Terms and Conditions of Sale and Use
These general terms and conditions of sale and use aim to define the rights and obligations of LA MAILLE ETHIQUE, distributor of the CHAUSSETTES ORPHELINES brand, and of the Customer of products presented by CHAUSSETTES ORPHELINES on its website www.chaussettesorphelines.com (hereinafter referred to as "the Site").
They apply exclusively between the company LA MAILLE ETHIQUE, 5 place Felix Eboué 75012 Paris, SIRET 838 472 082 00018 (hereinafter referred to as "CHAUSSETTES ORPHELINES") and any individual consumer visiting or making a purchase via the said Site (hereinafter referred to as "the Customer").
On the Site, LA MAILLE ETHIQUE allows the Customer to order online products of the CHAUSSETTES ORPHELINES brand (hereinafter "the Product(s)") in accordance with these general conditions.
Any order placed with CHAUSSETTES ORPHELINES therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without prior notice by LA MAILLE ETHIQUE, the applicable conditions being those in force on the date of the order by the Customer.
Our e-shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the CHAUSSETTES ORPHELINES website with a description.
2.2. The Products offered by CHAUSSETTES ORPHELINES comply with the standards applicable in France.
The elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, LA MAILLE ETHIQUE cannot be held responsible in the event of an error or omission in any of these elements or in the event of modification of the said elements by the suppliers and/or publishers.
3. OBLIGATIONS OF THE CUSTOMER
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorisation allowing him to place an order on the Site.
3.2. The Client undertakes to provide LA MAILLE ETHIQUE with the real information necessary to carry out the service which is the subject of these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone number and valid e-mail.
The customer is responsible for the consequences of false or inaccurate information provided or information that is unlawfully included.
3.3. Once the order has been placed, LA MAILLE ETHIQUE sends the Customer an e-mail confirming the order. It informs him/her of the dispatch of the Products.
3.4. The Customer can modify his data in the "my account" section.
4.1. Any order will be validated only after acceptance of the payment.
4.2. LA MAILLE ETHIQUE reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
4.3. LA MAILLE ETHIQUE can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Website when the order is confirmed.
If, despite the vigilance of LA MAILLE ETHIQUE, the products are unavailable, LA MAILLE ETHIQUE 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.
LA MAILLE ETHIQUE cannot be held responsible for the permanent or temporary unavailability of the product, nor can it give rise to any right to compensation or damages in favour of the Customer.
5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the costs of processing the order and packaging costs will be indicated in the Customer's basket, before the final validation of the order.
The prices can be modified at any time, without notice and in particular in the event of change of tax or economic data. The articles will be invoiced on the basis of the rates in force at the time of the recording of the order.
LA MAILLE ETHIQUE delivers its Products in France and in all the countries of the European Union and can on request deliver in any country.
The products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order.
If the article has been dispatched before receipt of the cancellation of the order for a delay in delivery of more than 7 days, LA MAILLE ETHIQUE will proceed with the refund of the article and of the dispatch and return costs, on receipt of the article, complete, in its original condition and with all the labels.
LA MAILLE ETHIQUE undertakes to inform the Customer of the progress of the processing of his order.
In case of damaged packages (already opened, missing products...), the Customer undertakes to notify the carrier and LA MAILLE ETHIQUE, by all means, of any reservations within 3 days of receiving the product.
LA MAILLE ETHIQUE cannot be held responsible for the consequences due to a delay in delivery which is not its fault.
The totality of the payment must be realized at the time of the order. At no time can the sums paid be considered as a deposit or advance payment. The Customer shall pay for his order by credit card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article.
LA MAILLE ETHIQUE does not accept payment by check. The customer will have to direct himself towards the other means of payment proposed.
For any transaction, 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 (last three digits).
The communication by the Customer of his bank card number is equivalent to authorisation for LA MAILLE ETHIQUE to debit his account for the amount of his order.
No COD shipments will be accepted for any reason.
LA MAILLE ETHIQUE retains the property of the article until the full payment of the price by the Customer. The purchases are made in a secure way. The payment solutions adopted by LA MAILLE ETHIQUE are 100% secure. For payments by bank card (credit card, visa card and e-card), all the information that the Customers communicate to LA MAILLE ETHIQUE is strictly protected and guarantees the conformity and the security of each transaction.
8. PRODUCT RETURNS AND REFUNDS
RIGHT OF WITHDRAWAL
Within a period of thirty (30) days from his order, the Customer may ask LA MAILLE ETHIQUE to return the Product(s).
Returns are free from Metropolitan France (including Corsica and Monaco) and most European Union countries. To take advantage of free returns, follow the procedure by visiting the RETURNS POLICY.
If the Customer does not wish to use the prepaid service or if he/she returns from the French Overseas Departments and Territories or from a country other than those of the European Union defined by La Poste, he/she must return the Product(s) at his/her own expense, except in the case where he/she would have received a product with a manufacturing defect or which does not correspond to the Customer's initial order. In this case, the Customer must contact customer service at firstname.lastname@example.org to obtain a prepaid return form.
The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
If the Customer does not respect the present conditions, in particular the conditions of return, LA MAILLE ETHIQUE will not be able to proceed with a refund or issue a credit note for the Products concerned.
9. WARRANTIES AND LIABILITY
LA MAILLE ETHIQUE has, for all stages of access to the site, from the order process to the dispatch of the parcel or subsequent services, only an obligation of means. LA MAILLE ETHIQUE cannot be held responsible for any inconvenience or damage inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and jurisprudence.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer allowed to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos...).
This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial purposes without the express written authorisation of LA MAILLE ETHIQUE.
Generally speaking, all copyrights, trademarks and other distinctive signs and property rights or intellectual property rights appearing on the Website will remain the full and complete property of LA MAILLE ETHIQUE.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be prejudicial to the owner of the rights, unless otherwise stipulated in the contract.
The same applies to any other intellectual property right.
11. WARRANTIES AND LIABILITY
LA MAILLE ETHIQUE undertakes to use the confidential information of the Clients only within the framework of the operation of its Website.
For the proper processing of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge thereof.
In this respect, the information concerning him/her may be communicated to technical service providers of LA MAILLE ETHIQUE.
Furthermore, LA MAILLE ETHIQUE may apply technical means to obtain non-personal information relating to Internet users and intended to improve the site's functionalities, for example by tracing the number of visitors to certain pages.
In accordance with the law of 6 January 1978 modified by the law of 6 August 2004, the Customer has the right to access and rectify personal data concerning him/her in the files of LA MAILLE ETHIQUE. Any request must be sent by e-mail to :email@example.com or by post to the following address LA MAILLE ETHIQUE, brand CHAUSSETTES ORPHELINES, 2 rue des gardes, 75018 Paris, FRANCE.
This data processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) which issued the registration number: YJDOO948953
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law 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 and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
The present general conditions may be modified at any time and without prior notice by LA MAILLE ETHIQUE, the applicable conditions being those in force on the date of the order by the Customer.
The present general terms and conditions of sale are permanently accessible at the following address: https: //chaussettesorphelines.com/pages/conditions-generales-de-vente in a computer format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them.
13.3. APPLICABLE LAW - COMPETENT COURT
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
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 obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 211-5. of the Consumer Code
- To conform to the contract, the property must :
(1) be fit for the purpose ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the Customer would not have acquired it, or would only have given a lesser price, if he had known about them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at firstname.lastname@example.org