General conditions of sale
Last updated January 22, 2024.
I- APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (the “Terms”) apply to all orders placed on the elisechalmin.com website (the “Site”) by any user (the “Customer”). Their purpose is in particular to inform the Customer about the terms and conditions for placing an order online, delivery of the products that are the subject of his order and the conditions for returning and refunding the products ordered.
These Conditions are applicable without restriction or reservation to all products offered for sale on the Site. Any order for one or more products on the site implies consultation and unreserved acceptance by the Customer of these Conditions and the applicable prices. These Conditions prevail over any other document.
Elise Chalmin SAS reserves the right to modify these Terms at any time. Such modifications will be effective as soon as they are visible on the Site. If you continue to use the Site after such modifications, this will constitute your acceptance of the new general terms and conditions of sale. It is therefore important to regularly consult the Terms in order to know the latest updates. If you do not accept these modifications, please stop using the Site immediately.
The conditions applicable to any order are those in effect at the time of the order.
Any buyer on the Site is deemed to have read and accepted these Conditions in their entirety before confirming their order.
II- SITE AND ACCESSIBILITY OF THE SITE
www.elisechalmin.com is an e-commerce site owned by the company Elise Chalmin, a simplified joint-stock company with capital of 1,000 euros, whose head office is located at 51b rue Condorcet 75009 PARIS (France) registered with the Paris Trade and Companies Register under number 832 600 175 (the “Company”).
The Site is published by the Company and hosted by Wix.
III- AVAILABILITY OF PRODUCTS
You can purchase our products while stocks last, and offers remain valid as long as they are visible on the Site. We reserve the right to withdraw any product for sale on the Site at any time.
In the event of a product being unavailable after validation of your order, we will inform you by email as soon as possible. We will then offer you a new delivery time or an equivalent product or a refund for this item.
IV- PRODUCTS
The products sold by the Site are identified by one or more photos, by a descriptive text in French and a price including tax in euros.
The photographs taken for the Site are intended to be as faithful as possible to the products sold. However, we cannot guarantee perfect similarity between the photos and the articles because the colors reproduced may vary from one computer to another. Thus, the photographs are presented for information purposes only and are not contractual.
Textile prints are not mass produced but handcrafted, so the color density and placement of patterns may vary from one item to another.
The products remain the property of the Site until full payment of the price.
V-PRICE
Product prices are indicated in euros, all taxes included, and take into account the value added tax (VAT) in force on the day the order is validated.
The Company reserves the right to modify the prices of products sold on the Site at any time and without notice.
The price of the products sold on the Site applicable to the Customer's order is that appearing on the Site at the time of validation and payment of the order by the Customer.
The price of the products sold on the Site does not include:
- the shipping costs of the products in the order or any additional costs that will be indicated to the Customer at the latest at the time of payment of the order. Shipping costs vary according to the delivery address, the weight and volume of the items, and are specified as the order progresses, in your shopping cart.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. The Company is not liable for these duties and amounts, they will therefore be your responsibility and will be your responsibility both in terms of declarations and payment to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
- any costs remaining the responsibility of the customer relating to telephone communications with customer service and/or electronic communications necessary for ordering products made through the Site.
VI- ORDER TERMS
In order to place an order for products on the Site, the Customer is informed that he must:
- Be at least 18 years old;
- Be legally capable of making purchases of the products ordered;
- Be the holder of the bank card used to pay for the order or, failing that, be duly authorized to use it to pay for the order.
The Customer guarantees the Company that he/she meets all of these conditions and that the bank account associated with the means of payment used on the Site to pay for his/her order has sufficient funds to satisfy his/her purchase obligation.
2- Order processThe Customer may select as many Products as they wish, which will be added to the shopping cart (the "Shopping Cart"). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Shopping Cart before confirming their Order. Validation constitutes proof of the Customer's validation of the entire order and the due date of the amounts due in execution of said order, as well as full and unreserved acceptance of all of these Conditions and the quote relating to the order.
A confirmation email will be sent to the Customer. The invoice can be sent by email following a request to customer service. To this end, the Customer formally accepts the use of email for confirmation of the content of his Order and to receive his invoice electronically.
All data provided by the customer throughout the placing of the order and the confirmation by the Company of the registration of the order will constitute proof of the transaction.
The order is only final once the Customer has paid the order price in full.
VII- PAYMENT
Any order placed on the Site must be paid for at the time of ordering. The order will only be executed after the Customer has paid the full amount of the order.
Payments are made online using a secure online payment system. Orders can be paid by credit card or via Paypal. The Company works with the Stripe banking payment solution which uses the latest and most reliable security systems including PCI DSS certification. Stripe and Paypal encrypt this data using the SSL protocol to guarantee the security of this data.
The execution of the order will be carried out after agreement from the bank payment center. In case of agreement from the latter, the account will be immediately debited and the order validated. In case of refusal, the order will be canceled.
Please note that there is no obligation to have a Paypal account to make a payment. You can pay directly on the Paypal platform with your bank card (visa, Mastercard, AMEX).
You can also pay for your order with Apple Pay.
Receipt of the confirmation email from the Company confirms that your order has been processed. The email confirmation of the electronic payment serves as an invoice.
The order validation date corresponds to the date of payment by bank card online.
VIII- DELIVERY
Deliveries are made in Metropolitan France as well as internationally. Items in stock will be shipped within a maximum of ten (10) working days after your order is registered.
The products are delivered at the Customer's expense, to his home or to the address indicated by the Customer during the ordering process. It is the Customer's responsibility to verify the accuracy of the information mentioned when ordering.
From the dispatch of the order, the average delivery times are as follows:
- 2 to 5 working days by private parcel for France
- 3 to 7 working days at a relay point in France with Mondial Relay
- 5 to 10 working days by international Colissimo
- 24 working hours by Chrono Express (if the order is validated before 1 p.m. from Monday to Friday)
Delivery may however be delayed for reasons beyond our control. In this case, we undertake to keep the Customer informed of the situation.
Shipping costs
> France:
Mondial Relay delivery:
- €4.00 up to €249.99 purchase
- Free from 250 € of purchase
Private Parcel Delivery: €5.00
Chrono Express delivery: 14 euros
> International
- Between €9.00 and €20.00 depending on the area
The Customer is informed that the delivery of the products is carried out by Colissimo, Chronopost or Mondial Relay and consequently authorizes the Company to transmit his personal data for the purpose of enabling the latter to deliver his Order to the delivery address that he provided when placing the order.
The Customer receives via email from Colissimo , Chronopost or Mondial Relay the tracking number assigned to the package, allowing them to follow the delivery process of their order.
The Customer is informed that it is their responsibility to provide exactly all the details necessary for the correct routing of their order and the perfect delivery of the products ordered (access code, access specification such as building, floor for example).
If the Customer is absent at the time of delivery, a delivery notice will be left in the letter box.
We assume no liability for loss, theft, damage or delay in delivery due to errors or disruptions attributable to carriers.
IX- RIGHT OF WITHDRAWAL
In accordance with the provisions of article L121-21 of the Consumer Code , "the consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded remotely" and this without having to justify reasons or pay penalties, with the exception of shipping costs .
A. Deadline and formality
This period begins to run from the day of delivery to the Customer of the product(s) subject to his order. In the case of an order for several products delivered separately, the period runs from the receipt of the last product.
The Customer exercises his right of withdrawal before the end of the fourteen-day period, without having to justify his decision by any unambiguous declaration expressing his desire to withdraw in accordance with the coupon which details the procedure to follow for the return of the products delivered with each order.
When returning, please return the order in its original packaging, indicating your name and order number and the returned product.
B. Reimbursement
Subject to the perfect condition of the returned product, reimbursement will be provided by the Seller, using the payment method of its choice, within a maximum of fourteen days from the date of receipt of the returned product or the date of receipt of proof of shipment.
The Company will make the reimbursement using the same means of payment as that used by the Customer when paying for their order.
In accordance with the provisions of Article 121-21-28 of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalized such as clothing made to order.
Without prejudice to the guarantee of conformity or hidden defects, items on sale or discounted may be subject to a credit note.
All products returned by the Customer must not have been used, damaged, soiled or washed by the Customer. They must be returned in their original packaging.
A fee of €6 will be deducted from the refund amount, this fee corresponds to the return shipping cost. Unless we made a mistake in sending the original order.
International returns are entirely at the customers expense.
The Company cannot be held responsible for any loss or damage occurring during transport, it is therefore recommended that the Customer use a tracked shipping service. In the event of loss or damage during transport, the Customer must contact their carrier directly.
If the items are not received at the address indicated above, the Company will not be able to process the return.
X- GUARANTEES
All products sold on the Site benefit from the following legal guarantees:
A- Legal guarantee of conformity
In accordance with article L211-4 of the Consumer Code
" The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility ."
In accordance with article L211-5 of the Consumer Code
“ To comply with the contract, the property must:
- be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling.
- or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .”
In accordance with article L211-12 of the Consumer Code, “ The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods .”
B- Guarantees against hidden defects
In accordance with Article 1641 of the Civil Code:
“ The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them .”
In accordance with article 1648 of the Civil Code, paragraph 1:
“ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect .”
XI- PERSONAL DATA AND COOKIES
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the site is the subject of a CNIL (National Commission for Information Technology and Freedoms) declaration under number 2114152. The user has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the Customer must send an email to clubchalmin@elisechalmin.com indicating in the subject of the email "Modification of personal data".
All personal information we collect is strictly necessary for order processing, delivery and billing. Your account information is therefore only used in the context of your commercial relationship with the Site.
Any missing information will result in automatic refusal of the order.
Personal information collected on the Site is processed by the Company for customer relationship management and prospecting purposes. This information is only transmitted to companies that contribute to the management, execution and processing of orders.
Furthermore, the Company does not transmit any personal information to third parties for prospecting purposes, but may be required to disclose it to legally authorized bodies and authorities, to the extent that disclosure is required or authorized by law, or when it deems it necessary or appropriate to comply with applicable laws and other texts, or to protect or defend its rights or those of its employees, customers or any other person.
Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or Stripes.
If the Customer has previously accepted it, he may receive marketing emails (Newsletters) from which he can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received.
All personal information is stored with the Site's host, whose contact details appear on the Site under the "Legal Notices" section.
Under no circumstances will the Company request confirmation of account or credit card details by email. If the Customer receives an email purportedly sent by the Company requesting such information, the Customer should not respond to it.
We strive to maintain appropriate security measures to protect your personal data. However, despite all the measures we put in place to protect against fraudulent access, use or disclosure of this information, we cannot guarantee that any data transmission over the Internet can be completely protected against access by unauthorized third parties. We cannot be held responsible for any breach of security unless the breach was attributable to our negligence.
The Site uses cookies (connection witnesses) which only allow the conservation of temporary data related to the current session such as the products you select, the time spent on the Site. This information collected is in no way nominative and is not saved from one session to another.
When arriving on the Site, the Customer is informed of the presence of these cookies. Continuing to browse the Site constitutes acceptance. However, the user has the option of opposing the use of these cookies by configuring their browser. However, access to certain services may require prior acceptance of cookies by the user.
XII- INTELLECTUAL PROPERTY
All intellectual property rights of the Site and its contents belong exclusively to the Company. Any reproduction, use or partial or total modification of an element of the Site, in any form whatsoever, may not be carried out without the express authorization of the Company, which reserves the right to initiate proceedings under intellectual property law.
The Customer is granted a limited license, including the consultation and use of the Site for personal use, and excluding downloading or modifying its contents, in whole or in part, without the express written consent of the Company. This license excludes any use of the Site for commercial or resale purposes, any recovery and use of product descriptions or prices, any derivative use of the Site or its contents, or any use of data mining tools, indexing robots or data collection and extraction tools. It is prohibited to reproduce, duplicate, copy, sell, or in any other way exploit all or part of the Site for commercial purposes without express written permission. It is prohibited to use techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layout or forms) belonging to the Company without express written permission. It is prohibited to use meta tags or any other "hidden text" utilizing the name or trademark without express written permission.
XIII- RESPONSIBILITY
The Company cannot be held responsible for any direct or indirect damage that may result from access to the Site or use of the Site and/or its information, including its inaccessibility, loss of data, deterioration, destruction or viruses that may affect the Client's computer equipment and/or the presence of viruses on the Site.
We strive to provide reliable content on the Site, however and despite all our efforts we cannot guarantee that the Site is free from inaccuracies or omissions and we cannot be held responsible for errors or omissions, or for a lack of availability of information and services.
XIV- APPLICABLE JURISDICTION
The sale of products sold on the Site is subject to French law.
The terms and conditions of sale, as well as the contractual relationship between the Customer and the Company are governed by French law. The parties accept the jurisdiction of the courts of Paris for any action brought following or related to these Conditions.
XV- CONTACT
For any questions regarding online product orders, please write to us at the email address: clubchalmin@elisechalmin.com or by post to the following address:
Elise Chalmin SAS
51b rue Condorcet
75009 PARIS
We will do our best to respond to you as quickly as possible.
FREE RETURNS IN STORE
51b Rue Condorcet 75009 PARIS