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
email: online@hervechapelier.com
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");
And
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 OVH GS SAS a company with a capital of 50.000 €,
registered in the Paris Register of Commerce (RCS) under number RCS LILLE 520
598 186 located 2 Rue Kellerman 59100 ROUBAIX France, tel: +33 (0)8 203 203 63.
Project,
design, creation & developpement
www.staffcom.fr
Photos Lifestyle © David Duchon Doris
Packshots Presswall
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), Australie,
Canada, China, Hong Kong, Singapour, South Korea, Metropolitan France and
Corsica, Greece, Germany, Belgium, the Netherlands, Luxembourg, Monaco, the
United Kingdom, Italy, Spain, Sweden, Austria, Finland, Denmark, Ireland, Switzerland 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.
Purpose
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.
Products; Warranties
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
online@hervechapelier.com 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 Euros.
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.
Exchanges.
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.
Orders
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 $1500 . In excess of this
amount, Customers may contact our Customer Service, online@hervechapelier.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 CIC Monetico System secure payment service or Paypal
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 CIC
Monetico or Paypal service 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 CIC Monetico or
Paypal service , 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.
Signature and Proof
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.
Liability
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. Privacy
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 online@hervechapelier.com or info@hervechapelier.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 26 – 2023