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Terms of Sales
1 - Characteristics of the goods and services offered
2 - Prices
3 - Orders
4 - Terms of payment
5 - Deliveries
6 - Withdrawal
7 - Warranty
8 - Returns
9 - Liability
10 - Retention of title clause
11 - Force majeure
12 - Intellectual Property
13 - Archiving - proof
14 - Settlement of disputes
15 - For any information
The CAFÉ COTON company offers the sale of men's ready-to-wear and accessories on the Internet.
These general conditions of sale are concluded between, on the one hand, the Company CAFÉ COTON, SAS with a capital of €1,301,566.99 whose head office is located at 11 Rue Christophe Colomb - 75008 PARIS, registered in the Trade and Bobigny companies under number RCS 378 617 245, hereinafter referred to as "the seller" and on the other hand, any natural or legal person consulting or wishing to make a purchase via the CAFÉ COTON website, hereinafter referred to as "the 'Buyer ". The updated version of these General Conditions of Sale is accessible online by the customer. To do so, simply click on “General Conditions of Sale” where the said conditions are referenced in their full version. The customer can also obtain this document by writing to:
11 rue Christophe Colomb
These General Conditions of Sale aim to define the contractual relationship between CAFÉ COTON and the buyer and the conditions applicable to any purchase made through the CAFE COTON merchant site, named www.cafecoton.com. The following General Conditions of Sale have been established in order to inform potential consumers of the conditions and methods under which the purchases, sales and delivery of all the products offered by the company on its website take place. These General Conditions of Sale also determine the rights and obligations that sellers and consumers must respect so that transactions take place under the best possible conditions.
Any order placed on the website www.cafecoton.com therefore implies that the buyer acknowledges having read the General Conditions of Sale and that he has accepted them.
These conditions of sale shall prevail over any other general or specific conditions not expressly approved by the seller.
The seller reserves the right to be able 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 electronic validation of the order by the buyer, on the date of receipt by CAFÉ COTON of the order printed from the site and any supporting documents.
Placing an order on the site www.cafecoton.com implies prior and unreserved acceptance of these general conditions by the customer. In particular, the customer has noted that the acceptance of these General Conditions of Sale does not require a handwritten signature on the part of the customer or the company CAFÉ COTON. The General Conditions of Sale can be printed by the customer and consulted on the site.
1. Characteristics of the goods and services offered:
The products and services offered are those listed in the catalog published on the seller's website.
Each product is accompanied by non-contractual descriptions and photographs. The photographs and descriptions of the products in the catalog are as faithful as possible to reality but can in no way ensure a perfect similarity with the product offered, in particular with regard to the colors. Therefore, CAFÉ COTON cannot be held responsible in the event of an error or omission in any of the texts, photographs or graphics relating to the product or in the event of modification of the characteristics of the product by the supplier.
The modification of the prices of the products can be done every 1st of each month or the 1st working day of each month.
The prices of our products are indicated in euros including VAT (all taxes included), i.e. with French VAT (Value Added Tax) + any additional or related taxes, excluding shipping and delivery costs. of the order for orders to be delivered in Metropolitan France.
Promotional codes cannot be combined and are deactivated during sales and offers in progress. The duration of their validity is determined and will be indicated to you.
For all products shipped outside the European Community and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties and/or other local taxes or import duties or state taxes will then be requested by its local administrative bodies. These rights and sums are not the responsibility of CAFE COTON. They will be borne by the buyer and are his full responsibility, both in terms of declarations and payments to the authorities and/or competent bodies of different countries.
The products remain the property of the CAFÉ COTON Company until full payment of the price.
The Company CAFÉ COTON is not primarily intended to sell to professionals, although the latter can fully and freely benefit from the same advantages offered on the site.
Any special request from a professional, works council or other organizations may be processed as soon as a first electronic or telephone contact takes place.
The CAFÉ COTON Company reserves the right not to ship an order that may be the subject of fraud or suspicion of fraud of any kind for both an individual and a professional.
The CAFÉ COTON Company cannot be held responsible for any attempt to defraud a third party but undertakes to provide the authorities and/or competent courts with any information it may have in its possession to combat fraud.
The reduction percentages displayed on the website www.cafecoton.com by the CAFÉ COTON Company apply to the price previously offered for the products. It will then be mentioned a recommended price and a discounted sale price or sales price on sale during the sales period.
For questions about the price of our products, there is an email address; firstname.lastname@example.org
The buyer acknowledges having the legal capacity to place an order and being over 18 years old.
The buyer, who wishes to buy a product, 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. To do this, he selects the desired products and the desired delivery method on the site.
- Validate his order after having checked it.
- Make the payment under the conditions provided for in paragraph 6 below and in particular provide the seller with any supporting document that may need to accompany the payment.
- Confirm your order and payment.
The electronic confirmation of the order entails, for the buyer, acceptance of these General Conditions of Sale, the recognition of having perfect knowledge of them and the renunciation of availing himself of his own conditions of purchase or other conditions. His commitment is then considered to be firm and final.
All the data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will be worth signature and acceptance by the buyer of the operations carried out.
The seller will communicate by e-mail confirmation of the registered order.
If the payment is made by credit card, the seller will be engaged as soon as the payment platform PAYZEN (Credit Du Nord group) has authorized the payment. The payment authorization date is the date the order is taken into account.
In the event that the PAYZEN payment platform does not authorize payment by credit card, the latter will cancel itself and the seller's commitments will prove to be non-existent.
The customer can follow his order on the site by clicking on "My Account".
4. Terms of payment:
The payment of the products and any shipping costs related to the order are due in full at the time of the order to validate its acceptance by the customer.
The payment is expressed in euros only and all taxes included (TTC).
At the request of the buyer, he will be sent a paper or digital invoice highlighting in a particular way the VAT to be paid.
For orders outside France, the prices displayed are offered without French VAT, you will have to pay the VAT relating to your country on your own if it is not automatically requested by the customs services of your country.
The CAFÉ COTON Company cannot be held responsible for the non-payment of this tax or any tax relating to a shipment outside France between its customers and the customs services of their countries.
The customer can make his payments:
- By credit card (Blue, Visa, Mastercard, American Express)
- By PayPal.
Payments are made through the Payzen secure payment system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can read it during the transport of the network data.
The bank details and IP addresses of the buyer are then not known to the seller. Only customer banks and the PAYZEN Services secure company have a right of access.
The data recorded by the payment system of the bank of the Company CAFÉ COTON constitutes the sole and unique proof of the financial transactions carried out by the means of payment used.
The debit of the customer's account can be carried out up to four days after having carried out the banking transaction on your system. The CAFÉ COTON Company cannot be held responsible in the event of a bank debit exceeding this four-day period.
In order to secure the purchase, we may ask you for a photocopy of your identity card by email and proof of address.
The payment of an order can return unpaid at any time up to 120 days from the date of placing the order. As a result, the CAFÉ COTON Company reserves the right, at its sole discretion, not to ship a package whose payment, IP address or delivery address may appear to it to be doubtful or dangerous for its own account or that of from a third person.
The CAFÉ COTON Company will then have no indemnity or compensation of any kind to pay since the safety of its own customers, suppliers and service providers is at stake.
Deliveries are made to the address indicated in the order form which can only be in the geographical area designated below, unless agreed by the seller. In the case of such an agreement, the seller cannot be held responsible if the product delivered does not comply with the legislation in force in the country where the order is delivered.
5.1 Places of delivery:
The online sale of the products and services presented on the site is available to all buyers with the exception of Slovakia and Reunion Island.
The tax refund of products is automatically carried out through our online store for any delivery abroad and to a location eligible for it. Deliveries in mainland France are not subject to tax refund and therefore Café Coton is not able to issue tax refund vouchers.
5.2 Delivery times and availability:
The delivery times indicated on the site are given as an indication for products in stock. They are expressed from the shipment of the product. The deadline is 5 working days on average during the non-promotional period and 15 working days during the promotional period.
The offers offered on the site are only valid within the limits of available stocks.
In the event of total or partial unavailability of a product or service after the order has been placed, the customer will be informed by e-mail of the delivery of a partial order or of the cancellation of his order.
Pursuant to the provisions of Articles L216-2 and L-216-3 of the Consumer Code, in the event of unavailability of the product or service, the customer then has the option of being reimbursed for the price of the product or service. within 14 days of their request.
5.3 Delivery Options:
When preparing their order, the customer benefits from the standard delivery option: the order is most often delivered within 3 working days from the time it was dispatched.
5.3 Delivery prices:
The delivery price of the products depends on the weight and the amount of the order. The delivery price is automatically displayed on the site when the customer places his order and before it is validated by him.
During promotional periods, shipping costs, if they are offered, are always calculated on the basis of a shipment by Colissimo with tracking in metropolitan Francs.
The risks are borne by the purchaser from the moment the products have left the premises of the seller or his carrier as well as when the customer returns his product to the seller.
The seller ensures that the products are suitably protected for transport. If, despite this, the products of the order were damaged during transport, the buyer may either refuse delivery of the damaged products or make handwritten, dated and signed reservations on the transport voucher or with the post office according to the method of transportation used.
He must also contact CAFÉ COTON, within 24 hours by following the return request procedure on the site accessible from "Your account" then "See my previous orders" then "Order details" indicating the product concerned and the reason for the return request. After verification, the seller will communicate to the buyer a return number and the procedure to follow by e-mail.
The product must be returned by the customer in its original packaging, intact and sealed. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging.
The seller will deliver the replacement product at his own expense within the limits of available stocks after return of the damaged product. The cost of returning the damaged product will be reimbursed to the customer upon proof of payment.
The seller will not accept returned products if a return number has not been communicated to the buyer.
5.5 Product missing on delivery or delivery not conforming to the order:
If the customer finds that a product is missing during delivery by the carrier, he must contact the seller within 48 working hours of delivery with his order number. The seller will then deliver the missing product as soon as possible without additional shipping costs or will exchange the product if the delivery does not comply with the order.
To proceed with the exchange, the customer must contact the seller:
- or, for missing products, by e-mail to email@example.com, with its order number
- or, for products delivered not in accordance with the order, by e-mail to firstname.lastname@example.org, with his order number. The customer can then request a return number indicating the product he wishes to return and the reason return. After verification, the seller will communicate by e-mail a return number to the customer and the procedure to follow. The product must be returned by the customer in its original packaging intact and sealed. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging. The cost of returning this item will be reimbursed on proof and the product which had not been delivered in accordance with the order will be delivered without additional shipping costs to the customer.
Buyers, non-professional individuals, benefit from a withdrawal period (DDR) of 14 days from receipt of their order to return the product to the seller for exchange within the limit of available stocks, credit note or refund without penalty, except return shipping costs. For this, the buyer must contact CAFÉ COTON to request the return of the item(s) as follows: - If he wishes an exchange: by e-mail to email@example.com indicating his order number, surnames and first names, the product(s) desired in exchange. Ideally, and to ensure an exchange as soon as possible, it is recommended that the buyer clearly specify the names of the references requested in exchange and/or the URL link(s) to the product sheet with sizes if possible. The buyer will be delivered the new article upon receipt by CAFÉ COTON of the article initially received. The new article will be returned at the expense of the buyer and upon payment of any additional price for the payment of the new article as well as its delivery costs. - If he wishes to return the item: by following the site's return request procedure. The buyer can then request a return agreement indicating the product(s) they wish to return. After verification, the seller will communicate to him the procedure to follow by email. The product must be returned by the customer at his own expense and risk, as is, folded in its original packaging with all the elements used to condition the product. The photocopy of the invoice must be attached to the product. The refund will be made within a maximum period of 30 days from the date of receipt of the return of the product either by bank card credit or Paypal account as soon as this method of refund is technically possible, either by check payable to the customer, or by transfer, or by credit note in the form of a reduction code valid for 1 year on the seller's site or in cash at the express request of the customer. Only a return under these conditions may give rise to a refund or exchange by the seller.
The products of www.cafecoton.com do not benefit from any guarantee.
Returns are only accepted by the seller in the cases considered in paragraphs: 7.5 (Transport), 7.6 (Product missing on delivery or delivery not conforming to the order), 7 (Withdrawal), and when they are made within within 15 days of their delivery, respecting the procedure described in the paragraphs mentioned above.
Returns (including under warranty) are made at the buyer's risk. Please note that only items purchased on the internet store are eligible for a return, exchange or refund in this store. Similarly, items purchased in store in Paris cannot be returned or exchanged on the internet store.
Please note that exchanges are not authorized during sales and promotion periods, for reasons of product availability. Any returned order will be automatically refunded.
If for any reason, one of these General Conditions of Sale should be declared inapplicable, this inapplicability will not affect the application of the other provisions of the general conditions; that deemed inapplicable is then replaced by the closest possible provision.
The seller, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, 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 responsible in the event of a shortage of stock or late delivery from its suppliers.
Under no circumstances may CAFÉ COTON be held liable for any damage whatsoever, direct or indirect, caused to the user or to a third party, resulting in particular from a malfunction, a failure, a loss of profit, a loss of data, loss of profits, operating loss, loss of software, deterioration or loss of equipment by the user or a third party.
The seller does not take responsibility for the compensation of direct and indirect, material or immaterial damages which could result from the damages explained above in an exhaustive manner. The seller does not bear the costs of recovery, reproduction or repair of such losses or deteriorations.
The seller cannot be held responsible for any input errors by the customer when ordering and resulting in errors or delays in delivery.
10. Retention of title clause:
The goods remain the property of CAFÉ COTON until full payment of their price.
11. Force Majeure:
In the event of force majeure as defined by the case law of the French courts, making it impossible for either party to fulfill its obligations, the respective obligations of the parties will first of all be suspended for the duration of its existence, excluding however the obligations stipulated in article 14 “Intellectual Property”.
If this suspension were to last more than 30 days, the contract may be terminated automatically on the initiative of either party by sending a registered letter with acknowledgment of receipt. CAFÉ COTON and the co-contractor will then no longer be bound by their obligations with the exception of those resulting from article 14 "Intellectual property" without any compensation whatsoever being due on either side. 'other.
Each party cannot be held liable for any breach of its obligations resulting from a case of force majeure or fortuitous event within the meaning of article 1148 of the Civil Code and the case law of the Court of Cassation. The parties already recognize as cases of force majeure or fortuitous events, the cases of total or partial strikes external to the service provider, the ban on exporting, the modification of the regulations applicable to the provision of service, the blocking of means of transport, fire, lightning and flooding".
12. Intellectual Property:
All elements of the www.cafecoton.com website are and remain the exclusive intellectual property of CAFÉ COTON.
No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site www.cafecoton.com, software, visuals or sound.
Any simple or hypertext link is strictly prohibited without the express written consent of CAFÉ COTON.
CAFÉ COTON cannot be held responsible in the event that the content of the sites to which a reference is offered with hypertext links does not comply with the legal and regulatory provisions in force.
N.B: All photos used by CAFÉ COTON are subject to Copyright
13. Archiving – Proof:
The computerized registers, kept under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders, order confirmations and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
The seller's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
14. Settlement of disputes:
These General Conditions of Online Sale are subject to French law and more particularly to the regulation of distance selling (articles L. 121-16 to L. 121-20 of the consumer code), directive 97/ 7 EC of May 20, 1997 on consumer protection in distance selling, and the law of August 1, 2000.
For the solution of all disputes concerning the sales contract, the parties have the option of relying on them, by mutual agreement, for arbitration.
In the event of a dispute, the buyer will contact the company CAFÉ COTON by e-mail at the following e-mail address: firstname.lastname@example.org
15. For further information:
Any request must be sent by email to: email@example.com
or by phone at: 01.55.87.79.29
Direct after-sales service: firstname.lastname@example.org
Or by simple letter to:
11 Rue Christophe Colomb, 75008, PARIS