ARTICLE 1: PURPOSE
These general conditions of sale govern the contractual relationship between duncan-nice.com website of the DUNCAN companyand client, both parties accepting them without reservation. DUNCAN company is head quartered at 7 rue de la Terrasse– on the corner of rue Saint François dePaule-06300Nice and is registered with the RCSNice.
These general conditions of sale prevail over all other conditions contained in other documents, unless prior express written consent. duncan-nice.com is a site specializing in the mail-order selling of top-end model clothing.
ARTICLE 2: ORDER
Our site is the subject of maximum security. The payment process is provided by HSBC, specializing in secure payment solutions. You do not make your payment on our site but on the HSBC website. In any case, your credit card number is not transmitted to us.
The sending of the order by the customer implies its adhesion to these General Terms and Conditions.
The client will pass the order in accordance with the conditions listed on the site.
Any order validated by the customer will be considered effective only after acceptance by duncan-nice.com web server payment withheld by duncan-nice.com. In case of refusal of the bank, the order will be canceled and the customer notified by phone, mail, or email.
duncan-nice.com reserves the right to make the necessary investigations of its new customers by all appropriate means, including requesting photocopies of certain documents.
Orders are honored within the limit of the available stock. All products sold by duncan-nice.com are new. Any request for order cancellation must be addressed through an email to customer service firstname.lastname@example.org or a letter to NICE OPERA - 5 rue St François de Paule - 06300 Nice, specifying the reference of the ordered product, your order number and your name before its shipment.
ARTICLE 3: PRICES
On duncan-nice.com product prices are billed in Euros all taxes included but do not include shipping or delivery charges or guarantee options.
The prices are those applied on the date of the order within the limits of available stock and subject to change with the French TVA rate. Any change in this rate would then be reflected immediately on our prices.
duncan-nice.com reserves the right to change its prices at any time before ordering. A detailed invoice will be sent to the customer with its package or be downloaded from the site.
All prices are provided with reservations for obvious typographical error. So the price you see is the price charged, except in cases of significant error as the price appears to be manifestly ridiculous. The law prohibiting resale at a loss, in case of error, duncan-nice.com contacts the customer to inform him of the mistake made by his office and reminds him that the order will be charged to the corrected conditions. However, in case of refusal conditions corrected, the customer is free to cancel the order without penalty. It will then be refunded the amount debited within 14 days.
ARTICLE 4: AVAILABILITY OF PRODUCTS
Product availability is indicated on each product, indicated a delivery time of 1 working day or 9 working days from the time the order is accepted by duncan-nice.com. In case of non-compliance with the delivery (according to law, exceeded 8 days) the customer may cancel all or part of its order and it will be refunded within 14 days.
If a product is no longer available from the manufacturer, duncan-nice.com, when he will be informed, will refund the order. This product is not available due to the cessation of production, will not give rise to compensation in any form whatsoever.
You can pay your order:
by credit card: credit card, e-credit card, Visa, MasterCard, American Express. Your account will be debited to the shipment of products. If exhausted or unavailable products, the amount of these products will not be charged.
With your PayPal account (only available for delivery in France and Monaco). By choosing payment via PayPal, you will be automatically directed to your PayPal account. Once validated your PayPal payment, you can complete your order on the Website.
ARTICLE 6: DELIVERY
Deliveries are made only in France. Shipping or delivery are under customer charge and vary according to the type of control (amount, nature, volume); they are indicated to the Customer before he validates his order. The delivery of packages is performed by a carrier.
When the product is shipped from our store you will be notified by email.
Subject to availability, delivery will be made to the address specified by the customer, who agrees to accept the goods ordered. In the absence of the customer during the delivery, a notice will be left in his mailbox inviting him to withdraw his parcel to the nearest branch or to remind the carrier to arrangean appointment.
The delivery is done by making available the ordered products by the carrier to the customer.
It is materialized by the signing of the delivery note by the customer.
For withdrawals on our Nice store you will be informed by telephone of the day from which your product will be available in our store. You can come to this moment remove the product by presenting your bill that you have printed.
The customer must ensure at the time of delivery with the carrier to have announced the number of parcels and the good condition of goods unpacking products. If the product (s) delivered do not conform in kind or quantity on the specifications indicated on the delivery note attached to the shipment or sustained damage during transport, the customer must fill in the slip delivery legibly his reserves, and reject the product if it must be exchanged. Clearly indicate the nature of the subject, the reference subject to unpacking is unnecessary and does not protect you. In doubt refuse the package.
You must report shipping damage to duncan-nice.com by email to email@example.com, and by registered letter to DUNCAN, 7 rue de la Terrasse - Angle Rue Saint François de Paule - 06300 Nice.
No exchange or refund will be made if these instructions are not followed. The customer returns the product (s) to duncan-nice.com if needed. The customer will be contacted soon by duncan-nice.com to be again delivered free of charge.
Under the terms of Article L 121-16 of the Consumer Code, the buyer has a period of 14 clear days from the delivery of the order to request reimbursement of (these) product (s) ordered to the seller. The right of withdrawal is exercised by e-mail to firstname.lastname@example.org or by letter to DUNCAN, 7 rue de la Terrasse - Angle Rue Saint François de Paule - 06300 Nice.
The customer returns the product (s) to duncan-nice.com, the return costs are at the customer's expense. The product has to be in its original packaging and in perfect condition.
The product(s) returned in postage due or against refunding will be refused.
The repayment (s) of product (s) and shipping charges when ordering after return will be within a maximum of 7 days.
You benefit from the legal guarantee of conformity in accordance with Articles L. 211-4 and following of the Consumer Code and the guarantee against hidden defects in accordance with Article 1641 of the Civil Code.
Except for deliveries in France and Luxembourg, we assume no liability in the event that the item delivered does not respect the legislation of the country of delivery.
We are committed to provide all the care in use in the profession for the implementation of customer services. Nevertheless, our responsibility could not be retained in case of delay or breach of our contractual obligations if the delay or failure is due to any cause beyond our control: unforeseen circumstances case or force majeure as defined by applicable law.
Our responsibility will not be engaged in case of delay due to a shortage of stock at supplier.
We implement all the means at our disposal to ensure the services objects of these Conditions of Sale. We are responsible for any damage direct and foreseeable at the time of use of the Website or the conclusion of the sales contract between us and you.
The limitation of liability referred to above does not apply in case of willful misconduct or gross negligence on our part, in case of injury or liability for defective products, in case of eviction and in case of non-compliance (y including because of hidden defects).
The guarantee applies in the context of use and does not cover:
Failures or defects attributable to causes of external origin.
The resulting modification of the original features of the product.
Failure to follow the manufacturer's cleaning instructions.
In the case of a dispute during unpacking, after obtaining the agreement of duncan-nice.com article can be exchanged, transport being chargeable to duncan-nice.com unless the company does not recognize litigation unpacking.
Additional safeguards may be purchased from our company.
Keep the original packaging they can serve you in case of problem.
Responsibility for duncan-nice.com can be sought in case of occurrence of a force majeure (strike, flood, fire ...). duncan-nice.com cannot be held responsible for any damages that may arise from the purchase of products.
ARTICLE 10: PROPERTY RESERVECLAUSE
It is agreed that the goods delivered and invoiced to the customer remain the property of duncan-nice.com. Until effective and full payment of their price, in accordance with Law No 80-335 of 12 May 1980 and 115 articulated paragraphs 2 and 122 of Law No. 85-98 of 25 January 1985. Sales are made with reservation of ownership and transfer of this property only after full payment. Failure to pay could lead to claim the goods.
The above provisions are without prejudice to the date of delivery to the transfer to the buyer the risks of loss or damage to property and damage it may cause. It is agreed that the goods delivered and invoiced to the customer remain the property of duncan-nice.com until full and effective payment of their price, in accordance with Law No 80-335 of 12 May 1980 and Articles 115 paragraph 2 and 122 of law No. 85-98 of 25 January 1985. sales are made with reservation of ownership and transfer of this property only after full payment. Failure to pay could lead to claim the goods.
The above provisions are without prejudice to the date of delivery to the transfer to the buyer the risks of loss or damage to property and damage it may cause.
ARTICLE 11: PERSONAL DATA
The personal information collected for purposes of distance selling is required, this information is essential for processing and delivering orders, preparing invoices and warranty contracts. The lack of information results in the cancellation of the order. Data collected in this context are by duncan-nice.com and intended for it.
In accordance with the "Informatique et Libertés" law, the processing of personal information about customers duncan-nice.com has been declared to the Commission Nationale Informatique et Libertés (CNIL). The customer has a right (Article 34 of the Act of 6 January 1978) to access, modify, rectify and delete data concerning him that he can exercise by mail by justifying his identity:
DUNCAN, 7 rue de la Terrasse - Angle Rue Saint François de Paule - 06300 Nice
In accordance with the Data Protection Act of 6 January 1978, at any time, a right of access, rectification, and opposition to all your personal data by writing a letter and by justifying your identity.
This contract is subject to French law. Any dispute regarding the validity, interpretation or execution of this contract will be subject to the exclusive jurisdiction of the Nice court.