GENERAL TERMS AND CONDITIONS
These general terms and conditions of sale (the “GT&C”), which pursuant to article 1369-1 of the French Civil Code, can be saved electronically by anyone visiting this Site by means of a computer record and can also be reproduced by the Client through printing, are entered into by and between,
Hervé Chapelier LOVAT SAS, a company with an issued share capital of 305 000 €
40 avenue Edouard Vaillant, 92100 Boulogne, France
Phone Number: +33146082235
SIRET No.: 313 485 344 00037 - APE 514S
Registered in the Paris Register of Commerce (RCS) under number RCS NANTERRE B 313 485 344 00037
(hereinafter referred to as "Chapelier");
Internet users wishing to make a purchase from the "hervechapelier.com" Web site Hereinafter the”Customer(s)" and the “Site”, respectively)
Each of Chapelier and the Customer shall be referred hereinafter individually as a “Party”, and together the “Parties.”
The present terms and conditions govern the sale of any product offered on the Site by Hervé Chapelier LOVAT SAS or its affiliates.
It is expressly agreed that only purchases completed on the Site will be governed by these GT&C, and any and all items purchased otherwise will be excluded from these GT&C.
The Site is hosted by TACT DEVELOPPEMENT, LLC a company with a capital of 20 000 €, registered in the Paris Register of Commerce (RCS) under number RCS BAYONNE 440 384 527. Alliance, 3 rue du Pont de l’Aveugle, 64600 Anglet, tel: 05 59 70 16 27.
The Parties agree that their relationship and any transactions between them that may be performed through or in connection with the Site shall be governed exclusively by the GT&C as then in effect, and they hereby expressly reject any other term or condition.
The products offered for sale on the Site may not be resold or distributed in any manner.
Consequently, the use of this Site is intended for individual consumers, not merchants. To place an order, the Customer must be a natural person (rather than a commercial entity) at least 18 years of age. If you are under the age of 18, the consent of your parents or guardian is required to purchase any time from this Site and to accept the provisions hereof regarding the collection of personal data.
The products offered for sale on the Site may only be purchased by Customers for delivery to the United States of America (except for Alaska), Australia, Hong Kong, Singapour, Metropolitan France and Corsica, Greece, Germany, Belgium, the Netherlands, Luxembourg, Monaco, the United Kingdom, Italy, Spain, Sweden, Austria, Finland, Denmark, Ireland and Portugal, to the exclusion of any other country.
Chapelier reserves the right to change the list of countries in which products may be purchased through the Site at any time in its discretion.
We do not make any telephone solicitations, and therefore the applicable laws and regulations relevant to these types of transactions do not apply to these GT&C, including Article L-121-21 and L121027 et seq. of the French Consumer Code (the “Consumer Code”).
Any order duly submitted to the Site binds the user who placed it to a complete and unqualified acceptance of these GT&C and, if applicable, to any specific terms and conditions of sale that may be communicated by Chapelier to the Customer in relation to one or more products or orders.
These GT&C are intended to define the mutual obligations of the Parties and to set forth the various stages of the ordering process and the conditions of use of this Site.
2.1 The products and prices as displayed on the Site are current offerings that may be purchased by Customers on the conditions listed herein, subject to stock availability.
Chapelier does not guarantee in any way that products will be continuously available for sale for any stated period of time.
Any claim by the Customer that is related in any way to an order for, or delivery of, a product that is no longer available in stock shall be deemed to be without any basis or merit, and such claim will be rejected.
However, Chapelier undertakes, if a product is not available in stock, to notify by email or by telephone the Customer who placed the order for such item. The Customer will then have the opportunity to either order an alternative product from the Site or cancel the order. If the Customer chooses to cancel the order, the Customer will be promptly refunded if the Customer’s credit or debit card has already been debited.
- - Material on this Site may contain inaccuracies or typographical errors. It is the responsibility of the end-consumer to evaluate the information and other content available through this Site. This Site and the information and materials contained on this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
- - The products displayed on this Site are representative of the available collections. Not all Chapelier products, however, are shown on this Site at any given time. The style, designs and colors of the products shown on this Site may be changed without notice.
- - All of the products displayed on this Site are manufactured in France, adhering to the highest material quality and craftsmanship standards. Chapelier guarantees the authenticity of all products purchased from this Site. Shipment of all products ordered through this Site will originate from France.
- - Chapelier products which are sold on the Site are subject to regulations extending warranties to Customers , including in particular the warranties set forth in Articles L 211-4, L 211-5 and L 211-12 of the Consumer Code (warranty of conformity) and in Articles 1641 and 1648 (warranty regarding hidden defects), first paragraph, of the French “Code Civil,” as quoted in full below in their current version as in effect on the date of these GT&C:
Art. L211-4 Code de la Consommation
“The seller is required to deliver a product which is in accordance with the contract and will be held liable for any lack of conformity upon delivery.
It will also be held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation, if the seller assumed responsibility or had it carried out under its responsibility”.
Art. L211-5 Code de la Consommation
“To conform to the contract, the product(s) must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect to have considering the statements made by the seller, the producer or its representatives, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement sof the buyer which was made known to the seller and which the latter agreed to”.
Article L211-12 Code de la Consommation
“Any available action resulting from a lack of conformity lapses two years after delivery of the product”.
Art. 1641 Code Civil
“A seller is bound by a warranty covering non-visible defects of the good sold which render it unfit for the use for which it was intended , or which so impair that use that the buyer would not have acquired it, or would paid a lesser amount, had he known of them”.
Art. 1648 Code Civil
“The action resulting from a defect must be brought by the buyer within a period of two years following discovery.
In the circumstances provided for in Article 1642-1, the resulting action must be brought, before a lapse of time, within the year following the date on which the seller may be discharged from visible defects”.
However, any damage as a result of improper use or maintenance, abnormal operation, a tear or other damage caused by a foreign object, an accident, or as a result of Customer’s negligence is not covered by this warranty. Our care instructions manual is translated and posted on the Site (http:Hervechapelier.com/conseils.asp).
If a Customer determines that she or he has received a defective or non-conforming product, the Customer must notify Chapelier by email at firstname.lastname@example.org or by registered mail return receipt requested at Herve Chapelier Lovat SAS, 40 avenue Edouard Vaillant, 92100 Boulogne Billancourt, France, indicating the relevant facts and circumstances. The notice must be given within the time period prescribed by law. Chapelier will notify the Customer of the procedure that should be followed with respect to the claim. Hervechapelier.com will then address to the Customer its instructions, after having reviewed the substance of the claim so notified by the Customer and, as appropriate, Hervechapelier.com will proceed with the replacement or repair, at the Customer’s choice, of the product that Hervechapelier.com may have determined to be non-conforming or defective.
- Product Prices and Deliveries
3.1 - Prices are indicated on the “Products” pages when the Customer has selected the country of destination. Prices are quoted in Euro except for Customers who reside in the United States for whom they will be quoted in United States Dollars.
3.2 - The prices that are quoted on the Site are inclusive of all sales or value added taxes and of customs duties, but they do not include the shipping costs. Those shipping costs are calculated after validation of the order at checkout, and they will vary based on the country of destination and the number of products on order. Chapelier uses outside carriers to deliver the products ordered from this Site, and it shall therefore remain free to retain any carrier that in its discretion it deems most suitable, which the Customer understands and irrevocably accepts without any reservation. Chapelier remains, however, responsible for the delivery of the products ordered to the Customer.
3.3 - Confirmed orders are shipped within seven (7) business days after the date of confirmation of the order, and in conformity with Article L-121 of the Consumer Code delivery is completed within thirty (30) days after such date by an independent third party carrier, except in the event of unforeseeable circumstances or force majeure cases that might delay or prevent the delivery notwithstanding the control, efforts, and diligence of Chapelier.
In the event of a failure to deliver the goods under any order within thirty (30) calendar days after the date on which the applicable Customer’s order was confirmed, the Customer may terminate the Parties’ sale contract under the conditions of article L 114-1 of the French Consumer (reproduced below) unless such failure resulted from a Force Majeure event or unforeseeable circumstances as provided above.
Article L 114-1 of the French Consumer Code provides: “With respect to any contract pertaining to the sale of a movable good or the supply of services to a consumer, the professional must, if the delivery of the good or of the supply of the service is not performed immediately and if the price thereof exceeds the minimum floors fixed by applicable regulation, indicate the deadline for the delivery of the good or the performance of the service.
The consumer has the right to cancel the contract of sale of a movable good or the supply of services by registered letter, with return receipt requested, in the event that the actual date of delivery of the good or supply of the services exceeds seven days for any reason other than force majeure.
The contract is, in such event, deemed to have been breached upon receipt by the seller of the goods or the provider of the services, as the case may be, of the letter by which the consumer gives notice of its decision, if the delivery of the goods or the supply of the services has not been performed between the date of dispatch of the letter and its receipt. The consumer shall be required to exercise its right of cancellation within the 60-business day period commencing on the date scheduled for the delivery of the goods or the supply of the services.
Unless otherwise provided in the contract, any amounts remitted in advance will be considered a deposit, with the effect that neither of the parties may withdraw from the contract, the consumer losing the deposit and the merchant being required to restitute double the amount thereof in the event of failure to perform.”
- Returns, Exchanges, Refunds
4.1 – Right of Revocation
Customers may return products ordered from the Site upon the terms and subject to the conditions of the right of revocation provisions of Articles L 121-20 et seq. of the Consumer Code.
1. Any Customer who wishes to return his or her product must fill out the Returns Form available on the Exchanges/Returns page of the Site within fourteen (14) days after receipt of the order.
2. This Form will include an exchange number and a return address.
3. The Customer must ship the bag to be exchanged at the address indicated on the Returns Form, in its original packaging or any other packaging that protects against damage during shipment, within the fourteen-day period after filling out the Returns Form. In accordance with the applicable law, you will bear the costs and risk of such return shipment, and you will be responsible to obtain proof of delivery, which will necessitate shipment by registered mail or like service guaranteeing delivery by a date certain and proof thereof. Shipping costs will depend on the place from which you are shipping the bag.
4. A copy of the Returns Form should be included in the package. Chapelier will inspect the bag and, provided that it is in its original condition, and not used, worn out, stained, torn, or otherwise damaged, Chapelier will refund the purchase price without any unexcused delay and in no event later than fourteen (14) days after being notified that the Customer is exercising her or his right of revocation. It is further specified that the refund shall be in the amount of the totality of the amount paid, including the shipping costs originally included in the purchase price and VAT, except that Customers who had ordered products for delivery outside of the European Union will receive a refund for the original cost of the product only, not including customs duty and other costs of delivery.
It is further expressly stipulated that any refund shall be exclusively remitted to the party who paid the purchase price for the order, crediting the same means of payment as was used for the order, even in the case of a product ordered through our gift program or other cases where the recipient of the product is not the same party as the person who paid for it.
Customers may exchange any bag purchased from this Site, subject to the conditions set forth below.
1. Any Customer who wishes to exchange his or her product must fill out the Exchange Form available on the Exchanges/Returns page of the Site within fourteen (14) days after receipt of the order.
2. This Form will include an exchange number and a return address.
3. 3. The Customer must ship the bag to be exchanged at the address indicated on the Exchange Form, in its original packaging or any other packaging that protects against damage during shipment, within the fourteen-day period after filling out the Exchange Form. In accordance with the applicable law, you will bear the costs and risk of such return shipment, and you will be responsible to obtain proof of delivery, which will necessitate shipment by registered mail or like service guaranteeing delivery by a date certain and proof thereof. Shipping costs will depend on the place from which you are shipping the bag.
4. A copy of the Exchange Form should be included in the package. Chapelier will inspect the bag and, provided that it is in its original condition, and not used, worn out, stained, torn, or otherwise damaged, Chapelier will issue an online credit without any unexcused delay and in no event later than fourteen (14) days after being notified that the Customer is exercising her or his right of revocation. (Alternatively, based on technological capabilities at the time of the request, Chapelier may simply refund the credit card or debit card originally used, which the Customer may then utilize again to buy a replacement product.) It is further specified that the credit shall be in the amount of the totality of the amount paid, including the shipping costs originally included in the purchase price and VAT, except that Customers who had ordered products for delivery outside of the European Union will receive a credit for the original cost of the product only, not including customs duty and other costs of delivery.
The credit must be used within sixty (60) days after the date of its issuance, for the purchase of a replacement product on this Site. To purchase a replacement product, Customer should go back to our home page and follow the regular purchasing procedure. Customers are responsible for the purchase price of any replacement product in excess of the credit.
4.3 – Others Returns
Chapelier does not accept any return which is not provided by articles 2, 4.1 and 4.2 of these GT&C and is not in full compliance with the terms and conditions therein.
5.1 - Each Customer who wishes to purchase a product displayed on the Site shall follow the following process to place his or her order.
Payment terms: the Customer may pay by credit card as indicated on the Site for all orders with an aggregate value of less than $1000 (for United States Customers) or €1000 (for all other Customers). In excess of this amount, Customers may contact our Customer Service, email@example.com, to make arrangements for a bank wire payment. All major credit cards are accepted: Visa, Eurocard, and Mastercard. Charges must be authorized before shipment may be prepared.
Orders placed by the client are firm and irrevocable, and are subject to the terms and conditions hereof.
Customers placing an order must enter and validate their address, the product ordered, and the total price. The Customer will be asked to supply the number of a valid credit or debit card, its expiration date, and the security code.
The Customer will validate the order by clicking on the "Validate" button.
Such validation shall be deemed to conclude the transaction of sale between the Parties, and to bind them irrevocably, except that Chapelier may refuse to fulfill an order that it deems to be too large or that Chapelier suspects to be for resale, or otherwise to violate these GT&C, or that relate to products that are not available in stock or otherwise not ready for shipment at the time.
- - Chapelier will acknowledge receipt of the order by email as soon as it is validated.
- – The date of delivery will be indicated in the electronic mail validating the order.
- Security of Payments Made by Credit Card
6.1 - In order to insure the security of the payments made by credit or debit card, the Site uses the Paybox System secure payment service, which incorporates the SSL security protocol. Confidential data (credit card numbers with 16 digits, expiration date, and security code) are transmitted directly, in encrypted form, to the server maintained by Paybox without any relay through the hervechapelier.com server.
6.2 - Once the order is validated by the Customer, the request for payment is routed in real time to the electronic payments manager at Paybox, who addresses a request for authorization to the credit card network.
The electronic payments manager will deliver to the Customer an electronic certificate with respect to each authorized payment.
7.1 - For all payments by credit card made on the Site, the electronic certificate delivered by the electronic payment manager shall constitute proof of the amount and date of the transaction, in accordance with the provisions of Article 1316 of the French Civil Code.
In this respect, the dates and time of the server shall be binding on the Parties.
7.2 - In all events, the validation of the order shall be deemed to be a signature and an express acceptance of all the transactions performed on the site.
8.1 -. Customer is exclusively responsible for her or his Internet connection, for ensuring that she or he has the technical and computer means necessary in order to place the order and that her or his web browser allows a secured access to the Site. Customer must also make sure that the configuration system used to place the order is in a reasonable working order and does not contain any viruses.
8.2 – To the extent permitted by applicable law, Chapelier disclaims liability for any indirect or consequential damages pursuant to these GT&C.
8.3 Chapelier shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these GT&C if the same is wholly or partly caused by circumstances beyond its reasonable control and, without limiting the generality of the foregoing, shall be under no liability in the event of Force Majeure as such term is defined by French courts.
8.4 - ,Chapelier shall not be responsible if the network or email system of the Customer fails to accept or receive emails sent from the Site, including but not limited to because the email is directed towards a Spam box, and without limiting the generality of the foregoing Chapelier shall not be responsible for the Customer’s failure to receive the payment receipt, the order status, or the follow-through email tracking shipment. Likewise, Chapelier shall not be responsible in any way, shape or form, for any such event.
9. Intellectual Property
9.1 - All materials on this Site, and the Site itself, are protected by copyrights, trademarks, and/or other intellectual property rights. These materials are owned by Chapelier or its subsidiaries or affiliates. All rights are reserved, worldwide.
9.2 - The name and mark "HERVE CHAPELIER", the logos, stylized letter, and all marks depicted in this Site, whether registered or unregistered, constitute trademarks, service marks or other intellectual property of Chapelier or its affiliates.
9.3 - The materials contained on this Site are displayed for information and for promotional purposes only. This Site is solely for private, personal, and non-commercial use. Customer may download or copy materials on this Site solely for Customer’s personal non-commercial use. Customer does not obtain any right, title, or interest in any material or software as a result of any such downloading or copying. Customer may not reproduce (except for Customer’s personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, or create derivative works based on, nor sell or participate in any sale relating to this Site, nor any of the materials on this Site, nor any software related thereto.
9.4 - This Site may contain links to other websites. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. Chapelier shall not be liable for the availability of, or any content or material contained in, or obtained through, any such sites. Chapelier does not, by linking to another site, or by making reference to any third-party information, products or services, endorse such sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website shall be permitted without Chapelier's prior written permission
10.1 - In the course of the processing of the order, certain identifying data relative to the Customer is collected. The Customer hereby acknowledges his/her/their understanding of and consent to such process. In accordance with the French statutory laws numbered 78-17 (of January 6, 1978) and 2004-801 (of August 6, 2004), the Customer has the right at all times to have access to such data and to rectify it to the extent provided by law.
10.2 - The computer processing of such data instituted by Chapelier has been reported to the CNIL in a standard declaration bearing the number 1110105.The information provided to Chapelier is for the purpose of registering the Customer, administering the website services, and/or processing any orders that a Customer may place online. Otherwise, Customer-supplied information shall be used only to review the performance of Chapelier and to improve its services to the Customer, or to communicate with the Customer on matters concerning the order where a Customer has placed an online order.
10.3 - Chapelier does not sell, rent, or disclose our Customers' names, addresses, email addresses, or other personal information to any non- Chapelier entity.
10.4 - Chapelier uses appropriate security measures to protect the information provided to Chapelier by Customers. However, while Chapelier takes all reasonable steps to protect Customers' personal information, the Customer must accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and the Customer shall not hold Chapelier liable for any breach of security unless this is due to gross negligence on the part of Hervechapelier.com.
10.5 - Cookies are items of information that can be sent by a web site to a computer's browser for record-keeping purposes. Cookies are used by Chapelier to ascertain which web pages are visited and how often, to make the web site more user-friendly, and to give the Customer a better experience when he/she returns to the website. For example, cookies allow Chapelier to save the Customer's password so that he/she does not have to re-enter it every time he/she visits the site. Most web browsers automatically accept cookies, but the Customer does not have to accept them. To disable cookies, the Customer should access the "help" tab on his/her browser or read the information that came with the browser software. However, the Customer's visit to the website will be significantly enhanced if cookies are not disabled.
10.6 Our Customers may, at any time, request that we remove and permanently delete any information pertaining to them from our records, which request may be emailed to firstname.lastname@example.org or email@example.com.
11. Applicable Law - Jurisdiction
These terms and conditions of sale shall be construed in accordance with and governed in all respects by the laws of France.
In the event that any provisions of these GT&C shall be held invalid or unenforceable, for any reason including but not limited to as a result of a change in the applicable legislation or regulations or a new judicial pronouncement, such lack of binding effect shall not affect the validity of these GT&C or of any other provision hereof.
These GT&C are governed and shall be interpreted in accordance with French law, without regards to conflicts of law principles. The Convention on the International Sale of Goods (CISG) is hereby expressly included. The Parties hereby agree to submit to the exclusive jurisdiction of the French courts with respect to any controversy that may arise in connection with the interpretation or performance of these GT&C and/or in relation to the Site and/or in connection with any attempt to purchase products through the Site.
Chapelier reserves the right to seek and obtain injunctive or other equitable relief to protect its rights hereunder.
April 7 – 2014