GENERAL TERMS AND CONDITIONS OF SALE
SCOPE OF APPLICATION OF THE TERMS AND CONDITIONS OF SALE
The object of these General Terms and Conditions is to determine the rights and obligations of the parties in connection with the online sale of clothing and luxury items (hereinafter referred to as "the Products").
They apply to all orders placed on the website www.rychaldecarne.com (hereinafter referred to as "the Site"), the additional information existing on any other document, prospectus or catalog are not contractual documents.
These Terms and Conditions of Sale are concluded between RYCHAL DE CARNE, a simplified joint-stock company with a single shareholder and a capital of 10,000 euros, registered at the Trade and Companies Register of Paris since 08/06/2016 under the number 820 815 660. Head Office: 30 rue de la Tremoille 75008 PARIS - France, publisher of the Site (hereinafter referred to as "RYCHAL DE CARNE") and non-professional natural or legal persons, i.e. persons acting for purposes that do not fall within the scope of their professional activity (hereinafter referred to as "the Client"), wishing to make a purchase on the Site and who declare they have full legal capacity and act in their capacity as consumers
Any order of a Product offered on the Site requires the consultation and express acceptance of these Terms and Conditions of Sale, without however this acceptance being conditioned by a handwritten signature from the Customer.
In accordance with the provisions of Articles 1366 and 1367 of the Civil Code, supplemented by Decree No. 2017-1416 of September 28, 2017 on electronic signature, it is recalled that the approval of the order form as specified in Article 3 below, constitutes an electronic signature which has, between the parties, the same value as a written signature and is proof of the entire order and the due date of the amounts due in performance of the said order. As such, these General Terms and Conditions of Sale, as well as online orders, constitute the contractual documents enforceable against the parties and that they undertake to respect.
RYCHAL DE CARNE reserves the right to modify these General Terms and Conditions of Sale. Any new version of these, will be notified to the customer and his/her consent will be required again.
The online version on the Site is made available to consumers where it can be directly consulted and will prevail over any other version of these General Terms and Conditions, except for changes that may have occurred after an order has been placed.
These Terms and Conditions of Sale are also available in paper or electronic format, upon request by telephone, e-mail or post, the details of which are available on the site.
2.1 Product description
RYCHAL DE CARNE presents on the Site the Products as well as their detailed descriptions contained in the Product sheets offering the Customer the possibility to know before the final order is placed, the essential characteristics of the Products he/she wishes to purchase and this in accordance with the provisions of article L 111-1 of the Consumer Code.
RYCHAL DE CARNE will do its best to ensure that the color and design of the Products whose pictures are displayed on the Site are in line with the original Products.
However, given the way the Products are presented on the Internet, it's possible that the impression perceived by the Customer of the photographic representation of the products doesn't correspond exactly to the product itself. Therefore, the parties agree that illustrations or pictures of products offered for sale and displayed online have no contractual value.
In the event of unavailability of the Product, and especially of the color ordered by the Customer, RYCHAL DE CARNE may offer the Customer a product of equivalent quality and price. The customer's agreement, in this case, will be explicitly requested.
2.2 Product Prices
The prices of all products offered for sale on the Site are in euros, all taxes included, excluding shipping and processing fees. These processing and shipping costs are listed below.
RYCHAL DE CARNE reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time the order was placed, subject to the availability of the products on that date.
The Customer is informed that delivery fees will be invoiced in addition to the price of the Products and they will be indicated on the order summary and the order confirmation email. Shipping costs are added to the total price of the order.
When the products are shipped outside the European Union or to the French overseas departments and territories, the price is calculated excluding tax. The Client must plan to add any customs duties, import duties or other local or state taxes that will be borne by the Client and are his responsibility. Therefore, the Customer must first contact the corresponding local authorities to find out how to proceed and the charges to be paid.
PRODUCT ORDERING PROCESS
3.1 Ordering a Product on the Site
The order process is as follows:
1. The selection of the item(s) on the Site ("first click")
2. Checking the order in the section "My basket".
3. Customer identification in the "Contact details" section
4. The terms and conditions of delivery under "Delivery".
5. The finalization of the order by the "Confirmation" section ("second click")
6. The sending of an acknowledgment of receipt of your order to your mailbox
7. The terms of payment through the "Payment" section.
The Customer's attention is particularly drawn to the method of approving the order placed on the Site by the "double click" technique: after having selected the products added to the basket, the Customer must check the content of his/her order in the section "My Cart" (product identification, price, quantity, color, etc.) and make any corrections before choosing the required delivery method and validating by clicking on "I confirm my order" and accepting these general conditions of sale. The "double click" is equivalent to an "electronic signature" and has the same evidential value as a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer. The final validation of the order implies an obligation to pay. The data recorded on the Site constitutes proof of transactions between RYCHAL DE CARNE and the Client.
You will then receive an acknowledgment of receipt in your mailbox summarizing the contractual information relating to the order. These general conditions will be attached in PDF format, which we recommend you to save on your computer, tablet or smartphone. You will have to click on the hypertext link inserted in the body of the email to be redirected to the Site's payment page.
3.2 Payment of the Product
The payment of an order is made online and must be simultaneous with the order, according to the instructions given for this purpose during the order validation process. Payment will be made in euros exclusively by credit card (CB, Visa, and MasterCard) excluding any other payment method.
RYCHAL DE CARNE uses a secure payment tool by CM-CIC of the CIC bank, and guarantees to the Customer that he never has access to confidential information relating to the means of payment by the latter to pay his order.
To proceed with the required payment, the Customer will be asked to provide the credit card number, the expiry date of the card and, if applicable, the visual cryptogram. The Client's bank details are requested for each order insofar as only the Bank chosen by RYCHAL DE CARNE to carry out the financial transaction remains in possession of the confidential information. Consequently, the Customer guarantees RYCHAL DE CARNE that he/she has the necessary authorizations to use the payment method chosen at the time of validation of the order. In the case of bank refusal, the order will be automatically canceled and the Customer notified.
Once payment for an order has been made, a printable and recordable summary of the Customer's order will be displayed, including the order details.
In the event of non-payment, RYCHAL DE CARNE reserves the right either to request the forced execution of payment or to resolve the contract by a simple registered letter with acknowledgment of receipt.
3.2.2 Secure payment
The information related to your order is subject to automated data processing for which the person responsible is CM-CIC. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
In accordance with the Data Protection Act of 6 January 1978, the Client has the right to access, rectify and oppose all his personal data at any time by writing by post and providing proof of his identity to:
CM-CIC - IT Service and Liberty- Process
3.3 Confirmation of the order by RYCHAL DE CARNE
RYCHAL DE CARNE reserves the right to refuse any order or delivery in the event of a dispute with the Client, in particular as a result of the Client's failure to comply with the obligations entered into under these General Terms and Conditions of Sale (in particular in the event of a payment incident) or the conditions of use of the Site without prejudice to any damages which RYCHAL DE CARNE may claim; or for legitimate reasons, particularly if the quantity of products ordered are unusually high for the Customers.
The order acknowledgement email sent by RYCHAL DE CARNE will include the following information:
The number and summary of the order
The total cost of the order
The terms and conditions for exercising the right of withdrawal
The terms and conditions relating to the delivery of the ordered products (expected shipping time of thirty (30) days maximum from the validation of the order)
3.4 Product Availability
The Products offered for sale by RYCHAL DE CARNE are those listed on the Site on the day the Customer consults it and within the limits of available stocks.
If a Product is unavailable, RYCHAL DE CARNE will inform the Customer as soon as possible by e-mail of the delivery of a partial order or its cancellation.
However, in the event of unavailability of the Product, RYCHAL DE CARNE may offer or deliver to the Customer a product of equivalent quality and price. In this case, an explicit agreement of the customer will be required.
If the Customer's account has already been debited at the time of the above-mentioned Customer's information, RYCHAL DE CARNE undertakes to refund the Customer as soon as possible the price of the Product as well as the shipping costs related to the Product.
In case the Customer requests a cancellation of the entire order, RYCHAL DE CARNE undertakes to refund him the amount paid within thirty (30) days at the latest after their withdrawal.
At any time, RYCHAL DE CARNE reserves the right to modify or no longer had market the Products offered on the Site, however, these modifications do not affect orders validated before the entry into force of the said changes.
4.1 Delivery time
The delivery of the Products will take place at the latest within thirty (30) days of the order unless otherwise specified, of which the Customer will be informed before placing this order, indicating an average delivery time.
4.2 Delay in delivery
Any delay in delivery must be reported by the Customer as soon as possible to RYCHAL DE CARNE, which will investigate the transport companies involved.
The Customer shall have the right to cancel his order, by registered mail with acknowledgement of receipt, if the order has not been delivered within twenty (20) days of the indicated delivery date, unless this delay is due to the occurrence of elements having the nature of force majeure, as usually retained by the case law. In the event of cancellation, the Client will be refunded the totality of the payments made.
4.3 Acceptance of Products by the Customer
Each delivery is deemed to have been made as soon as the carrier makes the products available to the Customer, as evidenced by the control system that the carrier uses.
It is the Customer's responsibility to verify immediately upon acceptance of the Products the conformity and integrity of the shipped Items.
Without prejudice to the time limits available to the Customer under his right of withdrawal as specified in Article 5 below, it is the responsibility of the recipient to check the shipments on arrival and to make with the carrier any reservations and claims that appear justified in the event of delay, if the Product is broken or missing.
The Customer must make complete and precise reservations, any reservation must be confirmed by registered mail with acknowledgement of receipt to the carrier within three (3) days of receipt.
Any reservation of this type must also be notified to RYCHAL DE CARNE, whose contact details appear on the Site within the same time limit and in the same form. A copy of the claim to the carrier must be attached.
4.4 Transfer of risks
The risk of loss or damage to the Product ordered is transferred to the Customer at the time when he (or a third party he has designated) physically takes possession of the Product, without distinction according to its nature.
The Product ordered and delivered to the Customer is shipped at the risk of RYCHAL DE CARNE if the carrier has been chosen by him. If, however, the carrier has been chosen by the Customer, then this Product travels at the Customer's risk.
CUSTOMER'S RIGHT OF WITHDRAWAL
In conformity with the legal provisions in force, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and perfect condition within fourteen (14) days following the notification to the Seller of the Customer's withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new conditions, accompanied by the receipt.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the Site, or any other unambiguous statement expressing the intention to withdraw. An acknowledgment of receipt will be sent to the Client by RYCHAL DE CARNE.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remaining the responsibility of the Customer. However, RYCHAL DE CARNE will not refund the additional costs due to the consumer's express choice of a more expensive delivery method than the standard delivery method offered by the professional.
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article by the same means of payment as the Customer used to make the initial transaction. With the Customer's agreement, another payment method may be used, but in any case, no costs will be incurred by the Customer.
It is hereby reminded that in the event of retraction after use of the Product(s), the Customer shall be liable for any depreciation of the goods caused during handling, other than that necessary to establish the nature, characteristics and proper functioning of the Product(s).
LEGAL GUARANTEES OF CONFORMITY AND AGAINST HIDDEN DEFECTS
RYCHAL DE CARNE guarantees that the Products are in conformity with their expected use and do not present any defects or hidden defects making them unfit for their normal use. These Products comply with the rules in force relating to the safety and health of individuals, the fairness of commercial transactions and consumer protection.
The Products supplied by the Seller are entitled to benefit ipso jure and without additional payment, regardless of the right of withdrawal, following legal provisions:
- The legal guarantee of conformity, for Products that are defective, damaged or damaged or do not correspond to the order, governed by articles L. 217-4 and following of the Consumer Code,
- The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unsuitable for use, according to the provisions of articles 1641 to 1649 of the Civil Code, under the conditions and in accordance with the procedures defined in the appendix to these General Terms and Conditions of Sale (Compliance Guarantee / Hidden Defect Guarantee).
6.1 Legal guarantee of conformity
A Product is non-compliant when it is unfit for the use it is usually expected to make or unfit for the special use sought by the Customer, known to RYCHAL DE CARNE and accepted.
The lack of conformity results in particular from the lack of correspondence of the Product to the description of the Site and the qualities presented in the sample or model.
To assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the date of delivery of the Products,
The Customer cannot call upon the guarantee of conformity:
When he was aware of the defect at the time of contracting
When he could not ignore the defect at the time of contracting
When the lack of conformity is confirmed by RYCHAL DE CARNE, the Customer has the choice between replacing the goods or repairing them. The choice depends on the consumer, except when the consumer incurs disproportionate costs for RYCHAL DE CARNE compared to the other means.
The Customer may obtain termination of the contract or a price reduction if the defect is major and the time limit of the chosen solution exceeds one (1) month from the request; or if no means is feasible.
6.2 Legal guarantee against hidden defects
RYCHAL DE CARNE is bound by the warranty for hidden defects in the Product, which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it, or would have given only a lower price if he had known them.
The legal warranty covers all costs incurred by hidden defects.
RYCHAL DE CARNE is not liable for any apparent defects that the Customer may have noticed before placing his order.
The defect must be before the sale and render the Products unfit for the use for which they are intended.
The Customer has the choice between:
Return the Product and get the price back;
Keep the Product and get a part of the price back.
The Customer has a period of two (2) years from the discovery of the defect to claim this warranty.
6.3 General provisions relating to legal guarantees
Delivery charges will be refunded based on the standard delivery price offered on the Site at the time of ordering.
Return shipping costs will be refunded upon presentation of receipts.
Refunds for Products found to be non-compliant or defective will be made as soon as possible and no later than thirty (30) days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank check sent to the Customer.
The Seller's liability shall not be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
Misuse of the Product, negligence or lack of maintenance on the part of the Customer, as in the event of the normal use of the Product, an accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are found to have a hidden defect.
INTELLECTUAL PROPERTY RIGHTS
RYCHAL DE CARNE, as a manufacturer and service provider of an intellectual nature, remains the owner of the rights relating to the results, elements and various deliverables it produces (inventions, creations, studies, reports, etc.).
It confers on the Client the ownership of the material supports of the elements and deliverables of its mission, as well as a right to use the intellectual property rights that would be necessary for their use.
Consequently, trademarks, domain names, or more generally any information relating to intellectual property rights are and remain the exclusive property of RYCHAL DE CARNE. The sale concluded with the Client does not entail the transfer of intellectual property rights. Thus, any reproduction, total or partial, modification or use of its Products for purposes other than those for which they were marketed, are strictly prohibited.
The elements reproduced on the Site are protected by copyright, trademarks, and patents and remain the exclusive property of RYCHAL DE CARNE. Any reproduction or distribution of these elements, without prior authorization, exposes the offenders to legal proceedings.
THE SHOP'S RESPONSIBILITY
The products offered to comply with current French legislation. The shop declines all responsibility in the event of non-compliance with the legislation of the country where the products will be shipped and their contents delivered. It is the Customer's responsibility to check with the local authorities concerned for any restrictions on the import or use of the products he intends to order.
RYCHAL DE CARNE is not liable in the event of a breach of its obligations as defined herein due to an act of the Client or the occurrence of elements having the nature of force majeure, as usually retained by the case law. The execution of the Shop's obligations is therefore suspended in the event of the occurrence of a case of force majeure that would prevent its execution.
In addition, expressly, the following are considered as cases of force majeure: total or partial strikes, internal or external to the company, lockouts, severe bad weather, epidemics, blockage of means of transport or supply, for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, total or partial blockage of energy sources, particularly oil, or means of telecommunication whose cause is beyond the control of the parties.
RYCHAL DE CARNE cannot be held liable under any circumstances for any indirect or unpredictable damage at the time of the order, such as loss of income, customers, image damage, etc.
DATA PROCESSING AND LIBERTIES - RIGHT OF ACCESS, RECTIFICATION, AND DELETION OF PERSONAL DATA
The provision of personal information collected in the context of distance selling is mandatory. This information is necessary for the processing of order delivery as well as for the preparation of invoices. Failure to provide this information will result in the automatic rejection of the order.
In the application of Law No. 78-17 of 6 January, 1978 on "Data Processing, Data Files and Individual Liberties", the processing of personal data collected on the Site is subject to a declaration to the Commission Nationale de l'Informatique et des Libertés.
The customer has a right of access to his data, a right to rectify them and finally a right to object to their use.
To exercise these rights, please contact RYCHAL DE CARNE 30 rue de la Trémoille 75008 PARIS - France.
RYCHAL DE CARNE is the recipient of the personal data it collects through its Site. However, it may have to transmit them to third parties. You may object to this transfer by notifying the above-mentioned contact of your refusal.
The Customer who does not wish to be the subject of commercial prospecting by telephone may register free of charge on the Bloctel opposition list on the site "bloctel.gouv.fr".
CORRESPONDENCE - EVIDENCE
The Client declares that the information delivered by him to the shop by electronic means is authentic between the parties as long as no contradictory authenticated and signed written document is produced that would call into question this information.
Elements such as the time of receipt or issue as well as the quality of the data received will be considered as authoritative in priority as they appear on the computer systems of the STORE unless the Customer provides written proof to the contrary.
Contracts are kept by the shop for 05 years, and contracts concluded via the Site for an amount exceeding 120 euros will be kept for 10 years.
The scope of proof of the information provided by the shop's computer systems is that which is given to an original within the meaning of a handwritten paper document.
11.1 Severability clause
If any of the clauses of these General Terms and Conditions of Sale, with the exception of the clauses determining the consent of one of the parties, should be declared null and void or declared inapplicable for any reason whatsoever, the other clauses shall nevertheless remain in force and the parties shall come together to adopt, in good faith, the necessary amendments, so that each of them finds itself in an economic situation comparable to that which would have resulted from the application of the clause subject to nullity.
RYCHAL DE CARNE reserves the right, subject to prior notification of the Client, to transfer its rights to one of the companies belonging to its existing or future groups.
The fact that RYCHAL DE CARNE does not at any given time invoke any of the clauses herein shall not constitute a waiver of its right to invoke such clauses at a later date.
11.4 Jurisdiction, complaint and applicable law
These general terms and conditions and the orders relating to them are subject to French law, except the Vienna Convention or provisions of private international law which would refer to another system of substantive law.
In the event of a dispute, the Customer must contact the Customer Service Department of RYCHAL DE CARNE at +33 607 8182 50, from Monday to Friday, except on public holidays, 10:00 - 20:00, or by e-mail [email protected] or post to the following address: RYCHAL DE CARNE - 30 rue de la Tremoille 75008 PARIS - France.
Subject to the contrary provisions of the Code of Civil Procedure, any dispute which may arise during their validity, interpretation or execution and which has not been settled amicably by the parties hereto shall be submitted to the Courts at the BOUTIQUE's registered office, notwithstanding the plurality of defendants, or appeal as a guarantee, even for emergency or protective proceedings, in particular by way of summary proceedings or application, unless otherwise provided or expressly agreed by the parties.
PRECONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Client acknowledges having received, before placing his order and concluding the contract, in a readable and understandable manner, these General Terms and Conditions of Sale and all the information required in respect of distance contracts concluded electronically between a professional and a consumer, in particular, the following information:
The essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
The price of the Products and the related costs (delivery, for example);
In the absence of immediate performance of the contract, the date or period by which the Seller undertakes to deliver the Product;
Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if not apparent from the context,
Information on legal and contractual guarantees and their implementation;
The possibility of using conventional mediation in the event of a dispute;
Information relating to the right of withdrawal (existence, conditions, deadline, modalities for exercising this right and standard withdrawal form), costs of returning the Products, termination modalities and other important contractual conditions;
The accepted payment methods.
To finalize their order on the Site, Customers have previously, expressly adhered to and fully and completely accepted these General Terms and Conditions of Sale. In particular, they acknowledge their obligation to pay for the Products ordered. Any contradictory document would be unenforceable against RYCHAL DE CARNE.
APPENDIX 2 - RETRACTATION FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website www.rychaldecarne.com except in the case of exclusions or limitations to the exercise of the right of withdrawal following the applicable General Terms and Conditions of Sale.
To the attention of
Rychal de Carne
30 rue de la Trémoille
I hereby notify the withdrawal of the contract for the order of the following goods or services:
- Order of the...../...../............. ("Date")
- Order number: ..............................................................................
- Customer Name: ........................................................................................................
- Customer's address: ...................................................................................................
Date and Signature of the Client (only if this form is notified on paper):