Effective date: March 2024
The www.carven.com website (hereinafter referred to as the "Site") is published and operated by CARVEN FRANCE, a société par actions simplifiée (simplified joint stock company) under French law, with share capital of €1,000,000,000, registered with the Paris Trade and Companies Registry under no. 844 191 981, having its registered office at 4 rond-point des Champs Elysées, 75008 Paris - Telephone number: 01 82 28 04 81.
The Publishing Director is: Fleur Isautier
The Site is hosted by : Shopify Inc. a company registered in Canada, whose head office is located at the following address: 151 O'Connor Street, Ground Floor, Ottawa, ON K2P 2L8, Canada.
The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTCS") is to define the terms and conditions of sale of the Products to the Customer. Throughout the Site, the terms "we", "us" and "CARVEN" refer to CARVEN FRANCE. Please read these GTC carefully before placing an order on the Site.
ARTICLE 1 SCOPE AND ACCEPTANCE OF THE GTCS
1.1 The purchase of CARVEN brand products offered on the Site (hereinafter the "Products") is subject to these GTC.
1.2 The Products are exclusively intended to be sold to end consumers for their personal use, to the exclusion of any reseller or intermediary acting on behalf of resellers (hereinafter "Customer", "you" or "your").
1.3 Products ordered on the Site are delivered worldwide.
1.4 We reserve the right to update, modify or replace all or part of the GTC by publishing updates and/or modifications on the Site. You may consult the applicable version of the GCS at any time by clicking on the hyperlink entitled "General Terms and Conditions of Sale". The GCS applicable to orders are those in force on the Site at the date the Customer places an order; it being understood that any order for a Product placed on the Site binds the Customer to the GCS in force at the time the order is placed.
ARTICLE 2 PRODUCT AVAILABILITY
2.1 The Products offered for sale are those shown on the Site on the day they are consulted by the Customer. Each Product will be the subject of a description which, in addition to the photograph, will indicate: price, available sizes and colors, composition and special characteristics.
2.2 Despite all the care taken in presenting the Products on the Site, variations may exist between the Product and its photograph, depending on the screen resolution and color definition of the user's computer screen. CARVEN cannot be held responsible for any non-substantial errors or inaccuracies in the photographs or graphic representations of the Products on the Site.
2.3 Errors or modifications may occur on an exceptional basis, particularly in the case of simultaneous orders for the same Product by several Customers. If the Product is unavailable after the order has been placed, we will inform you by e-mail or telephone as soon as possible. You will then have the choice between receiving the remainder of the order or cancelling it. CARVEN cannot be held responsible in the event of stock shortage or unavailability of the Products offered on the Site.
2.4 CARVEN reserves the right to modify the Products offered on the Site at any time and without prior notice.
2.5 In order to ensure a better quality of service and availability of our Products for all Customers of the Site, CARVEN reserves the right to limit the quantity of Products that may be purchased per Customer or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
ARTICLE 3 ORDERING
All orders placed on the Site imply the Customer's unreserved acceptance of the GCS.
3.1 User account
3.1.1 You will be required to register a user account on our Site in order to place orders on the Site. All the information required and the steps necessary to create an account are specified on the Site.
3.1.2 You agree to keep your user name and password confidential. You acknowledge that any access to and/or use of your user account, and any information, data or communication relating to or traceable from your user name and password, shall be deemed to be: (a) accessed and/or used by you; or (b) posted, transmitted and validly issued by you. You agree to be bound by such access and/or use of your user account (including access and/or use for the purchase and ordering of products) even if you have not authorized such use, and you agree that we may hold you responsible for such unauthorized access and/or use as if you had made it yourself.
3.1.3 If we have reason to believe that a breach of security or misuse of your user account is likely, we may require you to change your user name or password, or suspend your user account without notice.
3.1.4 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information so that we may process transactions and contact you if necessary.3.1.3 If we have reason to believe that a breach of security or misuse of your user account is likely, we may require you to change your user name or password, or suspend your user account without notice.
3.1.4 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information so that we may process transactions and contact you if necessary.
3.2 Ordering process
3.2.1 Product selection: you select the Products you have chosen and add them to the shopping cart after selecting the size and color you want.
3.2.2 Checking the contents of your selection: you can check the contents of your shopping basket and modify, delete or add Products.
3.2.3 Confirmation of delivery and billing details: you will be asked to confirm the delivery method and to indicate the delivery details necessary for the correct dispatch of your order. Unless otherwise instructed by the Customer, the billing address will automatically be the same as the delivery address.
3.2.4 Confirmation of payment method: you will be asked to select a payment method and enter the corresponding information. For more information about the payment method, please refer to Article 4 "Prices and Payment" below.
3.2.5 Order Confirmation: At the end of the ordering process described in Article 3.2, and after accepting CARVEN's Terms and Conditions and Privacy Policy, please click on the "order and pay" button to confirm your order. It is your responsibility to check carefully that all your selections are correct before confirming your order.
3.3 Order Acceptance
3.3.1 Once payment has been accepted, the Customer will receive an email summarizing the items ordered, the billing and delivery address and the delivery method.
3.3.2 If part of your order is unavailable due to a stock shortage, we will contact you to decide whether you wish to order the available Products from your order or cancel the entire order:
(a) If you decide to order the available Products of your order, an email confirming the dispatch of the available part of your order will be sent to you. In this case, the amount we are holding as payment for the unavailable part of your order will be returned to you and we will not be liable in any other way for the unavailable part of your order.
(b) If you decide to cancel the entire order, the amount held by us as payment for your order will be returned to you and we will not be liable in any other way in respect of such cancelled order.
3.4 Order Refusal
CARVEN reserves the right to refuse any order placed by a Customer with whom it has had a dispute concerning a previous order, or if CARVEN has reasonable grounds to suspect that such Customer has violated these GTC, or is engaged in fraudulent activity (including fraud or attempted fraud in connection with previous orders), or for any other legitimate reason (including, but not limited to, non-payment or partial payment of any amount owed by such Customer).
ARTICLE 4 PRICES AND PAYMENT
4.1 Product prices are quoted in Euros or US Dollars, where applicable, inclusive of all taxes for France and Europe, and exclusive of taxes for all other countries, excluding delivery charges. All orders must be paid for immediately at the time of ordering.
4.2 CARVEN reserves the right to modify the prices of the Products on the Site at any time and without notice. The prices applied are those displayed on the Site at the time the order is placed.
4.3 CARVEN carries out regular checks to ensure that the prices charged or displayed on the Site are correct. However, it may happen that information on the Site contains errors (e.g. computer bug, human error, technical error, etc.), inaccuracies or omissions that may concern prices, promotions, offers or product delivery costs. If CARVEN becomes aware of any such errors, inaccuracies or omissions in the order, the Customer will be informed as soon as possible. CARVEN reserves the right to cancel this erroneous order in the event of significant pricing errors even if the order was initially validated, unless the Customer agrees to pay the actual price of the Product.
4.4 The following methods of payment are accepted:
4.4.1 Payment by credit or debit card: we accept payment by the following credit and debit cards: Carte Bleu, Visa, Master Card, American Express.
4.4.2 Payment by app: Paypal, Apple Pay, Shop Pay
4.5 Payment on the Site is secured by third-party banking and credit institutions. No banking information concerning the Customer is transmitted via the Site.
4.6 At the time of payment, banks/credit institutions request the Customer's personal information in order to verify the identity of the card/account holder and validate the transaction. Authentication is specific to each bank/credit institution. If you have any questions about your payment, please contact the bank/credit institution directly.
4.7 Your order will only be dispatched once your payment method has been verified and full payment has been received.
ARTICLE 5 RETENTION OF TITLE
The Products ordered remain the property of CARVEN until full payment for the Products has been received by CARVEN. The Customer assumes the risks (in particular of loss, theft or deterioration) associated with the Products delivered as from their delivery to the address indicated at the time of the order.
ARTICLE 6 DELIVERY
6.1 Delivery address
Products are delivered to the delivery address indicated by the Customer during the order process.
6.2 Delivery time
Delivery times vary according to the delivery address.
6.3 Delivery charges
Delivery charges are calculated on the basis of the delivery address and delivery method (e.g. standard delivery, express delivery). The price of delivery will be payable in addition to the price of the Products purchased.
6.4 Delivery problems
6.4.1 Any failure to deliver, delay in delivery, unavailability or delay in the availability of your ordered Products, exceeding the estimated delivery time, must be reported to our Customer Service (customer.service@carven.com) as soon as possible. If the Products have not been delivered within 30 days of the order, and after formal notice to make delivery within a reasonable time, the Customer will have the right to cancel the order and be reimbursed for the purchase price of the Products. CARVEN shall not be held liable for any failure to deliver due to incorrect delivery information provided by the Customer at the time of ordering.
6.4.2 You must check the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. If you notice any anomalies (e.g. open package, damaged goods, etc.), you must indicate them on the delivery slip in the form of handwritten reservations.
6.4.3 If you have any reservations concerning the delivery, you must inform CARVEN Customer Service by email as soon as possible, and in any event no later than fourteen (14) calendar days following receipt of the Products. After this period, and with the exception of hidden defects and claims related to the legal product warranty, no claim will be accepted by CARVEN.
6.5 You may return the Products to CARVEN in accordance with the conditions set out in Article 7 - Right of Withdrawal.
ARTICLE 7 RIGHT OF WITHDRAWAL
7.1 Right of withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal from a distance contract, without having to justify his decision or pay any penalties, with the exception of the cost of returning the Products.
7.2 Exception to the Right of Withdrawal
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for :
7.2.1 Goods which have been manufactured to the Customer's specifications or which are clearly personalized, or which cannot be returned, or which are likely to deteriorate or expire rapidly;
7.2.2 For reasons of hygiene, textile products delivered with hygienic seals when these are removed, clothing that has been visibly worn and/or washed, jewelry such as piercings and earrings.
7.3 Withdrawal procedure
In order to exercise this right, the Customer must follow the procedure described below:
7.3.1 Withdrawal request: the Customer must make his withdrawal request from his customer area - "My Orders" section. No return of Products will be accepted without this prior declaration.
7.3.3 Product return: Products must be returned in their original packaging (including packing materials such as dust bags, accessories, etc.), undamaged, with their labels attached, and unworn. We reserve the right not to accept the return of a Product if these conditions are not met.
7.3.3 Shipping: using the prepaid return label, you must return your package to the address indicated in the email within a maximum of thirty (30) days by DHL . Any parcel returned after this period will be refused and returned to sender. We will not be responsible if a product you wish to return is lost, sent to the wrong address or delivered late, and you will be held fully responsible for any loss you may incur as a result of or in connection with the shipping method you used.
7.3.4 After evaluating the returned Products, we will inform you whether we have accepted the request to return the Products:
(a) if we accept the return of the Products, the conditions set out in Article 7.4 apply;
(b) if we do not accept the return of the Products, you have the choice between: i) destroying the Products, with no refund, or ii) receiving the Products at your expense.
7.4 Refunds
We will process refund requests within fourteen (14) days of receipt of returned Products. Refunds will be issued via the same method of payment and in the same currency as those used for the order, and may also be made in-store. Please note that the time it takes for your bank to issue a refund to your payment card varies according to processing times. We have no control over this process and cannot be held responsible for any delays.
If you are found to have paid, directly to the relevant authorities, any tax or duty whatsoever on the importation of the Product you wish to return, CARVEN shall incur no liability in connection with or in connection with any claim for reimbursement of such taxes and duties by such authorities, or with the possibility or impossibility of obtaining such reimbursement.
CARVEN will reimburse the Customer for the amount of the returned item(s) (price of the item(s)) including VAT, but excluding delivery charges. In the event that delivery charges were included in the amount of the order, these will not be reimbursed.
ARTICLE 8 LEGAL WARRANTIES
All products sold on the Site are subject to the legal guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).
8.1 Warranty of Conformity
CARVEN will deliver to the Customer products that conform to the sales contract and are free of defects at the time of delivery of said Products, insofar as the Product conforms to the description, is fit for purpose and is of satisfactory quality.
8.2 Hidden Defects Warranty
CARVEN shall deliver to the Customer products free from latent defects which would render them unfit for the use for which they are intended, or which would substantially diminish their use.
8.3 If the Product does not conform to the requirements set forth in Articles 8.1 and 8.2 hereof, the Customer may, for a period of two (2) years from delivery of the Product (for the Conformity Warranty) or from discovery of the defect (for the Hidden Defects Warranty), request that the Product be repaired or replaced at our expense.
ARTICLE 9 PRIVACY POLICY
CARVEN attaches great importance to the protection of its customers' personal data and has set up a Privacy Policy which can be consulted by clicking on the Privacy Policy
The Privacy Policy contains important information about the collection, use and protection of data and the use of cookies. The submission of your personal data through the Site is governed by our Privacy Policy. We recommend that you read it carefully.
ARTICLE 10 LIMITATION OF LIABILITY
We shall not be held liable for :
10. 1 Any indirect, consequential, special and punitive damages, or any damages resulting from loss or interruption of business, loss of data or loss of profits, arising out of or in connection with these T&C, whether the liability is based on contract, breach of warranty (express, limited or otherwise, or whether asserted in contract, tort (including negligence and product liability) or otherwise, and regardless of whether we have been advised of the possibility of such damages ; or
10. 2 Any loss suffered or incurred, directly or indirectly, resulting from or in connection with your use of any Product, including any damage resulting from normal wear and tear, intentional damage, misuse, negligence, accident, abnormal storage and/or operating conditions, alteration or modification of any Product, or any failure to follow our instructions (or those of a third party) on the use of such Product (whether written or otherwise), unless such liability arises from a breach by us of our obligations under these T&Cs or prescribed by applicable law.
ARTICLE 11 FORCE MAJEURE
We shall not be liable to you, and shall not be deemed to have breached these GTS, by reason of any delay or failure in the performance of any of our obligations under these GTS, if such delay or failure is due to an Event of Force Majeure as defined by French law. We will inform you of any delay or failure resulting from a Force Majeure.
ARTICLE 12 APPLICABLE LAW - JURISDICTION
12.1 These GCS shall be governed by and construed in accordance with French law.
12.2 In the event of a dispute relating to the application or interpretation of these GTC, the Customer is invited to contact CARVEN Customer Service for an amicable solution.
12.3 The Customer may also have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance n°2015-1033 of August 20, 2015 and its implementing Decree n°2015-1382 of October 30, 2015, and subject to Article L.612-2 of the French Consumer Code, any consumer dispute may be submitted to mediation by the CMAP (Centre de Médiation et d'Arbitrage de Paris).
To submit a dispute to the mediator, the Customer must complete the form on the CMAP website: www.cmap.fr under the "You are: a consumer" tab, send his request by ordinary or registered post to CMAP Médiation Consommateur, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an e-mail to consommation@cmap.fr. Regardless of the method of referral to CMAP, and in order to be processed quickly, the Customer's request must contain the following elements: his postal, electronic and telephone contact details as well as the full name and address of CARVEN, a brief description of the facts and evidence confirming that he has first attempted to resolve the dispute with CARVEN.
12.4 The Customer remains free to accept or refuse this recourse to mediation and, in the event of recourse to mediation, each party remains free to accept or refuse the solution proposed by the mediator.
12.5 If no amicable solution can be found and no recourse is made to mediation, each party may submit to the exclusive jurisdiction of the French courts for this dispute.
12.6 In addition, the European Commission provides a platform for out-of-court dispute resolution (OS platform). The customer may contact the European Consumer Centre or visit https://ec.europa.eu/consumers/odr.
©2024 CARVEN FRANCE. All rights reserved.