These general terms and conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website baiedescaps.com (hereinafter the “SITE”) from BAIE DES CAPS, a simplified joint-stock company (SAS) with a share capital of €100,000, registered in the Saint-Malo Trade and Companies Register under number 849 741 970, intra-Community VAT number FR59849741970, whose registered office is at 13 Rue du Colonel Pléven - 22650 BEAUSSAIS SUR MER, France, Tel: 02 96 39 05 45, email: direction@baiedescaps.com (hereinafter the “SELLER”).
IMPORTANT
Any order placed on the Site necessarily implies the CUSTOMER’s unreserved acceptance of these general terms and conditions
ARTICLE 1. DEFINITIONS
In these General Conditions, the terms used below have the following meanings:
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“CUSTOMER”: means the SELLER’s contracting party, who warrants that they are a consumer as defined by French law and case law. Accordingly, it is expressly provided that the CUSTOMER acts outside the scope of any regular or commercial activity.
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“DELIVERY”: means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address given when the order was placed.
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“PRODUCTS”: means all the products available on the SITE.
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“TERRITORY”: means mainland France (excluding the French overseas departments and territories) and Monaco, the countries of the European Union, Switzerland, the United Kingdom, Canada, and any other country offered in the list of delivery destinations during the ordering process. The terms specific to each destination (costs, any minimum order thresholds, local duties and taxes) are set out in the shipping policy accessible at the bottom of each page of the SITE.
ARTICLE 2. PURPOSE
These General Conditions govern the sale of the PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual terms.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to read these General Conditions carefully and to accept them before proceeding to pay for an order of PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before an order is placed. The CUSTOMER is invited to read the General Conditions carefully, to download and print them, and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions each time a new order is placed, as the latest version of the said Conditions applies to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if a minor, be able to prove the consent of their legal representatives.
The CUSTOMER will be asked to provide information enabling them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. Where applicable, DELIVERIES can be tracked using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER’s sales department at any time by email, at direction@baiedescaps.com, to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, their eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (in the product information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that the steps may differ slightly depending on the CUSTOMER’s starting page).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once selected, the PRODUCT is placed in the CUSTOMER’s cart. The CUSTOMER can then add as many PRODUCTS to their cart as they wish.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in their cart, the CUSTOMER must click on the cart and check that the contents of their order are correct. If the CUSTOMER has not already done so, they will then be asked to log in or register.
Once the CUSTOMER has validated the contents of the cart and has logged in / registered, an automatically completed online form will be displayed to them, summarising the price, the applicable taxes and, where applicable, the delivery costs.
The CUSTOMER is invited to check the contents of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its contents.
The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear once the correct options have been selected. Orders placed must include all the information necessary for the order to be processed correctly.
The CUSTOMER must also select their chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE acknowledging receipt of the CUSTOMER’s order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by email, provided that the email address given in the registration form is correct.
The SELLER does not send any order confirmation by post or by fax.
5.2.4. Invoicing
During the ordering procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER).
In particular, the CUSTOMER must clearly provide all information relating to the DELIVERY, especially the exact DELIVERY address and any access code for the DELIVERY address.
The CUSTOMER must also specify the chosen payment method.
Neither the order form that the CUSTOMER completes online nor the order acknowledgement that the SELLER sends to the CUSTOMER by email constitutes an invoice. Whatever the ordering or payment method used, the CUSTOMER will have access to their invoice as soon as the parcel is shipped, by logging in to their customer account.
5.3. Order date
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The time limits indicated on the SITE only start to run from that date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros inclusive of all taxes, together with the applicable delivery costs (depending on the weight of the parcel, excluding packaging and gifts, the DELIVERY address and the carrier or means of transport chosen). If the CUSTOMER is a professional, they will see prices displayed excluding VAT until the end of the order. VAT at 20% applies and will be shown on the final invoice.
Prices include, in particular, value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date on which the new rate comes into force.
For deliveries within the European Union, the applicable VAT is that of the country of destination.
For deliveries outside the European Union (in particular Switzerland, the United Kingdom and Canada), sales are exempt from French VAT (export sales, Article 262-I of the French General Tax Code); any customs duties, taxes and charges applicable in the country of destination are payable by the CUSTOMER and collected upon receipt of the parcel, in accordance with the terms detailed in the shipping policy.
The prices charged by the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be changed in the event of special offers or sales.
The prices indicated are valid, save in the event of an obvious error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the time limit indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER when a PRODUCT is back in stock.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
If a PRODUCT is unavailable, the SELLER may, if the parties so agree, offer an alternative PRODUCT of equivalent quality and price, subject to acceptance by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will be refunded all sums paid for the unavailable PRODUCTS no later than thirty (30) days after payment.
5.6. Return of PRODUCTS in the event of a size error
If the CUSTOMER finds that the PRODUCT ordered is not suitable because of a size error, the CUSTOMER may request a return (free of charge from mainland France) in order to obtain a smaller or larger size, within a period not exceeding thirty (30) days from receipt of the PRODUCT.
The PRODUCT must not have been worn and must be returned in the same packaging conditions as when it was shipped.
The new shipment is provided free of charge to the CUSTOMER, limited to one round trip, again within mainland France.
The professional undertakes to deliver the PRODUCT as soon as the return parcel is received.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, which is available in Appendix 1 hereto.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the payment methods offered by the SELLER.
The CUSTOMER warrants to the SELLER that they hold all the authorisations required to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online in connection with online payment on the SITE.
In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.
The security of payments in 3 instalments is ensured by Alma and its service providers. All payments are protected by 3D Secure. When paying in instalments with Alma, the Customer pays no fees. Alma is an electronic payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the French Civil Code.
- by payment in 3 instalments, available for amounts between €125 and €2,000, via our partner Alma
7.2. Payment date
In the case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account no earlier than when the first parcel is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by any other valid means of payment.
If, for any reason whatsoever, whether a payment stop, a refusal or otherwise, the transfer of the funds owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER for an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the French Consumer Code.
The SELLER agrees to archive this information in order to keep track of transactions and to produce a copy of the contract at the CUSTOMER’s request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it ensures the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER.
The above provisions do not prevent the risks of loss of or damage to the PRODUCTS subject to the retention of title, as well as the risks of any damage they may cause, from passing to the CUSTOMER upon receipt of the PRODUCTS by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier.
ARTICLE 10. DELIVERY
The terms and conditions of DELIVERY of the PRODUCTS are set out in the “delivery policy” referred to in Appendix 2 hereto and accessible at the bottom of each page of the SITE via a hyperlink.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to ensure maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
ARTICLE 12. GUARANTEES
In addition to the commercial guarantee that the SELLER offers for certain PRODUCTS (see Article 12.3), every CUSTOMER benefits from “legal” guarantees for all PRODUCTS, which are detailed below.
Article 12.1. Legal guarantee of conformity
Pursuant to Articles L.217-3 to L.217-20 of the French Consumer Code, the SELLER delivers goods that conform to the contract and to the legal criteria, and is liable for any lack of conformity that exists at the time the goods are delivered and becomes apparent within two (2) years of delivery.
During this two-year period, the CUSTOMER is only required to establish the existence of the lack of conformity, and not the date on which it appeared (presumption that the defect already existed at the time of delivery).
In the event of a lack of conformity, the CUSTOMER is entitled to have the goods brought into conformity by repair or replacement, at their choice, within thirty (30) days of their request, free of charge and without major inconvenience to them. However, the SELLER may decline to proceed as chosen by the CUSTOMER if that choice would entail a manifestly disproportionate cost compared with the other option, taking into account the value of the goods or the significance of the defect.
If it is impossible to bring the goods into conformity, or if this has not been done in accordance with the legal requirements, the CUSTOMER may obtain a price reduction or termination of the sale, under the conditions laid down in Articles L.217-14 et seq. of the French Consumer Code. The refund is then made within thirty (30) days at the latest, in exchange for the return of the goods to the following address: 13 Rue du Colonel Pléven - 22650 BEAUSSAIS SUR MER.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Article 12.2. Guarantee against hidden defects
The SELLER is bound by the guarantee against hidden defects in the PRODUCT sold which render it unfit for its intended use, or which impair that use to such an extent that the CUSTOMER would not have acquired it, or would only have paid a lower price for it, had they known of them. (Article 1641 of the French Civil Code)
This guarantee allows a CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price if the PRODUCT is not returned.
Any action arising from redhibitory defects must be brought by the CUSTOMER within two (2) years of the discovery of the defect. (First paragraph of Article 1648 of the French Civil Code)
Article 12.3. “Anti-pilling” commercial guarantee
The SELLER offers, on sweaters knitted and sewn by its workshop, a
free lifetime “anti-pilling” commercial guarantee: if the sweater pills under normal use and care, it is replaced free of charge with an identical sweater (same model and same size; colour subject to availability). The content, the terms of implementation and the exclusions of this guarantee are set out in the written guarantee document available at:
baiedescaps.com/pages/garantie-anti-bouloche. This commercial guarantee applies without prejudice to the legal guarantees described in Articles 12.1 and 12.2.
ARTICLE 13. LIABILITY
The SELLER shall under no circumstances be held liable for any non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.
The SELLER cannot be held liable, or deemed to have failed to comply with these General Conditions, for any delay or non-performance where the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly connected to the SITE. Consequently, it excludes all liability for the information published on them. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER’s liability cannot be invoked if the non-performance of, or delay in performing, any of its obligations described in these GTC results from a case of force majeure.
In contractual matters, force majeure exists where an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated by operation of law and the parties are released from their obligations under the conditions laid down in Articles 1351 and 1351-1 of the French Civil Code.
In this respect, the SELLER cannot be held liable, in particular, in the event of attacks by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, or in the event of any circumstance or event beyond the SELLER’s control occurring after the conclusion of the GTC and preventing their performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim any compensation and may not bring any action against the SELLER.
Should any of the above events occur, the SELLER will endeavour to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data about its CUSTOMERS on the SITE, including by means of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyse orders and, if the CUSTOMER has expressly chosen this option, send them commercial prospecting mail, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER’s data is kept confidential by the SELLER for the purposes of the contract and its performance, and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be disclosed, in whole or in part, to the SELLER’s service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that the CUSTOMERS have given their express prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners.
In accordance with French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, known as the GDPR), the SELLER ensures the implementation of the rights of data subjects.
It is recalled that a CUSTOMER whose personal data is processed has the rights of access, rectification, updating, portability and erasure of the information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended French Information Technology and Civil Liberties Act and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 38 of the amended French Information Technology & Civil Liberties Act and the provisions of Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning them, without having to give reasons and free of charge.
The CUSTOMER may exercise these rights by sending an email to: direction@baiedescaps.com or by sending a letter to 13 Rue du Colonel Pléven - 22650 BEAUSSAIS SUR MER.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a “Customer telephone service” on the following number: 02 96 39 05 45 (not a premium-rate number). Any written complaint from the CUSTOMER must be sent to the following address: 13 Rue du Colonel Pléven - 22650 BEAUSSAIS SUR MER.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER’s authorisation in writing.
Such authorisation from the SELLER will under no circumstances be granted permanently. The link must be removed at the SELLER’s request. Hyperlinks to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by any process whatsoever, without the SELLER’s express prior authorisation, is prohibited and will constitute an infringement punishable under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these GTC constitutes acknowledgement by the CUSTOMER of the SELLER’s intellectual property rights and an undertaking to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions, shall not affect the validity of these General Conditions. Such a change or decision shall in no event entitle CUSTOMERS to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the customary practice of the business-to-consumer retail sector for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE for as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Modifications made to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. MEDIATION, JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS AND THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.
However, before any recourse to an arbitrator or a state court, the CUSTOMER is invited to contact the SELLER’s complaints department (Article 16).
In accordance with Articles L.612-1 et seq. of the French Consumer Code, the CUSTOMER has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any contractual dispute with the SELLER, after having first attempted to resolve the dispute directly with the SELLER by means of a written complaint. The contact details of the consumer mediator responsible for the SELLER are provided to the CUSTOMER by the complaints department and upon simple written request to direction@baiedescaps.com.
SHOULD MEDIATION FAIL OR NOT BE ENVISAGED, THE DISPUTE WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
APPENDIX 1
RIGHT OF WITHDRAWAL POLICY
Principle of withdrawal As a matter of principle, the CUSTOMER has the right to withdraw by sending back or handing back the PRODUCT to the SELLER.
To do so, the PRODUCT must be sent back or handed back without undue delay and no later than fourteen (14) days after the CUSTOMER has communicated their decision to withdraw, unless the SELLER offers to collect the PRODUCT itself.
Withdrawal period In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the PRODUCT.
If the CUSTOMER has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
If the CUSTOMER’s order relates to several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal In order to exercise the right of withdrawal, and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (completed return form or, for example, a letter sent by post or an email) to: 13 Rue du Colonel Pléven - 22650 BEAUSSAIS SUR MER or direction@baiedescaps.com.
The CUSTOMER may also use the form below:
WITHDRAWAL FORM
For the attention of: BAIE DES CAPS SAS
SELLER’s telephone number: 02 96 39 05 45
SELLER’s email address: direction@baiedescaps.com
I hereby give notice of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice no.:
Order form no.:
- Ordered on [________________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, of the recipient of the order:
- CUSTOMER’s address:
- Delivery address:
- CUSTOMER’s signature (except where sent by email)
- Date
For the withdrawal period to be met, the CUSTOMER must send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid (except for custom-made sweaters ordered via “Mon pull à la carte”, as well as gift wrapping), without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT.
(Article L.221-24 of the French Consumer Code).
The SELLER will make the refund using the same means of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any event, the refund will not incur any costs for the CUSTOMER.
The SELLER is not required to refund any additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer the refund until it has received the goods or until the CUSTOMER has provided proof of dispatch of the goods, the date taken into account being the earlier of these two events.
Return procedure
The CUSTOMER must send back the goods, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw from this contract, to: 13 Rue du Colonel Pléven - 22650 BEAUSSAIS SUR MER.
This deadline is deemed to be met if the CUSTOMER sends back the goods before the fourteen (14) day period has expired.
Return costs
Return costs are covered by the SELLER for mainland France (a prepaid return label is provided), for returns and exchanges alike. They remain the responsibility of the CUSTOMER for the rest of the world.
Should the weight of the PRODUCT prevent the CUSTOMER from returning it by post, the CUSTOMER must bear the direct costs of returning the goods.
Condition of returned goods
The PRODUCT must be returned in its original and complete condition (packaging, accessories, instructions, etc.) so that it can be put back on the market as new, together with the purchase invoice.
Damaged, soiled or incomplete products will not be accepted for return.
The CUSTOMER is liable only for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT, but may be held liable if they handle it in ways other than those that are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER’s specifications or clearly personalised
- Supply of goods liable to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery
- Newspapers, periodicals or magazines (except for subscription contracts)
- Provision of accommodation services other than for residential purposes, goods transport, car rental, catering or services related to leisure activities, if the offer provides for a specific date or period of performance
- Supply of goods which, by their nature, are inseparably mixed with other items
- Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages whose price was agreed at the time the sales contract was concluded, whose delivery cannot take place until after 30 days and whose actual value depends on market fluctuations beyond the SELLER’s control
- Supply of digital content not supplied on a tangible medium, if performance has begun with the consumer’s express prior consent, and the consumer has also acknowledged that they will thereby lose their right of withdrawal
- contracts concluded at a public auction
APPENDIX 2
DELIVERY POLICY
Delivery area
The PRODUCTS are delivered within the TERRITORY as defined in Article 1 hereof: mainland France and Monaco, the European Union, Switzerland, the United Kingdom (orders of €160 or more), Canada and other countries offered during the ordering process. It is not possible to place an order for any delivery address located outside the destinations offered at the time of ordering.
For deliveries outside the European Union, any customs duties, local taxes and customs clearance fees are payable by the CUSTOMER and collected by the carrier or the local authorities upon receipt (“DAP” delivery). Details for each destination are given in the shipping policy accessible at the bottom of each page of the SITE.
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Shipping time
The time needed to prepare an order and then issue the invoice, before PRODUCTS in stock are shipped, is stated on the SITE. These times exclude weekends and public holidays.
An email will automatically be sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address given in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the SITE. Colissimo shipping is free for orders of €150 or more including VAT in mainland France and within the European Union. In the event of partial cancellation of your order, shipping costs of €9.58 will be charged to you if the final order is below €150 including VAT.
In the absence of any indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the French Consumer Code).
For professional CUSTOMERS, a minimum order of €600 excluding VAT is required for free delivery. Below this amount, delivery costs of €30 excluding VAT apply.
DELIVERY methods
The parcel will be delivered to the CUSTOMER by Colissimo without signature and left in their letterbox.
If the CUSTOMER is absent, or if their letterbox proves too small, a delivery notice will be left for the CUSTOMER so that they can collect their parcel from their post office.
If the pick-up point option has been chosen, the parcel will be delivered to the pick-up point and the CUSTOMER will be notified by the carrier’s network.
DELIVERY problems
The CUSTOMER is informed of the scheduled delivery date when choosing the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period and, if delivery is not made within that period, may terminate the contract.
The SELLER will refund the CUSTOMER, without undue delay from receipt of the termination letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same means of payment as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. The CUSTOMER is reminded that they have three (3) days to notify the carrier of any damage or partial loss noted upon delivery.