general conditions of sales
Preamble
The Nathalie Chaize online boutique is an e-commerce Website accessible via the Internet open to all users (hereinafter « Internet users »). It is operated by the Company C347 (hereinafter « Nathalie Chaize »).
The Website features information on, and sells, textile products and accessories manufactured by Nathalie Chaize (hereinafter « Products ») to Internet users visiting the Website www.nathaliechaize.fr (hereinafter the « Website »).
For the purposes of these conditions, it is agreed that the Internet user and Nathalie Chaize shall be referred to collectively as Parties and individually as a Party.
Purchases of Products on Website are possible for non-trade physical persons who are consumers over the age of 18 years old with full legal capacity.
The Website does not enable the purchase of products with a view to their resale. Accordingly, orders must not exceed thirty articles or be abnormal in nature. All orders for products sold on the Website imply full and complete acceptance of these General Terms of Sale by the Customer.
Nathalie Chaize reserves the right to change these General Terms of Sale at any time by publishing a new version on the Website. The General Terms of Sale applicable are those featured on the Website on the date that the order is placed.
1. Object
These General Terms of Sale govern the rights and obligations of the Parties resulting from the online sale of the Products proposed on the Website. They form a contractual whole with the summary order form communicated to the Internet user and shall apply to the exclusion of all other documents.
In the event of contradiction or divergence between the terms of these two documents, the document order of precedence is as follows:
- the summary order form, and
- these General Terms of Sale.
2. Products
The Products offered for sale by Nathalie Chaize are limited to Internet Users residing in the following countries:
- France
- Germany
- Austria
- Belgium
- Denmark
- Spain
- Finland
- Greece
- Ireland
- Italy
- Luxembourg
- Monaco
- The Netherlands
- Portugal
- United Kingdom
- Slovakia
- Sweden
Only Products featured on the Website on the date of consultation are offered for sale.
To find out whether a certain Product is in stock, internet users can contact customer services by clicking on the « Contact » link at the bottom of the page.
The photographs used to illustrate the Products are as faithful a reproduction as possible but have no contractual value.
The Internet user is asked to consult individual product descriptions to check its essential characteristics.
3. Orders
3.1. Order registration
Product offers are understood to be subject to stock availability. To order selected Products, after clicking on « Order », the Internet user must identify him or herself.
The automated order registration system is considered to be proof of order nature, content and date.
The internet user must complete the relevant form accurately and mention the information necessary for his or her identification, including, in particular a valid e-mail address and a password of his or her choice which he or she will use later on to identify him or herself on the Website.
The Internet user is solely responsible for preserving the confidentiality of his or her password. The Internet user shall be solely liable for any consequences resulting from all use by third parties which have found out the latter.
The Internet user agrees that the input of these two identifiers is proof of his or her identity.
The information collected is strictly confidential and shall be treated in compliance with the brand’s confidentiality policy and applicable regulations.
The Internet user acknowledges that, at the time of the order, he/she is acquainted with the terms and conditions of sale stipulated in these conditions and expressly declares that he/she accepts them without reservations.
Once the order has been placed an order summary is sent to the Internet user.
3.2. Order validation
After acquainting him/herself with the summary order form, checking its content and correcting any errors it may contain, the Internet user shall tick the box to accept said General Terms of Sale and confirm his/her order by clicking on « confirm order ».
All order acceptance signed by the Internet user by said second « click » shall constitute an electronic signature. Said signature shall have the contractual value between the Parties as a handwritten signature. The order form shall be registered on Nathalie Chaize’s IT records, themselves conserved on a reliable, durable media, and shall constitute an irrevocable order which can only be called into question within the limits of these General Terms of Sale.
Nathalie Chaize reserves the right not to valid the order in the event of:
- Exceeding of the upper limit stipulated in the preamble (30 articles per order and/or order of an abnormal nature),
- Abnormal or abusive exchanges or returns
- Outstanding dispute(s) with the Internet user,
- Total or partial non-payment of a previous order placed by the Internet user,
- Refusal of bank card payment authorisation by banking institutions.
The price owed by the Internet user is the amount indicated on the summary order form.
The Internet user shall pay for his/her order by bank card (Visa, Eurocard/MasterCard/American Express) in accordance with the provisions of this article.
On payment completion, an order summary document shall be sent by email to the electronic address indicated as a receipt for the Internet user’s order. In the event of product non-availability after order validation, the Internet user shall be informed by email, within 5 days of validation of his/her order. The Internet user shall have the option between a refund of the order amount, which shall be performed promptly, within thirty days of payment of his/her order at the latest, and delivery of a product of equivalent quality and price.
4. Price – Transfer of title
4.1 Prices are indicated in Euros incl. VAT, exclusive of preparation and delivery charges. They are valid for the territories in question.
Products shall be invoiced at the price valid on the order validation date.
Value-added tax shall apply at the rate valid in mainland France on the date of the order.
Preparation and delivery costs are communicated to the Internet user on the Website at the following address: www.nathaliechaize.fr
All orders placed and delivered outside France may be liable for taxes and/or customs duties on arrival at their destination. Said customs duties and/or taxes associated with deliveries of orders outside French territory, shall be paid by the Internet user and are his/her responsibility. Nathalie Chaize is not required to check, or inform the customer of the charges and taxes applicable in the country of destination.
The Internet user has the following payment options:
- either in cash, in full, on the date when the Internet user places the order,
- or in three instalments at no extra charge, the first instalment being due on the date on which the Internet user placed the order, the other two instalments being due in accordance with the terms and periodicity featured on the summary order form.
To make your bank card payment, you will be transferred automatically to the BNP PARIBAS online payment server. The BNP PARIBAS server is protected by SSL 3.0 (Secure Socket Layer) secure encryption designed to protect all data associated with payment methods. BNP PARIBAS supervises its platform and the operations submitted to it 24 hours a day, 7 days a week. At no time will your bank data transit on the Nathalie Chaize IT system.
4.2. Transfer of title of Nathalie Chaize products, to the Internet user, shall only take effect after payment in full of the price by said latter.
5. Delivery:
Nathalie Chaize shall do its utmost to ensure that its orders are delivered within an average maximum deadline of 10 working days from receipt of order, by postal package.
Orders registered on the Website after 1pm on Friday afternoon, on Saturdays or Sundays shall be processed on the following Monday. Orders registered on the Website on a bank holiday shall be processed on the following working day.
Delivery times are communicated for information purposes only. Exceeding may not give rise to any damages, retention or cancellation of order by the Internet user.
However, if the Products ordered have not been delivered (within 7 days) of the indicated delivery date, for any other reason than force majeure, transport and/or postal services strike, the sale may be cancelled on the date written by the Internet user or Nathalie Chaize. In this instance any sums paid by the Internet user shall be returned to him/her (by cheque or bank transfer) within 30 days, to the exclusion of all compensation or retention.
Products ordered by the client shall only be delivered in the territories defined in article 2 above.
Nathalie Chaize declines all liability in the event of exceeding of said delivery deadline as a result of postal services or means of transport.
Delivery is not guaranteed in the event of force majeure.
The Internet user is required to check the condition of the delivered products.
In the event of loss of the ordered products or damage during delivery, the client shall submit an evidenced complaint to customer services within 15 days: accompanied by full documentary evidence associated therewith, to the following address:
C347 Nathalie Chaize
13 rue Jean Elysée Dupuy - Champagne au Mont d’Or.
After said deadline and on failure to comply with said formalities, the Products shall be deemed to be compliant and exempt from all apparent defects and no complaint may be validly accepted by Nathalie Chaize.
Nathalie Chaize shall, at its earliest convenience and at its expense, replace any delivery Products whose apparent defects or compliance defects have been duly proved by the Internet user.
6. Cancellation right
In accordance with article L121-16 of the Consumer code, the Internet user shall enjoy a period of fifteen working days from date of receipt of the Products to return the Products that it has ordered, at its expense, with no need to provide a reason.
In order to be eligible for return, the Products must not have been worn or washed.
Products must be returned in their original condition and packaging at the following address:
C347 Nathalie Chaize
13 rue Jean Elysée Dupuy- Champagne au Mont d’Or. [Ndt Ville ? Pays ?]
Under no circumstances may the Products be returned to a store or point of sale.
If the above conditions are fulfilled, the price of the Products shall be refunded within thirty days of receipt of the Products by Nathalie Chaize. The costs of returning the Products shall be paid by the Internet user.
7. Liability & Guarantee
The Internet user shall be solely liable for his/her choice of Products, care and use of the latter.
All Products benefit from the statutory conformance guarantee stipulated in Articles L. 211-4 and subsequent of the Consumer Code, plus the hidden defect guarantee of Articles 1641 and subsequent of the Civil Code, on condition that use has been normal and the care instructions have been followed.
In accordance with article L211-4 of the Consumer code, the seller is required to deliver a good that complies with the contract and answer for any conformance faults existing on delivery. Nathalie Chaize shall not be liable or at fault if it provides proof that all delays or non-fulfilment were the result of a case of force majeure usually acknowledged as such by French case law, or is attributable to the Internet user or to an unforeseeable or insurmountable act by a third party to the contract.
8. Confidentiality policy
Nathalie Chaize is careful to protect the personal data communicated to it by the Internet user. Nathalie Chaize undertakes to respect the confidentiality of the Personal Data sent to it.
In accordance with law n°78-17 of 6 January 1978 on IT, files & civil liberties, amended by law n°2004-801 of 6 August 2004, the Internet user enjoys a right to access, rectify, delete and oppose its personal data.
All Personal data shall be sent to and stored at the Website hosting provider situated in France, whose contact details are featured on the Website in the « Legal Mentions » section.
Nathalie Chaize shall not transmit any of his/her Personal Data to third parties for prospection purposes.
Nathalie Chaize may be required to disclose Personal Data to legally authorised institutions and authorities, if disclosure is required or authorised by law, or whenever necessary or appropriate to satisfy laws and other applicable legislation, or to protect or defend its rights or those of its employees, clients or all other persons.
The Personal Data shall only be conserved for the period of time strictly necessary to manage the relationship with the customer.
Nathalie Chaize has taken all necessary precautions to ensure the security of its files and the protection of its IT system, in particular to prevent Personal Data from being tampered with, damaged or accessible to unauthorised third parties.
Nathalie Chaize reserves the right to change this Confidentiality Policy at any point in time. Consequently, it shall be required to revise it frequently on the Website.
If substantial changes are made, you shall be informed on by e-mail or via a notice displayed on the Website home page.
9. Law of contract – Jurisdiction
This contract is governed by French law.
In the event of failure to reach an out-of-court settlement within 2 months, all disputes resulting from this contract, concerning its validity, interpretation, execution, fulfilment, consequences and results of the latter, shall be submitted to the competence of the French courts of jurisdiction.
10. Partial non validity
If one or more terms of these General Terms of Sale are deemed to be invalid or declared as such by a law, a regulation or pursuant to a decision passed to enforce a res judicata judgement of a competent court, the other terms shall retain their entire force and scope.
These General Terms of Sale and the order confirmation sent to the customer shall form a contractual whole and constitute the entire contractual relations between the parties.
This contract shall be governed by French law. In the absence of out-of-court settlement, sole jurisdiction shall be awarded to the French courts.
