Terms and Conditions

Vendor

LA DOUCHETTE MAGIQUE
SARL POLLINATIS with capital of 15000€, registration number COLMAR TI 788 989 804.
Registered office: 18, rue des Ecoles, 68250 Pfaffenheim, France.
Phone +33 3 67 30 07 74

Scope of the Terms and Conditions

Any order from the Customer implies the unconditional acceptance of our Terms and Conditions, excluding any other document. The sales contract is subject to French law.

The Customer declares to be at least 18 years old and to have the legal capacity or to hold a parental authorization allowing him to place an order on our site.

Conditions of Validity of Offers

The offers are only addressed to Customers with a delivery address in France, Switzerland and in the countries of the European Union.

The articles visible on the site are available only within the limit of their stock. The unavailability of the requested products, whatever the reason, cannot give rise to any prejudice in favor of the Customer.

In case of receiving an order for an item that is unavailable, we notify the Customer by e-mail. In the case that payment has already been received for an unavailable item, we commit to issue a credit or refund the Customer within 15 days. The order is automatically canceled.

We reserve the right to cancel any order placed as a result of a price error resulting in the sale of the item at a price unrelated to the actual value of the item.

Product Descriptions

Articles that we offer for sale are described with the greatest possible precision. Any order received from a Customer is deemed to have been placed with full knowledge of the features and other published product information.

Despite our best efforts, it is nevertheless possible that errors, inaccuracies or omissions may occur in the content we publish, which the Customer cannot claim for compensation.

Prices

Prices are quoted in euros (EUR), VAT included, and depending on the case, eco-contributions (WEEE, etc.) included. In case of changes in the VAT or eco-contribution amounts or rates, the prices of articles may be changed automatically without prior notice to the Customer.

Unless otherwise stated, our prices will not include export duties, tariffs, taxes, fees, or any other expenses incurred by the delivery of articles outside mainland France.

In addition, in the event of delivery outside mainland France, the Customer is required to gather proper information about any legal obligations, risks, procedures, and applicable duties and taxes on his purchase. The Customer is considered as the official importer and as such must respect all the laws and regulations of the country where the goods are received.

Gift Certificates and Vouchers

Gift certificates or vouchers come in the form of discount coupons with a unique code. They are not refundable and cannot be the subject of a monetary counterpart. Products purchased with gift certificates or vouchers may however be exchanged and be subject to a credit if the situation warrants it. The gift certificate or the voucher that gets credited must be used during its period of validity.

Unless stated otherwise, gift certificates or vouchers cannot be combined with other promotions or other discount coupons.

Customer Accounts

In order to place an order, the Customer must first have created a customer account. The customer account contains the following data: e-mail address, civility, last name, first name, sex, date of birth, complete delivery address, billing address, telephone number. The account is secured by a password created by the Customer and known to him alone.

Orders

Validation of the order by the Customer implies acceptance of these terms and conditions. Any validated order entails an obligation of payment.

The transfer of ownership of items sold for the benefit of the Customer will be realized after complete and regular payment of the price by the latter, regardless of the delivery date of said products.

It is the Customer's responsibility to check the accuracy of the order and report any errors immediately.

We reserve the right to refuse to honor the order of a Customer who has not fully or partially paid for a previous order or with whom a dispute is pending.

Payments

Depending on the case, we accept several payment methods:

- Credit or debit card: The Customer provides his card number, card expiry date and CVV code. To ensure payment security and confidentiality, we rely on Stripe when processing these payments. The Customer’s financial data are encrypted to banking standard via SSL protocol and are never communicated to us.

- PayPal: The customer provides his payment identifier (e-mail address) and his PayPal password.

The financial data of the Client are encrypted to banking standard via SSL protocol and are never communicated to us.

- Bank transfer: After validation of the order, an e-mail with the amount due and our bank details is sent to the Customer for his execution of the bank transfer. The order is prepared upon receipt of the amount due. The typical lead time for receipt of the transfer is approximately 5 working days.

- Personal check: After validation of the order, an email with the amount due, the name of the beneficiary of the check and our postal address is sent to the Customer. Please note, in order to reduce the risk of fraud, the order is prepared only after expiry of a confirmation period of 10 working days after cashing the check.

Any rejection of credit card, bouncing of check, dispute or cancellation of payment with financial institutions, may give rise to a recovery procedure by our company.

Deliveries

Dates of deliveries cannot be guaranteed due to the risks inherent of the transport activity.

We do, however, make every effort to ship our orders as soon as received. Except in exceptional situations (for example, unexpected activity peaks), orders received before 12am are generally dispatched the same day (working days, subject to receipt of payment).

For shipments to Metropolitan France, we offer La Poste, Colissimo, and Mondial Relay services. For shipments to the DOM-TOM and countries other than France, we rely mainly on the Colissimo service.

In metropolitan France, orders shipped are generally received 2 to 3 working days after shipment. In DOM-TOM, deliveries generally take about ten days. In other countries, deliveries are generally received within 5 days of shipment.

Orders over 59 € (VAT included) shipped to metropolitan France are delivered carriage paid (free delivery). For all orders to Metropolitan France, shipping costs depend directly on the carrier selected. For orders to DOM-TOM, U.E. countries and Switzerland, we charge a flat fee of 10€ for delivery. For other countries, the cost of delivery is specified at the time of validation of the order.

At the reception, the Customer is invited to check his parcel, and if it appears that it has been opened or if it bears obvious signs of deterioration, to write a reservation (for future claim) on the delivery receipt.

In case of missing or damaged products, and when established that it was physically impossible to see the defect at time of receipt, the Customer is invited to notify the carrier and our company within 7 days of receipt of the products.

Goods not Received

In the event that the goods shipped are returned to us by the carrier, due to address errors or unclaimed packages at the post office or delivery point, we will contact the Customer to ship his order again, or refund it as the case may be.

We reserve the right to issue a refund in lieu of reshipping an order, in the case the carrier continues to be unable to deliver the goods because of address errors or unclaimed parcels.

In case of return due to the refusal of the delivery by the Customer, we will credit the Customer account with a voucher within 72 hours of receipt of the package. In case shipping was paid for by our company, the value of the voucher will be automatically reduced by the amount of the shipping expense. The Customer has the option to request the refund of the voucher.

In case of return by the carrier of the products shipped, we cannot guarantee the availability of the same articles. In this case we may be required to issue a refund of the order.

Right of Retraction

The Customer has a period of 14 days from the date of delivery to notify us of his wish to return products that would not bring him satisfaction.

In order to do this, the Customer connects to his customer account, navigates to section "Order history". After selecting the order and the products concerned, he completes the form "Generate a return”.  After validation, the Customer gets a return slip with a unique number. This return slip must be included in the return package.

After obtaining the return slip, the Customer has a period of 14 days to return the products. Please note, exceeding of this period nullifies the exercise of the right of retraction.

Products must be in the state in which they were received. Products incomplete, damaged, or with visible signs of use will not be accepted.

Shipping costs of returned products are the responsibility of the Customer, however the shipping costs of any replacement products (in case of exchange of products) are at our expense. 

The refund is made quickly after receipt and verification of the return. Refunded amounts include products and delivery charges paid, with the exception of additional charges arising from the use of more expensive delivery methods than our standard delivery.

Guarantee of Conformity

Unless otherwise stated, our products are guaranteed for 2 years against any manufacturing defect or lack of conformity. The start date of the guarantee is the date of receipt of the products.

To be eligible for this warranty, the products concerned must have been used under normal conditions, for their intended use, and according to the maintenance instructions. The products must not have suffered damage during use, storage or transportation, or interventions intended to change their appearance or functions, or attempts of repair. Defects or deficiencies specified at the time of purchase (for example, products refurbished or sold at a discount due to minor defects) are excluded from the warranty.

To exercise the guarantee, the Customer contacts us on serviceclients@ladouchettemagique.com or by postal mail, including a copy of the purchase invoice, in order to obtain a return slip. The Customer may then return the products concerned for exchange or repair (whichever is most cost-effective), or for refund, if neither exchange nor repair are possible.

Intellectual Property

All elements of our site, whether visual or audio, including their underlying technologies, are our exclusive property, protected by copyright and intellectual property around the world.

As such and in accordance with the provisions of the intellectual property code, only the use for private use, subject to different or more restrictive provisions of said intellectual property code, is authorized. Any total or partial reproduction of our site is strictly prohibited.

All the brands mentioned remain the property of the companies concerned.

Responsibility

For all activities related to accessing the web site, viewing pages, filling forms, ordering, receiving products or services, our company has only an obligation of means. Accordingly, we cannot be held liable for any inconvenience or damage arising from the use of the internet, such as disruptions in the provision of the service, external intrusions or the presence of computer viruses.

Our company cannot be held responsible for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of products sold.

Disputes

To make a claim or dispute, Customers is invited to send us a written request by e-mail to serviceclient@ladouchettemagique.com. We will do our best to solve it. If the amicable attempt for resolution fails, a request to a mediator must be made within one year from the amicable complaint. The customer is invited to use the following "dispute resolution" platform to resolve the disputes: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

Applicable Laws

This contract is subject to French laws. The original language of this contract is French. Disputes of any nature or cause are subject to the exclusive jurisdiction of the French courts.