Terms and Conditions
Article 1 - Object
COVET CHIC, a French corporation (SAS) with a share capital of 10,000 euros, registered with the 'RCS de Nanterre' under the reference 753 360 288 and with its head office at 15, rue de Provence, 92140 Clamart (hereafter called the "Company"), publishes and operates the electronic commerce website located at http://www.covetchic.com (hereafter called the "Website"). The Company runs a retail business through the Website, which is connected to the internet, selling different goods, mainly various types of jewellery and accessories (hereafter called the "Products") to private individuals. The Website provides web users with information about the Products for sale free of charge (except for the costs of connecting to the Website), as well as an on-line ordering and payment system, subject to the customer (hereafter called the "Customer") adhering to these general conditions of sale (hereafter called the "GCS"). All orders made through the Website, as well as all related services, are subject to the GCS without reservation. These GCS represent the entirety of the commitments existing between the Company and the Customer as a result of their browsing of the Website. Any order made by the Customer implies their full and unreserved acceptance of these GCS.
Article 2 - Products sold on the Website
The Website is an on-line shop for the sale of goods, mainly various types of jewellery and accessories. The Company will supply itself with Products from manufacturers who independent of the Company. The essential (qualitative and quantitative) characteristics of the Products obtained directly from the manufacturers are described on the Website. These products are sold new. The Company expressly reserves the right at any time to add new Products, to remove some or all Products sold or present on the Website, to change their presentation, their prices, or to stop selling them on their Website, and to do so without any obligation to inform the Customer beforehand or to justify such actions to the Customer.
Article 3 - Accessible information on the Website and limits to the Company's responsibility regarding this information
The Company may not be held responsible for inaccuracies, errors or omissions that may slip into the Product descriptions provided to them by manufacturers. The Company may not be held responsible for typographical errors that appear on the Website owing to circumstances outside of their control. The same applies to the photographs and graphics of the various web page comprising the Website and illustrating the Products (in support of the text), which are for information only and not contractually binding. They do not in any way engage the Company, which may not be held responsible for inaccuracies or errors that may appear in them. The Company may not be held responsible:
- for interruptions or delays experienced on the Website owing to the carrying out of maintenance work, technical breakdowns, instances of force majeure, acts by third parties or any circumstances outside of its control, whatever they may be;
- for the temporary impossibility in accessing the Website, owing to instances outside of its control, interruptions to the internet service or the breakdown of the Customer's internet access.
Article 4 - Orders
The taking of orders on the Website is subject to a strict adherence to the procedure described below and formalised on-line by a series of different screens indicating the different steps that the Customer must follow in order for their order to be validated by the Company. The orders are made on-line, in accordance with the Website purchase order, which takes the form of a shopping basket whose content is chosen by the Customer during their browsing of the various pages of the Website. The act of filling one's basket does not in itself constitute an order engaging the Company. The Customer undertakes to provide only complete, accurate and up to date information to the Company. In the event of incomplete or inaccurate information, the Company reserves the right to purely and simply cancel the order, as well as the payment, without any prejudice to the Customer. In accordance with the law on IT and Freedom of 6th January 1978, the Customer has the right to access, change, correct and delete their personal data. To exercise this right, please email: service-clients(at)covetchic(dot)com or else write to the head office of the Company at 15, rue de Provence, 92140 Clamart. The Customer is informed, and they accept, that owing to the fact that these are retail sales, the quantity of references ordered by the Customer is automatically limited according to the recommendations made regarding this issue by the manufacturers. Using the shopping basket, the Customer must enter and validate the identification and the quantity of Products ordered (the availability of which is subject to confirmation by the Company), as well as the purchase prices. The Customer may freely fill their shopping basket on-line, remove an item they had selected but now no longer wish to get, change the quantities ordered or add a Product by clicking on the corresponding buttons. The Customer must then validate the billing address and delivery address, as well as the means of payment chosen: credit or debit card (such as Visa or MasterCard). Once all of this information has been properly entered and validated, the Customer clicks on the "Submit" button and their purchase order is sent directly to the Company. The Customer is then allocated an order number. The Customer's contractual responsibility regarding their order is engaged as soon as the Company receives their purchase order, duly completed and validated by the Customer when they click on the "Submit" button. However, this order is only processed when the Company has sent the Customer a confirmation by email detailing all of the information communicated by the Customer, including any possible difficulties or reservations regarding the order (such as Product availability or chosen method of payment).
Articles 5 - Proof of orders
In general, it is expressly agreed between the Company and the Customer that emails will be proof of the transaction between the parties, as well as the automatic recording systems used on the site, particularly regarding the nature and date of the order, its receipt and its confirmation, as well as its possible cancellation or withdrawal.
Articles 6 - Changes to orders
Any change to the order requested by the Customer may only be taken into consideration by the Company if it is sent by email to the address service-clients(at)covetchic(dot)com before shipping of the Products. It should nevertheless be noted that the Company is not obliged to accept the requested change. The Company reserves the right to cancel or to refuse any order from a Customer with whom it has an existing dispute relating to the payment of a previous order.
Article 7 - Prices, billing and payment
The Products sold on the Website are reserved exclusively for private individuals. The prices displayed on the Website are for information only, are regularly updated and may be changed without prior notification. However, the prices billed are valid at the date the order was made. During certain specific periods, the Customer may also benefit from promotional offers on certain Products. These offers will be announced on-line on the Website and will be valid during the period indicated and according to available stock. Displayed prices include all taxes. Products remain the property of the Company until full collection of the prices by the Company. Any shipping costs are billed over and above the Product prices. One bill is drafted for each delivery and is sent via post or email by the Company to the Customer at the billing address provided by the latter when the order was made. Any complaint concerning bills must be brought to the attention of the Company by email (at the address service-clients(at)covetchic(dot)com) within seven days of their receipt. Otherwise, the bills will be considered to have been accepted without reservation. Any incomplete delivery of an order does not justify the refusal to pay the Products delivered. Any dispute between the Customer and the Company may in no case be a reason for suspending the uncontested part of the bill. On-line payments use the secure SSL on-line payment system. The Customer accesses a secure server operating in SSL mode (128 bit) and certified by a Certification Authority. The Customer must provide their bank details by completing the on-line payment form after having clicked on "pay for my order". The transaction is then made by the Customer according to banking security standards. The Company undertakes an obligation of means regarding the handling of the bank details (bank card number and references, as well as its expiry date) provided by the Customer on the Website. In providing their bank details, the Customer unconditionally accepts in advance that the Company will proceed with the secure transaction. The Customer therefore authorises their bank in advance to debit their account at sight of registrations or statements sent by the Company, even in the absence of bills signed by the cardholder. Authorisation for the debiting of the Customer's account is always given for the cost of the Product purchased as billed by the Company.
Article 8 - Customs duties
Any order made on the Website and shipped outside France may be subject to taxes and customs duties payable when the package reaches its destination. These customs duties and taxes linked to the delivery of an item are at the cost of the Customer and their sole responsibility. The Company is not obliged to check and inform the Custom of applicable customs duties and taxes.
Article 9 - Delivery
Delivery is made by the French Post Office's recorded and Collissimo or Chronopost service. It will take effect as soon as the Products are picked up by the French Post Office, which will ship the Product ordered to the delivery address given by the Customer on the purchase order. Delivery will be made only in mainland France, most countries of the European Union, the United States, Canada, Lebanon, Saudi Arabia and the United Arab Emirates. Deliveries are only made according to availability and in the order in which orders are made, according to the principle of "first come, first served". The Customer will be billed for delivery costs. The amount of these costs will be indicated on the order page before it is validated by the Customer. The Company may, in certain situations (to be decided and indicated beforehand), make shipping free of charge to the Customer, for example when the total amount of an order is greater than or equal to a particular sum. Gift orders (orders made by a Customer for the benefit of a third party) will be delivered without a bill, the latter being sent to the Customer at their billing address. In the event that one of the Products ordered is out of stock, the Company will inform the Customer when the Products are available again, and proceed with a delivery of part of the order, unless there is an immediate instruction on the part of the Customer to the contrary. In general, orders may not be cancelled in the event that one of the Products ordered is out of stock. The Company will do its best to deliver or have delivered the Product within two working days, following confirmation by the Company to the Customer of the delivery of the order by the Company. Delivery times are given for information only, and do not constitute an obligation of result. Any delay to a delivery may in no case give right to the cancellation of current orders, and no compensation or penalty for late delivery may be claimed by the Customer, whatever the causes, importance and direct or indirect consequences of such a delay. The Company may not be held responsible for delivery delays that are the fault of the carrier or owing to any other instance of force majeure. The following are considered as instances of force majeure that rightfully relieve the Company of its obligation to deliver (and more generally of any responsibility), and this without any formality: lock-outs, industrial action/strikes, accidents or manufacturing delays affecting the manufacturer, war, riot, fire, flood, water damage, storm, lightning, requisition, a decision by whatever authority it may be, the impossibility of being supplied, lack of or delay in the transport of Products, or more generally the occurrence of an event outside of the control of the Company. The Company will keep the Customer informed, within a reasonable period of time, of cases or instances of force majeure that might affect the delivery process of the ordered Product. However, if 15 days after the given delivery date, the ordered Product has not been delivered, for any other reason than an instance of force majeure, the sale may be cancelled by email at the request of the Customer (with request for a read receipt of delivery) addressed to: service-clients(at)covetchic(dot)com The Customer may, in this case, obtain the restitution of sums paid for the order, with the exception of any other indemnity or compensation. The Customer will also have the possibility of accepting a new delivery date, while still being entitled to request a refund or compensation. In any event, delivery within the time specified may only take place if the Customer is up to date with their obligations towards the Company, whatever the reason.
Article 10 - Receipt of products
It is up to the Customer to immediately check the conformity and integrity of the products sent as soon as they receive them. In general, the reservations or statements marked on the delivery notice must be full and accurate. They must accurately describe the damage, with reference to the order number.
Articles 11 - Cancellation, returns, exchanges and/or reimbursements of the Products
The Customer has seven days following the Company's confirmation of the order to cancel their order. This cancellation must be made to the Company by email (with request for a read receipt) to the address service-clients(at)covetchic(dot)com.
Products may also be returned or exchanged in the event of a Product anomaly, or error regarding the reference delivered.
In all cases (cancellation, returns or exchanges), the Customer must follow the Product return procedure described below. Return costs and risks are the responsibility of the Customer. The Company should be informed by email of anomalies or errors with the reference within seven days from the delivery date. This email should include the Customer's references, bill number and date, Product reference, quantity and exact reason for the request.
The Products must be returned complete, with any accessories, in perfect condition and in their original packaging placed inside a plain cardboard box, taking care not to place any writing or tape on the original packaging. The Company reserves the right to refuse any returned Product that does not conform to the above conditions. No reimbursement may be issued upon receipt of a damaged or opened product, unless this state had been indicated to the Company prior to its agreement to accept the return of the defective Products. Any return accepted by the Company, following a qualitative and quantitative check of the returned Products, will result in the Customer's exclusive right to reimbursement of the Product to the Customer or to the person designated by the Customer when they made the order. This reimbursement will be exclusive of any indemnity or compensation. The reimbursement will only be made through the same means of payment as that used by the Customer to pay for the order of the Product whose return has been requested. Instead of a direct exchange, the Customer may request and receive an exchange with another Product, as long as the Product is exchanged with one or several other Products whose total cost is more than or equal to that of the Product whose exchange was requested. If the amount is greater than the price of the Product, then the Customer must pay the difference. The delivery charges are not included in the calculation of the difference possibly owed by the Customer regarding the exchange.
The Products bought during the sales period cannot be returned, exchanged or reimbursed.
The Products bought only through a voucher can not be returned, exchanged or reimbursed.
Address for returns of orders:
15 Rue de Provence
Article 12 - Guarantee
The Customer benefits from a legal guarantee against any hidden flaws, as foreseen in articles 1641 to 1649 of the French Civil Code. If the Customer finds any such flaw then they should notify the Company's head office of this (by registered mail with proof of delivery) as soon as possible.
Article 13 - Limitation of responsibility
The proposed Products conform to current French legislation and to the applicable standards in France. The Company cannot be held responsible in the event of failure to respect the legislation of the country where the product is delivered (in the event of a product being banned, for example…). It is up to you to check with the local authorities the possibility of importing or using the products or services that you plan to order. If the Company were to be held responsible for an incorrect or non-execution of its services, then the total amount of compensation may not, by express agreement, exceed an amount equal to the price of the Product at the origin of the claim.
Article 14 - Intellectual and industrial property rights
The Company manages the Website, which remains its exclusive property. The Company has created and placed on-line the web page, images, source scripts and data comprising the Website, either directly, or else indirectly through recourse to external contractors. The Website is also protected by national and EU regulations applicable to databases, in particular sui-generis law. With regard to this, the Company prohibits any use or extraction of legally prohibited data. The Customer therefore agrees not to circulate or reproduce the Website, in either its entirety or in part, in whatever form that may be. The Company is the owner of the Covet Chic brand (hereafter called "the Brand"), which is registered with the Institute for Intellectual and Industrial Property. The Customer recognises the existing exclusive rights regarding the Brand and agrees not to make any use of it, and more generally not to harm the intellectual and industrial property rights of the Company and the Website. The Company reserves the right to request damages and interest in the event of counterfeiting, and more generally any harm brought to its intellectual and industrial property rights. Moreover, the Customer is informed that some of the Products sold on the Website have their brands, designs, models and other similar or complementary intellectual and/or industrial property rights protected. The Customer also undertakes not to harm them.
Article 15- IT and freedom
The Customer's personal data (surname, first name, title, occupation, electronic and geographical addresses, telephone and fax numbers, bank information) are collected by the Company for the purposes of proper management of orders, deliveries and bills, and in accordance with the French law on IT and Freedom n°78-17 of 6th January 1978, as well as the applicable EU regulations in this area. Under the Law on IT and Freedom, the Customer has the right to refuse to receive unsolicited commercial documents by email. To exercise this right, the Customer must send an email to service-clients(at)covetchic(dot)com. The Customer may also make such a request by writing to the Company at its head office.
Articles 16 - Settlement of disputes
Relations between the Company and the Customer are covered by French law. Any dispute relating to the interpretation, execution or breaking of the contract between the Company and the Customer, even in the event of a claim on guarantee or plurality of defenders, will automatically be by amicable agreement and subject to the exclusive competence of the territorially competent French jurisdictions.
Article 17 - Non-waiver
The fact that the Company might at a given moment refrain from insisting upon the execution of one of the clauses of these GCS may not be interpreted as equivalent to a refusal to invoke the said total or partial non-execution at a later date.
Article 18 - Validity of these GCS
Should one of the clauses of these GCS be declared null and void either in whole or in part, then the other clauses, rights and obligations contained in these GCS will remain unchanged and applicable. In the event of the modification of these GCS, the new ones will apply mutadis mutandis between the Company, the users of the Website and the Customers. Nevertheless, any order confirmed by the Company to a Client and covered by the old GCS will remain subject to the GCS applicable when the order was confirmed.