GENERAL CONDITIONS OF SALE FASHION AND CAFTAN
The present conditions of sale are concluded on the one hand by the company EURL MODE ET CAFTAN with a capital of 7500 euros whose registered office is 10 rue de la République 13001 Marseille, registered with the register of commerce and companies of Marseille under the number 534413455 hereinafter referred to as "EURL MODE ET CAFTAN" and on the other hand, by any natural or legal person wishing to make a purchase via the website www.mode-et-caftan.com hereinafter referred to as "the buyer".
Any order for a product appearing in the online store of the site www.mode-et-caftan.com supposes the consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies a full acceptance of the present. This click has the value of a “digital signature”.
Art - 1 Item
These conditions of sale are intended to define the contractual relationship between EURL MODE ET CAFTAN and the buyer as well as the conditions applicable to any purchase made through the commercial site www.mode-et-caftan.com, whether the buyer is professional or consumer.
The acquisition of a good or a service through this site implies unreserved acceptance by the buyer of these conditions of sale.
These conditions of sale shall prevail over any other general or specific conditions not expressly approved by www.mode-et-caftan.com .
EURL MODE ET CAFTAN reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
Art - 2 Characteristics of the goods and services offered
The products and services offered are those listed in the catalog published on the site www.mode-et-caftan.com.
These products and services are offered within the limits of available stocks.
Each product is accompanied by a description drawn up by the supplier.
The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors.
If an error were to slip into the description of a product, the company www.mode-et-caftan.com undertakes to rectify it immediately after being informed and/or having become aware of this error. Consequently, the company MODE ET CAFTAN could not see its responsibility engaged by the error in the description of a product which would be immediately rectified after information.
Every effort has been made to ensure the accuracy of the information presented on the site www.mode-et-caftan.com. The suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information.
Product and manufacturer names and brands are used for identification purposes only. The photos, descriptions and prices of the products are not contractual.
The essential characteristics of the goods and services offered are presented on the site www.mode-et-caftan.com
Consequently, the responsibility of www.mode-et-caftan.com cannot be engaged if errors could be introduced there.
Some products that we offer on our site are subject to modifications due to the unavailability of certain fabrics, trimmings, lace.
Similarly, insofar as these are items made by hand, differences may exist between the photo and the product received. For example, you may see a color difference depending on your monitor.
Art - 3 Product warranty
The consumer is under the protection of French legislation.
All the products supplied by the seller benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code.
In the event of non-compliance of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.
All complaints, requests for exchange or refund must be made by post to the following address:
FASHION AND CAFTAN - 11 RUE LOUISE COLET - GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE within 72 hours (3 days) of the delivery date.
Your product is guaranteed and can only be returned for defects in form (manufacturing defect) each product is checked before shipment.
For personalized products, modifications, such as (adding a train, sleeves, different neckline, straps, closure, color, and any modifications to the model offered for sale) no exchange will be accepted.
Similarly for items on sale or made to measure, no exchange will be accepted or refund will be granted.
Customization of models: in the event of a personalized model, requested by the customer, you agree to accept the model that will be delivered to you without restriction of shape or color, because it remains a craftsmanship.
No exchange or refund will be made, you take the risk that the personalized model does not correspond exactly to the product requested unless agreed by www.mode-et-caftan.com without any commitment on its part.
The articles can appear more or less clear on the photos of the site www.mode-et-caftan.com compared to the actual color of the product received. This is partly due to the difference in color reproduction and settings from one monitor to another, as well as the shooting being more or less lit by the camera flash. The photographs do not enter the contractual field. The responsibility of the company www.mode-et-caftan.com can not be engaged in case of error in one of these photographs or one of these texts.
Art - 4 Rates
The prices appearing in the catalog are prices inclusive of VAT in euros taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products or services.
www.mode-et-caftan.com reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include order processing and delivery costs.
Art - 5 Orders
The buyer, who wishes to buy a product or service must:
- fill in the identification form on which he will indicate all the details requested.
- complete the online order form giving all the references of the products or services chosen
- validate his order after having checked it;
- make the payment under the conditions provided
- confirm their order and payment.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The seller will communicate by e-mail confirmation of the registered order.
Upon receipt of your order, we check the availability of the product(s). In the event of unavailability, we undertake within 30 days of your payment having been collected and validated, either to deliver the product ordered to you, or to offer you a similar product. at a similar price. You can, on simple request to our Customer Service, request the cancellation of your order and its refund, by simple mail (however, for more security, we advise you to proceed by mail with acknowledgment of receipt) to the following address:
FASHION AND CAFTAN - 11 RUE LOUISE COLET - GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE .
Art - 6 Delivery method
The products are delivered to the address indicated by the consumer on the order form and only to the geographical areas that we serve. For FRANCE the delivery costs are indicated to you, according to the amount of your order and the geographical areas of delivery.
For other countries, you only pay a delivery package according to your geographical area, Europe, Maghreb, Switzerland, whatever the amount of your order.
You are delivered by carrier "the post office in national or international colissimo" The delivery times are indicated to you when placing your order.
The products leave our premises in perfect condition. The customer must report to the carrier (or the postman) the slightest trace of shock (holes, traces of crushing, etc.) on the package, and if necessary refuse the package. A new identical product will then be sent to you free of charge.
In the event of benefit from a promotional offer of the expenses of sending, those Ci are valid only in the event of effective sale. Mode & Caftan reserves the right to withhold delivery costs and accessories related to the shipment of the package if the sale were to be canceled by the customer.
Art - 7 delivery times
Our delivery times can vary from 48 hours to 30 days depending on the availability of the product.
In the event of an urgent request outside these deadlines, we will do our best to ensure that you are within the deadlines, but you run the risk that your item will be delivered to you after the deadline, which in this case would in no way engage the responsibility of www.mode-et-caftan.com and would not constitute in any case a reason for cancellation of the order if it is made to measure. The standards have the principle of always being taken back or exchanged.
Art - 8 Non Conformity of delivery
Upon receipt of your package, you must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note.
You must indicate on the delivery note in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (damaged product). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
You must also report anomalies by registered mail and confirm your reservations to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to:
FASHION AND CAFTAN - 11 RUE LOUISE COLET - GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE .
Art - 9 Delivery problem caused by the carrier
If at the time of delivery, the original packaging is damaged, torn, open, you must then check the condition of the items. If they are damaged, you must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of a ''handwritten reserve'', accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending the carrier within two working days of the delivery date a registered letter with acknowledgment of receipt setting out the said complaints.
The consumer must send a copy of this letter to:
FASHION AND CAFTAN - 11 RUE LOUISE COLET GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE
Without this fact, we do not proceed to any trade.
We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or total or partial strike, postal services, transport/communication.
With regard to professional purchases, www.mode-et-caftan.com , will not be held liable for any consequential damages as a result of these presents, operating loss, loss of profit, damages or costs, which may arise from this occasion.
Art - 10 Delivery Errors
The consumer will have to formulate with www.mode-et-caftan.com , the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Beyond this period, any complaint will be rejected. The formulation of this complaint to www.mode-et-caftan.com may be made to our address. Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release www.mode-et-caftan.com from any responsibility vis-à-vis the consumer.
As part of a delivery that would not be intended for him, the customer is required to keep the package (s) in the state and to immediately inform the Customer Service of www.mode-et-caftan.com which will request to return it by colissimo with insurance, the cost of returning the package will be taken into account by www.mode-et-caftan.com which will send you a refund within 15 days of receipt of the package.
Art - 11 Withdrawal
The legal return period is 14 days following receipt of the item, however given the event nature of our items, buyers benefit from a period of 48 hours from the delivery of their order to inform us of the desire to return the article for exchange or refund without penalty, with the exception of the costs of return and restoration of conformity. This information may take the form of an email to modeetcaftan@gmail.com or by phone at 0644316925.
The return must be established with insurance of an amount equal to your purchase. All shipping costs, related to the payment, return and repair of the item remaining at your expense, amount to 24 euros.
For standard size items, your product will be exchanged or refunded according to your choice.
To be accepted, any return must be reported and have the prior agreement of www.mode-et-caftan.com within 48 hours working days following receipt of the package. Otherwise and exceptionally, Mode & Caftan will study your request on a case-by-case basis.
Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, worn, smells of perfume or other particular smells, or whose original packaging has been damaged, will not be taken back or exchanged.
Mode et Caftan reserves the right to refuse a return if it deems that these conditions are not met.
Art – 12 Exception to the right of withdrawal
This right does not apply to products manufactured or personalized for the customer.
Enter the following items in this field:
- Items above size 42/44 and below size 34/36 with modification of length or other customization.
- Made-to-order items made or personalized for the customer.
-Items made to measure and of which the customer made a mistake about his measurements.
-Modified and personalized items: addition of train, addition of sleeves, modification, colors, shortening of sleeves, modification of neckline
-Items worn, or having undergone alterations.
- Items with an overly pronounced perfume smell, cigarette smell, or other unpleasant smell due to non-preservation and protection of the item in the packaging, for example.
-Items damaged by poor maintenance or washing not adapted by the customer
-Items on sale and destocked
Art - 13 Payment
The price is payable when ordering.
Payments will be made by credit card, they will be made through the secure system which uses the SSL protocol ( Secure Socket Layer ) so that the information transmitted is encrypted by software and that no third party can read it at the course of transport on the network.
It can also be made by check, transfer or money order according to the financial conditions defined on the site.
Art - 14 Liability
The seller, in the online sales process, is bound only by an obligation of means, its responsibility cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture service, or other unintentional issues.
The choice and the purchase of a product or a service are placed under the sole responsibility of the customer.
The liability of www.mode-et-caftan.com will be limited to the amount of the order. It cannot be held responsible for direct or indirect damage, loss of turnover, occurring in any way whatsoever, even if the possibility of this damage existed at the time of the purchase of the product.
www.mode-et-caftan.com, specifies that pursuant to article 1124 of the Civil Code, non-emancipated minors are incapable of contracting. Therefore, orders for minors must be placed by parental authority.
In the event of accidental collection of personal data relating to a minor, the authority has the capacity to oppose their storage and/or transmission to third parties.
Sales, deliveries, payments, refunds, and all activity on this site remain the responsibility of www.mode-et-caftan.com. In the event of non-delivery of an order or part of an order, you have a maximum of 40 days (from the date of departure from our premises) to manifest yourself. Beyond this deadline, we will not accept any claim.
Art – 15 Force majeure
None of the parties will have failed in their contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure.
Will be considered as a case of force majeure any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquake, fires, strikes, storms, flood, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Art - 16 Modifications to the General Conditions of Sale
Given the possible changes to the www.mode-et-caftan.com website, we reserve the right to adapt or modify these general conditions of sale at any time.
Art – 17 Intellectual Property
All elements of the www.mode-et-caftan.com website are and remain the exclusive intellectual property of www.mode-et-caftan.com.
No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound.
Any simple or hypertext link is strictly prohibited without the express written consent of www.mode-et-caftan.com.
Art – 18 Protection of personal data
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to buyers may be subject to automated processing.
www.mode-et-caftan.com reserves the right to collect information on buyers including by using cookies .
Buyers may object to the disclosure of their details by notifying www.mode-et-caftan.com. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
Art – 19 Archiving – Proof
www.mode-et-caftan.com will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of www.mode-et-caftan.com will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Art – 20 Settlement of disputes
These online sales conditions are subject to French law.
In the event of a dispute, jurisdiction is assigned to the competent courts of the defendant's domicile, notwithstanding multiple defendants or warranty claims.