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GENERAL CONDITION OF SALE

Translation of the French general conditions of sale, in accordance with French legislation

 

 

 

We are happy to welcome you on our site www.c-oui.fr
The company IDNCO (hereafter “the Company”), creates and sells C-OUI-branded fashion accessories, and more particularly handbags.

In order to better serve its customers, the Company has established an site for online sales of a selection of C-OUI products.


The following general conditions of sale govern sales of the products offered by the Company exclusively via the site www.c-oui.fr. Placing an order implies the complete acceptance of the present general conditions of sale which can be viewed at any time on the site, and more particularly, during the ordering process.

These conditions are the sole contract between the parties and prevail over any other document. They can be modified at any moment. The new conditions of sale are applicable as soon as they are available on the site.

The products are delivered within the European Union. For other countries, send a mail. Online orders are reserved for individual consumers and companies acting as end users, not as resellers. Do not hesitate to contact our customer service for further information, questions or advice.

Mail address:
 C-OUI – Customer service online sales
IDNCO SARL
7, rue Dejean - 75018 PARIS – France


E-mail : contact@c-oui.fr

Tél.: 00 33 06 87 90 18 17

 

ART. 1 Object

The present general conditions of sale apply to any sale by the Company of C-OUI branded articles, via the website created by the Company, identified by the domain names www.c-oui.fr (hereafter “the Site”):

  • through an order placed on the Site by an individual consumer acting as end user (as defined by law and jurisprudence), residing in the European Union
  • followed by delivery to the same persons, for their own account, or to any third person of their choice, equally residing in the EU and acting as end user (as defined by law and jurisprudence).

Any sale of articles branded by the Company via the Site is governed by the present general conditions of sale, which the customer accepts. The conditions are subject to changes or updates.

 



ART.2 Identification of the seller

 
The Company IDNCO SARL, limited liability company with €40.000 in capital, located Paris 75018 – 7, rue Dejean is registered at the French commercial register (registre du commerce et des sociétés), No. RCS Paris 503 270 787.
Phone: 00 33 06 87 90 18 17
E-mail: contact@c-oui.fr
VAT FR 01503270787

 ADEME : FR250503_01JEXF

Information on articles and limitations of liability

 

We take the greatest possible care to give the most precise information and description of articles, available online on the Site or through C-OUI resellers, as well as regarding their regular update. However, the Company can not be held responsible for non-substantial errors that might occur.


In the same way, photographs and other reproductions of the articles available on the Site and through resellers are reliable, but only indicative and have no contractual value. However, should the shipped article not correspond to its description on the Site, the Company will correct that error, according to the conditions of articles 10 and 11 (see below).

More generally, the Company cannot be held responsible for

  • interruptions or delays on the Site due to maintenance work, technical problems, cases of force majeure, or due to third parties or any circumstances out of its control
  • the temporary impossibility for the customer or the Company to access the Site, due to reasons beyond their control, such as computer incidents, Internet network interruptions or dysfunctions of the customers’ Internet access devices.

 

 

ART . 3 Order of articles

In order to pass an order on the site, the customer must be over 18 years old, reside in the European Union, possess his or her legal capacity and be the holder of a credit card.

Orders will be received and accepted within the limits of available stock.

Should the ordered article be unavailable despite the Company’s vigilance, the Company will inform the customer as soon as possible by e-mail and reimburse the payment by crediting the customer’s credit card.

 

In accordance with the provisions of French law (art L122-1, Code de la consommation), the Company, offering retail sales, has the right to refuse any order exceeding 5 products.

The Company also has the right to refuse any order by a customer with whom a litigation regarding the payment of anterior orders is in course, or any order which does not comply with the present general conditions of sale.

 

Online orders are made as follows:

 

First step:

Selection of articles by the customer

The customer selects, enters and validates the product identification and quantity (the availability of which may need confirmation by the company) of articles. These articles will be added to his or her “Basket”.


Second step:

Checking the selected articles
The customer can change his or her “Basket” of selected articles by deleting articles from the “Basket”. The prices of the articles as defined in article 5 (see below) are automatically displayed.


Third step:

Confirmation of selected articles and order validation:
 

Once the customer has completed his or her selection and wants to validate the “Basket”, he or she is asked to identify themselves, by communicating name, address of regular residence (billing address), e-mail and phone number.

The customer is also asked to confirm the shipping address, which can be the home address of a third person residing in the EU or the address of the workplace of that third person. The corresponding shipping costs will then be displayed. Finally, the payment mode must be specified.

Once all this information entered and validated, the price as defined in article 5 (see below) and the corresponding shipping costs are displayed automatically.

 

The customer then communicates his or her credit card number, in accordance with the conditions described in article 6 (see below), and validates by clicking on the corresponding button to have the bank account charged. The debit authorisation of the account is displayed. It is recommended to save and/or print out this authorisation.

Once the authorisation to charge the customer’s account is given, the “Basket” is directly transferred to the order preparation department of the Company, and the customer receives an e-mail containing the order number. The order is binding as soon as the Company receives the Basket, duly filled out and validated by the page of order registration.

The customer makes sure that all information communicated to the Company complies with the present general conditions of sale, and that it is complete and up-to-date.

Failing this, the Company has the right to purely and simply cancel the order and the corresponding payment.

During the order process, the Company collects personal data on the customer: identity, address of residence, shipping address and payment details. This information is necessary for order processing and can be handed over to partners of the Company, particularly for the order execution.

In compliance with French legislation (loi informatique et libertés du 6 janvier 1978), the customer has the right to access, modify, rectify and remove his or her personal data. The customer can exercise this right by sending a mail to: contact@c-oui.fr

 

Fourth step:

Acknowledgment of order registration by the Company, following the customer’s validation:

 

Within a maximum of three (3) days (between 1 and 3 days) following the order registration, the Company acknowledges the order via an e-mail to the e-mail address given by the customer. In accordance with French legislation (art. 1369-2, Code civil) the customer formally accepts the use of electronic mail as means of oder confirmation. This e-mail resumes all of the information given by the customer, and informs him or her on difficulties or restrictions that might have occurred regarding the order (availability of ordered articles, shipping delays, payment details). The e-mail mentions the order number attributed by the Company. Should the Company consider that the order does not comply with the present general conditions of sale (ex. wrong shipping address, exceeding the authorised number of articles), it informs the customer by e-mail, within the maximum of six (6) days mentioned above. Should the customer fail to rectify errors or order elements that do not comply with the present conditions of sale, the Company has the right to purely ad simply cancel the order and the corresponding payment.

The maximum delay of three (3) days mentioned above does not apply to payments made by credit cards emitted by banks outside France. In this case, the e-mail acknowledging the order will be sent by the Company once its bank account has been credited the amount due by the customer.

 

 

ART. 4 Proof of order:

The Company and the customer agree specifically on the validity of e-mails and the automatic registration system used on the Site as proof between them, especially regarding the nature and the date of an order.

However, it is recommended that the customer also keep a copy (in electronic format and/or print) of the elements regarding the order (ex. e-mail sent by the company).

 

ART. 5 Prices of articles:

The prices displayed on the Site include all taxes, excepting shipping costs for France and the European Union.


The charged prices are those in effect at the date of the order.

 

The shipping costs for order delivery are automatically displayed after validation of the country by the customer and is again communicated to the customer in the order confirmation e-mail. In accordance with the provisions of French legislation (article L.121-19, Code de la consommation), the customer also receives a written confirmation of the price and the shipping costs at order delivery.
 
ART.6 Payment

The customer’s purchases are paid by credit card. The Company accepts cards of the CB network, as well as Visa and MasterCard. Cards from banks outside France are accepted only if they are international credit cards.

The customer asserts the he or she pays with a personal credit card, mentioning his or her name and first name.

The online payment is made over a SSL secure payment system. The customer accesses a secure server working in SSL mode (128 bits) which is certified by a Certification Authority. The customer has to supply banking data when filling out the online payment form, in a transaction that complies with banking security rules. By communicating this data, the customer accepts in advance and without condition that the Company will proceed with the secure transaction.

 

The customer authorises the bank to debit his or her account according to the registration or the statements transmitted by the Company, without the presence of an invoice signed by the credit card holder. The authorisation to debit always corresponds to the amount of the invoice established by the Company for the purchase of one or several of its articles.

The customer’s credit card is debited within a maximum of six (6) days following the click by the customer on the validation button, after verification that the order complies with the present general conditions of sale and the ordered article(s) are available – also in case of temporary unavailability accepted by the customer – and before the shipping of the article(s) by the Company.

Should it be impossible to debit the amounts due by the customer, for any reason whatsoever (opposition, refusal by the issuer or the Company’s insurance…), the order will not be registered by the Company.

 

ART.7 Delivery:

The articles will be delivered exclusively to

  • either the usual residence of the customer
  • or to the shipping address given by the customer when ordering, in which case the address must correspond to the usual residence of the third party chosen by the customer, within one of the EU member states, or the work place of this third party, with the exception of hotels and PO boxes.

The customer asserts that he or she has communicated the exact address of usual residence when confirming the order.

 

After the payment of the order has been registered, the article(s) are shipped to the shipping address specified by the customer.

In accordance with French legislation (article L.121-20-3, Code de la consommation), the article(s) is/are delivered within a maximum of 30 days following the order and/or within the delays mentioned in the order confirmation e-mail (sent 1 to 6 days after the customer’s order validation).

 

Items are shipped via Colissimo or Chronopost.


ART. 8 Subject property

The Company remains the owner of the delivered article(s) until the complete payment of the price and interests. The payment is completed after the effective collection of the amount.

In the event of complete or partial non-payment, the Company has the right, without prior notice, to claim the item(s) already delivered to the customer.

 

ART. 9 Intellectual property

 

The customer receives a license to use the Site, which remains the exclusive property of the Company which has created and published the corresponding web pages, images and source scripts, basic data and components. The customer must not display or reproduce the Site, or parts of the Site, in any form whatsoever.

The items and brands of the Company, particularly the C-OUI brand, as well as illustrations, images, designs and models, appearing on the articles sold by the Company on the Site, or on their accessories or packaging, registered or not, remain the exclusive property of the Company. Any type of total or partial reproduction, download or modification of the brand for any reason whatsoever is strictly prohibited without prior written authorization by the Company.

 

 

ART. 10 Right of cancellation and return of articles

In accordance with the provisions of French legislation (articles L.121-20 ff, Code de la consommation) the customer has a right of cancellation which he or she can exercise without justification, within a delay of fourteen (14) days, from the reception of the articles. In this case, he or she has the right to return the articles, in their original packaging, in perfect condition, complete and including the copy of the Company’s invoice, to the fellowing address: C-OUI chez ADS Evreux, ZAC multisite Long Buisson 2, rue Rolland Garros,  27930 GUICHAINVILLE, FRANCE.

In order to keep proof of this return, the customer must send the articles via registered mail or any other means giving proof of the precise date of shipping. Return shipping is paid by the customer.

The amount invoiced for the returned articles is reimbursed by crediting the customer’s credit card or by check, within a maximum delay of thirty (30) days following the reception of the returned articles by the Company. At the customer’s demand, the Company can also offer a voucher for the corresponding amount.

Returned articles that are incomplete, damaged, deteriorated, or dirty will no be reimbursed totally and can not give the right to a voucher corresponding to the total amount of the initial order.

 

 

ART . 11 Conformity - Warranty

The customer must make sure that the delivered articles correspond to his or her order.

Should this no be the case, the customers must inform the Company as soon as possible, either by calling between 11h00 and 19h00, Monday through Friday, or by sending an e-mail to contact@c-oui.fr, and justify the non-conformity of the article. After acceptance by the Company, the customer returns the article to the Company, in its original packaging, complete and in perfect condition, accompanied by a copy of the invoice.

 

Returns must be made by registered mail or any other means giving proof of the precise date of shipping. Return shipping will be paid by the Company if the non-conformity is proven.

 

Should an exchange be impossible and should the customer not wish to receive a voucher, the Company reimburses the amount invoiced for the returned non-conform articles either by crediting the customer’s credit card or by check (for France only), within a maximum delay of thirty (30) days after reception by the Company of the returned goods.

 

ART . 12 Force majeure

The execution by the Company of all or part of its obligations will be suspended in the case of fortuitous events or force majeure such as war, riot, insurrection, social troubles, computer breakdown or major threats to the security or coherence of the Internet network, strikes or supply problems for the Company.

The Company informs the customer as soon as possible should such events occur.


ART. 13 Waiver

Should the Company at one moment refrain from requiring one of the provisions of the present general conditions of sale, this can not be construed as a waiver to later claim.


ART.14 Validity of general conditions of sale

The cancellation of part or all of a provision of the present generation conditions of sale does not affect the other provisions, rights and obligations resulting from the present general conditions of sale which remain unchanged and applicable.

 

 

ART. 15 Litigation

The present general conditions of sale are subject to French legislation.

Should the order or delivery of articles by the Company cause difficulties or problems, the customer has the possibility to search an amicable solution.

In case of litigation or failing an amicable agreement, only the Courts of Paris are competent to rule.