GENERAL CONDITIONS OF SALE CHAMBERLAN

PRELIMINARY ARTICLE

The Chamberlan company (hereinafter referred to as “the Company”), offers a shoe customization and production service on demand.

Article 1: Scope

These general conditions of sale are applicable to all sales of personalized and/or made-to-order items, concluded remotely via the Company’s website, identified in particular by the domain name www.chamberlan.com ( hereinafter referred to as “the Site”):

by order taking by natural person customers acting as consumers (within the meaning of the law and case law)
for delivery to the same natural person customers for their own account or to any third party of their choice

Any sale of personalized and/or made-to-order items bearing the Company’s brands through the Site is subject to these general conditions of sale, which the customer accepts. These are likely to be subject to modifications and updates, the conditions applicable to the order of a personalized item made on request by a customer are those in force on the day of the order.

Article 2: Identification of the author of the offer

CHAMBERLAN is a SAS with a capital of €200,000 whose head office is located at 1, chemin de la Manufacture – ZI de Goulat – 24300 Nontron – France. The Company is registered with the Périgueux Trade and Companies Register under the following numbers:

SIRET: 812 050 599 00016 – VAT: FR10 812 050 599

Article 3: Information relating to the articles and limitation of liability

3.1 Information (categories, names, definitions, reproduction of articles, detailed descriptions: properties, characteristics and composition, etc.) relating to all articles bearing the Company’s trademarks offered for distance selling and the personalization service and /or production on demand are available, in accordance with the legal and regulatory requirements applicable on the Site.

While taking the greatest care and the greatest accuracy in putting the information online, in the descriptions of the items and the personalization and/or on-demand service, as well as in the data available on the Site as well as in their regular update, the Company cannot be held responsible for any non-substantial errors that may occur. Similarly, although the photographs and other reproductions of the personalized items represent them faithfully on the Site – and this, within the limits of the technique and in compliance with the best market standards -, these may however present errors not substantial, which the client acknowledges and accepts. In any event, in the event of non-compliance of the item delivered with its description, the Company undertakes to correct this error, under the conditions of article 13 below.

3.2 More generally, the Company cannot be held liable:

interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;
the impossibility of the customer or the Company to temporarily access the Site or the personalization and realization service on demand, due to facts beyond its control, such as: cases of computer failure, interruptions of the telephone network, the Internet network, failure of the reception equipment of said Internet network, etc.

Article 4: Conditions for ordering articles

4.1 To place an order on the Site for an item personalized and/or made at his request by the Company, the customer must be of legal age, have legal capacity and hold a bank card as defined in article 8 above. -after.

Orders will be received in French and will be accepted within the limits of stocks of available materials and components. To this end, the customer is informed at the time of ordering, either on the information page of the Site describing each of the items:

the possibility for the Company to carry out the customizations requested;
the availability of the article;
or, in the event of temporary unavailability of the article, the possibility of ordering it with a view to subsequent delivery within the time limits specified on this occasion.

If, despite the Company’s vigilance, the items that can be personalized or made on demand are no longer available, the Company will inform the customer of this by any means (telephone call or e-mail) as soon as possible and will refund the price if necessary. billed by crediting the customer’s bank account.

4.2 The customer agrees that all information communicated to the Company on the Site as part of the order complies with these general conditions of sale, complete, accurate and up-to-date. Failing this, the Company reserves the right to purely and simply cancel the order as well as the payment.

It is recalled that when ordering, the Company collects the following personal data: identity, username and password chosen by the customer on the Site, e-mail address, telephone number, address of the customer’s usual residence, delivery address and payment methods, etc. These data are necessary for the processing of the order and may be communicated only to the Company’s contractual partners involved in the execution of the order (in particular, to intermediaries for the payment of orders such as banking establishments).

In accordance with the Data Protection Act of January 6, 1978, the customer has a right to access, modify, rectify, oppose and delete personal data concerning him.

To exercise this right, it suffices to send an e-mail to: contact@chamberlan.fr or a letter to Chamberlan 5, rue Rouget de Lisle 75001 Paris.

4.3 In accordance with the provisions of Article L. 122-1 of the Consumer Code, the Company shall be entitled, in the case of retail sales, to refuse any abnormal order exceeding the number of authorized items, namely: 5 items per order.

The Company will also be entitled to refuse any order: (i) made by a customer with whom there is a dispute relating to the payment of a previous order; Where (ii) not in accordance with these general conditions of sale.

If the Company finds that the order does not meet these general conditions of sale (for example: incorrect delivery address, exceeding order thresholds, etc.), it will inform the customer either directly on the Site or by post. electronic. If the customer fails to proceed with the Company to correct erroneous or contrary elements to the present general conditions of sale appearing in his order, the Company reserves the right to purely and simply cancel the order as well as the payment.

Article 5: Order

Order taking on the Site is subject to strict compliance with the procedures described below, also embodied by a succession of different screens on which are indicated the successive phases that the customer must imperatively respect to validate his order.

5.1 First step: selection and personalization of items by the customer

On the Site, the customer selects, enters, personalizes and validates the formalization, identification and quantity of the items he wishes to see personalized at his request and order (the availability of which is to be confirmed by the Company if necessary); said items are added to his “Basket”.

5.2 Second step: verification of the selected articles

The customer can freely modify his “Basket” made up of selected personalized items online, delete an initially selected item, modify the personalization parameters chosen or the quantities ordered or even add an item by clicking on the corresponding elements made available to him within of the “Basket”. Within the “Basket”, the price of the items – as defined in article 7 below – is displayed automatically.

5.3 Third step: confirmation of the selected items and validation of the order

Once the customer has completed his selection and wishes to validate the composition of his “Basket”, he must then identify himself:

if he has an account on the Site: by his e-mail address (username) and password;
if he does not have an account on the Site, in particular: by his name, his address of usual residence at which the order will be invoiced to him, his telephone number.

The client must also validate:

the delivery address of the order – it being specified that said address may possibly correspond to the usual place of residence or, failing that, to the address of the company within which the third-party beneficiary exercises his professional activity if that -ci is located on this same territory;
shipping costs: please note that these are covered by Chamberlan for deliveries in mainland France;
and, finally, the payment method chosen.

Once all this information has been regularly entered and validated, the price of the items – as defined in article 7 below – is displayed automatically.

After providing their credit card number, in compliance with the conditions of article 8 below, the customer then clicks on the button “CONFIRM YOUR ORDER AND PAY” in order to debit their bank account.

The authorization to debit his bank account issued by the customer’s bank is displayed. It is recommended that the customer save and/or print said debit authorization on paper. When the customer’s bank account is authorized to be debited by his bank, his “Basket” is directly transmitted to the article personalization services with a view to their manufacture and preparation of the Company’s orders, the customer then seeing his order number.

This order commits the customer upon receipt by the Company of the “Basket” duly completed and validated by the display of the order registration page.

5.4 Fourth step: Taking measurements

In the event of an order for a made-to-measure product, the final validation of the order is subject to validation by the Company of the measurements of the customer and/or the third party for whom the customer has placed his order. If the customer’s measures have not been taken prior to his order or within a maximum period of 31 days following his order, the Company reserves the right to purely and simply cancel the order as well as the payment.

5.5 Fifth step: acknowledgment of receipt of the order by the Company

The Company then acknowledges receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer. In accordance with the provisions of article 1369-2 of the Civil Code, the customer formally accepts the use of electronic mail for confirmation by the Company of the content of his order.

This confirmation e-mail contains all the information communicated by the customer with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the items ordered, delivery times or method of payment chosen). It mentions to the customer the order number assigned by the Company.

5.6 Step Six: Shipping Personalized Items

At the time of shipment of the personalized items and/or made at the request of the customer to the delivery address chosen by the latter, the Company sends an e-mail to the customer informing him of the said shipment, as provided for in l 8 below.

Article 6: Proof of order

In general, there is an express agreement between the Company and the customer that e-mails will prevail between the parties as well as the automatic registration systems used on the Site, in particular as to the nature and date of the order. . In addition, the Company retains the elements relating to any order for a period of ten (10) years and makes them available to the customer on simple request addressed by the latter to: contact@chamberlan.fr or to Chamberlan – Service Relations Clientèle – 13, rue de Marivaux – 75002 Paris. However, it is recommended that the customer also keep a copy (in electronic format and/or on paper) of the elements relating to his order (for example, the e-mail sent by the Company in accordance with article 5.4 above).

Article 7: Price of items

The prices displayed on the Site are indicated in Euros and include all taxes (TTC), excluding delivery costs, which are borne by the Company for deliveries in France.

The prices invoiced are those in effect on the date of the order.

The price including VAT of each of the items that the customer would like to purchase, as well as the amount of transport costs relating to their delivery (if these transport costs are not borne by Chamberlan), will be communicated to him when connecting to the Site. .

In accordance with the provisions of article L.121 19 of the Consumer Code, the customer will receive, upon delivery, for each of the items, written confirmation of the price paid detailing the price of the items and the delivery costs if applicable. charged to him.

Article 8: Terms of payment

The payment of the customer’s purchases is made at the time of the order by credit card. Cards from the “CB” network, Visa, Eurocard, Mastercard, American Express are accepted. Cards issued by banks domiciled outside France must be international bank cards. In this context, the customer agrees to make payment via a bank card which he personally holds and bearing his identity (surname and first name).

The client accesses a secure server operating in “Secure TLS Connection” mode and certified by a Certification Authority. The customer must provide his credit card number and/or bank details by completing the payment form online.

The transaction is then carried out by the customer according to banking security standards. By communicating his bank card number and/or his bank details, the customer accepts in advance and unconditionally that the Company proceeds with the secure transaction. The customer therefore authorizes his bank in advance to debit his account in view of the records or statements transmitted by the Company, even in the absence of invoices signed by the hand of the cardholder. The authorization to debit the customer’s account is always given for the amount of the personalized item(s) purchased at his request.

The customer’s bank card is then debited at the time of the order before the dispatch of the item(s) ordered, after verification of the satisfaction of his order with these general conditions of sale and the possibility of carrying out the customizations required of said item(s) – and this, also in the event of temporary unavailability accepted by the customer. In the event that, for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debit of the sums due by the customer proves impossible, the order will not be recorded and/or will be canceled by the Society.

Article 9 – Delivery

Delivery of items can only take place:

either at the customer’s usual place of residence;
either to the delivery address indicated by the customer when ordering, it being recalled that said address must correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing that, to the company’s address at within which the latter carries out his professional activity if it is located in this same territory; it being understood that it cannot, in any case, be carried out either in hotels or at post office boxes.

To this end, the latter undertakes to have communicated an exact delivery address to the Company.

The delivery of the ordered items will take place:

either, on the date or within the period indicated to the customer by the Company on the Site and at the latest within eight (8) weeks following the date of the order. In the case of an order for a made-to-measure product, the order will be considered validated as soon as the Company has confirmed to the customer that its measurements have actually been recorded;
either, within the time limits of which the customer will be notified beforehand when adding an item to his “Basket” as well as before the acceptance of his order and this, in particular, in the event of temporary unavailability of the said accepted item by the customer or particular deadlines necessary for the realization of the customizations requested.

The Company will deliver the items ordered by courier.

The products presented on the site can be delivered worldwide. The company reserves the right at any time and at its sole discretion to suspend deliveries to a country or geographical area.

Delivery costs are borne by Chamberlan for deliveries in metropolitan France. Delivery costs outside metropolitan France will be borne by the customer; the amount of these costs is communicated to the customer prior to the validation stage of his order.

Any deadlines communicated by Chamberlan will only be indicative. If, upon delivery, the external appearance of the package is not perfect, the customer will open it in the presence of the carrier in order to check the condition of the item. In case of damage to the article, the customer will detail them precisely on the delivery note, the provisions of article 11 below remaining otherwise applicable.

Article 10 – Retention of title

The company retains ownership of the items delivered until full payment of their price in principal and interest. The payment will be made within reason of the price. In the event of full or partial non-payment, the company may, without prior notice, claim the item(s) that may have been delivered by the company to the customer.

Article 11 – Intellectual property right

The “Chamberlan” trademark, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on Chamberlan articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Chamberlan. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Chamberlan, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same will apply to all copyrights, designs and models, patents which are the property of Chamberlan. Finally, any use of the Site and, in particular, the use of any of the elements composing it (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for the sale or any other direct or indirect commercial use is strictly prohibited.

Article 12 – Absence of withdrawal

The customer acknowledges having been informed and accepting that he does not have a right of withdrawal, in accordance with article L. 121-21-8, 3rd of the Consumer Code, which provides that: “The right of withdrawal cannot be exercised for contracts: […] for the supply of goods made to the consumer’s specifications or clearly personalized”.

The item(s) being personalized and made according to and/or at the request of the customer, this (these) cannot be returned. without reasons at the customer’s initiative and reimbursement by the Company.

Article 13 – Compliance – Warranty

The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply with his order, it is recommended to the customer:

to inform the Company as soon as possible by e-mail sent to the address contact@chamberlan.fr , justifying the non-compliance of the article with the order,
as well as to return the items in question in their original packaging in perfect condition, unused and accompanied by all the accessories and documents provided as well as a copy of the invoice attached to the items delivered,
to keep any proof of the return of the article by registered mail, or by any other means giving a certain date; the return costs being – if the non-conformity of the article noted by the customer is proven – at the expense of the Company. Reimbursement will be made by crediting the customer’s bank account after the latter has sent proof of said costs.

In the absence of possible exchange of the returned item and if the customer does not wish to have a credit note with the Company, the reimbursement of the price invoiced for the returned non-compliant items will be made, by credit to the customer’s bank account. , no later than fourteen (14) days following receipt by the Company of the returned items.

Notwithstanding the specific warranty conditions that may be given to the customer with the item delivered, the Company’s items are subject to the following legal guarantees of conformity and relating to defects in the item sold:

Article L. 211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. “.

Article L. 211-5 of the Consumer Code: “To comply with the contract, the goods must:

1º Be suitable for the use usually expected of a similar item and, where applicable:

correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. »

Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them”.

Article 1648 paragraph 1e of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.

Article 14 – Force majeure

The execution by Chamberlan of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of any kind and supply problems of the Chamberlan company. Chamberlan will inform the customer of such a fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) days, the customer would then have the possibility of canceling the order in progress, and it would then be reimbursed under the conditions set out in article 8 of these General Conditions of Sale.

Article 15 – Non waiver

The fact that the Company refrains from requiring at any given time the execution of any of the stipulations of these general conditions of sale cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-execution.

Article 16 – Validity of the general conditions of sale

If any of the stipulations of these general conditions of sale is declared invalid in whole or in part, the other stipulations and the other rights and obligations arising from these general conditions of sale will remain unchanged and will remain applicable.

Article 17 – Disputes – Applicable law

These General Conditions of Sale are subject to French law. In the event of difficulty arising during the ordering or delivery of Chamberlan items, the customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of a consumer association or any other counsel of its choice, or to resort to any other alternative method of dispute resolution. Any dispute that may arise from the interpretation or execution of these General Conditions of Sale and its consequences will be subject to the exclusive jurisdiction of the French courts.