Terms of sale

This English translation is provided for information only. Only the French version of these Terms and Conditions of Sale is legally binding.

PREAMBLE

These terms and conditions of sale (the "T&Cs") govern, without restriction or reservation, all sales concluded between:

DOGOU, trade name of Léonard Menut, Entrepreneur individuel (EI, French sole proprietorship), micro-entrepreneur registered with the Paris Trade and Companies Register (RCS) under number 804 584 183, located at 3rd floor, 141 Boulevard Brune, 75014 Paris, France, email: leonard@dogou.fr, VAT not applicable, article 293 B of the French General Tax Code (CGI),
(hereinafter "DOGOU" or the "SELLER"),

and

any natural person of legal age with full legal capacity, acting as a consumer within the meaning of the preliminary article of the French Consumer Code,
(hereinafter the "CUSTOMER"),

for any distance purchase, in particular through the website www.dogou.fr (hereinafter the "WEBSITE").

These T&Cs also apply to purchases made by professionals; provisions reserved for consumers do not apply to them, unless otherwise provided by law.

These T&Cs set out the rights and obligations of the Parties for the sale of products offered by DOGOU. They apply to the exclusion of any other terms.

The CUSTOMER acknowledges:

  • having received, before placing the order, in a clear and comprehensible manner, all the information provided for in articles L.111-1 to L.111-7 and L.221-5 of the French Consumer Code;
  • having read and accepted these T&Cs without reservation;
  • being informed that their commitment does not require a handwritten signature, in accordance with article 1366 of the French Civil Code on electronic evidence.

DOGOU reserves the right to amend its T&Cs at any time. The applicable T&Cs are those in force on the date of the order, as accepted by the CUSTOMER.

ARTICLE 1 – PRODUCTS

The Products offered for sale are Japanese utensils, tools and objects, new or vintage, carefully selected from artisans, manufacturers and suppliers.

In accordance with article L.111-1 of the French Consumer Code, DOGOU presents the essential characteristics of each Product on the WEBSITE. Photographs are as accurate as possible; colours may, however, vary slightly depending on the screen used.

Due to their handcrafted nature, slight variations in colour, texture, shape or finish may exist from one piece to another, without this constituting a lack of conformity.

Vintage pieces are antique objects, sold as single items. They may show signs of use or small imperfections related to their age, which are described and photographed on their product page.

Products are offered subject to availability. If a Product is unavailable after the order, DOGOU informs the CUSTOMER as soon as possible and refunds all sums paid within a maximum of 14 days, unless the CUSTOMER accepts an equivalent product offered by DOGOU.

ARTICLE 2 – PRICES AND PAYMENT

Product prices are stated in euros (€), net (VAT not applicable, article 293 B of the French General Tax Code), excluding shipping costs.

Shipping costs are shown before the order is finally confirmed. Shipping is free on orders of €50 or more in metropolitan France.

DOGOU reserves the right to change its prices at any time. Products are invoiced at the price in force at the time of the order.

Payment is made in full when ordering, by bank card or any other method offered at checkout, through a secure payment solution compliant with PCI-DSS standards. DOGOU does not have access to the CUSTOMER's full banking details.

If payment is refused by the bank, the order is automatically cancelled.

Ownership of the Products is transferred only after full payment of the price.

An invoice is available on request.

ARTICLE 3 – ORDERS

Any order placed on the WEBSITE implies acceptance of these T&Cs.

The order becomes final upon the electronic confirmation sent by DOGOU.

DOGOU reserves the right to refuse or cancel an order for a legitimate reason, in particular:

  • if a Product is unavailable;
  • in the event of an anomaly or suspected fraud;
  • in the event of a dispute concerning payment for a previous order.

Any confirmed order constitutes a distance sales contract within the meaning of article L.221-1 of the French Consumer Code.

ARTICLE 4 – DELIVERY

4.1 Delivery area

DOGOU delivers its Products to metropolitan France and to the European Union countries listed on the WEBSITE.

4.2 Terms and delivery times

Products are shipped to the address provided by the CUSTOMER, who is responsible for checking its accuracy.

Orders are generally shipped within 1 to 2 business days after payment is confirmed. Indicative delivery times after shipping are usually 48 hours in metropolitan France (Colissimo) and 4 to 10 business days in other European countries. They are specified before the order is confirmed.

Unless otherwise stated at the time of the order, Products are delivered no later than 30 days after the conclusion of the contract.

Deliveries are made by a carrier chosen by DOGOU.

4.3 Receipt and transfer of risk

In accordance with article L.216-4 of the French Consumer Code, the risk of loss or damage to the Products passes when the CUSTOMER, or a third party designated by them (other than the carrier offered by DOGOU), takes physical possession of the Products. Where the CUSTOMER chooses a carrier not offered by DOGOU, risk passes to them when the Products are handed over to that carrier.

The CUSTOMER is invited to check the condition of the parcel and the Products on delivery. In the event of an apparent anomaly (opened or damaged parcel, damaged or missing product, wrong item), they are invited to:

  • note reservations with the delivery person or pickup point;
  • inform DOGOU as soon as possible by email at leonard@dogou.fr, attaching photographs of the parcel and the Products.

DOGOU will then offer, depending on the situation, a replacement of the Product if possible, or a refund. These steps are without prejudice to the legal guarantees enjoyed by the CUSTOMER.

If a parcel is not collected or cannot be delivered because of the CUSTOMER (incomplete or incorrect address, repeated absence, not collected in time), it is returned to DOGOU, which will contact the CUSTOMER. The CUSTOMER may, at their choice:

  • request a new shipment, at their own expense;
  • or obtain a refund of the price of the Products, less the shipping and return costs incurred.

4.4 Late delivery

DOGOU does its utmost to meet the stated delivery times.

In accordance with articles L.216-2 and L.216-3 of the French Consumer Code, if delivery does not take place on the agreed date or within the agreed time, the CUSTOMER may request DOGOU in writing to deliver within an additional reasonable period. If delivery does not take place within that period, the CUSTOMER may terminate the contract. They may terminate it immediately if DOGOU refuses to deliver or if the delivery date was an essential condition of the contract for them.

In the event of termination, DOGOU refunds all sums paid, including shipping costs, no later than 14 days after the date of termination.

DOGOU cannot be held liable for a delay resulting from force majeure within the meaning of article 1218 of the French Civil Code.

ARTICLE 5 – RIGHT OF WITHDRAWAL

5.1 Legal period and commercial extension

In accordance with articles L.221-18 et seq. of the French Consumer Code, the CUSTOMER has 14 calendar days from receipt of their order to exercise their right of withdrawal, without giving any reason or paying any penalty, except for return costs.

Beyond this legal period, DOGOU accepts, on a commercial basis, returns up to 30 days after receipt of the order (this period includes the 14 legal days), for Products that are unused, unwashed, in perfect condition, in their original packaging and accompanied by proof of purchase. Products bought on sale do not benefit from this commercial extension, but remain covered by the 14-day legal period.

5.2 How to exercise the right

The CUSTOMER notifies their decision by any unambiguous statement:

  • by email to leonard@dogou.fr;
  • or by post to: DOGOU, 3rd floor, 141 Boulevard Brune, 75014 Paris, France.

The CUSTOMER may use the model withdrawal form appended to these T&Cs.

5.3 Return of Products

The Product must be returned complete, with its accessories and proof of purchase, no later than 14 days after notifying the decision to withdraw. Careful packaging is recommended, especially for fragile items.

Return costs are paid by the CUSTOMER, unless DOGOU made a mistake or the Product is not in conformity.

The CUSTOMER may be held liable for any loss of value of the Product resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning. A deduction corresponding to this loss of value may then be applied to the refund.

5.4 Exceptions

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to:

  • Products made to the CUSTOMER's specifications or clearly personalised;
  • Products unsealed after delivery that cannot be returned for hygiene or health protection reasons.

Gift cards cannot be returned or refunded.

5.5 Refund

In the event of withdrawal, DOGOU refunds all sums paid, including the original shipping costs (based on the standard delivery method), no later than 14 days from the date on which it is informed of the CUSTOMER's decision. DOGOU may withhold the refund until it has received the Product or until the CUSTOMER has supplied proof of having sent it, whichever is earlier.

The refund is made using the same payment method as the one used for the order.

ARTICLE 6 – LEGAL GUARANTEES

Products sold by DOGOU benefit from the legal guarantee of conformity and the guarantee against hidden defects, under the conditions provided by law. No additional commercial guarantee is offered.

6.1 Legal guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code)

DOGOU is liable for any lack of conformity existing at the time the Product is delivered. The CUSTOMER has two (2) years from delivery of the Product to take action.

The lack of conformity is reported in writing to DOGOU at leonard@dogou.fr, with any useful information (photographs, description of the defect, order number).

The CUSTOMER may request the repair or replacement of the Product, free of charge. DOGOU may refuse the chosen remedy if it is impossible or entails disproportionate costs, in accordance with article L.217-12 of the French Consumer Code. If repair or replacement is impossible, the CUSTOMER may obtain a price reduction or, if the defect is sufficiently serious, termination of the contract with a full refund.

For vintage pieces, conformity is assessed in light of their age and the condition described on the product page.

6.2 What the guarantee does not cover

The legal guarantee of conformity does not cover damage resulting from:

  • use not in accordance with the Product's purpose or the instructions for use and care provided;
  • a fall, impact or negligence after delivery;
  • a modification or repair carried out by the CUSTOMER or a third party;
  • normal wear and tear from use.

6.3 Guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code)

DOGOU is bound by the guarantee against hidden defects in the Product that make it unfit for its intended use, or that reduce that use so much that the CUSTOMER would not have bought it, or would have paid a lower price, had they known of them.

The CUSTOMER has two (2) years from the discovery of the defect to take action. They may choose between cancellation of the sale (refund of the price against return of the Product) and a price reduction.

ARTICLE 7 – LIABILITY

DOGOU is responsible for the proper performance of the obligations arising from the contract, under the conditions provided by law. It cannot be held liable in the event of use of the Product contrary to its purpose, or in the event of force majeure within the meaning of article 1218 of the French Civil Code (in particular natural disasters, fires, floods, pandemics, strikes, transport blockages or unforeseeable administrative decisions).

ARTICLE 8 – PERSONAL DATA

DOGOU collects and processes the CUSTOMER's personal data to manage orders, delivery, invoicing and the follow-up of the business relationship.

8.1 Data controller

Data is processed by Léonard Menut (DOGOU), data controller within the meaning of Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

8.2 Purposes

The information collected is necessary:

  • to perform the sales contract (order, payment, delivery);
  • to communicate with the CUSTOMER (order tracking, after-sales service);
  • where applicable, to send marketing information or newsletters, with the CUSTOMER's express consent.

8.3 Recipients

Personal data is intended for DOGOU and its service providers involved in the order process (website host and e-commerce platform, payment providers, carriers, email tool). These providers act on DOGOU's instructions and are bound by confidentiality and security obligations.

DOGOU never sells or transfers its customers' personal data to third parties.

8.4 Security and retention

DOGOU implements appropriate technical and organisational measures to protect data against unauthorised access, loss, alteration or disclosure.

Data is kept for as long as necessary to fulfil the order and comply with legal obligations, in particular accounting obligations (10 years for invoices), and is then deleted or securely archived.

8.5 CUSTOMER rights

Under the GDPR, the CUSTOMER has the right to access, rectify, erase, restrict the processing of, object to and port their data, and the right to withdraw their consent to marketing communications at any time.

These rights can be exercised by email at leonard@dogou.fr. A reply is provided within a maximum of one month. The CUSTOMER may also lodge a complaint with the CNIL (www.cnil.fr).

For more information, the CUSTOMER may consult the Privacy Policy available on the WEBSITE.

ARTICLE 9 – EUROPEAN UNION CUSTOMERS

9.1 Delivery area

DOGOU delivers its Products to metropolitan France and to the European Union Member States listed on the WEBSITE. Shipping costs and times vary depending on the destination country and are shown before the order is confirmed.

9.2 Returns from another EU country

In the event of withdrawal from another European Union country, the costs of returning the goods to France are paid by the CUSTOMER, unless there was a delivery error or the Product is not in conformity. The CUSTOMER is invited to use a tracked shipping method.

9.3 Currency

All transactions are made in euros (€). Any bank conversion fees remain payable by the CUSTOMER.

9.4 Data transfers

Where data is transferred outside the European Union, DOGOU ensures that appropriate safeguards are in place, in particular the standard contractual clauses approved by the European Commission.

9.5 Language

These T&Cs are written in French, which is the only authentic version. An English version may be provided for information.

ARTICLE 10 – GENERAL PROVISIONS

10.1 Intellectual property

All elements on the WEBSITE (texts, photographs, graphics, logos, videos, trademarks, domain names, general structure) are protected by intellectual property law and remain the exclusive property of DOGOU or its partners. Any reproduction or use, in whole or in part, without the prior written authorisation of DOGOU is prohibited.

10.2 Entire agreement

These T&Cs, together with the order summary confirmed by the CUSTOMER, constitute the entire contract between the Parties.

10.3 Partial invalidity

If any provision of these T&Cs is declared null or unenforceable, the other provisions shall remain in full force.

10.4 No waiver

The fact that either Party does not rely on a clause of these T&Cs does not constitute a waiver of the right to rely on it later.

10.5 Evidence

Electronic exchanges between DOGOU and the CUSTOMER (emails, order confirmations, invoices) have the same evidential value as paper documents.

ARTICLE 11 – COMPLAINTS, MEDIATION AND DISPUTES

11.1 Complaints

Any complaint about an order should be sent to DOGOU:

  • by email to leonard@dogou.fr;
  • or by post to DOGOU, 3rd floor, 141 Boulevard Brune, 75014 Paris, France.

DOGOU undertakes to handle each complaint as soon as possible in order to find an amicable solution.

11.2 Consumer mediation

In accordance with article L.612-1 of the French Consumer Code, if a written complaint sent to DOGOU has not been resolved, the consumer CUSTOMER may refer the matter, free of charge, to the following consumer mediator: Association des Médiateurs Européens (AME CONSO), 11 place Dauphine, 75053 Paris Cedex 01, France, www.mediaconso-ame.com.

11.3 Applicable law

These T&Cs are governed by French law. If the CUSTOMER resides in another European Union Member State, they also benefit from the mandatory consumer protection provisions of the law of their country of residence, in accordance with article 6 of Regulation (EC) No 593/2008 (Rome I).

11.4 Jurisdiction

Failing an amicable solution, the dispute will be brought before the competent courts. A consumer CUSTOMER may bring proceedings before the court of their place of residence or of the place of delivery and, if they reside in another Member State, before the courts of their country of residence in accordance with Regulation (EU) No 1215/2012 (Brussels I bis).

APPENDIX – MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract.)

To DOGOU, Léonard Menut, 3rd floor, 141 Boulevard Brune, 75014 Paris, France, email: leonard@dogou.fr

I hereby give notice that I withdraw from my contract for the sale of the following goods:

  • Ordered on: …………… / received on: ……………
  • Order number: ……………
  • Description of the goods: ……………
  • Name of consumer: ……………
  • Address of consumer: ……………
  • Signature of consumer (only if this form is notified on paper): ……………
  • Date: ……………