Terms of Sales
1. SCOPE
The company Carole Chiotasso with a capital of €8,000, registered in the Trade and Companies Register (RCS) of Narbonne under number 891 312 696,
and whose registered office is located at 1 rue Cabirol 11 100 Narbonne, intra-community VAT n° FR16891312696 landline telephone 04 68 75 85 26 is in the business of manufacturing and marketing jewelry and jewelry items.
Its products are offered for sale, in particular online, on the website available at the address http://www.carolechiotasso.com/ (hereinafter the Site).
These General Terms and Conditions of Sale (hereinafter GTC) apply, without restriction or reservation, to all online orders on the Site, by a consumer or non-professional, each time that the latter is assimilated to the consumer by effect of the Law, under the conditions it determines (hereinafter the Client).
The main characteristics of the products offered for sale are presented on the Site.
The Customer is required to read it before placing an order.
However, the photographs appearing therein by way of illustration have no contractual value.
The choice and purchase of a product is therefore the sole responsibility of the Customer.
It is also the Customer's responsibility to read in detail the technical descriptions and instructions for use of each of the products acquired via the Site, before any installation and use.
The products comply with the requirements of French law in force at the time of their placing on the market, in particular in terms of safety.
These GCS apply to the exclusion of all other conditions, and in particular those which may be applicable to other marketing channels for products offered for sale by partner jewelers.
They are accessible, downloadable and/or printable , at any time on the Site, and will prevail, if necessary, over any other version or contradictory document.
These T&Cs may be subject to subsequent modifications.
Changes to these T&Cs are binding on users of the Site from the time they are put online.
However, Carole Chiotasso ensures the conservation of the GCS in their version in force on the day of the Customer's order, and of the other contractual documents, on a reliable and durable medium, and of which a faithful copy can be given to the Customer at his request.
Under these conditions, and unless proven otherwise, the data recorded in Carole Chiotasso's computer system constitutes proof of the transactions concluded with the Customer and of the applicable conditions.
The Customer declares to have read these T&Cs, which have been presented to him in a readable and understandable manner, and to have accepted them, without restriction or reservation, by clicking on the box provided for this purpose, after having read them at during the ordering procedure as detailed in Article 3 below.
The fact that Carole Chiotasso does not take advantage of one of the provisions of these GCS at a given time and/or occasion cannot entail a waiver on her part to claim the benefit thereof later.
The Customer acknowledges having the legal capacity required to contract and order the products he chooses on the Site.
2. PRICES
The prices of the products offered for sale by Carole Chiotasso are detailed on the Site.
The prices are expressed in euros and include all taxes (TTC).
Unless otherwise stated, prices shown do not include delivery charges.
The prices of the products offered for sale are subject to change and are enforceable against users of the Site from the time they are put online.
The applicable price is that in force on the day of the order.
3. ORDER PROCEDURE
ONLINE
The Customer has the possibility of ordering and paying online for the products offered for sale and available, from the Site.
The order is made according to the following methods.
3.1. Product and quantity selection
The products are offered with production and shipping deadlines.
In the event of prolonged inactivity during the connection, it is possible that the selection and/or the prices of the products chosen by the Customer before this inactivity is no longer guaranteed.
The Customer is then invited to resume his selection of products.
3.2. Information of the Customer's identity
The Customer must fill in the information relating to his identity (first name(s), last name, name of his company if applicable, email address, telephone, country, address, postal code, city and delivery address if different). These are confidential items.
Mandatory data is marked with an asterisk. This information is necessary for the management of orders and the commercial relationship between the Customer and Carole Chiotasso, in particular. In the absence of such information, the ordering procedure cannot be continued.
The Customer undertakes to provide true and sincere information.
The Customer will be solely responsible for any input errors and the consequences that may result therefrom.
3.3. Confirmation of the order
A summary of the current order is presented to the Customer, which can be modified if necessary, before validation.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors.
No paid option is included by default in the Customer's order.
His express consent is required for any additional payment in addition to the price of the initial order.
The entirety of these GCS is subject to the reading of the Customer.
A downloadable and/or printable version is also available.
The Customer validates his order by ticking the box "Accept the T&Cs and pay", which only appears once the reading has been completed.
Otherwise, he cannot access the online payment server and the order cannot be validated.
Unvalidated orders cannot be honored by Carole Chiotasso.
Thus, the simple fact for the Customer to add a choice of product in the basket does not constitute validation of the order.
3.4. Means of payment
The Customer acknowledges that the validation of the order, materialized by the ticking of the box "Accept the GCS and pay", entails the obligation to pay for it, in full, online, by credit card.
The Customer guarantees to Carole Chiotasso that the means of payment used is valid and that it is not the result of a fraudulent operation. The Customer agrees to raise and guarantee Carole Chiotasso against any claims that may be made against him by a third party as a result.
Payment by credit card
The Customer is asked to communicate the sixteen digits of his card, its expiry date and its cryptogram.
The Customer acknowledges that the commitment to pay given by means of a payment card is irrevocable.
Online payment is secured by using the Stripe application.
Carole Chiotasso cannot be held liable for the operation of this service, on any basis whatsoever, and in any capacity whatsoever.
In the event of failure to authorize payment by the accredited banking organisations, an error message and order refusal is displayed on the screen.
3.5. Order confirmation
Subject to full payment of the order, under the conditions set out in Article 3.5 above, a confirmation email is sent without delay to the Customer, with a summary and an order number.
A separate email is then sent to the Customer to inform him of the dispatch of the product(s) subject to his order to the delivery address provided.
The purchase invoice allowing the implementation of the guarantee is included in the package or hand-delivered at the time of collection.
Carole Chiotasso reserves the right to refuse and/or cancel the Order as soon as it seems to her to be abnormal and/or made in bad faith and/or for any legitimate reason, and in the event of a pre-existing dispute relating to non-payment. by the Customer of a previous order, regardless of the marketing channel.
3.6. Impossibility of modifying the order after payment
Once payment has been made, the order can no longer be modified, except for the Customer to exercise his right of withdrawal under the conditions of Article 5 below.
4. DELIVERY
The information and documents on the site are presented for information only, are not exhaustive, and cannot engage the responsibility of the site owner.
The owner of the site cannot be held responsible for direct or indirect damage resulting from access to the site.
5. RIGHT OF WITHDRAWAL
The users of the site can post content there, appearing on the site in dedicated spaces (in particular via the comments). The content deposited remains under the responsibility of their authors, who fully assume full legal responsibility.
The owner of the site nevertheless reserves the right to withdraw without notice and without justification any content posted by users that does not comply with the site's code of ethics or the legislation in force.
6. WARRANTIES
Unless otherwise stated, all elements accessible on the site (texts, images, graphics, logo, icons, sounds, software, etc.) remain the exclusive property of their authors, with regard to intellectual property rights or rights of 'use. (Articles L111-1 et seq. Of the Intellectual Property Code of July 1, 1992)
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorization of the author.
Any unauthorized use of the site or any of the elements it contains is considered to constitute an infringement and prosecuted. (Articles L.335-2 and following of the Intellectual Property Code)
The brands and logos reproduced on the site are registered by the companies which own them.
7. EXEMPTION FROM
RESPONSIBILITY
Outgoing links
The owner of the site declines all responsibility and is not bound by the referencing via hypertext links, of third-party resources present on the Internet network, both as regards their content and their relevance.
Inbound links
The owner of the site authorizes hypertext links to one of the pages of this site, provided that they open a new window and are presented in an unequivocal manner in order to avoid:
any risk of confusion between the citing site and the site owner
as well as any tendentious presentation, or contrary to the laws in force.
The site owner reserves the right to request the removal of a link if he considers that the source site does not comply with the rules thus defined.
8. OPERATION AND
USE OF THE SITE
Carole Chiotasso is only bound by an obligation of means with regard to the operation and continuity of the Site.
No liability can be imputed to it in the event of malfunction(s) of any kind, and in particular in the event of fraudulent or malicious use by a third party of information available on the Site.
The Customer is solely responsible for the use he makes of the Site.
He undertakes to be personally responsible for any complaint and/or procedure brought against Carole Chiotasso and which would relate to his use of the Site.
Carole Chiotasso reserves the right to make all the modifications and improvements to its offer that it deems necessary or useful and will not be liable for damages of any kind that may arise as a result.
Carole Chiotasso also reserves the right, without notice or compensation, to suspend, temporarily or permanently, a service on its Site and will not be liable for any damages of any kind that may arise as a result.
The Customer is informed that the Site may contain hypertext links likely to redirect it to other websites, in particular third parties (Facebook, Twitter, etc.), which could thereby identify the Customer.
Carole Chiotasso makes no commitment in this regard and is in no way responsible for the content and/or operation of third-party websites.
Carole Chiotasso has no control over this type of use.
It is the Customer's responsibility, where applicable, to ensure that the conditions of use of these sites and/or social networks can enable him to supervise and/or restrict the use of his data, in particular by setting up his accounts. use.
As necessary, Carole Chiotasso reminds that the Customer must use the Site under legal conditions, and that in the presence of illegal content, it reserves the right to delete the litigious elements.
Carole Chiotasso also reserves the right to take all necessary measures to enforce her rights.
9. IT AND FREEDOMS
In accordance with the provisions of the “Informatique et Libertés” Law of January 6, 1978, amended in 2004, it is recalled that the personal data requested from the Customer are necessary for the processing of his order, in particular.
They can also be used for the dissemination of promotional offers and newsletters from Carole Chiotasso.
This data may be communicated to any partners of Carole Chiotasso, responsible for the execution, processing, management and/or payment of orders.
The computer processing of personal data communicated by the Customer through the Site has been declared to the CNIL.
The Customer has the right to access and rectify personal data concerning him, and he can exercise it, at any time, by writing, by registered letter with acknowledgment of receipt, justifying his identity, at :
Carole Chiotasso 1 rue Cabirol 11 100 Narbonne
Carole Chiotasso may possibly offer the Customer to subscribe to its newsletter or to receive, by electronic means, promotional offers or more generally information concerning Carole Chiotasso's products.
The Customer may however unsubscribe by clicking on the link provided for this purpose in the email addressed to him.
10. INTELLECTUAL PROPERTY
The Site is the property of Carole Chiotasso and is protected by French and international laws relating to Intellectual Property, both with regard to its architecture and its contents, of any nature whatsoever (trademarks, texts, photos, videos , etc).
Any representation and/or reproduction and/or imitation, total or partial, of the Site is (are) strictly prohibited and likely to characterize the offense of counterfeiting.
11. APPLICABLE LAW – LANGUAGE
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French.
12. DISPUTES
The Customer is informed that he can request the intervention of a consumer mediator in the event of a dispute between him and Carole Chiotasso, which has not been resolved following the complaint sent by the Customer to Carole Chiotasso, in particular by visiting the website available at the address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
and http://www.economie.gouv.fr/mediation-conso/vous-etes-professionnel.
The contact details are as follows:
The FEVAD e-commerce mediator service
60 rue la Boétie
75008 PARIS
mediateurduecommerce@fevad.com
The solution proposed by a mediator is not binding on the parties, who remain free at any time to leave the mediation process.
The Customer may resort to any other alternative dispute resolution method.
The Customer may in any case refer to the Court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract subject to these GCS.
13. COMPLAINT
All complaints must be sent by registered letter with acknowledgment of receipt to the following address:
Carole Chiotasso 1 rue Cabirol 11 100 Narbonne
14. INFORMATION
PRECONTRACTUAL –
CUSTOMER ACCEPTANCE
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these GCS and of all the information and information referred to in Articles L. 111-1 to L111-7, R. 111- 1 and R. 111-2 of the Consumer Code, and in particular:
Ø the essential characteristics of the product(s), taking into account the communication medium used and the nature of the product(s) concerned;
Ø the price of the product(s) and any additional costs (delivery costs, extended warranty, etc.);
Ø delivery times;
Ø information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, which in any case emerged from the context of the order;
Ø information relating to legal and contractual guarantees and their methods of implementation;
Ø the possibility of having recourse to a consumer mediator in the event of a dispute or to any alternative method of dispute resolution;
Ø information relating to the exercise of the right of withdrawal and other important contractual conditions.