Terms of service
LEGAL NOTICE
These General Terms and Conditions of Sale (the “ Terms ”) are provided by the company CHARLOT, a single-member simplified joint-stock company with share capital of €1,000, whose registered office is at 10 rue du Cardinal Lemoine, registered with the Paris Trade and Companies Register under number 891705550 (hereinafter “ Charlot Paris ”).
Its email address is hello@charlot-paris.com
Charlot Paris owns and publishes the website www.charlot-paris.com (hereinafter the “ Website ”).
The Website is hosted by Shopify Inc., at the following address: Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.
The Website's publication director is Natan Sabbah.
1. DEFINITIONS
Item: a product of any kind offered for sale on the Website.
Customer: a natural person acting outside a commercial capacity, with full legal capacity, who places the Order.
Order: a commitment to purchase the Item or Items selected by the Customer through the Website.
Website: the website at charlot-paris.com.
2. PURPOSE
Confirming an Order using the ordering procedure in force on the Website constitutes acceptance of the prices and these Terms.
These Terms take precedence over any other document.
3. ITEM CHARACTERISTICS
The Items available for sale are those shown on the Website, subject to stock availability. Offers remain valid for as long as they are visible on the Website and the Customer can add the Item to their cart. Charlot Paris reserves the right to withdraw any Item from sale at any time without notice and/or to replace or amend any information relating to Items on the Website.
If an Item becomes unavailable after an Order has been placed, the Customer will be notified by email and the Order will be canceled automatically. Item characteristics, including photographs, size guides, graphics and descriptions, are provided for information only and may change over time. The Customer should consider only the Item image displayed when the Order is placed. Characteristics and images are not contractually binding.
In the event of errors or omissions in an Item's description, Charlot Paris's liability is limited to reimbursing the standard return shipping costs incurred by the Customer for that Item, at the postal service's rate.
4. ORDERING ITEMS
The Customer declares that they are at least 18 years old and have legal capacity, or, if a minor, that they have parental authorization to place the Order. To place an Order, the Customer must follow the online purchasing process and click “Place order” to submit it. The Customer's confirmation of the Order confirms acceptance of these Terms, the contents of the Order, its price and associated costs.
Every Order is subject to prior acceptance by Charlot Paris.
Charlot Paris reserves the right to cancel, remove and refund any order considered abusive because of an excessive number of returns or an excessive quantity of items ordered.
5. ITEM PRICES
Prices are shown on the Website in euros, inclusive of all taxes, and exclude processing and shipping charges. They include VAT and any discounts applicable on the date of the Order.
Product prices exclude delivery charges, including postage, packaging and parcel preparation at the applicable rates.
Shipping charges are shown on the Website before the Order is confirmed. Charlot Paris reserves the right to change Item prices at any time. Items are invoiced at the prices in force when each Order is confirmed. The price charged is therefore the price shown when the Order is placed. For sales outside the European Union, customs clearance charges and any duties or taxes are expressly the Customer's responsibility. Charlot Paris cannot be held liable for them.
6. ORDER PAYMENT
The Order is payable immediately by bank card (CB, Visa or MasterCard).
For sales outside the European Union, customs clearance charges and any duties or taxes are the Customer's responsibility. Transactions on the Website use secure payment data entry for the card number, expiry date and card security code.
7. DELIVERY TERMS
The Customer will receive an Order number by email confirming that the Order has been accepted and will be informed of its progress by email at the address they provided. Ordered Items will be delivered within the timeframe specified when the Order is finalized, and in any event no later than thirty days after the Order is recorded, subject to payment of the full price. The Customer is offered a choice of delivery methods, selected and paid for by the Customer.
Standard shipping within France costs €5 including tax (€4.17 excluding tax). The Customer is responsible for providing the information necessary for successful delivery, such as an access code.
If the delivery address provided by the Customer is invalid and the parcel is returned as undeliverable, the Customer is responsible for the cost of reshipping it to the new address supplied. A delivery note is included in the parcel, listing the items ordered and actually delivered. The Customer bears all risks relating to the Items from the time of delivery.
8. DELIVERY TIMEFRAMES
Items are delivered to the address provided by the Customer when placing the Order, no later than the date stated at that time and depending on the delivery country. Delivery is deemed complete once the parcel is made available to the Customer, in particular by the carrier, as recorded by the carrier's tracking system. Charlot Paris cannot be held responsible for delivery delays caused by the Customer's unavailability.
9. RETURNS AND RIGHT OF WITHDRAWAL
If an Item delivered does not match the Customer's Order, the Customer may return it to Charlot Paris by following the procedure below. The Customer has the right to cancel their order at any time within 14 calendar days of receiving the products, without giving a reason or paying a penalty. After this period, the sale is considered final and binding. To exercise the right of withdrawal, the Customer must contact customer service at hello@charlot-paris.com and follow the instructions provided.
The Item or Items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged) and in perfect condition for resale (not damaged, used or soiled by the Customer). After inspecting the returned Items, Charlot Paris undertakes to refund the Customer all amounts paid for the Order. Shipping costs are not refunded for partial returns. If the entire Order is returned using the return label provided by Charlot Paris, a €5 return fee will be deducted from the refund. The Customer may instead return the Item or Items directly. In that case, no return fee will be deducted from the refund.
We undertake to refund you using the same payment method used to pay for the order. If that payment method has expired, we will issue store credit only, for the value of the returned item or items, or for the full order if it is returned in its entirety. No refund will be made to a different account or payment method from the one used for the order.
10. WARRANTIES
In accordance with the applicable legal provisions, the Customer benefits from the statutory guarantee of conformity for defects in conformity existing at delivery and the statutory warranty against hidden defects in the products sold. The Customer must notify the carrier and Charlot Paris of any reservations concerning delivered products. Any claim concerning products, in particular a defective, damaged or non-conforming product or an apparent defect, must be reported to Charlot Paris without delay by email to hello@charlot-paris.com, identifying the product or products concerned and the nature and type of defect. The Customer must provide supporting evidence that the defect exists. Charlot Paris may request one or more product photographs. If Charlot Paris accepts a return, particularly for a defect in conformity, the Customer may choose between repair where possible, a refund, or replacement with an equivalent Item offered by Charlot Paris.
Under the French Consumer Code, Charlot Paris may decline the Customer's choice of repair or replacement if that choice entails a manifestly disproportionate cost compared with the alternative, taking account of the product's value or the significance of the defect. If repair and replacement are both impossible, the Customer may return the product for a refund or keep it and receive a partial refund. Charlot Paris's liability and warranty do not cover defects resulting from the Customer's use of the Item, particularly abnormal use, poor maintenance or failure to follow care instructions.
Reminder of the applicable legal provisions:
Article L. 211-4 of the French Consumer Code: “The seller must deliver goods that conform to the contract and is liable for defects in conformity existing at delivery. The seller is also liable for defects in conformity resulting from packaging, assembly instructions or installation where the contract made installation the seller's responsibility or it was carried out under the seller's responsibility.”
Article L. 211-5 of the French Consumer Code: “To conform to the contract, the goods must: 1. Be fit for the purpose ordinarily expected of similar goods and, where applicable: a) match the description provided by the seller and possess the qualities presented to the Customer in a sample or model; b) possess the qualities a Customer may reasonably expect in view of public statements made by the seller, producer or their representative, particularly in advertising or labeling. 2. Or possess the characteristics agreed jointly by the parties or be fit for any particular purpose sought by the Customer, made known to and accepted by the seller.”
Article L. 211-7 of the French Consumer Code: “Defects in conformity appearing within six months of delivery of the goods are presumed to have existed at delivery, unless proved otherwise. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged defect in conformity.”
Article L. 211-7 of the French Consumer Code: “If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund or keep the goods and obtain a partial refund. The buyer also has this option: 1. If the solution requested, proposed or agreed under Article L. 211-9 cannot be implemented within one month of the buyer's claim; 2. Or if that solution cannot be implemented without major inconvenience to the buyer, taking account of the nature of the goods and the intended use. However, the sale cannot be canceled if the defect in conformity is minor.”
Article L. 211-12 of the French Consumer Code: “An action arising from a defect in conformity is time-barred two years after delivery of the goods.” Article 1641 of the French Civil Code: “The seller is bound by a warranty against hidden defects in the item sold that render it unfit for its intended use or reduce that use to such an extent that the Customer would not have purchased it, or would have paid a lower price, had they known of the defects.” Article 1648, paragraph 1 of the French Civil Code: “An action arising from defects giving grounds for rescission must be brought by the buyer within two years of discovering the defect.”
11. EVIDENCE AGREEMENT
The Customer acknowledges and accepts that the Order recording systems constitute evidence of all transactions between Charlot Paris and the Customer.
12. LIABILITY
Charlot Paris reserves the right to change the information on the Website at any time without notice. Charlot Paris undertakes to describe the Items sold on the Website as accurately as possible and to keep the published information up to date under the best possible conditions. However, Charlot Paris cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Website. Charlot Paris cannot be held liable for non-material differences between Item photographs, text and illustrations on the Website and the Items ordered. Charlot Paris cannot be held liable for failure to perform a contractual obligation resulting from an unforeseeable event or force majeure as defined in the case law of the French courts. In particular, Charlot Paris is not responsible for failure or delay in fulfilling Orders caused by events beyond its control (“Force Majeure Events”).
13. INTELLECTUAL PROPERTY
The Website and its components, including photographs, images and text, are intellectual works protected by the French Intellectual Property Code. Any reproduction, copying, imitation, modification, adaptation or public presentation, even in part, is prohibited and constitutes infringement. Creating hyperlinks to the Website's home page or any other page is strictly prohibited without Charlot Paris's prior written agreement.
14. PERSONAL DATA PROTECTION
Except for third parties whose involvement is necessary to process and fulfill Orders, Charlot Paris undertakes not to disclose the Customer's personal data to third parties without the Customer's prior consent. The Customer has the right to access, amend, correct and delete their personal data. These rights may be exercised by writing to hello@charlot-paris.com.
15. COOKIES
Users are informed on accessing the Website that it uses cookies to record information relating to browsing from the Customer's computer. Cookies are installed only after the Customer's consent, with continued browsing of the Website constituting acceptance. The Customer may refuse cookies, bearing in mind that access to certain services may require the user's prior acceptance of cookies.
16. AMENDMENTS TO THE TERMS
Charlot Paris reserves the right to amend these Terms at any time. Where applicable, the new Terms will be brought to the Customer's attention through an online update and will apply only to sales made after the amendment.
17. APPLICABLE LAW
These Terms are governed by French law. Unless Charlot Paris and the Customer reach a prior amicable agreement, any dispute falls within the exclusive jurisdiction of the French courts for the Customer's place of residence.
18. SEVERABILITY
If any provision of these Terms is declared invalid under a law, regulation or final decision of a competent court, the remaining provisions remain in full force and effect. 19. NON-WAIVER. No silence, delay, tolerance or inaction by Charlot Paris may be interpreted as a waiver of its rights under these Terms.
APPENDIX
Users are reminded that the confidentiality of correspondence is not guaranteed on the Internet. Each Internet user is responsible for taking all appropriate measures to protect their own data and/or software against infection by viruses circulating on the Internet.
1. PERSONAL DATA
All information in your account is used solely for your commercial relationship with Charlot Paris. This information is never shared with third parties or sold. We never hold your bank details. Transactions are processed entirely by STRIPE. In accordance with French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, the Website has been declared to the CNIL, the French Data Protection Authority.
19. SMS MARKETING AND NOTIFICATIONS
By consenting to SMS marketing from CHARLOT SASU at checkout and starting a purchase, or by subscribing through our subscription tools, you agree to receive recurring text notifications relating to your order, including checkout reminders, SMS marketing offers and transactional messages, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. To stop receiving marketing messages and notifications, reply STOP to any mobile message from us or use the unsubscribe link provided in a message. You understand and agree that other methods of unsubscribing, such as alternative words or requests, will not be considered a reasonable way to unsubscribe. We do not charge for the service, but you are responsible for any text messaging charges or fees imposed by your wireless provider. Message and data rates may apply. For questions, send HELP to the number that sent the messages. You may also contact us at hello@charlot-paris.com for more information. We may change any telephone number or short code used to operate the service at any time. You will be notified if this happens. You agree that any message sent to a telephone number or short code we have changed, including a STOP or HELP request, may not be received, and we will not be required to honor requests made in those messages. To the extent permitted by applicable law, you agree that we are not liable for failed, delayed or misdirected delivery of information sent through the service, errors in that information, or any action you take or do not take in reliance on the information or service. Your right to privacy is important to us. Please see our privacy policy at https://www.charlot-paris.com/policies/privacy-policy to learn how we collect and use your personal information.