GENERAL TERMS AND CONDITIONS OF SALE
Effective Date: July 2021
PREAMBLE AND LEGAL NOTICE
The website www.carven.com (hereinafter referred to as “Site”) is published and operated by CARVEN FRANCE, a “Société par actions simplifiée” (limited liability company) duly incorporated under the laws of France, with a capital of 7 000 000,000 euros, registered in the Trade and Companies Register of Paris under the No. 844 191 981, whose registered office is located at 10 Rue de l'Abbaye, 75006 Paris - Telephone number : +33 1 42 25 66 52.
The Site publishing director is: Carven France
The Site is hosted by: OVH, 2 rue Kellermann, 59100 ROUBAIX.
The purpose of theses General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) is to define the terms and conditions of the sale of Products to the Customer. Throughout the Site, the terms “we”, “our” and “CARVEN” refer to CARVEN FRANCE. Please read the present GTCS carefully before placing an order on the Site.
ARTICLE 1 SCOPE OF APPLICATION AND ACCEPTANCE OF THE GTCS
1.1 The purchase of CARVEN branded products offered on the Site (hereinafter the “Products”) is subject to these GTCS.
1.2 The Products are exclusively intended to be sold to end consumers for their personal use with the exclusion of all resellers or intermediaries acting on behalf of resellers (hereinafter “Customer”, “you” or “your”).
1.3 The Products ordered via the Site are delivered in the entire world.
1.4 We reserve the right to update, modify or replace any part of the GTCS by posting updates and/or changes to the Site. You can view the applicable version of the GTCS at any time by clicking on the hyperlink labelled “General Terms and Conditions of Sale”. The GTCS applicable to the orders 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 GTCS in force at the time when the order is placed.
ARTICLE 2 AVAILABILITY OF PRODUCTS
2.1 Products offered for sale are those listed on the Site the day of their consultation by the Customer. Each Product will have a description, which, in addition to photography, includes: price, availability of sizes and colors, compositions and special features.
2.2 Despite the care taken in the presentation of the Products on the Site, variations 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. CARVEN cannot be held responsible for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Site.
2.3 Exceptionally, errors or changes may be made, notably in case of simultaneous orders of the same Product by several Customers. If a Product is unavailable after ordering, we will inform you by e-mail or by telephone as soon as possible. You will have the choice to receive the rest of your order, or to cancel your order. CARVEN shall not be held liable in the event of stock shortage or unavailability of Products offered on the Site.
2.4 CARVEN reserves the right to change the Products offered on the Site at any time and without any prior notice.
2.5 In order to ensure a better quality of service and availability of our Products for all Customers of the Site, CARVEN reserves the right to limit the quantity of Products which can be purchased per Customer or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
ARTICLE 3 ORDER
Any order placed on the Site implies the Customer’s full acceptance of the GTCS without reservation.
3.1 User Account
3.1.1 You will be required to register a user account with us in order to place orders from the Site. All the information required and steps necessary for creating an account with us are specified on the Site.
3.1.2 You agree to keep the details of your user name and password confidential. You recognize any access to and/or use of your user account, and any information, data or communications referable or traceable to your username and password shall be deemed to be: (a) accessed to and/or used by you; or (b) posted, transmitted and validly issued by you. You agree to be bound by such access to and/or use of your user account (including access and/or use for the purchase of, and the placing of orders for, any Products) even if you did not authorize such use, and you agree that we are entitled, but not obliged, to act upon and hold you responsible and liable for such action, as if it was carried out or transmitted by you.
3.1.3 If we have reason to believe that there is likely to be a breach of security or misuse of the user account, we may require you to change your username or password, or we may suspend your user account without prior notice.
3.1.4 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, so that we can complete transactions and contact you as needed.
3.2 Order Process
3.2.1 Selecting products: You select the chosen Products and add them to the shopping basket after having selected the desired size and color.
3.2.2 Checking the content of your selection: you may check the content of your basket while having the opportunity to change, delete or add the Products.
3.2.3 Confirmation of delivery and billing details: you will be required to confirm the shipping method and to enter the delivery details needed to ship your order successfully. Unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery.
3.2.4 Confirmation of payment method: you will be prompted to select a payment method and enter the relevant information. For more information concerning payment method, please refer to the section 4 “Price and Payment” below.
3.3 Order Acceptance
3.3.1 After the payment is accepted, the Customer will receive an email summarizing the articles ordered, the billing and delivery address as well as the shipping method.
3.3.2 If a part of your order is not available due to but not limited to a shortage of stock, we will contact you to decide if you want to proceed with the available part of your order or if you want to cancel it all:
(a) If you decide to proceed with the available part of your order, then an email confirming shipment of the available part of your order will be sent to you. In such case, the amount held by us in respect of the non-available part of your order will be returned to you and we shall not have any further liability to you in respect to such non-available part of your order.
(b) If you decide to cancel it all, the amount held by us in respect of your order will be returned to you and we shall not have any further liability to you in respect to such cancelled order.
3.4 Refusal of Order
CARVEN reserves the right to not accept any order placed by a Customer with whom it has a dispute concerning a prior order, or if CARVEN has reasonable cause to suspect that such Customer has violated these GTCS, or is engaged in any fraudulent activity (including fraud or attempted fraud on the occasion of previous orders), or for any other legitimate grounds (including but not limited to non-payment or partial payment of any amount due by such Customer).
ARTICLE 4 PRICE AND PAYMENT
4.1 The prices of Products are in Euros or in American Dollars, where applicable, tax included for France and Europe, but tax excluded for all other countries, and delivery costs excluded. All orders must be settled immediately at the time of ordering
4.2 CARVEN reserves the right to modify the prices of Products on the Site at any time and without any prior notice. The prices applied are those displayed on the Site at the time when order is placed.
4.3 CARVEN exercises regular controls to verify that the prices charged or displayed on the Site are correct. However, occasionally there may be information on the Site that contains errors (e.g. IT bug, human error, technical error etc.), inaccuracies or omissions that may relate to pricing, promotions, offers or product shipping charges. If CARVEN notices any of such errors, inaccuracies or omissions in the order, the Customer will be informed as soon as possible. CARVEN reserves the right to cancel such affected order in case of significant price errors, even if it has been initially validated and unless the Customer accepts to pay the actual price of the Product.
4.4 The methods of payment accepted include:
4.4.1 Payment by credit card or debit card: we accept payment by the following credit cards and debit cards: Carte Bleu, Visa, Master Card, American Express.
4.4.2 Payment via apps: Paypal.
4.5 The payment carried out on the Site is secured by third party banking and credit institutions. No banking information regarding the Customer transits via the Site.
4.6 During payment, the banks/credit institution ask Customer for his/her personal information in order to check the identity of the card/account holder and to validate the transaction. Authentication is specific to each bank/ credit institution. For any question concerning your payment, please contact the relevant bank / credit institution directly.
4.7 Your order will only be dispatched after your payment method has been verified and upon receipt of full payment of your order.
ARTICLE 5 TITLE RETENTION
The Products ordered remain the property of CARVEN until full payment of the Products has been received by CARVEN. The Customer assumes the risks (in particular regarding loss, theft or damage) relating to the Products delivered from the time that they are delivered to the address specified when placing the order.
ARTICLE 6 DELIVERY
6.1 Delivery Address
The Products are delivered to the delivery address indicated by the Customer during the ordering process.
6.2 Delivery Time
The delivery time varies depending on the shipping address.
6.3 Delivery Costs
Delivery costs are calculated on the basis of the delivery address and method of shipment (e.g. standard delivery, express delivery). The price of shipping will be due in addition to the price of the purchased Products.
6.4 Delivery Problems
6.4.1 Any failure to deliver, late delivery, unavailability or delay in availability of your Products ordered, exceeding the estimated delivery time must be reported to our Customer Service (firstname.lastname@example.org) as soon as possible. In case the Products have not been delivered within 30 days as of the order, and further to a formal notice to perform the delivery within a reasonable timeframe, the Customer shall have the right to cancel the order, and be reimbursed of the Product purchase price. CARVEN shall not be responsible for any delivery failure due to the indication of incorrect delivery information by the Customer at the moment of the order.
6.4.2 You should check the conformity of the Products delivered at the time of delivery and before signing the carrier’s delivery note. If any anomalies are found (e.g. open package, damaged goods, etc.), you should indicate on the delivery note and inform of handwritten reservations any anomalies concerning the delivery.
6.4.3 In the event of reservations regarding the delivery, you should then notify the Customer Service of CARVEN by email as soon as possible, and in any case no later than fourteen (14) calendar days following the receipt of the Products. Exceeding this period, and apart from hidden defects and claims related to product legal warranty, no claims will be accepted by CARVEN.
6.5 If it is decided that the Products must be returned to CARVEN, you may return them pursuant to the terms and conditions set forth in section 7 – Right of Withdrawal.
ARTICLE 7 RIGHT OF WITHDRAWAL
7.1 Right to Withdrawal
Pursuant to Article L.221-18 et seq. of the French Consumer Code, Customer has the right to withdraw an order placed on-line within fourteen (14) days upon receipt of the Products, without having to provide a reason or incur penalties, with the exception however of covering the return costs.
7.2 Exception to the right of withdrawal
Pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:
7.2.1 Goods that were manufactured according to the Customer’ specifications or that are clearly personalized, or which cannot be returned, or are likely to deteriorate or expire rapidly;
7.2.2 For reasons of hygiene, textile products delivered with hygienic seals when the latter seals are removed, clothes that were visibly worn and/or washed, jewels such as piercings and earrings.
7.3 Procedure of Withdrawal
In order to exercise this right, the Customer shall follow the proceedings as described below:
7.3.1 Withdrawal request: the Customer shall make the withdrawal request from his/her customer account - "My Orders" section. No return of Products will be accepted without this prior declaration.
7.3.3 Return of Product: Products must be returned in their original packaging (including packaging materials such as dust bags, accessories etc.), undamaged, with its label and tags attached, and not worn. We reserve the right not to accept the return of any Product if such conditions are not respected.
7.3.3 Shipping: with the prepaid return label, you shall return your parcel to the address indicated in the email within a maximum of thirty (30) days by DHL. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. We will not be liable if any Product you wish to return is lost, sent to the wrong address or delivered late, and you shall be solely responsible for any loss you may suffer as a result of or in connection with the shipment method you have used.
7.3.4 Following the assessment of the returned Products, we will notify you whether we have accepted the request for return of the Products:
(a) in the event that we have accepted the return of the Products, the terms set out in Section 7.4 shall apply;
(b) in the event we have not accepted the return of the Products, you can choose between:
- i) destruction of the Products, without any reimbursement or
- ii) receipt of the Products, at your costs and expense.
If a refund has been requested, we will process the refund within fourteen (14) days of the receipt of the returned Products. The refund shall be issued via the same payment method and in the same currency used for the order, and it can also be done in a shop. Please note that the time for your bank to issue a refund to your card will vary, depending on the processing times. We have no control over this process, and shall not be held liable for any delay.
If it appears that you have paid, directly to the competent authorities, any tax or duty whatsoever when importing the Product you wish to return, CARVEN shall not incur any liability related to or in connection with any request for reimbursement of such taxes and duties by such authorities, or with the possibility or impossibility of obtaining such reimbursement.
CARVEN will refund the amount including VAT of the items returned to the Customer (price of the item(s)) excluding delivery costs. In the event that delivery costs were included in the amount of the order, these will not be refunded.
ARTICLE 8 LEGAL GUARANTEES
All products sold on the Site are subject to the legal warranty of conformity (Articles L. 217-4 and seq. of the French Consumer code) and to the warranty against hidden defects (Articles 1641 and seq. of the French civil code).
8.1 Warranty of Conformity
CARVEN shall deliver to the Customer products which conform to the sales contract and are exempt from any defects at the time of delivery of the said Products, to the extent that the Product will be as described, fit for purpose, and of satisfactory quality.
8.2 Warranty against hidden defects
CARVEN shall deliver to the Customer products free from hidden defects that would make it unfit for the use for which it was intended, or that substantially decrease its use.
8.3 If the Product does not comply with the requirements set out in section 8.1 and 8.2 hereof, Customer may, during the period of two (2) years upon the delivery of the product (for the guaranty of conformity) or the discovery of the defect (for the warranty against hidden defect), request for the Product to be repaired or replaced, at our cost.
8.4 If the repair or replacement of the defective Product is impossible or disproportionate in cost to CARVEN, you shall not be entitled to seek reparation or replacement of the Product, and you may instead request or a reduction in price or a refund.
ARTICLE 10 LIMITATION OF LIABILITY
We shall not be liable to you for:
10.1 Any indirect, consequential, special and punitive damages, or for any damages resulting from loss or interruption of business, lost data or lost profits, arising out of or relating to these GTCS, whether liability is based on contract, breach of warranty (express, limited or otherwise, or whether asserted in contract, tort (including negligence and strict product liability) or otherwise, and irrespective of whether we have advised or been advised of the possibility of any such damages; or
10.2 Any losses suffered or incurred, whether directly or indirectly, arising out of or in connection with your use of any Product, including any damage arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and/or working conditions, alteration, or modification of any Product, or any failure to comply with our (or any third party’s) instructions on the use of such Product (whether written or otherwise),
save where such liability arises out of our failure to comply with our obligations under these GTCS or prescribed under applicable law.
ARTICLE 11 FORCE MAJEURE
We shall not be liable to you or be deemed to be in breach of these GTCS by reason of any delay or failure in the performance of any of our obligations under these GTCS if such delay or failure was due to a Force Majeure Event as defined by French law. We shall notify you of any delay or failure arising due to a Force Majeure Event.
ARTICLE 12 APPLICABLE LAW – JURISDICTION
12.1 These GTCS are governed and construed in accordance with the laws of France.
12.2 In the event of any dispute arising out of or in connection with or in relation to the application or interpretation of these GTCS, the Customer is invited to contact CARVEN ’s Customer Service for an amicable solution.
12.3 The Customer can also use a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Decree of Application No. 2015-1382 of October 30, 2015, and subject to Article L612-2 of the French Consumer Code, any consumer dispute may be submitted to mediation by CMAP (Centre for mediation and Arbitration of Paris).
To submit a dispute to the mediator, the Client shall fill out the form on the CMAP website: www.cmap.fr tab "You are: a consumer," send his request by simple or recommended mail to CMAP Mediation Consumer, 39 Franklin D. Roosevelt Avenue, 75008 PARIS, or send an email to email@example.com. Whatever the method used to refer to CMAP, in order to be processed quickly, the Customer’s request must contain the following: their postal, email and telephone contact details as well as CARVEN's full name and address, a brief description of the facts and evidence confirming that they first tried to solve the dispute with CARVEN.
12.4 The Customer remains free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.
12.5 If no amicable solution can be reached and no recourse is made to mediation, either party may submit to the exclusive jurisdiction of the courts of France in respect of such dispute.
12.6 In addition, the European Commission provides an extrajudicial dispute resolution platform (OS platform). The Client may contact the European Consumer Centre or go to the https://ec.europa.eu/consumers/odr.
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