Terms and Conditions
PURPOSE
These Terms and Conditions rule the purchasing of the products for sale on the website www.my-dune.com, property of MATHIEU TAXY (below-mentioned, My-dune).
Purchasing any of the aformentioned products entails the full and unreserved acceptance of each and every condition as published in these Terms and Conditions, and is also subject to the acceptance of the particular conditions that may be applicable to specific products.
These Terms and Conditions may be modified without prior notice; herefore it is advised to read this document carefully before you start purchasing on My-dune
IDENTIFICATION
My-dune, in accordance with the Law of Information Society Services and Electronic Commerce 34/2002 - July 11th, informs you that:
- Its company name is: MATHIEU TAXY.
- Its commercial name is: My-dune
- Its CIF number is: X3647174H.
- Its headquarters are at: CTRA. FIGUERAS-PORTBOU KM. 27,9 - 17493 PEDRET I MARZÀ - GIRONA (SPAIN).
COMMUNICATIONS
To contact us, different means are available as shown below:
- Phone: +34 686696918.
- Email: mathieu@my-dune.com.
- Contact form: http://www.my-dune.com/en/contact/.
- Address: CTRA. FIGUERAS-PORTBOU KM. 27,9 - 17493 - PEDRET I MARZÀ - GIRONA (SPAIN).
All notifications and communications between users and My-dune are considered effective, for future reference, as long as they are carried out through any of the means detailed above.
PRODUCTS
The published products are displayed with their main specifications and their price.
My-dune reserves the right to decide which products and/or services are made available to the customers. Therefore, My-dune can, at any moment, add new products and/or services to those currently available. In addition, My-dune reserves the right to modify, withdraw, or stop offering any product or service, to change its specifications and/or its price, at any time and without prior notice.
My-dune offers configurable products for sale, the final form of which is the responsibility of the user. Once the configuration and the purchase are completed, the user accepts the product as configured, so that the resulting item, according to their specifications, clearly customized, cannot be returned or exchanged for any another similar product.
Tout cela sans préjudice de ce que l'acquisition d'un produit ne peut être faite que par la souscription en bonne and due forme, and possiblement par l'enregistrement de l'utilisateur, par laquelle My-dune pourra octroyer à la personne concernée des identifiants uniques permettant de l'identifier personnellement and de lui donner accès aux produits concernés. All the above without prejudice to the fact that the purchase of any of the products can only be done through the subscription or registration of the USER, which My-dune grants to the interested a username and a password, that will personally identify and enable him/her to have access to the products.
Une fois connecté sur www.my-dune.com, and pour accéder à l'achat des divers produits, l'utilisateur doit suivre toutes les instructions indiquées dans le processus d'achat, ce qui impliquera la lecture and l'acceptation de toutes les conditions générales and particulières fixées par les indications disponibles sur www.my-dune.com. Once inside www.my-dune.com and in order to access the contracting of the different products, the User should follow all the instructions indicated in the purchase process, which will mean the reading and acceptance of all the General and Individual conditions posted on www.my-dune.com.
AVAILABILITY AND REPLACEMENT
PRODUCTS
My-dune aims to ensure the availability of all the products that are published on www.my-dune.com. However, should any requested product be unavailable or sold out, we would update the www.my-dune.com website as soon as possible, and we woud send an email to the email address provided by the customers along with their order, quote request, or information enquiry.
Should any product be unavailable, My-dune, after proper information delivered to the consumer, may supply them with a similar product, with no price increase, in which case the consumer may either accept or refuse it by exercising their right of withdrawal and resolution of the contract.
In case of unavailability of all or part of the ordered products, and if the customer refuses the replacement products, My-dune will refund the already paid amounts using the same payment method as the one the purchase was completed with.
In such a case, should My-dune be unjustifiably slow to refund the paid amounts, the customer has the right to claim twice the owed amounts.
Delivey times for the configurable products are specific and may differ from those indicated on the website. When purchasing those products, the customer will be informed of both the manufacturing and the delivery times via the email address specified when the order was placed.
PURCHASE AND/OR CONTRACTING PROCESS
Only users of legal age can place orders and complete purchases on www.my-dune.com.
Moreover, the customer will be required to fill in one or more data collection forms in order to supply My-dune with the necessary purchasing/contracting information. In all circumstances, these personal data will be true, accurate and complete, and the customer will consent expressly to passing them on to My-dune by accepting the Privacy Policy.
To complete a purchase, users will need to follow the below steps:
- select one or more available products
- if needed, configure the product(s) within the online configuration tool
- review their shopping cart
- select and check the tax rates and the shipping costs
- accept the Terms and Conditions
- place their online order
- or request a quote
- or request email invoicing
It is also advised that the customer prints these Terms and Conditions and/or saves a copy onto a safe backup medium once their order has been placed, as well as the acknowledgement of receipt sent by My-dune via email.
BILLING
The customer will receive their bill together with their order.
For this purpose, the customer agrees to getting this bill in an electronic format. The client will thus receive it by email. A printed copy of this bill will also be added to the delivered parcel.
SHIPPING
PRODUCTS
The order will be shipped to the address designated by the client when the purchase was completed.
Shipping options cover the following areas: the European Union. Shipping outside the European Union requires assessments and will be
DELIVERY METHODS AND DELIVERY TIMES
My-dune uses the following means of transport for order dispatching:
- domestic and international postal services
- domestic and international carriers.
Given the variety of products on its site, My-dune reserves the right to choose the appropriate delivery method depending on the order details, its volumetric bulk and its total weight.
Unless expressly requested by the customer, My-dune also reserves the prerogative to choose how to group the different items of the same order for shipping, depending on their availability and/or their volumetric bulk and/or their weight. My-dune can then determine if it would be best to split an order for distinct shipments or to ship it as a unique bundle.
The customer can, upon express request, inform My-dune that they want some products to be shipped separately : such requests can be expected when, for instance, a single order consists of immediately available items that can thus be shipped without delay, and of other items that may be available later (e.g. : any product subject to manufacturing time). Such requests may incur additional fees that will be borne by the customer.
Delivery times Les délais de livraison seront détaillés au moment de l'achat and la compagnie de transport responsable de la livraison du produit sera indiquée avant de finaliser le processus d'achat.
PRICES, FEES AND TAXES
The prices of the products published on www.my-dune.com are in Euros unless otherwise stated. Those prices will be guaranteed during the period of validity of the products, bar typing errors, and whatever the destination of the order.
PRODUCTS
The final prices of all the products (and if appropriate, the final price per unit of measurement, when needed) and their specifications, offers, discounts, etc.. are displayed for each of the items published in the catalogue at www.my-dune.com.
- The prices are tax included.
- The Spanish VAT rate is 21%.
- Shipment: the shipping fees will be detailed during the purchasing process, depending on the place of delivery.
- Additional fees: sales are limited to the European Union. Shipments outside the UE may incur additional fees, including SAD fees and additional transport fees.
The list prices may change at any time. If they do, the retained prices will be the lists prices at the time the order was placed. In any case, the customer will be duly informed of the final cost during the electronic purchase process, before they formalise their acceptance and complete the payment.
PAYMENT METHODS
My-dune accepts the following payment methods:
-
PayPal Account
Payment via a PayPal account is accepted: PayPal will check that no problem is detected before the owed amounts are actually paid.
-
Bank card via PayPal
Bank card payments are accepted, and processed by PayPal: as the online payment gateway, PayPal checks both the card validity and the funds availability before the purchase is completed. PayPal will never pass the customer's card or bank data on to My-dune The customer will be required to accept PayPal's Privacy Policy in order to complete their bank card payment.
-
Bank transfer or cash settlement
Bank transfer or cash settlement in favour of:
- Entity : BANCO POPULAR
- Account number:
- IBAN: ES92-0075-0041-79-060-15864-50
- BIC: POPUESMM
The customer will be required to provide their firstname, lastname, and Purchase Order Number to complete the bank transfer or the cash settlement.
RETURN POLICY AND RIGHT OF WITHDRAWAL
In accordance with the current regulations, consumers have the right to terminate sales contracts up to 14 clear days from the receipt of the order without the need to explain the reason, and without incurring any cost except those provided in the articles 107.2 and 108 of the RD1/2007 - November 16th, in accordance with the relevant text of the General Law for the Defense of Consumers and Users.
This right of withdrawal is not applicable, among others, to contracts of sale of products:
- manufactured according to consumer specifications,
- or clearly customized,
- or which, by their nature, cannot be returned,
- or which are likely to deteriorate or expire quickly.
PRODUCTS
The costumer has up to 14 clear days from the receipt of the order to inform My-dune about their desire to withdraw from the contract.
Withdrawal implies that My-dune will refund the amount already paid by the customer within a maximum period of 14 clear days, using the same payment method as the one the purchase was completed with (as long as the purchased products are not within the aforementioned exceptions).
During this period, the consumer will inform My-dune about their decision to withdraw and to terminate the contract by filling the form available at the end of this document (download link), that will have to be sent My-dune's official email address.
My-dune will send its acknowledgement of receipt of that withdrawal request to the consumer in a safe and durable format.
To proceed with the return of a product, it is essential that it is in as-new condition, that it has never been used, and that it is returned along with all the supplied accessories, and in its original package. It is thus advised to unpack products with care.
Upon receipt of the customer's request, we will contact them with details about the return procedure.
The return costs will be borne by the customer.
WARRANTY
The products that are purchased on www.my-dune.com have a 2-month warranty, applicable from the date of purchase, which covers the product's possible manufacturing defects, as well as any damage that may occur during that period.
Should the product break during the first two-month period, it will be replaced for a new one with the same specifications. Beyond these two months, the product will have to be sent back to the factory for inspection. In case of manufacturing defect, and depending on the found problem(s), My-dune will either replace the product for a new one, or undertake repairing it. In case the found problem(s) is(are) due to improper use, deterioration, or lack of maintenance, the labour costs for the product inspection will be borne by the customer.
The waranty does not cover consumables, the defects caused by proper use, and even more so misuse, of the product, the connection to an incompatible electrical grid, incorrect installation, or defects arising from any external cause.
Usually the technical department will need the following details:
- invoice number
- identification of the specific model.
OBSERVATIONS
The labour rate is 45€ per hour.
RESPONSIBILITY
The consumer and user have the right to repair the product, its replacement, a price reduction or the resolution of the contract, in accordance to the Chapter II, Title IV Book II of the General Law for the Defense of Consumers and Users. Le consommateur and l'utilisateur disposent du droit à la réparation du produit, à son remplacement, à une réduction du prix or à la résiliation du contrat, tel qu'il figure dans le chapitre II tit. IV Livre II de la Loi Générale pour la Défense des Consommateurs and des Utilisateurs.
If the product was not in accordance with the contract, the consumer may choose between its repair or the replacement with another product. In both cases it would be free for the consumer, and it will be carried out within a reasonable period of time depending on the nature of the products and the purpose to what they were intended. Si le produit n'est pas conforme au contrat, le consommateur peut choisir entre la réparation ou le remplacement, qui sont tous deux gratuits pour le consommateur, qui aura lieu dans un délai raisonnable en fonction de la nature des produits and l'usage auquel ils étaient destinés.
If the repair is completed and the product delivered is still not in accordance with the contract, the consumer may demand its replacement, a price reduction or the resolution of the contract. Si le produit, une fois réparé and livré, n'est toujours pas conforme au contrat, le consommateur peut exiger le remplacement, la réduction du prix or la résiliation du contrat.
ADDITIONAL INFORMATION
The products made according to the specifications of the consumer and user or clearly customized, or those that by their nature cannot be returned or may be deteriorated or expire quickly, in these cases the clauses previously mentioned will not apply. Les produits préparés conformément aux spécifications du consommateur and de l'utilisateur ou bien personnalisés or qui, par leur nature, ne peuvent être renvoyés or sont susceptibles de se détériorer or de se périmer rapidement, ne sont pas applicables aux clauses mentionnées dans les paragraphes précédents.
CUSTOMER SERVICE AND CLAIMS
To file a claim, the customer should contact the Customer Service department at My-dune through the following email address: mathieu@my-dune.com
According to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and more specifically the Article 14.1 of the aforementioned regulation, we inform you that the European Commission made available to all consumers an online dispute resolution platform, which is available via the following link: http://ec.europa.eu/consumers/odr/.
APPLICABLE LAW
The present Terms and Conditions are governed by the current Spanish Law, and the only valid version for interpretation is the Spanish version. The reference language will be Castilian Spanish. All litigation shall come under the exclusive jurisdiction of the Spanish courts.