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TERMS AND CONDITIONS OF SALE

 

Version dated 07/09/2021 

These general terms and conditions of sale (hereinafter referred to as the "GT&CoS") are valid for all purchases made on the French website www.chaussea.com (hereinafter referred to as the "Website"). 

 

Recitals/Legal Notices 

CHAUSSEA is a French simplified joint stock company [société par actions simplifiée] with share capital of €15,000,000, listed with the Trade and Companies Register of BRIEY under No. B 330 267 691 SIREN 330 267 691 00377, APE CODE 4772 A, INTRA-COMMUNITY VAT No. 77330 267 691. 

Phone: 09.69.39.54.00 - standard rate number (cost of a local call in metropolitan France)
Fax: 03.82.20.02.30 

Email: sav@chaussea.com 

The registered office of CHAUSSEA is located at 105 avenue Charles de Gaulle in VALLEROY (54910). CHAUSSEA is the holder of a professional indemnity liability insurance policy taken out with the company, ALLIANZ. 

The Website is hosted by SAS APTUM Technologies (France) located at Green Side Bat 2 - 400 Avenue Roumanille in BIOT (06410) - France Direct line: 0 805 210 280 - website: www.aptum.com - Antibes Trade and Companies Register B 749 865 820 - APE code 6312Z - VAT FR50749865820 – SAS with share capital of €637,584. 

These General Terms & Conditions of Sale were prepared in accordance with Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, Law No. 2014-344 of 17 March 2014 and its implementing decree and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018. 

 

1. Purpose and scope 

The purpose of these General Terms & Conditions of Sale is to inform any person browsing the Website with a view to placing an order (hereinafter a “Buyer”) of the terms and conditions under which the seller, CHAUSSEA, conducts the sale and delivery of the products ordered and also to define the rights and obligations of the Parties in the context of the sale of products by CHAUSSEA. 

Any order of products implies the Buyer’s unreserved acceptance and full and complete adherence to these General Terms & Conditions of Sale. Under no circumstances may the non-exercise of a right by CHAUSSEA be considered a waiver of that right. 

CHAUSSEA reserves the right to amend these General Terms & Conditions of Sale at any time and without notice. The order will be subject to the GTS in effect at the time the order is placed. 

Buyers, prior to its order, represent: 

  • That they have full legal capacity allowing them, on their own account or through their legal representative, to place an order on the Website. CHAUSSEA cannot in any case verify the legal capacity of its Buyers. Consequently, if Buyers not having legal capacity order items on the CHAUSSEA Website, their legal guardians assume the full responsibility for that order and in particular shall honour the requirement to pay the price thereof; 
  • That they accept and will comply with the General Terms & Conditions of Sale; 
  • That they will not order products for the purpose of reselling them; and
  • That the order for products on the Website is without any direct relationship to their professional activity and is strictly limited to personal use. 

 

2. Formation of the agreement and orders 

2.1 Prices 

The prices of products offered for sale online on the CHAUSSEA website, indicated in Euro, are those in effect at the time the order is placed by the Buyer. Sale prices are subject to change by CHAUSSEA at any time. Such changes will be indicated to the buyer before any order is placed. 

Such prices do not include shipping/delivery/transport costs, billed in addition to the price of the products purchased, and more generally any other specific costs indicated when the order is validated. Shipping costs will be indicated before the order is formally registered by the Buyer. The various shipping methods are provided for below in the General Terms & Conditions of Sale and are subject to change at any time by CHAUSSEA. Thus CHAUSSEA recommends that any Buyer should regularly consult the General Terms & Conditions of Sale posted on the Website. 

Prices include the value added tax (hereinafter referred to as “VAT”) applicable as of the order date. Any change in the applicable VAT rate will give rise to an automatic proportional adjustment to the price of the products sold by CHAUSSEA on its Website. 

2.2 Product features and availability 

The Buyer may select one or more products from the various categories offered on the CHAUSSEA Website. Each basket may contain eight (8) items maximum. 

The offers presented by CHAUSSEA are valid while they are posted on the website, and subject to limit of available stocks. 

CHAUSSEA may change the range of products offered for sale on its Website at any time, in particular based on constraints related to its suppliers, without prejudice to orders placed by the Buyer. Indications of product availability are provided to the Buyer when the latter places an order. Any product that is out of stock cannot result in an order confirmation.

Pursuant to Article L.111-1 of the Consumer Code, Buyers may, prior to ordering, read the essential features of the product(s) they would like to order, on the Website. 

2.3 Order 

To place an order, Buyers must create a customer account. 

To create a customer account, Buyers must fill out all fields marked with an
asterisk, notably: 

  • LAST NAME 
  • FIRST NAME 
  • EMAIL ADDRESS 
  • PASSWORD 

To confirm their accounts, Buyers must register and confirm a password. This password is strictly confidential, and the Buyer hereby agrees to inform CHAUSSEA of any unauthorised use of their password and/or customer account. 

In addition to the information provided when the customer account is created, Buyers shall, in order to place their order, provide the following compulsory information: 

  • The postal address (one for the delivery address and one for the billing address if it is not the same as the delivery address) 
  • A telephone number 

The Buyer warrants the sincerity and veracity of the information given and releases CHAUSSEA from all liability due to the inaccuracy of the information provided. Buyers will have access to their customer information in their dedicated space.  
Buyers may also create their customer account using their Facebook account. The Buyer has the option of verifying the details of their planned order and correcting any errors until their order is confirmed. 

From the time Buyers click on the “Buy” button during the order process and, after having verified the contents of the order in their basket, Buyers will definitively confirm the sale by making payment and will be considered as having accepted the content and terms of the order in question in full knowledge of the circumstances. More particularly, Buyers will be considered to have accepted these General Terms & Conditions of Sale, the prices, volumes, features, quantities, and shipping times for the products offered for sale and ordered by Buyers. 

This order will be confirmed by sending an email to the Buyer. Buyers are hereby informed that the email will be sent to the email address entered by the Buyer when placing the order. CHAUSSEA recommends that Buyers keep a paper or electronic record of the email. 

Given a lawful reason, in particular the cases normally adopted by case law and as detailed below, CHAUSSEA reserves the right to cancel or reject any order from a Buyer, without such cancellation or rejection giving rise to the payment of any damages and/or costs other than the reimbursement of any amount paid by the Buyer in respect of the said order: 

  • The Buyer's billing and/or delivery information is incorrect or non-verifiable;
  • A dispute relating to a previous order exists with the Buyer;
  • The order includes one or more unavailable products; or 
  • The order made by the Buyer is recognised as an unusual order which is potentially fraudulent or made by a reseller. 

 

3. Payments 

3.1 Payment methods 

The payment methods currently accepted are: Bank card, Visa, MasterCard, PayPal, Bancontact (for Belgium only). 

Any banking fees remain payable by the Buyer, including in the event of a refund. Buyers hereby warrant that they are fully authorised to use the payment method entered to pay for their order. 

Gift cards and store credits are not valid on the Website. 

3.2.  Payment transaction security 

CHAUSSEA hereby agrees to use encrypted, secure payment and transmission methods featuring the most effective current technology. No payment information is stored since financial transactions take place on the banking interface of its partner, HIPAY. 

CHAUSSEA uses the 3Dsecure procedure, and the 3Dsecure procedure depends on each banking institution. For example: Buyers may receive a code on their mobile phone to be entered on the payment page after filling out all of the banking information required for payment. 

3.3.  Payment incidents 

CHAUSSEA reserves the right to suspend or cancel any order and/or shipment, regardless of the type and stage of processing, in the event of a payment default or mere partial payment of any sum owed by the Buyer, in the event of a payment incident, in the event of fraud or attempted fraud, including relating to subsequent orders. 

3.4.  Late interest 

Any sum unpaid when due will rightfully be subject to interest at the statutory interest rate that will automatically be charged to the customer account. 

 

4. Delivery 

CHAUSSEA delivers only to Metropolitan France, Corsica, Andorra, Monaco, Luxembourg, Germany, Spain, Belgium, Netherlands, Portugal, Austria, and Italy. 

To order CHAUSSEA products from Spain please visit here

The Buyer is reminded that shipping/delivery/transport costs are payable by the Buyer.

Products ordered will be sent, with the delivery slip, to the shipping address that the Buyer indicated during the ordering process. Any order received on a business day will be processed on the following day. Shipping times apply from the time the package is received by Colissimo. All deliveries are notified by email. 

If the Buyer is not present at the time of delivery, at the address indicated by the Buyer, it is possible to pick up the package at a Post Office within ten (10) days following the issuance of the delivery attempt notice, and fourteen (14) days at a Point Relais pickup point. 

If Buyers fail to collect their order or if they have provided inaccurate information when placing the order, the order will be returned to CHAUSSEA. Since the shipping methods are the Buyer’s choice, CHAUSSEA agrees to indicate the shipping times (in business days) and shipping costs including taxes, based on the shipping method selected during the ordering process. 

Buyers may choose from the following shipping methods: 

I. SHIPPING TO METROPOLITAN FRANCE (including Corsica) 

  • Colissimo Domicile: €5.99, taxes included (€7.49 against signature) 
  • La Poste offices/Relais Pickup points/Pickup Station lockers: €5.99, taxes included. 

II. INTERNATIONAL SHIPPING 

1. Belgium 

  • Colissimo Domicile: €5.99, taxes included (€7.49 against signature) 
  • La Poste offices/Relais Pickup points/Pickup Station lockers: €5.99, taxes included. 

2. Germany 

  • Colissimo Domicile against signature: € 7.49, taxes included. 
  • Relais Pickup points/Pickup Station lockers € 5.99, taxes included. 

3. Austria 

  • Colissimo Expert International: € 7.49, taxes included. 

4. Spain 

  • Colissimo Domicile against signature: €7.49, taxes included, against signature 
  • Relais Pickup points/Pickup Station lockers € 5.99, taxes included. 

5. Italy 

  • Colissimo Expert International: € 8.00, taxes included. 

6. Luxembourg 

  • Colissimo Domicile against signature: € 7.49, taxes included. 

7. Netherlands 

  • Colissimo Domicile against signature: € 7.49, taxes included. 
  • Relais Pickup points/Pickup Station lockers € 5.99, taxes included. 

8. United Kingdom 

  • Colissimo Domicile against signature: € 7.49, taxes included. 
  • Relais Pickup points/Pickup Station lockers € 5.99, taxes included. 

9. Monaco and Andorra 

  • Colissimo Domicile: €5.99, taxes included (€7.49 against signature) 

CHAUSSEA strives to meet shipping deadlines as indicated when the order is accepted, based on industry standard logistical times, and to process orders, except in the case of force majeure events, or in the event of circumstances beyond its control. In particular, events of force majeure will be defined in accordance with the situations generally defined as such by case law. 

Each delivery shall be deemed to be made as soon as the product is made available by the post office or by the carrier to the Buyer. The Buyer is responsible for verifying shipments upon arrival and expressing any reserves and claims (example: damaged package) that appear justified within the mandatory time limit of three days starting from delivery, under penalty of lapsing of said right. 

 

III. DELIVERY BY THE CLICK AND COLLECT SERVICE Only available in France

 

The Click and Collect service is a free service that offers Buyers the option to pick up a package previously ordered and paid for on www.chaussea.com at one of the CHAUSSEA stores eligible for the Click and Collection option.

At the time of the choice of delivery Buyers are informed whether or not the chosen CHAUSSEA store is eligible for Click and Collect.

Buyers can opt to pick up their package from within the CHAUSSEA store, or from the CHAUSSEA store car park.

After placing and paying for the order and if Buyers opt for the Click and Collect delivery service, they will receive an order confirmation email containing the address and opening times of the CHAUSSEA store chosen to pick up their package.

As soon as the order is available, Buyers receive a text message, which contains a collection code, informing them that their order can be collected from the selected store.

Buyers then have a period of 10 days to pick up their package.

To collect their package, Buyers must show a valid identity document and the text message containing the collection code.

1)    In the event of in-store collection, Buyers must show the text message with the collection code and their ID at the till.

2)    In the event of collection from the store car park Buyers must park in the car park and call the store so that their package can be left for collection following display of the text message containing the collection code and the Buyer's identity document.

Third parties may collect Buyers’ orders subject to submitting the text message containing the collection code, their own valid identity document and a valid identity document of the Buyer.

If within the package is not collected by the deadline, then CHAUSSEA will refund the order within a maximum of 30 days.

  

5. Retention of ownership and transfer of risks 

CHAUSSEA shall retain full and complete ownership of the products ordered until the total payment of the full price, principal, fees, taxes and mandatory contributions included. 

The risks for the products delivered shall be transferred to the Buyer starting from the time the Buyer takes physical possession of the product(s) in person or through a third party authorised by the Buyer.

 

6. Customer Service 

For any questions, complaints, or information regarding one of your orders, CHAUSSEA has provided a standard rate phone number (cost of a local call in Metropolitan France): 09 69 39 54 00. 

This department may be contacted Monday through Friday, from 8.30 a.m. to 6 p.m. and on Saturdays from 8.30 a.m. to 12.30 p.m. non stop. 

If telephone support is not available, contact Customer Services using the contact form by clicking here.

Or by email to the following address: sav@chaussea.fr 

 

7. Right of Withdrawal 

7.1 Exercise of the right of withdrawal 

Pursuant to Articles L221-18 et seq. of the Consumer Code, Buyers have a period of fourteen (14) calendar days from the day after the day of receipt of the package containing the products ordered by them or receipt thereof by the recipient of the order, to inform CHAUSSEA of their wish to exercise their right of withdrawal. After this deadline, the package delivered shall be deemed to have been accepted in full by the Buyer. 

In the event of an order for several products which are the subject of separate deliveries, this deadline is calculated from the day after the day of receipt, by the Buyer or by the recipient of the order, of the package containing the last product ordered. 

Buyers may express their wish to withdraw, without stating the reason, directly via the "Return" tab of their customer account by filling in the withdrawal form. Once the form has been completed, CHAUSSEA will send prompt acknowledgement of receipt of withdrawal to Buyers via the email address entered. Buyers must follow the procedure below: 

  • Connection to CHAUSSEA customer account. 
  • Select “My Orders”, then click on “View” for the order concerned. 
  • Then click on the tab “Create a return” 
  • Select the item to be returned. Buyers must repeat this operation if they wish to return several products from the same order. 
  • Click the "Submit" button to save the return. 
  • A link " Download your label" is available in the "My Returns" section, then "View Return"; 
  • Place your delivery slip inside the package containing the product(s) to be returned.
  • Affix the label you just printed onto the package. 
  • Drop off your package free of charge at a La Poste office or a Relais pickup point (locations list at http://www.laposte.fr/particulier “Locations” section) 

The La Poste shipping time may be up to 1 week. 

Buyers may also express their wish to withdraw by filling out the attached withdrawal form By clicking here or by making any other unambiguous declaration and sending it by email (sav@chaussea.com) or post (Chaussea SAS - Customer Service - 105, avenue Charles de Gaulle 54 910 Valleroy). 

7.2 Return of products 

Buyers must return the product(s) concerned (hereinafter the "Return") without undue delay and, in any event, within a maximum period of fourteen (14) calendar days from the date of exercise of the right of withdrawal, without having to justify any reasons. However, CHAUSSEA agrees that Buyers may send Return up to a maximum of thirty (30) calendar days from the day of receipt of the package containing the products ordered by them or by the order recipient. 

Buyers must make the Return by pasting the label, available in the "My Returns" section on the package. The package must contain the product(s) indicated when exercising the right of withdrawal and the delivery note. 

Purchasers can drop of their package free of charge at a La Poste office or a Relais pickup point (locations list at http://www.laposte.fr/particulier “Locations” section) 

The Buyer must return the product in its original box, unworn and undamaged. Any product that is returned, notably if incomplete, damaged, worn, soiled or in a conditions that will not allow it to be resold on the market as new, need not be reimbursed to the Buyer if the depreciation of the product results from operations other than those necessary to establish the nature, features and proper functioning of the product.

7.3 Reimbursement for returns 

CHAUSSEA undertakes to reimburse Buyers for all sums paid, including delivery costs, without undue delay and after verification of the Return, within fourteen (14) days of the date of withdrawal by Buyers. However, CHAUSSEA may, as the case may be, postpone the refund until receipt of the Return or until the Buyer has provided proof of shipment of the Return, in accordance with Article 7.2 of the General Terms & Conditions of sale, the date chosen being that of the first of these events. CHAUSSEA will not reimburse Buyers for delivery costs, expressly chosen by the latter, which are more expensive than the standard delivery method offered at the time of the order. 

Refunds are made to Buyers according to the means of payment used during for the order: 

  • Debit card payments: The transfer will be made to the bank account used to pay for the order. 
  • BANCONTACT payments: Customer Service will contact Buyers for details of their IBAN number so the refund can be paid into the relevant bank account. 

No refund may be made to Buyers who have not exercised their right of withdrawal under the conditions of Article 7 of the General Terms & Conditions of sale. 

 

8. Returns to stores: Exchange or credit note

Buyers may exchange the product(s) ordered on the Website free of charge in all CHAUSSEA stores. The list of stores is available at www.chaussea.com. Any products that do not comply with the conditions of the last paragraph of Article 7.2 of the General Terms & Conditions of Sale shall not be eligible for any returns to stores.

Buyers will have thirty (30) calendar days to exchange their products from the date of receipt of their order.

In-store exchanges will be accepted only upon presentation of the delivery slip sent in your package.

Buyers may exchange products only on the basis of stocks available in store.

In the case of an exchange for a product or products having a total value greater than the price of the product exchanged, Buyers must pay the difference between the two amounts. If the value of the replacement product is less than the original exchanged product, Buyers will receive a credit note equal to the difference in price between the returned product(s) and the new product. No refunds will be made in store. 

 

9. Legal Warranties 

All products supplied by CHAUSSEA benefit from the legal warranty of conformity and the warranty against hidden defects provided by Articles L217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the French Civil Code.

However, any Warranty is excluded in the case of misuse, negligence, or lack of upkeep on the part of Buyers, as well as in the case of normal wear and tear of the product, accidents, or force majeure events. 

The legal conformity warranty applies independently of any commercial warranty that may be granted.

 

10. Intellectual Property 

All texts, commentary, works, illustrations, and images reproduced on the chaussea.com website as well as the associated pages (blogs, social networks, etc.) are the exclusive property of CHAUSSEA, the sole holder of the intellectual property rights over said documents. Any total or partial reproduction of the Chaussea.com website is strictly prohibited without the prior consent of CHAUSSEA. 

The brands distributed by CHAUSSEA are registered trademarks. The reproduction, imitation, use, position, elimination, or modification, of a registered trademark constitutes an act of infringement that is punishable under the criminal law. 

 

11. Responsibility 

CHAUSSEA has, for all steps in the ordering process as well as for steps following the conclusion of the agreement, a duty of care. CHAUSSEA undertakes to describe the products sold on its website with great accuracy specifically through the product information sheet. 

CHAUSSEA declines all liability under these General Terms and Conditions of Sale if non-fulfilment of its obligations is attributable to the action of a third party even if foreseeable, the fault of the Buyer, or the occurrence of an event of force majeure described below. 

CHAUSSEA’s liability may not be incurred for all drawbacks or damages inherent to the use of the Internet, particularly in the event of service outages, outside intrusions, presence of computer viruses, or any force majeure event. 

In such circumstances, CHAUSSEA will have an additional period of time for the fulfilment of its obligations but without any compensation being due.  

 

12. Signature and proof 

The use of the Buyer’s login ID and/or password, the provision of the bank card number, and the final confirmation of the order serve as proof of their identity, that payment is due for the order in the corresponding amounts. 

CHAUSSEA may not in any case be held responsible for the fraudulent use of such information, with it being recalled that it is up to the Buyer to maintain the security of their online transactions, e.g., by not giving out their login ID and/or password. 

 

13. Contract archiving methods 

The archiving of purchase orders and invoices is conducted on a reliable, durable medium in order to represent a faithful, durable copy in accordance with Article 1379 of the French Civil Code. 

 
The order details are saved in the Buyer’s “My Account” space. They just need to click on “My Orders”, then “View Order” on the order of their choice. 

 

14. Personal Data & Cookies 

When you order, the named data collected will be the subject of computer processing. Please refer to the “Personal Data” tab on the website in order to obtain information on the subject. 

 

15. The e-reservation option 

Buyers may reserve a product eligible for the e-reservation option directly on the Website before making the purchase in the previously selected store. The use of this option constitutes a simple reservation of products in store without any obligation to purchase. CHAUSSEA reserves the right to suspend or withdraw this option at any time. 

15.1 e-reservation procedure

To make a product e-reservation, Buyers must: 

  • Select a product from the Website and state the size (if any); 
  • Add the product to their basket or click on "Reserve in store"; 
  • Click on “Confirm my e-reservation”; 
  • Choose a store where the product is in stock; 
  • Enter the following information, via quick registration or a customer account, namely gender, last name, first name, e-mail address and mobile phone number; 
  • Accept the "General Terms and Conditions of Reservation" then click on "confirm the reservation"; and 
  • Enter the code received by text. 

At the end of the e-reservation process, Buyers receive a text and an email acknowledging receipt of the reservation, then a text and an e-mail confirming the reservation stating notably, the availability of the reserved product as well as the date and time limit for withdrawal of the products in store. Since all products may become unavailable between the time of the e-reservation by Buyers and confirmation by the store, Buyers may receive a text and an email informing them that the reserved product is unavailable. 

The e-booking is considered to effective and final as from receipt by the Buyer of the text and/or email notifying availability of the reserved product.

15.2 Price

The price indicated for each product when placing the e-reservation, is the price to be paid in store. Any payment for a product reserved on the Website is made directly in store at the time of purchase of the product. 

15.3 Terms

The use of the e-reservation service is limited to eight products reserved at the same time by one Buyer. Depending on the opening times and days of the chosen store, any request for e-reservations made on the Website by Buyers will be processed within 1 hour. Upon arrival in store, Buyers must show the reservation confirmation text or email message. In the event that Buyers fail to present themselves at the store to recover the reserved product within the period indicated in the confirmation email, their reservation will be automatically cancelled and the product will be returned for sale.

 

16. Entire Agreement 

If one or more clauses of these General Terms & Conditions of Sale is found to be invalid or are declared as such by the law, a regulation, or a court ruling, the other provisions shall retain their effect and scope. 

 

17. Law and Applicable Law

The General Terms & Conditions of Sale are subject to French law subject to the mandatory rules of the Buyer's country of residence. The competent Court in the event of a dispute shall be the local court to the domicile of the defendant, or, optionally, to the effective place of delivery of the product. 

 
The Website complies with French law. Under no circumstances does CHAUSSEA.COM provide a warranty of compliance with the local legislation that is applicable to you, if you are accessing the www.chaussea.com website from other countries. 
In the event of a dispute, an amicable solution will be sought by priority over any legal action. To this end Buyers must first contact CHAUSSEA Customer Service using the following contact information: 

  • contact form: here 
  • Phone: 09.69.39.54.00 
  • Email: sav@chaussea.com 
  • Address: CHAUSSEA SAS CUSTOMER SERVICE 105 Avenue Charles de Gaulle 54910 VALLEROY 

If no amicable solution can be reached directly with CHAUSSEA, Buyers are hereby informed of the option of initiating, at their choice, an alternative conflict resolution proceeding or proceedings before the competent courts. 

In accordance with the provisions of the French Consumer Code concerning "the mediation process for consumer disputes", the Customer has the right to have recourse free of charge to the mediation service proposed by CHAUSSEA.
The "consumer law" mediator thus proposed is CM2C.
This mediation service can be reached by :
email : cm2c@cm2c.net
or by post : CM2C, 14 rue Saint Jean 75017 Paris

 

18. Language of the Agreement 

The General Terms & Conditions of Sale exist in French, Dutch and English.