General conditions of sale

1. PURPOSE

These General Terms and Conditions of Sale define the rights and obligations of CHARLIE PARIS and the Customer for products presented by CHARLIE PARIS on its website www.charlie-paris.com (hereinafter "the Website"). They apply exclusively between CHARLIE WATCH COMPANY SAS, with a capital of 4000 €, registered under number 80252751500018 RCS, whose registered office is located at 53 rue Saint André des Arts, 75006 Paris, France (hereinafter "CHARLIE PARIS") and any individual consumer visiting or making a purchase via the said Website (hereinafter "the Customer").

On the Website, CHARLIE PARIS allows the Customer to order CHARLIE PARIS brand products online (hereinafter "the Product(s)") in accordance with these general conditions. Any order placed with CHARLIE PARIS therefore implies the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without prior notice by CHARLIE PARIS, the applicable conditions being those in force on the date of the Customer's order.

2. PRODUCTS AND COMPLIANCE

2.1. The Products offered for sale are presented on the CHARLIE PARIS website and accompanied by a description.

2.2. The Products offered by CHARLIE PARIS comply with the applicable standards in France.

Elements such as photographs, texts, graphics, as well as all information and characteristics illustrating and/or accompanying the Products are non-contractual, as the Customer acknowledges.

Consequently, CHARLIE PARIS cannot be held liable for any error or omission in any of these elements or in the event of modification of said elements by suppliers and/or publishers.

3. CLIENT OBLIGATIONS

3.1. The Client declares to be at least 18 years old and to have the legal capacity or parental authorization to place an order on the Website.

3.2. The Client undertakes to provide CHARLIE PARIS with the real and necessary information for the performance of the service covered by these conditions, as requested online and according to their situation, including their valid first name, last name, address, telephone number, and e-mail.

The Client is responsible for the consequences arising from false or inaccurate information transmitted or whose use would be unlawful.

3.3. Once the order has been placed, CHARLIE PARIS sends the Client an e-mail confirming it. It informs them of the shipment of the Products.

3.4. The Client can modify their data in the "my account" section.

4. ORDER

4.1. Any order will only be validated after payment has been accepted.

4.2. CHARLIE PARIS reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.

4.3. CHARLIE PARIS can accept orders within the limits of available stock. It informs the Customer of the availability of Products sold on the Site at the time of order confirmation.

If, despite CHARLIE PARIS's vigilance, the Products are unavailable, CHARLIE PARIS will inform the Customer by e-mail as soon as possible. The Customer may then cancel their order and be reimbursed, if applicable, for any sums already paid.

Final or temporary unavailability shall in no case engage CHARLIE PARIS's liability, nor shall it give rise to any right to compensation or damages in favor of the Customer.

5. PRICES

5.1. The prices displayed on the Website are in euros, all taxes included, for deliveries within the European Union. For deliveries outside the European Union, the prices indicated also include all applicable customs duties and import taxes; these costs are fully borne and paid in advance by CHARLIE PARIS. No additional fees will be requested from the Customer upon delivery.

Shipping costs will be indicated in the Customer's cart before final order confirmation.

Prices may be changed at any time, without prior notice, particularly in the event of changes in tax or economic data. Items will be invoiced based on the rates in effect at the time the order is placed.

6. DELIVERY

6.1. CHARLIE PARIS delivers its Products in Metropolitan France, including Corsica, in Europe, and in countries outside the European Union.

For deliveries outside the European Union, shipments are made on a Delivery Duty Paid (DDP) basis: CHARLIE PARIS handles customs formalities and pays all duties and taxes. Products are shipped with the delivery note, to the delivery address indicated by the Customer during their order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the website are indicative, corresponding to average processing and delivery times. To ensure these times are met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, stair number, access codes, intercom names and/or numbers, etc.).

In case of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of their order.

If the item was shipped before receipt of the order cancellation for a delivery delay of more than 7 days, CHARLIE PARIS will refund the item and shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.

CHARLIE PARIS undertakes to inform the Customer of the progress of their order processing.

In case of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and CHARLIE PARIS, by all means, of any reservations within 10 days of receiving the product.

7. PAYMENT

Full payment must be made upon order. Under no circumstances may the sums paid be considered as deposits or down payments. The Customer pays for their order by credit card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article.

For each transaction, the Customer will provide the number on the front of their card, the expiry date of their card, and the security code on the back of their card (the last three digits).

The Customer’s provision of their credit card number constitutes authorization for CHARLIE PARIS to debit their account for the amount of their order.

No cash on delivery shipments will be accepted, regardless of the reason.

CHARLIE PARIS retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by CHARLIE PARIS are 100% secure. For credit card payments (carte bleue, carte bleue visa and e-carte bleue), Société Générale is responsible for securing payments. All information that Customers provide to CHARLIE PARIS is strictly protected and guarantees the compliance and security of each transaction.

8. PRODUCT EXCHANGES AND RETURNS

RIGHT OF WITHDRAWAL

You have thirty days from the receipt of your order to inform us of your wish to return all or part of your order. If this period normally expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

• To return a product, the Customer must first make a return request by email to bonjour@charlie-paris.com.
• Returns or exchanges are at the Customer's expense. The Product must be returned within thirty days in its original packaging, in its original, new condition.
• If the item is not returned by the Customer within thirty days of receiving the shipping label, the return is considered canceled, and the Customer must keep the product.
• The returned Product will be refunded within a maximum of thirty days from its receipt by CHARLIE PARIS, by crediting the amount to be refunded to the Customer's bank account.

If the Customer fails to comply with these conditions, particularly the return or exchange conditions, CHARLIE PARIS will not be able to refund the Products concerned.

9. WARRANTIES AND LIABILITY

CHARLIE PARIS is only bound by an obligation of means for all stages of website access, from the order process to parcel shipment or subsequent services. CHARLIE PARIS cannot be held liable for any inconvenience or damage inherent in the use of the internet network, including service interruption, external intrusion, or the presence of computer viruses, or any event deemed force majeure, in accordance with law and jurisprudence.

10. INTELLECTUAL PROPERTY

Under no circumstances is the Client authorized to download or modify all or part of the Site, including its content (listed products, descriptions, images, videos, etc.).

This Site or any part of this Site may not be reproduced, copied, sold, or exploited for commercial purposes without the express written permission of CHARLIE PARIS.

In general, all copyrights, trademarks, and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and exclusive property of CHARLIE PARIS.

The Client is therefore bound to respect intellectual property rights and may not under any circumstances use the trademarks appearing on the Site and on the Products, if applicable, or register any trademark that would prejudice the rights holder, unless otherwise stipulated in a contract.

The same applies to any other intellectual property right.

11. WARRANTIES AND LIABILITY

CHARLIE PARIS undertakes to use Clients' confidential information only within the scope of its Website's operation.

For the proper processing of orders, the personal data collected will be processed electronically, and the Client acknowledges having been informed of this.

As such, information concerning the Client may be communicated to CHARLIE PARIS's technical service providers.

Furthermore, CHARLIE PARIS may use technical means to obtain non-personal information about internet users, intended to improve the website's functionalities, for example, by tracking the number of visitors on certain pages.

In accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, the Client has the right to access and rectify personal data concerning them that is contained in CHARLIE PARIS's files.

Any request must be sent by e-mail to: bonjour@charlie-paris.com

12. FORCE MAJEURE

In the event of a force majeure occurrence, the affected party must inform the other party within fifteen (15) days of the event's occurrence, by registered letter with acknowledgement of receipt.

Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by French courts and tribunals, are total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrections, wars, bad weather, epidemics, blockage of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, computer failures, telecommunications blackouts, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.

If the force majeure event lasts for more than three (3) months, the affected contract may be terminated automatically without compensation for either party.

13. GENERAL PROVISIONS

13.1. Partial invalidity of a clause

If any of the stipulations of these conditions is declared null or unenforceable by a competent court, it shall be deemed unwritten and shall not invalidate the other stipulations.

13.2. Updates

These general conditions may be modified at any time and without prior notice by CHARLIE PARIS, the applicable conditions being those in force on the date of the Client's order.

13.3. Applicable Law – Competent Court

These general conditions are subject to French law regarding both substantive and procedural rules. Any dispute must first be subject to an amicable settlement attempt.

In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or third-party claims.

13.4. Reproduction of applicable texts (Ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code)

Art. L. 211-4. of the Consumer Code

The seller is bound to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for defects of conformity resulting from the packaging, assembly instructions, or installation when the latter was made their responsibility by the contract or was carried out under their responsibility.

Art. L. 211-5. of the Consumer Code

To conform to the contract, the goods must:

• Be fit for the purpose usually expected of similar goods and, where applicable.
• Correspond to the description given by the seller and possess the qualities that the seller presented to the Client in the form of a sample or model.
• Present the qualities that a Client can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.
• Present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Client, brought to the seller's attention, and accepted by the latter.

Art. L. 211-12. of the Consumer Code

The action resulting from a lack of conformity lapses two years after the delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or that diminish this use so much that the Client would not have acquired it, or would have given a lower price for it, had they known about them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory vices must be brought by the purchaser within two years from the discovery of the defect.

14. THE COMPANY AND HOSTING PROVIDER

• Company Name: Charlie Watch Company SAS
• Legal Form: SAS
• RCS Number: 802527515
• Intracommunity VAT Number: FR71802527515
• Share Capital: €4,000
• Registered Office Address: 53 rue saint André des Arts, 75006 Paris
• Contact: bonjour@charlie-paris.com
• President: Ambroise Parlos
• Publication Director: Adrien Sangle Férrière
• Website Host: OVH
• Host Address: 2 rue Kellermann, 59100 Roubaix
• Host Contact: contact@ovh.com

15. Charlie Paris SMS Marketing Consent and Opt-Out Policy

By consenting to Charlie Paris's SMS marketing in your order checkout and initializing a purchase or subscription via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on a Do Not Call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message (SMS) we send you or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using words or alternative requests, will not be considered a reasonable method of opting out. We do not charge for the service, but you are responsible for all charges related to text messages imposed by your wireless carrier. Message and data rates may apply.

For any questions, please text HELP to the number from which you received the messages. For more information, contact us at bonjour@charlie-paris.com. We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified in such cases. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received and that we will not be responsible for fulfilling requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failures, delays, or misdeliveries of any information sent through the service, errors in such information, and/or any action you may or may not take based on this information or the service. Your right to privacy is important to us.

16. Telephone Solicitation Opt-out List

In accordance with Article L.223-2 of the Consumer Code, customers have the option to register on telephone solicitation opt-out lists.

17. Disputes

Any dispute must first be the subject of an attempt at amicable settlement.

In the event of a dispute arising from an order in accordance with these GTC, the Customer must send their complaints in writing to CHARLIE PARIS, by email to bonjour@charlie-paris.com or by mail to CHARLIE PARIS's registered office, 53 rue saint andré des arts, 75006 Paris.

If the dispute is not resolved after this complaint, the Customer has the option of opting for an alternative dispute resolution method. The Customer has the right to use a consumer mediator free of charge for an amicable resolution of the dispute with CHARLIE PARIS.

The Customer can send their request by mail to the Centre de la Médiation de la Consommation de Conciliateurs de Justice, at the following address: CM2C - 49 Rue de Ponthieu, 75008 Paris, France, or by email to contact@cm2c.net. They can also submit their request online on the website www.cm2c.net. For more information on the mediation procedure, the Customer can consult the CM2C website (http://www.cm2c.net).

You can consult our privacy policy.