General terms and conditions of sale
www.franckherval.com (the Website) is produced by the Company Les Chamanes France SAS with capital of € 277 330.00 and head office at 279 Avenue d’Allemagne, Montauban, 82000, France, registered in the Montauban trade registry under number 510 005 853, European VAT number FR02 510005853.
I – APPLICATION OF THE GTCS.
The general terms and conditions of sale (the “GTCS”) detailed below apply to all orders for articles placed on the Website (the “Products”) with the Company Les Chamanes France by any person (the “Customer”).
The Customer must be aware of the GTCS before placing any order (the “Order”), the GTCS are available on the Website.
The customer declares:
That they have capacity to conclude this contract
That they are not purchasing products with the aim of reselling them.
Chamanes France reserves the right to modify or adapt these GTCS at any time. The version of the General Terms and Conditions of Sale is applicable to all sales shown on the Website www.franckherval.com, when the Order is placed. Consequently, the action of “Ordering” requires the Customer’s unreserved and irrevocable adherence to these GTCS by clicking on the button “I have read and accept the general terms and conditions of sale”.
II – INFORMATION AND ACCESSIBILITY OF THE WEBSITE
The website is accessible to all users having an internet connection by definition 24/24, 7/7, except when interrupted by the company Chamanes France or its service providers, whether for maintenance, security or force majeure. Chamanes France may not be held liable for any damage, of whatever nature, resulting from the lack of availability of the Website.
Chamanes France does not guarantee that the Website be free of errors, breakdowns or bugs. It may fix freely and at its entire discretion any period of non-availability of the Website or its content.
Chamanes France reserves the right to modify or upgrade the Website, for technical or commercial reasons, when these changes do not impact negatively the conditions of the provision of services. The Customers may be informed of these changes however their acceptance is not sought.
III – REGISTRATION ON THE WEBSITE
To make an order, the Customer must register on the Website by creating an account providing the Customer’s details (the “Account”).
The Customer’s registration on the Website is carried out using a form. The Customer receives an e-mail confirming the registration.
On creating the account, the Customer must make sure that their details are correct. In the event of an error in the addressee’s details, Chamanes France may not be held liable if it is impossible to deliver the Products. The Customer must keep their personal details up to date to avoid any delivery problems.
To facilitate the registration and connection to the Website, the Customer may fill in the registration form automatically using the option “Facebook Connect”. In registering on the Website, the Customer declares and guarantees to Chamanes France that they are adult and have the legal capacity to conclude a contract.
Chamanes France may delete the Customer’s Account at any time, for any reason, at its sole discretion.
In compliance with the provisions of law n° 78-17 of 6 January 1978 relating to data protection, the website has been declared to the “CNIL” (French National Data Protection Commission) under reference number 2106403 v 0.
IV – THE PRODUCTS
The products offered for sale by Chamanes France are those shown on the website www.franckherval.com, on the day of consultation of the website by the customer.
The products are available for sale subject to the stocks available.
However, in the event of errors in this presentation, Chamanes France may not be held liable.
The photos and descriptions illustrating the products are purely indicative and have no contractual value. Chamanes France may not be held liable for the cancellation of the Order for a Product due to its being out of stock.
V – THE ORDERS
The placing of orders on the Website is subject to the respect of the procedure set up by Chamanes France on the website comprising successive stages culminating in the confirmation of the Order.
The Customer may select as many Products as they wish which are added to the basket (the “Basket”). The Basket recapitulates the Products chosen by the Customer plus the price and related costs. The Customer may freely modify the Basket before confirming the Order. Confirmation of the Order signifies acceptance by the customer of the GTCS, the Products bought, their price and the associated costs.
A confirmatory e-mail recapitulating the Order (Product(s), price, quantity, delivery) will be sent to the Customer. In this case, the Customer formally accepts the use of electronic communications for confirmation of the contents of the Order. The invoices are available in the section “my orders” on the website.
VI – PRICES AND MEANS OF PAYMENT
Customs duties and other such taxes are not included in the price paid by the Customer. These costs must be paid by the Customer directly to the transporter.
The prices of the products are indicated on the Website in euros. (Including VAT but excluding customs duties and other taxes).
All the prices displayed are calculated including the value added tax (VAT) applicable in France. The prices indicated take account of the VAT applicable on the day of the order. If the rate changes, the change may be incorporated into the price of the products without the user being informed beforehand.
Chamanes France may modify its prices at any time but the products are invoiced on the basis of the prices in force at the time when the order is registered and paid for.
The payment system is managed by Banque Populaire, company registered in the Toulouse trade registry under number 560 801 300 with head office at 33-34, Av. Georges Pompidou, 31135 BALMA CEDEX.
The Customer expressly recognises that the communication of their bank card number to Chamanes France signifies authorisation for their account to be debited for the price of the Products ordered. According to the case, an advice of cancellation of the Order for default of payment will be sent to the Customer by Chamanes France at the e-mail address provided by the Customer when registering on the Website.
The data recorded and conserved by Chamanes constitute proof of the Order and all past sales. The data recorded by CyberPlus Paiement constitute proof of any financial transaction between the Customer and Chamanes France.
The deliveries are carried out by the services of Colissimo and Chronopost.
The delivery charges applicable to the Order are those mentioned on the Website at the time of payment.
Delivery is carried out at the address indicated by the Customer, noting that this must be the domicile of the Customer, of a natural person chosen by them or a legal person (delivery to their work address).
Chamanes France delivers the Orders within a maximum deadline in principle of 12 (twelve) working days for a Delivery in mainland France and Corsica and 20 (twenty) working days for an international Delivery, this deadline running as from the day following the confirmation of the Order. On the day following the uploading of a collection and throughout the month of December or other event, the Delivery deadline may be increased by 10 (ten) days, in view of the substantial and exceptional volume of Orders.
For these deadlines to be respected, the Customer must make sure they communicate full and exact information to the carrier concerning the Delivery address (Street number, building, stairway, access code, interphone names and/or numbers). Chamanes France may not be held liable for any loss or damage suffered following a transport delay, only the reimbursement of the Product by Chamanes France being possible.
VIII – REIMBURSEMENT AND RETURNS
All customers have a right of cancellation. A cancellation form is available on receipt of the Products by the Customer.
There is no penalty for exercising the right of cancellation. When this right is exercised by the Customer, the Product must be returned to Chamanes France within 14 (fourteen) days (starting on the day of receipt of the Products). Beyond this deadline of 14 (fourteen) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original state, new, not having been worn, with the delivery form.
The reimbursement is made subject to Chamanes France’s receiving the Products initially delivered. Unless otherwise requested by the Customer, Chamanes France makes the reimbursement using the same means of payment as was used for payment of the Order.
Chamanes France pays the cost of returning the Product if it arrived defective. If the Customer does not respect these GTCS, Chamanes France may not reimburse the Products concerned.
IX – GUARANTEES – LIMITS TO LIABILITY
The company Chamanes France only has a due care obligation for all the stages of access, ordering, delivery or subsequent services. The company Chamanes France may not be held liable for any inconvenience or damage inherent in using the internet, notably an interruption of service, external intrusion or the presence of computer viruses, or a force majeure incident, in compliance with jurisprudence.
Moreover, Chamanes France disclaims liability for any failure to exercise its contractual obligations in the event of a force majeure or fortuitous incident, including, without this list being exhaustive, strikes, fire, disaster, breakdown and in general any event preventing the proper execution of the orders.
Chamanes France’s liability concerning any Product bought on the Website is strictly limited to its purchase price.
The documents, descriptions and information relating to the Products shown on the Website are covered by no guarantee, explicit or implicit, excepting the guarantees provided for by law.
X – PARTIAL INVALIDITY
If one or several stipulations of these GTCS are held to be invalid or declared so in application of a law, a regulation or following a definitive ruling of a competent court, the other stipulations shall maintain all their force and scope.
XI– APPLICABLE LAW – JURISDICTION
The sale of the Products is subject to French law.
Any dispute relating to the interpretation of the GTCS, the execution or cancellation of a sale, the interpretation, execution or cancellation of these GTCS, in default of an amicable settlement, is subject to the jurisdiction of the legally competent courts.
In the event that one of the clauses of this contract became null and void due to a change in legislation, regulations or a judicial ruling, this shall not affect the validity and respect of these general terms and conditions of sale.
XIII – Duration
These terms and conditions are applicable for as long as the services offered by Chamanes France are available on line.