Article 1 – The seller
DuckyDucky is a brand operated by Luc Frébourg, sole trader (Entrepreneur individuel, EI), SIREN 798 009 338, 61 rue de Lyon 75012 Paris, contact@duckyducky.net.
Paris Trade Register. Business code NAF 1419Z. EU VAT number FR29798009338.
Unique identifier (IDU) for extended producer responsibility (EPR): FR538249_01HMMM (Citeo).
Article 2 – Scope and acceptance
These terms govern every distance sale concluded on duckyducky.net between the seller and a consumer. The customer accepts them by ticking the box provided before payment. The accepted version, dated, is sent as a PDF with the order confirmation e-mail; it is the version that applies to that order, even if the terms published on the website change afterwards.
Article 3 – The pieces and their three categories
Our garments are handmade in 0.33 mm natural latex (0.6 mm as an option). Except for pieces marked “in stock”, each piece is made after the order, in about 7 weeks.
Depending on the choices made when ordering, each piece falls into one of the following three categories, shown on the product page, in the cart, at checkout and in the confirmation e-mail:
- Standard piece: size XS to XL, black or transparent black, without any customisation option (built-in condom, 0.6 mm thickness, “toes” feet, pocket, gloves or trim in a colour other than black, hood options other than cat eyes and open mouth). Pieces “in stock”, accessories and care products are also standard pieces.
- Configured piece: size XS to XL in any other colour, or with one or more customisation options.
- Made-to-measure piece: size “Tailor Made” or “Tailor Made XL+”, made to the customer’s measurements.
Photographs show the pieces worn and polished; latex is delivered matt and becomes shiny with a polish product. Slight variations in shade between two productions are possible. Dressing, care and storage instructions appear on each product page and must be followed.
Article 4 – Ordering
The customer chooses their pieces and options, checks the cart, enters their details, accepts these terms and pays. Where the cart contains a configured or made-to-measure piece, the customer further acknowledges, through a separate tick box, that this piece is made especially to their choices or measurements and is not covered by the right of withdrawal. The time of these acceptances is recorded.
The order is confirmed by e-mail, with the details of the pieces, their category, these terms as a PDF and the model withdrawal form. The seller may refuse an obviously abnormal order or one following an unpaid balance; the customer is informed and refunded.
For a made-to-measure piece, the customer sends their measurements following the guide provided; it is for the customer to check that they are correct. The seller remains available to help take them before ordering.
Article 5 – Prices and taxes
Prices are shown in euros, all taxes included. Display in another currency is indicative; the amount charged is the one shown at the time of payment.
The seller is covered by the French small enterprise VAT exemption scheme. The applicable statements are as follows:
- France, business or consumer customer: TVA non applicable, art. 293 B du CGI (art. L. 233-3 du CIBS) – article 284 de la directive 2006/112/CE (VAT exempt, small enterprise scheme, Article 284 of Council Directive 2006/112/EC).
- European Union, business customer: same statement.
- European Union, consumer customer, below the threshold of €10,000 of intra-EU distance sales: same statement.
- Outside the European Union: Exportation exonérée, art. 262 I du CGI – article 146 de la directive 2006/112/CE (export exempt, Article 262 I of the French Tax Code and Article 146 of Council Directive 2006/112/EC). Import duties and taxes are borne by the customer and collected by the carrier or customs.
For deliveries to the United Kingdom, UK VAT is added at checkout where UK rules require it.
Article 6 – Payment
Payment is made when ordering, by PayPal, card, Apple Pay or Google Pay through PayPal. Payment data does not pass through the website. The order is processed only once payment has been received.
Article 7 – Delivery
Pieces made to order are shipped after about 7 weeks of production; pieces “in stock” are shipped within 48 working hours. Transit times are added. Any production delay is notified to the customer by e-mail; beyond a delay of 30 days on the announced lead time, the customer may cancel the order and be refunded.
Delivery methods and costs (Mondial Relay, collection in Paris by appointment, home delivery depending on destination) are shown before the order is confirmed. Delivery is free from €280 of purchase, excluding import duties and taxes.
Parcels are shipped in discreet packaging, with no mention of the contents. On receipt, the customer checks the condition of the parcel and reports any anomaly to the carrier and to the seller within 3 days. The seller is not liable for delays attributable to the carrier or to customs, but assists the customer in the event of a lost or damaged parcel.
Article 8 – Cancellation within 12 hours
Any order may be cancelled free of charge within 12 hours of being placed, by e-mail to contact@duckyducky.net quoting the order number. The refund is made within 48 hours by the payment method used. This commercial facility is in addition to the customer’s legal rights.
Article 9 – Withdrawal and returns
9.1 Pieces concerned
In accordance with Articles L221-18 et seq. of the French Consumer Code, the consumer has 14 days from delivery of a standard piece to withdraw, without giving any reason, subject to Article 9.2.
9.2 Hygiene seal
Delivered under a hygiene seal are: standard and configured latex garments, in a pouch closed with a numbered security label; accessories intended for the mouth, under the same seal or in tamper-evident original packaging; care products, in their sealed original packaging. Each product page states whether it is delivered under seal. In accordance with Article L221-28, 5° of the French Consumer Code, the right of withdrawal can no longer be exercised for a product whose seal or sealed packaging has been opened after delivery. As long as the seal is intact, the right of withdrawal applies normally to the products that benefit from it. Made-to-measure garments, the polishing cloth and the gift box are not delivered under seal.
9.3 Configured and made-to-measure pieces
They are not prefabricated: they are handmade after the order, according to the combination of options or the measurements chosen by the customer. In accordance with Article L221-28, 3° of the French Consumer Code, they cannot be the subject of a withdrawal, and are neither taken back nor exchanged. The customer is informed of this on the product page and expressly acknowledges it before confirming the order. This applies in particular to every colour other than black and transparent black, including transparent pink, purple or natural.
9.4 How to withdraw
The customer uses the “Exercise my right of withdrawal” function, available from the confirmation e-mail, from their account or from the website footer, in two steps: statement then confirmation. A time-stamped acknowledgement is sent without delay. The customer may also send any unambiguous statement to contact@duckyducky.net, for example using the model form in the annex.
9.5 Checking the time limit
The delivery date is checked against the carrier’s tracking. A statement made more than 14 days after delivery is notified to the customer within 2 working days and does not give rise to a return.
9.6 Return
The customer returns the piece in its pouch, seal intact, no later than 14 days after communicating their decision, to: DuckyDucky, 61 rue de Lyon, 75012 Paris, France. The costs and risks of the return are borne by the customer; a tracked shipment is recommended. Without a return or proof of dispatch within this period, the withdrawal has no effect and no refund is due.
9.7 Refund
The seller refunds all sums paid, including the initial delivery costs on the basis of the least expensive standard delivery method offered, no later than 14 days from receipt of the withdrawal decision, by the same payment method. The seller may defer the refund until the piece is recovered or until proof of its dispatch.
9.8 Seal check
On receipt, the seller checks the integrity of the seal and, for numbered DuckyDucky seals, that its number matches the one recorded at dispatch; photographs are kept. A product whose seal has been opened, replaced or altered is not refunded; it is returned to the customer at their expense, after payment of the return shipping costs.
9.9 Diminished value
The customer may be held liable for any diminished value of the piece resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning.
9.10 Guarantees
Whatever the category of the piece, and even if the seal has been opened, the legal guarantees of Article 10 remain applicable.
Article 10 – Legal guarantees
The customer benefits from the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and from the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).
The guarantee of conformity covers defects existing at delivery, in particular a defect in the material, the seams or the fastening, or a piece that does not match the order. It does not cover normal wear or damage resulting from use, dressing, care or storage that does not follow the instructions provided: tearing by nails or jewellery, contact with oils, solvents or metals, exposure to sun or heat, storage folded or damp.
In the event of a defect, the customer contacts the seller at contact@duckyducky.net with photographs. The customer may choose between repair and replacement of the piece; the seller may however select the less expensive solution. If repair and replacement are impossible, or cannot take place within 30 days, the customer may return the piece and obtain a refund. Any established defect justifies the return of the piece at the seller’s expense.
Article 11 – Liability
The seller is not liable for non-performance or delay due to force majeure, nor for damage resulting from use of the piece that does not match its intended purpose or the instructions provided. Natural latex may cause allergic reactions: the customer makes sure before ordering that they are not allergic to it.
Article 12 – Personal data
The customer’s data is processed to fulfil the order, for invoicing, delivery and the handling of returns, in accordance with the website’s privacy policy. The acceptances given when ordering and the withdrawal statements are kept, with their time stamps, for the applicable limitation period.
Article 13 – Intellectual property
The designs, model names, photographs, videos and texts of the website are the property of DuckyDucky or of their authors and may not be reproduced without authorisation.
Article 14 – Applicable law and disputes
These terms are governed by French law; in the event of translation, the French version prevails. Any complaint is first addressed to contact@duckyducky.net; the seller replies within 10 working days and seeks an amicable solution. Failing that, the dispute falls to the courts having jurisdiction under the ordinary rules.
Article 15 – Mediation
In accordance with the provisions of the French Consumer Code on the mediation of consumer disputes, after contacting us first and failing a satisfactory reply, you may use a consumer mediation procedure free of charge with:
CM2C – 49 rue de Ponthieu, 75008 Paris – Tel.: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php – Email: litiges@cm2c.net
Annex – Model withdrawal form
To DuckyDucky, 61 rue de Lyon, 75012 Paris, France, contact@duckyducky.net:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*):
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.