General conditions of sales
General sales conditions
Chantal B, (simplified joint -stock company registered with the RCS de Marseille under n ° 753 610 781 and whose intra -community VAT number is FR05753610781, whose head office is located 1 avenue de l'Argility, MIF68, 13016 MARSEILLE ) Markes clothes, shoes, jewelry, leather goods and accessories. It can be attached by phone (06 51 87 03 55), by email (email@example.com) or by clicking on the contact form accessible via the site's home page.
Below the "seller" or the "company".
And the natural person purchasing the company's products, as consumer
Below, "the buyer", or "the customer"
On the other hand,
He was exposed and agreed:
The seller markets clothes, shoes, jewelry, leather goods and accessories (hereinafter the products) exclusively for consumers, marketed through its websites (http://chantal-b.com/).
Article 1: object
These general conditions of sale determine the rights and obligations of the parties as part of the online sale of products offered by the seller to the Customer.
Article 2: General provisions
These General Conditions of Sale (GTC) apply to all product sales, carried out through the websites of the company which are an integral part of the contract between the buyer and the seller.
The seller reserves the right to modify these, at any time by the publication of a new version on its website. The GTC applicable then are those in force on the date of payment (or first payment in the event of multiple payments) of the order.
These CGVs are subject to the Customer and must be accepted by him before any placing the order. The CGV can also be viewed on the company's website at the following address: http://chantal-b.com/conditions-generales-des-ventes/.
The company also ensures that their acceptance is clear and unreservedly by setting up a check box and a validation click before any placing an order.
The Customer declares that they have read all these general conditions of sale, and if necessary the special conditions of sale linked to a product, and accept them without restriction or reserve.
The Customer acknowledges that he has benefited from the necessary advice and information in order to ensure the adequacy of his order to his needs.
The Customer declares that they are able to contract legally under French laws or validly represent the natural person for whom he is committed.
Unless otherwise stated the information recorded by the company constitutes proof of all transactions concluded with the customer.
Article 3: Price
3.1 The prices of products sold through websites are indicated in euros all taxes included on the pages of description of the products. The prices take into account any reductions which would be granted by the seller.
The specific shipping costs are specified in the summary of the order before its validation by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the seller and awarded to the customer during the delivery of the products ordered.
3.2 Customs duties or other local taxes or import rights or state taxes are likely to be due in certain cases. These rights and sums do not fall within the seller's spring. They will be borne by the buyer and fall under his responsibility (declarations, payment to the competent authorities, etc.). The seller invites as such the buyer to inquire about these aspects with the corresponding local authorities.
The company reserves the right to modify its prices at any time for the future.
The telecommunications costs necessary to access the company's websites are the responsibility of the customer.
Article 4: Conclusion of the online contract and placing the order
4.1 The customer must follow a series of steps specific to each product offered by the seller to be able to carry out his order ("order"). However, the stages described below are systematic:
• Information on the essential characteristics of the product;
• choice of product, if necessary of its options;
• Creation of a customer account by indicating the essential data of the customer (identification, address, email address, telephone, etc.) or connection to the customer account if it is already created;
• Acceptance by the Customer of these General Conditions of Sale by checking the box provided for this purpose;
• Verification by the customer of the elements of the order and, if necessary, correction of errors;
• Confirmation of the order ;
• Monitoring of instructions for payment, and payment of the order.
The Customer will then receive confirmation by email from the payment of the order, as well as an acknowledgment of receipt of the order confirming it.
The sale is only final after sending the Customer to confirm the acceptance of the order by the seller by email, who must be sent without delay and after collection by the price under the conditions provided in article 8 of the present.
4.2 Excluding the exercise of the right of withdrawal according to the methods appearing in article 9 of these or termination for delay in delivery under the conditions of article 6 of these, the Customer is not authorized to cancel their order. Likewise, once confirmed and accepted by the seller, under the above conditions, the Customer cannot modify his order.
4.3 The seller undertakes to honor the customer's order within the limits of the stocks of products available only. Otherwise, the seller informs the customer according to the terms set out in article 7 of the GTC.
4.4 This contractual information is presented in detail and in French.
4.5 The Seller reserves the right to refuse the order, for example in the event that there is a dispute relating to the payment of a previous order, for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Customer information on products and services and order
The essential characteristics of the products and their respective prices are made available to the buyer on the company's websites, in the seller's product sheets.
The Customer attests to have received a detail of the deadlines and delivery costs as well as the terms of payment, delivery and execution of the contract.
The validity of the product supply and their prices is specified on the company's websites.
Unless special conditions, the rights granted for these are only in the natural person signatory to the order.
Article 6: Delivery terms
6.1 The products are delivered to the delivery address which was indicated when taking the order by the customer. For the purposes of proper realization of the order, and in accordance with article 1316-1 of the civil code, the Customer undertakes to provide its truthful identification elements. SAFETY CASE or unavailability of one or more products, the products ordered will be issued in one go.
A writing is left to the customer when entering possession of the property, mentioning the possibility of formulating reservations, in particular in the event of a defect of the property.
6.2 The seller undertakes to make his best efforts to deliver the products ordered within the deadlines specified when taking the order.
If the products ordered were not issued after the date initially mentioned, for any other cause than force majeure, the fact of the customer or the unpredictable and insurmountable fact of a third party, the customer may notify the seller, under the conditions provided for in article L 216-6 of the Consumer Code:
- either the suspension of payment of all or part of the price until the seller runs, under the conditions provided for in articles 1219 and 1220 Civil Code (exception of non -performance),
- either the resolution of the sale, after having put the seller of formal notice to execute within an additional reasonable period not respected by the seller.
The resolution may be immediate if the seller refuses to execute or if it is obvious that it will not be able to issue the products or if the delivery period not respected constituted, for the customer, an essential condition of the sale.
In the event of resolution of the sale, the sums paid by the customer will then be returned to him at the latest within fourteen days of the date of denunciation of the contract, excluding any compensation or deduction. The seller supports the risk of transport and is required to reimburse the customer in the event of damage caused during transport.
6.3 Deliveries are provided by an independent carrier, to the address mentioned by the customer when ordering and at which the carrier can easily access.
6.4 The seller provides a telephone contact point (cost of a local communication from a fixed position) indicated in the order confirmation email to ensure the monitoring of the order.
6.5 The seller recalls that when the customer takes possession of products physically, the risks of loss or damage to the products is transferred to him. It is up to the customer to notify the carrier any reservations on the product delivered.
Article 7: Availability and presentation
Orders will be processed within the limits of available stocks or subject to stocks available at the company's suppliers.
In the event of unavailability of a product for a period of more than 5 working days, the Customer is immediately warned of the predictable delivery deadlines and the order of this item may be canceled on request.
The Customer may then request a credit for the amount of the item or his refund.
Article 8: Payment methods
8.1 Payment is due immediately and counting on the day of the order.
The customer can make the settlement:
-by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by the seller's payment service provider.
- by Paypal.
Banking information transmitted is encrypted in the rules of the art.
Once the payment is ordered by the customer, the transaction is immediately debited after verifying the information. In accordance with article L. 132-2 of the monetary and financial code, the commitment to pay by card is irrevocable. By communicating his bank information during the sale, the Customer authorizes the seller to debit his card of the amount relating to the price indicated.
The Customer confirms that he is the legal holder of the card to be debit and that he is legally entitled to use it.
In the event of an error, or impossible to debit the card, the sale is immediately resolved and the order canceled.
8.2 Notwithstanding article 8.1, the customer has the possibility of paying the price in several times (2, 3 or 4 times) at no cost, thanks to the credit services offered by a third -party partner called Alma. The realization of payment as well as its security is then directly provided by Alma.
The customer must first accept the general conditions of use of Alma.
For all questions relating to the use of Alma services, the customer can consult this page: https://help.almapay.com/hc/fr/categories/360001414839
By application of article L312-46 of the Consumer Code, the company recognizes accepting the credit contract concluded between the customer and Alma for the execution of these.
In the event that Alma accepts the granting of credit to the Customer, the price amount is directly paid to the seller.
Any refusal or termination of the credit contract by Alma will lead to the cancellation or termination of the order, except in the event that the customer pays the order.
ARTICLE 9: Contracting time
9.1 Right of withdrawal: The Customer in his capacity as consumer, has the right to withdraw from this contract without giving a reason or paying a penalty within 14 days from the day when the Customer, or a third party other than the carrier and appointed by him, physically takes possession of the products.
To exercise the right of withdrawal, the customer must notify the company Chantal B, (1 avenue de l'Argility, MIF68, 13016 Marseille, firstname.lastname@example.org, 06 51 87 03 55) His names, address, number of telephone and email address, its decision to withdraw from this contract by means of a declaration devoid of ambiguity (for example, letter sent by post or email). The customer can use the withdrawal form model appearing in the CGV annex but it is not compulsory. In order for the withdrawal period to be respected, it is enough that the customer transmitted his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
9.2 Effects of withdrawal: In the event of withdrawal exercised by the Customer, the seller reimburses all the payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the customer chose, the case Based on, a delivery method other than the less expensive standard delivery mode offered by the seller) without excessive delay and, in any event, at the latest 14 days from the day the seller is informed of the decision to withdraw of this contract. The seller will reimburse using the same means of payment as that which the customer used for the initial transaction, unless the customer expressly agrees with a different means; In any event, this reimbursement will not cause costs for the customer. The seller may defer refund until he has received the property or until the customer has provided proof of shipment of the property, the date chosen being that of the first of these facts.
The customer must return or return the property, to the seller without excessive delay and, in any event, at the latest fourteen days after the customer has communicated his decision to withdraw from this contract. This period is deemed to be respected if the customer returns the good before the expiration of the period of fourteen days.
The Customer must cover the direct costs of referring the property.
The customer's responsibility is only engaged in regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of this property.
Article 10: Guarantees
The products sold on the seller's websites comply with the regulations in force in France.
The products provided by the seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for apparently defective, damaged or damaged products or not corresponding to the order,
- the legal guarantee against hidden defects from a lack of material, design or manufacturing affecting the products delivered and making them unfit for use,
The Customer, as a consumer has two years from the issuance of the property to obtain the implementation of the legal guarantee of compliance in the event of the appearance of a lack of conformity. During this period, the consumer is not required to establish that the existence of the lack of conformity and not the date of appearance of it. The legal guarantee of conformity gives the right consumer to the repair or replacement of the property Within thirty days of his request, at no cost and without major drawbacks for him. If the property is repaired in the context of the legal guarantee of conformity, the consumer benefits from an extension of six months of the initial warranty. If the consumer requests the repair of the property, but that the seller imposes replacement, the legal warranty compliance is renewed for a period of two years from the date of replacement of the property. Consumer can obtain a reduction in the purchase price by retaining the property or ending the contract by being reimbursed in full against restitution of the property, If: 1 ° The professional refuses to repair or replace the property; 2 ° the repair or replacement of the property comes after a period of thirty days; 3 ° the repair or replacement of the property causes a major drawback for the consumer, in particular When the consumer permanently supports the costs of recovery or removal of non-compliant property, or if he bans the installation costs of the repaired property or replacement; 4 ° The non-compliance of the property persists despite the attempt to compliance with the seller that has remained unsuccessful. Consumer is also entitled to a reduction in the price of the property or the resolution of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the resolution of the contract is immediate . The consumer is not required to request the repair or replacement of the property beforehand. The consumer is not entitled to the resolution of the sale if the lack of conformity is minor. From its repair or replacement suspended the guarantee which remained to run to the issuance of the rehabilitation property. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer code. The seller who hinders bad faith in the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10 % of the figure 'Average annual affairs (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the property is kept or to a full refund against restitution of the property.
Article 10: Exclusion of guarantees.
The seller's responsibility cannot be engaged in case of improper use, from use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the case of normal product, or force majeure.
Article 11: Intellectual property rights
Brands, domain names, products, software, images, videos, texts or more generally any information object of intellectual property rights reproduced on the websites of the company as well as the products sold through these sites are and remain the property exclusive of the seller.
Any total or partial reproduction, modification or use of these for any reason whatsoever is strictly prohibited.
No sale of intellectual property rights is carried out through these GTCs and the sale of products.
Article 12: force majeure
The execution of the seller's obligations at the end of these presents is suspended in the event of a fortuitous case or force majeure which would prevent the execution.
The seller will advise the customer from the occurrence of such an event as soon as possible.
Article 13: Nullity and modification of the contract
If one of the stipulations of this contract was canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties.
Any contractual modification is only valid after a written and signed agreement from the parties.
Article 14: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978 modified by law n ° 2018-493 of June 20, 2018, the Customer is informed that he has the rights of questioning, access, modification, opposition, rectification, portability and limitation of processing on personal data concerning it. To exercise their rights, the Customer may contact the following postal or email controller in writing: Chantal B 1 Avenue de l'Argility, MIF68, 13016 Marseille, email@example.com.
By joining these general conditions of sale, the Customer agrees that the seller collects and uses the following personal data: his names, first names, address, email, telephone number for the execution of this contract and in particular on the issue of invoices.
These data can be communicated to any partners of the seller responsible for the execution, processing, management and payment of orders. Apart from these cases, the seller prohibits selling, renting or giving access to third parties to data without having obtained the customer's prior consent, unless they are forced due to a legitimate reason.
The data is collected in that it is essential for the processing of the customer's order and is also processed for the development of statistics, the improvement of services and archiving for probationary purposes. These personal data is also kept by the seller in order to comply with his legal and regulatory obligations.
Personal data is kept for a period of 3 years from the end of the commercial relationship with the customer. Without prejudice to the preceding paragraph, the personal data necessary for the demonstration of the proper execution of the contract are kept for probationary and archiving for a minimum duration of 10 years from the end of the accounting exercise of the seller .
Personal data is saved in the seller's customer file.
The processing of information communicated through the seller's websites meets the legal requirements for personal data protection, the information system used ensuring optimal protection of this data.
By entering its email address on one of the sites of our network, the customer will receive emails containing information and promotional offers concerning products published by the company. The customer can unsubscribe at any time. It is enough for him to click on the link present at the end of the seller's emails or to contact the controller (the company) by letter RAR.
The seller performs at all of his sites a follow -up of attendance. For this, we use tools such as Google Analytics.
In the event of a dispute, the seller can send a complaint to the CNIL, to the address: 3 place de Fontenoy - TSA 80715 - 75334 Paris Cedex 07.
Article 15 - Disputes
15.1 Any dispute arising from this contract concerning in particular its validity, its interpretation, its execution, its resolution and its consequences and which could not have been resolved amicably between the parties will be submitted to the competent courts under the conditions of common law .
15.2 In the event of failure in the resolution of a complaint addressed to the seller, the Customer, in his capacity as consumer, can freely subject the dispute to the services of the consumption mediator.
To submit his mediation request, the Customer is invited to fill out the claim form accessible on the mediator's website http://cnpm-mediation-consommation.eu, or send your request by simple or recommended mail to the address: CNPM - Mediation - Consumption, 27 avenue de la Liberation 42400 Saint -Chamond. The Customer must specify his postal, email and telephone contact details as well as the full provider's contact details, a brief presentation of the prerequisite facts and procedures of resolution. The customer remains free to accept or refuse the use of mediation as well as the solution possibly proposed by the mediator.
The customer is also informed of his possibility of using the online dispute resolution platform (RLL) made available by the European Commission and accessible to the address: https://ec.europa.eu/consumers/odr/ Main/index.cfm? Event = hand.home2.show & lng = fr
Article 16: Applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sales operations referred to in it, will be subject to French law.
Article 17: Pre -contractual information
The Customer acknowledges having been informed by the seller in a readable and understandable manner, by means of the provision of these general conditions of sale, prior to the placing of the order and in accordance with the provisions of article L 221-5 of the code consumption:
- essential characteristics of the products allowing him to acquire the products with full knowledge of the facts,
- Product price;
- terms of payment, delivery and execution of the sales contract;
- deadlines for issuing ordered productions;
- the seller's identity and all of his contact details;
- the existence and procedures for implementing guarantees (the legal guarantee of conformity, guarantee of hidden defects);
- the possibility of using a consumption mediator, whose coordinates appear in these general conditions of sale,
- the right of withdrawal (existence, conditions, deadline, methods of exercising this right and type of withdrawal), the terms of termination, the processing of complaints and;
- accepted means of payment.
Annnex - withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of Chantal B 1 avenue de l'Argility, MIF68, 13016 Marseille, firstname.lastname@example.org:
I/We (*) notify you/Notify (*) by this MA/Our (*) Contract of the contract relating to the sale of the property (*)/For the provision of services (*) below:
Ordered the (*)/Received (*): ……………………………………………………………………………………
Name of Consumer (s): ……………………………………………………………………
Address of Consumer (s):: ………………………………………………………………
Signature of the Consumer (s):: ………………………………………………………………………
Date : :………………………………………………………………………………………………
(*) Strip the unnecessary mention.