GENERAL TERMS AND CONDITIONS OF SALE
1. Purpose
This retail website can be accessed on the Internet at the address www.carrementbelle.com (hereinafter the "Site") and is open to any user of such network (hereinafter the "Client").
The Site is published and managed by the company CARREMENT BELLE, SARL with a capital of 1000 euros, Nîmes Business and Companies Register 392 720 629, whose registered office is located at: 116 Allée Norbert Wiener, 30000 Nîmes - FRANCE.
Intracommunity VAT Identification No. FR 20 889 463 360.
Telephone: +33 (0) 466 215 690
All orders placed on the Site presuppose prior consultation and full and unreserved acceptance of these General Terms and Conditions of Sale ("GTCS"), which can be consulted on the Site. The GTCS govern relations between CARREMENT BELLE and any Client making a purchase via the Site.
CARREMENT BELLE may amend the GTCS without notice at any time. The GTCS may in no event be amended by the Client. The GTCS in force shall be those published on the Site at the time when the Client places the order on the Site.
Should one or more provisions in these GTCS be rendered invalid subsequent to the application of a French legal provision or court decision, the other provisions shall remain in force.
These GTCS complement the Site's "General Terms and Conditions of Use" (“GTCU”) page.
2. Orders
a. Clients
The Client hereby declares that he/she has read and accepted these GTCS in their entirety prior to placing his/her order on the Site.
To be entitled to place a valid order on the Site, the Client must be at least 18 years of age and have legal capacity or be in possession of parental authorisation permitting him/her to place orders on the Site.
CARREMENT BELLE reserves the right to ask any Client to provide proof of his/her age or of his/her parental authorisation, and not to honour the Client's order should the latter fail to provide such proof.
The products on sale on the Site are sold retail, intended for the strictly personal use of the end consumer, and may in no event be related to a professional activity exercised by the Client.
CARREMENT BELLE reserves the right to cancel any order deemed not to meet the aforementioned criteria, without it however being liable.
b. Products
The products sold by CARREMENT BELLE are those shown on the Site on the day the Client consults the Site.
CARREMENT BELLE may in no event be held liable if the illustrations are incorrect. Furthermore, CARREMENT BELLE may not be held liable if the descriptions of the products shown on the Site do not match those delivered insofar as any errors do not affect the essential characteristics of the product, within the meaning of Article L111-1 of the French Consumer Code.
CARREMENT BELLE shall inform the Client of the latest date by which it undertakes to deliver the products selected by the Client.
CARREMENT BELLE shall honour orders placed by the Client as long as stocks last. CARREMENT BELLE shall do its utmost to present an up-to-date record of product availability on the Site.
In the event that, in spite of the vigilance of CARREMENT BELLE, one or more product(s) ordered by a Client are temporarily or permanently unavailable, or if the shipping time should exceed the date indicated on order by more than seven days (except in cases of act of God), CARREMENT BELLE shall inform the Client by email. The Client shall then have the option of modifying or cancelling his/her order by contacting the Customer Service Department by email at contact@carrementbelle.com or by telephone on +33 (0) 466 215 690. Should an order be cancelled owing to delayed shipment, the Client shall be required to express his/her wish to cancel or modify his/her order within 60 working days at the latest as of the date given for delivery of the order. In the scenarios given in this paragraph, CARREMENT BELLE undertakes to reimburse the Client whose payment has already been debited at the earliest opportunity and within thirty days of payment at the latest. CARREMENT BELLE shall not pay any compensation to the Client in such cases, and in the event of cancellation of the order due to a delivery time longer than the indicative time announced, the shipping costs will be deducted from the refund, as CARREMENT BELLE shall not be responsible for the delivery.
c. Prices
The prices of the products indicated on the Site are in euros, including all French taxes and do not include participation in shipping costs.
Discounts shall be applied on order and shown in the Client's shopping basket, if he/she meets the terms and conditions that apply to take advantage of them and has correctly filled in the promotion codes.
The Client’s contribution to shipping costs, for delivery in metropolitan France, amounts to 5 or 6 euros according to the delivery method chosen. The Customer's contribution to shipping costs, for a delivery outside metropolitan France, varies according to the country where the Customer wishes to be delivered. The different rates are available in the "Delivery" section of the Site.
Shipping costs are offered to the Client delivered in metropolitan France for any order greater than or equal to 60 euros made on the Site. Shipping costs may also be offered to Clients from other countries according to the terms and conditions defined in the "Delivery" section of the Site.
If he/she wishes to be delivered outside the European Union, the Client will have to pay the customs duties, VAT or other taxes due on the importation of the products in the selected country of delivery. The Client is responsible for the formalities relating thereto, unless otherwise specified. The Client is solely responsible for verifying the possibilities of importing the products ordered with regard to the law of the territory of the country of delivery.
CARREMENT BELLE reserves the right to change the prices without notice at any time. The prices applicable to the Client on order shall be those shown on the Site at the time of the Client's confirmation of his/her order on the Site.
d. Payment and security
CARREMENT BELLE offers highly secured payment systems with PayPlug and PayPal. In both cases, the payment is made directly on the secure servers of PayPlug or PayPal. Your credit card information is encrypted using SSL 128 (Secure Socket Layer) protocol and no banking information is transmitted through our site. CARREMENT BELLE has no access to this data and therefore does not keep it on its servers. This is why they are requested again with each new transaction on our Site. We thus guarantee you a high level of security.
Should the Client pay for his/her order with a non-French debit/credit card, such debit/credit card must be valid for international transactions. Furthermore, any commissions or other costs regarding payment that may be charged to him/her by his/her bank, by PayPlug or PayPal shall be charged to the Client. The sum to be paid for the order is indicated to the Client on the Internet page summarising the items in his/her order. Before proceeding with payment, the Client therefore has the opportunity to check the details of his/her order and the total price online, and to correct any errors.
Payment is payable on order, by debit/credit card only. Only payments in euro are accepted. The Client guarantees CARREMENT BELLE that he/she is fully entitled to use the debit/credit card used to pay. Should a Client's payment be refused by the bank, CARREMENT BELLE reserves the right to cancel shipping of his/her order. All new orders placed by such Client may be suspended or cancelled by CARREMENT BELLE.
The Client's debit/credit card shall be debited on confirmation by our bank of acceptance of the Client's payment. The products continue to be the full and entire property of CARREMENT BELLE until payment for the products invoiced has been collected in full, including shipping costs and taxes. The Client undertakes to pay directly to the forwarding agent or carrier any potential customs duties, VAT or other taxes due on importation of the products into the country selected for the delivery.
Payment is the final stage in confirmation of the order. The Client may modify any of the items in his/her order at any time, until he/she has confirmed payment. When payment is confirmed by the Client, the order is validated and becomes firm.
The Client shall receive an email from CARREMENT BELLE at the email address provided, acknowledging receipt and summarising the items in the order that he/she has placed.
e. Delivery
Upon confirmation by the bank of the acceptance of the Client’s payment, CARREMENT BELLE undertakes to process the order as quickly as possible, within the limits of available stocks. For information only, orders are generally shipped the same day or the day after their receipt (excluding weekends and public holidays).
Orders are delivered to the delivery address provided by the Client when ordering on the Site.
Classic delivery:
Delivery times may vary depending on the time of the Client’s order and the destination of the parcel. As these delivery times are independent of CARREMENT BELLE’s will, the payment of any penalty or indemnity by CARREMENT BELLE to the Client will not be accepted on this basis. On the other hand, the customer has the right to cancel his order according to the terms and conditions set out in article 2-b of these GTCS.
Parcels are delivered to the Client against signature, or in the nearest post office in case of absence. If the Client does not withdraw his/her package within the time indicated by the postal services (generally 15 working days), the package will be returned to CARREMENT BELLE. The Client is informed by the carrier via a delivery notice or an electronic notification (text, email or online tracking of the package, the link being systematically provided to the Client by CARREMENT BELLE). The products ordered will be refunded, by re-crediting the credit card used at the time of the order, within thirty days of the return of the package to CARREMENT BELLE.
If the package arrives damaged or opened at the Client's premises, the Client must refuse delivery and report the damage to the deliverer and make a written complaint to him for anomaly. Any package delivery accepted by the Client will be deemed free of defects due to the delivery.
If the Client's order contains only the "Discovery Set", it will be delivered directly to his/her mailbox.
Delivery in a pickup point (available in some countries only):
The parcel is deposited in the pickup point selected by the Client when ordering. The Client will receive an email allowing him/her to collect the parcel at the selected pickup point within 10 days from the receipt of the email. The withdrawal at the pickup point is possible only on presentation of the above-mentioned email and the Client’s ID. After this period, the parcel is returned to CARREMENT BELLE. In this case, the Client will be refunded the amount of the order, delivery costs deducted, by re-crediting the credit card used at the time of the order, within thirty (30) days from the date of receipt by CARREMENT BELLE of the returned parcel.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, the register of the carrier being proof.
CARREMENT BELLE reserves the right not to honour an order for a country in which it has specific distribution contracts, or in which specific local regulations exist. Packages will only be shipped to the countries offered and with which CARREMENT BELLE has specific contracts.
f. Returns and right of withdrawal
Relying on the Article L.121-20-12 of the French Consumer Code, the Client has a fourteen (14) days legal delay of withdrawal from the date of receipt of the order, without having to argue his/her motivation.
To obtain a refund on some articles or on the whole order, the Client must return these products to CARREMENT BELLE, new and in their original packaging, in a 14 days legal delay. The Client must take care of the products and package them carefully in order to avoid any problems during the return. The shipping cost of the return is at the charge of the Client.
Prior to the return of the products by the Client, the latter must obligatorily make a return request to CARREMENT BELLE by writing at contact@carrementbelle.com. Returned parcels must be sent to the following address:
CARREMENT BELLE
Service des Retours
116 Allée Norbert Wiener - 30000 Nîmes - FRANCE
The Client is advised to keep a proof of deposit provided by the postal services when shipping his package. In case of non-receipt of the package by CARREMENT BELLE, and without proof of its proper delivery by the Post Office, the responsibility of CARREMENT BELLE cannot be engaged. Any risk related to the return of the product (damage or loss for example) is the responsibility of the Client.
Furthermore, if the Client receives products from CARREMENT BELLE which do not correspond to his/her order, he/she will be invited to contact CARREMENT BELLE within fourteen (14) days following receipt of his/her order by email at contact@carrementbelle.com or by telephone at +33(0)466215690, so that CARREMENT BELLE can confirm this non-conformity and inform him/her of the return procedure at CARREMENT BELLE's expense.
CARREMENT BELLE does not accept returns of products with postage due.
The Client will be reimbursed by CARREMENT BELLE for all the sums he paid at the time of the order for the products he has returned, with the exception of the return costs if they remain at the Client's expense. If the Client returns the entire order, the initial shipping costs (sending of the package by CARREMENT BELLE to the Client) will be reimbursed, unless CARREMENT BELLE is not responsible for the reason of the cancellation. If the Client returns only part of his order, the initial shipping costs will not be refunded. The refund of returned products will be made by re-crediting the credit card used at the time of the order within thirty (30) days from the date of receipt by CARREMENT BELLE of the returned package.
All returns received by CARREMENT BELLE which will show that the package has been returned by the Client beyond the period of his right of withdrawal (postmark as proof), as well as all returns which do not follow the procedure set out in this article, will not be reimbursed by CARREMENT BELLE.
3. Intellectual property
CARREMENT BELLE owns the rights to this Site and all the elements (brands, logos, photos, illustrations, texts, sound elements, etc.) appearing on it.
CARREMENT BELLE does not grant any license or right other than the right to access and consult this Site.
The reproduction or use of all or part of the Site is only authorized for strictly personal and private information purposes. Any other use made without the prior written permission of CARREMENT BELLE will constitute an infringement and may be punished as such.
4. Data protection
The personal data communicated by the Client and collected by CARREMENT BELLE at the time of the Client’s order are mandatory and necessary for the processing and management of his/her order. Failure to provide this information will not enable CARREMENT BELLE to process the Client’s order.
In accordance with the French Data Protection Act n°78-17 of 6 January 1978, the Client has the right to access, rectify, oppose and cancel any personal data concerning him/her at CARREMENT BELLE, 116 Allée Norbert Wiener, 30000 Nîmes, France, or by email at contact@carrementbelle.com.
5. Miscellaneous provisions
a. Computer or technical problems on the Site
CARREMENT BELLE declines any responsibility in the event of interruption, poor functioning or fraudulent intrusion on the Site.
CARREMENT BELLE may not be held liable in the event of loss of data or files resulting from consultation of the Site. It behoves the Client to make any safeguards necessary prior to placing his/her order on the Site.
b. Act of god
The liability of CARREMENT BELLE may not be invoked for the total or partial failure to abide by the obligations in these GTCS in the event of the occurrence of an act of God as defined by Article 1148 of the French Civil Code.
6. Law applicable and jurisdiction
Sales of CARREMENT BELLE products are subject exclusively to French law, regardless of the country to which the products are delivered.
Failing amicable solutions, all litigation relating to the interpretation, fulfilment or breach of the contract concluded between CARREMENT BELLE and the Client, even in the case of multiple defendants, shall fall under the exclusive jurisdiction of the court of Nîmes (France).