1.SCOPE OF APPLICATION
The present general conditions of sale apply exclusively to current and future commercial relations between:
On the one hand, the company CHARLYCAFE COUTURE
Head office: 164 BOULEVARD DE PLOMBIERES 13014 MARSEILLE
And on the other hand, the customer who is identified as the author of the order on the main online sales space: www.charlycafecouture.com
2. ACCEPTING THE GENERAL CONDITIONS OF SALE
The fact of placing an order online with art-espresso.com implies the client’s full, complete and final acceptance of the present general terms of sale; it is specified that the client has, before the confirmation of the order, a means allowing him to correct or modify his choices. The present general conditions of sale can be modified at any time, provided that these modifications appear on the site.
3.CONDITIONS OF PURCHASE
The buyer guarantees to have full legal capacity to contract the purchase of products offered by charlycafecouture.com, his personal information for identification must be sincere and true. Minors are under the responsibility of their parents or guardian.
The photos representing our products and compositions are not contractual and in no case the responsibility of CHARLYCAFE COUTURE can be engaged. The possible differences of colors, as long as they do not concern the essential characteristics of the products and do not affect their quality, could not justify a cancellation of order or a refusal of delivery.
The offer consists of the products presented online within the limits of available stocks.
The buyer, who wishes to buy a product must
– Fill in the identification form on which he will indicate all the requested details.
– Fill in the online order form giving all the references of the chosen products and their quantity.
– Validate the order after having checked it.
– Make the payment in accordance with the conditions provided.
The confirmation of the order implies acceptance of these terms of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions.
All data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
www.charlycafecouture.com will communicate by e-mail confirmation of the recorded order. The customer will be able to follow the status of his order at any time in his customer area.
6.USERNAME AND PASSWORD
At the time of the first order, the customer must fill out a form to open a customer account.
The username and password are the personal identifiers of connection, are worth proof of identity of the customer and commit him on any order placed through them; they have value of electronic signature in the sense of the texts in force. The customer is solely responsible for his login and password and will bear the consequences that could result from any use by third parties who have knowledge of them.
In case of forgetfulness of his password, the customer has a function on the site allowing him to find his password.
At any time, a function in the customer area allows him to change his password if he wishes.
The price of the products in force is the one appearing on the site at the day of the order.
Our prices are inclusive of all taxes, excluding shipping costs.
Our pricing conditions are indicative and can be modified at any time without notice, however, it is understood that the price listed on the site on the day of the order will be the only one applicable to the customer.
8.TERMS OF PAYMENT
Two payment solutions:
– The secure payment PAYPAL, the payment must be made by credit card (Visa, American Express, Master Card). This secure online payment is completely safe.
The order validated by the customer is considered effective only when our banking establishments have given their agreement for the debit on the customer’s account. In case of refusal of the said establishments, the order is automatically cancelled.
The calculation of shipping costs, at the customer’s expense, is automatic when ordering.
We guarantee the quality and the good condition of all the items we send.
We cannot be held responsible for any damage to the order due to transport or delivery.
In the case of a home delivery:
The delivery will be made to the address indicated at the time of the order of the customer. The information transmitted when placing the order is binding on the customer; in case of error CHARLYCAFE COUTURE will not be held responsible and no compensation or refund in case of loss of the products will be possible.
The customer will have the possibility to follow his parcel, via a code which will be transmitted to him by e-mail as soon as the products are sent.
The packages travel at the risk of the addressees who will have to proceed to the reserves from reception if it is necessary. Upon receipt, the recipient is required to check the condition of the delivered products and to make any claims to the carrier and CHARLYCAFE COUTURE by any mail proving the receipt within 72 hours after the delivery:
In the presence of the deliverer, upon receipt of the packages, the customer must ensure the conformity and the number of packages received.
The receipt of the deliveryman must be signed by the customer only after the verification of the parcels.
In case of dispute, the customer must refuse the package and note on the receipt the missing package or packages, any damage found.
After opening the package(s), in case of non-conformity or apparent defect of the delivered products, the customer has 48 hours from the reception to make a written claim to our services.
The delivery time is, in an indicative way, included between 2 and 3 days according to the mode of delivery (except public holiday and weekend) as from the day of the treatment of the order which will be confirmed by e-mail with the customer. In case of temporary unavailability of the ordered products, the customer will be informed by e-mail and a new delivery date will be proposed.
In case of definitive unavailability of the ordered products, the customer will be informed by e-mail and CHARLYCAFE COUTURE will proceed to the refund of the missing products.
In case of force majeure delaying the delivery time such as a transport strike, CHARLYCAFE COUTURE will not be held responsible and the customer will not be able to demand any compensation for this delay.
11.1 Conditions relative to the state of the products
CHARLYCEFE COUTURE accepts the return of Products in their original condition and if the original purchase invoice and the return authorization number are attached.
However, CHARLYCAFE COUTURE does not accept any returns of perfumes due to restrictions related to the transportation of these goods.
Furthermore, CHARLYCAFE COUTURE does not accept any return of Products that appear to have been used or damaged.
In particular, the blue sole of the shoes is fragile, it must not be marked and must be in its original condition. You should therefore try the shoes on a clean carpet, with the warning sticker protecting the front part of the blue sole until you are sure you want to keep them.
If You return the shoes with a damaged outsole, CHARLYCAFE COUTURE reserves the right to refuse their return or to accept them but deducting from your refund the costs of taking care of and repairing them.
11.2 Product return request
To make a return, you must inform CHARLYCAFE COUTURE of your wish to return the
Product(s) ordered within fourteen (14) days of receiving your Order.
To do so, you may :
– either arrange for the collection of your package on the website in the “My Account” section (or in the “Return” tab
if you placed your order as a guest).
– or contact Customer Service at ………. to receive an authorization number and a pre-printed DHL label by e-mail. You then have fourteen (14) days from the date of cancellation of Your Order to return the Product(s) concerned.
No retraction can be exercised in our physical sales outlets.
13.3 Method of returning the Products
You will not bear the cost of returning the Product(s) if you follow the return instructions included
in the shipping box of your Order.
– The collection of the Product by DHL will be organized at Your convenience between 10:00 am and 5:00 pm from Monday to Friday (excluding public holidays).
– All returned Products must be protected and packaged in their original box and carton and must be accompanied by all accessories present when the package is opened, such as, if applicable, depending on the nature of the Product: the dust cover(s), the replacement toe caps, the sticker placed on the front of the outsole, etc. If not, You will be charged.
– Please print the email with the return authorization number and the DHL label.
– Please place the original box(es) in the shipping carton, the return authorization email sent by CHARLYCAFE COUTURE and the original purchase invoice.
– If the return includes Cosmetic Products (except for perfumes, for which the return is not authorized), stick on the outside of the shipping carton the red EC label provided in the original package.
– Please close the box carefully and hand your box and the DHL label to the DHL carrier on the agreed pick-up day.
You may also arrange for the return shipment with the carrier of your choice, under your responsibility, within fourteen (14) days of notification to Customer Service.
You agree to take particular care in packaging the Product that You are returning. If the returned Product has been damaged due to improper packaging, CHARLYCAFE COUTURE reserves the right to refuse the return or to accept it, but deducting the cost of handling and repair from the amount to be credited back to You.
Upon receipt of the returned Products by You, and provided that the conditions of return are met, CHAELYCAFE COUTURE will notify You by e-mail that the total or partial refund of the amount of Your Order is being processed. A refund will then be made in the same manner as the initial payment. Depending on Your financial institution, the refund may take up to 10 (ten) business days following the email confirmation sent by CHARLYCAFE COUTURE.
12. DEFECTS CHARLYCAFE COUTURE ensures that high quality standards are met without interruption in the manufacture of all Products.
of all Products. Each Product is checked before shipment.
However, if Your product has a defect, please contact Customer Service immediately, and no later than five (5) days following the delivery date, at ……………………
In such a case, You must indicate in Your e-mail the alleged defect and attach all the documents supporting Your request (detailed photos of the Product, date of purchase, Order number, etc.).
After examination of these elements, CHARLYCAFE COUTURE reserves the right to recover the Product in order to carry out a physical expertise.
In the sole case of a recognized defect, CHARLYCAFE COUTURE will either replace the defective Product within the limits of available stocks, or partially or fully reimburse You for the purchase price, depending on the nature of the defect.
CHARLYCAFE COUTURE reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which You are responsible or if it is an imperfection due to the nature of the Product (some products may present small irregularities and/or roughness inherent to their manufacturing process or the material used).
13. LIMITATION OF LIABILITY
Subject to any liability arising from a defect as defined above, CHARLYCAFE COUTURE shall only be liable for damages resulting from gross negligence or intentional misconduct, whether in connection with the conclusion or execution of the Transaction, or in connection with Your use of the Site.
14. PRODUCT CARE
The red lacquer on the soles of the shoes may become damaged with use. This is not a manufacturing defect of the shoes, but a normal wear.
CHARLYCAFE COUTURE strongly recommends that you consult a leather care professional or a shoemaker for specific care advice.
In order to keep Your Products in good condition, it is recommended to perform the following maintenance on all types of leather:
– Clean and dry the leather area with a soft, dry cloth.
– Always store Your Products away from light and heat.
– Store Your Products in the CHARLYCAFE COUTURE pouch provided to You when You are not wearing them.
15. SIZE GUIDE
Size information is included in the description of each Product. CHARLYCAFE COUTURE offers this informative chart to help You find the perfect size. If You have any additional questions, please do not hesitate to contact our Customer Service Department by sending an email to ………………………… or by calling ………………..
16. AUTHENTICITY GUARANTEE CHARLYCAFE COUTURE sells its quality Products through www.charlycafécouture.com its stores and authorized resellers.
CHARLYCAFE COUTURE cannot guarantee that goods purchased elsewhere will not be counterfeit, altered, second-hand or of dubious origin.
All sites other than the one mentioned above containing the name CHARLYCAFE COUTURE in the “root” of the domain name are sites not authorized to sell CHARLYCAFE COUTURE products and are potentially selling counterfeit products. CHARLYCAFE COUTURE advises You to check the list of its stores in the “OUR STORES” section of the Website or that of its authorized retailers.
All the products available on the online sales space www.charlycafecouture.com benefit from the legal guarantee system as long as the use has been normal and that the maintenance advice has been followed.
In the hypothesis where the delivered product would present a hidden defect or a defect of conformity, CHARLYCAFE COUTURE will proceed to the replacement of the concerned article. In case of impossibility to replace the product, CHARLYCAFE COUTURE will proceed to the refund of the article after sending it back according to the procedure of return, being understood that the refund which will be made after report of the defect or the defect of conformity on the article by our quality service, will also integrate the expenses of expedition of return of the article.
Neither party shall be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure. Events meeting the criteria set by French law will be considered as force majeure.
The parties agree that they shall consult each other as soon as possible in order to determine together the methods of execution of the order during the period of the force majeure event.
19.INDUSTRIAL AND INTELLECTUAL PROPERTY
The present website is a work of the mind. CHARLYCAFE COUTURE, as the author of this original creation, benefits from the protection and rights reserved by law.
All the elements of this site are the exclusive property of CHARLYCAFE COUTURE.
No one is authorized to reproduce, exploit, rebroadcast or use in any capacity whatsoever, even partially, elements of the site, whether visual, software or sound.
The non-respect of this prohibition constitutes a counterfeit engaging the civil and penal responsibility of the counterfeiter and against which CHARLYCAFE COUTURE can claim the compensation of its damage.
20.CONFIDENTIALITY AND PERSONAL DATA
We commit ourselves to protect your personal data. By adhering to these general conditions of sale, you acknowledge that you have read our commitment to confidentiality and consent to our collection and use of this data.
You have a right of access, rectification, opposition and deletion.
For any request, it will be advisable to address by e-mail to our technical service:
21.APPLICABLE LAW AND JURISDICTION
The present general conditions of sale are subjected to the French law. Any dispute concerning the interpretation or the execution of the present general conditions of sale will be the exclusive competence of the jurisdiction of FRANCE
22.CUSTOMER RELATIONS DEPARTMENT
Do not hesitate to contact our customer service by e-mail at the following address: charlycecouture….