Terms and conditions
These General Conditions of Sale are those of the company CLAIRE D. (hereinafter CLAIRE DARTIGUES), a limited liability company with a capital of 10 000 euros, registered in the Paris Trade and Companies Register, whose intra-community VAT number is in the process of being registered and whose registered office is 11 rue Tronchet, 75008 Paris.
2. Scope and acceptance of the General Conditions of Sale
The purchase of Products offered on the website www.clairedartigues.com (hereinafter " Site ") Is subject to the present general conditions of sale of the Site (hereinafter the" CGV ").
The CLAIRE DARTIGUES Products (hereinafter the " Products ") Are intended exclusively for sale to end consumers who are natural persons or to clients who are non-professional legal persons (hereinafter" Clients »), Excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that he is acting as an end consumer and that he does not intend to resell the Products for commercial purposes.
CLAIRE DARTIGUES can update these T & Cs at any time.
The Customer can read the version of the T & Cs in force at any time by clicking on the link at the bottom of the home page.
3. Terms of Order
Any order placed on the Site constitutes express acceptance of the GTC and constitutes acceptance of the prices and Products available for sale on the Site.
3.1. Order process
The Customer who wishes to place an order must follow the following procedure :
1. Choice of Product : the Customer must select the Product he wishes to order.
2. Verification of the content of the Client's selection : the Customer checks the contents of his basket while retaining the possibility of deleting the Products he has selected.
3. Identification : the Customer must create an account by completing the identification form made available to him and indicating the requested information (mandatory information : title, surname, first name or company name, address, e-mail, password, telephone number for delivery).
4. Verification of the Customer's order : the customer checks the content of his order, the total price, the delivery and invoicing addresses while retaining the possibility of deleting a Product or modifying the invoicing and delivery address. The Customer confirms his method of delivery and payment. The Customer must confirm his acceptance of these T & Cs by checking the corresponding box. The validation of the order is only possible after having checked this box.
5. Acknowledgment of receipt of the order : the Customer receives an e-mail summarizing the content of his order, namely :
- his delivery and billing addresses
- the order number
- the date of the order
- the list of Products ordered and their amounts
- the delivery method
The Customer is advised to keep and print this document, official proof of his order. The order is then recorded and processed by CLAIRE DARTIGUES who checks the availability of the Product (s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
Confirmation of dispatch of the order : the Customer receives an e-mail summarizing the content of his order and confirming the shipment. The contract is deemed to be concluded on the date of sending this e-mail.
3.2. Order tracking
A carrier tracking number is communicated to the Customer when their order is validated.
If the Customer wishes to obtain information concerning the follow-up of his order, he can connect to the website of the carrier chosen by CLAIRE DARTIGUES, ex : UPS, at the address www.ups.com , and follow the delivery of his package live. The Customer also receives information by e-mail concerning the various stages of the process of processing and preparing his order until it is dispatched.
4. Availability of Products
The offers of products and prices of CLAIRE DARTIGUES are valid as long as they are visible on the Site, within the limit of available stocks.
Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Customers.
In the event of unavailability of a Product after placing his order, CLAIRE DARTIGUES will inform the Customer by e-mail or by telephone as soon as possible, offering him either to order another Product presented on the Site as a replacement, either to cancel his order free of charge.
CLAIRE DARTIGUES does not incur any responsibility in the event of out of stock or unavailability of Products for orders not yet accepted by CLAIRE DARTIGUES.
CLAIRE DARTIGUES reserves the right to change the Products offered on the Site at any time and without notice.
In order to ensure a better quality of service and availability of its Products to all of the Site's Customers, CLAIRE DARTIGUES reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the provisions applicable in this area and in particular those of Article L.121-11 of the French Consumer Code.
While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of color rendering on the computer equipment of the Customer. Consequently, CLAIRE DARTIGUES cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.
CLAIRE DARTIGUES reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if CLAIRE DARTIGUES reasonably considers that this Customer has violated these T & Cs or that he has engaged in fraudulent activity, or for any other legitimate reason.
The prices of the Products are indicated in Euros, all taxes included and excluding any customs charges for orders outside the EU which remain the responsibility of the Customer. Except in cases of reimbursement made (i) within the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, CLAIRE DARTIGUES will not refund the VAT applied on purchases made on the Site (even in the event that the buyer, after receipt, sends the Products back to a country outside the European Union).
CLAIRE DARTIGUES reserves the right to modify the prices of the Products offered on the Site at any time and without notice.
The Products are invoiced on the basis of the prices displayed on the Site when the order is placed, subject to the availability of the Products ordered at that time.
All orders are payable in Euros and must be paid for immediately upon placing the order.
In the event of unavailability of certain Products ordered (see article 4 " Product availability »), Only the price and transport costs relating to the available Products will be debited.
By credit card (Visa, CB, Mastercard, American Express): Payment is made on the secure site of the CLAIRE DARTIGUES partner banking establishment. This implies that no banking information concerning the Customer passes through the site www.clairedartigues.com Payment by credit card is therefore perfectly secure (SSL). The order will be recorded and validated upon acceptance of payment by the banking service.
6. Retention of title
The Products ordered remain the property of CLAIRE DARTIGUES until full receipt of the price by CLAIRE DARTIGUES. On the other hand, the Customer assumes the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated during the order.
7. Terms of delivery
The amount of preparation and shipping costs depend on the country and the total amount of the order. They will be detailed on the invoice.
CLAIRE DARTIGUES cannot be held responsible for any action and / or costs and / or taxes (which are the responsibility of the Customer) and / or delays due to customs services over which it has no control.
For all the Products, the order is prepared for a departure from the warehouses of CLAIRE DARTIGUES within a maximum period of 2 working days (subject to availability of stocks and except for the specific case of Products sold "in pre-sale" whose file indicates the specific estimated delivery time) from the email confirmation of the order. The average time observed between placing an order and its delivery is 3 to 9 working days. This is an average time observed. Exceeding this period may not give rise to any cancellation of the order, to any reduction in the price paid by the buyer and to any payment for damages, it being specified that in certain specific cases (eg : products sold in presale), the deadlines indicated above may be longer. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, for lack of delivery after the expiration of a period of 30 days from the day following the Customer placed his order, the latter will be able to cancel it free of charge. The sums he has paid will then be reimbursed. In cases where it has the capacity, CLAIRE DARTIGUES reserves the right to offer the Customer a Product of quality and price equivalent to the initial product.
If the order reaches a certain volume, CLAIRE DARTIGUES may send them to the Customer in several deliveries and / or several packages.
In general, all packages are shipped via the company LA POSTE. A delivery note to be signed is attached to the package. It is advisable to keep the duplicate, it will serve as proof of delivery.
The Customer must verify the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. He must indicate on this delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damaged product, etc.). This verification is considered to have been carried out once the Customer, or a person of his choice, has signed the delivery note. No complaint about the condition of the delivered package (s) will then be admissible. In the event of reservations about the delivery, the Customer must also confirm them to the carrier no later than 3 working days following receipt of the item (s) and send a copy of this letter to CLAIRE DARTIGUES by email at the address firstname.lastname@example.org with confirmation by registered letter with acknowledgment of receipt to customer service at the following address Company - Claire DARTIGUES - 11 RUE Tronchet - 75008 - Paris
In case of incomplete address, wrong address, refusal of the package by the recipient or lack of information making it impossible to deliver the Product to the recipient on time, CLAIRE DARTIGUES cannot be held responsible for the quality. final of this delivery. If this lack of information results in a second presentation to the recipient, CLAIRE DARTIGUES will be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the general delivery conditions of the carrier which, in certain cases, if he does not comply with them, may impact the quality of the delivery.
Thus, in the absence of the recipient, according to the general delivery conditions of the carrier, the product can be presented again and / or deposited in an agreed relay point and / or in front of the Customer's home and / or in a " sorting - waiting »From the carrier and / or returned to CLAIRE DARTIGUES who cannot be held responsible for any theft, loss or damage to the Products in connection with their delivery and, in general, for the final quality of the delivery.
In the event of an impossibility of delivery and if the product were then returned to CLAIRE DARTIGUES by the carrier, CLAIRE DARTIGUES will not make a new delivery.
Any complaint concerning the delivery of the Products must be made within 14 working days of receipt of the item (s) under the same conditions as mentioned above. If it is decided that the product (s) must be returned to CLAIRE DARTIGUES, they must be returned in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must first contact customer service via email : email@example.com in order to obtain a return number to be noted on the form " Right of return »Attached to the order as well as any details relating to shipping. No package will be accepted without a return number. This number must be written in a marker legibly on the package. The Product must be returned to Société CLAIRE D. 11 rue Tronchet, 75008 Paris.
8. Right of withdrawal
In accordance with Articles L. 121-16 et seq. Of the Consumer Code, the Customer has 14 days from the date of delivery of the product purchased on the Site to notify customer service of the desire to return the product. Product.
For any return, the Customer must first contact customer service via email: firstname.lastname@example.org to inform him of his decision to use his right of withdrawal. Any package returned after the announced deadlines will be refused and returned to the sender. No package returned for cash on delivery will be accepted, whatever the reason. The costs and risks associated with returning the Products are the responsibility of the sender. In order for customer service to accept the exchange and / or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached or worn, accompanied by all its accessories and a copy of the purchase invoice to the company CLAIRE DARTIGUES - 11 RUE Tronchet - 75008 Paris The Customer will not have to justify reasons or pay penalties, with the exception of return costs.
CLAIRE DARTIGUES cannot be held responsible for any loss, theft or damage to the package.
Packages for which the identification of the Customer (name, first name, address and return code) will not be possible, will be refused.
All returns must be made by a traceable method (UPS, FEDEX, DHL, RAR, etc.) and the tracking number must be communicated to CLAIRE DARTIGUES.
Upon receipt of the Product returned by the Customer, customer service will send an email confirmation of receipt of the Product.
CLAIRE DARTIGUES, in the event of regular exercise of this right by the Customer, will reimburse the latter the sums paid by him corresponding to the acquisition of the returned Product (s) (therefore excluding any customs charges), in a maximum period of fourteen days, by bank transfer to the account used with the payment card sent in the name of the Customer.
CLAIRE DARTIGUES undertakes to reimburse the standard delivery costs including the tracking of the package. For this purpose it will be advisable to insert in the return parcel the delivery invoice indicating the tracking number of the parcel.
9. Legal guarantees
The Products sold by CLAIRE DARTIGUES are subject to the conditions of legal guarantees provided for by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
CLAIRE DARTIGUES will refuse any complaint relating to Products which have been used inappropriately.
Any complaint concerning the Products as such and unrelated to the delivery must be made by email to the address email@example.com followed by written confirmation sent by registered letter with acknowledgment of receipt to customer service at the following address : to the company CLAIRE DARTIGUES - 11 RUE Tronchet -
9.1. Legal guarantee of conformity
CLAIRE DARTIGUES will deliver to the Customer a Product that complies with the contract and free from any lack of conformity upon delivery of the said Product, in the sense that the Product will be suitable for the use usually expected of a similar good and that it will have the characteristics presented. during the sale. CLAIRE DARTIGUES also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
9.2. Legal warranty against hidden defects
CLAIRE DARTIGUES will provide the Customer with a Product free from hidden defects which would make it unfit for the use for which it is intended, or which reduce this use so much that he would not have acquired it, or would have given only one. lower price, if he had known them.
These guarantees will only apply on the condition that the Customer makes the request within 24 months of delivery of the Product (for the legal guarantee of conformity) or of the discovery of the defect (for the legal guarantee against hidden defects. ).
Defects of conformity which appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of recognized non-conformity on a Product sold by CLAIRE DARTIGUES, the Customer may choose between repair and replacement of the Product unless one of these choices entails a manifestly disproportionate cost for CLAIRE DARTIGUES. If repair or replacement of the Product is impossible, the Customer may be refunded the price paid and return the Product or keep the Product and be refunded part of the price, unless the lack of conformity is minor.
In the event of a hidden defect recognized on a Product sold by CLAIRE DARTIGUES, the Customer will have the choice to return the Product and have the price and costs incurred by the sale returned or keep the Product and have part of the price returned. .
In all cases, it will be up to the Customer to prove that he fulfills the conditions of the guarantee.
The return, replacement or reimbursement of the Product will take place at no cost to the Customer and do not preclude the possible allocation of damages in the event that there is a right.
In the event of a lack of conformity and / or hidden defects recognized by CLAIRE DARTIGUES, if it is decided to return the Product, the Customer must send it to the following address: to the company CLAIRE D. 11 rue Tronchet, 75008 Paris. The Customer must have previously obtained customer service contacted via email : firstname.lastname@example.org a return number as well as any details relating to shipping. No package will be accepted without a return number. This number must be written in a marker legibly on the package.
10. After-sales service and availability of spare parts
Any technically repairable Product benefits from a chargeable after-sales service. For any repair request, the Customer will contact customer service directly by email : email@example.com
In accordance with article L 111-3 al 1 of the Consumer Code, CLAIRE DARTIGUES confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. CLAIRE DARTIGUES will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
11. Limitation of liability
Under no circumstances can CLAIRE DARTIGUES be held liable for any damage that does not result from a failure by CLAIRE DARTIGUES to fulfill one of its obligations.
12. Personal data
When the Customer registers on the Website www.clairedartigues.com, CLAIRE DARTIGUES collects her personal information (personal data, e-mail address, gender, etc.) through the registration form in order to offer her the services accessible in the restricted access areas of CLAIRE DARTIGUES. The provision of personal information concerning him is essential for the processing and delivery of his orders.
The ordering process on the Website, www.clairedartigues.com requires the creation of a Customer account in which his information is stored and protected by a password that the Customer chooses. This information is strictly confidential and is intended for CLAIRE DARTIGUES exclusively. They will be processed in strict compliance with the provisions of the Law " Computing and Freedom »N ° 78-17 of January 6, 1978 and Regulation (EU) 2016/679, general data protection regulation.
As such, CLAIRE DARTIGUES undertakes in particular to (i) guarantee the confidentiality of personal data processed within the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensuring that the persons authorized to process personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and ( iii) that any subcontractors comply with legal obligations on behalf of and according to the instructions of CLAIRE DARTIGUES
At any time, the Customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, he can make a request to CLAIRE DARTIGUES by email at firstname.lastname@example.org or by mail to the following address: Société CLAIRE DARTIGUES - 11 rue Tronchet - 75008 Paris
Subject to validation by a " opt-in »Of the customer, personal information (personal data, e-mail address, gender, etc.) can also be used by CLAIRE DARTIGUES and / or its partners for commercial purposes such as sending newsletters or solicitations.
13. Intellectual property
All documents, text information, graphics, images, photographs or any other content published on the Website www.clairedartigues.com are the exclusive property of CLAIRE DARTIGUES. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express authorization of the director of the publication.
CLAIRE DARTIGUES is the holder of all intellectual property rights (with the exception of the moral rights of authors) relating to the Products and to the brands and distinctive signs under which the Products are marketed.
The Customer unreservedly recognizes as such the intellectual property of CLAIRE DARTIGUES and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through the intermediary of a third party, for his benefit or for the benefit of a third parties, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and brands belonging to CLAIRE DARTIGUES.
14. Force majeure
" Force majeure »Designates all external circumstances, irresistible and unforeseeable, beyond the reasonable control of the party undergoing a case of force majeure.
In the event that CLAIRE DARTIGUES is prevented or delayed by a case of force majeure in the performance of its commitments, CLAIRE DARTIGUES undertakes to inform the Customer within 72 hours, specifying the precise elements constituting the force majeure, the duration reasonably foreseeable delay or impediment. CLAIRE DARTIGUES will then be released from any liability related to the non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay, In such a case of force majeure , CLAIRE DARTIGUES may at its discretion terminate the order or any part of it, without liability, however on the condition of reimbursing the Customer for the sums already paid. In no way can the Customer invoke a case of force majeure to release himself even temporarily from an obligation to pay a sum of money.
15. Applicable law - Disputes
These General Conditions of Sale are governed and interpreted in accordance with French law. The language of this contract is French.
In the event of a dispute, the French courts will have sole jurisdiction. However, in application of Regulation EC 593/2008 of June 17, 2008, these GTCS do not constitute an obstacle to the application of a provision more favorable to the Customer, from which it cannot be waived by agreement, and this by virtue of the law of the country where the Customer has his habitual residence.
In the event of a dispute relating to the application and / or interpretation of these general conditions of sale, the Customer has the option of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with ordinance n ° 2015-1033 of August 20, 2015 and the implementing decree n ° 2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to article L.612-2 of the Consumer Code may be the subject of an amicable settlement by mediation with the CMAP - Center de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Client can (i) complete the form on the CMAP website: www.cmap.fr "you are: a consumer" tab (ii) send your request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to Consommation@cmap.fr. Whatever the means used to enter the CMAP, the Customer's request must contain the following elements to be processed quickly: his postal, email and telephone contact details as well as the full name and address of CLAIRE DARTIGUES, a brief statement of the facts, and proof of the preliminary steps with CLAIRE DARTIGUES
Notwithstanding the foregoing, in the event of a dispute, and in accordance with to Regulation n ° 1215/2012 of December 12, 2012:
- the Customer can seize either the court of his domicile, or the French courts,
- CLAIRE DARTIGUES may apply to the court for the place of the Client's domicile.