Terms of Sales
The present general sales conditions of the CAROLLECTION CAROLINE DE BENOIST Company (hereinafter referred to as "CBD"), 16 rue du Croissant, 75002 Paris, with a Share Capital of 1000 euros, registered with the Paris Trade and Companies Register under number 823 106 018, SIRET 82310601800018, represented by Caroline de Benoist, as President duly authorized for the purposes herein, define the rights and obligations of the parties for any order for products made exclusively on the website "www.carolinedebenoist.com" (hereinafter after referred to as the "Site") of CBD. The company can be reached by email by clicking on the form accessible via the home page of the site.
The Site's services are offered internationally, in French and English. Each physical person, major and capable, or moral, wishing to benefit from the services of the Site will be hereinafter referred to as the "Member". Each purchase or reservation of a product made by a Member on the Site under the conditions provided for in these General Terms and Conditions of Sale will be hereinafter referred to as "My Basket".
Article 1 - Terms of order and price
1.1. Terms of order
After confirmation of the contents of his order, the Member validates it by proceeding to the payment of the corresponding price. The order will be final only from the actual receipt of payment by the EPV. Full and unconditional acceptance of these Terms and Conditions of Sale is mandatory for all orders, for which the Member must check the corresponding box before confirming the content of the order.
The price in euros including all taxes of each product, excluding shipping costs, is indicated in the corresponding product sheet. The total amount of the order, including the shipping costs and the costs related to a possible gift packaging order, are indicated before payment of the order. In addition, once the order has been validated, the prices and fees remain accessible in the "My Account" section of the Site.
For orders placed outside French territory, the provisions of the General Tax Code relating to VAT will apply (price calculated excluding taxes on the invoice). If customs duties or legal taxes are payable, they will be the responsibility of the Member and their payment and the related formalities (such as declarations to the authorities and / or competent bodies) will be the sole responsibility of the Member. The Member is invited to inquire about these aspects with the local authorities.
The EPV reserves the right to modify the prices of the products at any time, the products being invoiced on the basis of the prices displayed at the time of the registration of the order.
In the section "promotions": next to the selling price of the product practiced by CBD, is the reference price (crossed out) which is the price practiced before the application of the "promotion".
Article 2 - Availability of products
A product may be removed from the Site at any time without notice from CBD.
In the event of unavailability or withdrawal of the product ordered after placing the order, the Member will be informed by email of the delivery of a partial order or the cancellation of his order.
The Member then has the faculty:
- Or to be delivered a product of quality and equivalent prices, within the limits of available stocks. In this case, the return costs following the exercise of the right of withdrawal, specified in Article 6, are borne by CBD;
- Or to be refunded the sums he has paid no later than 14 days after his order, by recredit of the means of payment used during the order.
Article 3 - Payment-Confirmation of Order
Payment cards accepted to date are: CB, Visa, MasterCard, JCB and American Express. CBD opted for CIC's proposed MONETICO payment solution.
The bank account of the Member will be debited at the end of the validation of the order, it is considered effective after confirmation of the agreement of payment centers.
The Member warrants that he is fully entitled to use the payment card provided for the payment of his order and that this card gives access to sufficient funds to cover all costs resulting from the use of the services of the Site.
CBD will systematically confirm the order of each Member by email. The Member may print the order confirmation confirming the transaction.
A copy of this proof of the transaction will be kept by MONETICO for a period of 5 years, plus the limitation periods in force.
MONETICO will archive this proof on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1379 of the Civil Code. The computerized registers of the Site will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 4 - Security
The Site is the subject of one of the most effective security systems to date. It has adopted MONETICO's Secure Socket Layer (SSL) encryption process and has strengthened all scrambling and encryption processes to protect all sensitive data related to payment methods as efficiently as possible. CBD never has access to confidential information relating to the Member's means of payment.
Indeed, only the General Treasury of Yvelines and MONETICO have confidential information (card number, date of validity) which are inaccessible by a third party.
Article 5 - Delivery
5.1. Terms and delivery charges
CBD delivers parcels throughout mainland France, overseas territories, Monaco, Corsica and internationally.
The products are sent to the delivery address that the Member has indicated during the ordering process.
The Member is informed by e-mail of the sending of his parcel, also indicating to him:
- an original invoice including delivery charges and VAT is available online on the Site under the heading "My Account" and an invoice printing will be attached to the package (accompanied by the withdrawal form);
- the tracking number of his package.
The delivery costs are calculated according to the carrier, the total weight of the order and the delivery address.
5.2. Delivery time and delivery delays
The delivery times are agreed after the assumption by the carrier of the order.
The times indicated are indicative average times expressed in working days.
Deliveries in Metropolitan France and Monaco:
- the Colissimo formula followed by France (delivery between 2 and 8 days);
- Corsica if different from D + 3 to D + 4
- DOM-TOM from D + 6 to D + 11
- Europe from D + 3 to D + 6
- World of D + 6 to D + 11
For orders placed on Fridays, weekends or holidays, the deadlines announced above will run from the next business day.
In accordance with Article L 216-2 of the Consumer Code, if the Member has not received his order within the time limit stated in the "delivery" step of his order, he can then contact the CBD by email to the following address: firstname.lastname@example.org in order to request the CBD to make the delivery within a reasonable time. CBD Customer Service will then initiate an investigation with the carrier and notify the Member within 48 hours of receiving the Member's email.
- If the package is found, it is then sent to the Member: the reception procedure then follows its normal course (deposit package or notice, etc. ...).
- If the package is declared lost, the CBD then notifies the Member within a maximum of 48 hours, 72 hours after the initiation of the investigation after receipt of the request for information by the Member.
Two solutions are then offered to the Member:
• The CBD may propose to the Member to return a product identical to that ordered, as soon as possible. The CBD will bear the cost of shipping this product. The CBD will include in the package a waiver form whereby the Member agrees to return the first package to the CBD if it receives it after the second package has been sent. The cost of returning the first parcel to the CBD will be refunded by the CBD to the Member by bank transfer, in accordance with the bank details provided by the Member when returning the parcel originally ordered.
• The Member can request the cancellation of his order by email at the following address: email@example.com. The order will be considered canceled upon receipt by the CBD of the mail. The Member will be reimbursed the amount of his order and delivery costs, by crediting the method of payment used in the order and under the conditions below. Following the refund, the CBD will send the Member a waiver form in which the Member agrees to return the product to the CBD in the event that the Member finally receives the product initially ordered. The cost of returning the first parcel to the CBD will be reimbursed by the CBD to the Member by bank transfer, in accordance with the bank details provided by the Member when returning the parcel originally ordered.
In accordance with Article L216-3 of the Consumer Code, the CBD will reimburse the Member of the price of the product (s) ordered and the delivery costs at the latest within 14 days of the cancellation of the order.
In accordance with Article L241-4, if the CBD does not reimburse the Member for all the sums paid by the consumer under the conditions set out in Article L. 216-3, the sum paid by the Member will be automatically plus 10% if the refund is made at the latest thirty days beyond this term, from 20% to 60 days and 50% later.
In addition, it is recalled that in the event that the Member has expressly indicated to the CBD that the expected delivery date was an essential condition of the order (This essential condition resulting from the circumstances surrounding the conclusion of the contract or an express request of the consumer before the conclusion of the contract), the Member then has the possibility to immediately cancel his order, in case of delay of delivery.
5.3 Delivery made
For the record, article L216-4 of the code of consumption provides that any risk of loss or damage of the ordered products is transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, physically takes possession of these goods.
The Member undertakes to receive the ordered products at the delivery address listed on the order confirmation e-mail.
The Member must imperatively date and sign the delivery note if it is presented to him by the carrier. This dated and signed bill is proof of transportation and delivery. In case of absence of the Member, he has a deadline indicated by the carrier to receive his parcel.
Article 6 - Right of withdrawal
The following provisions meet the conditions set out in Article L221-18 of the Consumer Code.
In accordance with the provisions of Article L 221-18 of the Consumer Code, Members have the right to withdraw for 14 clear days from the date of delivery of their order, without having to justify any reason or pay penalties. Only the expenses mentioned in article 6.3 will remain his responsibility. This period runs from the receipt of the package by the Member.
In the case where the order relates to several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or last piece.
The products defined in article L.221-28 of the Code of the consumption can not be the object of a right of retractation by the Member, the products concerned being in any case designated as such to the Members before the conclusion of the sale, in the technical sheets. For example, products that have been unsealed by the consumer after delivery and can not be returned for reasons of hygiene or health protection, products that may deteriorate or expire quickly, periodicals, magazines, newspapers, customizable products and audio, video or computer software where they have been unsealed by the consumer are not subject to this withdrawal period, and therefore can not be subject to a return or a refund.
The return of a product (s) ordered (s) will give rise to a refund equal to the sums paid by the Member, ie the purchase price of the product (s) and delivery charges .
However, it is understood that the following costs will be borne by the Member:
- The expenses of return of the parcel by the Member to the Site, generated by the exercise of this right of retraction
- gift card fees (in application of article L221-28 of the French Consumer Code)
- All other additional costs.
It should also be noted that the product (s) must be returned in their original packaging.
The refund of the Member will be made within 14 days of the day of receipt of the parcel by the CBD. The refund will be made on the same means of payment as that used by the consumer.
In the event of late payment, and in accordance with Article L221-24 of the Consumer Code, the CBD shall apply the following late payment penalties:
• 0 to 10 days late: Interest at the legal rate
• From 11 to 20 days late: + 5%
• 21 to 30 days late: + 10%
• 31 to 60 days late: + 20%
• 61 to 90 days late: + 50%
• And then +5 points per month of delay until the price of the product then application of the legal interest rate
Article 7 - Legal guarantees
The Member benefits from the legal guarantee of conformity mentioned in the articles L. 217-4 and following of the Code of the consumption and the legal guarantee relating to the hidden defects of the sold thing mentioned in articles 1641 and following of the Civil code, of which a reproduction partial figure below.
It is reminded that the Member has the choice between the implementation of articles L. 217-4 and following of the Consumer Code (legal guarantee of conformity) and the implementation of articles 1641 and following of the Civil Code (legal guarantee hidden defects):
7.1. Legal guarantee of conformity (L. 217-4 and following of the Code of the consumption):7.2. Guarantee for hidden defects (articles 1641 and following of the civil code):
When the Member acts as a legal guarantee of conformity:
- it has a period of two years from the delivery of the product ordered to act;
- he can choose between repairing or replacing the product concerned (if it is still available for sale) subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- It is forbidden to prove the existence of the lack of conformity of the ordered product if it appears within 24 months from the delivery of the ordered product.
7.2. Guarantee for hidden defects (articles 1641 and following of the civil code):
The Member may decide to implement the legal warranty against hidden defects of the product sold within the meaning of Article 1641 of the Civil Code within 2 years from the discovery of the defect.
In this case the Member can decide the resolution of the sale (product recovery and total refund) or a price reduction (partial refund of the product) in accordance with Article 1644 of the Civil Code.
No product will result in exchange or refund without the agreement of the CBD and before being redirected (preferably in its packaging) by the Customer Service Member.
Customer Service undertakes to exchange the product (s) concerned, or to refund the Member as soon as possible.
Return costs and, if applicable, shipping costs of the new product are borne by the CBD.
These provisions are not exclusive of the right of withdrawal defined in article 6 above.
7.3. Exclusion of guarantees
Products that have been modified, repaired or incorporated by the Member or any other person not authorized by the supplier of the said product are excluded from the guarantee. The warranty will not support products damaged due to misuse by the Member.
Partial reproduction of the aforementioned articles:
Article L. 217-4 of the Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility ".
Article L. 217-5 of the French Consumer Code: "To be in conformity with the contract, the property must: Be fit for the customary use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
- or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted ".
Article L217-9 of the Consumer Code: "In case of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer. "
Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the property".
Article 1641 of the Civil Code: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which renders it unfit for the use for which it is intended, or which decreases so much this use, that the buyer does not would not have acquired, or would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".
Article 8 - Responsibilities
In accordance with Article L221-15 of the Consumer Code, the CBD is legally responsible to the Member for the proper performance of the obligations resulting from the order, whether these obligations are performed by the CBD itself or by other service providers chosen by him, without prejudice to his right of recourse against them.
However, he may exonerate himself from all or part of his responsibility by proving that the non-performance or the bad execution of the contract is attributable either to the Member, or to the unpredictable and insurmountable fact of a third party to the contract, or to a case of force majeure.
Article 9 - Modification of the general conditions of sale
The CBD reserves the right to modify these Terms and Conditions at any time. Any new version of these will be indicated beforehand on the first page of the "Contact" section. In case of modification, will be applied to each order the general conditions of sale in force on the day of placing the order.
Article 10 - Personal data
The website implements data processing whose main purpose is the management and tracking of orders, their delivery, payment, customer relations and prospecting.
The Member must register prior to an order or during an order on the Website of the online store. The data identified by an asterisk are mandatory, in their absence, the Member's request can not be processed.
In this context, the legal basis for the processing of your personal data is contractual. These data are kept for 3 years (or 10 years if it is billing data), in accordance with the law of January 6, 1978 amended "Data processing and Freedoms" and the European regulation 2016/679 of April 27, 2016 says "General Data Protection Regulation", you have a right of access, rectification, limitation, portability and deletion on your data.
Article 11 - Miscellaneous
11.1. In the event that any of the terms of the General Conditions of Sale is considered illegal or unenforceable by a court decision, the other provisions will remain in force.
11.2. Pursuant to Articles 1365 et seq. Of the Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the information provided by the Site is valid between the parties. The scope of proof of the information provided by the computer systems of the CBD is that granted to an original in the sense of a written paper document, signed in a handwritten manner.
11.3. Failure by the Member to comply with the obligations under these General Terms and Conditions of Sale, and in particular regarding any incident of payment of the price of an order, may result in suspension of access to the Site's service, or even termination its Member Account according to the degree of seriousness of the acts in question, without prejudice to any damages that the CBD may request. Accordingly, the CBD reserves the right to refuse any order from a Member with whom such a dispute exists.
Article 12. Law - Litigation
The present General Terms and Conditions of Sale established in French will be executed and interpreted in accordance with French law. In the event of a dispute, the Member will first contact the CBD for an amicable solution.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", the customer has the right to use the free mediation service proposed by the CBD. The mediator "consumer law" thus proposed is MEDICYS.
This mediation device can be reached by:
- electronic way: www.medicys.fr;
- or by post: MEDICYS- Center of mediation and amicable settlement of the judicial officers- 73, Boulevard de Clichy, 75009 - Paris.
Otherwise, the French courts will be competent.