General conditions of sale of the website www.degxel.co.uk
Trade name: DEGXEL UK
Company: FOXOF registered in 2009 in Nantes (France), n° RCS518847967 with a capital of €67500
Intra community VAT number: FR45518847967
This site is declared to the Commission Nationale Informatique et Libertés (CNIL) under the number n°2085420VO and complies with the provisions laid down by law n°78-17 from the 6 of January 1978, relating to computers, files and freedoms. Pursuant to law n°78-17 from the 6 of January 1978 on computers, files and freedoms, you are entitled to rights of opposition (art.26), access (art.34 to 38) and rectification (art.36 of the same Act) of all data concerning yourself. Declaration CNIL n°2085420VO, Host (France): 1&1, 7 place de la gare BP 70109, 57201 Sarreguemines Cedex – Tel: 0805 35 25 04. Publishing supervisor: D.DELAUNAY
Article 1. Purpose of the sales contract
Article 2. Orders
Article 3. Products
Article 4. Payment Terms and Security
Article 5. Delivery and responsibilities
Article 6. Conditions for exercising the right of retraction
Article 7. Guarantees and After Sale Service
Article 8. Litigation
Article 10. Contact our Customer Service
Article 1: Purpose of the Sales Contract
The merchant site www.degxel.co.uk (hereinafter called « the site ») is an e-commerce site accessible via the Internet, open to any user of this network (hereinafter called « user »). Foxof acts as a seller and the user as a buyer. The user wishing to buy on our website declares having full legal capacity.
These general conditions of sales are intended to define, exclusively because of the relationships they establish on the Internet, the rights and obligations of the parties incurred from the online sale of products and services offered on the site. These general conditions are the only ones applicable and replace all other conditions, unless prior written derogation. Foxof may be occasionally obliged to modify certain provisions of these general conditions, so it is necessary for you to reread them before each visit of our website www.degxel.co.uk. We consider by validating your order that the buyer accepts without reservation our general conditions of sales after having read them. Similarly, by accessing the site, you agree to the general conditions as well as the conditions of use contained therein.
Article 2: Orders
To place an order, we offer you the following means:
– by internet on our website www.degxel.co.uk 24h a day, 7/7
– by phone at 0330 684 5144 – see opening hours –
– by mail (see address below) with a print of your order and your payment method sent to our society. Orders sent directly by the buyer, engage directly the seller only when they have been accepted in writing.
The acceptance of general conditions is not conditioned by a handwritten signature from the buyer, in accordance with the provisions of the articles 1316 to 1316-4 of the Civil code, supplemented by Decree N°2001-272 from the 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and related to the electronic signature. It is recalled that the validation of the order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the entire order and payment due pursuant that order. Any order signed by the consumer by “double click” constitutes an irrevocable acceptance which can be challenged within the limits provided in these general conditions of sales. The “double click” associated with the authentication and non-repudiation and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties in the same capacity as a handwritten signature. The records stored in DEGXEL computer systems will be considered as proof of communications, orders and payments between the parties. The orders are considered as firm and final.
Any changes of orders or any accessory or derogatory conditions as to the purpose and conditions of sales are only valid insofar as they appear in the offer or if they have been validated by the seller. Accordingly, any clause from the buyer, not accepted in writing by the seller, which would be in conflict with these general conditions would be considered void.
Once the order and the payment are made online, the buyer wishing to cancel the order should contact DEGXEL and indicate the references of the order to cancel. Our customer relationship management system via the contact area of this site allows you to record this request 24/7. Your personal account on www.degxel.co.uk also allows you to keep track of your order. In case of cancelation and if the payment have been executed, DEGXEL undertakes, in accordance with the Article L12.20.1 of the code of consumption, to repay the buyer within a maximum deadline of 14 days.
DEGXEL reserves the right to refuse to execute a delivery or to accept an order by a consumer who wouldn’t have fully or partially paid a previous order or with whom a dispute is being administered. Or if for the selected payment method all the required conditions are not met to guarantee the payment.
Case of exports
If the goods are exported outside of the European Union (Switzerland, Norway, other areas, etc.) it is the buyer’s responsibility to address the competent authorities, the amount corresponding to all the rights and taxes relating to the import of goods in the country of destination. The buyer can not in any case revoke the order for any reason relating to his expenses.
Article 3: Products
Our product offers and prices are valid until they are visible on the site. The technical information contained in the catalogues, websites, technical notes, etc… are only FYI and can be modified without notice by DEGXEL. The pictures associated with the products do not enter the contractual framework only to a limited extent. Indeed, the concepts of colours, in particular, are very subjective depending on computer screens where the user consults the offers. Therefore, if these elements were to present for any reason a wrong character (for the client), DEGXEL could not be held responsible.
Regarding the use of products of any kind, it is imperative to refer to the manual before use and especially the security of use section. Every product comes with a manual in English.
Regarding the decorations that appear on some heaters, those belong to the service providers who provide the pictures in high definition. It is also possible that one of these providers does not inform us about the removal of a picture belonging to its catalog. In that case, we are no longer able to acquire that picture in order to print it on our heaters. We propose an immediate refund to the customer or the choice of another picture. Unfortunately this is totally beyond our control.
We are committed to apply the current rates that were displayed on the website at the time of your order. They are guaranteed unless a typographical error or omission. The prices listed on the site are in Pounds and include all taxes but exclude shipping costs. Delivery costs are partially passed on to the customer in the form of participation. Exceptionally they can be offered, especially when a certain amount of order is reached. In all cases, this information is clearly indicated at the shopping basket level.
The prices are subject to French VAT. According to the law, we are obliged to charge VAT for orders shipped in Europe. If you are a professional (domiciled outside of FRANCE) with a valid VAT number, please contact us so we can establish an invoice without VAT.
Article 4: Payment and security
In the framework of the payment by credit cards and security policy of payments made on Internet, further information may occasionally be requested or required to validate your purchase. Similarly, any order which amount exceeds a limit set by DEGXEL, an ID card as well as a proof of address will be required to be sent by fax, email or mail. These measures are intended to fight more effectively against possible frauds experienced by ourselves and by our customers.
In the case of payment by credit cards, the transaction and the debit of your account in the amount of the order occurs immediately when ordering or in the following days. The delivery time of the products being at least 3 weeks, there may be a significant time lag between debiting and delivering the order. The customer agrees to the fact. The goods will be shipped after the validation of the collection of the total order amount.
In the case of payment by bank transfer or PAYPAL, the order is processed upon receipt of payment confirmation. Your order is reserved for 7 days. Beyond this period, without receiving your payment, it will be automatically canceled.
Article 5: Deadlines, Delivery and Responsibilities
Our standard delivery time is 3 weeks excluding weekends and holidays. This cannot be shortened. We do our best to meet the delivery deadlines. Any possible delays cannot in any case justify the payment of compensation. The deadlines we show are average times and correspond to the time of processing, preparation and shipping of your order to which the transportation time must be added. It is stated that orders received on Saturdays, Sundays or holidays are processed the next business day. In case of any further delay, we are committed to contact you immediately by email or by phone to inform you about this delay and tell you how quickly the product can be delivered. The delivery time indicated on the product datasheet does not include fraude controls or any further justifications that can sometimes be requested when ordering.
A shipping confirmation email will be sent to you at the time of the shipment of your order. For reasons beyond our control, it is possible that this email does not reach the recipient (spam filters etc.). The product is delivered by an independent carrier (geodis, ups, etc.), depending on the nature of the order and on the exclusive initiative of DEGXEL, to the shipping address mentioned on the electronic order. DEGXEL reserves the right to modify at any time the carrier to deliver the order. The delivery is performed at the landing door with your help if necessary. Your parcel will be delivered to your house or at the foot of the building if you live in an apartment. Therefore, you must provide the ascent of your parcel. It is the same in case of a removal and/or re-delivery in case of after sale intervention. Any possible costs of participation to the preparation and shipment of the order are calculated according to the weight, volume, value and shipping destination. This information is communicated to the buyer upon arrival in the shopping cart. For parcel tracking reasons, it is impossible to deliver the order to military bases or other similar premises.
Checks on delivery: a mandatory procedure!
The buyer has the legal and contractual obligation to verify the physical conformity of the delivered goods at the time of delivery and before signing the delivery note of the delivery man. Our goods travel at the risk of the recipient who must by taking possession of the parcels verify them in the presence of the delivery man even if the packaging seems to be intact. If the items were damaged, there are some missings or a substitution or any other mistake, the buyer must IMPERATIVELY refuse the parcel and note a detailed handwritten reserve, signed and dated on the delivery note (electronic or not) of the carrier (example: parcel refused because opened or damaged).
DEGXEL declines any responsibility and shall not compensate the buyer, if upon receipt the buyer has not made the necessary reserves and has not refused the goods. This verification is considered as done once the buyer or any other person receiving the goods at the shipping address of the order has signed the delivery note of the carrier. The transport risks are borne by the seller, provided that the buyer has verified the goods upon arrival and has exercised (pursuant to articles 105 and 16 of the Commercial Code), where appropriate, his appeal BY REFUSING the parcel(s).
In the case of a loss of parcels during the transport, the investigation deadlines which vary according to the carrier are generally in the order of 2 to 3 weeks. DEGXEL reserves the right to wait until the end of the investigation of the carrier before re-delivering any new product to the customer.
DEGXEL cannot be held responsible in case of force majeure or events such as lockout, strike, full or partial work stoppage in the factory of the seller or its suppliers (including postal and transport services), epidemic, war, requisition, fire, flood, interruption or delay in transportation, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods. The seller will inform the buyer in a timely manner of the cases and events listed above. In any case, the delivery within the deadlines can happen only if the buyer is complying with his obligations towards the seller regardless the cause.
Article 6: Conditions for exercising the right of retraction
Inasmuch as the customer is a consumer the conditions laid down by the Article L121-16 of the Consumer Code apply. According to the Article L121-20, the consumer has a period of 14 days, starting from the date of the order reception, to exercise his right to retraction without having to give a reason nor to pay any penalties. Under the new provisions of the Macron 2015 law on distance selling, the buyer can retract only after the delivery of the goods.
According to the Article L. 121-21-2 of the Consumer Code, the consumer informs the professional about his decision of retraction by sending, before the expiry period of 14 days, the retraction form that has been provided by the professional or any other declaration, unambiguous, expressing his willingness to retract.
The buyer can use the retraction form below (or another mean of his choice) to inform our company by post (Foxof, 12 Rue Auguste Rodin, 44100 Nantes, France) or by email (firstname.lastname@example.org or by contact form) of his intention to retract:
For the attention of FOXOF company,
I notify hereby my retraction from the contract regarding the sale of the goods below:
Ordered on / received on:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only if the notification form is printed on a paper):
The return of goods is carried out at the expenses and risks of the buyer. Products returned against refunding or postage due will be refused at reception. The buyer must return the goods intact and complete (original packaging, original accessories, original instructions, etc.) to the following address: FOXOF company, 12 rue Auguste Rodin, 44100 Nantes, France. The goods must always be accompanied by the invoice or any evidence that allows to formally identify the buyer. Pursuant to Article L. 121-21-3 of the Consumer Code, if the consumer exercises his retraction right, he is required to return the goods to the professional without undue delay and at the latest within 14 days from the day of retraction.
Once the return procedure of the goods is finalised, our company will refund the buyer within a maximum period of 14 days after the return of the goods (complete and in perfect aesthetic and operational condition) to the aforementioned address. After the expiry of the legal retraction (cooling-off) period, the reimbursement of the purchase is no longer possible for any reason whatsoever.
For any query regarding your order or the retraction period, our customer service is at your disposal by means of contact of your choice listed in the paragraph contact.
- In accordance with the provisions of the Article L 121-21-8, 3° of the Consumer Code, the right of retraction shall not be exercised on the supply of goods made according to the customer’s specifications or clearly personalised or which due to their nature cannot be returned or are liable to deteriorate or expire rapidly.
Therefore, the cooling-off period does not apply to the type of heaters like “picture heaters (indeed the decorations or colours are 100% personalised and printed to order)”, “glass heaters (indeed the colours are printed to order)”, mobile heaters on columns and mirror heaters that are made 100% on order and exclusively at the request of the buyer. This is also the case for heaters with frame. Indeed, the frame is a customisation option: it is impossible to remove the frame without damaging the heater once it’s glued.
On a complementary basis, when applicable (for aforementioned products), the waiver of retraction right is clearly reminded on the quote, or proforma invoice that accompanies the offer. In that case we require a formal “order approval” from the consumer who can accept or refuse to waive his retraction right. Once the consumer has waived his retraction right and has given us his “order approval”, we start the process of manufacture of the goods ordered and customised specifically by the customer.
Customisation and rendering of colours on the heaters:
Within custom colours (picture or glass heaters), the customer must provide the colour when ordering. However, note that for technical graphical reasons our reference will always be a HEX, RGB, or CMYK code. This means that if you provide us a RAL code, we will transform it in CMYK code for manufacturing (the RAL CMYK transformation is accurate only 95%). So if you know your CMYK code you can provide us that CMYK/RGB code directly. As for glass heaters the colour is printed at the back of the glass so the final look is little bit shiny (same as a glass plate).
As we are professionals and above all looking for your satisfaction, we believe that you need to know some essential notions before you decide. All the explanations necessary for the understanding of colour impression on our glass or picture heaters are described on the following page: https://www.degxel.co.uk/heaters-and-custom-colors . This information is reminded on the quotes and purchase orders. You can also contact our customer service for any additional query.
For the reasons described on the explanation page, our responsibility will always be limited to produce a heater with CMYK colour you have ordered. We cannot in any way be held responsible for a colour that does not suit you or that does not approach enough the colour of your wall for example. In the case of glass or picture heaters, we remind you that by accepting these general conditions of sale you waive without reserve your retraction (cooling-off) period.
Article 7: Guarantees and after sale service
Our service does not include the assembling and/or the installation of the product that must be performed by a qualified professional in accordance with the user manual. DEGXEL cannot be held responsible for improper installation or use of the products sold on our website. DEGXEL cannot be held responsible as for any injuries that could occur to the user or for any damages that could occur to the device due to improper use.
DEGXEL disclaims any liability for any direct or indirect damages, operating or profit loss, damages or expenses that might arise from the purchase and use of any product displayed on our website. The responsibility of DEGXEL will be in any event limited to the amount of the order. Although our products have the performance compatible with professional use, DEGXEL has no vocation for selling to professionals exploiting our goods as part of their business. Therefore, DEGXEL cannot be held liable for any damages whatsoever arising from business activity.
The selection and the purchase of a product or a service are under the sole responsibility of the customer. The total or partial inability to use such products due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or impleading the responsibility of DEGXEL, except in the case of a hidden defect found, nonconformity, defect for which the responsibility of the manufacturer is engaged.
The DEGXEL company is not the producer of the products sold within the meaning of the law n°98-389 from the 19 of May 1998 concerning the liability for defective products. Therefore, in case of damages caused to a person or a property by a defect of the product, only the responsibility of the producer thereof may be sought by the buyer.
When the product has a manufacturer’s guarantee, it is clearly indicated on the product datasheet (directly on our website) and is in any case mentioned on the invoice. Manufacturer guarantee means the guarantee applied by the manufacturer. The latter is the reference since it sets the initial date of the assumption of guarantee. See the manufacturer’s instructions (supplied with the product). Each device is subject to a legal guarantee provided by the articles 1641 of the Civil Code as well as by the manufacturer’s warranty.
In case of failure during the period of guarantee, the repairs will be performed free of charge by the manufacturer.
This guarantee is as follows: the replacement of defective parts, labor in our workshops, the transport costs related to the re-delivery of the customer. It is the buyer’s responsibility to send the defective product at its own expense to the After Sale Service (manufacturer), after prior agreement with DEGXEL that will tell you its contact information.
The seller’s guarantee is limited to repair, partial or total replacement of goods found defective by the seller or the manufacturer, taking account of the use which has been made, and this under the free choice of the manufacturer or its technical service. The seller engages only to ensure the replacement of defective parts in order to get the device in normal operating conditions, without any extension of the original warranty. In any event, any commercial proposition of the after sale service is only valid for a maximum duration of 90 days in the limit of the end date of the guarantee written on the invoice. The incident application is deemed automatically terminated 90 days after its opening, in the absence of the customer’s answer. In all cases the malfunction can be affirmed only at physical receipt of the product reported as defective by the customer. In the case of manufacturer’s bankruptcy, the seller cannot replace the latter. The seller will do its best to provide an adequate solution. No financial or material compensation is awarded during the repair period and thus the product unavailability.
In all cases, the seller cannot be held liable under the guarantee of failures or damages caused directly or indirectly in the following cases: negligent use or storage, connection or manipulation error, maintenance and use not in accordance with manufacturer’s or seller’s specifications, adding of additional device or accessory, electromechanical modification or transformation, defects attributable to external circumstances (moisture for example). In case of bankruptcy or supply impossibility of the manufacturer, the buyer cannot turn against the seller. To qualify for the guarantee of the products it is imperative to keep the purchase invoice of the product.
The guarantee right is not transferable, only the original buyer of the product can benefit of it.
Article 8: Litigation management
The goods remain the property of DEGXEL until full payment of the order. Therefore sales are made with retention title.
This retention of title does not prevent the transfer of risks of loss or deterioration of the products to the customer as well as damages that may occur after delivery.
All discrepancies relating to the formation, execution and termination of contractual obligations between the parties that cannot lead to an out of court settlement will be subject to the jurisdiction of the court of Nantes (France). The present contract is regulated by the French law. The Customer has the possibility of using a conventional mediation or other alternative dispute resolution. In accordance with the articles L152-1 to L.152-5 of the Consumer Code, every consumer has the right to use a free of charge consumer ombudsman for the amicable resolution of the dispute against a professional. To this end, our company guarantees to consumers the effective use of a consumer mediation mechanism available here: http://www.mediateurfevad.fr/
We are aware that the protection of your privacy is essential to build a long lasting relationship with you. We are committed to adequately handle the information you provide to us. The FOXOF Company processes personal data of all internet users as a data controller.
What are the data we collect good for?
Notification and collecting the information concerning yourself (first name, last name, shipping/billing address, email) is mandatory within the framework of distance selling (processing, shipping, invoicing). We may also collect the data you indicated voluntarily through our contact form you have filled in. The purpose of the data processing is to respond to your requests. Therefore, they are mandatory. Only qualified and concerned staff has the access to data. We do not rent or sell your data to anyone. We keep this data only for the legal period provided by law.
How do we protect your data?
As part of the execution of our services, we place the highest importance to the security of your personal data. Under our obligation of means, we are committed to take all appropriate precautions and implement all appropriate technical and organizational measures to ensure the highest level of security to protect these personal data against any alterations, destructions, misuses and unauthorized access.
In any case, we do not have access to your payment information (credit cards, paypal, etc.). Personal data are stocked on hosting servers exclusively located in the European Union and FOXOF Company is committed not to transfer any personal data of internet users to hosts in any country.
Details regarding cookies
Navigating on our website is likely to install cookie(s) on the user’s computer. A cookie is a file that does not allow the identification of the user. Its function is to record the information about navigation of a computer on a website. The data collected are intended to facilitate subsequent navigation on the website as well as to allow measuring operations of visits (via third party tools like Google Analytics). These third-party tools respects the GDPR. We commit ourselves not to register a cookie if the user does not explicitly give his consent for that. We do not keep this data beyond the time limits provided by law.
What are your rights?
At any time, << you have the right of access, modification, correction, opposition, limitation of processing, portability and deleting data concerning yourself (art. 34 and 36 of the law « Informatics and Liberties » from the 6 of January 1978) >>. For this, make a written request to our customer service (see Contact). You can also delete your data directly from your customer account (the one you have created when making your order). At your request we undertake to destroy all copies of your personal data without delay.
Links to other partner sites are available on our website. DEGXEL disclaims any responsibility if the content of these sites violates the laws and regulations in force.
Article 10: Contact our customer service
Contact DEGXEL Customer Service in English:
• by post: DEGXEL, 12 rue auguste rodin, 44100 Nantes (France)
• online: from the page https://www.degxel.co.uk/contact-degxel-uk.html
• by phone at 0330 684 5144 from Monday to Friday from 9am to 12pm and from 2pm to 5pm
To optimize the processing of your requests, please always specify the references of the order concerned, your first and last names, your email, as well as the subject of your refund request, return, proof, request for information, etc.
Thank you for your support.