General Terms and Conditions of Sale
The company CAFE COTON INTERNET sells ready-to-wear clothing and accessories for men over the Internet.
These general terms and conditions of sale are entered into between, as party of the first part, the company CAFE COTON INTERNET, with share capital of €62,500, whose registered office is located at 25 CITE SAINT CHAUMONT - PARIS 75019 FRANCE, registered in the Paris Trade Register under number RCS 540 064 425, hereinafter referred to as "Seller" and, as party of the second party, any individual or legal entity seeking to make a purchase via the CAFE COTON website, hereinafter referred to as "Buyer". The updated version of these General Terms and Conditions of Sale is available online. To reach it, click "General Terms and Conditions of Sale" to read this document in its entirety. The customer can also obtain this document by writing to:
CAFE COTON INTERNET
25 Cité Saint Chaumont
75019 Paris FRANCE
A limited liability company (SARL) with share capital of €62,500, registered in the Paris Trade Register under number 540 064 425, management number 2012 B 04043.
These General Terms and Conditions of Sale are intended to define the contractual relationships between CAFE COTON INTERNET and the BUYER, as well as the terms and conditions applicable to any purchase carried out through the CAFE COTON INTERNET commercial website, www.cafecoton.fr. The following General Terms and Conditions of Sale were established in order to inform potential consumers about the terms and conditions governing the purchase, sale, and the delivery of any products offered by the company on its website. These General Terms and Conditions of Sale also determine the rights and obligations with which sellers and consumers must comply so that transactions can take place under the best possible conditions.
Any order placed through the www.cafecoton.fr website therefore implies that the buyer acknowledges having read and agreed to these General Terms and Conditions of Sale.
These terms and conditions of sale prevails over any other general or special terms or conditions not expressly approved by the seller.
The seller reserves the right to modify these terms and conditions of sale at any time. In such a situation, the applicable terms and conditions will be those in effect as of the date on which the buyer electronically confirmed the order, the date on which CAFE COTON INTERNET received the printed order from the website, along with any supporting documentation.
Placing an order on the www.cafecoton.fr website implies prior and unconditional acceptance of these general terms and conditions by the customer. Specifically, the customer indicated that acceptance of these General Terms and Conditions of Sale does not require a written signature from the customer or CAFE COTON INTERNET. The General Terms and Conditions of Sale may be printed by the customer and viewed on the website.
1. Description of the Goods and Services Offered:
The products and services offered are those which appear in the catalog published on the seller's website.
Each product is accompanied by non-binding photographs and descriptions. The photographs and descriptions of products in the catalog are the most faithful realistically possible, but they do not in any way ensure a perfect similarity with the offered product, particularly with regard to colors. As such, CAFE COTON INTERNET cannot be held responsible for any error or omission in any text, photographs, or graphics relating to the product or changes to the product characteristics made by the supplier.
Product prices may change on the first day of each month or on the first business day of each month.
Prices for our products are indicated in euros, including all taxes (the French VAT (Value Added Tax) and any other related taxes) but excluding shipping and delivery charges for orders to be delivered within mainland France.
For all products shipped outside of France and French Overseas Departments and Territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties and/or other local taxes, import duties, or government taxes will then be requested by the buyer's local administrative bodies. CAFE COTON INTERNET is not responsible for these duties and amounts. They will be the full responsibility of the buyer, in terms of both declarations and payments to the authorities and/or competent bodies in the country of delivery.
Product remain the property of CAFE COTON INTERNET until payment has been made in full.
CAFE COTON INTERNET does not fundamentally intend to sell to businesses, but businesses may fully and freely enjoy the same benefits offered on the site.
Any special request coming from a business, corporate committee, or other organization will be addressed when electronic or telephone contact is first established.
CAFE COTON INTERNET reserves the right to refrain from shipping an order that may represent fraud or suspected fraud involving an individual or business.
CAFE COTON INTERNET cannot be held responsible for any attempted fraud targeting a third party, but it agrees to provide the appropriate authorities and/or jurisdictions with any information it may have in its possession in order to fight fraud.
Discount percentages displayed on the www.cafecoton.fr website by CAFE COTON INTERNET apply to the previously offered product price. A recommended retail price and a discounted sales price will be shown during a sales period.
For any questions about the price of our products, please write to email@example.com.
The buyer acknowledges having the legal capacity to place an order and being over the age of 18.
The buyer, who wishes to purchase a product, must:
- Complete the identification form with all of the requested contact information, and
- Complete the online order form with all of the selected product or service numbers. To do this, the buyer selects the desired products on the site and indicates a desired delivery date.
- Validate the order after verifying its contents.
- Make payment as provided in section 6 below and specifically provide the seller with any supporting documentation that may accompany payment.
- Confirm the order and payment.
The electronic order confirmation implies, for the buyer, acceptance of these General Terms and Conditions of Sale, acknowledgment of having read them, and waiver of the buyer's own terms and conditions of sale or any other terms and conditions. The buyer's agreement is then considered firm and final.
All of the provided data and the recorded confirmation constitute proof of the transaction. The confirmation implies the buyer's signing and acceptance of completed transactions.
The seller will email a confirmation of the recorded order.
If payment is made by credit card, the seller will be bound once the PayBox payment platform has authorized the payment. The payment authorization date is the date on which the order was received.
If the PayBox payment platform does not authorize the credit card payment, the payment will be canceled, and the seller will be cleared of its commitments.
The customer can track the order on the website by clicking "My Account".
Information about the order undergoes automated data processing through FIA-NET S.A. This automated data processing is intended to define a level by which to analyze a transaction and to fight against credit card fraud.
FIA-NET S.A. and the merchant through which purchases were made are recipients of data about the orders. The non-transmission of order data prevents the transaction from being completed and analyzed.
The occurrence of unpaid invoices due to fraudulent use of a credit card will require contact information associated with the unpaid order to be recorded in a payment incident file implemented by FIA-NET S.A. Any false declaration or anomaly may also be subject to special processing.
In accordance with the Data Protection Act of January 6, 1978, buyers have the right at any time to access, correct, and oppose all of their personal data by writing a letter, with proof of identity, to FIA-NET, Data Protection Department - Processing no. 773061 and 1080905 - 39, rue Saint-Lazare, PARIS 75009 FRANCE.
4. Payment Terms:
Payment for products and any shipping charges associated with the order is payable in full at the time of order to validate the customer's acceptance.
Payment is expressed in euros, British pounds, or Australian, US, or Canadian dollars only, inclusive of all taxes.
At the buyer's request, the buyer will be sent a paper or digital invoice that indicates the VAT to be paid.
For orders shipped outside of France, prices are shown without the French VAT. You must pay VAT or applicable taxes in your own country if such taxes are not automatically requested by your country's customs department.
CAFE COTON INTERNET cannot be held responsible for the failure to pay taxes on orders shipped outside of France between its customers and their country's customs department.
The customer may pay by:
- Credit card (Bleue, Visa, MasterCard, or American Express)
Payments are made through the secure PayBox payment system, which uses SSL (Secure Socket Layer) such that transmitted information is encrypted by software and no outside parties can intercept data transported over the network.
The buyer's IP address and bank information are then not known to the seller. Only the banks of the customer and the secure PayBox Services have a right to access that information.
Data saved by CAFE COTON INTERNET's bank payment system constitutes the only proof of the financial transactions may by the used payment method.
The customer's account may be debited up to four days after the bank transaction is completed on your system. CAFE COTON INTERNET cannot be held responsible if the bank debit occurs after four days.
Payment of an order may return as unpaid up to 120 days from when the order was placed. As such, CAFE COTON INTERNET reserves the right, at its sole discretion, to not ship a package whose payment, IP address, or shipping address may appear questionable or dangerous to itself or to a third party.
CAFE COTON INTERNET will then owe no indemnity or other compensation of any kind because it acted in the safety of its own customers, suppliers, and service providers.
Shipments are made to the address indicated in the order, which may not be in the geographical location designed below, without the seller's consent. If consent is given, the seller cannot be held responsible if the shipped product does not comply with the laws of the country where the order is shipped.
5.1 Shipping Location:
Online sales of products and services provided on the website are available to all buyers, excluding Slovakia.
5.2 Delivery Times and Availability:
The delivery times indicated on the site are given for information purposes with regard to in-stock products. They are expressed from when the product is shipped.
Offers on the site are valid only while stock is available.
If, for any reason whatsoever, the seller is unable to ship the order to the buyer, the buyer would contact the the customer with the option to change, modify, or cancel the order.
If the delivery time is longer than 30 days from when the order was received, the order may be modified or the sales contract may be terminated and the buyer's payment would be refunded.
If the order contains some available products and some out-of-stock products, the seller will ship the products as they are available, without any additional shipping charges than what appears on the order.
5.3 Shipping Options:
When preparing the order, the customer has the option to select standard delivery. The order is most often delivered within four business days from when it is shipped.
5.4 Shipping Charges:
The shipping charges for the products depends on the weight and total amount of the order. Shipping charges automatically display on the site when the customer places an order and before the order is validated.
The buyer bears the risk from the time the products leave the premises of the seller or its carrier and when the customer returns the product to the seller.
The seller must ensure that the products are sufficiently protected for transport. If, despite this, the ordered products are damaged during transport, the buyer may refuse delivery of the damaged products or make handwritten reservations that are dated and signed on the delivery slip or by post, depending on the method of transport used.
The buyer must also contact CAFE COTON INTERNET without 24 hours, according to the site's return procedure, available under "Your Account", "View my past orders", and "Order details", indicating the product concerned and the reason for the return request. After verification, the seller will email the buyer a return number and the procedure to be followed.
The product must be returned by the customer in its original packaging, which must be intact and sealed. A photocopy of the invoice my be attached to the product, and the return number must be marked on the packaging.
The seller will ship a replacement product at its own expense, provided that there is available stock after the damaged product is returned. The customer will be reimbursed for costs associated with returning the damaged product if a receipt is provided.
The seller will not accept returned products if the buyer was not given a return number.
5.6 Product Missing from Delivery or Delivery Not in Compliance with the Order:
If the customer finds that a product is missing upon delivery by the carrier, the customer must contact the seller within 48 business hours after delivery, with the order number. The seller will then deliver the missing product with no shipping expenses, or the seller will exchange the product of the delivery did not match the order.
To carry out an exchange, the customer must contact the seller:
- for missing products, by email to firstname.lastname@example.org, including the order number
- for delivered products that are not in compliance with the order, by email to email@example.com, including the order number. The customer may then request a return number, indicating which product he or she would like to return and how. After verification, the seller will email the customer a return number and the procedure to be followed. The product must be returned by the customer in its original packaging, which must be intact and sealed. A photocopy of the invoice my be attached to the product, and the return number must be marked on the packaging. The costs associated with returning the item will be refunded with proof, and the product that was not delivered in accordance with the order will be delivered free of charge to the customer.
Non-business individual buyers have a rescission period of seven days from when their order is received within which to return the product to the seller for an exchange (if stock is available) or replacement, without penalty, with the exception of return shipping costs.
For this, the buyer must contact CAFE COTON INTERNET to request to return the product(s) as follows:
- If the buyer would like an exchange: By email to firstname.lastname@example.org, indicating the order number. The customer will be sent a new item once CAFE COTON INTERNET receives the originally shipped product. The new item will be returned at the buyer's expense, upon payment of any additional charges for the payment of the new item and its shipping costs.
- If the buyer would like to return the item: By following the return request procedure on the website. The buyer may then request a return approval number, indicating the product(s) the buyer would like to return. After verification, the seller will email the buyer a return number and the procedure to be followed. The product must be returned by the customer, at the customers expense and risk and in its original packaging, with all of the items needed to package the product. A photocopy of the invoice must be attached to the product, and the return approval number must be indicated on the package for easier package processing upon receipt by the CAFE COTON warehouse. This will allow Customer Service to process the request as quickly as possible and under the best possible conditions. The refund will be made within 30 days from when the product return was received, either by a credit applied to the customer's credit card (if technically possible) or by a check to the customer, a bank transfer, a credit in the form of a discount code valid on the seller's website for one year, or cash at the customer's express request.
Only a return that complies with the terms and conditions may result in a refund or exchange by the seller.
Products from www.cafecoton.fr are not covered by any warranty.
Returns are accepted by the seller only in the cases considered in sections 5.5 (Transport), 5.6 (Product Missing from Delivery or Delivery Not in Compliance with the Order), 7 (Rescission), and when returned within 30 days after delivery, in accordance with the procedure described in the sections mentioned above.
Returns (including under warranty) are made at the buyer's risk.
If, for any reason whatsoever, one of these General Terms and Conditions of Sale, is declared inapplicable, such inapplicability will not affect the application of the other provisions of the general terms and conditions. The one deemed inapplicable would then be replaced by the closest possible provision.
In the online sale process, the seller is bound only by an obligation of means. The seller cannot be held liable for damage resulting from the use of the Internet, including data loss, intrusion, viruses, service disruptions, or other involuntary problems.
The seller's liability is limited to the amount of the purchase made by the buyer. The seller cannot be held liable for a shortage or delivery delay on the part of its suppliers.
Under no circumstances may CAFE COTON INTERNET be held liable for any damage of any kind, whether direct or indirect, caused to the user or a third party, such as a malfunction, failure, loss of earnings, loss of data, loss of profits, loss of operations, loss of software, or damage or loss of equipment by the user or a third party.
The seller will not provide compensation for direct or indirect, material or immaterial damages that may arise due to the above damage. The seller will not be liable for the costs of recovering, reproducing, or repairing such losses or damage.
The seller cannot be held liable for any input errors by the customer when placing the order that may have led to delivery errors or delays.
10. Retention of Ownership:
Goods remain the property of CAFE COTON INTERNET until full payment of their price.
11. Force Majeure:
In the case that a force majeure event, as defined by the jurisprudence of the French courts, makes it impossible for either of the parties to fulfill its obligations, the respective obligations of the parties will be suspended for the entire length of its existence, excluding any obligations under Article 14 "Intellectual Property".
If such a suspension lasts for longer than 30 days, the contract will automatically be terminated by the initiative of either party, upon sending a letter by registered mail with acknowledgment of receipt. CAFE COTON INTERNET and the contractor will then no longer be bound to their obligations, with the exception of those resulting from Article 14 "Intellectual Property", without any indemnity for any reason whatsoever to either party.
Neither party will be held liable for any breach of its obligations resulting from a force majeure event or a fortuitous event, within the meaning of Article 1148 of the French Civil Code and the jurisprudence of the French Court of Cassation. The parties recognize a force majeure or fortuitous event as being exemplified by a full or partial strike external to the supplier, a ban on exports, changes to applicable regulations for providing a service, transportation blockages, fire, lightning, and floods.
12. Intellectual Property:
All elements of the www.cafecoton.fr, cafecoton.com, and cafecoton.it websites are and remain the exclusive intellectual property of CAFE COTON INTERENET.
Nobody is permitted to reproduce, use, redistribute, or use elements from the cafecoton website for any purpose whatsoever, even partially, including software, visual content, and sound.
Any simple link or hyperlink is strictly prohibited without the express written consent of CAFE COTO INTERNET.
CAFE COTON INTERNET cannot be held responsible if the content of websites to which a reference is made with hyperlinks does not comply with applicable legal and regulatory provisions.
13. ARCHIVING – PROOF:
Computer records, stored with reasonable security, will be considered proof of communications, orders, and payments carried out between the parties.
Order forms, order confirmations, and invoices are archived to a reliable and durable medium as a faithful and reliable copy, in accordance with Article 1348 of the French Civil Code.
The seller's computer records will be considered by the parties as proof of communications, orders, payments, and transactions carried out between the parties.
14. Resolution of Disputes:
These online General Terms and Conditions of Sale are subject to French law and particularly the regulations on distance selling (Articles L. 121-16 to L. 121-20 of the French Consumer Code), Directive 97/7 EC of May 20, 1997 on the protection of consumers under distance selling, and the law dated August 1, 2000.
To resolve any disputes pertaining to the sales contract, the parties are entitled, by mutual agreement, to arbitration.
If the event of a dispute, the buyer will contact CAFE COTON INTERNET by email at: email@example.com.
15. For More Information:
All requests should be sent to: firstname.lastname@example.org
Or mailed to:
CAFE COTON INTERNET
25 CITE SAINT CHAUMONT
PARIS 75019 FRANCE