Terms and Conditions
1. Introduction
These General Terms and Conditions of Sale are agreed between, on the one hand, Douce Factory, a simplified joint-stock company (SASU) with a share capital of 536,920 euros, registered with the Dijon Trade and Companies Register under number 801 646 621, and, on the other hand, the user of the website https://www.mydouze.douze-cycles.com/, whether a natural or legal person, hereinafter referred to as the “customer”.
Before placing an order, all prospective customers are invited to review the contents of these General Terms and Conditions of Sale: delivery times and methods, delivery charges where applicable, payment methods, the existence or absence of a right of withdrawal, and any limitations on this right.
2. Purpose
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which Douze Factory offers and sells its products to its customers, from order to delivery, including the services made available on the website https://www.mydouze.douze-cycles.com/.
Douze Factory is dedicated to the distribution of cargo bikes and cargo bike accessories via the website https://www.mydouze.douze-cycles.com/. Customers may make purchases via an online catalogue.
These General Terms and Conditions of Sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing in advance.
3. Acceptance and Application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the sale of products available on the website https://www.mydouze.douze-cycles.com/ on the date the customer places their order.
The customer declares that they are of legal age or have parental consent and possess the legal capacity to place an order on this website.
When placing an order, the customer’s acceptance is confirmed by their electronic signature, effected by clicking the ‘confirm’ button. This electronic signature is equivalent to a handwritten signature between the parties. This action constitutes the customer’s acknowledgement that they have fully read and agree to all the General Terms and Conditions of Sale set out below.
These General Terms and Conditions of Sale may be subject to change. Consequently, it is understood that the applicable General Terms and Conditions of Sale are those in force on the website on the date the order is confirmed, whether placed online, by post or by telephone.
Should these General Terms and Conditions of Sale differ depending on the method of placing the order, such differences will be clearly stated.
The customer acknowledges having been provided, prior to placing their order and the conclusion of the contract, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the French Consumer Code.
4. Order
Placing your order involves several steps:
(1) The customer fills their basket with products.
(2) The customer goes to their basket, where they will find their selection of products, the total price including VAT for their order and the amount of the delivery charges for their order.
(3) The customer chooses their delivery method.
(4) The customer accepts the General Terms and Conditions of Sale.
(5) The customer selects a payment method; in the case of payment by credit card, the customer confirms the transaction on a secure page.
(6) The customer receives an email confirming the details of their order, including the description of the products ordered, the quantities, the prices of the products and delivery, as well as instructions regarding payment for the order.
However, an order only becomes final after confirmation of the order’s preparation by Douze Factory (an email is then sent to the customer to confirm that their order is being prepared or manufactured) and after Douze Factory has received full payment.
The products available to order are subject to stock availability at the Douze Factory warehouse, with suppliers or manufacturers. If the product is out of stock and the delivery time is not indicated on the website at the time of ordering, or if the product’s availability is incorrect, an email will be sent to the customer as soon as possible to inform them of the new delivery time.
As soon as the order is ready for dispatch, an email is sent to the customer. In the case of a delivery requiring an appointment, the customer will be contacted by the carrier or invited to log in to the carrier’s website to arrange an appointment.
A detailed delivery note is included with the parcel. If part of the order could not be delivered, the outstanding items are listed on the delivery note. Once the order has been dispatched, the invoice is sent to the customer by email.
All orders imply the customer’s full acceptance of the General Terms and Conditions of Sale of https://www.mydouze.douze-cycles.com/.
The information contained in the online catalogue is provided for guidance only; Douce Factory may modify it at any time and without notice in order to improve its products.
The information provided by the customer when placing an order is binding solely on the customer. In the event of an error in the customer’s contact details, the seller cannot be held liable for any failure to deliver the products.
Douze Factory reserves the right to verify the personal data provided by the customer and to take all measures deemed necessary to verify that the person who placed the order is indeed the same person as the one using the payment method, in order to prevent identity theft or fraudulent payments.
Douze Factory therefore reserves the right to refuse or cancel any customer order, particularly in the event of the customer’s insolvency, in the event of non-payment of the order in question, non-payment of a previous delivery, or a dispute relating to payment of a previous order.
Quotations provided by Douze Factory are valid for a period of 1 month.
5. Prices
The prices displayed by default on the website are quoted in euros, inclusive of all applicable charges, and are valid exclusively for mainland France, excluding Corsica.
VAT is applied at the rate in force at the time the order is placed. The prices of products displayed on the website https://www.mydouze.douze-cycles.com/ do not include delivery charges. The amount of the delivery charges will be shown to the user when they view their basket (even before they have definitively confirmed their order). Once the delivery address has been entered, several delivery options will be offered with different rates; the user is then free to choose their preferred delivery method.
The prices displayed on the website are subject to change at any time. They may also be subject to variation. Prices are subject to obvious typographical errors.
Under no circumstances shall any sums paid be considered as deposits or down payments.
In relation to its sales in France, Douce Cycles informs its customers that the prices displayed include the following environmental contributions and regulatory obligations:
- The Battery Eco-Contribution, relating to the collection and recycling of batteries;
- The WEEE (Waste Electrical and Electronic Equipment) eco-contribution, for the treatment and recycling of the bicycle’s electrical components;
- The Bicycode marking, which is mandatory in France, enabling the bicycle to be identified by means of a unique number recorded in the national bicycle register.
These elements are included in the retail price (including VAT) shown on the website.
6. Payment methods
The price invoiced to the customer is the price indicated on the order confirmation sent by Douze Factory.
To pay for their order, the customer may choose from any of the payment methods listed below:
– Credit card: Visa, Carte Bleue or Mastercard.
Douze Factory guarantees the security of credit card payments by using the 3D Secure system.
– Bank transfer. In the case of payment by bank transfer, the transfer must be made from a bank based in mainland France to Douze Factory’s bank account: IBAN FR7610278025040002074770195 / BIC CMCIFR2A. The order will only be confirmed upon receipt of payment. Douze Factory therefore reserves the right to cancel the order if the bank transfer has not been received within 5 calendar days of the order date.
– Payment in three or four instalments is available via our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure. This is subject to the customer’s acceptance of the Terms of Use or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of that order.
Any termination of the General Terms and Conditions binding the customer and Douze Factory shall result in the termination of the Terms of Use or the credit agreement between Alma and the customer.
Purchase amount:
Only purchases between €3,290.00 and €4,008.00 are eligible for payment via Alma.
Fees:
For payment in 3 instalments: 1.6%
For payment in 4 instalments: 2.4%
Alma is a remote payment service provider and issues an electronic certificate which shall serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination: Any termination of the General Terms and Conditions of Sale binding Douze Factory and the customer shall result in the termination of the Terms of Use between Alma and the customer.
Douze Factory is entitled to ask the customer to provide one or more proofs of address and/or a copy of their identity card before confirming their order. The order will only be final upon receipt by Douze Factory of these documents and after Douze Factory has sent a confirmation email. If these documents are not received, or if they do not allow for the identity of the person placing the order and the validity of their address to be verified with certainty, Douze Factory reserves the right not to accept the order.
Douze Factory also reserves the right to refuse an order if there is a previous ongoing dispute regarding payment or if the order amount is abnormally high.
The customer warrants to Douze Factory that they have any necessary authorisations to use the payment method chosen by them when confirming the order form. Douze Factory reserves the right to suspend any order processing and delivery in the event of a refusal to authorise payment by credit card by officially accredited bodies or in the event of non-payment.
In particular, Douze Factory reserves the right to refuse to make a delivery or fulfil an order from a customer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently being resolved. Douze Factory has implemented an order verification procedure designed to ensure that no person uses another person’s bank details without their knowledge.
7. Availability
In accordance with Article L 111-1 of the French Consumer Code, Douze Factory endeavours to present, as accurately as possible, the essential characteristics of its products on the product information sheets, which the customer must take note of.
Unless otherwise specified on the website https://www.mydouze.douze-cycles.com/, all products sold by Douze Factory comply with European legislation and current French standards.
Product offers and prices are valid whilst they remain visible on the website, subject to availability.
In the event that the ordered product is unavailable, Douze Factory undertakes to inform the customer as soon as possible.
In the event of an order for an item that proves to be unavailable, Douze Factory reserves the right to cancel the order, subject to notifying the customer.
In this case, the customer may choose either to request a refund of the amounts debited from their bank account, or, subject to agreement between the parties, to have certain items replaced by items of similar or superior quality at an equal or higher price.
The refund may be made by bank transfer or by cheque, no later than 15 days after the order has been cancelled in full or in part by either party.
In the event of an order for multiple products, if one of the products proves to be unavailable within the timeframes stated on the website, Douze Factory will inform the customer of the delay. The order may then be dispatched by Douze Factory even if not all the products in that order are available. The customer will then only be charged the delivery costs stated at the time of ordering.
If no delivery date is specified, Douze Factory is obliged to deliver within 30 working days of the order confirmation date.
8. Deliveries
Products are delivered to the delivery address provided by the customer when placing the order. Douze Factory cannot be held liable for a delayed or cancelled delivery resulting from an incorrect or incomplete address. In such cases, and/or in the event of the goods being returned, Douze Factory will additionally charge the customer for redelivery or storage costs, which the customer cannot object to.
For reasons of cost, speed, service quality and the carriers’ acceptance of weights/volumes, Douze Factory reserves the right to use a carrier other than the one stated at the time of the order.
Various delivery methods are available to the customer:
– Collection from the Douze Cycles workshop, located at 22 rue de l’Ingénieur Bertin, 21600 Longvic, France. Collection times are Monday to Friday from 8 am to 5 pm. The Douze Factory sales team will contact the customer to arrange an appointment.
– Delivery to a partner collection point. The list of partners is available at https://mydouze.douze-cycles.com/ and the choice must be confirmed at the time of ordering. Once the order is ready for collection at the partner’s premises, Douze Factory will contact the customer and provide details on how to collect their bike from the partner.
Delivery to the customer’s home address as specified by the customer at the time of ordering. The carrier will contact the customer to arrange a delivery date and method. Should the customer be absent at the time of delivery despite a scheduled appointment, it is the customer’s responsibility to contact the carrier to arrange a new delivery or to collect their order from the carrier’s depot. In the event of absence during the agreed delivery times, the customer must contact the carrier as soon as possible and inform them. Failing this, any redelivery charges will be invoiced by Douze Factory where applicable. In the event of a change to the delivery address, any administration fees that may be charged by the carrier will be borne by the customer.
In the event that one or more of the products ordered are missing, defective or damaged, the customer must make a written complaint to the carrier at the time of delivery. To be valid, these reservations must be clear and precise and provide details regarding the condition of the goods themselves, not the packaging (“damaged bike”, “broken fork”, “damaged paintwork” rather than “damaged parcel”, “damaged packaging”). Any reservation referring to a subsequent inspection by the recipient (“subject to inspection”, “subject to unpacking”) is not admissible. The customer must then contact Douze Factory to agree on the terms for replacement or refund of the order.
Products are delivered in accordance with the requirements of European legislation applicable in France.
9. Carrier strikes
In the event of a transport strike, or any other exceptional circumstances slowing down or preventing the delivery of the order, Douze Factory will make every effort to inform the customer of the status of their order’s shipment, but cannot be held liable for any resulting delays.
The following are considered force majeure events releasing Douze Factory from its obligation to deliver: war, riots, fire, strikes, accidents, traffic restrictions and the inability to obtain supplies. Douze Factory will keep the customer informed in a timely manner of the cases or events mentioned above.
10. Delivery times
Products are in stock or production begins once the order is confirmed.
The average preparation time for a product in stock varies from 1 to 10 working days, barring exceptional circumstances. To this time is added a delivery time that varies depending on the selected method of transport.
The manufacturing lead time is a maximum of 30 working days, barring exceptional circumstances. To this, a delivery time is added, which varies depending on the selected delivery method.
If the product delivery deadline is exceeded by seven days, and provided this delay is not due to force majeure, the customer may cancel their order by sending a letter to Douze Factory, 22 Rue de l’Ingénieur Bertin, 21600 Longvic, France, or by email to info@douze-cycles.com.
11. Cancellation
Generally speaking, the right of withdrawal applies to any contract for the sale of goods or the provision of services concluded outside of business premises.
In accordance with the provisions of Article L.121-20 of the French Consumer Code, the customer has a period of 14 clear days from receipt of the goods to exercise their right of withdrawal without having to provide a reason or pay a penalty, except for the return costs, which remain the customer’s responsibility. Where the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The customer shall contact Douze Factory by email at info@douze-cycles.com to specify the items they wish to return. Douze Factory will confirm the withdrawal request to the customer by email and send a returns form to be completed by the customer.
The product(s) must be returned in perfect condition in their original packaging, accompanied by the returns form completed by the customer. They will then be exchanged or refunded based on the purchase price, minus any shipping costs.
In the event of non-compliance with these conditions, Douze Factory reserves the right to refuse the exchange or refund.
The customer is free to choose the method of dispatch for their product and to take out insurance or not in the event of loss, theft or damage to their parcel. Douze Factory does not cover any of these costs or the cost of transport and cannot be held liable for the non-receipt of the customer’s parcel. Generally speaking, all costs and risks associated with returning the product are the responsibility of the customer.
Only products returned complete, in perfect condition, in their original packaging and accompanied by a return form will be accepted. Otherwise, the return will be considered non-compliant and will not be refunded by Douze Factory.
Refunds will be issued within 14 days of Douze Factory receiving all the products in full. For payments made by credit card, the refund will be credited directly to the credit card. For payments made by bank transfer, the refund will be made by bank transfer.
12. Defective or non-compliant products
Any complaints regarding apparent defects or the non-conformity of the delivered product with the product ordered or the delivery note must be made in writing within 14 days of the date the goods are received by the customer.
It is the customer’s responsibility to provide evidence of any defects or anomalies found.
The customer must provide every facility to enable Douze Factory to verify any defects and remedy them.
The customer shall refrain from carrying out any internal technical work on the equipment in question; this clause applies all the more to any third party, even if authorised by the customer.
In the event of delivery of a non-compliant product, the return costs shall be borne by Douze Factory.
13. Retention of title
Douze Factory retains ownership of the products ordered until full and final payment of the order has been received. The customer becomes the owner of the products upon receipt.
14. Warranty
Douze Factory remains bound, for all products sold on its website https://www.mydouze.douze-cycles.com/, to apply the statutory guarantees of conformity (Articles L.211-4 to L.211-14 of the French Consumer Code) and against hidden defects (Articles 1641 to 1649 of the French Civil Code) under the conditions provided for by law.
‘Statutory guarantee of conformity’ (extract from the Consumer Code)
Art. L.211-4. “The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been made the seller’s responsibility under the contract or has been carried out under the seller’s responsibility.”
Art. L.211-12. “The right to bring a claim arising from a lack of conformity shall lapse two years after delivery of the goods.”
Art. L.211-5. “To be in conformity with the contract, the goods must:
1. “Be fit for the purpose for which goods of the same type are ordinarily intended and, where applicable:
– correspond to the description given by the seller and possess the qualities which the seller has presented to the customer in the form of a sample or model;
– possess the qualities which a customer may legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling.”
2. “Possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the customer, brought to the seller’s attention and accepted by the latter.”
Warranty against hidden defects (extract from the Civil Code)
-Art. 1641. “The seller is liable under the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have purchased it, or would have paid only a lower price for it, had they known of them.”
-Art. 1648 – paragraph 1. “An action arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
-Art. 2232 of the Civil Code “The postponement of the starting point, the suspension or the interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the date on which the right arose. The first paragraph shall not apply in the cases referred to in Articles 2226, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244 [of the same Code]. Nor shall it apply to actions relating to the status of persons.”
In this case, the customer is reminded that they must act “promptly” from the discovery of the hidden defect (Article 1648 of the Civil Code) and provide proof of the existence of such a defect. To benefit from the legal guarantee of conformity or the guarantee against hidden defects, the customer must contact Douze Factory.
This warranty shall not apply in the event of a problem caused by negligence, damage or improper use of the product. Any modification made to a product outside a professional workshop or carried out without the prior written consent of Douze Factory will result in the warranty being voided.
Under the warranty, Douze Factory offers the customer the option of either bringing their product to the Douze Cycles workshop, 22 Rue de l’Ingénieur Bertin, 21600 Longvic, France, or taking it to a professional workshop. Postage costs will be covered in accordance with the law, regardless of the solution chosen.
Generally speaking, regarding the implementation of these guarantees:
The customer has a period of two years to take action from the date of delivery of the goods.
The customer may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-17 of the French Consumer Code.
The customer is exempt from providing proof of the existence of a lack of conformity of the goods during the 24 months following delivery of the goods.
The statutory guarantee of conformity applies independently of the commercial guarantee.
The customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between rescission of the sale or a reduction in price in accordance with Article 1641 of the Civil Code.
The customer is expressly informed that the company is not the manufacturer of the products presented within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.
15. Having your product repaired during the warranty period
If the purchased product proves to be defective during the warranty period, the customer must submit a request for after-sales service to Douze Factory by post or email, specifying the order number and the difficulties or malfunctions encountered with the product(s) in question. Douze Factory will provide the customer with a diagnosis and/or troubleshooting advice. If, after following this advice, the product is still defective, Douze Factory will provide the customer with a tracking number for after-sales service.
Under this warranty, Douze Factory offers the customer the option of either bringing or sending their product to the Douze Cycles workshop, 22 rue de l’Ingénieur Bertin, 21600 Longvic, France, or returning their product to the same workshop accompanied by a duly completed return form. The customer also has the option of taking their product to one of the partner workshops listed on the webhttps://www.mydouze.douze-cycles.com/. The cost of postage for the product, regardless of the solution chosen, is the customer’s responsibility.
Once the product has been processed by Douze Factory, which will check in particular whether the product is covered by the warranty, the product will be repaired or replaced with a standard replacement. If the cause of the fault falls within the scope of the warranty, and the product cannot be repaired or replaced with an identical or equivalent product, a refund will be issued in the form of a credit note or a cash refund. In all cases, and if the fault is covered by the warranty, Douze Factory will propose the most appropriate solution (replacement of the faulty part, replacement of the item or a refund). Where applicable, a quote will be provided for the repair of the product.
In the event of an abnormal or abusive return, or if the customer has not read and followed the troubleshooting advice provided by Douze Factory, this return will be considered a non-compliant return and treated as such. Similarly, all products returned without an after-sales service tracking number will be systematically treated as non-compliant returns.
Please note that the customer is free to choose the method of dispatch for their product and to take out insurance or not in the event of loss, theft or damage to their parcel. Douze Factory does not cover any of these costs and cannot be held liable for the non-receipt of the customer’s parcel.
Finally, the customer is responsible for the packaging of their product, which must be arranged in such a way that the product can be transported without risk of breakage or damage.
16. Customer Service Centre / Consumer Dispute Resolution
16.1 For any questions or issues relating to a purchase made on the website https://www.mydouze.douze-cycles.com/, the customer relations centre can be contacted:
– by email at info@douze-cycles.com
– by telephone on +33 3 45 56 01 91 from 9am to 12pm and from 2pm to 5pm, Monday to Friday, excluding public holidays.
– by post at the address: Douze Factory, 22 rue de l’Ingénieur Bertin, 21600 Longvic, France
16.2 Mediation of consumer disputes
In accordance with the provisions of the French Consumer Code concerning ‘the consumer dispute mediation process’, the customer is entitled to use the mediation service offered by Douze Factory free of charge. The consumer rights mediator appointed for this purpose is Medicys.
This mediation service can be contacted by:
– email at www.medicys.fr
– by post to Medicys – Centre de médiation et règlement amiable des huissiers de justice, 73 Boulevard de Clichy, 75009 Paris, France
In accordance with Article L 612-2 of the French Consumer Code, one of the prerequisites for Medicys to consider the dispute is as follows: the customer must demonstrate that they have previously attempted to resolve their dispute directly with Douze Factory’s Customer Service, by submitting a complaint by post or email in accordance with the procedures set out in 16.1.
17. Intellectual property
All texts, comments, illustrations and images reproduced on the website https://www.mydouze.douze-cycles.com/ are protected by copyright and intellectual property rights worldwide.
Any reproduction, in whole or in part, of the website https://www.mydouze.douze-cycles.com/ is strictly prohibited; in particular, the reproduction, in whole or in part, of product descriptions for commercial purposes will systematically be subject to legal action.
18. Non-contractual photographs
Photographs are not contractually binding.
Colour rendering is for illustrative purposes only and is not contractually binding.
The technical specifications of the products are subject to change in order to improve product quality.
19. Website liability
Douze Factory shall not be held liable for any inconvenience or damage arising from the use of the website https://www.mydouze.douze-cycles.com/, in particular for service interruptions, external intrusion or the presence of computer viruses, or any event classified as force majeure, in accordance with case law.
20. Data confidentiality
In order to meet the customer’s needs and ensure an optimal remote service, Douze Factory is required to record certain details concerning the customer, such as surname, first name, address, email address and telephone number. This information is essential for the processing and dispatch of orders. It is collected for purely internal use.
Pursuant to the French Data Protection Act No. 78-17 of 6 January 1978, Douze Factory guarantees a permanent right of access to and modification of this information by email at info@douze-cycles.com.
21. Legal information
For further information, the customer may contact Douze Factory:
By email at info@douze-cycles.com
By telephone on +33 3 45 56 01 91
Douze Factory, a simplified joint-stock company (SASU) with a share capital of €536,920, registered with the Dijon Trade and Companies Register (RCS)
No. 801 646 621 – APE code 4764Z – Intra-Community VAT number: FR57801646621