Acceptance of the terms and conditions.
By confirming his order, the customer acknowledges having read the terms and conditions and expressly accept them without reserve. These terms and conditions shall prevail over all other conditions contained in any other document. The confirmation of the order, as well as all e-mails and data that Chou. will have recorded, will constitute proof of existing transactions and will be kept for a period of ten years. The terms and conditions are subject to change at any time and without notice. In case of modification, the applicable terms and conditions are those in force at the date of the order.
Supply and stock
For each product offered on the site corresponds a detailed technical description and a firm and definitive price indicated in euros, all taxes included, excluding delivery costs. Chou. reserves the right to modify the price of the products at any time, the applicable price being that in force on the date of the order. The photograph accompanying the product is for illustration purposes only and is not contractual. The products comply with the regulations in force in France concerning the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market (Article L. 411-1 of the Consumer Code). Any order is worth acceptance of the prices and description of the products. The offers are valid as long as the products offered are visible on the site, within the limits of available stocks. In the event of unavailability of a product after placing and payment of an order, Chou. informs the customer by e-mail. The order is then automatically cancelled and the customer reimbursed by bank transfer.
Placing the order
In accordance with article 1369-5 of the Civil Code, the placing of an order is materialized by the completion of the following steps:
– choice of the product(s) and addition to the basket by the customer
– choice of delivery method by the customer
– validation of the basket by the customer
– payment of the price by the customer
– Chou. sends an order confirmation email to the customer. The order may be modified at any time until its final confirmation by the customer, which then constitutes final acceptance of the offer and triggers order processing.
Chou. reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or which does not comply with these GCS. The information stated by the customer, at the time of the order, engages only him. In the event of an error in the wording of the customer’s details, Chou. shall not be held liable for the impossibility of delivering the product.
Payment of products
The price charged to the customer is:
– the price of the product(s), appearing on the order confirmation sent to the customer by email by Chou. It is indicated in euros and includes all taxes, excluding delivery charges. It takes into account the VAT applicable on the day of the order. The price cannot be changed once the order has been accepted by Chou.
– the delivery costs which come to be added to the aforementioned price, according to the mode of delivery chosen by the customer.
In case of an order to a country outside the European Union, the price will be automatically calculated excluding taxes on the invoice. Any order placed on the site and delivered outside metropolitan France may be subject to customs duties and any taxes that are imposed when the package arrives at destination, the customer being importer of the product concerned. These duties and taxes, related to the delivery of the product, are the responsibility of the customer. Chou. is under no obligation to verify and inform the customer of applicable customs duties and taxes. To know them, it is up to the customer to inquire with the competent authorities of his country.
Terms of payment
Payment of the order is due immediately on the date of validation of the basket by the customer. Payment is made in euros by credit card (Carte Bleue, Visa or MasterCard) or Paypal. The payment method is strictly secure.
Payment Confirmation / Payment Incident
Upon receipt of payment, Chou. confirms payment and sends an order confirmation, by e-mail, to the address provided by the customer. The order validated by the customer will be considered as accepted by Chou. only after effective collection of the sums due to Chou. In case of refusal of bank acceptance, Chou. reserves the right to cancel the order in progress made by the customer.
Shipping and delivery
The products are delivered to the delivery address indicated by the customer during the ordering process. The products will be delivered within the period indicated by Chou, or at the latest within thirty days following the date of the order, in accordance with the delivery method chosen by the customer when ordering. However, delays may occur due to unforeseen circumstances or for reasons related to the place of delivery. Chou. cannot be held responsible in case of delay or impossibility to perform its contractual obligations in case of events of force majeure according to the jurisprudence in force. With the exception of deliveries in France, Chou. declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery. When the customer (or a third party designated by him) physically takes possession of the ordered products, the risk of loss or damage to the products is transferred to him.
Retention of title
The products remain the entire property of Chou. until full payment of their price by the customer. In case of total or partial non-payment by the customer, Chou. may without prior notice claim the products that have been delivered to the customer.
In accordance with articles L. 221-18 and following of the Consumer Code, the customer has a period of fourteen days to withdraw without having to justify reasons or pay penalties, except for the costs of returning the product. In order to exercise this right of withdrawal, the customer must notify his decision to withdraw from the contract by means of an unambiguous declaration, for example by email or post. The products must be returned in their original condition, in their original packaging, where applicable accompanied by their accessories and instructions for use and documentation, in perfect condition for resale, to the following address : SARL CHOU. 471 route de Cagnes 06140 Vence (France). Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In case of retraction, Chou. will refund the amount of the products as well as the delivery costs on the basis of the standard mode proposed by Chou. The refund shall be made without undue delay, and in any event not later than 14 days following receipt by Chou. of the returned products. Refunds will be made by bank transfer.
Cases of exclusion from withdrawal
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal may not be exercised for:
– goods made to customer specifications or clearly personalised or which, because of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
– for reasons of hygiene, textile products delivered with hygiene seals when they have been removed, clothing that has been visibly worn and/or washed, jewellery such as piercings and earrings.
Defective products / Legal warranties
All products offered on the site are subject to the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code). It is up to the customer to verify that the delivered products correspond to his order as detailed in the Order Confirmation, and if not, to return them after having informed Chou. by any means (by email or mail). The products will be returned in their original packaging, in perfect condition, unused and accompanied by all accessories and documents provided (instructions, warranty, certificate of authenticity, etc..) and a copy of the invoice enclosed with delivery. The return costs are paid directly by Chou, within the limit of one shipment per order. The refund will be made by transfer to the customer’s bank account, at the latest within fourteen days following receipt by Chou. of the returned products. The buyer has a period of two years from the delivery of the goods to act as a legal guarantee of conformity, independently of any commercial guarantee. If the goods do not conform, he may choose between replacement or repair, unless the cost of the latter is manifestly excessive. It shall not be necessary to provide proof of the existence of the lack of conformity during the 24 months following the issue of the goods. If the consumer implements the guarantee against hidden defects (article 1641 of the Civil Code), he can choose between the resolution of the sale or a reduction of the sale price (article 1644 of the Civil Code).
Personal data and cookies
The site is the exclusive property of Chou. (web pages, images, script sources, etc.). Chou. products, Chou. brands and more generally all brands, illustrations, images, drawings and models, logos appearing on the site and/or products sold by Chou. are and remain the exclusive property of Chou. The customer may not therefore distribute or reproduce these elements, in whole or in part, in any form whatsoever, without the prior express written permission of Chou.
The performance by Chou. of all or part of its obligations shall be suspended in the event of a fortuitous event or force majeure within the meaning of case law which would prevent or delay its performance. Chou. will inform the client of any such fortuitous event or force majeure within seven days of its occurrence. In the event that a suspension of performance of Chou.’s obligations continues beyond a period of fifteen days, the customer shall then have the option of cancelling the order in progress and Chou. shall proceed with its reimbursement as soon as possible, by transfer to the customer’s bank account.
Disclaimer of liability
Chou. shall not be held liable in the event of non-performance or improper performance of the contract if they result from the customer’s fault, from the insurmountable and unforeseeable fault of a third party to the contract, or from a case of force majeure.
The fact that Chou. refrains from demanding at any given time the performance of any of the provisions of these GCS shall not be construed as a waiver of the right to subsequently invoke said total or partial non-performance.
Validity of the general conditions of sale
If any provision of these GTC is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these GTC shall remain unaffected and shall remain applicable, unless it is an impulsive and decisive clause which led one of the parties to conclude the sales contract.
Applicable Law / Dispute Resolution
These GCS are subject to French law, unless mandatory provisions to the contrary. The language of these GTC is the French language. In case of difficulties in the application of these General Terms and Conditions, the customer shall first contact the Chou team. Any complaint relating to an order must be submitted by mail to the following postal address: SARL CHOU. 233 chemin Notre Dame 83700 Saint-Raphaël, or by e-mail at: email@example.com. In case of failure of the claim, the customer will have the possibility, before any legal action, to seek an amicable solution in the settlement of any dispute that may arise during the performance of the contract by resorting to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. The French courts shall have exclusive jurisdiction.
Chou. is a SARL with a capital of 5000,00 euros, domiciled at 233 chemin Notre-Dame in Saint-Raphaël (83700), registered with the RCS of Fréjus under the n° 834.469.991 and whose intra-community VAT number is the following: FR35834469991. Its website is accessible via the URL www.chou-kid-store.fr.
Email : firstname.lastname@example.org.
Mail: SARL CHOU. 233 chemin Notre-Dame 83700 Saint-Raphaël.
For the return of packages only: SARL CHOU. 471 route de Cagnes 06140 Vence.
Article L. 217-4 of the Consumer Code: “The seller delivers a good in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been placed at his expense by the contract or has been carried out under his responsibility. »
Article L. 217-5 of the Consumer Code: “The good is in conformity with the contract:
1º If it is fit for the use usually expected of a similar good and, if applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2º Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and that the latter has accepted. »
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
Article 1641 of the Civil Code: “The seller is bound by the guarantee in respect of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them”.
Article 1648 paragraph 1 of the Civil Code: “The action resulting from the redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect”.