To better meet the expectations of its customers (hereinafter referred to as the "Customer"), the Company Chamly.com (hereinafter called the "Company") has established, in its distribution network, a sales system distance Catalog Internet Chamly (hereinafter the "Service").
These Conditions of Sale are those of the company CHAMLY, simplified joint stock company with a capital of 42 000 euros, whose registered office is located 42 avenue Montaigne 75008 PARIS, registered with the Trade Registry and Companies of Paris under number 811 004 340. Its Siret number is 811 004 340 00022 and its VAT number FR56 811 004 340.
E-mail address: firstname.lastname@example.org
Téléphone : 01-53-67-52-99
These general conditions of sale apply to all sales of products bearing the trade marks of the Company concluded remotely via the website of the Company identified by the domain name "www.chamly.com" (hereinafter referred to as the "Site"):
-by taking orders only by individuals Customers acting as consumers (as defined in the law and jurisprudence) and habitually resident in France and Monaco (control the geographical area of purchase by the connecting IP address). The Customer, who must be an adult and legally capable of contracting, have read the terms and conditions before using the Service and / or control and having read, understood and accepted without restriction or reservation;
-in for delivery from the same Customers individuals for their own account or to any third party of their choice also having their usual residence in the same territories and quality of consumers (as defined in the law and jurisprudence).
The Chamly products are exclusively intended to be sold to final consumers natural or legal persons, to the exclusion of all resellers or intermediaries acting for the dealers. Therefore, the customer says he acts as final consumer and does not intend to resell the products Chamly commercial purposes.
Any sale of products bearing the trademarks of the Company through the Site (hereinafter the "Order") is subject to these terms and conditions, which the Customer accepts by clicking the box "I read and accept the Terms and Conditions. "These may be subject to changes and updates, the conditions applicable to the control of an article by a Customer are those in effect on the date of the Order. These changes will not affect current contracts and paid orders.
Pursuant to Article 1369-4 of the Civil Code, these general conditions of sale may be retained by any person visiting the Site, by means of a data recording and can also be reproduced by the Customer, by the using their printing; these terms and conditions will apply as long as they appear on the Site. In the event that, subsequent to the date of their removal from the Site, these Terms and Conditions remain accessible to the public through other websites or by other means, they would not, however, more binding upon the Company.
All orders placed on the web site are subject to availability and consent of Chamly. Chamly reserves the right to modify the assortment of products offered on the Website and may, in particular, limit the amount of Chamly Products likely to be ordered by a customer in a single purchase transaction. Commands may include more than four (4) units of the same product number as part of a single purchase transaction on the Website. Web Site Products pages provide you with information about products currently offered for sale. Please note that only products with an "Add to Cart" can be sold on the Website. Chamly reserves the right to occasionally modify the selection of products offered on its product pages.
To place an order on the website, you will need to register and create your account online unless you select the "Quick Order". To register, you must provide personal information valid and current (your name, phone number and email address).
When you complete the registration of your account on the Website you will receive an email containing the personal information provided and a link to the "My Account" webpage. This link will help you set or change your user name, your password and your personal information. It is your responsibility to ensure the continued secrecy and security of your password and access your account. Chamly will not be held responsible for any unauthorized use of your account row to the third party access and use of your password and login to your account. We may edit the information necessary for the award of a new order or registration of accounts. These changes will be published on the Website. Please refer to Article 12 of these Conditions of Sale where you will find complete information on the use we can make of your personal information.
In case of modification of the information provided by you on the Website, please login to your account and update them directly on the Website. Furthermore, in the event Chamly has reason to suspect that a third party has violated the registration of a client, password and / or login behalf Chamly would terminate and cancel this account and you immediately notify the cancellation by email or telephone.
In the event that the Customer provides false, inaccurate, outdated, incomplete, misleading or likely to mislead, the Company may, immediately and without notice or compensation whatsoever, suspend or terminate the personal account Customer and refuse access, temporarily or permanently, all or part of the Services. Customer is solely responsible for the use made of their personal data. Unauthorized access, use of the Services and transmission of data performed from a personal account will be deemed to have been made by the Customer.
Any order will be confirmed after acceptance of payment.
The Customer retains bear the telecommunication costs when accessing the Internet and using the Site.
In case of prolonged inactivity during the connection to the Site, it is possible that the selection of articles chosen before this inactivity is no longer guaranteed. The Customer will be asked to resume its selection of products and articles from the beginning. The permanent or temporary unavailability does not in any way engage the responsibility of Chamly, nor that can’t it open any right to compensation or damages for the Customer.
Pursuant to Article 1369-4 of the Civil Code, all steps necessary for the sale will be specified on the Website and the Company will remain committed by the offer of sale as it will be accessible electronically its done.
If you order on the website, orders will be processed as follows: once you have chosen a product, click on the "Add to Cart" to place this product in your "Shopping Cart" You can. decide to continue your purchases and add them to your cart (subject to the limits of availability and quantity) or go to the payment by clicking on the button "Proceed to Checkout". You can also delete one or more of the Basket of Selected Products in clicking "Delete" next to the product chosen. If you place an order on the website, you have to give, if applicable, other personal information (shipping address, billing address and payment details.) You warrant that all personal information provided is true to Chamly and accurate. Chamly or its third party providers may collect additional personal information at this time for reasons of security and the fight against fraud.
In accordance with Article 121-19-3 of the Consumer Code, prior to the confirmation of the order, summary information regarding the essential characteristics of the sale which is the subject of the order will be made as provided with Article 121-17 of the same Code. From the time the Customer has validated his order, the Company will acknowledge it without delay and electronically.
However, the sale will be considered final after emailing the Customer confirmation of the Order by the Company at the address given when registering on the Site.
In case one, or, product (s) command (s) will be (are) not available (s) for any reason whatsoever, the Customer will be notified by sending an email. Goods of its control being available will be shipped to Customer, unless cancellation requests all of the Order by the Customer by email within twenty-four hour period (24) after sending the email.
The Company will be entitled to refuse, or to request additional information to the Customer for any Command that seem abnormal as to its quantity or quality, or that would be placed in bad faith. Similarly, the Company is entitled to refuse any order that would be spent outside mainland France or Monaco.
In addition, the Company shall be entitled to refuse any order from a Customer with whom there is a dispute over payment, in case of fraud or attempted fraud concerning the use of the Site, including in connection Controls past and may, immediately and without notice or compensation whatsoever, suspend or terminate the Customer's personal account and refuse access, temporarily or permanently, all or part of the Services.
The prices displayed on the Site are in Euros and include all taxes (VAT), excluding any delivery charges.
Prices charged are those in effect on the date of the Order, as indicated on the site at the time of the Order.
The costs of transport and delivery relating to the delivery of items will automatically appear on the site during the validation of shipping terms chosen by the Customer and will be communicated again to the Customer upon confirmation of his order by electronic mail.
Pursuant to Article L.121-19 of the Consumer Code, the Customer may consult, at the latest upon delivery, for each article, written confirmation of the price paid and delivery costs put at its load.
The bill generated at the time of shipment of the Order, will be available in the personal account of the Client on the Site.
Full payment must be made when ordering. At no time payments can not be considered as a deposit or installments.
Chamly accepts the following payment methods,
Paypal accepts payment by credit card, bank account or PayPal balance. The transactions on the website of the Company are secured by the payment system PayPal (www.paypal.com).
All information exchanged to process the payment is encrypted using SSL. These data can not be detected, intercepted or used by third parties. They are not kept on our computer systems.
PayPal is a technical service provider, and does not support disputes related to controls. These should be settled directly with the Company and / or your bank.
You can pay via bank transfer all orders above 2000 Euros spent on the website as long as your place of dispatch and residence are in France or Monaco. Do not forget to mention the reference number of the order on the bank transfer form.
After you have selected and ordered the bank transfer as payment method, Chamly wait to receive your payment before processing your order. If funds are not credited to our bank account within seven (7) business days of placing your order, the order will be canceled.
Chamly will not charge any commission on a bank transfer payment. However, please ensure that we receive the full amount stated in the order acknowledgment so that we can process your order. Please note that some financial institutions may charge a fee for using bank transfer.
The goods may only butt in mailing address located in France or Monaco.
Any delivery of an Order for a total amount greater than or equal to (€ 250) two hundred and fifty euros will be provided to the Customer. The Customer acknowledges that the delivery of his order could never be done in hotels, post office boxes, or to any other temporary address. In this regard, the Customer undertakes to communicate during the validation of his order, the exact address (building, staircase, floor ...) habitual residence and is solely responsible for the accuracy of this information.
In case the order could not be delivered due to incomplete or incorrect address or if the Customer has not gone withdraw his point of order in withdrawal within the time specified in the notice of the passage of the carrier, the control will be returned to the Company which may either proceed to a full refund of the said Order, or to reserve the right to charge the Customer, in each case, the price of the delivery and / or return, or ask the customer s' he wants a new shipment of the order at his own expense.
The delivery of the Order will take place after payment of the amount of the order has been registered at the delivery address specified by the Customer. In accordance with Article L.121-20-3 of the Consumer Code, the delivery of items ordered will be made no later than 60 days following the date of the Order, except for the collection "Prestige" where Delivery of the items ordered will be made no later than 90 days following the date of Order.
In case of temporary unavailability of the ordered item, Chamly offers the possibility to its customers to make a pre-order date of said article with indicative delivery before acceptance of the Order by the Customer. It is stated that in the context of a pre-order item may arrive earlier or later than expected. In case of non-compliance with this deadline, the customer can get the resolution of the sale as provided in the second and third paragraphs of Article L. 114-1 of the Consumer Code. It is then refunded within the terms of Article L. 121-20-1 of the same code.
It is specified that any redirection of an Order on the grounds that the Customer has been absent from the place of delivery the date and time agreed, or would have wanted in the delivery point will result in a chargeback to the Customer fees again delivery incurred by the Company, even if delivery before initially offered.
Delivery will be made exclusively in France and Monaco (see Article L.121-19-3 of the Consumer Code regarding restrictions of delivery). In case of loss and deterioration of the property sold, the provisions of Article L.121-19-4 of the Consumer Code, and those of Article L.138-2 of the Code, concerning the delay in delivery, will apply.
Regarding Article L.121-19-4 of the Code, it states that "the professional is automatically liable to the consumer for the proper performance of obligations under the contract concluded at a distance, that these obligations are carried out by the professional who concluded the contract or by other service providers, without prejudice to its right of recourse against them. "
Furthermore, Article L.138-2 of the Consumer Code refers to the possibility of resolving the contract by registered letter with acknowledgment of receipt, or by writing on another durable medium if having urged the professional within the time described by this article, it has not made the delivery.
If upon receipt of the order, the customer finds a breakdown on the parcel (damaged cardboard, wet, open ...), the Customer shall have the right to refuse the order within 7 days and will immediately notify the Company that will tell him the modalities of exchange or refund.
The information (name, definition, photography and reproduction of articles, detailed description: properties, characteristics and composition ...) for all the coated articles of the Company's brands offered for distance selling are available, according to official regulations and regulations applicable in the entire distribution network Chamly and / or the Site. Some products, although on the Site and part of the Company's catalog can only be purchased in the Chamly distribution network, and can not be purchased on the Site by the Customer. In case of non-compliance of the delivered item relative to its description, the Company undertakes to correct this error, the conditions and limits of Articles 9 and 10 below.
More generally, the Company may not be held liable:
-Of interruptions or delays recorded on the Site due to the performance of maintenance, technical failures, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control ;
-from the impossibility of the Customer or the Company to temporarily access the Site, due to circumstances beyond its control, such as the case of computer failure, interruptions on the Internet or failure of receiving equipment of the Customer the Internet;
-Of difficulties in accessing the site due to a faulty connection or characteristics and limitations of the Internet;
-In virus contamination data and / or the Client software, whose protection is the responsibility of the latter;
-Of damage that could suffer the Customer equipment;
Furthermore, the Company does not guarantee that the Services will be free of defects or errors or that they will be corrected or that the Services will be uninterrupted or failures, nor even that they are compatible with equipment or a particular configuration.
The Parties shall waive all claims between them for indirect damage of any nature whatsoever, including operating losses, loss of profits, overhead increases, loss of profits or anticipated savings, etc.
Nevertheless, and regardless of the nature or basis of the Customer's share in respect of the Company, the amount claimed for damages may not exceed one hundred percent (100%) of the sum Total actually paid by the Customer in the Order that led to the questioning of the responsibility to the Company, and will be paid in the Company's products to their market value.
In accordance with L.121-17 and following of the Consumer Code, the Customer has a right of withdrawal he can exercise without having to give reasons within fourteen (14) days from the receipt of the items. In this context, it has the right to return the goods delivered within this period, in perfect condition, complete (jewel, accessories, manuals, warranty ...) in their original packaging without having used them. Items must be returned to the address provided by the Compagny, together with the attached withdrawal slip :
It will be up to the Customer to keep all proof of this return and ensure follow-up. The Company advises that the items be returned by registered mail, or by any other means giving a certain date, the cost and risk of return remaining in any event to the Customer.
Regarding the cost of return in case of withdrawal, the Customer will be notified of the amount are the costs before the conclusion of said contract (Articles L.121-21-3 and L.121-17 of the Consumer Code).
Upon receipt of the items returned by the Customer, the Company will have the necessary tests on the said items. Any article not meeting these criteria will be returned to the Customer and will not be refunded.
In case of return consistent articles, the refund of the price charged for returned items will be made by crediting the bank account of the Customer, no later than fourteen (14) days from the date that the Company has taken knowledge of the will of the Customer to retract. Items returned incomplete, damaged, deteriorated or soiled by the Customer will not be reimbursed in full.
The Customer must ensure that the items that were delivered correspond to his order. In the event that the items delivered do not conform to its order, the Customer must notify promptly the Company justifying the non-compliance of the item to the order, and after approval of the Company, return the items in question in perfect condition, complete (jewel, accessories, manuals, warranty ...) and accompanied by the delivery note to the address provided by the Compagny.
It will be up to the Customer to keep all proof of this return. The Company advises that the items be returned by registered mail, or by any other means giving a certain date, expenses and risk of return being in any event to the customer. If the non-compliance of Article proven by the Customer is proven, the return costs are the responsibility of the Company. Failing can exchange the item returned, repayment of the invoiced price of nonconforming items returned will be made by crediting the bank account of the Customer, no later than fourteen (14) days from the date that the Company is aware of the will of the Customer to retract.
Reimbursement of costs of return and delivery of non-conforming products will be made by crediting the bank account of the Customer after sending by the Customer of supporting such expenses.
The company guarantees all its products for a period of two (2) years from the date of purchase by the Customer, provided that the Customer respects recommendations of use and maintenance of the Company and make normal use and in compliance with the specifics of the article.
Specific warranty conditions are available on the website in the "Warranty Conditions". Pursuant to Article L. 211-15 of the Consumer Code and notwithstanding the specific conditions of guarantee, when delivered to the customer with the item delivered, the articles of the Company are subject to legal safeguards below:
Article L. 211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. ".
Article L. 211-5 of the Consumer Code: "To comply with the contract, the product must:
1º Be suitable for the purpose usually associated with such a product and, where applicable:
-correspond to the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model; -Present the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2º Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and which the latter agreed to. "
Article L. 211-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code: "The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer they would not have acquired, or would have paid a lower price if he had known. "
Article 1648 of the Civil Code first paragraph: "The action resulting from latent defects must be brought by the purchaser within a short time, depending on the nature of latent defects'.
The Customer may call the customer service of the Company at any time or for any item under the guarantee referred to above, either after or in the absence of application of the guarantee.
All interventions (parts and labor) conducted as part of after-sales service are guaranteed for a period of twelve (12) months from the date of release of the repair shop.
The specific conditions of after-sales service are available on the website under "Service".
Under the law governing the processing of personal data (Law n ° 78-17 of January 6, 1978 relating to data, files and individual liberties as amended by Act No. 2004-801 of August 6, 2004 , Decree No. 2005-1309 of 20 October 2005 taken for the application of the law of January 6, 1978, and established standards and published by the competent French National Authority for Data Protection), the Customer has a right to access, modify, rectify and delete personal data concerning processed through the Site, and the right to object to the disclosure of such data to third parties for valid reasons.
The Company will use this data for treatment of Services and Customer Orders, for the execution of these including delivery of products to customize and enhance its communication especially with the letters / e-mail information, and finally to customize the site based on preferences noted Guest. They will be retained for a period compatible with the purpose of processing and / or to support the perfect execution of its legal obligations and agreements by the Company.
Certain information provided by the Customer is essential for processing and delivery orders, preparing invoices and warranty contracts, failure entails the impossibility of treatment and therefore the cancellation of the Order. The compulsory or optional nature of the communication of the data requested is mentioned on the form for each collection field. In case the communication of data is mandatory, the absence of their communication discharge the Company from any liability relating to the provision of the Service. By registering with the Site, the Customer agrees to provide the Company with sincere and true information about him. Communicating false information is contrary to these terms and conditions.
Furthermore, if the agreed upon registration on the Site, the Customer will receive e-mail and / or text messages on his mobile phone (SMS) for promotional purposes (new, exclusive, prestigious events ... ) and / or information (newsletter ...).
The Customer may exercise its rights by making a written request with proof of his identity:
- By email at: email@example.com;
- By registered mail to the following address: SAS Chamly, 42 avenue Montaigne 75008 PARIS-France
- By clicking on the link provided for this purpose and inserted in the footer of each email address that Chamly him;
- Directly into his personal account on the Site.
In accordance with the "Data Protection" law, the processing of information was the subject of a declaration to the Commission Nationale Informatique et Libertés (CNIL) under the number 1858738 v 0 The Company is authorized to collect, process and use information about the Customer. These data are subject to computer processing.
The Company is the sole owner of the information concerning the Customer.
The Company may also provide its partners with consolidated statistics on Customers, however, these statistics contain no personal data. Finally, the Company does not provide the Customer's personal data to third parties, except in cases where communication of such data is required by the regulations in force, including at the request of the judicial or administrative authorities the power to require that transmission.
The www.chamly.com Site may contain hypertext links to other sites on the Internet. Links to these other resources that you leave the site www.chamly.com
You can link to the presentation page of this site without express authorization of the Company, in its capacity as publisher of the Website. No authorization or request prior information may be required by the Company in respect of a site that wants to establish a link to the Site. It should display this website in a new browser window. However, the Company reserves the right to request removal of a link that it considers inconsistent with the purpose of the site www.chamly.com, or would be contrary to morality and / or the laws and regulations.
When the Customer connects to the site www.chamly.com, one, or, cookie (s) little (Fri) will be installed (s) automatically and stored (s) temporarily in memory or on the hard disk so to facilitate navigation.
A cookie file does not allow the Company to clearly identify the user of the website but records information about his navigation on the website (from geographical, pages viewed, products placed in the basket, backup logins, etc. ...) that the site will be able to identify on subsequent visits. A cookie contains information that the Customer has provided to the Company and may also provide information for statistical purposes (number of visits, use of external content ...).
The Company undertakes not to use the information obtained through the establishment of cookies for the duration necessary for the purposes indicated in the preceding paragraphs. The user may refuse the registration of cookies by modifying the settings in their browser. This however will delete all the cookies used by the browser, including those employed by other websites, which can lead to the alteration or loss of certain information or settings.
The Customer will also be able to share information concerning articles and Chamly brand on social networks (Twitter, Facebook, Instagram, Google + ...), which will take the form of a picture of the item selected by the Customer, to which he can add a comment, an opinion or evaluation. The social network that provides such functionality is likely to identify the user through specific buttons set up on the site www.chamly.com , and, although he did not use this button when browsing the site. Indeed, these buttons may allow the social network concerned follow www.chamly.com browsing the site, the mere fact that the account of the user of the social network concerned was enabled on their device for browsing the website www.chamly.com.
The Company does not control the processes employed by social networks, the user is invited to consult the various policies of protection of the privacy of these social networks to be aware of the purpose of use, including advertising, navigation information they can gather through these buttons. The user will then be able to set its user accounts to social networks based on the data he wants to share or disagree with each of them.
The advertising content (banners, videos, etc ...) distributed in the advertising spaces the Site may contain cookies sent by third parties or a third party company to the Company (communication agency, targeted advertising provider, etc ...) or the poster with relevant advertising content, which involved a cookie advertising content of an advertiser.
The ordered products remain the property of Chamly until full payment of the price of the Order by Chamly. However, the Customer shall assume the risks (including loss, theft or damage) relating to the delivered products and the effective date of delivery.
The general structure of the site www.chamly.com, as well as text, graphics, images, sound and the video component, is the property of the Company or its partners. Any representation and / or reproduction and / or partial or total use of content and services offered by the Site by any process whatsoever, without the prior written consent of the Company and / or its partners is strictly prohibited and would be likely to constitute an infringement under Articles L. 335-2 of the Code of intellectual property.
The Chamly trademarks are trademarks of the Company. Any representation and / or reproduction and / or partial or total use of these marks of any kind, is totally prohibited.
Articles containing the marks, figurative or otherwise, of the Company and, more generally, all other marks, illustrations, images, designs and logos appearing on the articles of the Company sold at a distance, their accessories or their packaging, that they are registered or not, are and remain the exclusive property of the Company or any other company with which the Company has acquired the rights. Total or partial reproduction, downloading, modification or use of these marks, illustrations, images and logos and designs for any reason and on any medium whatsoever, without the prior express written consent of the Company, is strictly prohibited. It is the same in any combination or conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
The execution by the Company of all or part of its obligations will be suspended in case of occurrence of a fortuitous event or major force that would impede or delay the execution and would be attributable to the occurrence of an event with the characteristics force majeure as defined by French law or jurisprudence.
Are regarded as such under these terms and conditions, including, but not limited to, war, riots, insurrection, social unrest, telephone outages, computer or serious assignment of the security and consistency of the Internet, strikes of all kinds. The Company will inform the Customer of such a fortuitous event or force majeure within seven days of its occurrence. If the suspension of the obligations of the Company continues beyond a period of fifteen days, the customer will then have the option to cancel the current order, and it will be conducted by the repayment Company promptly by crediting the bank account of the Customer.
The fact that the Company refrains to require at any given time the performance of any provision of these terms and conditions shall be construed as a waiver to later invoke said total or partial non-performance.
If any provision of these terms and conditions is declared void in whole or part, the other provisions and other rights and obligations arising from these terms and conditions remain unchanged and continue to apply.
These general conditions of sale are subject to French law.
In case of difficulty arising in connection with the Order or delivery articles of the Company, the Customer has the option, before any legal action to seek an amicable solution.
It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. To the extent permitted by French law, in case of dispute, jurisdiction is assigned to the French courts competent, notwithstanding multiple defendants or guarantee, even for emergency procedures or procedures academies in summary or by request.