TERMS OF SALES

1. PURPOSE

The website www.ceinturier.com (hereinafter “the Website”) is published by the company, SARL LE CEINTURIER LT, whose registered office is located at 16, imp. de la Fraignaie - 85800 Le Fenouiller, RCS LA ROCHE SUR YON 834 409 286, intra-community VAT FR86834409286, telephone: 09 52 711 611, email info@ceinturier.com (hereinafter “LE CEINTURIER”).

The general terms and conditions of sale detailed below aim to define the contractual rights and obligations between LE CEINTURIER and any consumer, a natural person, visiting or making a purchase via the said Website (hereinafter “THE CLIENT”).

On the Website, LE CEINTURIER allows the Client to order online products of the LE CEINTURIER brand (hereinafter “the Product(s)”) in accordance with these general terms and conditions.

The validation of the order placed with LE CEINTURIER by the Client implies unreserved acceptance of these terms and conditions of sale and the recognition of having a perfect understanding of them.

These general terms and conditions may be modified at any time and without notice by LE CEINTURIER, the applicable conditions being those in force on the date of the order by the Client.

The Website is hosted by the company Shopify Inc., whose registered office is located at 150 Elgin Street, Suite 800, OTTAWA, ON K2P 1L4, Canada, telephone: 1-888-746-7439, email: support@shopify.com .

2. PRODUCTS AND COMPLIANCE

2.1 The Products offered for sale are presented on the Website and accompanied by a description.

2.2 The Products offered by LE CEINTURIER comply with the standards applicable in France.

2.3 Elements such as photographs, texts, graphics, as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Client acknowledges.

Consequently, LE CEINTURIER cannot be held liable for any error or omission of any of these elements or in case of modification of said elements by suppliers and/or publishers.

LE CEINTURIER strives to present the Products offered on the Website as faithfully as possible. Nevertheless, viewing on the Website does not allow for a full appreciation and rendering of the colors and/or textures of the materials. LE CEINTURIER's liability cannot therefore be engaged due to a too marginal nuance between the colors and/or textures viewed on the Website and the colors and/or textures of the Product delivered.

3. CLIENT'S OBLIGATIONS

3.1 The Client declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing them to place an order on the Website.

3.2 The Client undertakes to communicate to LE CEINTURIER the real information elements necessary for the performance of the service covered by these conditions as requested online and according to their situation, in particular their valid surname, first name, postal address, telephone, and email.

The Client is responsible for the consequences resulting from false or inaccurate information provided or whose use would be illicit.

4. LIABILITIES

LE CEINTURIER has only an obligation of means for all stages of access to the site, from the order process to parcel dispatch, or subsequent services.

LE CEINTURIER is only responsible for the content it has published itself.

LE CEINTURIER's liability cannot be engaged for any inconvenience or damage inherent in the use of the internet network, including service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.

5. PRICE

LE CEINTURIER reserves the right to modify its prices at any time without notice, particularly in the event of changes in tax or economic data.

Only the current prices indicated at the time of order registration will apply.

Prices are indicated in euros (excluding taxes and including all French taxes) and do not include any delivery costs, which are, where applicable, charged extra and whose amount is indicated before final validation of the order by the Client.

The Client assumes any potential customs responsibility.

Full payment of the price must be made at the time of order.

6. ORDER

Validation of the order by the Client implies acceptance of the price, product description, and these General Terms and Conditions of Sale.

The Client must provide a valid email address and delivery address and acknowledges by these General Terms and Conditions of Sale that any communication with LE CEINTURIER may take place via this address.

The Client must choose the delivery method and validate the payment method.

LE CEINTURIER reserves the right to cancel or refuse an order in case of Client's payment default, incorrect address, dispute over a previous order, or any other problem on the Client's account, until the problem is resolved.

In case of a clear pricing error, in accordance with French law, Le Ceinturier reserves the right to cancel any order containing an incorrect price, even after its validation. The customer will be informed as soon as possible and fully reimbursed if necessary.

If, despite LE CEINTURIER's vigilance, the Products are unavailable, LE CEINTURIER will inform the Client by email as soon as possible. The Client may then cancel the order for this Product(s) and be reimbursed for the associated price, the remainder of the order remaining firm and definitive.

7. PAYMENT

Full payment must be made at the time of order. At no time can sums paid be considered as deposits or down payments. No cash on delivery shipments will be accepted, regardless of the reason.

The Client pays for their order by credit card, Paypal or check in accordance with the provisions of this article.

For any credit card transaction, the Client will indicate the number appearing on the front of their card, the expiry date of their card, and the cryptogram appearing on the back of their card (last three digits).

In accordance with the provisions of Law n°2000-230 of March 13, 2000, the online provision of the Client's credit card number and the final validation of the order constitute proof of the Client's agreement to the payment of the sums due under the order form, signature and express acceptance of all transactions carried out.

All payment solutions adopted by LE CEINTURIER are 100% secure; for credit card payments, all information that the Client communicates to LE CEINTURIER is strictly protected.

Upon validation and receipt of payment for the order, LE CEINTURIER will send the Client an email confirming it.

8. DELIVERY

LE CEINTURIER delivers its Products in France to all countries of the European Union and can deliver to any country upon request.

Delivery is only made after confirmation of payment by LE CEINTURIER's banking institutions.

Products are shipped to the delivery address or relay point indicated by the Client during their order, the Client must ensure that they have provided accurate and complete information (such as, in particular: street number, building number, staircase, floor, access codes, names and/or intercom numbers, etc.)

The delivery times indicated on the Website are indicative, corresponding to average processing and delivery times.

LE CEINTURIER undertakes to inform the Client of the progress of their order processing and cannot under any circumstances be held responsible for consequences due to a return of delivery that is not its fault.

In case of delivery delay of more than seven (7) working days, if the product has not been shipped, the Client may cancel the order by registered letter with acknowledgment of receipt or by a written document on a durable medium (e.g., email) and request a refund of their order, which will be processed by LE CEINTURIER within a maximum of 14 days upon receipt of the request.

If the Product has been shipped before receipt of the order cancellation for delivery delay of more than seven (7) working days, LE CEINTURIER will proceed with the refund of the Product and shipping and return costs, within 14 days of its receipt, complete, in its original condition and with all tags.

In case of damaged parcel (already opened, missing product…), the Client undertakes to notify the carrier (if applicable, do not sign the delivery note unless you make reservations and refuse the goods) and LE CEINTURIER, by all means, all reservations within 3 days following receipt of the product.

In case of non-conformity of the Products with the order, the Client undertakes to inform LE CEINTURIER within 3 days. The Client may then request a new delivery conforming to their order without additional cost, or if impossible, request the cancellation of the contract with reimbursement of the sums paid.

For certain postal codes corresponding to difficult areas, mountain localities, as well as for coastal islands and Corsica, delivery via DPD may not be available. In this case, delivery will automatically be made by Colissimo to the home, with delivery to the mailbox.

LE CEINTURIER reserves the right to adapt the delivery method according to the area served.

8.1 Scheduled delivery – DPD Predict

For certain home deliveries, LE CEINTURIER offers the DPD Predict service, allowing the Client to choose a delivery day and time slot (3-hour slot).

The Client is informed of the delivery slot and can, until 11 p.m. the day before the scheduled day, modify it (change of date, address, delivery to a neighbor, a Pickup relay point, a DPD agency, or a safe place).

It is the Client's responsibility to ensure their presence during the selected slot. In case of absence during the carrier's visit, a new presentation of the parcel may be made, which may lead to an extension of delivery times as well as additional costs charged to LE CEINTURIER by the carrier.

After 11 p.m. the day before, the delivery is maintained at the chosen slot and can no longer be modified.

In the event of choosing a delivery option without hand delivery (in particular delivery to a safe place), responsibility for the parcel is transferred to the Client upon its availability.

9. PRODUCT RETURNS AND REFUNDS

RIGHT OF WITHDRAWAL

The Client may exercise their right of withdrawal and return the Product within 14 working days from the day after receipt of delivery.

The Client will exercise their right of withdrawal by contacting LE CEINTURIER customer service by email info@ceinturier.com .

After communicating their decision to withdraw, the Client then has 14 days to return the goods.

Any withdrawal or return not carried out according to the rules defined above and within the given deadlines cannot be taken into account and will release LE CEINTURIER from any responsibility towards the Client.

The Client may request an exchange or refund of the returned product, without penalty, with the exception of return costs which remain their responsibility. Nevertheless, in case of an exchange, delivery costs may be charged again to the Client.

The return or exchange of the Product can only be accepted for Products as a whole, intact and in their original condition, in particular with complete, intact and salable packaging.

LE CEINTURIER must reimburse the Client for the totality of the sums paid, including delivery costs, within 14 days of retrieving the goods.

9.1 Return (Outside European Union)

Any return or exchange from a country outside the European Union must be preceded by contacting LE CEINTURIER customer service at the following address: info@ceinturier.com, to be assisted with the procedure.

The client is responsible for ensuring the accuracy of the customs declaration and the completeness of the required documents, to avoid any additional costs during the import of the returned product. In case of costs resulting from an incorrect, incomplete or missing declaration, these will be borne by the client and may be deducted from the refund amount.

10. UNCLAIMED PARCEL

The Client undertakes to collect their parcel within a maximum of 6 days when notified of its availability at the chosen relay point.

If the parcel returns to our workshop and the Client wishes to receive it again, shipping costs will be charged.

In the event of a refund request by the client, LE CEINTURIER will refund the amount of the order, with the exception of shipping and return costs, which will be retained to cover the costs charged by the carrier (a flat rate of €7).

11. WARRANTY

In addition to the legal guarantees of conformity (articles L.217-4 et seq. of the Consumer Code) and the legal guarantees against hidden defects (articles 1641 et seq. of the Civil Code), LE CEINTURIER offers the Client a commercial guarantee for any belt purchase, covering the conformity of the Products and ensuring the repair of the Product in case of non-conformity for a period of 2 years. This commercial guarantee is valid on all LE CEINTURIER brand products.

For belts, this warranty covers buckle breakage, rivets and snaps, and any section of the leather.

This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products; the warranty can in no case cover leather deformations, scratches, patina and wear due to friction, buckle scratches.

To claim the commercial warranty, the Client must contact LE CEINTURIER customer service by email at info@ceinturier.com and justify their request by providing as much detail as possible, including attaching photos of the Product. Shipping costs are the responsibility of the Client.

12. INTELLECTUAL PROPERTY

The structuring of the site as well as the texts, graphics, images, photographs, sounds, videos, listed products, and computer applications that compose it are the property of LE CEINTURIER and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Website, by any process whatsoever, without the prior, express and written authorization of LE CEINTURIER, is strictly prohibited and would constitute an infringement within the meaning of articles L.335-2 et seq. of the Intellectual Property Code.

Access to the Website does not imply recognition of a right and, in general, does not confer any intellectual property right relating to an element of the Website, which remains the exclusive property of LE CEINTURIER.

The user is prohibited from introducing data on the Website that would modify or be likely to modify its content or appearance.

Subject to written agreement, LE CEINTURIER may authorize the creation of hyperlinks to any page or document on the Site. LE CEINTURIER reserves the right to have a hyperlink pointing to its site deleted at any time if LE CEINTURIER deems it non-compliant with its editorial policy.

Under no circumstances shall LE CEINTURIER's agreement entail its liability concerning the content of a site using a link pointing to the Site.

The Site may contain hyperlinks pointing to other websites over which LE CEINTURIER has no control. Despite the prior and regular checks carried out by LE CEINTURIER, it declines all responsibility for the content that may be found on these sites.

13. FORCE MAJEURE

The parties are exempted from their obligations in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code prevents their performance.

The party invoking such a circumstance must notify the other party within 15 days of the occurrence of this event by registered letter with acknowledgment of receipt and upon its disappearance.

The obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.

Are considered cases of force majeure all irresistible and unforeseeable facts or circumstances, unavoidable and which cannot be prevented by them, despite all reasonably possible efforts, defined as such by French jurisprudence and in particular, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, lightning, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, blocking of telecommunications including wired or wireless telecommunication networks.

If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

14. APPLICABLE LAW AND COMPETENT JURISDICTION  

These General Conditions are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the applicable rules of jurisdiction.

15. GENERAL PROVISIONS

15.1 Partial invalidity of a clause

If any of the stipulations of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.

15.2 Applicable texts

Art. L. 211-4. of the Consumer Code

The seller is bound to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when it was his responsibility under the contract or was carried out under his responsibility.

Art. L. 511-5 of the Consumer Code

-To be in conformity with the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where applicable:

• correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
• present the qualities that a Customer can legitimately expect given the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the Customer, brought to the attention of the seller and which the latter has accepted.

Art. L. 211-12. of the Consumer Code

The action resulting from the lack of conformity is prescribed by 2 years from the delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the warranty against hidden defects in the sold item that render it unfit for the use for which it is intended, or that so diminish this use that the Customer would not have acquired it, or would have given only a lower price for it, had he known of them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

16. PERSONAL DATA

LE CEINTURIER undertakes to protect your privacy in accordance with legal requirements, including the General Data Protection Regulation which came into force on May 25, 2018 in the member states of the European Union.

LE CEINTURIER undertakes to use the confidential information of Customers only within the framework of the operation of its Site.

17.1 CUSTOMER CONSENT

By providing personal data on our Site, the Customer accepts the terms of this Privacy Policy and expressly consents to the collection, use and disclosure of their personal data as set forth in this Privacy Policy, as well as to the privacy terms of Google (our statistical analysis tool) and Shopify (our e-commerce platform) stipulated in this policy.

17.2 COLLECTED DATA

17.2.1 The personal data collected on the Site are as follows:

- first name, last name

- postal address

- email address

- phone number

- payment information

Personal data is collected when the Customer places an order, creates a customer account or subscribes to the newsletter.

17.2.2 OTHER DATA COLLECTED

Our Site uses "Cookies", small files stored by an Internet server on a device's hard drive. These Cookies or other similar technologies automatically collect information about the Customer's preferences and settings, in order to identify them, obtain information about their use of the Site and manage the various services provided. LE CEINTURIER thus notably uses Cookies to improve the Customer's browsing experience on the Site.

LE CEINTURIER uses the following Cookies:

• Identification cookie;
• Geolocation cookie;
• Abandoned cart cookie;
• Most/last viewed items cookie;
• Most/last viewed products cookie;
• Social media cookies;
• Audience measurement cookie.

The deletion and/or deactivation of Cookies leads to a degraded customer experience and service, however, the Customer can configure and/or delete Cookies from their browser at any time.

17.3 PURPOSES OF DATA COLLECTION

As data controller, LE CEINTURIER collects the Customer's personal data lawfully and in compliance with their rights. The main purpose of collecting personal data is to offer a safe, optimal, efficient and personalized Customer experience.

The information collected by LE CEINTURIER, including personal data, is used for the following purposes:

• Account creation and access procedure, account management;
• Manage orders, provide products and services, process payments, transmit orders;
• For the technical management of the Site and its operational functions (including logistics), as well as for resolving any technical problems, statistical analyses, tests and research;
• To prevent or detect fraudulent activities or abuse that could harm the Site or jeopardize the security of transactions;
• To manage, if applicable, promotions, contests or any event available on the Site;
• To respond to Customer requests (e.g., managing information requests) and communicate with them.

17.4 SHARING OF COLLECTED DATA

LE CEINTURIER undertakes to keep all personal data collected via the Site and to share it only in certain circumstances and in accordance with the provisions of Law n° 78-17 of January 6, 1978 as amended.

LE CEINTURIER does not share personal information, except in the following cases:

• Internal use: LE CEINTURIER transmits information to its advisors and third-party service providers who work on behalf of the company and require access to Customer data in order to perform tasks entrusted to them by LE CEINTURIER (for example: hosts, online payment providers and organizations, carriers); these service providers will only have access to Customer data to perform these services and will be bound by the same security and confidentiality obligations as LE CEINTURIER;
• For analysis purposes: LE CEINTURIER transmits data to third parties for statistical analysis purposes, LE CEINTURIER does not sell, exchange or rent the Customer's identifiable personal data to third-party websites or third-party companies for commercial purposes; these service providers have limited access to the Customer's data, within the framework of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

As indicated above, the Customer's personal data may be transferred and/or otherwise accessible to third-party service providers, including outside the European Economic Area, for the sole purposes of providing services or if required by applicable regulations.

LE CEINTURIER will systematically require these third parties to take, in accordance with current regulations, all appropriate organizational and technical measures to preserve the security and confidentiality of personal data.

By using the Site, the Customer expressly consents to the transfers of their personal data under the conditions described above.

Data transfer to Shopify

LE CEINTURIER uses Shopify as its e-commerce platform. To learn more about the use of data collected by Shopify, please visit https://www.shopify.com/legal/privacy?utm_source=exacttarget&utm_medium=email&utm_campaign=support&utm_content=gdpr

Data transfer to Google Analytics

LE CEINTURIER uses Google Analytics, a website analysis service from Google, Inc. (“Google”) to improve the functioning of the Site. Google uses the data collected to track and study the use of the Site, to prepare activity reports and to share them with other Google services. Google may use the data collected to contextualize and personalize the advertisements of its own advertising network. The Customer can consult the page https://policies.google.com/privacy to avoid being tracked by Google Analytics.

Data transfer to social networks

The Site uses various social media plugins provided by the most important social media (e.g. facebook.com and twitter.com).

By browsing the Site, browsing data may be transferred directly to the social networks concerned, even without direct interaction from the Customer. The Customer acknowledges and accepts that the management of social network plugins is directly handled by the company managing the corresponding plugin. When the Customer uses the plugins available through the Site (e.g., logs in with their credentials to a social network, or links their LE CEINTURIER account to their social network account, clicks on the Facebook "like" or "share" button), the Customer's browser establishes a direct connection with the server of that social network, which sends the plugin's content directly to the Customer's browser.

LE CEINTURIER may therefore receive data concerning the Customer, in accordance with the terms of use and privacy policy of the social network concerned and may add this information to the Customer's personal data it has already collected via the Site.

If the Customer agrees to share information with social networks, LE CEINTURIER will share the data with them in accordance with the Customer's preferences.

Any information communicated to the social network, including any personal data, will be subject to the privacy policy and general terms of use of that social network.

17.5 DURATION OF PERSONAL DATA RETENTION

LE CEINTURIER accesses, uses, processes, classifies and stores collected personal data only for the purposes described above.

Personal data is retained for the period necessary to achieve the purposes for which the data was collected and processed and in application of any retention period required by applicable law.

In all cases, the data retention period will not exceed 99 years.

17.6 CUSTOMER RIGHTS AND REMEDIES

In accordance with Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended in 2004, the Customer has a right of access, rectification, opposition and deletion of personal data concerning them. The Customer can exercise this right by sending an email to info@ceinturier.com.

In application of Regulation 2016/679 of April 27, 2016, the natural person may at any time exercise their right to restriction of processing, erasure of their data and portability from May 25, 2018.

LE CEINTURIER will send a response within 2 months after the exercise of the right.

In case of an unsatisfactory response, the person concerned has the option of contacting the CNIL in France or any other local organization authorized to handle this type of request.

17.7 DATA CONTROLLER

If the Customer has any questions or comments regarding this Privacy Policy, the data controller can be contacted at any time via the following means:

Either by post, to the following address:

LE CEINTURIER Customer Service, 16, imp. de la Fraignaie - 85800 Le Fenouiller, stating your surname, first name, address, email and, if possible, customer reference to speed up the processing of your request.

Or by email to the following address: info@ceinturier.com.