The present general conditions of sale are intended to define the rights and obligations of CHARLIE PARIS and the Customer of products presented by CHARLIE PARIS on its site www.charlie-paris.com (hereinafter " The Site "). They apply exclusively between CHARLIE WATCH COMPANY SAS to the capital of 4000 € registered under number 80252751500018 RCS, whose head office is located at 106 bis rue de Rennes, 75006 Paris, France (hereinafter " CHARLIE BETS ") And any consumer who visits or makes a purchase via the said Site (hereinafter ' The Customer ")FILE.
On the Site, CHARLIE PARIS allows the Customer to order online products of the mark CHARLIE PARIS (hereinafter " The Product (s) ") According to the present general conditions. Any order made to CHARLIE PARIS thus leads to the acceptance without reservation by the Customer of these conditions. The present general conditions may be modified at any time without notice by CHARLIE PARIS, the conditions applicable being those in force on the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the site of CHARLIE PARIS with a description.
2.2. The Products offered by CHARLIE PARIS conform to the standards applicable in France.
Elements such as photographs, texts, graphics and all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Accordingly, CHARLIE PARIS cannot incur any liability in the event of error or omission of any of these elements or in the event of any modification of the said elements by suppliers and/or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Customer declares to be at least 18 years of age and to have the legal capacity or to hold a parental authorisation allowing him to place an order on the Site.
3.2. The Customer undertakes to communicate to CHARLIE PARIS the elements of information real and necessary for the realization of the performance subject to the present conditions as requested online and according to his situation, including his name, first name, address, telephone and valid e-mail.
The Customer is responsible for the consequences arising from information transmitted false or inaccurate or whose recovery is unlawful.
3.3. Once the order is placed, CHARLIE PARIS sends to the Customer an e-mail confirming it. He informs him of the sending of the Products.
3.4. The Customer can modify its data under " My account."
4.1. Any order will be validated only after acceptance of payment.
4.2. CHARLIE PARIS reserves the right to cancel or refuse an order in case of dispute with the Customer on an earlier order.
4.3. CHARLIE PARIS can accept orders within the limit of available stocks. It informs the Customer of the availability of Products sold on the Site at the time of the confirmation of the order.
If, despite the vigilance of CHARLIE PARIS, the Products are unavailable, CHARLIE PARIS will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel his order and be reimbursed, if necessary, the sums already paid.
The final or temporary unavailability cannot in any case incur the liability of CHARLIE PARIS, nor can it open any right to compensation or damages in favour of the Customer.
5.1. The prices displayed on the Site are indicated in euros all French taxes included (French VAT and other applicable taxes).
The shipping costs will be indicated in the cart of the Customer, before the final validation of the order.
Prices may be changed at any time, without notice and in particular in the event of a change in tax or economic data. The items will be invoiced on the basis of the rates in effect at the time of registration of the order.
6.1. CHARLIE PARIS Book its products in Metropolitan France, Corsica included, in Europe, and in the countries outside the European Union.
The products are shipped with the delivery order, to the delivery address indicated by the Customer at the time of his order. Delivery cannot be made either in hotels or in post boxes. The delivery times indicated on the site are indicative deadlines, corresponding to the average processing and delivery times. In order to ensure that these deadlines are met, the Customer must ensure that he has communicated accurate and complete information concerning the delivery address (such as: street number, building, staircase, access codes, names and/or interphone numbers, etc.).
In case of delivery delay of more than 7 working days, if the product has not been shipped, the Customer may denounce the order by registered letter with notice of receipt and ask for the refund of his order.
If the item was shipped before the cancellation of the order for delivery delay of more than 7 days, CHARLIE PARIS H will refund the item and the shipping and return costs, upon receipt of it, complete, in its original state and with all the labels.
CHARLIE PARIS undertakes to inform the Customer of the evolution of the processing of its order.
In case of damaged packages (already open, missing products ...), the Customer undertakes to notify the carrier and to CHARLIE PARIS, by any means, all reservations within 10 days of receipt of the product.
The entire payment must be made during the order. At no time will the payments be considered as deposits or installments. The Customer pays his order by credit card (Visa, Eurocard/Mastercard) in accordance with the provisions of this Article.
For all transactions, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (the last three digits).
The Customer's communication of his credit card number is valid for CHARLIE PARIS to debit his account due to the amount of his order.
No refunding will be accepted, regardless of the reason.
CHARLIE PARIS retains ownership of the item until full payment is made by the Customer. Purchases are made in a secure manner. The payment solutions adopted by CHARLIE WATCH are 100 % secure. For payments by credit card (blue card, blue card and blue card), Société Générale is responsible for making payments secure. All information that Clients communicate to CHARLIE WATCH is strictly protected and ensures compliance and security of each transaction.
8. PRODUCT RETURNS AND EXCHANGES
RIGHT OF WITHDRAWAL
You have a period of fifteen (24) days following the receipt of your order to inform us of your wish to return part or all of your order. If this period normally expires on a Saturday, Sunday or holiday, it is extended until the next 1st working day.
To return a product, the Customer must first make a request to return by email to firstname.lastname@example.org.
The return or exchange is at the expense of the Customer. The Product must be returned within fourteen days in its original packaging, in its original condition, nine.
If the article is not returned by the Customer within fourteen days after receipt of the postage label, the return is considered cancelled and the Customer must keep the product.
The returned Product will be refunded within a maximum period of fourteen (14) days from its receipt by CHARLIE PARIS, by credit of the amount to be refunded on the bank account of the Customer.
In the absence of compliance by the Customer with these conditions, in particular the conditions of return or exchange, CHARLIE PARIS will not be able to refund the Products concerned.
9. GUARANTEES AND LIABILITY
CHARLIE PARIS has, for all the stages of access to the site, the ordering process to the shipment of the package or the later services, than an obligation of medium. The liability of CHARLIE PARIS cannot be incurred for any inconvenience or damage inherent in the use of the Internet, in particular a breach of service, an external intrusion or the presence of computer viruses, or of any act qualified as force majeure, in accordance with the law and the case-law.
10. INTELLECTUAL PROPERTY
In no case is the Customer authorized to download or modify all or part of the Site and in particular its contents (listed products, descriptions, images, videos ...).
This Site or any part of this Site must in no case be reproduced, copied, sold or exploited for commercial reasons without the express written permission of CHARLIE PARIS.
In general, all copyrights, trademarks and other distinctive signs and rights of ownership or intellectual property appearing on the Site will remain the full property of CHARLIE PARIS.
The Customer is therefore bound to respect the intellectual property rights and will not be able to use the marks appearing on the Site and on the Products, if any, or to file a trademark that would be prejudicial to the owner of the rights, unless otherwise provided by contract.
The same applies to any other intellectual property right.
11. GUARANTEES AND LIABILITY
CHARLIE PARIS undertakes to use the confidential information of the Customers only in the context of the exploitation of its Site.
For the smooth running of the order, the personal data collected will be the subject of a computer processing, the Customer acknowledges having knowledge of it.
As such, the information concerning it can be communicated to technical providers of CHARLIE PARIS.
Furthermore, CHARLIE PARIS will be able to apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionalities of the site, for example by tracking the number of visitors on certain pages.
In accordance with the law of 6 January 1978 amended by the law of 6 August 2004, the Customer has a right of access and rectification of the personal data concerning him in the files of CHARLIE PARIS. Any request should be sent by e-mail to: email@example.com.
12. FORCE MAJEURE
In the event of an event of force majeure, the party concerned shall inform the other party within fifteen (15) days from the occurrence of the event, by registered letter with acknowledgement of receipt.
In addition to those normally considered by the case-law of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial or commercial actions, civil unrest, insurrection, war, sudden outbreak, epidemic, blocking of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal amendments or Regulation of forms of marketing, computer failure, blocking of telecommunications, including wireline or microwave telecommunications networks, and any other case independent of the will of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the event of force majeure is prolonged for more than three (3) months, the contract concerned may be terminated automatically without compensation for any of the parties.
13. GENERAL PROVISIONS
13.1. Partial Not Validity of Clause
If any of the provisions of these Conditions is declared invalid or unenforceable by a competent court, it shall be declared unwritten and shall not entail the nullity of the other provisions.
The present general conditions may be modified at any time without notice by CHARLIE PARIS, the conditions applicable being those in force on the date of the order by the Customer.
13.3. Applicable Law-Competent Tribunal
The present general conditions are subject to French law in respect of substantive rules such as rules of form. Any dispute shall be the subject of a prior attempt to settle the matter amicably.
In the absence of an amicable settlement, jurisdiction shall be conferred on the competent French courts, notwithstanding a plurality of defendants or call for security.
13.4.Reproduction of Applicable Texts (Order 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Article L. 211-4. Of the Consumer Code
The seller is required to deliver a good in accordance with the contract and meets the compliance deficiencies that exist at the time of issue. It also responds to defects of conformity resulting from the packaging, installation instructions or installation when it has been carried out by the contract or has been carried out under its responsibility.
Article L. 211-5. Of the Consumer Code
- To comply with the contract, the property must:
1 ° Be specific to the usual expected use of a similar good and, if applicable:
- Correspond to the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or a model;
- Present the qualities that a Customer can legitimately expect from the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° Either present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the Customer, brought to the knowledge of the seller and that the latter has accepted.
Article L. 211-12. Of the Consumer Code
The action resulting from the failure to comply shall be prescribed in two years from the date of the grant of the property.
Article 1641 of the Civil Code
The salesman is bound by the guarantee because of the hidden defects of the thing sold that render it unfit for the intended use, or which diminish so much that use, that the Customer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648 (1) of the Civil Code
The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.