Our terms of sale

 

1. PREAMBLE

The company TERRE D’ISLANDE under the trade name LA MAISON DU CABAN is registered in: RCS Saint-Brieuc.

Siret: 379 767 874 and the headquarter is located in: QUAI ARMAND DAYOT - BP 5 - 22501 PAIMPOL CEDEX - France.

TERRE D'ISLANDE is distributor of the DALMARD MARINE brand.

The present conditions are concluded between the company TERRE D’ISLANDE and the persons wishing to make a purchase via the website www.lamaisonducaban.com, property of the company TERRE D’ISLANDE.

The parties agree that their relations will be governed exclusively by this contract, with the exclusion of any condition previously available on the website.

TERRE D’ISLANDE acts in best manner to comply with the Consumer Code relating to distance selling in France.

 

2 - OBJECT

The present conditions are intended to define the terms and conditions of sale between TERRE D’ISLANDE and the user, from ordering products from payment and delivery.

They regulate all the steps required for placing the order and ensure the follow-up of this order between the contracting parties.

 

3 - ORDER

The user can place his order online from the online catalogue, presenting all available products.

The order can only be placed on the website either with a guest account or by creating a specific account with a strictly personal password.

Any order implies acceptance of prices and description of products available for sale.

TERRE D’ISLANDE undertakes to honour the orders received on the website only within the limits of the available stocks of the products. In the absence of availability of the product, TERRE D’ISLANDE undertakes to inform the user, offer a replacement or if not available reimburse the full amount.

 

4 - SITE USE

We remind you that the website www.lamaisonducaban.com is exclusively intended for consumers. Purchases made from the website are for your personal use, including personal gifts, and must not be resold, used in a commercial context or used for commercial profit. Any order implies acceptance of this clause, and TERRE D’ISLANDE cannot be held liable in the event of non-compliance with this clause.

 

5 - PROMOTIONS, CREDIT NOTE, REDUCTION CODES AND COMMERCIAL OFFERS

The promotions, discount codes, or any other commercial offer, offered by the company TERRE D’ISLANDE to its customers via its website www.lamaisonducaban.com, are valid ONLY and EXCLUSIVELY on the website www lamaisonducaban.com. Reduction codes must be used during the ordering process ("order summary" step). They cannot be deducted from an order once it has been finalized.

Credit notes have a validity of 30 days.

 

6 - DELIVERY

- Delivery in France Metropole, Monaco, European Union, Switzerland and Norway

Shipping costs are free of charge; delivery will be made on DAP Incoterm

In case of import duties and taxes, these need to be paid by the customer. For detailed information and cost estimation, please contact your local customs office.

The delivery is carried out by La Poste (Colissimo) within 2 to 3 working days from the confirmation of the order.

 

- Delivery to other countries (outside countries named before)

Please contact us for more information about the delivery costs to be able to give you the best rate possible.

We will confirm the delay at the same moment- in average it will be around 5 working days.

Delivery will be made on DAP Incoterm. In case of import duties and taxes, these need to be paid by the customer. For detailed information and cost estimation, please contact your local customs office.

 

Order tracking is available for orders placed through the website under 2 conditions:

* the client created a customer account

* the order has been placed for available items which can ship immediately

The parcel tracking is transmitted by email the moment the shipment leaves our warehouse- later on it can be accessed through the client account. 

The delivery times indicated above are not guaranteed and given as estimations only.

 

7- TERMS OF PAYMENT

Online payment by credit card:

Maestro, Mastercard, Visa, Visa Electron, MasterCard and VISA are accepted as methods of payment.

We do not keep credit card data from our customers as a result of the payment. For more details of the way we treat your personal data, please read our privacy policy.

 

8 - PRICES

Prices are quoted in euros including all French taxes.

They take into account the VAT applicable on the day of the order. These prices exclude participation of the order processing if applicable (port, packing and making of the parcel according to the amounts in force).

Any change in the applicable rate may be passed on to the prices of the products. After this date, they are subject to change at any time. However, prices cannot be changed once the customer's order has been placed.

Similarly, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either up or down, this change could be passed on to the sale price of the articles present on the website of the company TERRE D’ISLANDE.

The prices of each article is shown online in the catalogue of products.

 

The prices indicated on the website are guaranteed for the duration of on-line and within the limit of the available stocks.

 

9 - RIGHT OF WITHDRAWAL / RETURN / EXCHANGE

All items can be subject to an exchange or a credit note. The return must take place within 14 days (withdrawal period) from the date of receipt of the parcel. If any item is going to be returned the customer pays the cost of return.

The return must be made to the address: LA MAISON DU CABAN, QUAI ARMAND DAYOT, BP5 22501 PAIMPOL CEDEX.  

If the customer wishes to exchange against another product for which the cost is higher, the client carries this price difference before sending out a new product.  

Conversely, if the amount of the exchange is less than the initial amount, the user will receive upon receipt of the request a credit in the form of a code (usable on the website) to refund of the difference.

The right to return products shall be deemed correctly exercised once the following conditions have been fully met:

  •        the products have not been used, worn, washed or modified;
  •        the products are returned in their original packaging with hangtags and labels;
  •        the returned items must be shipped back to the Vendor within fourteen (14) calendar days from the date on which you received the order;
  •        the products should not be damaged.

If you have fulfilled all requirements set forth above, the Vendor shall refund the entire price for the purchased products. You will have to pay for the return shipping cost upfront and at your own expense in accordance with our returns instructions. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.

You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you at no expense to the Vendor. If you refuse the above delivery, the Vendor reserves the right to retain the products and the amount paid for your purchase of the products.

Without limiting the paragraph above, the cancellation right set out above does not apply to:

(a) sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons;

(b) products comprising sealed audio or video recordings or computer software, if the product becomes unsealed after delivery;

(c) products which are made to your specifications or clearly personalised; or

(d) products which have become inseparably mixed with other items after delivery.

Refund Times and Procedures


After the Vendor has received the returned products and checked that the products meet all requirements, you will receive an e-mail that the returned products have been accepted. Whatever the form of payment you used (Credit/Debit Card), the Vendor will refund you all payments received from you for such cancelled purchase, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses as customs or taxes) within fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time.

You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Without prejudice to the above, and once the Vendor has checked that the return was carried out in compliance with the above conditions, the time period for refunding the amount you paid for purchasing the returned products depends on the payment type used:

• Purchase by Credit/Debit Card: refund time will depend on the Credit Card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;

 

10 - WARRANTIES

All articles are subject to a contractual guarantee, which does not preclude the legal guarantee provided for in articles 1641 and following of the Civil Code. The user benefits for the articles of a guarantee enabling him to return the delivered articles defective in accordance with the articles L 211-4 and following of the Code of the consumption

Any warranty will only apply if the clothes have been handled in best manner, following our maintenance tips.

Warranty cannot apply if the clothes have been used, washed or treated different than explained or indicated on the washing labels. For example clothes which have been washed if they should not or washed too hot are not under warranty. Wear and tear is neither a reason for warranty.

* Article L211-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of issue. 

* Article L211-5 of the Consumer Code

To comply with the contract, the property must:

(1) Fit for the customary use of a similar good and, where applicable:

* - correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;

- present the qualities which a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

(2) Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

* Article 1641 of the Civil Code

The seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish such use that the purchaser has not acquired it, Would have given a lesser price if he had known them.

 

11 - SIGNATURE AND PROOF

If the client wishes he can create a client account for which he will create a personal password and receive a customer account number. This number is personal. Any loss or forgetfulness must be denounced to the services of the company TERRE D’ISLANDE as soon as possible by contacting the customer service of the company TERRE D’ISLANDE.

In all cases the online supply of the bank card number and the final validation of the order will be proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will owe the sums committed by the seizure of the items on the purchase order.

This validation is a signature and express acceptance of all operations performed on the site. However, in case of fraudulent use of his / her credit card, the customer is invited, upon discovering this use, to contact the customer service of the company TERRE D’ISLANDE.

 

12 - RESPONSIBILITY

The company TERRE D’ISLANDE has an obligation of result for all stages of order taking as well as for the stages after the conclusion of the contract.

Thus TERRE D’ISLANDE undertakes to describe with the greatest accuracy the products sold on the website of the company TERRE D’ISLANDE. TERRE D’ISLANDE cannot be held liable in the event that the non-fulfilment of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French jurisprudence. Similarly, TERRE D’ISLANDE cannot be held liable for any inconvenience or damage inherent in the use of the internet, such as a breach of service, external intrusion or the presence of computer viruses.

 

13 - INTELLECTUAL PROPERTY

All elements of the TERRE D'ISLANDE website, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. 

They are the exclusive property of the company TERRE D’ISLANDE. A user who has a personal website and who wishes to place a simple link to his homepage on the site of the TERRE D’ISLANDE company site for personal use needs an authorization from the company. Please contact us before.

This will not be an implicit affiliation agreement.

On the other hand, any hypertext link referring to the site of the company TERRE D’ISLANDE and using the technique of framing or in-line linking is formally prohibited.

In all cases, any link, even tacitly authorized, must be withdrawn upon request of the company TERRE D’ISLANDE.

 

14 - INTEGRALITY

Should one of the clauses of this contract be null and void by a change of laws or regulations or by a court decision, this can in no way affect the validity and compliance with these general terms and conditions of sale.

 

15 - DURATION

These conditions apply for the duration of the on-line services offered by the company TERRE D’ISLANDE.

 

16 - SECURITY

The computerized registers stored in the computer systems of TERRE D’ISLANDE and its partners under reasonable conditions of security shall be considered as evidence of communications, orders and payments made between the parties.

For more information please read our privacy policy.

 

17 - APPLICABLE LAW AND JURISDICTION

These conditions are subject to French law. The court of jurisdiction in case of dispute will be that of Saint-Brieuc.

 

18 - CUSTOMER SERVICE

For any information or question, our customer service is at your disposal:

Address: SARL TERRE D'ISLANDE - QUAI ARMAND DAYOT - BP 5 -22501 PAIMPOL CEDEX - FRANCE

Tel: +33 (0) 2 96 55 12 38 / Fax: +33 (0) 2 96 22 08 83

Monday to Friday from 09:45 to 12:30 French time.

Customer service cannot be guaranteed on public holidays.

You can as well contact us in written form here.