriction or reservation, to all Orders placed between DOMADOO ("the Seller") and a buyer ("The Customer") of one or more Products offered for Sale by the Seller ("The Products") on the website or, exceptionally, by e-mail.
They specify in particular the conditions of Order, payment, Delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to Sales in stores or through other sales channels. distribution and marketing.
They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Website on the date of placing the Order.
Modifications to these General Terms and Conditions of Sale are binding on Users of the Website from the time they are put online and cannot be applied to transactions concluded previously.</ span>
The fact for a natural (or legal) person to place an Order on the Website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay of the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ARTICLE 4 – PRODUCTS OFFERED FOR SALE
The Website offers for Sale new or refurbished Home Automation, Security and Digital Entertainment Products.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website and provided by the manufacturers of the products. .
By exception, when a reformulation and/or a description is provided by DOMADOO, mention will be made in the description of the Product by the following sentence: "This description has been provided and/or reformulated by DOMADOO".
The Customer is required to refer to and read the description of each Product in order to know its properties, essential features and delivery times.</ span>
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of the Seller.
The contractual information is presented in French and is subject to confirmation at the latest when the Order is validated by the Customer. This confirmation implies acceptance.
The Products sold on the Website comply with the regulations in force in France.
ARTICLE 5 – AVAILABILITY OF PRODUCTS
The availability of a Product is specified in its description.
When a Product is unavailable, an indicative restocking period is specified in its description.
ARTICLE 6 – ORDERS
6.1 – ORDER PLACEMENT
It is up to the Customer to select on the Website the Products he wishes to order by clicking on:
- "Add to Cart"
The Customer has the possibility to check the details of his Order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the Order and to immediately rectify any errors.
The registration of an Order on the Website is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his Order . This validation implies acceptance of all of these General Conditions of Sale.
The Sale is final after the Customer has been sent confirmation of acceptance of the Order by the Seller by e-mail. The Order is sent as soon as possible, after final payment by the Customer to the Seller, subject to the provisions of the article “AVAILABILITY OF PRODUCTS”.
When the Customer orders several items, one or more of which are unavailable on the day of the Order, the items will be shipped in a single shipment. However, if the Customer wishes to benefit from separate shipments depending on the availability of the products, it is up to the latter to contact DOMADOO by telephone at 09.70.80.97. 98 or by e-mail to the following address: firstname.lastname@example.org.
Any Order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website, constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer will be able to follow the progress of his Order following receipt of an e-mail containing a tracking number.
6.2 – ORDER MODIFICATION
Once confirmed and accepted by the Seller, under the conditions described above, the Order cannot be modified.
6.3 – ORDER CANCELLATION
Orders may be canceled by Customer prior to shipment of their Order at no additional cost.
The Customer may then contact DOMADOO by telephone at 09.70.80.97. 98 or by e-mail to the following address: email@example.com
ARTICLE 7 – RATES
The Products are supplied at the current Prices appearing on the Website, when the Order is registered by the Seller.
Prices are expressed in Euros (€) and take into account the French VAT applicable on the day of the transaction and take into account any current promotional offers displayed and under the conditions indicated.
The Prices displayed on the Website do not include shipping, transport and Delivery costs, which are calculated and indicated before final validation of the Order.
ARTICLE 8 – PAYMENT TERMS
The price is payable in cash, in full on the day the Customer places the Order, by secure payment, as follows:
- by credit card: redirection to the Caisse d'Epargne secure payment platform
- by Paypal: redirection to the Paypal secure payment platform
Payment by credit card is irrevocable.
Payment data is exchanged in encrypted mode using the SSL protocol.
Payments made by the Customer will only be considered final after validation by the banking institution of the transaction.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be charged to the Customer.</p >
ARTICLE 9 – DELIVERIES
Products purchased on the Website are delivered in Metropolitan France, Corsica, Monaco, DOM and TOM, Europe and International.
Delivery is made to the Delivery address specified by the Customer when placing his Order. It will be carried out by La Poste in Colissimo followed by delivery against signature (for packages from 0 to 30 kg maximum) or by a carrier (DPD or Chronopost).
In the event of a special request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the costs related thereto will the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.
It can only take place once the Order has been validated by the Customer and payment has been made in full.
Delivery costs are the responsibility of the buyer and are displayed in the shopping cart. All delivery times and prices are available via the following link: https://www.domadoo.fr/ en/content/1-delivery
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The delivery times communicated on the Website are indicative. If the Products ordered have not been delivered within thirty (30) days after the indicative date of Delivery, for any reason other than force majeure or the act of the Customer, 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, L .241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
The Customer is required to check the condition of the Products delivered. He has a period of fourteen (14) days from Delivery to formulate any reservations or complaints for non-compliance or apparent defect of the Products delivered (for example damaged package already opened), with all the supporting documents relating thereto (photos in particular ).
ARTICLE 10 – FORCE MAJEURE
Neither Party shall be liable to the other Party if performance of this Agreement is delayed or prevented due to any event force majeure as defined in article 1218 of the Civil Code.
By express agreement, the Parties recognize as cases of force majeure, in addition to those usually and in particular recognized by the French courts, the following cases: lockout, strike, attack , bad weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, malicious cyber acts, government restrictions. event of force majeure, the Parties will make every effort to minimize the effects on the proper performance of the Contract and undertake to inform themselves as soon as possible of any element having an impact on the resumption of the Contract of which by example the regulation or decree specific to one of the Parties, without this list being exhaustive.
If the case(s) of force majeure has (have) a duration of existence greater than two (2) months, each Party may choose to cancel its Order by contacting DOMADOO by telephone at 09.70.80.97. 98 or by e-mail to the following address: firstname.lastname@example.org
In the event of force majeure as provided for in article 1218 of the Civil Code or exceptional events (natural disaster, epidemic, strikes, etc.) delaying or prohibiting Delivery of the goods, Domadoo SAS is released from all liability.
ARTICLE 11 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Seller's Products, to the benefit of 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.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto, will only be carried out at the time of the Delivery. The Products therefore travel at the Seller's risk and peril in accordance with Article L. 216-4 of the Consumer Code.
ARTICLE 12 – RIGHT OF WITHDRAWAL</ span>
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his Right of withdrawal from the Seller, without having to justify reasons for an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Seller of the decision to Customer's withdrawal (article L.121-1 of the consumer code).
The Customer bears the cost of returning the Products (article L.121-3 of the consumer code).
DOMADOO exceptionally extends this legal period by an additional sixteen (16) days and allows the Customer to return the Product(s) within thirty (30) days of the delivery.
ARTICLE 13 – RETURNS
Return requests are made to our Customer Support using the following form: https://domadoo.com/retractation-et-retour-sav/. The support team will get back to you as soon as possible to assist you in the procedure to follow.
Any return of material must be made after assignment by Customer Support of a return number.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) accompanied by the purchase invoice. The Customer must indicate the return number that Customer Support will have previously communicated to him.
Damaged, soiled or incomplete Products are not taken back and will not be refunded.
In order to track your package, the Customer must choose to make the return by Colissimo with tracking (La Poste). Refunds for Products will be made as soon as possible, no later than fourteen (14) days following the date on which the Product was received by our Customer Support.
Refunds will be made to the payment method used when placing the Order.
ARTICLE 14 – LEGAL GUARANTEES
14.1 The Seller is liable for any lack of conformity of the products sold under the conditions of article L.217-4 and following of the Code consumption and its hidden defects under the conditions provided for in articles 1641 and following of the Civil Code.
The legal guarantee of conformity applies when the product presents a lack of conformity, for example when the product does not function in accordance with the uses for which this product is usually used, or again when it does not match the given description.
The Customer has a period of two (2) years from the Delivery of the product to act. If necessary, the Customer will choose between repairing or replacing the product, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code.
The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the Product, except for refurbished Products for which the period is six (6) months.
14.2 The warranty against latent defects covers the product which has a latent defect, that is to say a defect not apparent at the time of the sale which makes the product unfit for its use or which greatly reduces its use.
The Customer has a period of two (2) years from the Delivery of the product to act.
The Customer who decides to implement the Hidden Defects Warranty within the meaning of Article 1641 of the Civil Code must choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
The Seller cannot be held liable in the following cases:
- no -compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify;
- in the event of improper use, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product or force majeure.
ARTICLE 15 – PROTECTION OF PERSONAL DATA
All information transmitted to the company Domadoo SAS will remain strictly confidential and will never be sold or communicated to third parties (except with the Customer's agreement) other than those who intervene directly in execution of the Order.
In accordance with the Data Protection Act of January 6, 1978 and the recommendations of the Commission Nationale Informatique et Libertés (CNIL), any User is entitled to access the data concerning it and request its modification or deletion. All requests must be made by post to the order of Domadoo SAS, 1691 avenue de l'hippodrome, 69140, Rillieux la Pape, France, indicating your surname, first name, email, address, and if possible your customer reference.
The information and data concerning you are necessary for the management of your Order and for our commercial relations.
ARTICLE 16 – WEBSITE
The content of the Website is the property of the Seller and its partners. It is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting. The Seller reserves the right to take any action against the Customer and/or the User in the event of violation of this clause.
ARTICLE 17 – APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 18 – DISPUTES
All disputes to which the purchase and Sale transactions concluded in application of these general conditions of Sale could give rise, concerning their validity, their interpretation, their execution , their termination, their consequences and their consequences and which could not be resolved between the Seller and the customer will be subject to mediation in accordance with the mediation rules of the Federation of e-commerce and distance selling (FEVAD).
In the event of failure of mediation, the above disputes will be submitted to the competent courts under the conditions of common law.
Updated on 25/05/2021.