General Terms and Conditions

Preamble

The business activity of the company The Other Store is the creation, design and commercial operation of merchant websites, including the sales and back-office activities, on behalf of its client’s accounts, as well as the associated activities such as the emphasis of the web sites and the promotion of the products sold.

The Other Store has therefore been entrusted with the creation and management of the https://www.carven.com/en_uk/ website (hereinafter referred to as “the Site”) on its behalf but for the account of the company Carven, a public company with a capital of 3 075 500 euros. Carven's head office is situated at 10 rue de l'Abbaye 75006 Paris; registered with the CRN of Paris N° 481 959 914.

Between

The company (hereinafter referred to as “The Other Store”), a simplified joint stock company with a capital of 155.859,00 euros, where the head office is situated at 11 rue de Poissy, 75005 Paris, registered with the CRN of Paris (RCS de Paris) N° 508 514 494

VAT N°: FR5050851449400014.

And

All non-trading individuals, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by www.carven.com (hereinafter referred to as “the Customer”) and carries out a purchase of a Product on the Site.

For the purposes hereof, it is agreed that the Customer and The Other Store will collectively be called the “Parties” and individually the “Party”.These general conditions, (hereinafter referred to as the “General Terms and Conditions for Sales”), governs unrestricted sales of the Products carried out by The Other Store for Carven from the Site.

The Other Store reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Site. The General Terms and Conditions for Sales applied are those that are in effect on the Site on the date that the Customer places an order; understanding that any order of a Product placed on the Site, binds the Customer to the General Terms and Conditions for sales in force at the time when the order is placed.

Article 1 . Object

These General Terms and Conditions for Sales are intended to define the conditions under which the Products are marketed by The Other Store on behalf of Carven to the Customer. They deal with the different steps in the sales progress from the moment the Customer places his order.

Article 2 . Products

Products offered for sale by THE OTHER STORE on behalf of Carven are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will be a description, which, in addition to photography, includes: price, photography, availability of sizes and colors, compositions and special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.

The Other Store is committed to delivering products that meet the applicable regulations relating to safety and health in accordance to the European clauses, and in particular the legislation on chemical regulations.

Article 3 . Price

The prices are indicated in euros, tax included, and delivery costs excluded; understanding that the value added tax is that which is in force on the French metropolitan territory on the day that the order is validated.

The prices applied are those given on the Site and confirmed when the Customer confirms his order.

The delivery costs are shown on the order summary before the Customer confirms the latter and includes all taxes. These costs are at the expense of the Customer and are invoiced in addition to the sale price of the Products.

The transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the site at the time the order was placed.

We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.

Article 4 . Order and payment of the Products

• 4.1 Placing an order

The Customer completes his order by filling in the following 5 steps :

Step 1: The Customer selects the chosen Products and adds them to the shopping basket after having selected the desired size and colour.The basket at the top and to the right of the screen shows the Customer that it has taken into account his selection by indicating the number of Products it contains.

Step 2: The Customer may check the contents of his basket by clicking on “order” to have access to the summary of his order. The Customer may change his order (Product, size, quantity). The total amount of the order, taxes included, are shown in the summary and are distinguished by the price of the Products and the delivery costs.

Step 3: Once the order has been checked and, if necessary, changed, the Customer validates his basket in order to finalise his order by re-clicking on “order”.If the Customer has a promotion code, reserved for best Customers, he must enter it in the space provided, in order to take advantage of this promotion.

Step 4: Input by the Customer for delivery and billing details.
Apart from the date of birth, address and delivery information, it is necessary that all the fields are filled in for the finalisation of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery.If the Customer has previously ordered on the Site, then he has a Customer account. If this is the case, he may identify himself using only his email address and password.The Customer then checks all the information and clicks on “validate” for the follow up of his order.

Step 5: Input of banking details.
The Customer then accesses the screen for secure payment with the partner of The Other Store as specified in article 4.3 below.Payment carried out online is uniquely paid by credit/debit card. The Customer must enter his credit/debit card number, the validity date, as well as the 3 visual cryptogram numbers found on the reverse side of the card, understanding that in the case of payment with an American Express card, the Customer must enter 4 numbers. If the payment is accepted, the Customer will be redirected to the screen where the order is confirmed on the Site.

In the case where the payment fails, the Customer will have up to 3 attempts to re-enter his banking details. After the 3rd attempt, the Customer will be redirected to a screen on the Site that shows the refusal for payment. The Customer will be invited to contact the Customer service of Carven to find out the reason for the non payment, and to find a solution to finalise the order.

• 4.2 Confirmation of the order

As soon as the payment is accepted, the Customer will receive an email confirming his order, summarising the articles ordered, the billing and delivery address as well as the delivery date.

The validation of the order by the Customer and the confirmation of the order is sent to the Customer by email by The Other Store on behalf of Carven, following the payment being accepted and concludes a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales.

The Customer having placed an order has the possibility to print his invoice by connecting to the follow-up of orders space provided for on the Site. The Other Store reserves the right to not validate an order in the case of:

  • abnormal or abusive claims,
  • abnormal orders with regards to the quantities ordered,
  • abnormal or abusive exchanges or returns,
  • existing litigation with the Customer.

The Carven Customer service is available for all questions relating to the Customers order. The Customer service is available by email (customer-service@carven.fr), and by telephone +33 (0) 1 42 25 62 03, Monday to Friday from 10am to 6pm (French local time).

• 4.3 Payment

The price of the Products purchased are payable in cash, in full on the day that the Customer places the order. The payment is carried out online with a bank card (Carte Bleue, Visa, Eurocard/Mastercard/ American Express/Alipay/JCB/Sofort/ELV/SEPA/IDEAL/BCMC) at the time when the order is confirmed by the Customer.

The request for a direct debit on the card is carried out the moment that the order is validated on the site, except if the servers are unavailable. The Other Store reserves the right to carry out a new request for a direct debit in the case where the first request was not successful due to the unavailability of the servers.

In the case of non-payment, an incorrect address or any other problem with the Customers account, The Other Store reserves the right to block the Customers order until the problem is resolved. In the case of fraudulent use of his credit card on the Site, the Customer is invited to contact Carven at the following number: +33 (0) 1 42 25 62 03, Monday to Friday from 10h to 18h or by email at the following address: (customer-service@carven.fr).

The transactions carried out on the Site are secured by the payment partner of The Other Store, the company Ogone SAS, a simplified joint stock company with a capital of 40.000 euros, and the head office is situated at 5 rue de Rochechouart, 75009 Paris and is registered with the CRN of Paris (RCS de Paris) N° 435 236 898.

All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of The Other Store. Ogone verifies that the connection with the Customers navigator is secured before sending the payment form to the banking institution that carries out the financial transaction. Ogone is a technical service, and does not deal with litigations linked to the orders which are processed directly by the Customer service as specified above or if need be with the Customers bank.

• 4.4 Filing of an order

The confirmation of an order is registered on the records of The Other Store, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.

Article 5 • Delivery

The day following the payment for the order, Carven delivers the orders with a delivery note within a maximum delay of five (5) working days for a delivery to France mainland, and ten (10) working days for a delivery to all other destinations.

All orders registered on the Site, Monday to Friday before 14h00 will be processed the same day; after 14h00, they will be processed the next day. All orders placed on Friday after 14h00, on Saturday and Sunday will be processed the following Monday; understanding that orders placed on bank holidays will be processed the next working day.

In the case where the delivery delay is exceeded, and not justified by a force majeure, the Customer may request a cancellation of the sale and obtain a refund within a maximum delay of thirty (30) days.

For orders outside of France, when the exported package reaches its destination, the recipient must pay the taxes or customs duty that apply to the country of destination. Local authorities can provide this information.

Article 6 • Receipt of the order – Claims – Returns

The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as:

  • damaged package,
  • missing products,
  • damaged products
  • products non compliant to the order,

must be addressed within legal delay after receipt of order.

This notification will be conveyed to the Carven Customer service either :

  • By registered mail, or by writing to the following address: Carven, 2 Rue Etienne de Montgolfier, Z.I Péchiney - Bat. Intercal 77515 POMMEUSE.
    Or:
  • By email to (customer-service@carven.fr).

After this delay, and apart from hidden defects, no claim will be accepted by The Other Store, the Products are therefore considered to be conform.

To return non-conform products, the Customer must respect the following procedure:

  • The Customer must enclose in his package the return authorisation previously completed and printed with the help of the return form accessible from the Customer space – Section – “My Orders”. No return will be accepted without the aforementioned return authorisation duly completed.
  • Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website to this address :

    Carven, 

    2 Rue Etienne de Mongolfier 

    Z.I. Péchiney - Bat. Intercal 

    77515 Pommeuse FRANCE

  • The Customer is liable for the risks and costs for the return of the Products. When the non-conformity is acknowledged, The Other Store will propose to the Customer either:
  • The replacement of the Product/s, at the expense of The Other Store, or
  • The refunding of the order( Product price and delivery cost)as well as the expenses incurred for the return of the non-conform Product, within a delay of fourteen (14) days from the date that the notification confirming the non-conformity was sent by the Carven Customer service.

In the case of a refund, Carven assures to refund in full the products returned conform, as well as the shipping expenses, with the exception of the taxes and custom duty paid by the Customer for the delivery. In the case of abnormal or abusive claims, Carven may refuse to accept future orders.

Article 7 • Right of withdrawal

The Customer has, within a period of fifteen (15) working days from the date of receipt of his order to return the Products, without any justification or penalty.

For all returns within the context of the right of withdrawal, the procedure below must be completely respected:

  • The Customer must enclose in his package the return authorisation previously completed and printed with the help of the return form accessible from the Customer space – Section – “My Orders”. No return will be accepted without the aforementioned return authorisation duly completed.
  • The Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to: 

    Carven

    2 Rue Etienne de Montgolfier 

    Z.I. Péchiney - Bat. Intercal 

    77515 Pommeuse

    France

  • The Customer is liable for the risks and costs for the return of the Products.

Subject to the conditions stated above, The Other Store will refund the total amount of the order, including tax, to the Customer (Product price and delivery costs) not including the return costs. The Customers bank account will be credited with the said amount, within thirty (30) days from the date when Carven receives the Products.

Article 8 • Personal Data

The Other Store collects certain information that is necessary for the processing of the orders.This data is not only necessary for the processing of the Customers order by The Other Store, but also to convey to the Customer information on the Carven brand name on the Site, or to allow him to take advantage of Carven promotions; if the Customer agrees when confirming his order.

The information is strictly confidential and when necessary is identified by an asterisk (*) for The Other Store, and / or its contractors as part of the management of the Customer's order.Following any injunction or in order for legal authorities to defend its rights, or those of its employees, customers or anyone else, The Other Store may disclose such data to organisations and legal authorities entitled to this information.

The Other Store is committed to taking all precautions to ensure the security of its files and to protect its computer system, and to prevent the information of the Customer being distorted, damaged or a non-authorised third party having access to this information.

The personal information of the Customer is sent and stored at the hosting site which is situated in France, whose details are shown on the site under the section “Legal Notice”.According to the “Data Protection and Civil Liberties Law” of January 6, 1978, as amended by the Act of August 6, 2004, the Customer has the right to access, rectify, modify and delete all data pertaining to him.

The site is registered with the National Commission for Information Technology and Civil Liberties (CNIL) N° 1351361. The Customer may exercise this right by writing to the following address or email address, stating their name, email and mailing address:

The Other Store

E-boutique Carven

11, rue de Poissy

75005 Paris

France

By email to customer-service@carven.fr

The Customer may also change his personal details from his customer space by using his email address and password for identification. 
Article 9 Cookies

Article 9 • Cookies

In order to process the Customer's order, and in order to better understand their needs and to customize the services offered on the Site, The Other Store uses cookies. A cookie is a file stored on the hard disk of the Customers PC and its purpose is to indicate when the Customer is logged onto the Site.

The cookies memorize, the time that the Customer spends on the Site,his identity (known through his e-mail address and password) and the contents of his basket.

Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently deleted.

The Customer may object to the registration of cookies by configuring his internet navigator. By doing this he loses any personalized service that is offered on the Site.

Article 10 • Limitation of Liability

Ordering on the site implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, deconnection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.

The Other Store can not in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line or any other technical connection, and when a Customer connects to the Site he does this under his full responsibility.

Article 11 • Force Majeure

The Other Store is not responsible for all or part of the non-performance of its obligations under the order placed by the Customer, if such a non-performance is caused by an event constituent of a force majeure such as that defined by positive law.In such a case, The Customer Service will inform the Customer by email that such an event has occurred within a delay of three (3) days following this incident.

After a period of 1 (one) month, and in the event where the force majeure persists, the order will be cancelled and will be subject to a refund from The Other Store on the credit card used for the payment of the order within a maximum 30 (thirty) days.

Article 12 • Applicable Law

If any of these General Terms and Conditions for Sales is found invalid, illegal or non-opposable by a court of law, the other provisions of these General Terms and Conditions for Sales will remain in effect.

The General Terms and Conditions for Sales are performed and interpreted according to French law.

In the case of litigation the customer should first contact The Other Store to find an amicable solution and failing this, the common law courts have exclusive jurisdiction.