Terms of sale

1. PURPOSE

1. This agreement is intended to set out the terms and conditions for the distance selling and delivery of products (hereinafter "the Products") offered for sale on the website accessible at www.charlicraneparis.com (hereinafter "the Website"), by SAS CHARLIE CRANE – (hereinafter "CHARLIE CRANE" or the "Seller"), with a share capital of €10,000, registered with the Paris Trade and Companies Register under number B 453 056 202, EU VAT number FR59 453 056 202, with its registered office at 10 bis, rue Bisson 75020 Paris, FRANCE.

2. The "Customer" within the meaning of these Terms and Conditions refers to any natural person making a private purchase of Products through the Website, to the exclusion of any natural or legal person making a purchase on the website in the context of a professional activity.

3. The creation of a Customer Account and the placing of an order by the Customer on the Website implies their acceptance, without reservation, of these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use of the Website (link to the Website GTC).

2. PRODUCTS AND THEIR AVAILABILITY

1. CHARLIE CRANE offers the online sale of furniture Products on the Site.
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 product description page for the Products on sale on the Website provides a detailed description of the relevant Product.
However, only a product description and the essential characteristics of the Products are mentioned, the main source of this information being data provided by the manufacturers or suppliers of the Products.
The exclusive source of this information is data provided by the manufacturers and suppliers of the Products.
The photographs and graphics reproduced to illustrate the Products presented are intended to provide a representation of the Products as close to reality as possible, although the Seller cannot guarantee the exact rendering of the tones and colors of the Products compared to the visual representations of the Products displayed on the Website.

3. The Seller strives to provide Customers with the most reliable and qualitative information available regarding the Products for sale on the Site, but does not however guarantee the accuracy and completeness of this information.
The Customer is invited to read, upon receipt of the Products, the information enclosed with the Product or indicated on its packaging.

4. For any questions regarding the Products and their use, the Customer is invited to contact the Seller's customer service using the contact details listed under article 12.
The Seller indeed offers its Customers advice equivalent to what they could receive in a store, within the limits of what is possible through a telephone conversation.

5. Products are offered for sale in particular throughout all territories of the European Union, Switzerland, Norway, and the United Kingdom.

6. Product and price offers are valid as long as they are visible on the Site, and subject to the availability conditions provided at the time of placing the order. Product offers are subject to available stock.

7. In the event of temporary or permanent unavailability of the ordered Product, the Customer may request cancellation of their order.
In such case, the Seller will proceed with the corresponding refund under the conditions set out in Article 9.

3. ORDER

3.1 ORDER PROCESS

1. The contractual information and the order details are the subject of a detailed summary prior to the final validation of the Order Form.
The Customer is invited to carefully re-read the details of their order and to correct any errors it may contain before validating it.

2. The validation click made at the end of the ordering process for all Products offered on the Site formalizes the confirmation of the order and constitutes irrevocable acceptance of these General Terms and Conditions of Sale.
This validation click constitutes definitive consent to enter into a contract with CHARLIE CRANE for the selected Products, 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 agreed between the parties that this electronic signature has, between them, the same value as a handwritten signature.

3. After validating their order on the Site, the Customer will receive an order acknowledgment from the Seller by email summarizing the details of the order, provided that the email address provided is valid and contains no errors.
This email will constitute CHARLIE CRANE's acceptance of the order and will thereby form the sales contract between the Customer and CHARLIE CRANE.
It will contain all the constituent elements of the contract entered into between the Customer and CHARLIE CRANE (Products ordered, rates, prices, delivery or collection times and location, shipping method and costs, etc. …).

4. The Seller reserves the right not to confirm an order for any reason whatsoever, including in particular either a Product availability issue (if the buyer has ordered a product listed as "out of stock"), or a dispute relating to the payment of a previous order.

3.3 PROOF OF ORDER

Computerized records, kept in the Seller's or its subcontractors' computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the Customer and the Seller.
The archiving of Order Forms, Order Confirmations and invoices is carried out on a reliable and durable medium that may be produced as evidence.

4. FINANCIAL CONDITIONS

4.1 PRICE

1. Product prices are displayed on the website in Euros inclusive of all taxes, excluding packaging and shipping costs, and apply to all Customers wishing to be delivered within the territories of the European Union.

2. The prices of the Products selected by the Customer will appear in the order summary, inclusive of all applicable French taxes, and will include packaging, shipping and other order processing fees.

3. The Seller reserves the right to modify its prices at any time, but Products will be invoiced based on the rates in effect at the time the orders are recorded, subject to availability at that date.

4. If any Product offered for sale on the Website contains a pricing error, the price will in all cases be verified at the time of sending the confirmation email referred to in article 3.1.3, and corrected if necessary.

5. If the corrected price is lower than the price displayed on the Website, the Seller 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 Website, the Seller will inform the Customer and proceed to cancel the order, unless the Customer accepts the order at the new price by confirming this acceptance by email addressed to the Customer Service team. In this case, the Customer will be invited to pay the difference between the amount already paid and the amount ultimately owed, under the terms indicated by the Seller.

4.2 PAYMENT

1. Orders are payable exclusively in Euros.

2. Payment for orders is made:

– or online, on the Website, by bank card, via the secure payment solution provided by STRIPE.
The following bank cards are accepted: Visa, Eurocard MasterCard.
The Seller will charge the Customer's bank card at the time of online payment for the order.
The Seller guarantees the security and confidentiality of the Customer's bank card data.

– or by bank check.
Payment by bank check is reserved for holders of a Euro-denominated bank account held in France.
Checks must be made payable to "CHARLIE CRANE".
Write your contact details and your Order Form number on the back of the check, and send your payment to:
CHARLIE CRANE – 10 bis, rue Bisson – 75020 Paris
After a period of two weeks from the sending of the order confirmation email, the order will be cancelled if the Seller has not received the check.
The order will only be dispatched to the Customer subject to prior clearance of the Customer's bank check.

– or by bank transfer.
CHARLIE CRANE will provide its bank details to customers who choose this payment method.

3. The Customer warrants to the Seller that they have the necessary authorizations to use the payment method chosen for their order at the time of registering their order form.
The Seller reserves the right to request a photocopy of the Customer's identity document and/or, where applicable, their bank card (front side only) for any payment by bank card or bank check.
As part of efforts to combat online fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by the Seller for the sole purpose of verifying the Customer's identity, the validity of the order, the payment method used, and the intended delivery.
When a payment method is issued by a banking institution, the Seller will only accept payment methods issued by a banking or financial institution authorized to operate in France.

4.3 INVOICE

The Customer receives the original invoice, which is sent by email on the day the parcel is dispatched. The invoice is not included in the parcel.
CHARLIE CRANE retains an electronic copy of each invoice. The invoice is in any case available upon request by sending an email to support@charliecrane.fr indicating the customer's name and the order date.

5. DELIVERY 

5.1 Delivery Address

1. Products are delivered throughout all territories of the European Union.

2. Products are delivered to the delivery address provided by the Customer during the ordering process, which also appears in the order confirmation email referred to in article

3.1.3. In the event of an error in the Customer's contact details (including first name, last name, street number and name, postal code, phone number or email address, etc.), the Seller cannot be held responsible for any impossibility or delay in delivery.

5.2 Shipping Methods

1. Shipping methods vary depending on the delivery location and the choices made by the Customer on their Order Form.
Details of the Seller's offering in terms of shipping methods and delivery timeframes can be found in the "Delivery" section.

2. Shipping rates always include insurance of the parcel against loss or damage caused to the transported Product, excluding non-material damages, losses resulting from a delay, and indirect losses (loss of enjoyment…).

5.3 Timeframes

1. The Seller will inform the Customer, on the Product presentation page, in the Order Form, and in the order confirmation email referred to in article 3.2.3:

– the estimated delivery time:
The indicated time is an average time given for informational purposes only.
The Seller will keep the Customer informed of any delay beyond the announced time.

– the maximum delivery deadline:
This deadline runs from the date of actual receipt of payment.
In the event of a delay of more than seven (7) days beyond this announced delivery deadline, the order will be cancelled and refunded to the Customer, under the conditions set out in article 9, from the date of acceptance of the proposal made to them, unless they request that their order be maintained.

2. Products will be dispatched within an average of 2 to 3 days following the sending of the confirmation email referred to in article 3.2.3, to which the carrier's delivery times, averaging between 2 and 4 days, should be added.
The Seller cannot be held responsible for the consequences of any potential delay in the delivery of ordered Products.

3. In the event that the Customer is absent at the time of delivery and does not collect the Product(s) within the time limits set by the carrier, the latter will be returned to the Seller, who will refund the price to the Customer, less shipping costs, including return shipping, and packaging costs, under the conditions set out in Article 9, unless the Customer wishes to have their order reshipped at their own expense.

6: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE

6.1 Statutory right of withdrawal period

In accordance with the provisions of articles L.221-16 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or collection of the Items to exercise their statutory right of withdrawal and thereby notify CHARLIE CRANE of their intention to return the said Item. If the Items may be subject to the statutory right of withdrawal, the Customer exercising their right of withdrawal under the conditions set out in this article in terms of the timeframe and modalities for returning the Items may obtain a refund for the returned Items.

The refund will be made using the same payment method as the one used by the Customer for the initial transaction, unless the Customer specifically requests a store credit, valid for six (6) months from its issuance. The refund will be processed as soon as possible and no later than 14 days following the Customer's effective exercise of the right of withdrawal. This period may however be extended by CHARLIE CRANE until CHARLIE CRANE receives the merchandise returned by the Customer to the address indicated on the return form, or until CHARLIE CRANE receives proof of shipment of the Items by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday, or a public or non-working holiday, it is extended to the next working day.

In accordance with article L.221-23 of the Consumer Code, the right is exercised by returning the Item; only postage costs remain the responsibility of the Customer.

Customers may benefit from a prepaid return label in accordance with article 15 hereof, and (2) in the event of non-conformity of the Items delivered with respect to the Order (in which case return shipping costs will be borne by CHARLIE CRANE).

The right of withdrawal may be exercised under the same conditions from the time of the Order and before Delivery.

6.2 Items excluded from the statutory right of withdrawal period

In accordance with article L.221-28 of the Consumer Code, the Customer does not have, for Orders of Items which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, a right of withdrawal to return their Order.

6.3 Contractual withdrawal period

The Customer has fourteen (14) days from the date of receipt of their order to withdraw, and an additional fourteen (14) days from the date of withdrawal to return their Items. Returns of Items beyond this period will not be accepted.

6.4 Conditions for exercising the right of withdrawal

To do so, the Customer simply needs to choose one of the following options:

The return request must be made

• by contacting the customer service team, via the contact form, by email at support@charliecrane.fr or by postal mail. The customer may then use the withdrawal form below:
  Model withdrawal form (Please complete and return the form along with your order number only if you wish to withdraw from the contract.
  We also recommend that you include your order number.) To the attention of Charlie Crane – Customer Service – 10 bis, rue Bisson 75020 Paris France Email: support@charliecrane.fr
  I hereby notify you of my withdrawal from the contract for the sale of the item below:
  Ordered on [……………………………….] (*) received on [………………………….……….] (*)
  Order number: […………………………………..……………………]
  Name of consumer(s): [………………………………………………………………]
  Address of consumer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………]
  Signature of consumer(s) (only in the case of notification of this form on paper) Date: [……………………………………]
• or by phone at 01 73 75 95 03. CHARLIE CRANE's Customer Support will then inform the Customer of the steps to follow.

CHARLIE CRANE recommends that the Customer return their products by registered mail or with supplementary insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of the goods. In all cases, the return is made at the Customer's risk. It is the Customer's responsibility to retain all proof of return. Return shipping costs are borne by the Customer, who is free to choose the shipping method.

Return address for parcels:
CHARLIE CRANE Service Retour
c/o BEELOG
273, rue du Champ Garet
69400 ARNAS, France

Failure to comply with the aforementioned deadlines will prevent CHARLIE CRANE from issuing a refund to the Customer.

Only Items returned in their original packaging in perfect resalable condition 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.

The right of withdrawal can never be exercised if the Items delivered have been, even partially, washed, soiled, damaged or used. Likewise, Items returned incomplete, damaged or soiled by the Customer will not be taken back or exchanged.

The Items must also be accompanied by the order number, indicated either on the return form, transmitted with the delivered Items signed by the Customer, or on any other document. The Customer is informed that using the return form facilitates the processing of the return by CHARLIE CRANE. The Customer is therefore invited to make use of this return form.

The Customer's liability may only be incurred in the event of depreciation of the Item resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Items.

The refund in the event of exercising the right of withdrawal will be made using the same payment method as the one used by the Customer for the initial transaction, unless the Customer specifically requests otherwise.

Also not covered are damages that are specifically mentioned in the Product sheets.

7. WARRANTIES

Products provided by CHARLIE CRANE benefit, in accordance with applicable legal provisions, from:

• the statutory warranty of conformity under the conditions of articles L.217-4 and following of the Consumer Code,
• of the warranty against hidden defects arising from a defect in materials, design, or manufacturing affecting the delivered PRODUCTS and rendering them unfit for use, under the conditions set out in Articles 1641 et seq. of the Civil Code.

7.1. Statutory warranty of conformity

Article L.217-4 of the Consumer Code: « The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been made their responsibility under the contract or has been carried out under their responsibility. »

Article L.217-5 of the Consumer Code: « The goods conform to the contract:
1° If they are fit for the use normally expected of similar goods and, where applicable:

– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

– if it presents the qualities that a buyer may legitimately expect based on public statements made by the seller, the producer or their representative, particularly in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, brought to the seller's attention, and accepted by the seller."

7.2. Warranty against hidden defects

Article 1641 of the Civil Code: "the seller is bound by the warranty for hidden defects in the item sold that render it unfit for the purpose for which it was intended, or that so diminish that use that the buyer would not have purchased it, or would have paid a lower price, had they been aware of them."

Article 1648 paragraph 1 of the Civil Code: "an action resulting from redhibitory defects must be brought by the buyer within two years from 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 from the date on which the seller may be discharged of liability for apparent defects or non-conformities."

7.3. Implementation

7.3.1. Any warranty claim under the conformity warranty or the hidden defects warranty must be submitted to CHARLIE CRANE by contacting the customer service team:

• via the contact form,
• by email at support@charliecrane.fr
• or by phone at 01 73 75 95 03,

In order to benefit from the product warranty, the Customer must retain the proof of purchase invoice for the product, sent by email by CHARLIE CRANE at the time of dispatch of the Product.

7.3.2. Legal guarantee of conformity

7.3.2.1 The Customer has a period of two (2) years in which to take action, from the date of delivery of the Product.

The Customer may choose between repair and replacement of the Product, provided that this choice does not result in a manifestly disproportionate cost given the value of the Product or the extent of the defect. The seller is then required to proceed, unless impossible, according to the method chosen by the Customer.

7.3.2.2 The Customer is exempt from having to prove the existence of a lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.

The statutory warranty of conformity applies independently of any commercial warranty that may be granted.

7.3.3. Warranty against hidden defects

If the Customer decides to invoke the warranty against hidden defects within the meaning of Article 1641 of the Civil Code, they may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

In the event that replacement or repair is impossible, CHARLIE CRANE undertakes to refund the price of the Product 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

If 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 damages suffered by the Customer or third parties as a result of abnormal and non-compliant use of the Products and contrary to the purpose for which they are intended (professional, collective use, etc.) are nonetheless not covered by any warranty, whether statutory or contractual.

8. RETENTION OF TITLE CLAUSE

By express agreement, the Seller retains ownership of the products supplied until the date of full payment thereof, in accordance with the terms of Law no. 80-336 of 1 May 1980, relating to retention of title.
This provision does not prevent the transfer of risk relating to the Products sold to the Customer's benefit, from the moment the Customer takes possession of the Products.

9. REFUNDS

1. Refunds for Products will be processed within a period of no more than thirty (30) days after receipt of the Products by CHARLIE CRANE.

2. Refunds will be issued, at the Seller's discretion, as a credit to the bank account or credit card account of the Customer who placed the order.

10. LIABILITY

1. The Products offered comply with applicable European Union legislation and the standards applicable in France.

2. The Seller cannot be held liable for non-performance of the contract in the event of force majeure or an unforeseen circumstance, total or partial disruption or strike of postal services and means of transport and/or communications, due to the other party or a third party, or external causes such as labor disputes, total or partial disruption or strike of postal services and means of transport and/or communications, intervention by civil or military authorities, natural disasters, fires, water damage, malfunction or interruption of the telecommunications or electricity network.

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 who have authorized CHARLIE CRANE to use them.
Any reproduction and/or representation of any nature whatsoever, without authorization, of a visual or photograph featured on the Site constitutes an infringement and will be subject to legal proceedings.

2. Likewise, all other data of whatever nature, including in particular texts, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software, and site characteristics appearing on the Website are necessarily protected by copyright law, trademark law and all other intellectual property rights, and belong to the Seller or to third parties who have authorized CHARLIE CRANE to use them.
The Seller grants the Customer a private, non-collective and non-exclusive right of use over said data.

4. The Customer undertakes under these conditions not to reproduce, summarize, modify, alter or redistribute, without the prior express authorization of the Seller, any text, title, application, software, logo, image, graphic charter, trademark, information or illustration, for any purpose other than strictly private use.

12. CUSTOMER SERVICE

For any information or inquiries, the Customer Service team is available to Customers:
– by phone at 09 50 87 66 18: Monday to Friday from 10 a.m. to 12:30 p.m. and from 2 p.m. to 5 p.m.
– by email, at the address contact@charliecrane.fr or via our contact form (link)
– by postal mail at the following address: CHARLIE CRANE – Consumer Services – 10 bis, rue Bisson 75020 Paris – FRANCE

13. MISCELLANEOUS

1. These terms and conditions, together with those set out in the order confirmation email referred to in article 3.2.3, express the entirety of the obligations of the Customer as well as those of the Seller.
The Seller reserves the right to unilaterally modify the terms hereof, the applicable conditions being those in effect on the Website at the date the Customer places their order. It is therefore advised that the Customer regularly refer 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 Website.

2. In the event that any provision of these Terms and Conditions is deemed null and void under any current or future statutory or regulatory provision, or under a final court decision issued by a competent court or authority, that contractual provision shall be deemed unwritten, while all other provisions of these Terms and Conditions shall remain fully binding between the Parties.

3. The fact that either Party does not invoke at any given time any of the provisions of these general terms and conditions shall never be considered as a waiver 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 authoritative for interpretation purposes.

2. Any dispute arising from the performance or interpretation of the provisions of this contract requires the parties to come together and attempt to find an amicable resolution to their dispute before referring the matter to the competent court.

3. In accordance with the provisions of the Consumer Code concerning "the consumer dispute mediation process", after having contacted us and in the absence of a response satisfactory to you, you have the option of resorting free of charge to a consumer mediation procedure with:

CM2C
49 rue de Ponthieu
75 008 PARIS
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

15. Online Dispute Resolution (ODR)

In accordance with the provisions of Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests, and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the consumer is informed that they have the option of resorting to the European online dispute resolution platform (ODR).

This platform, accessible via the following link: https://ec.europa.eu/consumers/odr/, allows disputes arising from an online purchase between a consumer and a trader established in the European Union to be resolved out of court.

The consumer may also contact the professional by email at the following address: support@charliecrane.fr, in order to attempt an amicable resolution of the dispute.