Domaine Dischler

Conditions of sale

Date of last modification: October 28, 2022

ARTICLE 1 – Fields of Application and Modification of the General Conditions of Sale

These general conditions of sale apply to all orders placed on the Site.
The Company reserves the right to adapt or modify these conditions at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order, attached as a PDF file to the Customer’s order confirmation.

ARTICLE 2 – Availability of products

Our offers are valid as long as they are visible on the site throughout the current year, within the limits of available stocks.

In the event that, after your order, a product or service becomes totally or partially unavailable, the Company will inform you by e-mail and/or telephone of this unavailability, and will give you the possibility of obtaining a product similar to a similar price, or refund you.

You can order an item that is no longer in stock, the restocking times being indicated on the product sheet. In the event that the restocking exceeds 29 days from the validation of the order, we undertake to offer you a similar product at a similar price, or to have you reimbursed.

If you have chosen to be reimbursed, the reimbursement will be made via the payment method selected when ordering within a maximum period of 14 days from the request.

ARTICLE 3 – Validation of orders

To place an order, the Customer follows the various ordering steps scrolling on the Site:

Select the item(s) chosen by clicking on “Add to basket”
Identify yourself using the “contact details” section (and for the first time, create an account)
Choose the terms and conditions of Click and Collect or delivery.

To move on to the next phase, you must confirm that you are aware of the delivery times by ticking the corresponding box.

The summary of your order appears on the screen. Before validating your order, you must check the elements of the order, including its total price, and if necessary, identify and correct the errors, then confirm that you have read the general conditions of sale and that you accept them without reserve by ticking the corresponding box. You are informed of your right of withdrawal, then you must validate your order by clicking on “I confirm my order and acknowledge that it requires a payment obligation”. We draw your attention to the fact that this order confirmation commits you and constitutes irrevocable and unreserved acceptance of your order with payment obligation.

You must then select the terms of payment through the “payment” section.

We will send you an e-mail confirming receipt of your order as soon as possible.

ARTICLE 4 – Price

The prices are in Euros, all taxes included and eco-participation included if applicable (see the amount of the eco-participation in the product description).
Shipping costs defined in Article 6 are added to each order. A shipping cost simulator is offered to you in the “Basket” before registering on the Site.

Special cases :

Sales: Some products may be on sale during legal periods. The sale price of the product will appear in the product sheet below the original price crossed out.
Promotions: Some products may be on promotion over a given period. The promotional price will then be indicated in the product sheet below the old crossed out price. The promotion period is indicated below the price.

ARTICLE 5 – Terms of Payment and Security

Several payment methods are available to allow you to finalize your order with the payment method that suits you. All credit card payment methods are secure.

5.1 – Payment by Credit Card

Payment is made by credit card on the secure server of the Crédit Agricole bank. This implies that no banking information concerning you passes through the Site. The order will thus be registered and validated as soon as the payment is accepted by the bank.

5.2 – Payment by bank transfer:

Payment is made directly through a transfer initiated from your bank account.

Retention of title clause: The products remain the property of the Company until full payment of the amount of the order.

ARTICLE 6 – Click and Collect & Delivery

6.1 – Click and Collect

The Company provides the Customer with a schedule for selecting the days and times available to collect their order from the store. To withdraw his order, the Customer must bring his order number as well as an identity document.

6.2 – Delivery:

The Company delivers its products to all the countries listed on the Site.

Delivery is made to the address specified by the Customer when placing his order.

In the event that the delivery address indicated is not correct or incomplete, the Company will be entitled to claim payment of new delivery costs.

6.3 – Order tracking:

You will receive an e-mail indicating the departure of your package from our Site. Some carriers can also send you an email indicating the delivery tracking number and possibly an estimated delivery date.

WARNING: due to the anti-spam policy of certain internet service providers, these e-mails may arrive in your “junk mail”.

You can check the progress of the delivery at any time from your customer area.

6.3 – Shipping costs:

The Company reserves the right to modify the shipping costs at any time according to the price changes of its carriers but undertakes to apply the current prices which will have been indicated to you at the time of your order.

The shipping costs of the product consulted are available in the sheet of the said product and presented by carrier. An overall estimate of the shipping costs in the event of the purchase of several products is available in the basket, before registration on the Site.

Shipping costs can be estimated before any creation of a customer account by adding the products to the basket.

6.4 – Reservations of use related to transport (only for individuals):

The Customer is advised to check the contents of the package and, if he finds any anomalies (defective or open packaging, missing product, damaged product, etc.), to issue reservations, detailing as much as possible the anomalies observed, on the delivery note before it is signed.

He can then refuse the package against delivery of a “statement of anomaly or spoliation” by the carrier. The Customer informs the Company of any incident (reservations, refusal of parcels) by telephone or in writing as soon as possible. This procedure is independent of that relating to the legal guarantee of conformity mentioned in articles L217-3 to L217-14 of the Consumer Code and that of defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the Code. civil.

6.4b – Reservations of use related to transport (only for professionals):

The Customer must check the contents of the package and, if he finds any anomalies (defective or open packaging, missing product, damaged product, etc.), issue reservations, detailing as much as possible the anomalies observed, and refuse the package.

The Customer informs the Company of any incident (reservations, refusal of parcels) by telephone or in writing as soon as possible. This procedure is independent of that relating to the legal guarantee of conformity mentioned in articles L217-3 to L217-14 of the Consumer Code and that of defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the Code. civil.

ARTICLE 7 – Delivery times

The delivery times of the consulted product are indicated in the latter’s sheet and take into account the preparation time of your order.

When choosing the carrier, we remind you of the delivery times for your items for each carrier.

Note: once the order has been validated, a delivery date specifying the day of delivery will be available on your online Customer account as well as in the order confirmation email.

ARTICLE 8 – Invoicing

An invoice, taking into account the legal information, will be available in your Customer area.

ARTICLE 9 – Right of withdrawal

In accordance with Article L121-21 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal, which begins upon receipt of his order. Once this period has expired, he no longer has this right of withdrawal.

However, the right of withdrawal does not apply to the following purchases:

Goods or services whose price depends on fluctuations in financial market rates, likely to occur during the withdrawal period (example: purchase of gold)
Goods made to your request or clearly personalized whose manufacture requires special adaptations to meet very specific technical and aesthetic requirements (for example, furniture or clothing made to measure). The choice of options (color, finish, etc.) in the ranges of standard elements offered by the professional does not sufficiently modify the nature or destination of the goods to make them clearly personal.
Goods that deteriorate or perish quickly, except food products with a minimum durability date (DDM)
Goods that you have opened and cannot be returned for reasons of hygiene or health protection (for example, sealed cosmetics, underwear sold in sealed sachets)
Goods inseparable from other items (for example, remote control for a television)
Digital content provided on an immaterial medium and subscription contract for these services, the performance of which began with your agreement and for which you have waived your right of withdrawal (for example, a downloaded film)
Services fully executed before the end of the withdrawal period and whose execution began with your agreement or your express request. A service can be considered performed if you have made a reservation (for example, parking space), but you have not taken advantage of the service and this, without cancellation. For example, if you have reserved a parking space for September 20 but have not used it, you will not be able to use your right of withdrawal on September 21
Supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose value depends on financial market rates (for example, grand crus reserved before harvest)
CDs, DVDs or computer software that you have opened
Supply of newspapers, periodicals or magazines, except in the case of a subscription contract
Urgent maintenance or repair work carried out at your home and at your request, within the limit of the spare parts and work necessary for the strict repair. Thus, the replacement or installation of equipment that is unrelated to the breakdown or that goes beyond repair is subject to the exercise of the right of withdrawal. For example, you install an armored door on the occasion of an intervention request for a door opening
Concluded at a public auction. In the absence of auction, brokerage transactions by electronic means (intervention of a third party in the description of the property and the conclusion of the sale) are subject to the right of withdrawal.
Accommodation service (hotel, campsite, etc.), transport (people, goods, moving), car rental, catering or leisure activities provided on a date or according to a determined frequency (show ticket, etc.). The sale of vouchers or gift certificates for well-being services with a validity period of 1 year does not fall within the exception to the right of withdrawal.

Exercising the right of withdrawal terminates the obligation of the parties to perform the contract.

In order to simplify your right of withdrawal, we have put in place various means allowing you to exercise it:

A downloadable PDF form that you can complete, save and return to us by email or post (click here to download);
If you do not have Adobe Reader, you can download it for free by clicking here
A web form directly available in your “customer area” with the main fields pre-filled;
The PDF withdrawal form included in the order confirmation email.

If, however, you have difficulty completing these documents, the consumer can contact our customer service by telephone or e-mail.

The consumer can also notify us of your right of withdrawal on plain paper, or any other computer document that can be consulted free of charge, using the fields of one of the 3 forms above.

We remind you that the burden of proof for exercising the right of withdrawal rests with the consumer. He therefore has an interest in providing proof of dispatch, by sending us a registered letter with request for acknowledgment of receipt, for example.

In accordance with article L121-21-3 and following of the consumer code, the consumer must return the product(s) to us at his own expense within 14 days of his notification of withdrawal.

You can return the products to us by any means at your convenience to: EARL DISCHLER, 23 LE CANAL 67120 WOLXHEIM.

It is imperative to return the complete product(s), with all documentation and accessories, in perfect working order.

The refund of the returned product(s), with all documentation and accessories, perfectly functional, is made within 14 days of your notification of withdrawal. This reimbursement includes the shipping costs paid for the delivery of the product(s) on the basis of the least expensive standard mode of transport.

However, reimbursement may be deferred until recovery of the goods or proof of shipment of the latter.

The refund will be made by the same means of payment as the one used when ordering.

Please note that these provisions only apply to professionals who meet the following conditions:

The contract must be concluded off-premises.
The subject of the contract must not fall within the scope of the main activity of the professional.
The number of employees/employees by the professional must be less than or equal to five.

ARTICLE 10 – Warranties

To be able to benefit from the product warranty, it is essential to keep the product purchase invoice (you can find it in your online Customer area) or to keep the order confirmation e-mail or, if you have not more of these elements, to contact us by giving us your full contact details.

The guarantees are applicable subject to compliance with the conditions of use indicated in the manual or the technical data sheet of the product.

10.1 – The guarantee of conformity:

In accordance with articles L217-3 to L217-14 of the Consumer Code, the consumer benefits from the legal guarantee against defects of conformity of products purchased on the Site for 2 years from the date of delivery.

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. (Article L.217-4 of the Consumer Code).

According to article L.217-5 of the same code, “The property complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. “.

The consumer is entitled to demand that the goods conform to the contract. However, he cannot challenge the conformity by invoking a defect which he knew or could not ignore when he acquired the product.

Conformity defects that appear within 2 years are presumed to exist at the time of delivery, unless proven otherwise.

In the event of a lack of conformity, the consumer chooses between the repair and the replacement of the good. However, the Company may not proceed according to the customer’s choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. The company proceeds, unless it is impossible, according to the method not chosen by the consumer.

If repair and replacement are impossible, the consumer can return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same option is open to him:

– If the requested, proposed or agreed solution (repair or replacement) cannot be implemented within one month of the consumer’s complaint.

– Or if this solution cannot be without major inconvenience for the consumer given the nature of the good and the use he is looking for.

However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

Article L.217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

Please remind us of the order number or your full contact details.

All costs related to non-conformity of the product are our responsibility.

10.2 – The manufacturer’s warranty:

Certain products are guaranteed by the manufacturer according to the conditions transmitted at the time of purchase, without prejudice however to the legal guarantee of conformity and the legal guarantee against hidden defects.

10.3 – Warranty against hidden defects

Pursuant to Articles 1641 to 1648 and 2232 of the Civil Code, the buyer also benefits from the legal guarantee against hidden defects.

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given only a lower price, if he had known them (article 1641 of the Civil Code).

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect (article 1648, 1st paragraph of the Civil Code).

In the event of hidden defects, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded.

ARTICLE 11 – Liability and litigation

11.1 – Prevention:

The Company is not responsible for the use made of the products and/or services ordered by the Customer. The Company cannot be held responsible for any accident occurring despite the use of its products and/or services.

11.2 – Materials:

The Customer having taken knowledge of the products and their characteristics marketed by the Site, has under his sole responsibility and according to his needs as he has previously determined them before any order, made his choice on the product(s) ) subject to his order.
We make available to the Customer to help him in his choice: a help service by e-mail and/or by telephone defined in article 12. It is up to the Customer, if he does not consider himself sufficiently competent to be assisted by an adviser.

The Customer is expressly informed that the Company is not the producer of the products presented within the framework of the Site, within the meaning of articles 1386-1 and following of the Civil Code relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer of the latter may be sought by the Customer, on the basis of the information appearing on the packaging and the instructions. of said product.

The transfer to the manufacturer and the return of the repaired product to the consumer will be borne by the Company within the framework of the guarantees presented in article 10.

11.3 – Applicable law and Disputes (only for individuals):

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. These general conditions are drawn up in French. In the event of translation into another language, only the French version shall prevail.

In case of difficulties related to the formation, interpretation, execution or termination of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help, of a consumer association, or a professional organization in the sector, or any other council of its choice. In addition, we invite you to approach our Company to find an amicable solution. In the absence of an out-of-court solution, the dispute will be brought before the competent courts under the conditions of common law.

11.3b – Applicable law and Disputes (only for professionals):

Any dispute between the parties regarding these general conditions of sale will be the sole jurisdiction of the Commercial Court of Metz, even in the event of a warranty claim or multiple defendants.

ARTICLE 12 – Our contact details

You can view our full contact details on this page.