Gtc & Legal Information 2018-08-09T12:32:48+00:00

General conditions of sale of the website www.degxel.co.uk

Identity

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

Summary

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. Guarantees and After Sale Service
Article 7. Litigation
Article 8. Privacy Policy and General Data Protection Regulation (GDPR of the European Union)
Article 9. 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.

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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.

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Cooling-off period:

The mention “Satisfied or Refunded” corresponds to the conditions provided by the article L121-16 of the Consumer Code and within the framework of distance selling for individuals. Pursuant the article L121-20, the consumer (individual) has got a period of 14 calendar days to exercise his right of retraction without any reason or paying any penalties, except for return shipping costs. He’s got a 14 calendar days cooling-off period starting from the delivery of his order which will be refunded against the full restitution of delivered products, even the offered ones. He’s got the time to return the product, by his own means, in perfect aesthetics, operational and packaging conditions.

The return of the goods is on expenses and risks of the buyer. Products returned against refund or postage due will be refused at reception. The buyer must return the goods intact and complete (original packaging, original accessories, original manuals, etc, …) respecting the cool-off period (L121-16 paragraph 1) at the following address: DEGXEL (FOXOF), 12 rue rodin, 44100 Nantes, France. Goods returned incomplete, damaged or soiled will not be taken back by our service. The goods must always be accompanied by the purchase invoice or any evidence to formally identify the buyer.

Orders are firm. They engage the consumer as they engage our society. Under the new provisions of the law Macron 2015 on distance selling, the buyer can retract only after the delivery of the goods.

EXCLUSIONS:

  • The right of retraction shall not be exercised on the supply of goods made according to the customer’s specifications or clearly personalized or which due to their nature cannot be returned or are liable to deteriorate or expire rapidly. This is in accordance with the provisions of the article L 121-21-8, 3°.

Therefore, the cooling-off period does not apply to the type of heaters like “picture heaters (personalized decorations or colours)”, “glass heaters”,  mobile heaters on columns and mirror heaters that are made 100% on order and at the request of the buyer. This information is clearly presented at the end of the order process, just before the payment. This is also the case for heaters with frame. Indeed, the frame is a customization option (it is impossible to remove the frame without damaging it once it’s glued).

  • The right of retraction does not apply to professionals.

For any queries about your order or the retraction process, our customer service is available to answer any of your questions.

Following the return procedure of the products, DEGXEL engages to refund the buyer within a maximum period of 14 days after the return of the goods (complete and in perfect condition) to the aforementioned address. At the end of the legal cooling-off period, the refund of the purchase is not possible.

Colour customization:

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).

Article 6: 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 7: 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/

Article 8: Privacy Policy and General Data Protection Regulation (EU GDPR)

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.

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.

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 9: 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.