Chiccham’s General Sales Conditions
(France and other european countries)
1. Introduction and denomination of the parties
These General Sales Conditions (hereafter known as the "Conditions") are agreed to between:
On the one side, Chiccham S.A.R.L, capitalised at 20,000 Euros, registered on the Company Commercial Register in Aix en Provence under the number 524 935 665 and situated at 7 LO ZA LES PIELETTES, 13740 LE ROVE, hereafter referred to as "Chiccham",
And on the other side, persons, individually or otherwise, wishing to carry out a purchase via the online site (Internet) www.chiccham.com, hereafter referred to as the "Clients" or "the Client", as the case may be.
Chiccham and the clients together are hereafter known as the "Parties".
The site www.Chiccham.com is hereafter communally known as the "Chiccham website".
These general conditions are aimed at defining sales methods between Chiccham and its Clients, from order through to delivery, the use of services made available by Chiccham and payment.
They govern all steps necessary for the placing of an order and ensure the follow up of this order between the Parties.
Should these clauses be different in terms of Client quality, individual or company, these differences should be mentioned in a clear manner.
3. Field of application
These Conditions govern the sale of products situated on the Chiccham website on the day the order is placed by the Client over the Internet.
4. The order
4.1 Ability to sign a contract
The purchase of a product to be found on the Chiccham website shall not be regarded as an everyday management act in accordance with article 1124 of the Civil Code, and as such any client of Chiccham shall have the authority to enter into a contract under the conditions described hereafter, that is to say being an emancipated minor or having the status of being over eighteen years of age and not being protected in the sense of article 488 of the Civil Code.
Chiccham reserves the right to refuse any order from a Client with whom there may exist or may appear to exist a dispute during the handling of an order, in particular a dispute regarding payment.
4.2 Acceptance of Conditions by the Client
These Conditions can be read directly on the Chiccham website. Upon simple request from the Client, they can also be sent by e-mail, fax or post.
The fact that the Client ticks the box "I have read and I accept the sales conditions" before validating his order, automatically involves specific acceptance by the latter without restriction or reservation of these Conditions. The Client recognises by this deed having read, understood and accepted these Conditions.
4.3 Product Characteristics
In accordance with article L 111-1 of the Consumption Code, Chiccham makes the best effort to present, on the technical files of the products, the essential characteristics of the latter of which the Client should be aware.
Chiccham reserves the right to modify its range of products namely in terms of the constraints linked to its suppliers.
The information and characteristics are those given by the suppliers. Chiccham is in no way responsible for any erroneous data which may be transmitted by the manufacturers.
The photographs and graphics displayed on the sites or in the e-mail sent by Chiccham are only indicative and are principally those given by the suppliers. More particularly, Chiccham cannot be held responsible for the difference in the perception of shapes and colours between the photographs and graphics displayed.
4.4 Date of the order
The date of the order is considered to be that of the validation date of the order by the Client when payment by banker's card has been carried out online.
4.5 Information supplied at the time of order
The Client is responsible for the accuracy and completeness of the information in his Client account and his order to ensure its proper handling. Thus, in particular, the Client’s address and address of delivery of the order is his entire responsibility.
Chiccham cannot be held liable for the consequences resulting from additional delays or additional delivery costs resulting from misinformation. The costs undertaken by Chiccham resulting from misinformation supplied by the Client will be the Client’s responsibility, in particular the costs of sending out the order for a second time.
Product prices are expressed in Euros, all taxes included and excluding shipping costs. The prices take into account VAT applicable on the day of order. Any change to the applicable rate can be reflected in the product prices after the date of its becoming valid.
The rate of applied VAT is a percentage of the value of sold merchandise and 19.6% for a delivery in Metropolitan France, Corsica and Monaco.
The recycling fees are clearly and distinctly indicated in compliance with legislation in force in the product files.
The Chiccham supplier tariffs being in constant evolution, the prices displayed on the sites are capable of being modified at any time. They are also susceptible to variations for price launch, promotional or sales reasons.
All prices given are subject to obvious typographical errors or a purely material price labelling error on the IT system.
The applicable price is that indicated on the Chiccham website on the date of registration of the order by the Client.
4.7 Shipping Costs
Shipping costs may be consulted on the Chiccham website under the heading "Payment and Delivery".
Save the exception mentioned on the product file, delivery to your address is free everywhere in Metropolitan France as from 80 € purchase price, all tax incl.
For multiple batch orders, shipping costs will only be invoiced once.
For orders amounting to under 80 €, all tax incl., a share in delivery costs is invoiced.
Delivery costs are due on sale items.
Delivery conditions outside Metropolitan France, and for certain categories of products, namely those of made-to-measure products (carpets), are the object of specific methods which can be consulted under the heading "Deliveries" on the website.
In all cases the Client is advised of shipping costs before definitive registration of the order.
4.8 Placing of the order
The Client can place his order with Chiccham via the Internet on Chiccham’s website.
The placing of an order should include all information necessary to the handling of the latter in good conditions. In all cases, Client identification allowing registration of the order should at least contain the following information:
- The Client should identify himself either with the assistance of his Client number or by giving all information usually requested for an online registration;
- The Client should clearly identify the products selected with the references indicated on the Chiccham websites. In the case of products bearing options, these specific references appear when the right options are selected;
- The Client should also indicate the amounts requested;
- The Client should also clearly indicate the information required for delivery. That concerns in particular the exact address for delivery in addition to any possible restrictions for accessing the place of delivery (refer to the paragraph concerning deliveries);
- Lastly, the Client should also indicate the chosen payment method. When the order involves one or several parcels or difficult or unusual delivery conditions, Chiccham reserves the right not to accept the order with the usual delivery costs. Chiccham will then contact the client to advise him of the delivery costs applicable to his order.
4.9 Product Availability
Availability of a product can vary very quickly depending on sales. Chiccham carries out a very frequent update of availabilities, but cannot be held responsible if the stock is no longer the same as that indicated.
Availability can also vary on the same day depending on sales volumes.
The dispatch times indicated in the descriptive files are the indicative time periods in the event that the product(s) is/are not available in the Chiccham stock. They can therefore be subject to variations of which the Client will be informed by Chiccham in its follow up of the order in the event of a slight delay or by e-mail in the case of an extended delay.
If Chiccham cannot obtain a product ordered from its suppliers, it will notify the client of the envisaged delay by e-mail or by post. The latter will then be able to choose to cancel his order on the basis of this new information. No cancellation penalty will be applied for such order cancellation. No cancellation indemnity (outside total reimbursement of the order) will be able to be asked for either.
Chiccham only undertakes to honour orders received within the limit of available stocks of products or in the limit of stocks available with its suppliers. In the absence of availability of the product(s), Chiccham undertakes to inform the Client as quickly as possible.
In the case of unavailability, Chiccham may offer the Client a product of a similar quality or price. The Client’s formal agreement will then be requested by Chiccham before any dispatch is effectuated.
4.10 Confirmation of order
An e-mail is automatically sent to the Client to confirm the order has been placed, subject to the fact that the e-mail address indicated on the registration form contains no errors.
Chiccham does not confirm orders by post or fax.
5. Cancellation of order and retraction
5.0 Before the sending by Chiccham or before receipt by the Client
Chiccham offers its Clients the possibility of cancelling their orders at any time. This possibility includes the legal conditions of cancellation set out by law after receipt by the Client.
Several cases present themselves:
- The order has not been sent yet. Cancellation is thus immediately taken into account by Chiccham.
- The order has already been completely or partially sent. Chiccham takes into account cancellation of the products which have not been sent out yet and the Client can refuse the package already sent when it is presented.
In these two cases:
the Client should contact Chiccham’s commercial department in order to inform them about this cancellation prior to the product being sent out again. The Client will be asked for written confirmation by e-mail so as to avoid any cancellation by any other person than the Client. This prior contact is aimed at advising the Client of the return procedure in addition to the documents to be attached to the package so as to be able to trace it.
5.1 Reimbursement and exchange after receipt or dispatch
In compliance with article L121-20 of the Consumption Code, the Client can cancel its order within 7 working days after receipt. The return costs of the product are to be borne by the Client. In compliance with article L121-20-21 of the Consumption Code, Chiccham can offer the Client a replacement product. If the Client does not wish to benefit from this offer, he will then be reimbursed as soon as possible and at the latest within 30 days following the carrying out of his ability to retract.
5.2 Conditions linked to exchanges and reimbursement
The right of exchange or reimbursement only applies insofar as the product is returned in a perfect condition for re-sale, packaged (or re-packaged) in its original packaging, complete and presenting no trace of shock, malfunctioning or showing any sign of having been used. Chiccham reserves the right to refuse this exchange or reimbursement if the products received in return do not respect these conditions.
In application of paragraph 3° of article L121-20-2 of the Consumption Code, the right of retraction does not apply to the products which are made to measure upon Client’s request.
Return of reimbursed or exchanged products is the Client’s responsibility unless otherwise indicated on Chiccham’s websites.
5.3 Product return conditions
All returned items without exception should be preceded by an e-mail request to Chiccham. Chiccham’s commercial department will then indicate to the Client the steps to be followed.
So as to allow the product(s) to be returned under good traceability conditions, the Client will use the specially designed return coupon to be found in his account on the Chiccham website on the page "registration of a return".
Chiccham reserves the right to refuse the receipt of a returned item at its warehouses of which it has not been notified or where the appropriate instructions have not been followed. A returned item not respecting this procedure and for which the packet(s) may have been lost during transport cannot be considered by Chiccham. No indemnity or reimbursement may then be demanded by the Client who has not followed the customer service instructions.
6.1 Payment methods
When a Client is an individual, it can settle its order online on the Chiccham website by banker’s card (debit card, Visa card, Eurocard, Mastercard).
Chiccham implements all necessary means so as to ensure safety and confidentiality of the data transmitted online (online payment on the Chiccham website). With this aim, the Chiccham website uses a secure payment method known as SSL (Secure Socket Layer). The transaction is carried out via a renamed bank which only has available banking information supplied on the site at the time of payment.
The order slip which the Client fills out online or the order confirmation sent by e-mail to the Client by Chiccham does not constitute an official invoice document. Whatever may be the adopted means of order and payment, the Client shall retain the original invoice in his online account tracking.
Chiccham retains an electronic copy of each invoice.
In the event of a delivery to an address different from that of invoicing, the invoice is in all cases solely available in the online follow up of orders of the Client’s account and is therefore not attached to the package.
6.3 Payment date
In the case of a one-off payment by banker’s card, the Client’s account will be debited the amount of his purchases at the time his payment is validated.
6.4 Payment delays
In the case of refusal on the part of the bank of a debit card or in case of a cheque being returned or any other means of payment being declined, it is for the client to contact customer service so as to settle the account by an acceptable payment method.
6.5 Transfer of ownership
Chiccham remains the owner of the products delivered until they have been completely paid for by the Client. From the time of delivery of the products, the abovementioned provisions shall not prevent the transfer to the Client of the risks of loss or deterioration of the products subject to reservation of ownership and any damages which may have occurred.
7.1 Dispatch and delivery time periods
Orders done online via the www.Chiccham.com website are sent and delivered within the time periods indicated for each product on the Chiccham website as from the date of registration of the order as defined in paragraph 4.4 of these clauses.
It is specified that the orders registered on the Chiccham website on Friday afternoons, Saturdays or Sundays are handled the following Monday. Those orders registered on the Internet website on a Bank Holiday other than a Friday, Saturday or Sunday are also handled the following working day.
In the event of partial unavailability of the products, Chiccham can split up orders sent out. Thus, the products available can be sent out initially, the balance of the order being sent when the other products become available, without generating any supplementary cost for the Client.
Chiccham entrusts dispatch of the orders to different carriers whose special conditions can be found under the heading "Payment and Delivery" on the site. As an indicator, the carriers ensure delivery within 4 to 5 working days as from remittance of the packages to their services.
The products are packaged in such a way as to respect the transport standards in force and to ensure optimal protection of the products during their delivery. The Client is requested to respect the same standards when a product is returned, either as part of after-sales services or for reasons of suitability. Any ascertained damage of a product upon its return due to a packaging problem may result in a partial refund or no refund at all in the event that the product cannot be resold in its current state or in the case of aggravation of the technical problem indicated.
7.3 Order follow up
The Client, who has created an account with a user name and a password, can at any moment consult the status of his order on the Chiccham websites by logging on to his account. This follow up allows the Client to find out the status of the handling of his order but also the status of the dispatch of his package. This last delivery follow up is carried out via the Internet resources available for tracking deliveries. Chiccham can therefore not be held responsible for any lack of availability, or errors which may affect the information provided by its carriers. Notwithstanding, Chiccham makes every effort to render this information in the clearest way possible and to ensure that transport is carried out in the most reliable way possible by the carriers.
The Client can at any time contact Chiccham’s commercial department so as to be kept informed of the follow up of his order.
7.4 Place of delivery
The products ordered by the Client are delivered throughout the European Union to the address indicated by the Client at the time of validation of his order.
As indicated in paragraph 4.5 of these clauses, the Client is responsible for the quality of information relating to his delivery address supplied at the time of order. Chiccham will not be held responsible for the consequences which may emanate from an error in this information. All costs emanating from these consequences will be borne by the Client.
7.5 Delivery delay
In compliance with article L114-1 of the Consumption Code, the Client may cancel his order should delivery of the latter not occur at the latest seven (7) working days after the date of delivery indicated by Chiccham, unless this delivery delay is due to an Act of God in the sense of the jurisprudence of the French courts.
Within ten (10) working days following the cancellation request by the Client, Chiccham will carry out the reimbursement.
8. The Chiccham guarantees
8.1 Damaged packages
The Client must inspect the state of the package in the presence of the carrier and detail any necessary reservations on the delivery docket in the event of partial or total deterioration. Should there be no reservation, the product is considered accepted by the Client and may not be the object of any contestation in respect of its delivery. The Client should, after issue of these reservations, notify Chiccham by e-mail so that Chiccham may take the necessary and quickest measures, as much from the point of view of return of the product into its warehouses as from the point of view of a new delivery. In the event of an absence of notification, Chiccham may not be held responsible.
In the event of a strike by transporters or any other event of an exceptional nature slowing down or preventing delivery of the packages, Chiccham will use all operational methods to inform the client of the dispatch status of his package, but will not be held responsible for any delays caused.
8.3 Legal guarantee of compliance
The products are guaranteed against all manufacturing vices and any absence of compliance within the framework of normal use and conform with the intended use of the product in compliance with article L211-1 of the Consumption Code.
Any absence of compliance appearing within the two (2) years following receipt of the product should be immediately pointed out to Chiccham.
To make this guarantee valid, the Client must send an acceptance request by e-mail or registered post for the attention of customer service. For a better understanding of this request, it may be accompanied by photographs illustrating the ascertained fault or absence. The Client should retain the purchase invoice made available for download by Chiccham through its Client account.
The Client can then choose between having the product repaired or replaced. Nonetheless, in the case where the method chosen by the Client may involve a clear over cost, Chiccham may proceed with the other method.
In the event where repair or replacement of the product is deemed impossible, the Client may return the product and obtain complete reimbursement or retain the product and be reimbursed part of the cost.
Chiccham is freed of its delivery obligations in the case of an Act of God.
Chiccham accepts no responsibility for diverted use or bad use of the products the client has ordered.
The total or partial impossibility to use the products by reason of incompatibility of material may give rise to no compensation or reimbursement or questioning of Chiccham’s responsibility.
The sites linked directly or indirectly to the Chiccham website are not under Chiccham’s control. Consequently, the company assumes no responsibility as to information published on these sites. Links to third party sites are only supplied on the basis of convenience and involve no guarantee as to their content.
9. Signature, data protection, payment security
9.1 Registered and personal data
Visitors or Clients to the Chiccham website have at all times the right of access, modification, rectification and deletion of data concerning them in application of article 34 of the French Data Protection Act of 6th January 1978.
At the time of Client or order registration or within the framework of other specific operations, Chiccham offers visitors or Clients the chance to receive newsletters and promotional offers. The visitor or Client may, at any time, modify his subscription by means of his personal account or by means of a link at the bottom of the offers received by e-mail.
Chiccham undertakes to take into account the subscription and unsubscription modifications, either partial or total, to e-mails which are commercially distributed on behalf of its website or its partners as quickly as possible, depending on the action required.
Chiccham informs its Clients that the handling of such registered and/or personal information has been the object of a declaration to the CNIL under the number 1495303.
9.2 Intellectual property
All items on the Chiccham website, such as images, graphics, videos or sound recordings, including underlying technologies used, are protected by author’s rights, trademarks or patents. They are the exclusive property of Chiccham.
Any person possessing an Internet website wishing to place a direct link to the Chiccham website on its own site should ask for authorisation from Chiccham. Any authorisation given by Chiccham will in no case constitute an implicit agreement of affiliation nor will it be given on the basis of being definitive. This link must be withdrawn upon Chiccham’s simple request.
9.3 Integrity and validity of these conditions
A change in legislation, regulation or a legal decision rendering one or several clauses of these General Sales Conditions null and void and invalid shall not affect the validity of these conditions. Such a change or observation shall in no case allow the Client not to respect these General Sales Conditions.
If a condition is not specifically mentioned, it would be considered as being governed by the customs in force within the distance selling sector, the companies in which have their headquarters in France.
9.4 Duration and application
These Conditions apply to any purchase carried out on the Chiccham website for as long as the www.chiccham.com shop is online.
These Conditions, accurately dated, are modifiable at any time by Chiccham. The applicable Conditions are those in force on the date of registration of the order. The last modification date of these General Sales Conditions features at the bottom of these conditions.
9.5 Territoriality and applicable law
Clients who order via the Chiccham website exclusively in the French language are considered to be purchasing in France and are therefore subject to French law.
In the case where the Client is a company placing an order within the framework of his professional activity, jurisdiction in the event of a dispute shall be awarded to the competent courts of Aix en Provence, unless an amicable agreement is reached between the Parties.