GENERAL TERMS AND SALES CONDITIONS
ARTICLE 1 – SCOPE OF APPLICATION
1.1 The present general terms and sales conditions (hereinafter “GTSC”) apply to all orders placed on the website www.celinerobert.com (the “Site”) relating to the purchase of products on the Site (the “Products”) by the company groupe HERMAN INTERNATIONAL, 18 rue du Champ Fleuri 72 190 Coulaines, registered at the RCS Le Mans under the number 444 361 695 (intra-Community VAT number FR 325 14 035 534).
1.2 The use of the remote sales service described in the present GTSC is reserved only to consumers as defined by the law and jurisprudence, acting exclusively on their own behalf (hereinafter “Customers”). CELINE ROBERT CHAPEAUX does not intend to sell its Products to professionals. The Site does not allow the purchase of its Products in order for them to be resold.
1.3 The GTSC can be modified at any time by CELINE ROBERT CHAPEAUX.
Subject to any provision contrary to the law, the GTSCs applicable to CELINE ROBERT CHAPEAUX relationship with the Customer are those in force on the day the order is confirmed. They will apply to the exclusion of any other conditions.
CELINE ROBERT CHAPEAUX does not engage in any cold calling and thus the provisions of the French Consumer Code relative to cold calling are not applicable to orders related to the present GTSC.
1.4 The GTSC do not govern the delivery of services or the sale of products from any entities different to CELINE ROBERT CHAPEAUX who may appear on the Site via links, banners or hypertext links. CELINE ROBERT CHAPEAUX cannot in any instance be held responsible for the delivery of services or the sale of products from third parties, or from the conclusion of e-commerce operations between users of the Site and third parties.
ARTICLE 2 – ORDERS
2.1 The costs of internet connection and access are the Customer’s responsibility.
2.2 Orders are placed exclusively on the Site and give rise to an obligation of payment. All orders are approved by the Customer via a click on the button “pay” which constitutes an irrevocable acceptance which can only be contested within the limits laid down in the GTSC.
All orders imply previous awareness and acceptance without reserve of the GTSC by the Customer. The Customer accepts being subject to the GTSC in the context of the validation of his/her order by clicking on the button “pay”. Unless otherwise proved, the data saved by CELINE ROBERT CHAPEAUX constitutes the proof of all transactions made between CELINE ROBERT CHAPEAUX and its Customers.
The Customer will have the possibility, before definitively validating the order, to return to previous pages and to correct or modify the order and the information previously entered before confirming the order to express his/her acceptance.
A confirmation of the order validated by the Customer will be sent via e-mail prior to the shipping of the order, and will render the sale definitive subject to the right of the Customer to retract the order. In order to exercise this right to retract, the Customer must first receive the Products and proceed to return them according to the prescribed legal conditions as well as the GTSC.
2.3 The version of GTSC applicable for any given order can be conserved by the Customer by electronic saving or by printing on a paper medium. CELINE ROBERT CHAPEAUX archives elements that constitute the concluded contract with the Customer on a viable and sustainable medium. In accordance with legal dispositions, each Customer has the right to access these documents for orders equal to or above GBP 120. To this end the Customer has the possibility to contact Customer Services by the contact form at http://www.menlook.com/en/contact-us.html.
ARTICLE 3 – AVAILABILITY OF PRODUCTS
3.1 Product and price offers are valid as long as they are visible on the Site, while stocks last, not including promotional operations indicated as such on the Site. Sales are concluded subject to the effective availability of Products.
3.2 In the eventuality that an ordered Product is unavailable for reasons outside the control of CELINE ROBERT CHAPEAUX, the Customer will be informed, as soon as CELINE ROBERT CHAPEAUX learns of this unavailability, via e-mail. The order of this product will automatically be cancelled and reimbursed without delay, and at the latest in the 30 days following the payment made by the Customer.
When the order includes several Products, all available products will be delivered.
CELINE ROBERT CHAPEAUX reserves the right to offer replacement Products to the Customer of an equivalent quality and price. Any subsequent return postage charges in case of the exercise of the right to withdrawal by the Customer for the replacement Product will be, in this case, reimbursed to the Customer on the basis of the cost paid by the Customer if the prepaid label is not available.
3.3 Additionally, as a retailer that does not have a significant permanent stock, CELINE ROBERT CHAPEAUX reserves the right to refuse orders of a large number of the same Product, this being applicable on any more than 2 identical Products. CELINE ROBERT CHAPEAUX also reserves the right to refuse any order coming from a Customer who may not have paid for a previous order (excluding cases of retraction as permitted under the law).
ARTICLE 4 – PRICE, METHODS OF PAYMENT AND RETENTION OF TITLE;
4.1 CELINE ROBERT CHAPEAUX reserves the right to modify its prices at any time but the Products will be billed on the basis of the prices in force at the time of the validation of the order by the Customer.
4.2 The prices of Products are indicated in euros (€) including all taxes (VAT), excluding contribution to the costs of processing and shipping fees that are subject to a separate section at the time of the order, according to the nature of the order. These charges and the total amount due are brought to the attention of the Customer before the validation of the order on the confirmation of the order page. Delivery fees can be looked up on the Site, at the foot of the welcome page in the section “YOUR ACCOUNT .
4.3 CELINE ROBERT CHAPEAUX constantly verifies the accuracy of its prices, but is unable to guarantee the absence of material errors. If an error in the price of a Product appears, CELINE ROBERT CHAPEAUX will give the possibility to the Customer to reconfirm the purchase of the Product at the correct price or cancel the order. If CELINE ROBERT CHAPEAUX does not obtain any response from the Customer within 14 days, or if CELINE ROBERT CHAPEAUX is unable to contact the Customer, the order will automatically be cancelled and reimbursed. MENLOOK has no obligation to sell a Product at a clearly incorrect price, even if the order confirmation has already been sent to the Customer.
4.4 Products remain the property of CELINE ROBERT CHAPEAUX until the full payment of the price by the Customer.
4.5 Payment of orders occurs:
– by PayPal
– by chek
ARTICLE 5 – DELIVERY AND TRANSFER OF RISK
5.1 The deadline for delivery of Products is communicated to the Customer before the definitive validation stage of the order. The indicated delivery times, available on the Site, at the foot of the welcome page in the section “YOUR ORDER – Delivery times and costs” http://www.menlook.com/uk/cms-shipping-partners.html, is indicated in working days. When one order concerns several Products and when these have different delivery dates, the date of delivery of the order to take into account is the one with the furthest away date. CELINE ROBERT CHAPEAUX reserves the possibility to ship items separately. In this case, the Customer will only be billed the shipping costs for one delivery.
5.2 Products are delivered to the address indicated by the Customer at the time of order. Unless otherwise indicated on the Site, deliveries of Products take place in France as well as other countries on the list which can be consulted on the Page shipment .
5.3 In the case of delayed delivery, an information e-mail will be sent to the Customer and a new delivery date will be offered.
An investigation will then be opened with the shipping company to locate the package. The duration of this investigation may vary between 3 weeks and 1 month, depending on the time of year.
In any case, and in accordance with legal dispositions, if the delivery delay exceeds 7 days due to any cause other than force majeure, the Customer will benefit from the possibility to cancel the order by sending a letter by recorded delivery to CELINE ROBERT CHAPEAUX customer services at the address of its headquarters within 60 working days of the initial delivery date. The amount paid by the Customer for the order and shipping costs will be reimbursed if the package has not been received in the meantime. If the Product is received after the date CELINE ROBERT CHAPEAUX receives the cancellation, the return fees will be paid by the Customer and the return of the Products will only be accepted if the Products are in a state allowing them to be resold as new.
CELINE ROBERT CHAPEAUX does not accept any responsibility regarding delivery delays if the Customer provided an incomplete or incorrect address while ordering, if the recipient of the package is absent at the time of its delivery, or if the Products are not collected from a Post Office or at the address indicated by the carrier according to the time period and methods indicated by the notice left by the carrier. All redelivery fees will be the responsibility of the Customer. The reimbursement or return of products can only be carried out following the closure of the investigation.
5.4 The transfer of risk occurs at delivery, at the moment when the Products are delivered to the delivery address provided by the Customer.
5.5 It is strongly advised to the Customer to notify the carrier at the time of delivery any concerns about the packaging or the condition of the products (e.g. opened package, damaged package, missing products, damaged products, products different to the order (different colours or dimensions etc). In case of any anomalies, the Customer must provide the carrier with the necessary concerns in an understandable, detailed and precise way in no less than 3 days (not including Bank Holidays) following the delivery via a letter by recorded delivery or via an extrajudicial document, without prejudice to the Customer’s right to challenge CELINE ROBERT CHAPEAUX within the conditions and limits laid down by the law and by the present GTSC. This notification must be transmitted in the same time period to CELINE ROBERT CHAPEAUX Customer Services either by letter by recorded delivery to the address of the headquarters or via the contact form http://www.menlook.com/uk/contact-us.html. Beyond this delay, and with the exception of hidden defects, no claim will be accepted by CELINE ROBERT CHAPEAUX ,the Products being considered as being accepted without reservation by the Customer.
ARTICLE 5 – RIGHT OF RETRACTION AND EXCHANGE
In accordance with article L121-21-8 5º of the French Consumer Code, underwear and cosmetic products do not benefit from the right to retraction.
5.1 In accordance with the legal dispositions, the Customer has available a period of 14 days following the date of receipt of the order to return any Product without justifying the reason. The return fees in the case of a request for reimbursement will be the responsibility of the Customer. However, if the prepaid label is available, the Customer may use it.
When the right to retraction is exercised by the Customer, CELINE ROBERT CHAPEAUX can also offer store credit or an exchange. The Customer is free to refuse this offer and can claim the full reimbursement of the full amount. If the Customer requests store credit or an exchange, the retraction period held by CELINE ROBERT CHAPEAUX is 30 working days following the receipt of the package. In the case where the Customer, following the exercise of his/her right to retraction, chooses a request for store credit or an exchange, and only in these cases, CELINE ROBERT CHAPEAUX takes responsibility for the cost of return of the initial order. The fees of the return shipment will be reimbursed to the Customer on the basis of the price paid by him/her if the prepaid label is not available.
In the case where the Customer, following the exercise of the right of return, chooses an exchange (another size or colour), the price of the new replacement Product for the initial Product will be the price in force when the order was initially placed. If the Product affected by the exchange has changed price (whether an increase or decrease), it will not lead to any additional reimbursement or charges.
5.2 In case of exercise of the right of return, whether it is for a reimbursement, store credit or an exchange, the Customer must place the Products he/she wishes to return in their original and intact packaging if this is possible (shoe box, for example) and in a condition allowing resale as a new Product, then place it in a suitable cardboard box which will guarantee the safe transport and security of the Products in order to return them to CELINE ROBERT CHAPEAUX. The Customer must also attach the delivery receipt found inside the initial package and any other document that can identify the order and the Customer. If the prepaid label is available, the Customer may use it.
Customers who have to return a Product from outside of metropolitan France must pay the cost of return, including the payment of import taxes and other possible taxes payable on the receipt of the package. CELINE ROBERT CHAPEAUX will not proceed with any reimbursement, exchange or store credit if the package has not been first received by the Customer, taxes paid and package returned. The risk of the return is held by the Customer. It is therefore essential to return the package in any way that proves its shipment and the date of shipment. In case of litigation, in order to open an investigation for a potentially lost package, proof of shipment will be requested prior to the opening of an investigation.
The Customer will have the possibility to return the Products for which he/she has used his/her right of retraction to a Store. Returns to Stores will not be possible however during periods of sales.
If the package is lost or damaged during the return of the Product, the cost of the damage is the responsibility of the Customer.
Only the Customer, identified as such by CELINE ROBERT CHAPEAUX, can exercise this right, with the exclusion of any other person, notably the person receiving the delivery. The delivery address is Customer Services Céline Robert Chapeaux 18 rue du Champ Fleuri 72 190 Coulaines France.
If following a return in the exercise of the right of retraction, the Customer requests an exchange, the order comprising the new Product will only be shipped by CELINE ROBERT CHAPEAUX once the initial Product which is the item to be exchanged is received. If this initial Product is not received by CELINE ROBERT CHAPEAUX within 15 working days following the communication of the decision of the Customer, CELINE ROBERT CHAPEAUX reserves the right to cancel the new order and to reimburse the Customer according to the applicable rules in case of retraction.
After an initial exchange or store credit request, it is no longer possible to obtain a reimbursement of your order. Only store credit will be offered.
In the case of implementation of the right of retraction by the Customer, only the price of the Product(s) bought and the costs of delivery will be reimbursed as soon as possible and at the latest 14 days following the receipt by CELINE ROBERT CHAPEAUX of the returned Products.
In the case of partial retraction of the order, the Customer, who may have benefited during the initial order by free delivery due to the order being over a certain amount, may be billed for the delivery costs corresponding to the effective delivery, if the amount is less than the limit for free deliveries. Additionally, if several Products have been ordered, the delivery costs will be reimbursed pro rata for the number of Products returned by the Customer if the delivery costs depend on the number of articles ordered (fees vary according to price range of the order) and they will not be reimbursed if they are a lump sum payment (same price for 1 or 10 Products delivered).
Article 6 – Conformity of the Products
6.1 The photos presented on the Site are illustrative and indicative. For technical reasons (IT and photographical), the reality of the Products may sometimes differ slightly from the image given by the photos on the Site. The Customer is invited to read the description of each Product to know its exact characteristics. In case of doubt, or to obtain additional information, it is possible to contact Customer Services by e-mail http://www.menlook.com/uk/contact-us.html.
6.2 CELINE ROBERT CHAPEAUX is committed to reimburse the Customer or to proceed with an exchange of Products that are apparently defective, damaged or spoiled or that do not correspond with the order. In this case, the Customer must indicate the situation in a detailed manner and return the Product(s).
In any case, the Customer benefits from legal guarantees of conformity and of hidden defects, in accordance with the legal dispositions in force.
Reminder of articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and articles 1691 and 1698, first paragraph, of the French Civil Code:
« Article L.211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, installation instructions or installation when it was his responsibility under the contract or was carried out under its responsibility.”
« Article L.211-5 of the Consumer Code: To comply with the contract, the product must : 1° Be suitable for the purpose usually associated with such a product and, where applicable: – Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model ; – Possess the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
« Article L.211-12: Action resulting from lack of conformity within two years from delivery of the goods. »
« Article 1641 of the Civil Code: The vendor is required to guarantee in respect of hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired, or would have paid a lower price if he had known. »
« Article 1648 of the Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »
INTELLECTUAL AND INDUSTRIAL PROPERTY
All illustrations, images, characters, modes of presentations, graphics and characteristics of the Site are and remain the exclusive property of CELINE ROBERT CHAPEAUX or holders of said rights having accorded the right to commercialisation to CELINE ROBERT CHAPEAUX. Any reproduction, representation or use of the said rights by a Customer will constitute an offence resulting in legal action.
DATA PROTECTION, PERSONAL DATA
The information and data concerning the Customer are strictly used by MENLOOK for order management and the execution and follow-up of commercial relations. This data may also be used by CELINE ROBERT CHAPEAUX for internal statistical purposes.
The database formed as such has been declared to the CNIL (the French Data Protection Authority) (No. 1475943). This data can be sent to companies involved in these relationships (such as those responsible for the performance of services and orders) for their management, execution, processing and payment. This data is also retained to pursue security objectives, identification of improvement and customization of services.
The Customer has at any time the right to access, correct or oppose any personal data that concerns him/her. This right is exercised by contacting our Customer Services via e-mail http://www.menlook.com/uk/contact-us.html.
The Customer may receive, from CELINE ROBERT CHAPEAUX, offers for products or services similar to or that have already been the subject of an order, or newsletters. The customer will at any time have the right to object free of charge for the future, on terms specified in each shipment.
ARTICLE 7 APPLICABLE LAW, LITIGATION
The contract formed by acceptance of the present GTSC is subject to French law. The application of the UN Convention on Contracts for the International Sale of Goods from 11 April 1980 is excluded.
The language of this contract is the French language. It is specified that this text is available in several languages. However, the French version prevails in case of dispute about its interpretation.