TERMS OF SALES
The site www.ceinturier.com (hereinafter “the Site”) is published by the company, SARL LE CEINTURIER LT, of which the head office is located 18 rue de la Vie 85220 COËX, RCS LA ROCHE SUR YON 834 409 286, VAT intracom FR86834409286, phone number: +33 9 52 711 611, email firstname.lastname@example.org (hereinafter “LE CEINTURIER”).
The general conditions of sale detailed below aim to define the contractual rights and obligations between LE CEINTURIER and any individual consumer visiting or making a purchase via the said Site (hereinafter “THE CUSTOMER”).
On the Site, LE CEINTURIER allows the Customer to order LE CEINTURIER brand products online (hereinafter “the Product(s)”) according to these general conditions.
Validation of the order placed with LE CEINTURIER by the Customer entails unreserved acceptance of these conditions of sale and acknowledgment of having a perfect understanding of them.
These general 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 Customer.
The Site is hosted by Shopify Inc., whose head office is located at 150 Elgin Street, Suite 800, OTTAWA, ON K2P 1L4, Canada, telephone: 1-888-746-7439, email: email@example.com .
2. PRODUCTS AND COMPLIANCE
2.1 The Products offered for sale are presented on the Site 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 Customer acknowledges.
Consequently LE CEINTURIER cannot incur the slightest liability in the event of an error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.
LE CEINTURIER strives to present the Products offered on the Site as faithfully as possible. However, viewing on the Site does not allow the colors and/or textures of the materials to be fully appreciated and reproduced. LE CEINTURIER cannot therefore be held liable due to too little difference between the colors and/or textures displayed on the Site and the colors and/or textures of the Product delivered.
3. CUSTOMER OBLIGATIONS
3.1 The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2 The Customer undertakes to communicate to LE CEINTURIER the actual information necessary to carry out the service subject to these conditions as requested online and according to his situation, in particular his name, first name, postal address, valid phone number and email address.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or of which the resumption would be unlawful.
LE CEINTURIER only has an obligation of means for all stages of access to the site, from the ordering process to shipping the package, and subsequent services.
LE CEINTURIER is only responsible for the content that it has published itself.
LE CEINTURIER cannot be held responsible for any inconvenience or damage inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with to the law and jurisprudence.
LE CEINTURIER reserves the right to modify its prices at any time without notice and in particular in the event of a change in tax or economic data.
Only the prices in effect indicated at the time the order is placed will apply.
Prices are indicated in euros (excluding taxes and all French taxes included) and do not take into account any delivery costs, which may be charged extra and the amount of which is indicated before final validation of the order by the Customer.
The Customer undertakes any possible liability in terms of customs.
Payment of the entire price must be made when ordering.
Validation of the order by the Customer constitutes acceptance of the price, the description of the products and these General Conditions of Sale.
The Customer must provide a valid email address and delivery address and acknowledges by these General Conditions of Sale that any exchange with LE CEINTURIER may take place using this address.
The Customer must choose the delivery method and validate the payment method.
LE CEINTURIER reserves the right to cancel or refuse an order in the event of non-payment by the Customer, incorrect address, dispute over a previous order or any other problem on the Customer's account, until resolution of problem.
If, despite LE CEINTURIER's vigilance, the Products are unavailable, LE CEINTURIER will inform the Customer by email as soon as possible. The Customer may then cancel the order for this Product(s) and be reimbursed the related price, the remainder of the order remaining firm and final.
Full payment must be made when ordering. At no time can the sums paid be considered as deposits or instalments. No cash on delivery will be accepted, no matter the reason.
The Customer pays for their order by credit card, Paypal or check in accordance with the provisions of this article.
For any bank card transaction, the Customer will indicate the number appearing on the front of their card, the expiration date of their card and the cryptogram appearing on the back of their card (last three digits).
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the Customer's bank card number and the final validation of the order constitute proof of the Customer's agreement to the payment of the sums due to the title of the purchase order, signature and express acceptance of all operations carried out.
All payment solutions adopted by LE CEINTURIER are 100% secure. For payments by credit card, all information that the Customer communicates to LE CEINTURIER is strictly protected.
Upon validation and receipt of payment for the order, LE CEINTURIER sends the Customer an email confirming this.
LE CEINTURIER delivers its Products in France to all countries of the European Union and can on request deliver to any country.
Delivery is only made after confirmation of payment by LE CEINTURIER's banking institutions.
The Products are shipped to the delivery address or pick-up point indicated by the Customer when ordering, the Customer must ensure that they have provided accurate and complete information (such as, in particular: street number, building, staircase, floor, access codes, names and/or intercom numbers, etc.)
The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times.
LE CEINTURIER undertakes to inform the Customer of the progress of the processing of their order and cannot under any circumstances be held responsible for the consequences due to a return of delivery not being their fault.
In the event of a delivery delay of more than seven (7) working days, if the product has not been shipped, the Customer may denounce the order by registered letter with acknowledgment of receipt or by writing on a durable medium (email by example) and request a refund of their order which will be made by LE CEINTURIER within 14 days maximum of receipt of the request.
If the Product was shipped before receipt of the cancellation of the order for late delivery of more than seven (7) working days, LE CEINTURIER will reimburse the Product and the shipping and return costs, within 14 days from receipt of it, complete, in its original condition and with all labels.
In the event of a damaged package (already opened, missing product, etc.), the Customer undertakes to notify the carrier (if applicable, do not sign the delivery note unless you include your reservations and refuse the goods) and to LE CEINTURIER, by all means, all reservations within 3 days following receipt of the product.
In the event of non-compliance of the Products with the order, the Customer undertakes to inform LE CEINTURIER within 3 days. The Customer may then request a new delivery in accordance with their order at no additional cost, or if this is not possible, request cancellation of the contract with reimbursement of the sums paid.
9. RETURNS AND REFUND OF PRODUCT(S)
RIGHT OF WITHDRAWAL
The Customer may exercise their right of withdrawal and return of the Product within 14 working days from the day after receipt of the delivery.
The Customer will exercise their right of withdrawal by contacting LE CEINTURIER customer service by email firstname.lastname@example.org.
After having communicated his decision to withdraw, the Customer then has 14 days to return or return the goods.
Any withdrawal or return not made in accordance with the rules defined above and within the deadlines cannot be taken into account and will release LE CEINTURIER from any liability towards the Customer.
The Customer may request an exchange or refund of the returned product, without penalty, with the exception of return costs which remain their responsibility. However, in the event of an exchange, delivery costs may be invoiced to the Customer again.
The return or exchange of the Product can only be accepted for the Products as a whole, intact and in their original condition, particularly with their complete packaging, intact and in salable condition.
LE CEINTURIER must reimburse the Customer for all amounts paid, including delivery costs, within 14 days of recovery of the goods.
The Customer undertakes to collect his parcel within a maximum of 6 days when informed of the availability of their parcel at the chosen pick-up point.
If the package returns to our workshop and the Customer wishes to receive it again, shipping costs will be charged.
In the event of a refund request by the customer, LE CEINTURIER will reimburse the amount of the order, with the exception of shipping costs and return costs, which will be retained in order to cover the costs invoiced by the carrier (amount flat rate of €7).
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 Customer for any purchase of a belt a commercial guarantee covering the conformity of the Products and ensuring, in the event of non-conformity, the repair of the Product for a period of 2 years. This commercial guarantee is valid only on Products called “Belt” of our LE CEINTURIER brand.
This guarantee covers breakage of the buckle, rivets and snaps, and any section of the leather.
This guarantee does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products; the guarantee cannot in any case cover deformation of the leather, scratches, patina and wear due to friction, scratches of the buckle.
In order to assert the commercial guarantee, the Customer must contact LE CEINTURIER customer service by email at email@example.com and justify their request by providing as much detail as possible, in particular by attaching photos of the Product. Shipping costs are the responsibility of the Customer.
The structure of the site but also the texts, graphics, images, photographs, sounds, videos, listed products, and computer applications which compose it are the property of LE CEINTURIER and are protected as such by the laws in force with regard to intellectual property .
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Site, by any means whatsoever, without the prior, express and written authorization of LE CEINTURIER, is strictly prohibited and could be constitute an infringement within the meaning of articles L.335-2 et seq. of the Intellectual Property Code.
Access to the Site does not constitute recognition of a right and, generally speaking, does not confer any intellectual property rights relating to an element of the Site, which remains the exclusive property of LE CEINTURIER.
The user is prohibited from entering data on the Site which would modify or be likely to modify its content or appearance.
Subject to written agreement, LE CEINTURIER may authorize the establishment of a hypertext link to any page or document on the Site. LE CEINTURIER reserves the right to remove at any time a hyperlink pointing to its site, if LE CEINTURIER considers it not to be in compliance with its editorial policy.
Under no circumstances will LE CEINTURIER's agreement be liable for the content of a site using a link pointing to the Site.
The Site may contain hypertext links pointing to other websites over which LE CEINTURIER does not exercise control. Despite the prior and regular checks carried out by LE CEINTURIER, it declines all responsibility for the content that can be found on these sites.
The parties are exempt 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 execution.
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 duration of the force majeure event, without compensation.
All irresistible, unforeseeable, unavoidable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French jurisprudence and notably, total or partial strikes, are considered to be cases of force majeure. lockouts, riots, boycotts or other actions of an industrial nature 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, government or legal restrictions, legal or regulatory changes to forms of marketing, blocking of telecommunications including wired or wireless telecommunications networks.
If the force majeure event continues 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 rules of jurisdiction in force.
15.1 Partial non-validity of a clause
If any of the stipulations of these conditions is declared null or non-enforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.
15.2 Applicable texts
Art. L. 211-4. of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been their responsibility by the contract or has been carried out under their responsibility.
Art. L. 511-5 of the Consumer Code
-To comply with the contract, the property must:
1° Be suitable for the use 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 having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use 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 2 years from the delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the guarantee in the absence of hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would not have purchased it. would have given only a lower price, if the Customer had known them.
Art. 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
LE CEINTURIER is committed to protecting your privacy in accordance with legal requirements, including the General Data Protection Regulation which came into force since May 25, 2018 in member states of the European Union.
LE CEINTURIER undertakes to use confidential information from Customers only in the context of the operation of its Site.
17.1 CUSTOMER CONSENT
17.2 DATA COLLECTED
17.2.1 The personal data collected on the Site are as follows:
- last name, first name
- e-mail 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
LE CEINTURIER uses the following Cookies:
- Identification cookie;
- Geolocation cookie;
- Cart abandonment cookie;
- Most/last viewed articles cookie;
- Cookie for the most/last viewed products;
- Cookies relating to social networks;
- Audience measurement cookie.
Deleting and/or deactivating Cookies results in a degraded Customer experience and service; the Customer can however configure and/or delete Cookies from their browsers at any time.
17.3 DATA COLLECTION PURPOSES
As data controller, LE CEINTURIER collects the Customer's personal data lawfully and while respecting their rights. The main objective of collecting personal data is to provide 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 account 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 the resolution of any technical problem, statistical analyses, tests and research;
- To prevent or discover fraudulent activities or abuse that could harm the Site or jeopardize the security of transactions;
- To manage, where applicable, promotions, competitions or any event available on the Site;
- To respond to Customer requests (e.g. managing requests for information) and communicate with them.
17.4 SHARING OF COLLECTED DATA
LE CEINTURIER undertakes to retain all personal data collected via the Site and to only share it in certain circumstances and in accordance with the provisions of Law No. 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 the Client's data in order to accomplish the tasks that LE CEINTURIER entrusts to them (for example: hosts, suppliers and online payment organizations, carriers); these service providers will only have access to the Customer's 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 personally identifiable data to third party websites or to third party companies for commercial purposes; these service providers have limited access to the Client's data, as part of the performance of these services, and have a contractual obligation to use them in compliance 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 exclusive purpose of providing the services or if this is 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 transfer 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 how Shopify uses data collected, 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 operation of the Site. Google uses the data collected to track and study the use of the Site, to prepare reports on activities and to share them with other Google services. Google may use the data collected to contextualize it and personalize the advertisements of its own ad 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 major social media (e.g. facebook.com and twitter.com).
By surfing the Site, navigation data may be transferred directly to the social networks concerned, even without direct interaction from the Customer. The Client acknowledges and accepts that the management of social network plugins is carried out directly by the company which manages the corresponding plugin. When the Customer uses the plugins available through the Site (e.g. accesses a social network with their identifiers, or links their LE CEINTURIER account to their account on a social network, clicks on the Facebook “I like” button or “share”), the Client's browser establishes a direct connection with the server of this social network, which sends the contents of the plug-in directly to the Client's browser.
LE CEINTURIER may therefore receive data concerning the Customer, in accordance with the conditions of use and protection of privacy of the social network concerned and may add this information to the Customer's personal data that 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.
17.5 DURATION OF RETENTION OF PERSONAL DATA
LE CEINTURIER accesses, uses, processes, classifies and stores the personal data collected 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 accordance with any retention period required by applicable law.
In any case, the data retention period will not exceed 99 years.
17.6 CUSTOMER RIGHTS AND REMEDIES
In accordance with Law No. 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 may exercise this right by sending an electronic message to the address firstname.lastname@example.org .
Pursuant to Regulation 2016/679 of April 27, 2016, the natural person may exercise at any time their right to limitation of processing, erasure of their data and portability from May 25, 2018.
LE CEINTURIER sends a response within 2 months after exercising the right.
In the event of an unsatisfactory response, the person concerned has the option of contacting the CNIL in France or any other local organization authorized to process this type of request.
17.7 DATA PROCESSING RESPONSIBLE
Either by post, to the following address:
Service Client LE CEINTURIER, 18 rue de la Vie 85220 COËX, indicating your name, first name, address, email and if possible customer reference in order to speed up the processing of your request.Or by email to the following address: email@example.com .