The General Conditions of Sale detailed below (hereinafter referred to as the "General Conditions"), govern, to the exclusion of all other terms, the contractual relations between any non-professional buyer of the www.charlottechesnais.fr website (hereinafter referred to as the "buyer" or "You") and the merchant, Charlotte Chesnais, which belongs to CC&RASPAIL, a company with share capital of 10,000 euros, whose registered office is situated at 16 rue Cassini 75014 Paris, entry No. 8078871460 in the Paris Trade and Companies Register, with VAT registration No. FR50807887146 (hereinafter referred to as "Charlotte Chesnais").
These General Conditions shall be the sole applicable conditions and supersede all other conditions, save as otherwise exceptionally provided in advance, expressly and in writing. Charlotte Chesnais may need to amend certain provisions of its General Conditions without notice and, accordingly, these conditions must be re-read before any order is placed on the www.charlottechesnais.fr website (hereinafter referred to as the "Website").
The General Conditions are accessible at any time on the Website and prevail, if applicable, over any other version or any other contradictory document.Such amendments shall be binding upon their being put online and shall not apply to contracts concluded previously. Each purchase from the Website is governed by the General Conditions applicable at the date of the order. The buyer acknowledges having read these General Conditions and accepted them by checking the box provided for this purpose, before completing an online order. By checking this box, you undertake to abide by these General Conditions and by the Conditions of Use herein.
Placing an order
The buyer can order online, via the online catalogue and order form provided therein.
The ordering process consists of three (3) steps.Once You have chosen your Products (size, colour and quantity) and submitted your order, You must:
create an account, or sign in if you already have one;
accept the General Conditions by checking the box provided for this purpose on your order summary page (entitled "Order review")
choose your preferred payment method.
Once you have chosen your payment method, you must make the payment for your order, thereby concluding the sale contract binding you to Charlotte Chesnais.
Any order constitutes acceptance of the prices and descriptions of the products available for purchase. Any objection in this respect shall be made in the context of a possible exchange and the guarantees mentioned below.
In certain cases, in particular failure to pay, an error in the address provided or another problem with the buyer’s account, Charlotte Chesnais reserves the right to block the buyer’s order until the problem is resolved.
If a product ordered is not available, the buyer shall be informed by email.
The order will therefore be cancelled and, if applicable, reimbursed. The rest of the order shall remain firm and definitive.
For any question regarding the order tracking, the buyer can refer to the order tracking number received in the order confirmation email, or send an email to merci@charlottechesnais.fr
Product information
The products governed by these general terms and conditions are those featured on the website and which are marked as being sold and dispatched by Charlotte Chesnais. They are available while stocks last.
Charlotte Chesnais products are described and presented with as much accuracy as possible. Nonetheless, Charlotte Chesnais cannot be held liable if such descriptions are characterised by errors or omissions.
Product photographs are not contractual.
Prices
Charlotte Chesnais reserves the right to modify its prices at any time, but undertakes to apply the price indicated when orders are placed, subject to availability on this date.
The prices are given in euros. They do not include delivery costs, which are charged separately and indicated before validation of the order. The prices take into account vat applicable on the order date and any change in the applicable vat rate will be automatically reflected in the price of the products in the online store. The price must be paid in full when ordering. The amounts paid cannot, under any circumstances, be considered as a deposit or advance payment.
Payment and Electronic Signature
The price is payable in full, on the day the order is placed by the buyer.
The following payment methods are accepted by Charlotte Chesnais:
Payment by bank card (Carte Bleue, Visa or MasterCard)
Payment by PayPal
Charlotte Chesnais reserves the right to suspend the processing or delivery of any order if a payment by credit card is declined by the officially accredited organisations or in the event of non-payment. In particular, Charlotte Chesnais reserves the right to refuse to make a delivery or fulfil an order placed by a buyer who has not partially or fully paid for a previous order or with whom a dispute concerning payment in ongoing.
The provision online of the buyer’s credit card number and final validation of an order shall constitute proof of the buyer’s consent in accordance with the provisions of the law of 13 March 2000 and constitute:
liability for payment of the amounts due with respect to the order form,
signature and express consent to all operations carried out
In case of fraudulent use of their credit card, the buyer is invited, as soon as such use is observed, to send an email to merci@charlottechesnais.fr
The bank's authorisation server is secured by S.S.L (Secure Socket Layer) encryption to provide optimum protection for all means-of-payment data.
Proof of Transaction
Computerised records, stored on Charlotte Chesnais’ computer systems under reasonable security conditions, shall be considered proof of communication, orders and payments made between the parties. Order forms and invoices are archived on a reliable and sustainable medium which can be produced as proof.
Returns
On receipt of his/her order, the buyer shall check the compliance of the Products received in performance of that order. Any anomaly affecting the delivery (namely: missing or damaged Products, damaged parcels) must first, without fail, be noted on the delivery slip in the form of handwritten, signed reservations to the carrier.
Following this, any anomaly must be reported as soon as possible after receipt of the products to the Charlotte Chesnais buyer care team:
By letter via ordinary post to Charlotte Chesnais, 2 rue de Valois, 75001 Paris, France
By e-mail at merci@charlottechesnais.fr
In the case of a delivery error, the buyer shall make any claim regarding an error and/or the non-compliance of the nature or quality of products in relation to the indications on the order form, to Charlotte Chesnais within three working days after delivery. Any claim made after this deadline will be rejected.
The claim can be made by the buyer by email, to merci@charlottechesnais.fr
Any claim not made in accordance with the regulations defined above and within the given deadlines cannot be taken into account and will release Charlotte Chesnais from any liability vis-à-vis the buyer.
In the case of a delivery error, any product to be reimbursed shall be returned to Charlotte Chesnais in full and in its original packaging to the following address: Charlotte Chesnais, 2 rue de Valois, 75001 Paris
The return costs are taken care of by Charlotte Chesnais. A shipping label will be provided based on the pick up information indicated by the buyer.In the event of abnormal or unreasonable returns, CHARLOTTE CHESNAIS may refuse to honour any future order.
Right of Withdrawal
In accordance with the applicable legal provisions, the buyer has a period of fourteen (14) days from the date of receipt to exercise his/her right to withdraw from the contract with Charlotte Chesnais, without having to provide any explanation or pay any penalty, provided that the product(s) is (are) returned in its (their) original condition, neither worn nor washed, within fourteen (14) days of communication of the decision to withdraw.
Damaged, soiled or incomplete Products will not be accepted.
The Product(s) must be returned in its (their) original inner and outer packaging, to the following address: Charlotte Chesnais, 2 rue de Valois, 75001 Paris, France
The right of withdrawal may be exercised by contacting the buyer care team:merci@charlottechesnais.fr
The parcel return costs shall be borne by Charlotte Chesnais. Following internal validation of the return request, the Charlotte Chesnais. buyer care team will send you a prepaid return label by e-mail for you to affix to the parcel. If the above-mentioned conditions are fulfilled, Charlotte Chesnais shall provide the buyer with a refund in the amount of his/her order (excluding the shipping fees) on the date Charlotte Chesnais receives the products.
Warranty
The products sold are covered by a commercial guarantee intended to guarantee their conformity and ensure the reimbursement of the purchase price, the replacement or repair of the products.
It does not cover occasional defects caused by abnormal or incorrect use or resulting from a cause independent from the intrinsic qualities of the products.
The aforementioned provisions are not exclusive of the application of the legal guarantee of compliance set forth in article l. 211-4 of the consumption code and the guarantee regarding the object sold set forth in articles 1641 and following of the civil code.
Transfer of ownership – transfer of risks
The transfer of ownership of the Products to the buyer will take place after payment of the price by the latter, and this regardless of the delivery date of the Products.
Pursuant to the provisions of Article L138-4 of the French Consumer Code, the transfer of risk of loss and damage to the Products will occur only when the buyer takes physical possession of them.
Intellectual property
The entire content of the Charlotte Chesnais website (illustrations, texts, wordings, trademarks, images and videos) is the property of Charlotte Chesnais. Any reproduction of all or part of the content by any process and on any medium whatsoever requires the prior and express permission of Charlotte Chesnais.Charlotte Chesnais is not authorised to give You permission to copy, display or distribute any content for which You do not possess the intellectual-property rights. Any use of such content in breach of the rights held in it by third parties constitutes an infringement offence, incurring severe penalties under the French Intellectual Property Code (Code de la Propriété Intellectuelle).Under no circumstances will Charlotte Chesnais be held liable for a User's infringement of rights held by third parties where such infringement is committed by virtue of such User's activity on the Website.
Miscellaneous Provisions
Force Majeure
Any circumstances beyond the parties’ control hindering the performance, under normal conditions, of their obligations, are considered as causes of exemption from the obligations and result in the suspension thereof.
The party which invokes the circumstance referred to above must immediately warn the other party thereof, as well as of the end thereof.
Force Majeure events shall include all elements or circumstances which are unavoidable, not caused by and outside the control of the parties, unpredictable, inevitable, and which cannot be prevented by the parties, despite all reasonable efforts. Other than those events generally confirmed by the case law of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: the blockage of means of transport or supply, earthquakes, fires, storms, flooding, lightning, the breakdown of telecommunication networks or difficulties specific to the telecommunications networks external to the customers.
The parties shall come together to assess the impact of the event and agree on the conditions pursuant to which the contract will continue to be performed. If the force majeure event continues for more than three months, these general terms and conditions can be terminated by the injured party.
Partial non-validation
If one or more provisions of these general terms and conditions are deemed invalid or declared invalid in accordance with a law, regulation or following a definitive judgement of a competent court, the remaining provisions shall remain effective and binding.
Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any specific obligation set forth in these terms and conditions cannot be interpreted as a waiver of the obligation in question in the future.
Governing law
These general terms and conditions shall be governed by French law, with the exception of the provisions of the Vienna convention. The same is true for the substantive and procedural rules. In the case of a dispute or claim, the buyer shall contact Charlotte Chesnais, as a priority, in order to seek an amicable solution. Otherwise, the buyer may initiate proceedings before the court of its choice.
Legal Information
Publisher : CC&RASPAIL - SARL with a capital of €10,000 domiciled at 16 rue Cassini 75014 Paris - Siret 80788714600015
Contact: merci@charlottechesnais.fr
Art Direction by M/M (Paris)