Terms of service
Preamble
The website dekercoet.com is published by the company DE KERCOET, a Limited Liability Company (SARL) with a share capital of €199,970, registered with the Paris Trade and Companies Register under number 440 253 615, identified under the EU VAT number FR 30 440 253 615, with its registered office at 13 rue des Saints-Pères, 75006 Paris (hereinafter « DK »).
DE KERCOET can be contacted by email at bonjour@dekercoet.com or by telephone at +33 9 87 88 88 69.
These general terms and conditions of sale apply between DK and any person visiting or making a purchase via the website dekercoet.com, by telephone or by any other means.
Section 1 — Contractual Framework
The customer acknowledges having read these general terms and conditions of sale prior to confirming their order. The customer accepts them by clicking the order confirmation button on the website, or by confirming payment if the order is placed by telephone, or by any other means. The customer is informed that they may save or print these general terms and conditions of sale. Furthermore, these terms, dated the day of the order, are sent to the customer as an attachment with the order confirmation email.
DK may amend these general terms and conditions of sale at any time. In the event of a change, the terms applicable to each order shall be those in force on the date of the order. The date of the last update is indicated at the top of this document.
Section 2 — Formation of the Contract
The contract is formed, in accordance with the provisions of the French Civil Code, upon clicking the “Confirm and Pay” button, by which the customer confirms their shopping basket after having been able to review and amend it.
For orders placed by telephone or email, particularly for special orders and bespoke furniture, the contract is formed upon signature of the order form.
Customer orders are archived on dekercoet.com. To access archived contracts, the customer must submit a request to bonjour@dekercoet.com.
The language of the contract is French.
Section 3 — Bespoke Furniture
The customer may order bespoke furniture from DK for certain product references.
The customer provides the desired dimensions to DK, which will then send a manufacturing specification sheet, setting out all the dimensions of the piece, for the customer’s approval.
Taking measurements is the sole responsibility of the customer: DK shall under no circumstances be held liable if the dimensions approved by the customer prove to be inaccurate.
The same applies where the order requires the integration of external elements supplied by the customer, who must ensure that a precise description is provided, including the exact dimensions of the elements to be incorporated into the piece.
On-site measurement by DK may be ordered by the customer as an additional service, subject to a prior quotation.
Once placed, an order may not be amended, even in the case of a minor modification or adjustment request, during the manufacturing process. DK may, however, agree to make such changes, without obligation, subject to technical feasibility and depending on the stage of the manufacturing process.
Section 4 — Product Conformity
DK is legally bound by a guarantee of conformity.
However, it should be noted that products are presented visually by means of photographs and graphics, and DK cannot guarantee the exact rendering of tones and colours compared to the visuals displayed on the website, plans or creative materials. It is also noted that colour and material samples are available for purchase to guide the customer in their choice.
No returns shall be accepted in the event of a complaint based on a variation in shade.
Section 5 — Prices and Payment Terms
Prices are expressed in euros, inclusive of all taxes (including VAT applicable in mainland France).
DK, given its capacity to operate in international markets where currencies may fluctuate, reserves the right to modify its prices at any time. However, the price invoiced to the customer is the price displayed on the order summary at the time the customer confirms their order. This price is restated in the order confirmation.
The order will only be dispatched to the carrier upon effective receipt of payment by DK. DK will deliver to the address specified by the customer at the time of order.
A link to the invoice will be sent by email to the customer upon dispatch of the order; the customer may also access their invoice from their customer account. Billing information cannot be amended after dispatch of the order.
The accepted payment methods are as follows:
- Payment by bank card: the order will only be validated once payment has been confirmed by the payment service provider.
- Payment by cheque or bank transfer (on request): the order is reserved for the customer for 96 hours (business days). Beyond this period, without contact from the customer, it will be automatically cancelled. An additional 24 business hours after receipt of payment will be required to process the order.
DK reserves the right to refuse any order placed by a customer with whom it is or has been in dispute.
In order to optimise payment security and to comply with its due diligence obligations, DK may request additional supporting documents for strictly internal use. In the event of failure to respond, DK reserves the right to cancel the order. Additional documents may also be requested in order to meet DK’s statutory obligations.
Section 6 — Availability and Delivery
6.1 Timeframes and Terms
The customer is informed by DK of the availability of the product(s) and delivery timeframes when placing their order. For furniture deliveries, the customer may choose their delivery appointment once the piece has been made available to the carrier.
Any technical impediment to receiving the parcel(s) upon arrival of the carrier cannot give rise to a return or refund. It is the customer’s responsibility, prior to confirming their order, to verify their ability to receive the order at the specified address. No change of address may be made after dispatch of the order.
DK reserves the right to cancel any order that cannot be fulfilled due to economic or technical reasons affecting the manufacturing process. Cancellation obliges DK to refund in full all sums paid for the order, without the customer being able to claim additional compensation.
DK undertakes to dispatch the product ordered in the exact condition described during the sale and confirmed at the time of order, and to package it using the best possible packaging having regard to the size, weight and dimensions of the product.
The delivery method depends on the weight, geographical area, volume and value of the product:
- Home courier service: this service covers the dispatch of smaller items and certain furniture. Delivery is estimated at 7 days throughout mainland France from the date the parcel is handed to the courier.
- Carrier delivery: delivery is estimated at 15 business days throughout mainland France from the date the parcel is made available by DK.
6.2 Delivery Appointment
The customer is notified by email of the dispatch of the product ordered and the procedure for receiving their parcel. Several delivery dates and time slots are offered. The customer may track the progress of their delivery in real time on the day of delivery.
In the event of the customer’s absence during the selected time slot, the parcel will be returned to DK’s logistics platform. The second delivery attempt, scheduled on the same basis as the first, will be charged to the customer at the prevailing rates.
6.3 Specific Deliveries
For deliveries to the islands of mainland France (Corsica and coastal islands), customers are invited to contact DK’s customer service team to verify whether delivery is feasible with our carriers. If the service is available, additional charges may apply.
For international deliveries: once the goods have been made available to the carrier, an email is sent to the customer to arrange a delivery appointment. This appointment is essential so that DK’s teams can prepare the order. Please contact us for further information.
Section 7 — Receipt of Delivery
Any piece weighing more than 20 kg net is delivered, preferably under protective blankets in keeping with a zero-packaging commitment, or in cardboard if necessary, up to the third floor without a lift. For any delivery to a higher floor, a surcharge will be indicated at the time of order confirmation.
It is the customer’s responsibility to verify that the lift is suitable for the delivery, in terms of its size, the weight of the order, and any restrictions imposed by the building’s co-ownership rules.
Any surcharge in transport or delivery arising from the configuration of the premises will be recharged to the customer. The customer must, where applicable, provide DK at the order confirmation stage with all information enabling any delivery difficulty or special requirement to be anticipated.
The customer must inspect the piece in the presence of the carrier. Inspection is deemed to have taken place once the customer, or a person authorised by them, has signed the delivery note.
If the piece has been damaged, the customer must refuse it and note explicit reservations on the delivery slip. The customer must also report any anomalies to DK and confirm their reservations by email to bonjour@dekercoet.com within three (3) days of delivery, in accordance with Article L.133-3 of the French Commercial Code.
Upon receipt of the returned parcel at its logistics platform and following confirmation of the damage, DK will offer either an exchange, a store credit, or a full refund of the damaged product.
Section 8 — Retention of Title
In accordance with Article 2367 of the French Civil Code, DK retains full ownership of the products sold until full and effective payment of the entire price, including principal and ancillary costs. This clause applies regardless of whether the customer is a consumer or a business customer. In the event of staggered or deferred payment granted to a business customer, the products delivered remain the exclusive property of DK until the full balance has been settled.
The transfer of risk to the consumer customer takes place at the time of physical possession of the goods by the customer or a third party designated by them, in accordance with Article L.216-4 of the French Consumer Code. For business customers, the transfer of risk takes place upon handover of the goods to the first carrier.
Section 9 — Right of Withdrawal
9.1 Withdrawal Period
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer customer has a period of fourteen (14) days to exercise their right of withdrawal, without having to give any reason or pay any penalty.
The withdrawal period expires fourteen days after the day on which the customer, or a third party other than the carrier designated by the customer, takes physical possession of the goods.
9.2 Exercising the Right of Withdrawal
To exercise their right of withdrawal, the customer must notify DK of their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post or an email), addressed to:
DE KERCOET — 13 rue des Saints-Pères, 75006 Paris — bonjour@dekercoet.com — +33 9 87 88 88 69
The customer may use the model withdrawal form set out below, although this is not mandatory. The customer may also submit any other unambiguous statement via the website dekercoet.com. If the customer uses this option, DK will promptly send an acknowledgement of receipt of the withdrawal on a durable medium.
For the withdrawal period to be met, it is sufficient for the customer to send their communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.3 Effects of Withdrawal
In the event of withdrawal, DK will reimburse the customer for all payments received, including standard delivery charges (excluding any additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery offered by DK), without undue delay and in any event no later than fourteen (14) days from the date on which DK is informed of the decision to withdraw.
DK will process the refund using the same means of payment as that used for the initial transaction, unless the customer expressly agrees to a different method. This refund will not incur any charges for the customer. DK may defer the refund until receipt of the goods at its warehouses.
The customer must return the goods to the nearest DK logistics platform to their place of residence, without undue delay and in any event no later than fourteen (14) days after communicating their decision to withdraw.
The direct costs of returning the goods are borne by the customer. These costs vary depending on the nature, weight and dimensions of the piece concerned. The estimated amount of return costs will be communicated to the customer upon request from the customer service team, prior to the exercise of their right of withdrawal.
The customer’s liability is limited to any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
It is specified that if the customer has oiled the goods, their liability will be systematically engaged, as this constitutes handling that is not necessary to establish the nature, characteristics and proper functioning of the goods.
9.4 Exclusions from the Right of Withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised. This includes, in particular, bespoke furniture and furniture customisations.
It is also noted that DK offers its customers samples of its colours and finishes.
WARNING: the right of withdrawal does not apply to deliveries in Switzerland. Swiss law does not provide for any withdrawal period or other right of return once the order has been placed.
9.5 Model Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To: SARL DE KERCOET, 13 rue des Saints-Pères, 75006 Paris — bonjour@dekercoet.com
I/We (*) hereby notify/notifies (*) you of my/our (*) withdrawal from the contract for the sale of the following goods (*) / for the provision of the following service (*):
Ordered on (*) / received on (*):
Order number:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only where this form is notified on paper):
Date:
(*) Delete as appropriate.
The customer must return the product to DK in perfect condition, in its original intact packaging, together with all accessories, instructions and documentation.
To ensure parcel tracking, the customer is requested to make the return using the same service providers as those used by DK for the original dispatch.
Section 10 — Cancellation of Order After Dispatch
The customer may not request the cancellation of their order if the goods have been handed over to the carrier. The customer must instead exercise their right of withdrawal in accordance with the conditions set out in Section 9 hereof.
Section 11 — Statutory Guarantees
11.1 Statutory Guarantee of Conformity
In accordance with Articles L.217-1 to L.217-32 of the French Consumer Code (as amended by Ordinance No. 2021-1247 of 29 September 2021, applicable from 1 January 2022), DK is obliged to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery.
Where the customer acts under the statutory guarantee of conformity:
- They have a period of two (2) years from delivery of the goods to bring an action.
- They are exempt from proving the existence of the defect in conformity for a period of twenty-four (24) months following delivery of the goods.
- They may choose between repair and replacement of the goods, subject to the cost conditions provided for by law. DK may decline to proceed according to the customer’s choice if such choice would entail a manifestly disproportionate cost compared to the alternative remedy.
- In the event of a defect in conformity, the customer may also request a price reduction or termination of the contract under the conditions set out in Articles L.217-14 et seq. of the French Consumer Code.
11.2 Statutory Guarantee Against Hidden Defects
The customer may also elect to invoke the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. The action arising from latent defects must be brought within two (2) years of discovery of the defect (Article 1648, paragraph 1, of the French Civil Code).
11.3 Applicable Statutory Provisions
Article L.217-1 of the French Consumer Code: 'The seller shall deliver goods that are in conformity with the contract. Goods are presumed to be in conformity with the contract: (1) if they are of the type described by the seller and possess the qualities that the seller has publicly announced on that good or on its packaging, on publicity or advertising labels attached to it, or in any other relevant communication, including distance communication; (2) if they are suitable for any particular purpose for which the consumer requires them and which they have made known to the seller, and which the seller has accepted; (3) if they are of the standard quality of goods of the same type and that the consumer may reasonably expect, taking into account the nature of the goods, any statements made about them, the price charged and, for used goods, their previous condition.'
Article 1641 of the French Civil Code (Hidden defects): 'The seller is bound by a warranty against latent defects of the thing sold, whether or not the seller knew of these defects. This warranty does not apply where the buyer declared that he had bought at his own risk with respect to patent defects.'
Section 12 — Limitation of Liability
DK uses its best endeavours to ensure the quality and conformity of the furniture produced and offered for sale. However, DK’s liability is governed by the following provisions.
With respect to business customers, DK’s liability is limited to the amount paid by the customer for the products in question, and solely for direct losses. Under no circumstances shall DK be held liable to business customers for indirect losses such as loss of profit, revenue or contracts.
With respect to consumer customers, these provisions shall not have the effect of limiting or excluding DK’s liability under the statutory guarantees of conformity and hidden defects, nor of depriving the consumer of their mandatory rights under the French Consumer Code.
Section 13 — After-Sales Service
The customer may contact DK for care instructions regarding the goods ordered.
DK does not carry out any repairs outside the scope of statutory guarantees on delivered goods.
Similarly, and in particular for bespoke goods, no alterations may be made to the piece once delivered, except in the specific case of enforcement of a statutory guarantee.
DK offers certain spare parts for its furniture for sale on its website. For other parts, the customer is invited to contact DK.
Section 14 — Intellectual Property
The presentation and content of the website dekercoet.com constitute, taken together, a work protected by applicable intellectual property laws, of which DK is the owner.
The texts, images, drawings, layout and graphic design of the website are protected by intellectual property law. It is prohibited to copy, extract, distribute or modify the content of the website for commercial purposes. Downloading and printing of texts, images and graphic elements are authorised for private, non-commercial use only. Reproduction in other electronic or printed publications requires the prior written consent of DK.
Failure to obtain authorisation constitutes the offence of counterfeiting. Any reproduction, in whole or in part, is subject to DK’s authorisation.
The databases established by DK are protected by copyright and by the provisions of the French Intellectual Property Code relating to the legal protection of databases (Articles L.341-1 et seq.). Any substantial extraction or re-utilisation, whether qualitative or quantitative, is prohibited and sanctioned by Articles L.343-4 et seq. of the French Intellectual Property Code.
Section 15 — Disputes and Settlement of Differences
This contract is governed by French law.
In the event of difficulty in the application of these general terms and conditions of sale, the customer shall submit their written complaint to DK, preferably by email to bonjour@dekercoet.com, in order to maintain a record of exchanges.
If the solution proposed by DK within fifteen (15) days of receipt of the complaint is not satisfactory to the consumer customer, they are invited to refer the matter to the consumer mediator before taking any court action (see Section 16 below).
It is noted that, as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract requires the buyer to honour their financial commitments to the seller.
Complaints and objections will always be received with goodwill, good faith always being presumed on the part of anyone who takes the trouble to set out their situation.
In the event of a dispute with a business customer, the competent courts of Paris shall have sole jurisdiction.
Section 16 — Consumer Mediator
In accordance with Articles L.611-1 to L.616-3 of the French Consumer Code, following an attempt at amicable resolution directly with DK’s customer service team, the consumer customer may use a consumer mediator free of charge. The mediator’s role is to attempt, in full independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
To refer a matter to the mediator, the consumer must demonstrate that they have previously attempted to resolve their dispute directly with DK by means of a written complaint.
[NAME OF MEDIATOR AND CONTACT DETAILS TO BE COMPLETED]
Important: in accordance with Article L.616-1 of the French Consumer Code, the professional is required to indicate the name and contact details of the competent mediator. Failure to include this information is subject to an administrative fine.
The list of consumer mediators is also available on the website of the Commission for the Evaluation and Supervision of Consumer Mediation (CECMC).
Section 17 — Personal Data
In connection with the performance of orders, DK collects and processes the customer’s personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978, as amended (Data Protection Act).
The data collected (surname, first name, address, email, telephone, payment data) is necessary for order management, delivery, invoicing and, where applicable, customer relationship management. The processing is based on the performance of the contract (Article 6(1)(b) GDPR) and, for commercial communications, on the customer’s consent (Article 6(1)(a) GDPR).
Data is retained for the duration of the contractual relationship, and thereafter for the applicable statutory limitation periods (five years for contractual obligations).
In accordance with Articles 15 to 22 of the GDPR, the customer has the following rights over their personal data:
- Right of access, rectification and erasure.
- Right to restriction of processing and right to data portability.
- Right to object to processing.
- Right to define directives regarding the fate of their data after their death.
To exercise these rights, the customer may send a request by email to bonjour@dekercoet.com or by post to: DE KERCOET, 13 rue des Saints-Pères, 75006 Paris.
In the event of a complaint, the customer may lodge a claim with the French Data Protection Authority (CNIL): www.cnil.fr.
For further information, the customer is invited to consult the privacy policy and cookie policy available on the website dekercoet.com.