GENERAL TERMS OF SALES

Preamble

 

The site www.lecaracoli.com (hereiafter referred as the “Site”) is an online sales site that can be accessed by all users on the Internet.

It is published and managed by PACOM S.A.S – whose headquarters is located at Clos de Vessannes, 739, Avenue de la Gaude, 06140 VENCE – FRANCE,

The company is registered in the GRASSE Business and Companies Register under number 819 670 688.

This site makes it possible for PACOM to offer the Internet “User” the possibility to purchase all the Le Caracoli brand products and accessories. To simplify the application of these conditions, it is agreed that the User and PACOM will be referred to as “the Parties” and “the Party” individually, and that the User who has placed an order will then be referred to as the “Buyer”.

The User’s rights and obligations also apply to the Buyer. An order placed by the User will not be deemed valid until the latter has read and accepted these terms and conditions without reserve, however acceptance is conditioned upon the User’s signature.

It is understood that the Products are exclusively intended for a personal use of the User, without any direct relation to his professional activity.

The professional surfer is informed that he is not authorized to place an order on the site and is invited to contact the PACOM SAS sales team if necessary.

In accordance with the provisions of Article 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, adopted for the application of Article 1316-4 of the Civil Code regarding electronic signatures, an order may be validated as mentioned in Article 3.3 below, by an electronic signature, which has the same value between the Parties, as a handwritten signature. These conditions apply to the exclusion of all other documentation.

The User wishing to purchase online via the Website hereby formally declares that he/she has full legal capacity. 

Article 1. Purpose

 

These Standard Terms & Conditions of Business determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website, and apply worldwide, insofar as concerns solely the relationship created via the Internet and exclusively on the said Website. These Terms & Conditions shall apply to the exclusion of any other document.

Article 2 – Scope of the general conditions of sale

These general conditions of sale apply to all orders placed on the site www.lecaracoli.com.

At the time of ordering, the Customer expressly acknowledges having read these conditions and accepts them without reservation.

PACOM reserves the right to adapt or modify these terms and conditions at any time. They then apply to orders placed after their placing on line. In any case, the version of the general terms and conditions of sale applicable to the customer is the one accepted by the customer at the time of the validation of his order

The general terms and conditions are permanently available in the online sales area under the heading General conditions of sale. The customer can access the general conditions archived by making the request by email to the address: contact@lecaracoli.com.

Any resale of products purchased on the site is strictly prohibited, and the sale is limited to a maximum of 6 identical items per day, per order, and / or per person. Any request for delivery exceeding this number will be refused and the supplier will be informed. Sales of products are reserved for natural persons for their personal use and consumption. PACOM reserves the right to refuse any order whose importance and / or reiteration may suggest that it is not retail.

Article 3 – Products

The Products offered for sale by PACOM are those shown on the Website on the day and date on which the User logs onto the Website and while stocks last. The photographs and other graphic illustrations of the products presented on the site are of merely indicative value, the customer being fully informed that the images, photos and colors of the articles put on sale may in particular not correspond to the actual colors under the effect of the browser Internet and the screen used.

No photograph illustrating any Product shall be deemed to constitute part of any contract. Should any photograph contain errors, therefore, PACOM shall not be held liable on grounds thereof.

 

Article 4 – Prices

 

The prices on the site are in Euros only and include taxes – at the VAT rate applicable on the date of purchase – and may vary during the year. The prices billed are those in force on the day the order is placed. In case the VAT rate changes, PACOM will automatically apply the new rate to the order. The product prices do not include shipping costs, but they will be shown in the shopping bag when the order is placed. PACOM may change the sale prices of the products at any time. The Buyer will be notified regarding changes before any order.

Article 5 – Orders

 

Any order implies the full acceptance of these terms and conditions by means of a check box.

The customer wishing to order on the site undertakes to communicate in advance the information requested from the forms available online. The customer also attests to the veracity and accuracy of the information thus transmitted.

The contracting procedure includes the following steps:

– Step 1: choice of products and filling of the basket,

– Step 2: access to the order detail in the shopping cart. During this step, the customer has the possibility to check the detail of the order and its total price, modify it, correct any errors or cancel the order,

– Step 3: Identification of the client if it is not already connected (either by connecting its pre-existing client space, or by creating one),

– Step 4: choice of the billing and delivery address, the method of delivery and summary of the order and accept the general conditions of sale before the validation of the order. During this step also the customer has the possibility to check the detail of the order and its total price and to modify it or cancel the order.

Alongside these steps, the client can permanently access his profile, in order to modify the addresses entered or to add a new address for example.

All orders will be considered only after acceptance of payment.

When the order is confirmed by clicking the “Validate my shopping bag” button, the Buyer states that she has accepted the terms and conditions.

When the order is placed, a detailed receipt containing all the items selected will be sent to the Buyer at the email address she has given. This receipt will specify the exact amount billed as well as the method of delivery. This receipt verifies that the order has been accepted and validates the transaction.

The Buyer agrees that the PACOM order registration systems are proof of the nature of the agreement and its date. However, in case of a dispute with the Buyer, PACOM reserves the right to cancel any order and the Buyer’s payment.

PACOM also reserves the right to cancel all orders that seem irregular.

 

Article 6 – Final validation of the order – Payment

To settle his order, the customer has, according to his choice, payment methods referred to in the order process and presented on the company’s website.

In the case of a payment by CB, it must transmit its credit card number, according to the type of credit card, its expiry date and the cryptogram number (3-digit number on the back of the Credit card/. Bank card).

In case of use by the Consumer of a bank card attached to an account outside the euro zone, the Consumer will be able to be applied by his bank the expenses of exchange and banking commission which will remain in his charge.

The banking information is known only from the server of the banking partner of PACOM. No payment data concerning the Customer is stored on the site www.lecaracoli.com , avoiding any possibility of fraud by piracy of the site Le Caracoli.

Article 7 – Order confirmation

 

Once the Purchaser has validated its payment, PACOM will acknowledge receipt of the Customer’s order by sending, without delay, an email

This summary of the order will be sent to the email address indicated by him at the time of his registration and which will summarize: the terms of payment, delivery, any delivery charges, characteristics of the Products purchased, the terms and conditions for exercising the right of withdrawal; – the complaints department, the information concerning the after-sales service and the commercial guarantees

 

Article 8 – Delivery

 

The delivery will be carried out, in France and from France, by La Poste (Colissimo Expert, Colissimo Outre-Mer, Colissimo International).

The different fees and delivery methods are presented on the website. These fees vary according to the chosen delivery option, the destination and the weight of the order. The customer is informed that the delivery rates are subject to change at any time. In any case, the rates proposed at the time of the order will be applied.

The delivery times are specified to the customer when placing his order, according to the delivery method and the delivery address chosen. Any risk of loss or damage of the products is transferred to the customer at the moment when the latter or a third party designated by him, and other than the carrier proposed by PACOM takes physical possession of these products.

Article 9. Conformity of Products and Claims

The ordered items are sent to the delivery address indicated on the order form. The information indicated by the Customer when placing an order commits the customer: in the event of an error in the description of the address, PACOM cannot be held responsible for the impossibility in which it might be to deliver.

Upon receipt of the Products, it is the Customer’s responsibility to verify the conformity of the Products. Any anomaly concerning the delivery (Product missing or broken, parcel damaged, …) must be indicated on the receipt that the carrier will present to him at the moment of the delivery of the parcel.

Article 10 – Retraction and return

10.1 – Time Limit

 

The right of withdrawal is provided for in Articles L.221-18 et seq. Of the Consumer Code.

The customer has a legal period of withdrawal of fourteen (14) clear days to declare that he wishes to return the products that do not suit him, without having to justify his decision.

This withdrawal period begins on the date on which the customer (or a third party whom he has designated and who is not the carrier) (or the third party in question) physically took possession of the product (s).

For orders for several products delivered separately or for orders for a product composed of lots or multiple parts, the delivery of which is staggered over a defined period, the period runs from the receipt of the last product or lot or Last piece.

If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

The right of withdrawal is exercised without penalty

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal does not apply to the following orders:

  • – supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection.
  • – supply of products which, after being delivered and by their nature, are inseparably mixed with other articles.

10.2 – Returns policy

 

To exercise its right of withdrawal, the customer must notify PACOM of its decision to retract by means of a declaration without any ambiguity expressing his will to retract by mail or email addressed to the following coordinates:

 

  •  by post at the address: PACOM SAS 25, Avenue de la gare – 06800 Cagnes sur mer – FRANCE
  • by e-mail to: contact@lecaracoli.com

In order for the withdrawal period to be respected, it is sufficient for the customer to transmit his request before the expiry of the aforementioned withdrawal period.

 

10.3 – Products return and reimbursement

 

The Buyer may return products according to the following conditions:

The products must be returned to PACOM in perfect condition to be resold, in their original condition, with the packaging unopened.

The client is responsible for shipping fees for returns. Packages without postage or with insufficient postage will not be accepted. In case PACOM is responsible for an error in shipping the products or in case a product is defective, the Buyer will be reimbursed for fees for the return. PACOM will accept returns of any item purchased on the site if it is returned within 14 days from the date of receipt by the Buyer, according to Article L. 121-20 of the Consumer Code.

To return an item the Buyer must follow the instructions below:

1 – Use the original packaging to return the product.

2 – Send the package to the following address:

PACOM SAS

25 Avenue de la Gare

06800 Cagnes-sur-Mer

FRANCE

The Buyer is responsible for any risk linked to retuning the product. If the procedure and timeframes indicated above are not followed, the Buyer cannot make any claim that the products delivered do not conform or that they have any apparent defect, as they are then deemed to conform and to be free of any apparent defect. 

PACOM has the option of deferring the refund until receipt of the products or until the customer has provided proof of the shipment of the products, the date to be retained being that of the first of these facts. It is therefore up to the customer to retain proof of his mailing.

The reimbursement will be made according to the same means of payment as that used by the customer during the transaction, unless different terms have been expressly accepted by the latter. In any case, this reimbursement can not incur costs for the customer.

Article 11 – Legal Warranty

 

PACOM is liable for defects in conformity of the product with the contract in accordance with articles L.217-4 and following of the Code of consumption and defects, or hidden defects of the thing sold, under the conditions provided for in articles 1641 et seq. Civil Code and 2232 of the Civil Code. These guarantees are exercised with PACOM at the following address: PACOM SAS,  25, Avenue de la Gare, 06800 Cagnes-sur-Mer – France

Article 12 – Data processing and freedoms

The information of the personal information collected in the context of distance selling is compulsory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.

In accordance with the law of 6 January 1978, the customer has the right to access, interrogate, modify, rectify and delete his data, which allows him, if necessary, to correct, complete, Update, lock or delete personal data that are inaccurate, incomplete, equivocal, out of date, or the collection, use, disclosure or retention of which is prohibited.

The customer also has the right to object to the processing of his data for legitimate reasons, as well as the right to object to the use of his data for commercial and other commercial purposes.

These rights are exercised by mail accompanied by a copy of a signed identity document to the e-mail address contact@lecaracoli.com

Article 13 – Intellectual property

 

The present presents no transfer of any kind of intellectual property rights on the elements belonging to PACOM SAS for the benefit of the customer.

The content of the site, the general structure as well as brands, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programs, search engines, bases Data, sound, video, domain names, design, know-how of PACOM SAS and all the other elements making up the site or any other information contained therein, without this list being exhaustive PACOM SAS or any partners or third parties who have granted it a license and are protected by intellectual property rights which are or will be recognized by them in accordance with the laws in force.

The development of this site, intellectual property of PACOM SAS, was carried out by PACOM SAS on its own behalf.

The reproduction of all documents published on the site is authorized for the exclusive purposes of information for personal and private use. Any other use is strictly forbidden.

Any reproduction or representation, total or partial of any of these elements, without the express authorization of PACOM SAS is prohibited and would constitute notably but not exclusively an infringement sanctioned by the provisions of the Code of the intellectual property.

Consequently, the customer refrains from any action and any act likely to directly or indirectly infringe the property rights of PACOM SAS.

This article will survive at the end of the present and for whatever reason or reason.

Full ownership of the Le Caracoli trademark, which has been duly filed with the National Institute of Industrial Property (INPI), is hereby reminded. PACOM SAS reserves the right to claim damages in the event of infringement of its intellectual property rights.

 

Article 14 – Law applicable to disputes

This agreement is subject to French law. This is the case for substantive rules and procedural rules, notwithstanding the place of performance of substantive or ancillary obligations, subject to the mandatory provisions which are intended to apply to the customer in his capacity as consumer.

The language of this contract is French. If the present general conditions are the subject of a translation into a foreign language, the French language will prevail over any other translation to the case of dispute, dispute, difficulty of interpretation or execution of the present conditions and more generally Concerning the relationship between PACOM SAS and the customer.

 

Article 15 – Competent Jurisdiction.

Sales of PACOM SAS products are subject to French law regardless of the buyer’s country of residence and place of purchase. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between PACOM SAS and the buyer, even in the case of a plurality of defendants, will, in the absence of an amicable agreement, exclusive jurisdiction Of the competent French courts in application of the rules enacted by the French Code of Civil Procedure.

Article 16. Force majeure

 

PACOM SAS cannot be held responsible for the non-performance or the poor performance of its obligations and the present ones due to a case of force majeure as defined by the French Jurisprudence.

 

Article 17. Partial non-validity

 

If one or more stipulations of the present general conditions of sale are held to be invalid or declared as such under a law, a regulation or as a result of a final decision of a competent court, the other stipulations Will retain their full force and reach.

Article 18. Entire Agreement

 

These general conditions of sale and the order summary sent to the Customer form a contractual package and constitute the entirety of the contractual relations between the Parties.

In case of contradiction between these documents, the general conditions of sale will prevail.

Article 19. Cookies

“Cookies” are alphanumeric identifiers placed on your computer, cell phone or digital tablet through your Internet browser; they are used to recognize your browser and propose personalized services.

We use cookies when you browse on our Internet site in order to memorize your preferences, provide you with a more enjoyable customer experience and optimize our website by supplying contents adapted to your needs.

PACOM has no control over the cookies issued by third-party sites. We suggest you consult these sites directly for more information on their cookies and the way they are configured.

19.1. Cookie Configuration

Most Internet browsers automatically accept cookies by default. However, you can configure your browser to avoid the placement of cookies on your computer or an associated device. Some browsers propose a mode where cookies are always removed after a visit. The Help section on the toolbar of most browsers tells you how to refuse new cookies, how to be notified when new cookies have been received and how to deactivate them. You can also choose to deactivate or remove cookies used by your browser’s accessory software by modifying the configuration of this software or by visiting the software editor’s website.

Reconfiguration may modify the conditions of access to our services requiring the use of cookies.

If your browser is configured to refuse all cookies, you will not be able to make purchases or take advantage of the essential functions of our site, such as putting items in your shopping cart or receiving personalized recommendations. So that the cookies will enable meeting your expectations, we suggest you configure your browser to accept them.

You can deactivate the cookies by following the instructions below:

  • You use the Internet Explorer browser

In Internet Explorer, click on the Tools button, then on Internet Options. Under the General tab, under Browsing History, click on Configuration, then on the Display Files button. 

Next, click on the Name column header to sort the files in alphabetical order, then go down the list to the files starting with the Cookie prefix (all cookies have this prefix and normally contain the name of the website that created the cookie).

Select the cookie(s) with the name Le Caracoli and remove them.

Close the window that contains the list of files, then double click on OK to return to Internet Explorer.

  • You use the Firefox browser

On the browser’s Tools tab, choose the Options menu.

In the window that displays, choose Privacy and click on Display Cookies.

Locate the files containing the name Le Caracoli, select them and remove them.

 

  • You use the Safari browser

In your browser, choose the Edition > Preferences menu.

Click on Security, then on Display Cookies.

Select the cookies containing the name Le Caracoli and click on Remove or Remove All.

After removing the cookies, click on Done.

  • You use the Google Chrome browser

Click on the Tools menu icon and choose Options.

Click on the Advanced Options tab and access the Privacy section.

Click on the Display Cookies button.

Locate the files containing the name Le Caracoli, select them and remove them.

Click on Close to return to your browser.

For further information in French on cookies, see the CNIL site: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/

The lastest update: 27-12- 2016.