GENERAL TERMS AND CONDITIONS OF SALE
COTELAC, a simplified stock corporation with registered capital of € 1 360 800, registered in the BOURG EN BRESSE Registry of Trade & Companies under number 378 239 974, which has its head office at rue du Professeur Luc Montagnier – ZA En Pragnat Nord – 01500 AMBERIEU-EN-BUGEY - telephone number: 0437631111, and intracommunity VAT number : 378 239 974 - (hereinafter referred to as « acoté ») published the website accessible on www.cotelac.fr.
1. SCOPE OF APPLICATION – ACCEPTANCE OF GTCS
acoté is pleased welcome you to our Website (hereinafter referred to as the « Site »). This Site is an informational and e-commerce site that is accessible on the internet and is open to all adults who are not merchants (hereinafter referred to as the « Customer »), to whom acoté offers clothes and accessories for sale under the acoté brand (hereinafter referred to as the « Products »).
For application of these general terms and conditions of sale, it is agreed that acoté and the Customer will together be referred to as the « Parties ».
The Products offered for sale by acoté are those that are displayed on the Site on the day it is visited, subject to the available stocks thereof, in the following countries (hereinafter the « Territory ») :
- Balearic Islands
- Canary Islands
- Overseas departments & territories
- Metropolitan France ( apart from Corsica )
- The Netherlands
- Czech Republic
- United Kingdom
If a Product is unavailable, the Customer will be promptly informed by email.
Any order of a product offered on the Site presumes that the Customer has read and accepted these general terms and conditions of sale. Therefore, the order will not be validated if the Customer has not ticked off the box « I certify that I have read these general terms and conditions of sale, and accept them ». Consequently, the fact of placing an order implies the Customer’s full and unconditional acceptance of these general terms and conditions of sale.
acoté reserves the right to correct the content of these general terms and conditions of sale at any time without advance notice. It is understood that they remain valid notwithstanding any changes that might be made therein, for all orders in process on the date of any such changes.
If an important term or condition has been inadvertently omitted, the matter in question shall be deemed to be governed by the French practices and laws that customarily apply to on-line selling.
If any of the stipulations of these general terms and conditions of sale are deemed to be invalid or declared as such pursuant to a law or regulation, or by virtue of a decision rendered by a competent court, the other stipulations will remain in full force and effect.
In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, The Customer may save or print these general terms and conditions, on the condition that he does not change them.
2.1. Legal capacity to contract
The Customer declares under oath that he has the legal capacity to contract in accordance with the law, particularly articles 425 and 1146 of the Civil Code; that he is not a minor; and that he is not under a protective measure, in particular guardianship.
2.2. Creation of account
For an initial order, the Customer must open a « customer account » and fill out a form providing certain mandatory information, for acoté to take his order into account. Thereafter, for any new order, the Customer shall identify himself with his email address (identifier) and his password (which he must keep confidential) by clicking on the link « Identify yourself ».
The information transmitted by the Customer upon the opening of his account or upon each placement of orders must be complete, accurate and updated. Otherwise, acoté will not be able to execute the orders. If the Customer does not want to transmit such information, acoté will not be able to satisfy his order.
If the addressee’s identification data contain errors, acoté shall not be held liable for any consequences engendered thereby.
2.3. Placement of orders – Product characteristics
It is up to the Customer to select the Products on the Site that he wants to order. Placement of an order constitutes an obligation to pay for it.
The Product’s principal characteristics, properties and particularities are displayed on the Site. The Customer must take cognizance of them before placing an order.
acoté gives all due care to the accuracy of the display and description of Products offered on the Site (including photographs and graphics) within the limits of the technology and computer equipment that is used, in accordance with the highest standards in the market. However, it is possible that insubstantial errors might appear on the Site, which the Customer acknowledges and accepts.
A difference of perception between the Products and the photographs or graphics shown on the Site does not constitute nonconformity of the Product that is delivered. Also, minimal variations in the display of Products shall not render acoté liable in any regard or affect the validity of the sale.
After the Customer selects his Product on the Site’s page, the following page shows the selected Product, its description and composition, and the unit price. The Customer must then select the size before putting said Product in his basket.
The systems for automated recording of orders are deemed to constitute proof (not absolute) of the nature, content and date of the order. The Customer’s purchase confirmation constitutes an irrevocable acceptance of the order, which may be modified or cancelled only within the limits specified in these general terms and conditions of sale and by law.
acoté takes into account the order only after the Customer validates his payment on the Site. The BNP service will confirm to the Customer that the order is covered and the payment validated, at the email address transmitted by the Customer.
After the payment, acoté transmits to the Customer a document summarizing the order by email at the email address indicated thereby, immediately and, in any event, before delivery.
Said document, deemed to be an acknowledgement of receipt of the Customer’s order, contains all of the elements that constitute the contract between the Parties. The Customer may print the summarizing purchase order transmitted by email.
The Customer may monitor the progress of his order on the Site at any time in the « My account » rubric, or contact the Customer Service by email at email@example.com if he has any question related to his order.
acoté reserves the right to cancel the order of a Customer with whom there is a dispute regarding the payment of a previous order; and acoté may also cancel the order if the Products are not available. In the latter situation, acoté will promptly inform the Customer by email and will reimburse him for the price charged to the Customer’s bank card or his Paypal account.
2.4. In the case of e-reservation
After selection of the Product and the size, the Customer may, if he so desires, decline to purchase the Product online but reserve it directly, via the Site, in one of acoté shops.
Reservations of Products directly in shops are subject to the stocks available in acoté shops. The availability of the Product in a shop will be confirmed only when the shop selected by the Customer gives such confirmation thereto by SMS or email.
A Customer cannot make more than ten (10) reservations over a period of seven (7) days.
After the shop validates the reservation, the Customer has 24 business hours within which to go to the selected shop and try on the Product, without being obligated to purchase it.
The Parties expressly agree that, if either of them fails to meet any of its obligations, the provisions of article 1223 of the Civil Code will not apply.
3.1. With respect to online purchase
The prices are stated in euros, all taxes included for the Territories involved, apart from the delivery costs, of which the Customer is advised upon validation of the order and before any payment. The prices take into account the VAT rate in effect on the date of the order. Any change in the rate will be passed on to the Products after the date on which the new rate takes effect.
All of the prices are given subject to obvious typographical errors and/or computer bugs.
The prices are in effect throughout the period of validity indicated in the commercial offer. They are established pursuant to the economic conditions in effect at the time of the offer. acoté may revise or change them at any time. Any such changes, except for those related to taxes and special levies, apply only to orders validated subsequently thereto.
All orders placed and delivered outside of France may be subject to taxes and/or customs duties upon arrival at their destination. Any such taxes and/ or customs duties related to delivery of an order are to be covered by the Customer and fall within his responsibility. acoté is not required to verify, and inform the Customer of, the duties and taxes charged in the country of destination.
The Customer acknowledges and accepts that the prices of Products charged on the website and in the shops may differ, and that, under no circumstance, shall such difference of prices constitute a ground for claiming any reimbursement whatever for Products purchased on the Site or in shops.
3.2. In the case of e-reservation
The price charged upon the picking up and payment of the Products in a shop following an e-reservation must be that which is displayed on the Site at the time of the e-reservation.
Payment for reserved Products is made in the selected shop.
4. SECURE PAYMENT
When the Customer places an order on the Site, he must immediately pay the price thereof.
The payment is to be made in cash and in full – unless the server is unavailable – immediately on the internet by a payment card issued in France or abroad by Carte bleue, Visa and Eurocard /Mastercard, via the secure platform of our bank partner, BNP.
The banking transaction by bank card carried out between the Customer’s computer and the secure SIPS system of ATOS Origin, a BNP partner for online payments, is entirely encrypted pursuant to the SSL process and protected.
The Customer’s bank card is debited upon confirmation of the payment transaction carried out by the Customer in the secure payment environment integrated in the Site by acoté’s financial partner. Hence, the Customer authorizes his bank in advance to debit his bank card based on the recordings or statements transmitted via said secure environment, even in the absence of invoices signed by the holder of the bank card.
acoté reserves the right to refuse an order or to withhold deliver if a dispute exists with the Customer, the Customer has failed to pay all or any part of a preceding order, banks have refused to authorize the payment by bank card, or in the event of a default in payment or partial payment. Under no circumstance shall acoté incur any liability in that regard.
5.1. Modes and prices
The order is delivered by Chronopost (express mail service) to the address indicated by the Customer within 10 business days following validation of the payment in accordance with article 2.3 hereinabove.
When placing his order, the Customer must precisely indicate his identification data as well as the delivery address if such is different from his personal address. An error in the delivery address or the place of delivery or any other problem that requires a new delivery will result in the Customer being charged the actual costs thereof; and such delivery will be subject to the payment of these additional costs.
The Products ordered by the Customer will be delivered only in the Territory defined in article 1 hereinabove, and the shipment costs will be as follows:
Delivery prices :
In metropolitan France (apart from Corsica) : Shipment free of charge over 75€ or 7€
Outside of Metropolitan France, by Chronopost
- Azores : € 7.00
- Germany : € 7.00
- Austria : € 7.00
- Balearic : € 7.00
- Belgium : € 7.00
- Canary Islands : € 7.00
- Corsica : € 7.00
- Denmark : € 7.00
- DOM-TOM : € 7.00
- Spain : € 7.00
- Finland : € 7.00
- Greece : € 7.00
- Hungary : € 7.00
- Ireland : € 7.00
- Italy : € 7.00
- Luxembourg : € 7.00
- Madeira : € 7.00
- Norway : € 7.00
- The Netherlands : € 7.00
- Poland : € 7.00
- Portugal : € 7.00
- Czech Republic : € 7.00
- United Kingdom : € 7.00
- Slovakia : € 7.00
- Sweden : € 7.00
- Switzerland : € 7.00
5.2. Late delivery
In accordance with article L221-15 of the Consumer Code, acoté is responsible for proper execution of delivery. However, in the event of a strike or any other exceptional situation that slows down or prevents delivery of parcels, acoté will extend every effort to inform the Customer of the status of shipment of his parcel, but cannot be held liable for the delay.
In any event, timely delivery may occur only if the Customer has sent acoté accurate information regarding the addressee’s name and address. In the event of an error, acoté shall not be held accountable for the impossibility of delivering the Products on time and at the place indicated.
Subject to the foregoing, and in accordance with the provisions of article L. 216-2 of the Consumer Code, the Customer may rescind the contract for a failure to meet a delivery deadline, by registered letter or in writing on a durable medium, on the condition that the Customer had requested acoté beforehand by registered letter to make a delivery within a reasonable additional time.
The Customer will then be reimbursed within fourteen (14) days following the date of termination of the contract (receipt of the second registered letter by acoté) in accordance with the provisions of article L. 216-3 of the Consumer Code.
In the event of partial loss or defect upon delivery :
The Customer commits to verify upon delivery the number of delivered Products and the absence of any damage during shipment. In the event of a defect, the Customer shall write on the delivery slip clear, specific and detailed reservations with respect thereto.
The Customer shall submit a justified complaint by registered letter, within three (3) days of receipt of the ordered Products, to our Customer service at the following address::
COTELAC - Rue du Professeur Luc Montagnier - ZA en Pragnat Nord - 01500 AMBERIEU EN BUGEY,
In accordance with article L. 224-65, if the shipper fails to prove that it gave the Customer the possibility of actually verifying the proper state of the Product, this deadline is extended to ten (10) days after receipt of the Product.
Otherwise, the Customer will be deemed to have received the Products in the quantity that was ordered and without damage, and will not be entitled to claim any indemnification.
In the event of total loss:
The Customer must submit the same complaint to the Customer service.
In the event of non-conformity of the delivered Product with the order:
The Product may be refused without additional costs for the Customer, or returned to the Customer service, in perfect condition and in its original packaging or in a packaging that provides similar protection. The Product will be exchanged without additional costs for the Customer.
6 LEGAL WARRANTY
In accordance with the law, it is specified that acoté guarantees the Customer, without additional payment and apart from the right of retraction, against:
- defective conformity of the Product under the conditions of article L217-4 et seq. of the Consumer Code;
- and hidden defects of the Product under the conditions of articles 1641 et seq. of the Civil Code.
The legal warranty of conformity, from which acoté cannot exempt itself, or restrict the scope thereof, applies independently of any commercial warranty that might exist.
If an action based on the warranty against hidden defects is initiated within two years following the Customer’s discovery of a hidden defect, under the conditions specified in articles 1641 et seq. of the Civil Code, the Customer may demand cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
Subject to the foregoing, any return of a Product by the Customer must be agreed to beforehand by acoté, which may request any elements that support the Customer’s complaint: e.g. details, photographs, etc.
In the event of non-conformity of a delivered Product, the Customer may request acoté either to repair or replace it. However, acoté may refuse the mode of redress proposed by the Customer and choose the other mode, if the Customer’s choice engenders a cost that is disproportionately greater (paragraph 2 of article L. 217-9 of the Consumer Code).
Also, the Customer may request a price reduction or rescission of the contract in the three following cases (article L. 217-10 of the Consumer Code) : (i) if a repair or replacement is impossible; (ii) if the Product involved cannot be brought into conformity within one month following the Customer’s complaint, or (iii) if the Product cannot be brought into conformity without creating a major inconvenience for the Customer given the nature and the intended use of the Product. However, rescission of the contract cannot be requested for a minor lack of conformity.
In any event, the Products must be returned in their original condition and complete, along with copies of the delivery slip and the invoice or, otherwise, the Customer’s identification data and his order number, to the following address:
COTELAC - rue du Professeur Luc Montagnier – ZA En Pragnat Nord – 01500 AMBERIEU-EN-BUGEY
The Customer is advised to provide proof of the return.
Products that the Customer returns incomplete, modified, spoiled or damaged will not be reimbursed, replaced or repaired.
Subject to compliance with the conditions set forth hereinabove, if the Customer incurs costs for the return of an article (other than an Outlet article) that shows a lack of conformity which is verified by acoté, acoté will be responsible for reimbursing the return postage according to the price list (delivery by Colissimo without being registered) displayed by the Post Office as of the 1st March of the current year, by using the same means of payment that was used to pay for the order (credit to the bank account related to the bank card that was used), within thirty (30) days following acoté’s receipt of the returned Products. The Customer must transmit documentation of the costs of return incurred to the Customer service at the following address : firstname.lastname@example.org. In the event of abnormal or abusive complaints, acoté reserves the right to refuse reimbursing the Customer for the costs of return.
7 TIME FOR RETRACTATION
In accordance with Act n° 2014-344 of 17 March 2014 regarding consumption, the Customer has fourteen (14) calendar days from receipt of the Products ordered on the Site, within which to exercise his right to retract without a need to provide reasons for his retraction and without the payment of penalties.
If the Customer wants to retract, he may do so by using the retraction form provided for that purpose, which is available:
- online on the Site, Click here to download the retraction form;
- in the Product shipment package;
- or may do so by a very clear statement expressing his intention to retract, prior to expiration of the aforesaid time limit, in accordance with the provisions of articles L221-21 and L221-22 of the Consumer Code.
The Customer must return the Products at his expense. Only Products that are returned in a perfect condition for resale, unworn (except for a brief trying on to ensure that the Product fits the Customer), labelled, unwashed and in their original packing and packaging or in a packaging that provides similar protection, to the following address: :
SAS COTELAC, ZA en Pragnat Nord, Rue du Professeur Luc Montagnier, 01500 AMBERIEU en BUGEY.
In any event, the Products are not taken back in shops.
In accordance with article L221-23 of the Consumer Code, the Customer must return the Products within fourteen (14) days following the communication of his decision to retract. It is the Customer’s responsibility to provide proof of this return, with the costs and risks thereof being borne by the Customer.
Subject to compliance with the time limit and the conditions set forth hereinabove, acoté will reimburse the total amounts paid by the Customer, including the costs of initial delivery that acoté may have billed to the Customer, by using the same means of payment that was used to pay for the order (credit to the bank account related to the bank card that was used), within fourteen (14) days following the date on which the Customer informed acoté of the exercise of his right of retraction.
If the Customer does not exercise his right of retraction as stipulated above, whereas he has reshipped the Product to acoté, the Customer may again receive, at his expense, the Product he returned in the state in which it was returned to acoté.
A retraction after a period of fourteen (14) days will be rejected, and COTELAC will be released from any responsibility in that regard.
All Products sold by acoté comply with the standards applicable in France.
acoté disclaims all liability, including under the legal warranties, in the following situations:
- The Customer’s failure to follow the instructions for maintenance and cleaning of the Product.
- Normal wear and tear of the Product
- Abnormal use or preservation of the Product,
In any event, consequential damage and/or indirect financial loss are not covered. acoté’s warranty is limited strictly to replacement or reimbursement of Products that are non-conforming or defective.
acoté has an obligation only of best efforts with respect to all of the stages of access to the Site, the order process and finalization of payment.
acoté does not assume any liability or give any guarantee with respect to defective functioning of the internet, particularly a delay in transmissions or any other malfunctioning. acoté does not give any guarantee with respect to non-blocking of messages transmitted by electronic means.
acoté disclaims any and all liability for temporary or permanent damage to the Customer’s computer system, or for any losses or damage that might be incurred, particularly following access to or surfing on the Site.
The transmission of data via the internet may entail errors and/or the fact that the Site is not continuously available. Consequently, acoté disclaims any and all liability for unavailability or interruption of the online service.
acoté does not assume any liability whatsoever if a Customer uses the Site in a fraudulent way.
9 FORCE MAJEURE
acoté’s liability shall not be sought in the event of belated execution of any of its obligations or the inability to execute any of them, following:
- a situation of force majeure as defined in case law;
- labour conflicts, partial or total strikes at sales outlets, suppliers, service providers, carriers, telecommunications, public services, etc.;
- interruption of supplies, electrical power and transportation;
- general governmental decisions;
- or any other cause that is beyond acoté’s control.
The Party impaired by an event of force majeure must promptly inform the other Party of its inability to execute its obligations. Under no circumstance shall a suspension of its obligations constitute a cause of liability for a failure to execute the obligation in question, or lead to the payment of damages.
As soon as the event responsible for the suspension of their obligations disappears, the Parties shall extend every effort to resume normal execution of their obligations.
Thirty (30) days after the interruption of delivery by virtue of force majeure or similar causes, acoté reserves the right to decline to honour the order, with it being responsible for reimbursing the Customer within thirty (30) days following the cancellation thereof.
10 COMPUTERIZED DATA PROCESSING AND INDIVIDUAL RIGHTS
All of the texts, comments, photos, trademarks, graphics, designs, illustrations and images comprising the Site are acoté’s property and are protected by intellectual property rights in France and throughout the world. Any total or partial reproduction of the Site is strictly prohibited.
The collection of nominative information for online sales is mandatory, since such information is indispensable for processing and forwarding orders and issuing invoices. A failure to provide the required information results in invalidation of the order.
To make purchases on the Site, the Customer must create an account and select an email address and a password that he uses whenever he wants to access the Site. Hence, the Customer’s personal information is protected by a password in such a way that only the Customer has access to it. acoté advises the Customer not to disclose his password. The Customer must also disconnect from his profile and close the window of his navigator at the end of each working session, particularly when he uses group computer equipment. The Customer will thus prevent other users from getting access to his personal information. The Customer alone is responsible for his password, and bears the consequences of any fraudulent use thereof.
In accordance with the General Data Protection Regulation and the CNIL III Act, personal information regarding Customers is subject to secure processing. In particular, the Customer has the right to access, modify, rectify and delete his data, which he may exercise with acoté.
To exercise these rights, the Customer should send an email at the following address email@example.com
Moreover, acoté commits that it will not transmit -- either free of charge or for payment of a consideration -- its Customers’ identification data to a third party. However, it may use these data for itself or for companies of the same group.
In that regard, acoté advises the Customer to consult its confidentiality policy regarding personal data processing, which is accessible on the Site.
The fact that acoté abstains from requiring the execution of any provisions of these GTCS at a particular time shall not be deemed a waiver of its right to subsequently invoke said total or partial non-execution.
12 APPLICABLE LAW - LANGUAGE
These general terms and conditions of sale and the order confirmation transmitted to the Customer constitute a contractual whole and the entirety of the contractual relationships between the Parties.
These GTCS and the transactions resulting therefrom are governed by and subject to French law.
These GTCS are drawn up in French. If they are translated into foreign languages, only the French version has legal value in the event of dispute.
Any disputes that might arise regarding the validity, interpretation, execution, rescission and consequences of purchases and sales carried out pursuant to these GTCS, which acoté and the Customer are unable to resolve, will be submitted to the competent courts pursuant to the terms and conditions of general law.
The Customer is informed that, in any event, he may have recourse to contractual mediation, particularly thorough the « Online Settlement of Disputes » platform accessible at the following address: http://ec.europa.eu/consumers/odr/; contact the existing sector-based mediation bodies; or use any alternative mode of settling disputes (for example, conciliation).
Mediator’s contact data : https://conso.medicys.fr/, or by post, Medicys, 73 boulevard de Clichy, 75009 Paris
14 PRECONTRACTUAL INFORMATION– ACCEPTANCE BY THE CUSTOMER
Prior to placing his order, the Customer acknowledges that he has received in a clear and comprehensible way these GTCS and all of the information indicated in articles L. 111-1 to L. 111-7 of the Consumer Code, and, in particular:
- The Products’ essential characteristics, taking into account the communication medium that is used and the Products involved.
- The price of the Products, and the ancillary costs (e.g. delivery).
- In the absence of immediate execution of the contract, the date or time specified by acoté for delivery of the Product.
- The information regarding the seller’s identity (acoté), its postal address, telephone number, email address, and its activities, if they fall within the context.
- The information regarding legal warranties and the terms and conditions for exercising them.
- The functionalities of the digital content and, if applicable, its interoperability.
- The right of contractual mediation in the event of a dispute.
- The information related to the right of retraction (existence, conditions, time limit, modes of exercising this right, and the retraction type form), the costs of return of Products and other significant contractual terms and conditions.
The fact that a Customer places an order on the Site carries with it full adherence and acceptance of these GTCS, which is expressly acknowledged by the Customer, who, in particular, waives the right to invoke any contradictory document, which would be unenforceable vis-à-vis acoté.