Dampere EURL
Share capital: €20,000 – Registered office: 6 RUE DE LA MARE BLANCHE, 77186 NOISIEL
R.C.S. Meaux: 791 306 335 – Intra-Community VAT Number: FR90791306335
SIRET: 79130633500013

1- Scope of Application

These Online General Terms and Conditions of Sale (Online GTC) form the exclusive basis of the commercial relationship between Dampere (hereinafter referred to as “Dampere”) and its customers (hereinafter referred to as “The Customer”) for all orders placed on Dampere’s website, in accordance with Articles L221-1 and subsequent of the French Consumer Code related to online sales.
These Online GTC apply to commercial relationships with non-professional consumers (BtoC) and professionals (BtoB), in accordance with the provisions of the French Commercial Code for professionals and the French Consumer Code for individuals.
These GTC exclude specific conditions that may apply to custom products and BtoB sales. By validating an online order, the Customer unreservedly accepts these GTC, including the delivery and payment terms, which prevail over any other document or purchasing condition of the Customer.

2- Order Process

a. Ordering Standard Products (Non-Customizable)

For non-customizable items sold by Dampere via its online store, the ordering process follows the general rules of online sales, in accordance with Articles L221-1 and subsequent of the French Consumer Code. The Customer selects products in the online store, adds them to the cart, and then validates the order online.
After validation, a confirmation email summarizing the order is sent to the Customer, marking the conclusion of the sales contract.
For standard products, the individual Customer (BtoC) has a 14-calendar-day withdrawal period starting from the date of receipt to exercise their right of withdrawal, in accordance with Articles L221-18 and subsequent of the French Consumer Code. Products must be returned in perfect condition, in their original packaging, and return shipping costs are borne by the Customer unless the product is defective or non-compliant.
The right of withdrawal does not apply to professional customers (BtoB).

b. Ordering Custom Products

Dampere’s custom products, configurable online via a configurator, are manufactured according to the Customer’s specific requirements: choice of material, dimensions, thickness, format, and design. In accordance with Article L221-28 of the French Consumer Code, custom items are not eligible for the right of withdrawal, as they are personalized and tailored to the Customer’s specific requests.
Before production begins, Dampere conducts a verification call with the Customer to confirm order details and ensure they meet the Customer’s expectations. This call is essential to avoid non-compliance issues. If the Customer refuses this call or cannot be reached, they expressly waive any subsequent claims for non-compliance of delivered products. Delivery times begin only after the signed plans are received from the Customer, thus validating the specific order details.

c. Modifications and Impact on Delivery Times

For standard products, any modification or cancellation must be made before the order is shipped. Once the item is shipped, it can no longer be modified, and the Customer must follow the return procedure under their right of withdrawal.
For custom products, any modification after confirmation resets the production and delivery timelines and incurs additional fees. A new Order Acknowledgment Receipt (ARC) is then issued, with recalculated delivery times starting from the date the modifications are validated. The Customer acknowledges that these adjustments may extend delivery times without the possibility of claims concerning the initial deadlines.

d. Final Nature and No Right of Withdrawal for Custom Products

Custom product orders are firm and final. By confirming the order, the Customer agrees to waive their right of withdrawal, in accordance with Article L221-28 of the French Consumer Code. Dampere reserves the right to charge any preparation or production costs already incurred in the event of a cancellation request. These terms are accepted by the Customer when validating the order for any customized product.

3- Delivery and Deadlines

a. Delivery Deadlines for Standard Products (Non-Customizable)

For non-customizable products ordered through the online store, the estimated delivery times are communicated during the order process and are provided as an indication. In accordance with Article L216-1 of the French Consumer Code, if Dampere fails to meet the agreed delivery time for a standard product, the Customer may request cancellation of the sale if a new reasonable deadline is not met. However, Dampere cannot be held responsible for delays caused by unforeseen circumstances or force majeure (e.g., weather conditions, strikes, or other situations beyond its control).

b. Delivery Deadlines for Custom Products

Delivery times for custom products are indicated as an estimate during the order process, particularly in the Order Acknowledgment Receipt (ARC). These timelines depend on several factors, including the Customer’s responsiveness in providing necessary information, validating technical specifications, and responding to confirmation calls. Any modification request or delay in validations by the Customer will result in a complete reset of production and delivery timelines without the possibility of claims for previously communicated deadlines.

c. Non-Compressible Order Process and Timeline Updates

The production process for custom products includes several stages that cannot be compressed to ensure quality. In the event of an order modification request, production and delivery timelines will be reset, and a new ARC will be issued. Timelines may also evolve daily depending on Dampere’s production load. In case of Customer modification requests for custom products, Dampere reserves the right to defer delivery beyond the initial timelines. Any late validation of intermediate order steps or payment delays will also delay delivery without the possibility of claims by the Customer.

d. Limitation of Liability for Delivery Times

Dampere strives to meet the indicated deadlines but cannot be held responsible for exceeding delivery times, whether for standard or custom products. Such delays may result from technical contingencies, conditions beyond its control, or force majeure. In the event of force majeure, Dampere will inform the Customer as soon as possible, and contractual obligations will be suspended for the duration of the event without compensation to the Customer.

4- Product Prices, Destination, and Exports

a. Product Prices

The prices of products sold by Dampere through its online website are displayed in euros, excluding taxes (HT) and including all taxes (TTC), and are those in effect at the time the order is placed, as shown on Dampere’s website or in the Order Confirmation Receipt (ARC) for custom-made products. In accordance with Article L112-1 of the French Consumer Code, Dampere reserves the right to modify its prices at any time, but the prices applied to the Client will be those in effect at the time the order is confirmed.
For custom-made products, any modification request by the Client (quantity, dimensions, material, etc.) after order confirmation may result in a price adjustment to reflect the additional costs related to the changes. In such cases, a supplemental quote and a new ARC will be issued to confirm the updated prices and delivery times, recalculated accordingly.

b. Destination and Client Responsibility

The Client must provide an accurate delivery address so that shipping arrangements and tax and customs obligations are properly applied. For orders shipped outside mainland France, the Client is considered the official importer and must comply with the local regulations of the destination country, including tax and customs requirements.
All costs associated with importing to the destination country, including customs duties, import taxes, and other administrative fees, are exclusively borne by the Client. Dampere cannot be held liable for delays, unexpected costs, or issues related to customs clearance. If the Client wishes to modify the delivery address after order confirmation, this request must be submitted in writing to Dampere for approval. Any accepted changes may result in additional costs and extended delivery times, confirmed in writing.

c. Importation and Exportation

For products shipped outside France, the Client is responsible for verifying the import laws and regulations in effect in the destination country and for handling all necessary administrative, legal, and regulatory procedures, as well as paying customs duties, taxes, and import fees. Dampere declines all responsibility for import-related procedures outside mainland France.
The Client must also ensure that the importation does not violate local restrictions in the destination country. In the event of product seizure or blockage by customs authorities, Dampere cannot be held liable, and no refund or compensation will be granted to the Client. These conditions are accepted by the Client upon confirmation of their order, whether it concerns standard or custom-made products.

5- Payment Terms and Conditions

a. Payment Methods

The payment terms are specified on the website at the time of order placement or in the online quotation, depending on the type of product (standard or custom-made) and the Client’s status (B2B or B2C). Upon confirmation of the online order, the agreed payment terms apply, and Dampere reserves the right to adjust these terms based on the Client’s creditworthiness analysis.
Accepted payment methods for online purchases include credit cards, bank transfers, and any other payment options offered on the website at the time of purchase.

**Individual Clients (B2C)**
Payment is due in full at the time of order. No payment deferral is granted to consumers.

**Business Clients (B2B)**
• For standard products, payment is required in full at the time of order or upon delivery.
• For custom-made products, a deposit of 30% to 50% of the total amount is required at the time of order, with the balance to be paid before the products are shipped. B2B Clients may also opt for payment terms of 30 or 45 days after the invoice date, subject to Dampere’s approval and following a creditworthiness analysis. The necessary information for this analysis may be requested at any time.

b. Late Payment

In case of late payment, Dampere reserves the right to take the following measures:
• **Immediate payment of outstanding amounts**: In the event of delay, Dampere may demand immediate payment of all outstanding amounts, even without prior formal notice.
• **Late payment penalties**: Penalties will apply from the first day of delay at the current legal interest rate plus 10 points. These penalties will be calculated on the unpaid amount as of the due date until full payment is made.
• **Fixed recovery fee**: In accordance with Article L441-10 of the French Commercial Code, a fixed recovery fee of €40 is owed by the Client from the first day of delay to cover recovery costs, in addition to late payment penalties.
• **Order suspension or cancellation**: In case of late payment, Dampere reserves the right to suspend or cancel ongoing orders without notice if the delay impacts the Client’s creditworthiness or compromises the proper execution of the order. In such cases, advance payment or additional guarantees may be required before processing any new orders.

6- Liability and Retention of Title

a. Liability

The Client acknowledges that from the moment of delivery, they fully assume responsibility for the products. Although Dampere retains ownership of the products until full payment is received, the Client assumes all risks related to the products upon receipt (including, but not limited to, risks of loss, damage, or theft). The Client is therefore required to ensure the safekeeping, maintenance, and proper use of the products. Additionally, the Client is obligated to insure the products against any damage or risk they may be exposed to, especially in the case of delivery to an alternate or unsecured address.
In the event of insolvency proceedings affecting the Client’s financial stability (e.g., judicial liquidation, receivership, etc.), Dampere reserves the right to claim the return of delivered products, even if they have been used or transformed. The Client agrees to inform Dampere of any situation that could compromise their ability to meet payment obligations.

b. Retention of Title

Dampere retains full ownership of the delivered products until all amounts due are paid in full, in accordance with Article 2367 of the French Civil Code. This retention of title applies regardless of the type of payment (partial or full). As long as the price has not been paid in full, the Client cannot claim any ownership rights over the products.
This retention of title clause is specifically stipulated to protect Dampere’s interests in the event of non-payment and applies regardless of any other agreement or contractual clause. In the event of non-payment, Dampere may demand the return of the products at the Client’s expense, without prejudice to any other legal actions aimed at recovering the amounts owed.

7- Confidentiality and Limited Usage Rights

a. Intellectual Property and Usage Rights

All intellectual property rights related to the products, services, documents, know-how, plans, designs, models, patents, trademarks, software, processes, as well as any visual or photographic production, or any other elements, including Dampere’s creations (hereinafter referred to as “the Products and Documents”), remain the exclusive property of Dampere. These rights include, but are not limited to, copyright, patent rights, design and model rights, as well as trademark, logo, and photographic rights illustrating the products or services created by Dampere, whether registered or not.
No transfer of rights, license, or authorization for the use of the Products and Documents is granted to the Client, unless specifically stated in writing within the scope of the order. Any use, reproduction, distribution, publication, or exploitation of the Products and Documents, including photographs and visual content showcasing Dampere’s creations, outside the agreed framework and without prior written consent, is strictly prohibited.
The Client agrees not to reproduce, copy, disclose, distribute, transmit, or exploit in any way the Products and Documents provided by Dampere for commercial or non-commercial purposes without Dampere’s written authorization. In the event of a violation of this obligation, Dampere may take all necessary legal actions to protect its rights and seek compensation for the damage suffered.

b. Confidentiality

The Client undertakes to treat with the utmost confidentiality all information, data, documents, and elements related to Dampere’s activity to which they may have access in the context of the order’s execution, including any technical, commercial, financial information and any data or information designated as confidential. This confidentiality obligation also applies to any image, photograph, or visual production of Dampere’s products and creations, regardless of the circumstances of their availability.
This confidentiality obligation applies for the entire duration of the commercial relationship between the parties, as well as for a period of 10 years after the end of this relationship, regardless of the cause (termination, cancellation, or non-renewal of the order). The Client agrees to implement all necessary measures to protect the confidentiality of this information and to use it exclusively within the scope of the order concluded with Dampere.
The Client expressly undertakes not to disclose, publish, or make accessible any part of the confidential information to third parties without Dampere’s prior written consent or in the event of a legal obligation. In case of a breach of this confidentiality obligation, Dampere reserves the right to claim damages and take all necessary actions, including the immediate termination of the commercial relationship, without prejudice to any legal proceedings aimed at obtaining compensation for the damage suffered.

8- Complaints

a. Complaints Regarding Product Condition Upon Delivery

The Client must verify the condition of the products upon receipt. In case of apparent damages or visible non-conformity (damaged, missing products, or other anomalies), the Client must inform Dampere via email at [email protected] on the same day as the delivery. This notification must be accompanied by photographs of the products and their packaging, clearly showing the damages or defects. The complaint should also include the order number and Delivery Note (BL) number for prompt and efficient processing.
Complaints must be submitted within 24 hours of receiving the products.

b. Complaints Regarding Product Non-Conformity

If the products received do not match the order (incorrect quantities, wrong specifications, or manufacturing defects not related to transport), the Client must also inform Dampere via email at [email protected] within 24 hours of receiving the products. The Client must provide photographs of the concerned products, a detailed description of the non-conformity, as well as the order number and Delivery Note (BL) number to facilitate the processing of the complaint.
After this 24-hour period, the products will be deemed compliant with the order and accepted without reservation.
In the case of a return for non-conformity, Dampere will conduct a thorough inspection. If no defect is found, Dampere reserves the right to charge the Client for inspection and return fees. Any unauthorized or improper handling of the product after receipt will void the associated warranty. During the return process, the Client is responsible for ensuring the products remain in good condition until they are received by Dampere.

c. Investigation in Case of Late Complaints

If a complaint is submitted beyond the deadlines mentioned above (more than 24 hours after receiving the products), Dampere will carry out an investigation to determine the reasons for the reported damages or non-conformity. The investigation may include requesting additional information from the Client, such as storage, handling, or usage conditions of the products after their receipt. Based on the investigation results, Dampere reserves the right to refuse any compensation or replacement if the reception, storage, or handling conditions of the products are deemed non-compliant with the T&Cs.

d. Exclusion of Liability

No complaints will be accepted if the products have been used, modified, or transformed after delivery. Similarly, any complaint concerning damages resulting from improper handling of the products or non-compliance with the storage or usage conditions after delivery, as established in the T&Cs, will be excluded.

9- Liability and Legal Warranty

a. Limitation of Liability

Dampere’s liability, whether under the order or any other legal basis, is strictly limited to the obligations expressly stipulated in the order and its annexed documents (such as the Purchase Order). Dampere shall not, under any circumstances, be held liable for indirect, immaterial, or financial damages, such as loss of profit, business interruption, data loss, or any other harm suffered by the Client due to a failure or breach in the execution of the order.
Furthermore, Dampere’s liability is limited to the total amount paid by the Client for the products or services concerned by the complaint. Under no circumstances shall Dampere’s liability exceed this amount.
Dampere’s liability will be proportional to the severity of the breach and may be limited to the value of the products concerned. In the event of a breach of Dampere’s obligations, its liability can only be engaged if the Client proves that the defect is directly attributable to an act or negligence of Dampere. Dampere shall not be held liable in cases of force majeure, actions attributable to the Client, third parties, or any other circumstances beyond Dampere’s reasonable control. Furthermore, Dampere shall not be held liable if the installation method specified in the order (as indicated in the Purchase Order) is not followed.

b. Legal Warranty Against Hidden Defects

In accordance with Articles 1641 and 1648 of the French Civil Code, the products supplied by Dampere are covered by the legal warranty against hidden defects. This warranty allows the Client to request the repair or replacement of defective products affected by a hidden defect, i.e., a defect not apparent at the time of delivery that renders the product unfit for its intended use or significantly diminishes its usability.
The Client has two years from the discovery of the hidden defect to notify Dampere in writing, providing elements justifying the hidden nature of the defect. The notification must be made within a reasonable time after discovering the defect, failing which the claim will be time-barred.
In the event of a recognized hidden defect, Dampere will either replace or repair the product at its discretion. The costs of repair or replacement will be borne by Dampere, unless the product has been modified, misused, or not maintained under conditions compliant with Dampere’s instructions. Dampere shall not be held liable for indirect or incidental damages related to the defect, such as loss of profits or any other business interruption.

c. Warranty Exclusions

The legal warranty against hidden defects does not apply in the following cases:
• If the product has been modified, repaired, or handled in an unauthorized manner by Dampere.
• If the product has been improperly used or stored in non-compliant conditions as recommended by Dampere.
• If the product has defects resulting from normal wear and tear or improper maintenance by the Client.
Additionally, the warranty does not cover damages caused by accidents, negligence, or abnormal use of the product after delivery.

d. Liability for Non-Conforming Products

In accordance with Article L. 211-4 of the French Consumer Code, if the products received by the Client do not conform to the order (incorrect quantities, wrong specifications, or manufacturing defects not related to transport), the Client must notify Dampere via email at [email protected] within 24 hours of receiving the products. The complaint must be accompanied by clear and precise photographs of the concerned products, a detailed description of the non-conformities observed, and the references of the order and Delivery Note.
However, Dampere’s liability can only be engaged if the Client has provided complete information regarding the construction site and the specific use intended for each product. Dampere must have access to this information to properly assess the conformity of the products and their suitability for the intended use.
After the 24-hour period, and in accordance with Article L. 211-12 of the French Consumer Code, the products will be deemed conforming to the order, and the Client will no longer be able to file a complaint. In the absence of a complaint within this period, the products are considered accepted without reservation, and Dampere will not be liable for any defect or non-conformity subsequently reported.
If a complaint is submitted within the allotted time, Dampere will conduct an investigation to determine the reasons for the non-conformity. This investigation may include exchanges with the Client, examination of the documents and photos provided, and inspection of the products. However, in accordance with Article 1641 of the French Civil Code, any complaint filed after the 24-hour period will render it impossible to claim non-conformity of the products. The investigation will not result in any repair, replacement, or refund unless exceptional circumstances justify a delay in notifying the complaint.

10- Protection of Personal Data

Dampere respects the confidentiality and security of its Clients’ personal data in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016). As the data controller, Dampere commits to processing data lawfully, fairly, and transparently.

a. Collection and Use of Personal Data

The personal data collected by Dampere includes, but is not limited to, information such as name, address, phone number, email address, and financial information necessary for order processing. This data is collected directly during the online ordering process or through other interactions with the Client, such as inquiries or communications related to the business relationship.
This information is used exclusively for managing orders, fulfilling contracts, invoicing, delivering products, and managing the business relationship (including potential complaints and returns).

b. Legal Basis for Data Processing

The processing of personal data is based on the following legal grounds:
• Contract performance: Data is necessary for the performance of the contract concluded with the Client, for order management, product delivery, and invoicing.
• Legal obligation: Dampere may process certain data to comply with legal obligations, such as those related to invoicing or retention of information for tax purposes.
• Legitimate interest: Dampere may also process certain data for its legitimate interests, such as improving services or effectively managing the business relationship with the Client.

c. Data Retention Period

Personal data is retained for the duration necessary to manage the order and business relationship. Some data may be kept for up to 10 years, particularly data related to invoicing, in accordance with tax requirements.

d. Clients’ Rights

In accordance with the GDPR, the Client has the following rights regarding their personal data:
• Right of access: Request a copy of the personal data held by Dampere.
• Right to rectification: Correct any inaccurate or incomplete personal information.
• Right to erasure: Request the deletion of personal data when they are no longer necessary.
• Right to data portability: Request to receive their data in a structured, commonly used, and machine-readable format, to transfer it to another data controller.
• Right to restriction of processing: Limit processing in certain cases, such as when disputing the accuracy of the data.
• Right to object: Object to the processing of data for legitimate reasons, unless Dampere has overriding legitimate interests.
The Client can exercise these rights by sending a request to the email address [email protected] or by postal mail to Dampere’s registered address. Dampere commits to processing any request for modification, portability, or deletion of personal data within 30 working days. For any questions or follow-up, the Client can contact Dampere’s Data Protection Officer via the aforementioned email address.

e. Data Security

Dampere implements appropriate technical and organizational measures to ensure the security of the Client’s personal data, to prevent destruction, loss, alteration, or unauthorized disclosure. These measures include security systems, access controls, and adapted internal procedures.

f. Sharing of Data with Third Parties

Dampere only shares personal data with third parties when strictly necessary for the performance of the contract (such as with transporters, payment service providers, or tax authorities). Dampere ensures that these third parties comply with GDPR requirements regarding the protection of personal data.

11- Force Majeure

In accordance with Article 1218 of the French Civil Code, Dampere will not be held liable for delays, breaches, or non-performance of its contractual obligations when a force majeure event occurs. Force majeure is defined as any external, unforeseeable, and irresistible event that prevents Dampere from performing its contractual obligations under normal conditions.
Force majeure events include, but are not limited to, natural disasters (floods, earthquakes, fires), strikes, social conflicts, acts of terrorism, pandemics, wars, major transportation disruptions, interruptions in the supply of essential raw materials or components, acts by public authorities, administrative closures, or failures in computer or telecommunications systems beyond Dampere’s control.

a. Suspension of Contractual Obligations

In the event of force majeure, Dampere will have the right to temporarily suspend the performance of its contractual obligations. The suspension will take effect from the occurrence of the event and will last for the duration of the event. Dampere will inform the Client in writing (via email or postal mail) about the occurrence of the event and its impact on the performance of the contractual obligations.

b. Extension of Deadlines

Dampere may extend the deadlines for performing its services or delivering the products proportionally to the duration of the force majeure event. The Client will not be entitled to any indemnity or compensation for delays due to a force majeure event.

c. Obligation to Mitigate the Effects of Force Majeure

Dampere will take all reasonable measures to mitigate the effects of the force majeure event and resume the performance of its obligations as soon as the event has ended or normal conditions for performance are restored.

d. Termination of the Contract in Case of Extended Force Majeure

If the force majeure event lasts for more than 60 days, either party may terminate the contract without compensation by giving written notice to the other party. The termination will not affect the rights acquired up to the occurrence of the force majeure event.

12- Disputes

In the event of a dispute regarding the interpretation or performance of these General Terms and Conditions, the parties will seek to find an amicable solution. If no agreement is reached, the dispute will be submitted to the exclusive jurisdiction of the courts of Meaux.