The website www.dukannewboutique.com is published by MAROT DE LA GARAYE, a company with capital of €8,000, registered in the Rennes Trade and Companies Register. SIRET No. 441 368 834 000 12- APE Code 6430Z, with its registered office at 2 rue Ambroisine Garnier-Leray ZA Écopôle Sud-Est, 35000 Rennes, VAT number FR 6044136883400020, telephone number: 07 66 05 15 41

The Website is hosted and managed by: GERICOS, with its registered office at 40 rue de Crosne, 95420 Magny-en-Vexin, SIRET No.: 81842757700023, telephone number: 06 78 20 94 05

 

Article 1: Purpose

These General Terms and Conditions of Sale (hereinafter “GTC”) apply to all orders placed on the Website. They constitute the contract between the Seller and any person placing an order on the Website (hereinafter the ‘Buyer’ or “You”). Only consumers may place an order on the Website. The Seller does not authorize professionals to place orders on the Website for the purpose of reselling the products. By placing an order on the Website, you accept the terms of the GTC. If you do not wish to be bound by these GTC, you may not place an order on the Website. These GTC may be modified at any time by the Seller. These modifications will not apply to orders currently being processed but to any new orders placed on the Website. We therefore invite you to reread these GTC before placing any new orders on the Website.

hese Terms and Conditions are permanently available at the following address: Http://www.dukannewboutique.com/conditions-generales-de-ventes

Finally, we invite you to print a copy of these Terms and Conditions and/or save a copy.

Article 2: Characteristics of the products offered

The products offered are those listed in the catalog published on the Website. The Seller markets, in particular, all food products, food supplements, books on these subjects, and any other products that the Seller may wish to market on its Website. The products offered for sale on the Website comply with the legislation and standards applicable in France. The photographs, texts, diagrams, and drawings illustrating the products offered on the Website are as accurate as possible but cannot guarantee a perfect similarity with the product offered. Consequently, the Seller cannot be held liable for any error or omission in any of these photographs, texts, diagrams, or drawings, or in the event of a change in the characteristics of the products by the suppliers.

Article 3: Ordering procedure

Buyers wishing to purchase a product must follow the procedure below: – Complete the identification form, providing all the requested contact details. – Complete the online order form, providing all the references for the selected products, or confirm the products in their “Shopping Cart.” – Fill in their payment information: all orders placed on the Website must be paid for online, except for payments by check – Confirm their order after checking it. We draw your attention to the fact that it is your responsibility to check the completeness and accuracy of the information you provide to us when placing your order, particularly with regard to the delivery address. We cannot be held responsible for any data entry errors and the consequences thereof (e.g., delays or delivery errors). You are informed that any costs incurred by the Seller as a result of such an error will be borne by you (e.g., for the reshipment of the order).

All orders placed with the Seller will be confirmed by email as soon as possible. The sale will be deemed to have been concluded on the date on which the Buyer receives confirmation of receipt of their order by email.

Article 4: Prices – Terms and methods of payment accepted

The prices of the products offered on the Website are inclusive of VAT in Euros, taking into account the VAT applicable for delivery in mainland France on the day of the order. These prices do not include shipping and packaging costs. These are calculated based on your order and are communicated to you before you confirm your order. The Seller reserves the right to modify its prices at any time, it being understood that the price appearing on the Website on the day of the order will be the only one applicable to the Buyer.

To pay for your order, you can use any of the payment methods offered during the final confirmation of the order form:

– Credit card, check, or bank transfer.

Bank transfer: Bank details

FRANCE BANK DETAILS 13606 00041 46323835853 57

FOREIGN IBAN FR76 1360 6000 4146 3238 3585 357 BIC AGRIFRPP836

EURL MAROT DE LA GARAYE

2 rue ambroisine garnier Leray

35000 Rennes

Orders paid by credit card (Visa, Carte Bleue, MasterCard) will be debited immediately by our bank.

By confirming the order form, you guarantee that you have the necessary authorizations to use the payment method you have chosen. We certify that credit card details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank.

For any questions regarding payment, please contact us at the address below: Email: avispaiement@dukannewboutique.com Tel: 07 66 05 15 41

 

Article 5: Delivery

5.1 Product availability Despite the care taken by the Website to maintain its stock levels, an item may become unavailable between the time the order is placed and delivery. If it is impossible to fulfill all or part of the order, the Seller may:

– Either refund the Buyer for the amount of the products ordered and not delivered. In this case, the refund will be made within a maximum of fourteen (14) calendar days from the moment the Buyer is informed of this unavailability; – Or send them a voucher equivalent to the price of the unavailable item. In this case, the Buyer will be notified before their order is shipped.

5.2 Delivery times

If you have any questions about payment, please contact us.

DELIVERY TO A PICKUP POINT If you choose to have your order delivered to a pickup point, your package will be shipped and delivered to the pickup point of your choice. Delivery will be made by DPD (La Poste group), Mondial Relay, or Chronopost Shop2Shop. After confirmation of your order and receipt of payment, the shipping time is 1 to 6 business days after processing. If you do not pick up your package from the pickup point within 7 days, it will be returned to us. If you are not present at the time of delivery, you may be charged a redelivery fee.

HOME DELIVERY If you choose home delivery in mainland France, your package will be shipped and delivered without a signature. Delivery will be made by DPD or GLS.

After confirmation of your order and receipt of payment, the shipping time is 2 working days after processing. Corsica and Andorra: 3 to 5 days If you choose home delivery in zones E1 and E2 (Germany, Belgium, Luxembourg, Netherlands), (Austria, Spain, Ireland, Italy, Portugal, United Kingdom), your package will be shipped and delivered against signature. Delivery will be made by DPD or GLS. After confirmation of your order and receipt of payment, the shipping time is 7 to 12 working days after processing.

If you are absent or unable to receive your package, it will be returned to DUKANNEWBOUTIQUE. If the buyer does not collect their package within the specified time frame, the package will be returned to us. If you are absent at the time of delivery, or if the package is returned to us because it was not collected within the specified time frame, you may be charged for the cost of redelivery.

In any event, in the event of a delivery delay of more than 7 working days from receipt of this letter, not due to force majeure, you have the option of canceling your order and terminating the contract by registered letter with acknowledgment of receipt to the following address: MAROT DE LA GARAYE – 2 rue Ambroisine Garnier leray 35 000 Rennes

We will refund you within a maximum of fourteen (14) calendar days from the date of receipt of the registered letter informing us of the termination of the contract in accordance with Article L.138-3 of the French Consumer Code.

5.3 – Information on delivery terms The buyer is informed by email as soon as the package leaves the warehouse.

– Information on order shipment

The Buyer is informed of the shipment of the package by an email summarizing the products or services sent and providing the tracking number.

– Order tracking

You can track your delivery at the following addresses: http://www.dpd.fr http:// or by ehttps://www.mondialrelay.fr/suivi-de-colis/

The Buyer can track their package by going to the Website, clicking on the “My Orders” tab in the “My Account” section. This tab allows the Buyer to access their invoice details (items ordered, total including tax, payment method, payment accepted, order confirmed or pending confirmation, delivery in progress, delivery completed). The Buyer can also print their invoice and/or delivery note if necessary.

– Receipt of the order

Delivery times are detailed on the delivery page: https://www.dukannewboutique.com/renseignements-sur-la-livraison/.

If the package cannot be delivered to the delivery address indicated in the Buyer’s order due to your absence or insufficient information regarding the delivery address, the package will be returned to us.

If a package is returned to our warehouses for reasons such as: incorrect delivery address, package refused, package not collected, or any other reason, our accounting department will automatically refund the order in question within fourteen (14) calendar days of the package being returned to our warehouses.

If, fifteen (15) working days after the package has been shipped in mainland France or twenty (20) working days for the rest of the world, the Buyer has not received any news about their order, they must contact the carrier or their pick-up point or, as indicated above, the carrier’s website.

If their search for information is unsuccessful, the Buyer must then contact Us by visiting the Website, going to the “My Orders” tab in the “My Account” section or via the “Contact Us” section of the Website.

Our customer service department will then open an investigation with the carrier. The Buyer will then receive a letter informing them that an investigation has been opened. The carrier generally has 30 working days to provide a definitive response to the Seller.

You can track your delivery at the following addresses: http://www.dpd.fr http:// or by ehttps://www.mondialrelay.fr/suivi-de-colis/

The Buyer can track their package by going to the Website, clicking on the “My Orders” tab in the “My Account” section. This tab allows the Buyer to access their invoice details (items ordered, total including tax, payment method, payment accepted, order confirmed or pending confirmation, delivery in progress, delivery completed). The Buyer may also print their invoice and/or delivery note if necessary.

– If the package is found, it is then sent to the Buyer: the delivery procedure then follows its normal course (parcel deposit, delivery notice, etc.), without prejudice, however, to the Buyer’s right to invoke the applicable legal provisions in the event of late delivery, as described in Article 5.2 of these GTC, if the parcel is found after the expiry of the announced delivery period.

– If the package is declared lost, we will notify the Buyer in writing and proceed with the formalities for refunding the order corresponding to the lost package (products and shipping costs) within a maximum period of (fourteen) 14 calendar days from the date of the email informing the Buyer of the loss of the package, unless the Buyer has, where applicable, already taken action on the basis of the legal provisions applicable in the event of exceeding the delivery time, as described in Article 5.2 of these GTC.

Article 6: Receipt of the order

6.1. The person who receives the package Please note that if you entrust the receipt of the product to a third party (your building’s concierge, receptionist at your workplace, etc.), they will receive the package on your behalf and for your account. You must therefore ask them to be vigilant in following the usual precautions and to check the order under the conditions described below, and remind them to take the same care with the item received as if they were the personal recipient. 6.2. Checking the order

We invite you to check (or have the representative who receives the products on your behalf and for your account check) the apparent condition of the products upon delivery. The condition of the product is considered to have been checked once the delivery note has been signed.

6.3. Transport damage In the event of an apparent anomaly (damage, missing items compared to the delivery note, damaged package, broken items, etc.), the Buyer or representative must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged during delivery, describe the damage in detail). These reservations must be very precise. Imprecise wording, such as “subject to unpacking” or “subject to verification,” is invalid. In the absence of specific reservations, the Buyer acknowledges having received a delivery that complies with their order and is in good condition. It is therefore essential to describe the condition of the packaging and/or product in detail and to specify the damage (e.g., sounds of breakage, package opened, packaging damaged, torn, dented on the bottom right corner, product scratched, dented on the left side, package refused because it was opened or damaged during delivery, etc.). The customer must also confirm their reservations to the carrier by registered mail within 48 business hours of receiving the item(s) and send a copy of this letter to: suivicommande@dukannewboutique.com – clearly stating the references on the delivery note.

It is essential that you keep the items in the condition in which they were delivered to you (including accessories, instructions, packaging, and outer packaging).

It is ESSENTIAL that all complaints are accompanied by a photo of the package or the products concerned.

Failure to follow the correct procedure will exclude any recourse against the carrier and MAROT DE LA GARAYE.

If the products need to be returned, you must submit a return request by registered mail addressed to: The goods must be returned to the following address: MAROT DE LA GARAYE – 2 rue ambroisine garnier leray 35 000 Rennes

The return will be made in accordance with the terms of Article 7 below.

In any event, these precautions do not preclude the benefit of legal guarantees and the exercise of the right of withdrawal. 6.4. Delivery not in accordance with the order in terms of quality or quantity

The customer must send a letter or email (by going to the Website, to the “My Orders” tab in the “My Account” section) describing in detail the condition of the products received. The customer can also contact us by telephone on 07 66 05 15 41. Cost of a national call according to operators) or via the “Contact Us” section of the Website.

Article 7: Right of withdrawal

Subject to the exceptions provided for below, the Buyer has a period of fourteen (14) clear days from the date of receipt of the goods to exercise the right to withdraw from their order, without having to justify their reasons or pay any penalties (when the period ends on a Saturday, Sunday, or public holiday, it is extended to the next working day).

This right of withdrawal may apply to all or part of the order. If the right of withdrawal is exercised, the costs of returning the product(s) shall be borne by the Buyer.

In order to ensure the proper management of returns, you must first complete a withdrawal form. You may also inform Us, clearly and unambiguously, of your intention to exercise your right of withdrawal by any other means within the aforementioned period, in particular by telephone on 07 66 05 15 41 from 8:30 a.m. to 5 p.m. Monday to Friday, excluding weekends and public holidays.

You will have a maximum of fourteen (14) clear days from the date of notification of your decision to withdraw to return the product to Us.

You must ensure that the products for which you are exercising your right of withdrawal are returned complete and in perfect condition.

If you exercise your right of withdrawal under the above conditions, the price of the product(s) purchased and the delivery costs will be refunded to you.

In the event of simultaneous deliveries of several products and in the event that you decide to exercise your right of withdrawal for only some of the products delivered, we will only refund the delivery costs corresponding to the product(s) for which you are exercising your right of withdrawal.

The refund will be made using the same payment method used by the consumer to pay for their order, within a maximum of fourteen (14) calendar days from the date of receipt of the returned product.

Beyond this period, no goods will be taken back, exchanged, or refunded. The goods must be returned to the following address: 2 rue Ambroisine Garnier Leray 35 000 RENNES.

Exceptions to the right of withdrawal:

In accordance with Article L.121-21-8 of the French Consumer Code, the Buyer does not have a right of withdrawal for: – products that are likely to deteriorate or expire rapidly; – products that have been unsealed or opened by the Buyer after delivery. These products cannot therefore be returned to MAROT DE LA GARAYE.

Article 8: Warranty – Liability

The Seller shall be liable under the legal warranty of conformity referred to in Articles L. 211-4 et seq. of the Consumer Code and under the warranty against defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The choice and purchase of a product are the sole responsibility of the Buyer. To the fullest extent permitted by applicable law, the Seller shall not be liable for any direct or indirect damage related to the use of the products. In particular, the Buyer acknowledges having been informed that the products sold on the Site are not intended for all types of people (such as children or pregnant women).

Furthermore, we remind you that dietary supplements are not medicines and cannot replace a balanced diet. The Seller does not grant any commercial warranty to the Buyer.

The Seller shall not be held liable in the event of unforeseeable circumstances or force majeure, i.e., any facts or circumstances that are irresistible, unforeseeable, and beyond the control of the parties.

Article 9: Protection of personal data

In accordance with the French Data Protection Act of January 6, 1978, amended on August 6, 2004, personal information relating to the Buyer may be subject to automated processing.

Personal data, such as names, first names, email address, or postal address, that you provide to EURL Marot DE la Garaye on its Website, are processed by the latter and, where applicable and as necessary, by its subcontractors involved in the management of your order, for the sole purpose of preparing and shipping orders, managing requests for the implementation of legal guarantees, and/or responding to any questions you may have. This personal data is processed in accordance with the principles of confidentiality and privacy, and in compliance with the regulations in force, and will not be transferred to any third party.

The buyer or the person subscribed to the newsletter agrees to receive offers from EURL Marot DE la Garaye and its partners.

The buyer or the person subscribed to the newsletter has the right to access and rectify data concerning them, in accordance with the French Data Protection Act of January 6, 1978, as amended by the Act of August 6, 2004. To exercise this right, you can send a letter to the following address: MAROT DE LA GARAYE – 2 rue Ambroisine Garnier leray 35 000 Rennes

indicating your full name, email address, and providing a copy of proof of identity.

Article 10: Intellectual Property

All elements of the Website are the intellectual property of the Seller. Any reproduction, exploitation, redistribution, or use of the elements of the Website, whether textual, software, visual, or audio, is strictly prohibited and may result in legal action.

Any simple or hypertext link that you create to this Website is strictly prohibited without the express written consent of the Website. Hypertext links may refer to websites other than this one. We accept no responsibility in the event that the content of these websites contravenes the legal and regulatory provisions in force.

Article 11: Miscellaneous provisions

Failure by the Seller to exercise the rights granted to it under these terms and conditions does not constitute a waiver of those rights. In the event that any provision of these terms and conditions is invalidated by a court decision, the other provisions shall remain valid and shall continue to apply between the parties.

Article 12: Mediation

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The mediation entity selected is: SAS CNPM – MÉDIATION – CONSOMMATION. In the event of a dispute, consumers may submit their complaint on the website:

http://cnpm-mediation-consommation.eu or by post by writing to:

CNPM – MÉDIATION – CONSOMMATION

27, avenue de la Libération – 42400 SAINT-CHAMOND

 

Article 13: Applicable law – Disputes

These T&Cs are governed by French law. Any dispute shall be subject to the exclusive jurisdiction of the French courts.

Article 14: Customs duties

Any order placed on the Website and delivered outside France may be subject to customs duties and taxes, which are imposed when the package reaches its destination. These duties and taxes, which are related to the delivery of an item, are the responsibility of the member. Dukan, through the website www.dukanewboutique.com, is not required to verify and inform its members of applicable customs duties and taxes. To find out about these, it is the member’s responsibility to check with the relevant authorities in their country.

Article 15: Technical issues

If you encounter a technical problem on our website, please contact us at technique@dukannewboutique.com.

Article 16: PROMOTIONAL CODES

Promotional codes are not applicable except in the following cases:

items on sale
items in the Always Good and Short Date categories
DUKAN BOXES
books