1. The purpose of this agreement is to set forth the conditions of distance selling and delivery of the products (hereinafter "the Products") offered for sale on the Internet site accessible at www.charlicraneparis.com (hereinafter "the Site"), by SAS CHARLIE CRANE - (hereinafter "CHARLIE CRANE" or the "Vendor"), with capital of €10,000, registered in the Paris Trade and Companies Register under number B 453 056 202, intracommunity VAT number FR59 453 056 202, whose registered office is located at 10 bis, rue Bisson 75020 Paris, FRANCE.
2. For the purposes of these Conditions, the "Customer" is understood to be any natural person making a private purchase of Products through the Site, to the exclusion of any natural person or legal entity making a purchase on the Site as part of a professional activity.
3. The creation of a Customer Account and the placing of an order by the Customer on the Site imply acceptance by the latter, without reservation, of the present General Terms and Conditions of Sale as well as the Site's General Terms and Conditions of Use (link to SITE GTCU).
2. PRODUCTS AND AVAILABILITY
1. CHARLIE CRANE offers on the Site the on-line sale of Furnishing Products.
The Seller is free to select the Products offered for sale on the Site and reserves the right to modify this selection at any time.
2. Each of the descriptive sheets of the Products for sale on the Site provides a detailed description of the Product concerned.
However, only a description of the Product and the essential characteristics of the Products are mentioned, this information having as its principal origin the data communicated by the manufacturers or suppliers of the Products.
This information is based exclusively on data supplied by the manufacturers and suppliers of the Products.
The photographs and graphics reproduced and illustrating the Products presented are intended to give a representation of the Products as close as possible to reality, without the Vendor being able to guarantee the exact rendering of the tones and colors of the Products in relation to the visuals of the Products displayed on the Site.
3. The Vendor endeavours to provide Customers with the most reliable and qualitative information available concerning the Products for sale on the Site, but does not guarantee the accuracy or completeness of such information.
Upon receipt of the Products, the Customer is invited to read the information attached to the Product or on its packaging.
4. For any questions concerning the Products and their use, the Customer is invited to contact the Vendor's customer service department using the contact details given in article 12.
The Vendor offers its customers advice equivalent to that which they could receive in-store, within the limits of the possibilities offered by a telephone conversation.
5. The Products are offered for sale in all the territories of the European Union, Switzerland, Norway and the United Kingdom.
6. Offers of Products and prices are valid as long as they are visible on the Site, and under the conditions of availability provided at the time the order is placed. Product offers are subject to availability.
7. In the event of temporary or definitive unavailability of the Product ordered, the Customer may request cancellation of the order.
In this case, the Vendor will proceed with the corresponding refund under the conditions set out in article 9.
3.1 ORDERING PROCESS
1. Contractual information and order details are summarized in detail before final validation of the Purchase Order.
The Customer is invited to reread the details of his/her order carefully, and to correct any errors it may contain before validating it.
2. The validation click at the end of the ordering process for all Products offered on the Site formalises the confirmation of the order and constitutes irrevocable acceptance of the present General Terms and Conditions of Sale.
This validation click constitutes definitive consent to contract with CHARLIE CRANE for the Products selected, subject to the exercise of the right of withdrawal reserved for non-professional Customers, as referred to in Article 6 hereof.
The validation click constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has, between them, the same value as a handwritten signature.
3. After having validated his/her order on the Site, the Customer will receive by e-mail an acknowledgement of receipt from the Vendor containing the elements of the order, provided that the e-mail address indicated is valid and contains no errors.
This e-mail will constitute CHARLIE CRANE's acceptance of the order and will thus form the sales contract between the Customer and CHARLIE CRANE.
It will contain all the elements constituting the contract between the Customer and CHARLIE CRANE (Products ordered, prices, delivery time and place, shipping method and costs, etc.).
4. The Vendor reserves the right not to confirm an order for any reason whatsoever, including a problem with the availability of the Product (if the purchaser has ordered a product indicated as "out of stock"), or a dispute relating to the payment of a previous order.
3.3 PROOF OF ORDER
The computerized registers, kept in the computer systems of the Vendor or its subcontractors under reasonable conditions of security, will be considered as proof of communication, orders and payments between the Customer and the Vendor.
Purchase Orders, Order Confirmations and invoices are archived on a reliable and durable medium that can be produced as proof.
4. FINANCIAL CONDITIONS
1. Product prices are displayed on the site in Euros, all taxes included, excluding packaging and transport costs, and apply to all Customers wishing to have their Products delivered within the European Union.
2. The prices of the Products selected by the Customer will appear in the order summary, inclusive of all French taxes and including packaging, transport and other order processing costs.
3. The Vendor reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the prices in force at the time orders are registered, subject to availability on that date.
4. If one of the Products offered for sale on the Site contains a pricing error, the price will in all cases be checked when the confirmation e-mail referred to in article 3.1.3 is sent, and corrected if necessary.
5. If the corrected price is lower than the price displayed on the Site, the Vendor will apply the lower price and refund the difference under the conditions set out in article 9. If the corrected price is higher than the price displayed on the Site, the Vendor will inform the Customer and cancel the order, unless the Customer accepts the order at the new price by confirming this acceptance by e-mail to Customer Services. In this case, the Customer will be asked to pay the difference between the amount already paid and the amount finally due, under the conditions indicated by the Vendor.
1. Orders are payable exclusively in Euros.
2. Payment for orders is made :
- online, on the Site, by credit card, using STRIPE's secure payment solution.
The following credit cards are accepted: Visa, Eurocard MasterCard.
The Vendor will debit the Customer's credit card at the time of online payment of the order.
The Vendor guarantees the security and confidentiality of the Customer's credit card details.
- or by cheque.
Payment by cheque is reserved for holders of a bank account in Euros domiciled in France.
Cheques should be made payable to "CHARLIE CRANE".
Write your contact details and Order Form number on the back of the cheque, and mail your payment to :
CHARLIE CRANE - 10 bis, rue Bisson - 75020 Paris
After a period of two weeks from the sending of the order confirmation e-mail, the order will be cancelled if the Vendor has not received the cheque.
The order will only be dispatched to the Customer once the Customer's bank cheque has been cashed.
- or by bank transfer.
CHARLIE CRANE will provide its bank details to customers choosing this method of payment.
3. The Customer warrants to the Vendor that he/she has the necessary authorizations to use the method of payment he/she has chosen for his/her order, when registering his/her order form.
The Vendor reserves the right to request a photocopy of the Customer's identity card and/or bank card (front only) for any payment by bank card or cheque.
As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by the Vendor for the sole purpose of verifying the Customer's identification, the validity of the order, the method of payment used and the intended delivery.
When a means of payment is issued by a banking institution, only those issued by a banking or financial institution authorized to operate in France will be accepted by the Vendor.
The customer has the original invoice, which is sent by e-mail on the day the parcel is dispatched. The invoice is not attached to the parcel.
CHARLIE CRANE keeps an electronic copy of each invoice. The invoice is in any case available on request by sending an e-mail to email@example.com indicating the customer's name and the date of the order.
5.1 Place of delivery
1. Products are delivered throughout the European Union.
2. The Products are delivered to the delivery address indicated by the Customer during the order process, and which is also indicated in the order confirmation e-mail referred to in article
3.1.3. In the event of an error in the Customer's contact details (in particular surname, first name, street name and number, zip code, telephone number or e-mail address etc....), the Vendor cannot be held responsible for the impossibility or delay of delivery.
5.2 Shipping methods
1. The means of transport vary according to the place of delivery, and the choices made by the Customer on the Order Form.
Details of the Seller's offer in terms of shipping methods and delivery times are given in the "Delivery" section.
2. Transport rates always include insurance of the parcel against loss or damage to the Product transported, to the exclusion of immaterial damage, consequential loss due to delay and indirect loss (loss of use, etc.).
1. The Vendor will indicate to the customer, on the Product presentation page, in the Order Form and in the confirmation e-mail referred to in Article 3.2.3 :
- expected delivery time:
The delivery time indicated is an average time given as an indication.
The Vendor will inform the Customer if the delivery time is exceeded.
- delivery deadline:
This period runs from the date of actual receipt of payment.
In the event of a delay of more than seven (7) days in relation to this announced delivery deadline, the order will be cancelled and reimbursed to the Customer, under the conditions set out in article 9, as from acceptance of the proposal made to him, unless he requests that his order be maintained.
2. The Products will be dispatched within an average of 2 to 3 days following dispatch of the confirmation e-mail referred to in article 3.2.3, to which should be added the carrier's delivery times, which vary on average between 2 and 4 days.
The Vendor cannot be held responsible for the consequences of any delay in delivery of the Products ordered.
3. In the event that the Customer is absent at the time of delivery, and does not collect the Product(s) within the time limit set by the carrier, the Product(s) will be returned to the Vendor, who will reimburse the Customer for the price of the Product(s), less shipping costs, including return shipping costs, and packaging costs, in accordance with the conditions set out in article 9, unless the Customer wishes to have the order reshipped at his own expense.
6: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
6.1 Statutory withdrawal period
In accordance with the provisions of articles L.221-16 et seq. of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Articles to exercise his legal right of withdrawal and thus notify CHARLIE CRANE of his intention to return the said Article. If the Articles can be the object of the legal right of retraction, the Customer exercising his right of retraction under the conditions envisaged with the present article in terms of time and modalities of return of the Articles, will be able to obtain a refunding of the turned over Articles. Form available in CGV Article 9.4.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically requests a credit note, valid for six (6) months from the date of issue. Reimbursement will be made as soon as possible, and at the latest within 14 days of the effective exercise of the right of withdrawal by the Customer. This period may however be extended by CHARLIE CRANE until receipt by CHARLIE CRANE of the goods returned by the Customer to the address indicated on the return form, or until receipt by CHARLIE CRANE of proof of dispatch of the Items by the Customer. Where the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
In accordance with article L.221-23 of the French Consumer Code, the right is exercised by returning the Article, with only the shipping costs remaining payable by the Customer.
Customers may benefit from a prepaid return voucher in accordance with Article 15 hereof, and (2) in the event of non-conformity of the Articles delivered in relation to the Order (in this case, the return costs will be borne by CHARLIE CRANE).
The right of withdrawal is exercised under the same conditions from the time of the Order and before Delivery.
6.2 Items excluded from the statutory withdrawal period
In accordance with article L.221-28 of the French Consumer Code, the Customer does not benefit from a right of retraction to return an Order for Items which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly.
6.3 Contractual withdrawal period
To ensure customer satisfaction, CHARLIE CRANE accepts returns by post to the address indicated by Customer Service or on the delivery slip for the Article concerned, within a period exceeding the aforementioned legal withdrawal period. In this respect, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Articles. Returns beyond this period will not be accepted.
6.4 How to exercise the right of withdrawal
To do this, the Customer simply chooses one of the following methods:
The return request must be made
- or by contacting customer service, using the contact form, by e-mail at firstname.lastname@example.org or by post. The customer can then use the withdrawal form below:
Model withdrawal form (Please complete and return the form with your order number only if you wish to withdraw from the contract.
We recommend that you also state your order number) For the attention of Charlie Crane- Service Clients - 10 bis, rue Bisson 75020 Paris France E-mail: email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Ordered on [.....................................] (*) received on [.........................................] (*)
Order number: [.................................................................]
Name of consumer(s): [........................................................................]
Address of customer(s): [.............................................................................. .............................................................................................................................................]
Signature of consumer(s) (only in the case of notification of this form on paper) Date: [..........................................]
- or by telephone on 01 73 75 95 03. CHARLIE CRANE's Customer Support will then advise the Customer on how to proceed.
CHARLIE CRANE suggests that the Customer return the products by registered mail or with additional insurance, guaranteeing, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of these goods. In all cases, returns are made at the customer's risk. It is the customer's responsibility to retain all proof of return. The cost of return shipment is borne by the customer, who is free to choose the method of shipment.
Return address :
CHARLIE CRANE Returns Department
273, rue du Champ Garet
69400 ARNAS, France
In the event of failure to comply with the above deadlines, CHARLIE CRANE will not be able to reimburse the Customer.
Only items returned in their original packaging and in perfect condition for resale will be accepted. Consequently, returns of sheets or other textile products that have been washed and/or used, as well as damaged boxes, will be refused.
Withdrawal may never be exercised if the Articles delivered have been, even partially, washed, soiled, damaged or used. Similarly, items returned incomplete, damaged or soiled by the customer will not be returned or exchanged.
The Articles must also be accompanied by the order number, either on the returns form, sent with the delivered Articles and signed by the Customer, or on any other document. The Customer is informed that the use of the returns form facilitates the processing of the return by CHARLIE CRANE. The Customer is therefore invited to use this return slip.
The Customer may only be held liable in the event of depreciation of the Article resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.
Refunds in the event of use of the right of withdrawal will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically indicates otherwise.
Damage specifically mentioned in the Product data sheets is also not covered.
The products supplied by the CHARLIE CRANE benefit, in accordance with the legal provisions :
- the legal warranty of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code,
- the warranty against latent defects resulting from a material, design or manufacturing defect affecting the PRODUCTS delivered and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
7.1. Legal warranty of conformity
Article L.217-4 of the French Consumer Code: " The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."
Article L.217-5 of the French Consumer Code: " The goods conform to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. "
7.2. Warranty for hidden defects
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them.
Article 1648 al 1er of the French Civil Code: "the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity."
7.3.1. Any request for a legal warranty under the warranty of conformity or latent defects must be made to CHARLIE CRANE by contacting customer service:
- via the contact form,
- by e-mail to firstname.lastname@example.org
- or by telephone on 01 73 75 95 03,
In order to benefit from the product warranty, the Customer must keep the product purchase invoice, sent by e-mail by CHARLIE CRANE when the Product is shipped.
7.3.2. Legal warranty of conformity
126.96.36.199 The Customer has a period of two (2) years to take action, starting from the delivery of the Product.
The Customer may choose between repair and replacement of the Product, provided that this choice does not entail a manifestly disproportionate cost given the value of the Product or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method chosen by the Customer.
188.8.131.52 The Customer is exempt from having to prove the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
7.3.3. Warranty for hidden defects
If the customer decides to invoke the warranty for latent defects within the meaning of article 1641 of the French Civil Code, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In the event that a replacement or repair is impossible, CHARLIE CRANE undertakes to refund the price of the P within 30 days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the above address.
7.4 Warranty exclusions
Although the Products are covered by the manufacturer's warranty, within the limits of its application, any defects affecting the Products, or characteristics of the Products, as well as direct and indirect damage suffered by the Customer or third parties as a result of the abnormal and non-conforming use of the Products and the use for which they are intended (professional, collective use, etc.) are not covered by any warranty, either legal or contractual.
8. RETENTION OF TITLE CLAUSE
By express agreement, the Vendor reserves ownership of the products supplied until full payment has been made, in accordance with the terms of law no. 80 336 of May 1st 1980, relating to retention of title.
This provision does not prevent the transfer to the Customer of the risks associated with the Products sold, as soon as the Customer takes possession of the Products.
1. Refunds for Products will be made within thirty (30) days after receipt of the Products by CHARLIE CRANE.
2. Refunds will be made, at the Vendor's discretion, by crediting the bank account or credit card account of the Customer who placed the order.
1. The Products offered comply with current EU legislation and standards applicable in France.
2. The Seller shall not be held liable for non-performance of the contract in the event of force majeure or an act of God, total or partial disruption or strike, in particular of postal services and means of transport and/or communications, caused by the other party or a third party, or external causes such as industrial disputes, disruption or total or partial strike, particularly of postal services and means of transport and/or communications intervention by civil or military authorities, natural disasters, fire, water damage, malfunction or interruption of the telecommunications network or electricity grid.
3. The Customer is solely responsible for the choice of Products and their use.
11. INTELLECTUAL PROPERTY
1. All visuals and photographs visible on the Site, and in particular those representing and illustrating the Products, are necessarily protected by copyright and all other intellectual property rights and belong to the Seller or to third parties having authorized CHARLIE CRANE to use them.
Any reproduction and/or representation of any kind whatsoever, without authorization, of a visual or photograph represented on the Site constitutes an infringement and will be prosecuted.
2. Likewise, all other data of any nature whatsoever, and in particular text, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software and site characteristics appearing on the Site are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to the Vendor or to third parties having authorized CHARLIE CRANE to use them.
The Vendor grants the Customer a private, non-collective and non-exclusive right to use said data.
4. Under these conditions, the Customer undertakes not to reproduce, summarize, modify, alter or redistribute, without the Vendor's express prior authorization, any text, title, application, software, logo, image, graphic charter, trademark, information or illustration, for any use other than strictly private.
12. CUSTOMER SERVICE
For any information or questions, Customer Service is available to customers:
- by telephone on 09 50 87 66 18: Monday to Friday, 10am to 12:30pm and 2pm to 5pm
- by e-mail at email@example.com or by using our contact form (link)
- by post to the following address CHARLIE CRANE - Service Consommateurs - 10 bis, rue Bisson 75020 Paris - FRANCE
1. The present terms and conditions, together with those contained in the order confirmation e-mail referred to in article 3.2.3, express the entirety of the Customer's and the Vendor's obligations.
The Vendor reserves the right to unilaterally modify the terms hereof, the applicable conditions being those in force on the Site at the date the Customer places his/her order. The Customer is therefore advised to refer regularly to the latest version of the General Terms and Conditions of Sale, which is permanently available via the "General Terms and Conditions of Sale" link on the Site.
2. In the event that any provision of these Terms and Conditions is held to be invalid by virtue of any present or future legal or regulatory provision, or by virtue of a res judicata decision of a court or competent body, such provision of the contract shall be deemed to be unwritten, all other provisions of these Terms and Conditions remaining in full force and effect between the Parties.
3. The fact that one or other of the Parties does not avail itself at a given time of any of the provisions of the present terms and conditions may never be considered as a waiver on its part of the rights it holds hereunder.
14. APPLICABLE LAW - DISPUTES
1. These General Terms and Conditions of Sale are governed by French law, and only the French language version shall be deemed authentic for the purposes of their interpretation.
2. Any dispute arising from the performance or interpretation of the provisions of the present contract shall oblige the parties to meet and attempt to find an amicable solution to their dispute, before bringing the matter before the competent court.