Any online purchase made on the website charlot-paris.com is subject to prior review of these general terms and conditions of use and sale and implies their unreserved acceptance.
LEGAL NOTICE
These General Terms and Conditions of Sale (hereinafter the "GTCS") are offered by the company CHARLOT, a simplified joint-stock company with a capital of €1000, with its registered office at 10 rue du Cardinal Lemoine, registered in the Paris Trade and Companies Register under number 891705550 (hereinafter "Charlot Paris").
Its email address is hello@charlot-paris.com
Charlot Paris is the owner and publisher of the website https://www.charlot-paris.com (hereinafter the "Site").
The Site is hosted by Shopify Inc, domiciled at the following address: Shopify Inc. , 126 York St. , Ottawa, Ontario, K1N 5T5, Canada.
The publication director of the Site is Natan Sabbah.
1. Definitions
Item: Products of any kind offered for sale on the Site.
Customer: a non-commercial natural person with full legal capacity, placing the Order.
Order: commitment to purchase the Item or all of the Items selected by the Customer via the Site.
Site: website at the address charlot-paris.com
2. Purpose
The validation of an Order following the ordering procedure in force on the Site constitutes acceptance of the prices and the GTCS.
These GTCS prevail over any other document.
3. Characteristics of the items
The Items available for sale are those that appear on the Site within the limit of available stocks. Offers are valid as long as they are visible on the Site and the Customer can add the Item to their basket. Charlot Paris reserves the right to withdraw any Item from the Site from sale at any time and without notice and/or to replace or modify any information associated with the Items appearing on this Site.
In the event of the unavailability of an Item after placing their Order, the Customer will be informed by email, and their order will then be automatically cancelled. The characteristics of the Items (photographs, size guides, graphics, descriptions of the Items, etc.) are given for information purposes only and may vary over time. Only the visual of the Item displayed at the time of the Order should be taken into account by the Customer. The characteristics and visuals are non-contractual.
In the event of errors or omissions relating to the description of an Item, the liability of Charlot Paris is limited to the reimbursement of the standard return shipping costs (La Poste rate) for the Item incurred by the Customer.
4. Ordering items
The Customer declares to be at least 18 years old and to have legal capacity, or if they are a minor, guarantees that they hold parental authorization to place their Order. To place an Order, the Customer must follow the online purchasing process and click on "Order" to submit the Order. The validation of the Order by the Customer constitutes confirmation of acceptance of the GTCS, the content of the Order, its price, and the associated costs.
Any Order is subject to prior acceptance by Charlot Paris.
Charlot Paris reserves the right to cancel, delete, and refund any order qualified as abusive following too many returns or containing an excessive number of items ordered.
5. Price of items
Prices are indicated on the Site in euros, including all taxes (TTC), excluding participation in processing and shipping costs. They take into account VAT and any discounts applicable on the day of the Order.
The prices of the Products are exclusive of delivery charges (postage, packaging, and parcel preparation according to current amounts).
The amount of shipping costs is specified on the Site before validation of the Order. Charlot Paris reserves the right to modify the prices of the Items at any time, with the Items being invoiced on the basis of the rates in force at the time of validation of each Order. The price of the Items invoiced is therefore the one indicated at the time of the Order. Regarding sales outside the European Union, it is expressly reminded that customs clearance fees, the payment of various duties or taxes are the responsibility of the Customer; Charlot Paris cannot be held responsible for this.
6. Payment for the order
The Order is payable immediately by credit card (CB, Visa, MasterCard).
Regarding sales outside the European Union, it is reminded that customs clearance fees, the payment of various duties or taxes are the responsibility of the Customer. Transactions carried out on the Site are secured for the entry of payment data: card number, expiration date, and visual cryptogram.
7. Delivery conditions
The Customer will receive an Order number by email confirming its proper processing and will be informed of the different stages of their Order by email (at the email address provided by the latter). The ordered Items will be delivered within a period defined at the time of finalizing the order, without, however, being able to exceed thirty days from the registration of the Order, subject to full payment of the price. The Customer is offered several delivery methods chosen by the Customer and at the Customer's expense.
Standard shipping costs for France are free from €50 and amount to 3.9 euros inclusive of tax. The Customer is informed that it is their responsibility to provide the necessary details for the proper delivery of their Order (e.g., access code).
If the delivery address provided by the Customer is invalid and therefore results in the return of the package for non-receipt at the indicated address, the costs of re-shipping the package to the new address provided will be at the Customer's expense. The Customer assumes full and exclusive responsibility for the risks related to the Items from the moment of their delivery.
If a package is returned to us following a failure to collect it from a Mondial Relay point, 4.9€ may be deducted from the refund of the initial order if it takes place. A similar penalty may apply for an incorrect address or failure to collect the package.
Package indicated as delivered but not received
When a package is indicated as delivered by the carrier but the Customer declares not having received it, the Customer must inform Charlot Paris as soon as possible at the address hello@charlot-paris.com.
In order to allow the opening of an investigation with the carrier and the processing of the claim, Charlot Paris may ask the Customer to complete a sworn statement confirming that the package was not found in their mailbox, nor at their home, nor in any other place indicated as a drop-off point by the carrier, and that it was not received by a member of their household, a neighbor, a caretaker, or any designated third party.
This statement must be duly completed, dated on the day of its signature, and signed by the Customer. It must include the Order references and the delivery address concerned. Its transmission is necessary for the constitution of the claim file and the examination of a possible new shipment or a refund, without prejudice to the Customer's legal rights.
Charlot Paris may also request any additional document reasonably necessary for the investigation conducted with the carrier. The submission of an inaccurate or false statement is likely to engage the liability of its author.
8. Delivery times
The Items are delivered to the delivery address indicated by the Customer during the Order no later than the date indicated during the Order, depending on the country of delivery. Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier. Charlot Paris cannot be held responsible for delivery delays due to the Customer's unavailability.
9. Return - Right of withdrawal
In the event of delivery of an Item that does not correspond to the Customer's Order, the Customer may return said Item to Charlot Paris by following the procedure provided below. The Customer has the right to cancel their order at any time within a period of 14 calendar days following the date on which they received the products, without having to justify reasons or pay penalties. Beyond this period, the sale is considered firm and therefore final. If the Customer wishes to exercise their right of withdrawal, they must contact customer service at the address hello@charlot-paris.com and follow the instructions that will be given to them.
The Item(s) must imperatively be returned properly protected, in their original packaging (a carefully opened package will not be considered damaged packaging), and in perfect condition for resale (not damaged, not altered, not used, or soiled by the Customer). After verification of the returned Items, Charlot Paris undertakes to reimburse the Customer for all sums paid for their Order. Return costs are at the Customer's expense. Proof of return may be requested in the event of non-receipt of the latter.
We undertake to reimburse you using the same payment method as that used to pay for the order. If this has expired, we will only issue a credit note for the amount of the returned item(s), or of the entire order if it is returned in full. No refund will be made to another account or using a different payment method than the one used for the order.
10. Guarantees
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects of conformity existing at the time of delivery and the legal guarantee against hidden defects or faults of the Products sold. The Customer must notify the carrier and Charlot Paris of any reservations regarding the delivered Products. Any complaint regarding the Products, in particular in the event of a defective, damaged, non-conforming product, or apparent defect, must be notified by the Customer to Charlot Paris without delay by email to hello@charlot-paris.com, specifying the Product(s) concerned, the nature and type of defect. It is the responsibility of the Customer to provide all convincing evidence of the reality of the observed defect. Charlot Paris may request one or more photos of the Product. In the event of a return accepted by Charlot Paris, particularly in the event of a lack of conformity, the Customer will have the choice between the repair of the Item if possible, the refund, or the replacement of the Item with an equivalent Item offered by Charlot Paris.
In accordance with the provisions of the Consumer Code, Charlot Paris may not proceed according to the Customer's choice (repair or replacement) if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the Product or the importance of the defect. If repair and replacement are impossible, the Customer may return the Product and get the price refunded or keep the Product and get a part of the price returned. The liability of Charlot Paris and the warranty are excluded in the event of a defect resulting from the use of the Item by the Customer and in particular from abnormal use, poor maintenance, or failure to comply with maintenance instructions.
Reminder of applicable legal provisions:
Art. L. 211-4 of the Consumer Code: "The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was entrusted to them by the contract or carried out under their responsibility."
Art. L. 211-5 of the Consumer Code: "To be in accordance with the contract, the goods must: 1° Be fit for the purpose usually expected of similar goods and, where applicable: a) correspond to the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model; b) present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer, or their representative, in particular in advertising or labeling. 2° Or present the characteristics defined by mutual agreement by the parties or be fit for any special use sought by the customer, brought to the knowledge of the seller and which the latter has accepted."
Art. L. 211-7 of the Consumer Code: "Lack of conformity that appears within a period of six months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. The seller can rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked."
Art. L. 211-7 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned. The same faculty is open to them: 1° If the solution requested, proposed, or agreed upon in application of article L. 211-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for them given the nature of the goods and the use they are seeking. The resolution of the sale cannot, however, be pronounced if the lack of conformity is minor."
Art. L. 211-12. of the Consumer Code: "The action resulting from the lack of conformity is time-barred by two years from the delivery of the goods." Art. 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the Customer would not have acquired it, or would have given only a lower price for it, had they known about them." Art. 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."
11. Agreement on evidence
The Customer acknowledges and accepts that the Order registration systems serve as proof of all transactions between Charlot Paris and the Customer.
12. Liability
Charlot Paris reserves the right to modify at any time and without notice the information present on the Site. Charlot Paris undertakes to describe with the greatest accuracy the Items marketed on the Site and to ensure in the best possible conditions the updating of the information disseminated therein. However, Charlot Paris cannot guarantee the accuracy, precision, or completeness of the information made available to Customers on the Site. In the event of non-substantial differences between the presentation photos of the Items on the Site, texts, and illustrations and the Items ordered, the liability of Charlot Paris cannot be engaged. The liability of Charlot Paris cannot be held in the event of failure to perform any of its contractual obligations resulting from an unforeseeable circumstance or a case of force majeure as defined by the case law rendered by the French courts. In particular, Charlot Paris will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control ("Force Majeure").
13. Intellectual Property
The Site and its elements, such as in particular photographs, visuals, and texts, are works of the mind protected by the Intellectual Property Code. Any reproduction, copy, imitation, modification, adaptation, or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hyperlinks to the home page of the Site, or any other page of the Site, is strictly prohibited and subject to the prior and written agreement of Charlot Paris.
14. Protection of personal data
With the exception of third parties whose intervention is necessary for the processing and execution of Orders, Charlot Paris undertakes not to communicate to third parties the personal data concerning the Customer without their prior authorization. The Customer has a right of access, modification, rectification, and deletion of personal data concerning them which they can exercise by writing to the following address: hello@Charlot Paris.paris.
15. Cookies
The user is informed by connecting to the Site that it uses cookies (connection markers) which allow recording information relating to the navigation of the Customer's computer on the website. These cookies are only installed after acceptance by the Customer, with continued navigation on the website constituting acceptance. The Customer may oppose the use of these cookies, knowing that access to certain services may require prior acceptance by the user of the cookies.
16. Modification of the GTCS
Charlot Paris reserves the right to modify these GTCS at any time. The new GTCS will, if applicable, be brought to the Customer's attention by online modification and will be applicable only to sales made after the modification.
17. Applicable law
These GTCS are subject to French law. Any dispute will fall under the exclusive jurisdiction of the French courts of the place of the Customer's domicile, failing prior amicable agreement between the Customer and Charlot Paris.
18. Partial invalidity
If one or more provisions of these GTCS were to be declared invalid in application of a law, a regulation, or following a final court decision, the other stipulations will retain all their force and scope. 19. Non-waiver No silence or delay, no tolerance or inaction of Charlot Paris can be interpreted as a waiver of its rights under the GTCS.
APPENDIX
It is reminded that the confidentiality of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
1. PERSONAL DATA
All information in your account is only used in the context of your business relationship with Charlot Paris. This information is never shared with third parties or resold. Your banking information is never in our possession. Transactions are entirely processed by STRIPE. In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and individual liberties, the site has been declared to the CNIL (National Commission on Informatics and Liberty).