TERMS AND CONDITIONS FOR USE OF THE WEBSITE
GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions for use and general terms and conditions of sale (hereafter the “GTCS”) apply exclusively between any user of the on-line sale website www.comptoirdescotonniers.eu (hereafter the “ Website “) and the company Comptoir des Cotonniers, a simplified joint stock Company with capital of 2 600 000 euros, and head office at 151 rue Saint Honoré – 75001 PARIS, registered in the Paris Trade Registry under number 720 802 776 (hereafter “ Comptoir des Cotonniers “ or the “ Seller “).
The purchase of products for sale on the Website is reserved for adult private individuals, not traders, possessing their full legal capacity (hereafter the “Customer”).
The Customer undertakes to read carefully these GTCS before using the Website. The act of placing an order on the Website entails the Customer’s full and entire agreement with these GTCS of which he recognises having full knowledge.
Before placing an order on the Website, the Customer must open a customer account. For this purpose, he must complete a form in the “My account” section with his personal details, and the Customer undertakes to give true information and not to steal the identity of a third party nor modify his age.
The Customer indicates notably his e-mail address and a password (containing at least 8 characters) which shall be used for identification on the Website subsequently. The identifier and password are personal and the Customer undertakes not to divulge them.
The prices of products on the site are in euros, including all taxes, and do not include the delivery costs, of which the amount is specified before final confirmation of the order.
In the event of an evident pricing error, which can notably be due to a technical problem, Comptoir des Cotonniers reserves the right not to accept the order.
The products remain totally the property of Comptoir des Cotonniers until full payment of the price.
When an order is placed using a promotional code offering a reduction linked to the simultaneous purchase of a predetermined number of articles, the return of one or several articles by the Customer may result in the cancellation of the reduction, when the number of articles necessary for this reduction is no longer met. The refund to the Customer shall take account, according to the case, of the fact that the reduction is no longer applicable and the difference shall therefore be charged to the amount refunded to the Customer in respect of the returned articles.
The products for sale are displayed on the Website according to their availability, and the offers remain valid for as long as they remain visible on the Website.
Comptoir des Cotonniers reserves the right, at any time, to withdraw any product for sale on the Website.
In the event that a product is no longer available after an order has been confirmed, the Customer is informed rapidly by e-mail and the missing item(s) is/are automatically cancelled and refunded.
The descriptions of products for sale on the Website are purely indicative. Similarly, the pictures may differ slightly from reality, notably due to the configuration of the display parameters of the computer used.
To place orders, the Customer must register or identify himself through his customer account and follow the on-line buying process by adding the products to his basket. By viewing his purchase basket page, the Customer may take note of the various delivery methods and their cost, and the concerned countries.
After having confirmed the order and chosen the delivery method, the Customer must check the products ordered and take note of the GTCS. Once the Customer has clicked on “Pay for my order”, he is presumed to have accepted the GTCS, the prices of the products, the contents of his order and the delivery address.
After payment, the Customer shall receive an e-mail confirming the order. This e-mail does not constitute acceptance of the order by Comptoir des Cotonniers, who reserves the right to refuse an order, notably in the event of exceeding the limit linked to the forbidding of purchases for resale, the abnormal character of the order, abnormal or abusive complaints or returns, existing disputes with the Customer or non-payment of a previous order.
Comptoir des Cotonniers may not be held liable for a typing error by the Customer preventing the receipt of the e-mail confirming the order and/or delivery of the order.
Payment for the order may be carried out by credit-note, e-card present, bank card (Carte Bleue, Visa, Mastercard or American Express) or Paypal.
In the event of payment by bank card, the amount is debited when the order is confirmed, after confirmation from the bank having issued the card. In the event of refusal by the bank, the order shall be automatically cancelled.
The security of the transactions is ensured by Adyen by encryption of the bank details through the SSL protocol. When the Customer registers his bank card for future purchases, the data are also encrypted. At no point do the Customer’s bank details pass through Comptoir des Cotonniers’ IT system.
In the event of fraudulent use of his bank card, after having placed a “stop” with his bank, the Customer should contact the e-boutique Customer Service Department who will indicate the steps to take: - either by telephone on the following number: +33 1 43 12 04 44, from Monday to Thursday from 9.00 to 18.00 and Friday from 9.00 to 15.30
- or by e-mail firstname.lastname@example.org
6.1 Country of delivery The products for sale on the Website are delivered only to the following countries:
|Metropolitan France||Finland||Malta||United Kingdom*|
*If you wish to have a delivery made to the United Kingdom, please contact the boutique comptoirdescotonniers.co.uk
We do not deliver to the following destinations due to customs procedures:
- French Overseas Departments or Territories,
- Other Overseas dependencies and countries,
- Büsingen and Helgoland island (Germany),
- Faroe Islands, Greenland (Denmark),
- Canary Islands, Ceuta, Melilla (Spain),
- Aland islands (Finland),
- Mount Athos (Greece),
- Campione d'Italia, Livigno, San Marino and the Vatican (Italy),
- Guernsey. (UK).
6.2 Delivery times Comptoir des Cotonniers uses its best efforts to ensure prompt delivery of the orders. Orders registered on the Website as from Friday 13.00, Saturday or Sunday shall only be processed on the following Monday. Orders registered on the Website on French public holidays shall be processed on the following working day.
As from dispatch of the order, the average delivery times are as follows:
- 24 hours by Chronopost only for France and for all orders placed before 12.00 (deliveries from Monday to Saturday exepting public holidays)
- 2 to 5 working days by Colissimo for France;
- 5 to 10 working days by international Colissimo (except for the UK)
The delivery may however be delayed for reasons outside the control of Comptoir des Cotonniers. In this case, Comptoir des Cotonniers undertakes to keep the Customer informed of the situation.
A delivery is presumed to have been carried out as soon as the transporter’s control system registers the placing of the parcel at the Customer’s disposal (delivery against signed receipt).
If the parcel is damaged or its content does not comply with the order, the Customer must contact the e-boutique Customer Service Department of Comptoir des Cotonniers within fifteen (15) days of the receipt of the products, in order to arrange the return of the products in compliance with the procedure set out in article 8.2.
The Customer has a right of cancellation of fourteen (14) days following the date of receipt of the Products, in order to return the product(s) ordered without having to give a reason nor pay penalties, in compliance with Directive 2011/83/EU of 25 October 2011 as transposed.
Any cancellation of an order must be notified by all chanels and particulary:
- either by phone on +33 1 43 12 04 44, from Monday to Thursday from 9.00 to 18.00 and Friday from 9.00 to 15.30,
- or by completing the cancellation slip available in the Customer account, section “Tracking orders”, to be returned by e-mail to email@example.com or by post to Comptoir des Cotonniers, Service Clients e-boutique 151 rue Saint Honoré - 75001 Paris, France.
After having notified Comptoir des Cotonniers of the cancellation, the Customer must return the products concerned within 14 days maximum as from this notification, accompanied by the return slip (to be completed on line and printed by going to the Customer Account, section “Tracking orders”).
The return of products by exercising the right of cancellation must be carried out in compliance with the conditions set out in article 8.2 below.
Reimbursements for products under the right of withdrawal must be requested within fourteen (14) calendar days from the date of notification of withdrawal or deferred until the day on which the Products are received by Comptoir des Cotonniers.
Without prejudice to the provisions of the right of cancellation indicated in article 7, Comptoir des Cotonniers offers Customers a total period of thirty (30) calendar days as from the date of receipt of the products to return all or part of their order not giving them satisfaction, to obtain a credit note or be refunded.
No product bought on the Website may be taken back in a shop.
In the event of abnormal or abusive returns, Comptoir des Cotonniers reserves the right not to accept the return and to refuse a subsequent order.
None of the products returned by the Customer, whether under the right of cancellation or the “satisfied or money back” guarantee, must have been used, damaged, dirtied or washed by the Customer. They must be returned in appropriate wrapping and accompanied with the return slip (to be completed on line and printed by going to the Customer Account, section “Tracking orders”). Also, shoes must be returned in their box, but we ask you not to use this box as a transport box.
The cost of the return is payable by the Customer.
The products must be returned to our warehouse, at the following address:
Comptoir des Cotonniers
101 av. de l’Europe – Bât B
31620 Castelnau d’Estretefonds – FRANCE
Comptoir des Cotonniers may not be held liable for any loss or damage incurred during the transport, Customers are therefore advised to use a service with tracking. In the event of loss or damage during transport, the Customer must contact his transporter directly.
If the articles are not received at the warehouse, Comptoir des Cotonniers shall not be able to process the return.
8.3 Refund Once the products are returned and checked by Comptoir des Cotonniers, the Customer shall be refunded in compliance with the method chosen on his return form. The reimbursement shall be made within thirty (30) calendar days as from the date of receipt of the Products by Comptoir des Cotonniers.
All the Products are covered by the legal compliance guarantee provided for in the French Consumers’ Protection Code, as well as the Civil Code guarantee concerning hidden defects, providing that the use was normal and that the care advice was followed:
Consumers’ protection code:
The seller is obliged to deliver goods complying with the contract and to answer for the compliance defects existing on delivery.
It also answers for the compliance defects resulting from the packaging, the assembly instructions or the installation when it is contractually bound to carry out the installation or when this is carried out under its responsibility.
To comply with the contract, the article must:
1º Be specifically for the use habitually expected for a similar article and, according to the case:
- correspond to the description given by the seller and possess the qualities which the latter has presented to the buyer as a sample or model;
- present the qualities which a buyer may legitimately expect in view of the public declarations made by the seller, by the manufacturer or by its representative, notably in the advertising or labelling;
2º Or present the characteristics defined by mutual agreement between the parties or be specifically for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.
Any legal action resulting from a compliance defect is statute-barred two years after delivery of the article.
The seller is bound by the guarantee concerning hidden defects of the item sold making it unfit for the use intended for it, or which reduce this usability so that the buyer would not have bought it, or would have paid a lower price if he had been aware of them.
Any legal action resulting from prohibitive defects must be instigated by the buyer within two years as from the discovery of the defect.
All the intellectual property rights of the Website and its contents belong exclusively to Comptoir des Cotonniers. No total or partial reproduction, use or modification of an element of the Website, in whatever form, may be carried out without the express authorisation of Comptoir des Cotonniers who reserves the right to instigate legal action in respect of intellectual property.
The Customer is granted a limited licence, including consultation and use of the Website personally, and excluding downloading or modifying the contents, wholly or partly, without the express written agreement of Comptoir des Cotonniers. This licence excludes any use of the Website for commercial purposes or resale, any recuperation and use of descriptions or tariffs of the products, any derived use of the Website or its contents, or any use of data exploration tools, indexation robots or tools for the collection and extraction of data. It is forbidden to reproduce, duplicate, copy, sell, or in any other way use all or part of the Website for commercial purposes without express written authorisation. It is forbidden to use techniques enabling the incorporation of any commercial brands, logos, exclusive information (including pictures, texts, page layouts or forms) belonging to Comptoir des Cotonniers without express written authorisation. It is forbidden to use meta tags or any other “hidden text” using the name or commercial brands without express written authorisation.
The personal information collected on the Website is processed by Comptoir des Cotonniers for the purposes of managing the customer relationship and prospection. It is accessible at all times in the section “My account”.
In compliance with the French data protection law of 6 January 1978, modified in 2004 (hereafter the “data protection law”), the Customer has a right of access, rectification, deletion and opposition relating to his personal data. To exercise it, he must send a letter to the following address: Comptoir des Cotonniers - Service Relation Clients e-boutique 151 rue Saint Honoré, 75001 Paris – France.
In compliance with the data protection law, the processing of personal information collected on the Website has been the subject of a declaration to the National Data Protection Commission (declaration n°1225721).
Comptoir des Cotonniers transmits no personal information to third parties for the purposes of prospection, but may divulge it to legally authorised organisations and authorities, to the extent that the divulgation is required or authorised by law, or when Comptoir des Cotonniers considers it necessary or appropriate in order to comply with laws and other applicable texts, or to protect or defend its rights or those of its employees, customers or any other person.
If the Customer has given prior agreement, he may receive marketing e-mails or SMS from Comptoir des Cotonniers from which he may unsubscribe, for e-mails, by clicking on the unsubscribe link at the foot of each e-mail received and for SMS by clicking on STOP in each SMS.
All the personal information is stocked by the Website hosting service provider, whose contact details are shown on the Website in the section “Legal notice”.
In no case does Comptoir des Cotonniers request confirmation by e-mail of the details of the account or those of a bank card. If the Customer receives an e-mail purporting to have been sent by Comptoir des Cotonniers or another Fast Retailing group company asking him for such information, he should not reply.
When accessing the Website, Comptoir des Cotonniers uses “cookies” in order to keep a record of the Customer’s visit and thus to personalise his experience. Cookies speed up searches and enable a Customer to be recognised when he revisits the Website. They do not enable personal information to be gathered or stored.
The Customer may at any time refuse the cookies by activating the parameters of his browser. However, in selecting these parameters, he runs the risk of not having access to parts of the Website or limiting the functionalities thereof.
The Customer may modify the parameters of his browser to refuse the cookies in the following way:
On Mozilla Firefox:
- 1. Select the menu “Tools” then “Options”
- 2. Click on the icon “Private life”
- 3. In the menu “Cookies”, select the desired options
On Microsoft Internet Explorer:
- 1. Select the menu “Tools” then “Internet Options”
- 2. Click on the tab “Confidentiality”
- 3. Select the desired parameter with the cursor
On Opera 6.0 and subsequent versions:
- 1. Select the menu “Files” > Preferences
- 2. Confidentiality
On Google Chrome:
- 1. Select in the menu the tab “Options”
- 2. “Advanced parameters”
- 3. Click on “delete data history” under the section “Confidentiality”
- 4. Select “Cookies” click on “Delete data history”
Comptoir des Cotonniers shall not be liable for the delay in the total or partial execution or non-execution of its obligations, if that is provoked by a force majeure event, notably in the event of perturbation or total or partial strike of the postal services and means of transport and/or communication, floods or fire. Comptoir des Cotonniers shall inform the Customers of a force majeure event, at the latest within five (5) working days following its occurrence. Comptoir des Cotonniers shall use its best efforts to inform the Customer, as quickly as possible, of the means of transport for his order during the period affected by the force majeure event.13.2 Partial non validity
If one of the provisions of these GTCS were found to be null and void or not binding, the other GTCS would remain valid, unless the invalidated obligation were an essential obligation of which the deletion or cancellation prevented the application of the whole of the GTCS.13.3 Conservation and archiving of transactions
The invoices are archived on a reliable and lasting format so as to constitute a faithful and lasting copy.13.4 Changes to the GTCS
Comptoir des Cotonniers reserves the right to change, modify, add to or delete all or part of these GTCS, at any time. Any modification to the GTCS shall be published on the Website. The date shown in the heading of these GTCS shall be modified to indicate the date of the latest update. The GTCS applicable to an order are those in force as at the date of payment for the order.13.5 Mediation
In accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes”, the Customer has the right to resort to a mediation service free of charge. Electronic link to the Online Dispute Resolution (ODR) Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The Fédération de la Maille et de la Lingerie has signed a framework agreement with the MEDICYS mediation agency that enables its members, including Comptoir des Cotonniers, to seek out-of-court dispute arbitration. This mediation agency can be contacted:
- Electronically at: https://www.medicys.fr/
- By mail at: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice - 73, Boulevard de Clichy, 75009 Paris, France
Disputes cannot be examined by the consumer mediator until:
a) The Customer has provided proof that he/she has first made an attempt to settle the dispute directly with the Seller through a written complaint;
b) The Customer files the request with the mediator within a period of less than one year from the date of the written complaint sent to the Seller.
The request must not be clearly unfounded or abusive. Lastly, if the dispute has already been examined or is being examined by another mediator or by a court, or if it does not come within his/her sphere of competence, the mediator must refuse the Customer’s request. If the request is not deemed admissible, the mediator informs the Customer of the refusal of his/her request for mediation within three weeks of receiving the Customer’s file.
These GTCS are subject to French law. In the event of a dispute, French courts shall have sole jurisdiction. The Parties undertake however to seek an amicable solution before taking any legal action.
N.B. Throughout this document, the words “he/him/his” concerning the “Customer” may be taken also to mean “she/her/hers”.