General Terms and Conditions.
VERSION DATED 01 JUNE 2022
These general terms and conditions of sale (hereinafter referred to as "GTC") are valid for all purchases made on the French website www.chaussea.com (hereinafter referred to as the "Site").
PREAMBLE
These GTC express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
They apply to the exclusion of all other conditions, in particular those applicable to in-store sales.
If one or more clauses of the GTC are held to be invalid or declared as such by law, regulation or court decision, the other stipulations shall retain their full force and scope.
PERSONAL DATA & COOKIES
When you place an order, the personal data collected will be subject to computer processing. You are invited to refer to the "Personal data" tab of the Site to obtain information on this subject.
1. PURPOSE AND SCOPE OF APPLICATION
The purpose of the GTCS is, on the one hand, to inform any person visiting the Site in order to place an order (hereinafter referred to as the "Buyer") of the terms and conditions under which the seller, CHAUSSEA, proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by CHAUSSEA.
The Buyer declares that he/she has read these GTC and accepted them before his/her purchase.
In this respect, they shall be enforceable against him/her in accordance with the terms of Article 1119 of the French Civil Code.
CHAUSSEA reserves the right to modify the GTC at any time and without prior notice.
The order shall be subject to the GTC in force at the time the order is placed.
Prior to placing an order, the Buyer declares :
- that he/she has the full legal capacity to place an order on the Site, either on his/her own behalf or through his/her legal representative. CHAUSSEA may not be required under any circumstances to verify the legal capacity of its Buyers. Consequently, if a Buyer does not have legal capacity, his or her legal representatives shall assume full responsibility for any order placed on the Site and shall in particular
- to accept without reservation the GTC;
- that his order is not directly related to his professional activity and is strictly limited to personal use.
2. FORMATION OF THE CONTRACT AND ORDERS
2.1 PRICES
The prices of the products offered for sale on the Site are indicated in euros and are those in force at the time the Buyer places the order.
Sale prices may be modified by CHAUSSEA at any time. The Buyer shall be informed of any such modification prior to any order.
These prices do not include shipping/delivery/transportation costs, which are invoiced in addition to the price of the products purchased and, more generally, any other specific costs indicated at the time of validation of the order.
The shipping costs will be indicated before the order is placed by the Buyer.
The various shipping methods are set out below in the GTC and may be modified at any time by CHAUSSEA.
CHAUSSEA therefore advises all Buyers to regularly consult the GTC on the Site.
Prices include the value added tax (hereinafter referred to as "VAT") applicable on the date of the order.
Any change in the applicable VAT rate shall automatically be reflected in the price of products sold by CHAUSSEA on the Site.
2.2 CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
The Buyer may, prior to placing an order, take note, on the Site, of the essential characteristics of the product(s) he/she wishes to order.
The Buyer may select one or more products from the various categories offered on the Site. However, each basket may only contain a maximum of eight (8) products.
The offers presented by CHAUSSEA are valid as long as they are announced on the Site, and within the limit of available stocks.
CHAUSSEA may modify the range of products offered for sale on the Site at any time, in particular as a result of constraints linked to its suppliers.
Information on the availability of products is provided to the Buyer at the time of placing the order.
Any product that is out of stock will not be validated.
2.3 COMMANDE
To place an order, the Buyer must create a customer account.
To create a customer account, the Buyer must fill in all the fields marked with an asterisk, in particular
- NAME
- FIRST NAME
- E-MAIL ADDRESS
- PASSWORD
To validate his/her customer account, the Buyer must register and confirm a password.
This password is strictly confidential and the Purchaser undertakes to inform CHAUSSEA of any usurpation of his/her password and/or his/her customer account.
The Purchaser may also create a customer account using his/her Facebook account.
In order to place an order, the Purchaser shall also provide the following information
- The postal address (one for the delivery address and one for the billing address if it is not the same as the delivery address)
- A telephone number
The Purchaser guarantees the sincerity and veracity of the information given and releases CHAUSSEA from any liability due to the inaccuracy of the information provided.
The Purchaser shall have access to his/her customer information in his/her dedicated space.
The Purchaser shall be able to check the details of his/her proposed order and to correct any errors until his/her order is confirmed.
After checking the contents of the order in the basket, the Buyer may confirm the order by clicking on the "Buy" button.
The Buyer will definitively validate the sale by payment.
The Buyer will be deemed to have accepted the current GTC, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by him.
An order confirmation will be sent by e-mail to the Buyer.
The order confirmation shall be sent to the e-mail address entered by the Purchaser at the time of placing the order.
CHAUSSEA recommends that the Purchaser keep this e-mail on a durable medium.
In the event of legitimate reasons and in particular in the cases referred to below, CHAUSSEA reserves the right to cancel or refuse any order from a Buyer, without such cancellation or refusal leading to the payment of any damages and/or costs whatsoever other than the reimbursement of any amount paid by the Buyer in respect of said order.
- The Buyer's billing and/or delivery information is incorrect or unverifiable;
- There is a dispute with the Buyer relating to a previous order;
- The order includes one or more unavailable products;
- The order made by the Buyer is recognised as an unusual order, susceptible to fraud or made by a reseller.
- The order is for more than eight (8) items.
3. PAYMENT
3.1 PAYMENT METHODS
The means of payment currently accepted are : CB, Visa, MasterCard, PayPal, Bancontact (only for Belgium).
Any bank charges remain the responsibility of the Buyer, including in the event of a refund. The Buyer declares that he/she is fully entitled to use the chosen means of payment.
Gift cards and credit notes issued in shops are not valid on the Site.
3.2. SECURITY OF PAYMENT TRANSACTIONS
CHAUSSEA undertakes to use encrypted and secure methods of transmission and payment that are among the most efficient in current technology. No information relating to payment is kept, as financial transactions take place on the banking interface of its partner HIPAY.
For any payment made by credit card, the partner uses the 3Dsecure procedure which depends on each banking establishment.
For example: the Buyer may receive a code on his mobile phone to be transferred to the payment page after having entered all the banking data necessary for payment.
3.3. PAYMENT INCIDENTS
CHAUSSEA reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, in the event of fraud or attempted fraud, including in the event of subsequent orders.
3.4. INTEREST ON LATE PAYMENT
Any sum not paid on the due date shall automatically bear interest at the legal rate, which shall be automatically debited to the customer's account.
4. DELIVERY
CHAUSSEA shall only deliver to Metropolitan France, Corsica, Luxembourg, Germany, Spain, Belgium, the Netherlands.
The products ordered shall be sent to the delivery address indicated by the Purchaser during the ordering process.
Delivery times are effective from the moment the carrier takes charge of the package.
All deliveries are announced by e-mail.
As the delivery methods are left to the choice of the Purchaser, CHAUSSEA undertakes to indicate the delivery times (in working days) and delivery costs including all taxes according to the delivery method chosen at the time of ordering and before validation of the order by the Purchaser.
If the Buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the letterbox which will allow the Buyer to collect the parcel at the place and during the time indicated. If the Purchaser fails to collect his/her order or in the event of erroneous information provided by the Purchaser when validating his/her order, the latter shall be returned to CHAUSSEA.
The Purchaser may choose from the following delivery methods:
I. DELIVERY IN METROPOLITAN FRANCE (INCLUDING CORSICA)
- Colissimo Domicile: €5.99 including VAT
- Post offices / Pickup Relay / Pickup Station: 3,99 € TTC
II. INTERNATIONAL DELIVERY
1. BELGIUM
- Colissimo Domicile: € 5.99 incl. VAT (€ 7.49 against signature)
- Post offices / Pickup Relay / Pickup Station: € 5.99 incl. VAT
2. GERMANY
- Colissimo Domicile against signature: €7.49 incl. VAT
- Pickup relay / Pickup Station: €5.99 incl. VAT
3. SPAIN
- Colissimo Domicile against signature: 7,49 € TTC
- Relais Pickup / Consignes Pickup Station: €5.99 inc
4. LUXEMBOURG
- Colissimo Domicile against signature : 7,49 € TTC
5. NETHERLANDS
- Colissimo Domicile against signature: €7.49 incl. VAT
- Relais Pickup / Consignes Pickup Station : 5,99 € TTC
CHAUSSEA endeavours to execute orders within the delivery times announced.
However, any event beyond the control of Chaussea, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, will result in the extension of the delivery deadlines.
Each delivery shall be deemed to have been made as soon as the product has been made available to the Buyer. It is the responsibility of the latter to check the shipments on arrival and to make any reservations and claims (e.g. damaged package) that seem justified within the mandatory period of three (3) calendar days from delivery, under penalty of foreclosure.
III. DELIVERY WITH THE CLICK AND COLLECT SERVICE
(ONLY AVAILABLE IN FRANCE)
The Click and Collect service is a free service which offers the Buyer the possibility of collecting his/her parcel previously ordered and paid for on the Site from one of the CHAUSSEA shops eligible for the Click and Collect option.
The Purchaser shall collect his/her parcel inside the CHAUSSEA shop.
After payment of their order, the Purchaser shall receive an order confirmation e-mail containing the address and opening hours of the CHAUSSEA shop chosen to collect their parcel.
As soon as their order is available, the Purchaser shall receive a text message containing a collection code informing them that their order may be collected from the selected shop.
The Buyer then has a period of 10 days to collect the parcel.
If the parcel is not collected within this period, CHAUSSEA shall refund the order within a maximum period of 30 days.
In order to collect the parcel, the Purchaser shall provide a valid identity document and the SMS containing the collection code.
The Buyer shall present his/her SMS with the collection code and his/her ID at the cash desk.
A third party may pick up the Buyer's order, to do so he/she must present the SMS containing the pick-up code, his/her own valid ID and the Buyer's valid ID.
5. RESERVATION OF OWNERSHIP
Chaussea retains full ownership of the products until delivery and full payment of the full price, in principal payment of the full price, in principal, expenses and taxes included.
6. THE E-RESERVATION OPTION
The Buyer may reserve a product eligible for the e-reservation option directly on the Site before proceeding with the purchase in the shop previously selected. The use of this option constitutes a simple reservation of a product in shop without any obligation to purchase.
CHAUSSEA reserves the right to suspend or terminate this option at any time.
6.1 E-BOOKING PROCEDURE
In order to proceed with the e-booking of a product, the Purchaser must :
- Select a product on the Site and indicate its size (if applicable);
- Add the product to his/her basket or click on "Book in shop";
- Click on "Confirm my e-booking";
- Choose a shop where the product is in stock;
- Fill in the following information, via the quick registration or a customer account, i.e. title, surname, first name, e-mail and mobile phone;
- Enter the code received by text message.
At the end of the e-reservation process, the Buyer receives an SMS and an email acknowledging receipt of the reservation, then an SMS and an email validating the reservation, indicating in particular the availability of the reserved product as well as the date and time limit for collecting the products in the shop.
Any product that may be made unavailable between the time of the e-booking by the Buyer and the validation by the shop, the Buyer may receive an SMS and an email informing him/her of the unavailability of the reserved product.
The e-booking is considered to be effective and finalised as of the receipt by the Buyer of the text message and/or email informing him/her of the availability of the reserved product.
6.2 PRICE
The price indicated for each product during the e-booking process is the price to be paid in shop.
Any payment for a product reserved on the Site is made directly in the shop at the time of purchase of the product.
6.3 TERMS AND CONDITIONS
The use of the e-booking service is limited to eight (8) products reserved at the same time by the Buyer.
Depending on the opening hours and days of the chosen shop, any e-booking request made on the Site by the Buyer will be processed as soon as possible.
When visiting the shop, the Buyer must bring the reservation confirmation email or sms.
If the Buyer does not come to the shop to collect the reserved product within the time limit indicated in the confirmation email, the reservation will be automatically cancelled and the product will be put back on sale.
7. LEGAL RIGHT OF WITHDRAWAL
7.1 EXERCISE OF THE LEGAL RIGHT OF WITHDRAWAL
In accordance with Articles L221-18 et seq. of the French Consumer Code, the Purchaser shall have a period of fourteen (14) calendar days from the day following receipt of the package containing the products ordered by him/her or by a third party other than the carrier, to inform CHAUSSEA of his/her wish to exercise his/her right of withdrawal without giving any reason.
After this period, the Purchaser shall no longer be entitled to exercise his/her legal right of withdrawal.
In the event of an order for several products subject to separate delivery, the fourteen (14) day period shall run from the day following receipt by the Purchaser or by the recipient of the order of the package containing the last product ordered.
The Buyer may express his/her wish to withdraw, without giving any reason, directly via the "Return" tab of his/her customer account by filling in the withdrawal form.
Once the form has been completed, CHAUSSEA shall send an acknowledgement of receipt of the withdrawal to the Purchaser without delay via the email address provided.
The Purchaser shall follow the following procedure:
- Connect to the CHAUSSEA customer account.
- Select the "My Orders" section and then click on "View" for the order concerned.
- Click on the "Create a return" tab
- Select the item to be returned. The Buyer must repeat this operation if he/she wishes to return several products from the same order.
- Click on the "Submit" button to register the return.
- A link "Download your label" is available in the "My returns" section, then "View the return".
- Stick the previously printed label on the package.
- Drop off the parcel free of charge at a relay point.
The Buyer may also express his wish to withdraw by filling in the attached withdrawal form or via any other unambiguous statement, and send it by email (sav@chaussea.com) or post (Chaussea SAS - Service Client - 105, avenue Charles de Gaulle 54 910 Valleroy).
7.2 RETURN OF PRODUCTS
The Buyer shall return the product(s) concerned without undue delay and, in any event, no later than fourteen (14) days from the day Chaussea was informed of the decision to withdraw.
The Buyer must make his Return by sticking the label, available in the "My Returns" section, on the parcel. The parcel must contain the product(s) indicated when the right of withdrawal was exercised, as well as the invoice.
The Buyer can drop off the parcel free of charge at a relay point.
The Buyer must return the product in its original box, unworn.
Any product that is returned, notably incomplete, damaged, worn, soiled or not allowing it to be put back on the market in new condition, cannot be reimbursed to the Buyer if the depreciation of the product results from handling other than that necessary to establish the nature, characteristics and proper functioning of this product.
7.3 EFFECT OF WITHDRAWAL
In the event of withdrawal by the Buyer, Chaussea shall reimburse all payments received from the Buyer, including delivery costs (with the exception of additional costs arising from the fact that the Buyer may have chosen a delivery method other than the least expensive standard delivery method proposed by Chaussea) without undue delay and, in any event, no later than fourteen days from the day Chaussea is informed of the Buyer's decision to withdraw. Reimbursement may be deferred until Chaussea has received the goods or until the Buyer provides proof of shipment of the goods, the date retained being that of the first of these facts.
The refund shall not incur any costs for the Buyer.
Refunds are made to the Buyer according to the method of payment used at the time of the order:
- In the case of a CB payment: The transfer is made to the bank account used to pay for the order.
- In the case of a BANCONTACT payment: The customer service will contact the Buyer, so that this one communicates us his IBAN and that the refunding is made on this bank account.
8. LEGAL GUARANTEES
All products supplied by CHAUSSEA benefit from the legal guarantee of conformity provided for in Articles L217-4 et seq. of the French Consumer Code and the legal guarantee provided for in Articles 1641 et seq. of the French Civil Code.
When acting under the legal guarantee of conformity, the consumer :
- has a period of two years from the date of delivery of the goods to take action
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code
- is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
9. COMMERCIAL POLICY
9.1 ONLINE PURCHASE AND RETURN
The Buyer may, within thirty (30) calendar days from the date of receipt of his order, return part or all of his order.
In the event of an order for several products which are delivered separately, the period shall run from the day following receipt by the Buyer or the recipient of the order of the package containing the last product ordered.
To do so, the Buyer shall go to the "Returns" tab of his/her customer account and fill in the returns form.
Once the form has been completed, CHAUSSEA shall send an acknowledgement of receipt of the return to the Purchaser without delay via the email address provided.
The Purchaser shall follow the following procedure:
- Log in to the CHAUSSEA customer account.
- Select the "My Orders" section and then click on "View" for the order concerned.
- Click on the "Create a return" tab
- Select the item to be returned. The Buyer must repeat this operation if he/she wishes to return several products from the same order.
- Click on the "Submit" button to register the return.
- A link "Download your label" is available in the "My returns" section, then "View the return".
- Stick the previously printed label on the package. The package must contain the product(s) concerned by the return as well as the invoice.
The Buyer can drop off the parcel free of charge at a relay point.
The Buyer must return the product in its original box, unworn.
Any product that is returned, in particular incomplete, damaged, worn, soiled or not allowing it to be put back on the market in new condition, cannot be reimbursed to the Buyer if the depreciation of the product results from handling other than that necessary to establish the nature, characteristics and proper functioning of this product.
In the event of a return by the Buyer, Chaussea shall reimburse all payments received from the Buyer, including delivery costs (with the exception of additional costs arising from the fact that the Buyer may have chosen a delivery method other than the least expensive standard delivery method proposed by Chaussea) without undue delay and in any event upon receipt by Chaussea of the goods.
The refund shall not incur any costs for the Buyer.
Refunds are made to the Buyer according to the means of payment used at the time of the order:
- In the case of a CB payment: The transfer is made to the bank account used to pay for the order.
- In the case of a PAYPAL payment: The transfer is made to the PAYPAL account used to pay for the order.
- In the case of a BANCONTACT payment: The customer service will contact the Buyer, so that this one communicates us his IBAN and that the refunding is made on this bank account.
9.2 ONLINE PURCHASE AND RETURN TO THE SHOP
The Buyer may, within thirty (30) calendar days from the date of receipt of his/her order, request a credit note or an exchange (depending on available stocks) free of charge of the product(s) ordered on the Site in any CHAUSSEA shop.
The list of shops is available on www.chaussea.com.
The Buyer must return the product in its original box, unworn.
Any product that is returned, in particular incomplete, damaged, worn, soiled or that does not allow it to be put back on the market in new condition, may not be reimbursed to the Buyer if the depreciation of the product results from handling other than that necessary to establish the nature, characteristics and proper functioning of the product.
The exchange or credit note in shop will only be accepted on presentation of the invoice.
In the case of an exchange with one or more products whose total amount is higher than the price of the exchanged product, the Buyer shall pay the difference between the two amounts. Otherwise, the Buyer will receive a credit note equal to the price difference between the returned product(s) and the new product.
Refunds are made to the Buyer according to the payment method used at the time of the order. For a payment by credit card, the refund will be made to the credit card used for the purchase. For a payment via PayPal account, the transfer is made to the PAYPAL account used to pay for the order.
10. CUSTOMER SERVICE
For any question, claim or information concerning one of your orders, CHAUSSEA provides you with a toll-free telephone number (cost of a local call in mainland France): 09 69 39 54 00.
In the event of telephone unavailability, you should contact customer service using the contact form by clicking here.
Or by e-mail at the following address: sav@chaussea.fr
11. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the Site as well as associated pages (in particular blogs, social networks) are the exclusive property of CHAUSSEA, the sole holder of the intellectual property rights on these documents. Any total or partial reproduction of the Site is strictly prohibited and is likely to constitute an infringement of copyright.
The trademarks distributed by CHAUSSEA are registered trademarks. The reproduction, imitation, use, positioning, deletion or modification of a registered trademark constitutes an infringement of copyright.
12. LIABILITY
CHAUSSEA shall have a best effort obligation for all stages of the order taking process as well as for stages subsequent to the conclusion of the sales contract.
CHAUSSEA shall not be liable for the obligations under the GTCs in the event that the non-performance of its obligations is attributable to the act of a third party, even if it was foreseeable, to the fault of the Buyer or to the occurrence of an event of force majeure.
CHAUSSEA shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular in the event of a break in service, external intrusion, the presence of a computer virus, or any event qualified as force majeure.
In such circumstances, CHAUSSEA shall have an additional period of time to perform its obligations, without any compensation being claimed.
13. SIGNATURE AND PROOF
The use of the Buyer's login and/or password, the provision of the bank card number and the final validation of the order shall constitute proof of the Buyer's identity and the payment of the order and the corresponding amounts.
CHAUSSEA may not, under any circumstances, be held liable for the fraudulent use of such information, it being recalled that it is the responsibility of the Purchaser to maintain the security of his/her online transactions, for example by not communicating his/her login and/or password.
14. CONTRACT ARCHIVING PROCEDURES
The archiving of order forms and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
Details of the Buyer's orders are recorded in the "My account" section.
To consult the details of his orders, the Buyer must click on "My Orders" then "View my order" and select the order of his choice.
15. WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
16. LAW AND APPLICABLE LAW
The GTC are subject to French law, subject to the mandatory rules of the Buyer's country of residence.
The competent court in the event of a dispute shall be that of the defendant's place of residence or, at his option, the place of actual delivery of the product.
Under no circumstances does CHAUSSEA guarantee compliance with local legislation applicable to you when you access the Site from other countries.
In the event of a dispute, an amicable solution shall be sought as a priority to any legal action.
To do so, the Buyer may first contact CHAUSSEA's customer service department at the following address:
- Contact form: here
- Telephone: 09.69.39.54.00
- Mail : sav@chaussea.com
- Address: CHAUSSEA SAS SERVICE CLIENTS 105 Avenue Charles de Gaulle 54910 VALLEROY
If no amicable solution is found directly with CHAUSSEA, the Buyer is informed of the possibility of initiating, at his/her choice, an alternative dispute resolution procedure or a procedure before the competent courts.
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the Customer shall have the right to have recourse free of charge to the mediation service offered by CHAUSSEA.
The "consumer law" mediator thus proposed is CM2C.
This mediation service can be reached by
electronically: cm2c@cm2c.net
or
by post: CM2C, 14 rue Saint Jean 75017 Paris
17. LANGUAGE OF THE CONTRACT
The GTC are available in French, Dutch and English.
Only the French version shall be binding in the event of a dispute.