General terms and conditions of sale and use of website charlesdenevel.com
Article 1: Objective
The present General Terms and Conditions of Sale and Use apply between:
The company L.N.D with a share capital of Euros 7622 having its registered head office at: Zone Artisanale d’Anthyllis- 86340- Fleuré. France. E-mail: email@example.com
Registered in France on the Poitiers companies register (RCS) under number 398 545 863.
VAT number: FR 813 985 458 62 00027
Owner of sites www.charlesdenevel.com and www.charles-de-nevel.com
Hereafter called "CHARLES DE NEVEL"
Any person, individual or corporation, provided they are acting as a consumer and solely for their personal needs, visiting or making a purchase via sites www.charlesdenevel.com and www.charles-de-nevel.com
Hereafter called "The Customer"
The present General Terms and Conditions of Sale and Use aim to define the online selling procedure between CHARLES DE NEVEL and the Customer, particularly relating to the ordering-payment process and delivery. They also govern relations between CHARLES DE NEVEL and the Customer for any other use by the Customer of sites www.charlesdenevel.com and www.charles-de-nevel.com.
Each time an order is placed on the site, the Customer is requested to confirm that he accepts the present General Terms and Conditions of Sale and Use which are in force on the date the order is placed.
CHARLES DE NEVEL reserves the right to adapt or modify the present General Terms and Conditions of Sale and Use at any time.
The Customer declares that he:
- is legally capable of agreeing to these terms, i.e. is of legal age and not under guardianship or trusteeship,
- is acting as the end purchaser and not making CHARLES DE NEVEL purchases with a view to resale. Any Customer wishing to purchase CHARLES DE NEVEL products for professional purposes, notably resale, is asked to contact Customer Services.
Customer Services may be contacted for any other query relating to products, sites www.charlesdenevel.com and www.charles-de-nevel.com and in particular to obtain information about: reimbursement/order tracking/after-sales services/product returns / products informations.
- by e-mail to firstname.lastname@example.org
by letter at: S.A.R.L-L.N.D- Customer Services – Z.A d’Anthyllis- 86340-FLEURE
by telephone on Monday to Friday at: (33) 05.49. 42.14.90 of 10h to12h / 14h to 18h
Article 2 : Products
Offers of CHARLES DE NEVEL products and their prices are valid as long as they are displayed on the site www.charles-de-nevel.com, subject to available stock. The Customer is provided with product availability information at the time the order is placed, when the item is added to the Shopping Basket. There may exceptionally be errors or changes, in particular in the event that simultaneous orders are placed for the same product by several Customers. If a product is unavailable after the order has been placed, CHARLES DE NEVEL will inform the Customer by e-mail or by telephone as soon as possible and offer the option of placing an order for another item on the site www.charles-de-nevel.com as a replacement, or canceling the order with reimbursement.
CHARLES DE NEVEL does not accept any liability in the event of running out of stock or products being unavailable.
CHARLES DE NEVEL reserves the right to change items offered on sites www.charlesdenevel.com and www.charles-de-nevel.com at any time and without notice.
The products offered for sale are described and presented as accurately as possible. However, if errors or omissions do occur in this presentation, CHARLES DE NEVEL may not be held to be liable.
Article 3: Price
Prices are shown in euros (€) for all countries witch can be delivered, including taxes (TTC) and VAT and excluding shipping costs, which are payable by the Customer unless stated or where special terms apply.
Prices include VAT at the rate applicable on the day the order is placed. If VAT rates change, this change may be applied to the price of items without the Customer being notified.
CHARLES DE NEVEL reserves the right to change prices shown on the site www.charles-de-nevel.com at any time, but undertakes to apply the prices in force as indicated to the Customer at the time of placing the order, subject to availability of items on that date.
Prices are exclusive of tax in the countries that are part Outside the European community.
Article 4: Ordering
Every order implies explicit and irrevocable acceptance of prices and descriptions of available products offered for sale.
The Customer declares that he is aware of and irrevocably accepts the present General Terms and Conditions of Sale and Use before placing the order, by ticking the corresponding box. It is only possible to confirm the order once this box has been ticked.
In order to allow the Customer to modify the order before definitely confirming it, CHARLES DE NEVEL has included a screen to review the order. The order is only confirmed after the last validation at the screen confirming payment.
From this final validation click, the order is considered to be irrevocable.
Once the order is validated, the Customer is allocated an order number, which must strictly be kept in case of any subsequent claim and which may be printed out.
Once the order is recorded and payment is authorized by the bank, the Customer will receive a confirmation email containing the order details, and the order number. The sales contract comes into effect definitively the moment this confirmation email is sent.
For all exceptional orders (particularly for large quantity orders), the Customer is asked to contact Customer Services by clicking the "CONTACT" button.
CHARLES DE NEVEL reserves the right to cancel any order from a Customer with whom it is in dispute over a previous order, or if CHARLES DE NEVEL reasonably considers that the Customer has infringed the present General Terms and Conditions of Sale and Use or is engaged in fraudulent activities, or for any other legitimate reason.
Once the order has been fulfilled, the Customer receives by e-mail his invoice relating to the order which has been placed, which contains the following information:
- order number;
- number, date and amount of the bank transaction (Customer’s bank details do not appear);
- a detailed and complete list of products ordered;
- shipping method and cost.
The Customer is advised to keep and print this document, which is official proof of the order.
If the Customer wishes to obtain information regarding the status of the order, Customer Services can be contacted:
- By email to email@example.com
- By telephone at (33) 05.49.42.14.90
Article 5: Payment
The Customer may only pay for the order using a bank card via the secure payment server. The following cards are accepted:
• Carte Bleue (French debit card)
• Eurocard/ Mastercard
The Customer is not able to pay online using any type of CHARLES DE NEVEL gift voucher or loyalty voucher, or credit notes issued by an CHARLES DE NEVEL store.
The Customer’s bank card details are encrypted using SSL (Secure Socket Layer) protocol and are never sent unencrypted across the network. Payment is immediately processed by Crédit Agricole, which means that none of the Customer’s bank details pass through the site www.charles-de-nevel.com.
CHARLES DE NEVEL at no point has access to these details and does not store them on its servers. As a result, the Customer will be asked for them again for each new transaction on the site.
However, despite this encrypting, it is prudent to remember that no transmission of data via the internet can be 100% secure and that all information communicated online may potentially be intercepted and used by third parties other than the intended recipient.
The order is thereby recorded and validated as soon as payment is accepted by the bank.
When the transaction is validated, the amount is immediately debited from the Customer’s account.
Article 6: Shipping charges, conditions and delivery time
Products purchased on www.charles-de-nevel.com are only delivered to France, Corsica but also to Belgium and Luxembourg. We don’t deliver Besides Team member.
Shipping charges (including order handling and packaging charges) are of a lump sum, calculated according to the price of the parcel indicated in the summary table of the transport costs.
In the order confirmation and before validation, shipping charges are displayed. This amount is payable by the Customer in addition to the amount for products purchased.
The delivery time indicated on the site www.charles-de-nevel.com and/or in the order confirmation email is given in working days (subject to available stock), from the moment CHARLES DE NEVEL sends the order confirmation email.
The delivery periods differ according to departments and countries. (48H to 96H)
This delivery time is the average time taken for handling, preparation and shipping of the order to the Customer.
CHARLES DE NEVEL does not accept liability in the event of late delivery for any reason whatsoever. Consequently, no compensation of any kind can be claimed from CHARLES DE NEVEL by the Customer.
However, in accordance with the terms of article L.121-20-3 of the French Consumer’s Code, if the order has not been delivered within 30 days from the day following the date the Customer placed the order, the Customer may cancel the order without additional costs. Sums paid by the Customer shall be reimbursed immediately, to the exclusion of any other compensation.
The order can be tracked via the courier’s website, as provided in the email.
CHARLES DE NEVEL reserves the choice of courier and guarantees the safe shipping of products.
Transportation risks are borne by CHARLES DE NEVEL, on condition that the Customer checks the condition of the packaging and that the product delivered appears to be the same as the order and the Customer records, where appropriate, any comments on the courier’s delivery slip, before signing the slip. In the event that the Customer does not record any comments at the time of delivery or does not refuse delivery, no subsequent claim regarding the condition of the package delivered shall be admissible by CHARLES DE NEVEL.
The Customer must inform Customer Services of any delivery problems within 24 hours, even when shipping costs are included.
In the event that the package is lost during transportation, investigations may take from one to three weeks.
In the event of an incomplete address, incorrect address, refusal by the recipient to accept the package or lack of information making it impossible to deliver the product to the recipient in time, CHARLES DE NEVEL cannot be held liable for the final quality of this delivery. If this lack of information means a second delivery attempt to the recipient, CHARLES DE NEVEL shall have the right to ask the Customer to pay the costs of this second delivery.
Post office boxes and Cedex addresses will not be processed unless they are accompanied by a physical address. The recipient has to mention the hours to which he wishes to be delivered at the time of the signing of his order.
In the event that the recipient is absent at the time of delivery, as part of the courier’s delivery guarantee an attempted delivery notice will be left in the recipient’s letter box. The recipient must then collect the package from the address given on the attempted delivery notice, on presentation of the notice and a form of ID (Identity Card) in the name of the person making the collection.
In the event that the recipient is absent, CHARLES DE NEVEL cannot be held to be liable for the final quality of the delivery.
Under no circumstances can a delivery be made if there is a dispute with the Customer or the Customer has unfulfilled obligations to CHARLES DE NEVEL.
Article 7: Returns and exchanges
As part of the right of retraction of the French Consumer’s Code, the Customer has 14 working days from the date of receipt of the order to return any articles which do not suit him and request exchange or reimbursement without penalty, except for postal costs for their return.
After this time, products may only be exchanged or reimbursed in accordance with strict legislative provisions relating to fitness and latent defects, as set out in articles L.211-1 and alia. of the French Consumer’s Code and articles 1641 et alia. of the French Civil Code.
The returned article must be in good condition, not have been worn, be in its original packaging, and in all cases be accompanied by the completed returns slip, and printing.
Articles returned incomplete, damaged or soiled by the Customer will not be accepted.
In the event of return or exchange, transportation costs for the first delivery are not reimbursed, but shipping costs to send the replacement articles will not be invoiced.
Return of products is at the expense, risk and liability of the Customer, unless this return is due to proven latent defect or unfitness of the delivered products (reference error, damaged product, etc.).
Returns should be sent to the following address:
CHARLES DE NEVEL. SARL LND.
Zone Artisanale d’Anthyllis
86340 FLEURE FRANCE
As soon as the returned goods are received, CHARLES DE NEVEL makes the possible exchanges according to the availability of products.
On no account CHARLES DE NEVEL makes a commitment to pay off the customer if the product or products is (are) not convenient for this last one.
It is not possible under any circumstances to issue the Customer with an electronic credit note for use on the site www.charles-de-nevel.com, and the site does not issue credit notes for use in CHARLES DE NEVEL stores.
Articles ordered from the site www.charles-de-nevel.com cannot be exchanged at a CHARLES DE NEVEL store.
Neither does CHARLES DE NEVEL accept exchange or reimbursement of products bought in CHARLES DE NEVEL stores at the site www.charlesdenevel.com.
Article 8: Protection of personal data
Personal information must be collected during the online sales process to enable handling and delivery of orders, as well as for invoicing purposes. The CHARLES DE NEVEL ordering process on the site www.charles-de-nevel.com requires the creation of a Customer Account, in which the Customer’s personal information is stored, protected by a password chosen by the Customer.
This information is strictly confidential and intended solely for use by CHARLES DE NEVEL. It will be processed strictly in accordance with the terms of Law number 78-17 of 6th January, 1978, relating to digital information rights. In the event that CHARLES DE NEVEL or all or part of its assets are acquired by a third party, the www.charles-de-nevel.com customer list may be included in the assets sold.
In accordance with the terms of Law number 78-17 of 6th January, 1978, relating to digital information rights, the handling of personal information collected on the site www.charles-de-nevel.com has been declared at the French National Commission of Data Processing and Freedoms, registered under number 1296332 on 27th May, 2008.
The Customer has the right at any time to access, modify, amend or remove their personal data. To exercise this right, the Customer may directly access their personal data and/or amend it by visiting the "My Account" section and entering the password at the site www.charles-de-nevel.com or can make a request to Customer Services by sending an email to: firstname.lastname@example.org.
CHARLES DE NEVEL offers Customers the possibility of receiving information by email which may interest them, in the form of the "CHARLES DE NEVEL newsletter", particularly including information about CHARLES DE NEVEL products. If the Customer prefers not to receive this information by email, he should tick the relevant box at any time; the Customer may opt to receive no further information by contacting Customer Services by email at the address: email@example.com.
The website www.charlesdenevel.com may contain links to and/or from third party websites. CHARLES DE NEVEL has no control over the contents, confidentiality or data protection policies, or actions of these websites. The use of information which the Customer may provide to third parties on other sites or which third parties may collect on other websites is not covered by the present article ‘Protection of personal data’. CHARLES DE NEVEL cannot be held liable for any third party.
Article 9: Intellectual property
All elements of the CHARLES DE NEVEL website (designs, models, illustrations, images, sound tracks, text, logos, brand names, etc) including the underlying technology, which make up sites www.charlesdenevel.com and www.charles-de-nevel.com are the exclusive property of CHARLES DE NEVEL and are protected by copyright, brand names or patents.
It is forbidden for anyone to reproduce in whole or in part, by any means whatsoever (except the means expressly set out hereto), to distribute, publish or transmit, modify or sell all or part of the contents of sites www.charlesdenevel.com and www.charles-de-nevel.com , or to create works which are derived from it.
All reproduction, distribution, transmission, modification or use of these elements without the express prior written consent of CHARLES DE NEVEL, for whatever reason, is prohibited.
It is forbidden to remove any copyright notice, brand name or other exclusive rights from sites www.charlesdenevel.com and www.charles-de-nevel.com or from any content featured on the site.
A single copy of the web pages published on sites www.charlesdenevel.com and www.charles-de-nevel.com is authorized for strictly private, personal and non-commercial use, subject to any copy of these pages retaining their copyright and exclusive rights notices.
Any user who possesses a private website and who wishes to place, for personal use, a simple link on his site linking directly to the welcome page of sites www.charlesdenevel.com and www.charles-de-nevel.com , must strictly request written permission from CHARLES DE NEVEL.
However, any hypertext link to sites www.charlesdenevel.com and www.charles-de-nevel.com using the technique of framing, deep-linking, in-line linking or any other linking technique is strictly forbidden under all circumstances.
In any case, any link must be removed immediately following a simple request from CHARLES DE NEVEL.
Article 10: Liability – Force majeure
CHARLES DE NEVEL does not accept liability for any inconvenience or damage inherent in the use of the internet, particularly a break-down in service, external hacking or the presence of viruses.
CHARLES DE NEVEL cannot guarantee or state that the information contained in sites www.charlesdenevel and www.charles-de-nevel.com are accurate, complete or up-to-date.
Sites www.charlesdenevel and www.charles-de-nevel.com may contain technical inaccuracies or other errors; CHARLES DE NEVEL does not guarantee the correction of these faults. Websites www.charlesdenevel.com and www.charles-de-nevel.com and the site’s content are presented "as are" and "subject to availability".
Except in the case of legislation to the contrary, CHARLES DE NEVEL specifically excludes all guarantees of any kind, whether express or implicit, and in particular, but not exclusively, any guarantee that sites www.charlesdenevel.com and www.charles-de-nevel.com or its content are suitable for routine or specific use, of their quality or that they do not contravene any specific terms.
CHARLES DE NEVEL does not accept liability under any circumstances for indirect damages, incidental, special or consequential, and in particular, but not exclusively, business interruption, loss of profits or opportunity resulting from the purchase of products from CHARLES DE NEVEL on sites www.charlesdenevel.com and www.charles-de-nevel.com.
The website www.charlesdenevel.com and www.charles-de-nevel.com may contain links to third party websites which are not edited or controlled by CHARLES DE NEVEL. Such links are only supplied as a courtesy; they are not and should not be interpreted as an express or implicit endorsement of these sites, their content or any products or services they offer.
CHARLES DE NEVEL retains liability for faults in fitness for use of its products sold on the site www.charlesdenevel.com and the legal guarantee relating to legal defects.
In general terms, CHARLES DE NEVEL is not liable for any failure in its contractual obligations in the event of case of force majeure or unforeseen circumstances, including, but not exclusively: interruption or partial or general strike, particularly affecting postal services, transport networks and/or telecommunications, fire, flooding, natural disaster, internal or external electricity failure, and generally any event independent of the will of CHARLES DE NEVEL which prevent the proper fulfillment of orders.
Article 11: Entire agreement
In the event that one of the clauses hereto of the present General Terms and Conditions of Sale and Use shall become null and void through a change in legislation, regulations or a judicial ruling, this shall not under any circumstances affect the validity and legitimacy of the other clauses contained in the present General Terms and Conditions of Sale and Use.
Article 12: Jurisdiction – Disputes
The present General Terms and Conditions of Sale and Use are governed by French law.
In the event a dispute arises, the Customer and CHARLES DE NEVEL undertake to seek an amicable solution before any legal action. The Customer can contact CHARLES DE NEVEL by email firstname.lastname@example.org.
In the event of litigation, the Poitiers courts shall have sole jurisdiction.