Terms and conditions of use
The CAFÉ COTON INTERNET company offers internet-based sale of ready-to-wear menswear and accessories.
These terms and conditions are concluded between, as party of the first part the Company CAFÉ COTON INTERNET, with capital of €62,500 whose registered office is located at 25 CITE SAINT CHAUMONT - PARIS 75019, FRANCE, registered at the Paris Trade and Companies Register under number RCS 540 064 425, hereinafter referred to as the "seller", and and as party of the second part, any any person (physical or moral) viewing, or wishing to make a purchase via the CAFE COTON website, hereinafter referred to as the "buyer". The current version of these Terms and Conditions can be viewed by the customer online. Simply click on the "Terms and Conditions" link to view the aforementioned conditions in their entirety. Customers can also obtain this document by writing to:
CAFE COTON INTERNET
50 rue Ardouin
Parc des Docks
93400 Saint Ouen
A Limited Company (SARL) with capital of €62,500 registered at the Paris Trade and Companies Register under number RCS 540 064 425 management number 2012 B 04043
These Terms and Conditions aim to define the contractual relationship between CAFÉ COTON INTERNET and the buyer, and the terms and conditions applicable to any purchase made via the CAFE COTON INTERNET shopping website www.cafecoton.fr. The Terms and Conditions which follow have been created to inform potential customers of the terms and conditions and processes for purchases, sales and the delivery of all products offered by the company on its website. These Terms and Conditions also set out the rights and obligations that sellers and consumers must comply with in order that transactions take place as efficiently as possible.
All orders placed via the www.cafecoton.fr website imply that the buyer has read and accepted the Terms and Conditions.
These terms and conditions shall prevail over all other specific or general terms and conditions not expressly approved by the seller.
The seller reserves the right to modify these terms and conditions at any time. In the event of modification, the applicable conditions will be those in force on the date of the electronic validation of the order by the buyer, on the date the order and supporting documents are printed from the site and received by CAFÉ COTON INTERNET.
Orders via the www.cafecoton.fr website indicate prior and unreserved acceptance of these terms and conditions by the customer. In particular, the customer should note that the acceptance of these Terms and Conditions does not require a signature on the part of the customer or the CAFÉ COTON INTERNET company. The Terms and Conditions can be printed by the customer or be viewed on the website.
1. Description of the goods and services offered:
The products and services offered are those which appear in the catalogue published on the seller's website.
Each product is accompanied by non-contractual description and photographs. Photographs and descriptions of the products in the catalogue are as true and accurate as possible, but cannot under any circumstances be supposed to be exactly like the product offered, in particular with regards to colour. Therefore, ET CAFÉ COTON INTERNET cannot be held liable in the event of error or omission in any of the text, photographs or images relating to the product, nor in the event of modification of the product characteristics by the supplier.
Price changes can be made on the 1st of each month or the first working day of each month.
Product prices are shown in euros inclusive of all taxes (TTC) i.e. including French VAT + any other additional or related taxes, and exclude shipping costs and order delivery charges for orders to be delivered within metropolitan France.
For all products shipped outside France and overseas French départements and territories, the invoice price will automatically be calculated excluding taxes. Customs duties and/or other local taxes or import duties or state taxes will be requested by local administrative bodies. These duties and costs are not the responsibility of CAFE COTON INTERNET. They shall be borne by the buyer and be their responsibility, both in terms of declaration and payment to the authorities and/or relevant agencies in the country in question.
The products remain the property of CAFE COTON INTERNET until full payment of the price.
CAFE COTON INTERNET does not primarily aim to sell to trade customers; however trade customers can fully and freely take advantage of the offers proposed on the website.
Any individual order from a trade customer, works council or other organisation will be processed after contact has been made via email or telephone.
ET CAFÉ COTON INTERNET reserves the right to not ship an order which may be the subject of a fraud or suspected fraud by either an individual or by a trade customer.
ET CAFÉ COTON INTERNET cannot be held responsible for any attempt of fraud on a third party, but agrees to provide any information it may have in its possession to authorities and/or to the competent courts to combat fraud.
Percentage reductions shown on the www.cafecoton.fr website by ET CAFÉ COTON INTERNET apply to prices previously offered for products. A recommended price and a discounted price or sale price during sale periods will be shown.
For any questions relating to the price of our products, use this email address: email@example.com.
The buyer acknowledges that they have the legal capacity to make an order and that they are over 18 years of age.
A buyer wishing to buy a product must:
- Complete the personal information form with all requested details.
- Complete the online order form providing details of all chosen products or services. To do this, the buyer shall select the products they wish to buy on the website and the delivery method they wish to use.
- Check and confirm their order.
- Make their payment in accordance with the conditions set out in clause 6 below, and in particular provide the seller with any supporting documentation which should accompany the payment.
-Confirm their order and payment.
Electronic confirmation of the order constitutes acceptance of these Terms and Conditions by the buyer, and acknowledgement that they have been read and understood, and that the buyer waives the right to claim their own terms of purchase or other conditions. The agreement is then considered fixed and final.
All data supplied during the purchase and the saved confirmation is considered proof of transaction. This confirmation will serve as proof of signature and acknowledgement of the transaction by the buyer.
The seller will send email confirmation of the registered order.
If payment is made by credit card, the seller will be contracted once the PAYBOX payment system has authorised the payment. The payment authorisation date is the order acceptance date.
In the event that the PAYBOX payment system does not authorise the credit card payment, the payment will be cancelled and the seller shall have no commitment to the agreement.
The customer can follow the progress of their order on the website by clicking on 'My Account'.
Data held regarding your order is subject to automated data processing managed by FIA-NET S.A. This automated data processing aims to perform transaction analysis and fight credit card fraud.
FIA - NET S.A. and the merchant where purchases are made receive the order data. Non-transmission of data related to the order prevents completion and analysis of the transaction.
Non-payment due to credit card fraud shall lead to the details related to the order associated with the non-payment being listed on a payment irregularities file managed by FIA-NET S.A. Any false declarations or anomalies may also be subject to specific processing.
Under the loi Informatique et Libertés of 6 January 1978 (Data Protection Act), you have a right to access, change, correct and delete your personal data by writing a letter, with proof of your identity, to FIA-NET - Service Informatique et Libertés - Traitements No. 773061 et No. 1080905 - 39, rue Saint-Lazare, 75009 PARIS, FRANCE.
4. Payment Terms:
Payment for products and any postage charges related to the order are payable in full at the time of ordering by the customer to confirm their acceptance of these charges.
Payment is expressed in euros, pounds sterling, and Australian, American or Canadian dollars only and inclusive of all taxes (TTC).
On the request of the buyer, a paper or electronic invoice highlighting payable VAT will be issued.
For orders outside France, prices are shown without French VAT. You are responsible for the payment of VAT applicable in your country if it is not automatically requested by your country's customs services.
CAFÉ COTON INTERNET cannot be held responsible for the non-payment of this tax or any tax relating to a shipment outside France between their customers and their country's customs services.
Customers can make payments using:
- Credit card (Bleue, Visa card, MasterCard, American Express)
Payments are made through the secure PAYBOX payment system which uses Secure Socket Layer (SSL) protocol. This system ensures the information is transmitted using encryption software and no third party can access it during the transfer of data over the network.
The buyer's bank details and IP address are not shared with the seller. Only the customer's bank and the PAYBOX Services security company have a right to access this data.
Data saved by CAFÉ COTON INTERNET's bank payment system constitutes the sole proof of financial transactions carried out by any means of payment used.
The debit from the customer's account may be made up to four days after the bank transaction on their system. CAFÉ COTON INTERNET cannot be held responsible in the event of the bank account debit taking place after this period of four days.
Order payment may be reversed at any time until 120 days after the date the order was placed. As such, ET CAFÉ COTON INTERNET reserves the right, at its sole discretion, not to ship a package where the payment, the IP address or the delivery address appears suspicious or dangerous for itself or for a third party.
ET CAFÉ COTON INTERNET will then not be responsible for the payment of damages or compensation of any kind since this is a matter that affects the safety of their customers, suppliers and service providers.
Deliveries are made to the address indicated in the order form, this address must be in the geographic area designated below, except by agreement with the seller. In the case of such an agreement, the seller cannot be held responsible if the delivered product does not comply with the legislation in force in the country where the order is delivered.
5.1 Delivery locations:
The online sale of products and services offered on the website is available to all buyers with the exception of those in Slovakia.
5.2 Delivery times and availability:
The delivery times shown on the website are given for informational purposes only for products in stock. Delivery times are calculated from the time the product is shipped.
The products offered on the website are subject to available stock.
If for any reason, the seller is unable to deliver the order to the buyer, the seller shall contact the customer and give them option to change, modify or cancel their order.
In any case, if the delivery time is greater than 30 days from the order acceptance date, the order can be modified or the sales contract may be terminated and the buyer refunded.
In the event that the order contains both available products, and products that are not in stock, the seller shall deliver the products as they become available without any additional shipping charges than those listed on the order.
5.3 Delivery options:
When making their order the customer has the option of standard delivery: orders are often delivered within 4 working days from the time they are shipped.
5.4 Delivery charges:
Delivery charges depend on the weight and total order value. The delivery price is automatically displayed on the site when the customer places their order and before the order is confirmed by them.
The buyer assumes all risks from the moment the products have left the seller's or their carrier's premises and until the customer returns the product to the seller.
The seller shall ensure that products are properly protected for transport. If, despite this protection, ordered products are damaged during transport, the buyer may either refuse to accept the delivery of damaged goods or make dated and signed handwritten reservations on the delivery note or at the post office depending on chosen carrier.
The buyer should also contact CAFÉ COTON INTERNET within 24 hours and follow the website returns request procedure which can be accessed from 'Your Account', 'View Previous Orders' then 'Order Detail' indicating the product concerned and the reason for the return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email.
The product must be returned by the customer in its original packaging intact and sealed. A photocopy of the invoice must be attached to the product and the returns number marked on the carrier packaging.
The seller shall deliver the replacement product after return of the damaged product at their own expense and subject to available stock. The return cost for the damaged product will be refunded to the customer on receipt of proof of payment.
The seller will not accept returned goods if a returns number has not been sent to the buyer.
5.6 Product missing on delivery or delivery does not conform to the order:
If the customer finds that a product is missing upon delivery by the carrier, they must contact the seller within 48 working hours following delivery and provide the order number. The seller will then deliver the missing product as soon as possible without additional postage charges, or will carry out a product exchange if the delivery does not conform to the order.
To make an exchange, the customer must contact the seller:
- for missing products, by email to firstname.lastname@example.org, with their order number
- for delivered products which do not conform to the order, by email to email@example.com, with their order number the customer may then request a returns number indicating the product they wish to return and the reason for the return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email. The product must be returned by the customer in its original packaging intact and sealed. A photocopy of the invoice must be attached to the product and the returns number marked on the carrier packaging. The cost to return the damaged product will be refunded on receipt of proof of payment and the product that was not delivered in accordance with the order will be delivered without additional postage charges to the customer.
Buyers and non-trade physical people have a withdrawal period of seven days from the receipt of their order to return product to the seller for exchange subject to available stock, or refund without any extra charge, with the exception of return delivery costs.
To exercise the right of withdrawal, the buyer must contact CAFÉ COTON INTERNET to request the return of the article(s) as follows:
- If they wish to exchange goods: by email to firstname.lastname@example.org providing the order number, the new item will be delivered when item that was originally sent is received by CAFÉ COTON INTERNET. The new item will be returned at the expense of the buyer and upon payment of any additional cost due for the new item as well as its delivery charge.
- If the buyer wishes to return the item: they should follow the website returns request procedure. The buyer may then request a return approval number by indicating the product(s) that they wish to return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email. The product must be returned by the customer at their own expense and at their own risk, in its original complete packaging. The photocopy of the invoice must be attached to the product and the return approval number should be marked on the carrier packaging to facilitate the sorting of packages at the CAFÉ COTON warehouse inwards goods bay, and allow Customer Service to process the application quickly and efficiently. Refunds will be made within 30 days from the date the returned product is received either by credit card credit if this refund method is technically possible, or by cheque made out to the customer, or by bank transfer, or by a voucher discount code valid on the seller's website for 1 year, or in cash at the express request of the customer.
Only returns complying with these terms and conditions will be refunded or exchanged by the seller.
There is no warranty for products from www.cafecoton.fr
Returns are only accepted by the seller for scenarios specified in clauses: 7.5 (Carrier), 7.6 (Product missing on delivery or delivery does not conform to the order), 7 (Withdrawal), and when they are made within 30 days of delivery in accordance with the procedure described in the above mentioned clauses.
Returns (including under warranty) are carried out at the buyer's risk.
If for any reason one of these Terms and Conditions sale should be declared inapplicable, this inapplicability shall not affect the application of the other provisions of the terms and conditions; the condition found to be inapplicable shall be replaced by the closest possible provision.
In its online sale process, the seller is under an obligation of means only; they are not liable for damages resulting from the use of the Internet such as data loss, intrusion, virus, loss of service or other involuntary problems.
The seller's liability is limited to the purchase amount paid by the buyer. The seller cannot be held liable for stock shortages or delivery delays by suppliers.
Under no circumstances will ET CAFÉ COTON INTERNET be held responsible for any damages whatsoever, direct or indirect, caused to the user or a third party, due to a malfunction, failure, loss of earnings, loss of data, loss of profits, operating loss, loss of software, a deterioration or loss of material by the user or a third party.
The seller bears no responsibility for compensation for direct and indirect, material or immaterial damages arising from damage resulting from scenarios exhaustively described above. Nor does the seller bear responsibility for recovery, reproduction or repair costs resulting from such losses or damages.
The seller cannot be held responsible for any typing errors by the customer during the ordering which as consequence have resulted in errors or delays in delivery.
10. Retention of title clause:
Goods remain the property of ET CAFÉ COTON INTERNET until full payment of their cost.
11. Force majeure:
In the event of force majeure as defined by the jurisprudence of the French courts, making the execution of obligations impossible by either of the parties, the respective obligations of the parties will first be suspended for the duration of the agreement, with exclusion however of obligations stipulated in clause 14 'Intellectual Property'.
If this suspension shall last more than 30 days, the contract may be terminated as of right upon the request of either party by means of a letter sent by registered mail with acknowledgement of receipt. ET CAFÉ COTON INTERNET and the contracting party shall then no longer be required to meet their obligations with the exception of those resulting from clause 14 'Intellectual Property' without any damages being due for any reason to either party.
Neither party shall be held responsible for any breach of its obligations resulting from events of force majeure or unforeseeable circumstances within the meaning of article 1148 of the French Civil Code and the case law of the Court of cassation. The parties recognise events of force majeure or unforeseeable circumstances to include total or partial strikes external to the service provider, export bans, modification of rules applicable to the provision of service, transport blockades, fire, lightning and floods".
12. Intellectual Property:
All elements of the site www.cafecoton.fr, cafecoton.com, cafecoton.it, are and remain the intellectual and exclusive property of ET CAFÉ COTON INTERNET.
No person is authorised to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the cafecoton website, software, graphics or sound.
Any simple or hypertext links are strictly forbidden without the express written consent of ET CAFÉ COTON INTERNET.
ET CAFÉ COTON INTERNET shall not be responsible if the content of the sites to which a referral with hypertext links is offered does not comply with the legal and regulatory provisions in force.
13. Archiving – Proof:
Computerised records stored in reasonably secure conditions shall be considered as proof of communications, orders and payments that have occurred between the parties.
Order forms, order confirmations and invoices are stored on a reliable and permanent media to provide an accurate and permanent copy in accordance with article 1348 of the civil code.
The computerised records of the seller shall be considered by the parties as proof of communications, orders and payments that have occurred between the parties.
14. Dispute resolution:
These online sales Terms and Conditions are subject to French law and specifically to the regulations governing distance selling (articles L. 121 - 16 to L. 121 - 20 of the French Consumer Code), Directive 97/7/EC of 20th May 1997 on the protection of consumers in respect of distance contracts, and the Act of 1st August 2000.
For the resolution of all disputes relating to the sales contract, the parties may agree to submit to arbitration.
In the event of dispute, the buyer will contact ET CAFÉ COTON INTERNET by electronic mail to the following email address: email@example.com
15. For more information:
All requests should be sent to: firstname.lastname@example.org
or by letter to:
CAFE COTON INTERNET
25 CITE SAINT CHAUMONT
PARIS 75019, FRANCE