Applicable on 01/01/2019

1. Content and field of application

1.1. The Terms and Conditions of Sale are concluded between SAS CS PRODUCTION, a French company with a share capital of €10.000, registered in Limoges under the company number 840 019 590, and the person buying on the website clairesmati.com, hereinafter called « Customers » or « the Customer ». 

1.2. These Terms and Conditions are applicable and exclusive of any other condition, including those applicable for in-store sales or through any other retail branch network. These Terms and Conditions are available on the website at the following address: clairesmati.com and shall prevail over any other previous version or any other conflicting document.

1.3. The language of the Terms and Conditions is French. Should these Terms and Conditions be translated in another language, in case of discrepancies between the French text and any other language, the former shall prevail.

1.4. Any purchase made on www.clairesmati.com entails the acceptance of all these conditions. The Customer acknowledges having read the Terms and Conditions before placing his/her order.

1.5. The Customer and CS PRODUCTION agree that these Terms and Conditions exclusively govern their contractual relationship. CS PRODUCTION reserves right to revise the Terms and Conditions at any time. These updated Terms and Conditions shall be applicable immediately. If a condition is missing, it would be ruled by the French law.

2. Content

2.1. These Terms and Conditions are valid between the Customer and CS PRODUCTION for the purchase of the products offered for sale by CS PRODUCTION. These Terms and Conditions apply without restriction and reservation to all use of and orders placed on CS PRODUCTION website clairesmati.com.

2.2. These Terms and Conditions are only applicable for the purchase of products by Customers located in France and the European Union, and delivered within the French territory and the European Union area. For international delivery inquiries, please send an email to customerservice@clairesmati.com.

2.3. These purchase concern products presented on clairesmati.com.

3. Information on the products

3.1. By using the Website and/or placing an order on the Website, the Customer confirms he have carefully read these Terms and Conditions together with the Privacy Policy as well as all information mentioned in Article L221-5 of the French Consumer Code, and that he have understood and accepted them before placing an order. An order can only be placed if the Customer has previously confirmed his acceptance of these Terms and Conditions. In this respect, the Customer will be bound by these Terms and Conditions which are enforceable. Any order placed on the Website shall form a distant contract between the Customer and CS PRODUCTION.

4. Placing order

4.1. The Customer can place his online order from the online catalog by adding the products he chooses to his virtual shopping bag, within the limit of available stocks.

4.2. CS PRODUCTION does not guarantee that all Products presented on the Website are in stock or are available for purchase at the time of placing the order. This availability is for indicative purpose to the extent Products in the shopping bag are not reserved and may be purchased by other clients until the Customer has placed the order at checkout and received the order confirmation email. If a Product is unavailable, the Customer will be informed by a mention directly on the Website, or a mention in his order confirmation, or by email. The Customer can enter his email address directly on the Website if he wants to be informed when the Product is available again.

4.3. An order can only be placed if the Customer has previously confirmed his acceptance of these Terms and Conditions. In addition, he shall select the delivery address as well as the means of delivery and confirm the terms of payment.

4.4. Sale will be considered as final once the Customer has paid the full price in and CS PRODUCTION has sent to the Customer an order confirmation by email.

4.5. Any order placement means that the Customer has agreed the prices and products descriptions. Any disagreement on this point should be discussed with CS PRODUCTION.

4.6. In case of non-payment, dispute related to the payment of a previous order, wrong address or any other problem affecting the Customer’s account, CS PRODUCTION, at its option, shall be entitled to suspend his order or the affected part of his order until the problem is resolved.

4.7. Order of this Product shall be cancelled and the related payment shall be refunded. The rest of the order remains final.

4.8. For any question about an order, the Customer should contact CS PRODUCTION customer service by email at the address customerservice@clairesmati.com, Monday to Friday, from 9 a.m. to 6 p.m. 

5. Order confirmation

5.1. Once the Customer has confirmed his shopping bag, he must pay by credit card directly on the Website. CS PRODUCTION does not keep Customers’ bank details.

5.2. In all cases, the online supply of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the Website.

5.3. Any order is subject to a full payment obligation. The Customer has the choice between all the payment methods listed on the Website. The Customer confirms that the credit card that is being used is his or that he has been specifically authorized by the owner of the credit card to use it. All credit cards holders are subject to validation checks and authorization by the card issuer. If the issuer of the payment card refuses to authorize payment to CS PRODUCTION, the order will be cancelled accordingly. CS PRODUCTION is not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of the order. CS PRODUCTION reserves the right to refuse to make a delivery or to honor an order placed by a customer who failed to pay a part or the full amount of a previous order or with whom a payment dispute exists.

5.4. If the Customer notices a fraudulent use of his credit card, he must contact customerservice@clairesmati.com as soon as possible, or directly the online payment service provider as mentioned in Article L. 133-24 of the French Monetary and Financial Code.

5.5. Any unauthorized payment transaction will result in the application of the provisions set out in Article L. 133-18 of the same code.

5.6. After submitting the order, CS PRODUCTION will send to the Customer a payment confirmation email with a recap of his order. CS PRODUCTION advises the Customer to keep every digital proof related to the order and the payment transaction.

5.7. The connection logs, registered in CS PRODUCTION IT systems under conditions of reasonable security, shall be considered as proof of orders placed and payment between the Customer and CS PRODUCTION. Contracts, orders and invoices are stored on a reliable and sustainable support that can be produced as evidence.

6. Information on the products

6.1. The products governed by these Terms and Conditions are the ones that are on the Website, and that are indicated as sold and sent by the seller. Products are offered within the limit of available stocks.

6.2. CS PRODUCTION’s goal is to describe the products at the Website as correctly as possible. However, exceptionally some differences may exist between this information and the actual features. CS PRODUCTION commits to modify without delay any mistake notified by the Customer. More generally, the Customer should read all the information, guides and indications provided by CS PRODUCTION in order to get any complementary information.

7. Prices

7.1. CS PRODUCTION can change the prices of the products at any time but commits to apply the current prices that are indicated when the Customer places his order, within the limit of available stocks at this date.

7.2. The prices are quoted in Euros. The prices and delivery costs shown on the Website include VAT as applicable at the order date. Any change in the VAT rate shall be automatically implemented in the price of the products. The full price has to be paid when placing the order. At no time payments may not be considered as down payments or installments.

7.3. Furthermore, if one or more rates or taxes have been created or modified, whether increased or decreased, this change shall be reflected in the sale price of the products.

8. Products availability – refund – resolution

8.1. Except in case of force majeure, or exceptional circumstances clearly announced on the home page of the website, shipping time, within the limit of available stocks, will be those indicated when validating the order.

8.2. In the event that the date or delivery time stipulated in the order is not meet for a valid reason, the Customer, before cancelling his order, will have to enjoin CS PRODUCTION to deliver the products in a reasonable period.

8.3. If the products are not delivered upon the expiry of the said period, the Customer is free to cancel his order. He will have to send a certified letter with return receipt requested to CS PRODUCTION – Service commandes – 7 rue Adrien Pressemane, 87170 ISLE – France.

8.4. Order is considered as cancelled when CS PRODUCTION receives the nullification letter, unless CS PRODUCTION has delivered the products in the meantime.

8.5. The Customer can nevertheless immediately cancel his order, if the dates or periods mentioned above constitute for him an essential condition of his order.

8.6. In this case, when the order is cancelled, CS PRODUCTION is liable to repay to the Customer all the sums paid without delay and no later than 14 days after the order cancellation date.

8.7. In accordance with article L. 242-4 of the French Consumer Code, any sums not paid, 10 days after the expiry of the 14 days period mentioned above, when due, shall automatically be increased by 5% for a lateness between 10 to 20 days, 10% for a lateness between 20 to 30 days, 20% for a lateness between 30 to 60 days, 50% for a lateness between 60 to 90 days, and by 5 additional points by new month of lateness until the penalty reaches the price of the product, then the legal interest rate.

8.8. If the product ordered is not available, CS PRODUCTION will contact the Customer shortly by phone or email. The Customer will have to choose between the refund of the sums paid within 30 days after the payment at the latest, and a replacement product.

9. Delivery

9.1. Ordered products are delivered by transportation company TNT.

9.2. Products are delivered at the address indicated by the Customer when placing order. Any parcel send back to CS PRODUCTION because of an incorrect or incomplete delivery address will be shipped again to the Customer with extra fees. The Customer can choose a billing address different from the delivery address when placing order.

9.3. The delivery of the products means the physical transfer of the products from CS PRODUCTION to the Customer. Such delivery may only occur following the payment confirmation from the bank of the Customer. CS PRODUCTION is offloaded from the delivery, which is entrusted by an independent transportation company. Delivery is considered as done as soon as the ordered products are handed over the transportation company. In these conditions, the Customers has no remedy against CS PRODUCTION in case of no delivery of the transported goods.

9.4. If the Customer is absent the day of the delivery, i) for French Customers, the delivery man shall leave a delivery note in the mailbox which will allow him to remove his parcel within TEN (10) days after the delivery, at the place and during the period indicated, ii) for European Union Customers, a second delivery attempt will be attempted. In case of no delivery, the Customer shall contact CS PRODUCTION by email at the address customerservice@clairesmati.com in order to organize the delivery.

9.5. If at the time of delivery, the original packaging is damaged, torn, opened, the Customer shall check the condition of the items. If they are damaged, the Customer must imperatively refuse the parcel and write a reservation down on the delivery slip.

9.6. The Customer shall indicate on the delivery slip in the form of handwritten reserves accompanied with its signature any anomaly regarding the delivery (damage, missing product in comparison to the delivery slip, broken products…).

9.7. This verification is considered as done as soon as the Customer, or a person he authorized, has signed the delivery slip.

9.8. The Customer shall confirm his reserves to the transportation company in a certified letter with return receipt requested within two business days after the delivery of the items, and send a copy of this mail by email at the address customerservice@clairesmati.com or by simple letter to CS PRODUCTION at the address indicated in the legal notices of the website.

9.9. If the products need to be returned to CS PRODUCTION, they must form the subject of a prior request to the seller within fourteen (14) days after delivery. Any claim made after this deadline will not be accepted. Products will only be accepted in their original condition (packaging, accessories, note…). In order to facilitate the return, a return label will be provided in each parcel. The Customer shall use the return label to return his products.

9.10. The procedure to be followed is described in article 12 hereinafter.

10. Products warranty

10.1. CS PRODUCTION guarantees the products conformity, so the Customer can make a request under the statutory warranty of conformity as mentioned in articles L. 217-4 and following of the French Consumer Code or the statutory warranty for hidden defects as mentioned in articles 1641 and following of the French Civil Code.

CS PRODUCTION will refund, replace, or make repaired the products judged as non-compliant or defective, in compliance with the procedure described in article 12 hereinafter.

CS PRODUCTION will refund the products judged as non-compliant or defective the earliest possible and within the thirty (30) days after CS PRODUCTION notices the non-compliance or hidden defect at the latest.

10.2. CS PRODUCTION shall not be liable in the following cases:

- non-respect of the legislation of the country in which products are delivered, that is up to the Customer to verify,

- in case of improper use, professional use, negligence, non-respect of the storage conditions of the products from the Customer, as well as a case of force majeure, as defined by the Cassation court.

CS PRODUCTION guarantees the products conformity, so the Customer can make a request under the statutory warranty of conformity as mentioned in articles L. 217-4 and following of the French Consumer Code or the statutory warranty for hidden defects as mentioned in articles 1641 and following of the French Civil Code. According to the statutory warranty of conformity, the Customer: 

- is entitled to issue a claim against CS PRODUCTION within 2 years from the delivery date of the product;

- may at its option, either require the repair or the replacement of the product ordered subject to the cost conditions as mentioned in article L.217-17 of the French Consumer Code;

- is relieved from evidencing the defects in conformity for a period of TWENTY-FOUR (24) months from the delivery date of the product.

Moreover, it is recalled that:

- the statutory warranty of conformity enforces independently of the commercial warranties potentially granted by the Suppliers;

- the Customer can implement the statutory warranty for hidden defects as mentioned in article 1641 of the French Civil Code. In this case, he shall choose between the resolution of the sale or a price reduction in compliance with article 1644 of the French Civil Code.

Hereinafter articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code:

Article L217-4 of the French Consumer Code

The seller shall supply goods in accordance with the contract and will be held liable for any non-conformity existing during the delivery. The seller will be also held liable for non-conformity resulting from the packaging, the assembly instructions or the installation where it is under its responsibility in accordance with the contract or where it has been performed under its supervision.

Article L217-5 of the French Consumer Code

Goods shall be in accordance with the contract:

1. Where they are inherent to the intended use for similar goods and as the case may be:

- if it meets the description given by the seller and has the features described by the seller to the buyer as a sample or a model;

- if it has the features that a buyer can reasonably expect regarding public statements made by the seller, by the producer or its representative especially in the advertising campaign or in the labelling;

2. Or if it presents the features defined in a mutual agreement between the parties or is inherent to any particular use expected by the buyer, brought to the seller’s attention and accepted by the former.

Article L217-12 of the French Consumer Code

The legal action resulting from non-conformity shall be brought within two years from the delivery of the goods.

Article L217-16 of the French Consumer Code

Where the buyer asks the seller, during the commercial guarantee period which has been granted at the time by the purchasing or the repair of a personal property, a restoration covered by the guarantee process, any period during the goods are not operated of at least seven days shall be added to the guarantee period which still runs. This period starts running from the buyer intervention request or from the date buyer make the goods available for reparation, to the extent such availability is made after the intervention request.

Article 1641 of the French Civil Code

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its indented use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if had known of the defects.

Article 1648 of the French Civil Code

An action resulting from prohibitive defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for article 1642-1, he buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices of lack of conformity.

11. Right of withdrawal

11.1. In compliance with provisions of the French Consumer Code, the Customer has 14 business days from the date of the order delivery to return the products he does not want and request the exchange or refund without penalty, except the return costs which remain at the expense of the Customer.

11.2. Returns shall be sent to the following address: CS PRODUCTION, 7 rue Adrien Pressemane, 87170 ISLE.

11.3. However, products must be returned in their original packaging and in a perfect condition within the fourteen (14) days after the Customer apprized CS PRODUCTION of his decision to withdraw.

11.4. Returns are to perform in their original condition and complete (packaging, labels, accessories, notes…) for their remarketing in new condition and accompanied by the invoice and the return label.

11.5. Worn, damaged, spoiled or incomplete products will not be accepted.

11.6. The right of withdrawal can be exercised online with the withdrawal form provided on the page xxlienxx. In this case, a confirmation email will immediately be sent to the Customer. Any other withdrawal declaration mean is accepted. It has to be unambiguous and express the will to withdraw.

Withdrawal Form

11.7. In case of the Customer exercises his right of withdrawal within the aforementioned period, the full price of the products bought will be refund, as well as the shipping costs charged when purchasing.

11.8. The exchange (subject to availability) will be done in a period of fourteen (14) days from the date CS PRODUCTION receives the products returned by the Customer in the conditions described hereinabove.

11.9. If CS PRODUCTION fails to respect its obligation to confirm the order, the withdrawal period is extended to 3 months from the delivery day. If, within this 3 months period, the email confirmation is delivered and the Customer acknowledges receipt of it, the 14 days period runs from the aforesaid confirmation.

12. Returning the products and refund procedure

12.1. In the case of the Customer wants to return the products as part of the application of the articles 9, 10 or 11 aforementioned, the following procedure must be respected.

12.2. Products are delivered with a prepaid return label and a return form. The Customer shall precise in this form the reasons of the return et if he wants to exchange his product or a refund. CS PRODUCTION will only exchange or refund the products sent back with the return form.

12.3. The return form must be dated and signed. Whatever the cause of the return, the delivery date shall be taken into consideration for the calculation of time limits.

12.4. CS PRODUCTION provides to the Customer a prepaid return label for the products delivered in the following countries: metropolitan France, Corsica, Germany, Belgium, Spain, Italy, Luxembourg, Netherlands, United Kingdom. The Customers living in other countries shall contact CS PRODUCTION by email at the address customerservice@clairesmati.com to know about the conditions and return costs.

 

12.5. Returns shall be sent to CS PRODUCTION, 7 rue Adrien Pressemane, 87170 ISLE.

12.6. In case of a refund request, a confirmation email shall be sent to the Customer. CS PRODUCTION shall refund the Customer within seven (7) business days after the sending of the email, subject to the application of the special provisions of article 10.2 of these Terms and Conditions. In promotion or sales period, this period may be extended. The Customer is informed that interbank execution time could delay the refund of the Customer.

12.7. The refund will be carried out by credit on the bank account of the Customer. 

13. Force majeure

13.1. All circumstances beyond the control of the parties that prevent them fulfilling their obligations in normal conditions are considered as grounds of exemption for parties obligations and lead to their suspension.

13.2. The party invoking the circumstances referred to above shall immediately inform the other party of their occurrence and end.

13.3. Any unforeseeable, unpreventable events beyond the control of the parties and which cannot be prevented by them despite all reasonably possible efforts shall be considered as case of force majeure. Force majeure includes but is not limited to the following events, such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. 

13.4. The two parties shall contact each other in order to examine the impact of the event and agree on the conditions under which the execution of the contract terms shall be continued. Should the force majeure exceed three months, the aggrieved party shall be entitled to terminate these Terms and Conditions.

14. Liability

14.1. CS PRODUCTION shall not be directly or indirectly liable for any damage suffered by the Customer or his equipment, linked to:

- An interruption of the Website beyond the control of CS PRODUCTION and/or done on purpose or not;

- Any incident or interruption of the Website caused by a dysfunction and/or an incompatibility with the Customer’s equipment and/or software and infrastructure;

- A case of force majeure as defined by the Cassation court;

- The non-authorized intrusion of a third party into CS PRODUCTION’s IT system leading to the diffusion of a malware.

15. Intellectual property

15.1. The complete website, as well as the elements in its design (technical files, drawings, texts, audios, software, animations, photographs, videos, illustrations, logos, and more generally all distinctive signs etc.) are the exclusive property of CS PRODUCTION and are therefore protected by the Intellectual Property Code and by the right of the author.

15.2. Customers are committed to not using this content; any reproduction of this content partial or whole is strictly forbidden and may constitute an infringement of copyright.

15.3. Any use of the logo, graphics and the trademark CLAIRE SMATI registered by CS PRODUCTION requires a preliminary written authorization from CS PRODUCTION.

16. Website availability

16.1. The Website is available on a 24 hour/7 day basis.

16.2. However CS PRODUCTION reserves the right to update, modify, suspend, without notice, the access to the Website for maintenance or any other legitimate reason. CS PRODUCTION can, with neither notice nor compensation, suspend the access to the Website in case of unauthorized or fraudulent use of the Customer’s account.

16.3. The Website unavailability does not give the Customer any rights of compensation.

16.4. In case of Website unavailability, the Customer is informed by all proper means and especially by a post on the homepage of the website or by email.

17. Insurances

17.1. CS PRODUCTION or any other company which could substitute for it, or any other party, declares having subscribed all insurances required to cover its activities, and to maintain them without interruption.

18. Personal data

18.1. Collecting personal data

18.1.1. For the needs of the realization of the services and as part as the delivery of the products presented on the website, CS PRODUCTION shall possibly collect the following personal data: names, first names, dates of birth, email addresses, phone numbers, bank details and physical address of the Customer.

18.1.2. When connecting to the Website, the Customer saves his data regarding his connection, his usage, his localization and the payment.

18.1.3. Cookies are used as part as the use of the website. The Customer can deactivate the cookies in the settings of his browser. He is informed that disabling cookies may cause the website to malfunction and prevent him from placing an order.

18.2. Processing personal data

18.2.1. Customer’s personal data collected are used for operations regarding customer relationship management, prospection according the preferences chosen by the user, creation of commercial statistics, management of the rights of the data subjects, management of debts and disputes, access and use of the website by the user; management of the operation and the optimization of the website; organization of the payment Services terms of use; verification, identification and authentication of the data the user gave ; creation of an assistance for users; personalization of the services by posting advertising according to the browsing history of the user, according to his preferences; frauds and malwares prevention and detection and management of security incidents.

18.3. Sharing personal data

18.3.1. Personal data may be shared with a third party company, in the following cases:

- when the Customer uses the payment services, for the execution of these services, the website is linked to banking and financial third-party companies with CS PRUDUCTION established contracts;

- when the user authorizes a third party’s website to access to his data;

- when the Platform works with service providers to provide users’ help, advertising and the other payment services. These service providers have a limited access to the Customer’s data as part as the execution of these services, and have a contractual obligation to use them in compliance with the applicable regulations regarding the protection of personal data;

- if required by law, CS PRODUCTION can transfer data in order to follow up the claim against the website and to be in conformity with administrative and legal procedures;

- if CS PRODUCTION is involved in a merger, acquisition, asset sales, or receivership operation, it shall sale or share all or part of its assets, included personal data. In this case, Customers would be informed before the personal data were transferred to a third party.

18.4. Security and privacy

18.4.1. CS PRODUCTION implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and non-authorized access.

18.5. Customers rights implementation

18.5.1. According to the applicable regulation regarding personal data, Customers possess the following rights:

- they can update or delete their data by connecting to their account and configuring the settings of this account;

- they can delete their account by writing to the email address customerservice@clairesmati.com;

- they can exercise their right of access to know personal data about the subject by writing to the email address customerservice@clairesmati.com. In this case, before the implementation of this right, CS PRODUCTION can request an evidence to support the identity of the Customer;

- if personal data hold by CS PRODUCTION are inaccurate, they can request the update of the information, by writing to the email address customerservice@clairesmati.com;

- Customers can request the erasure of their personal data in compliance with the applicable laws regarding the protection of personal data, by writing to the email address customerservice@clairesmati.com. 

18.6. Evolution of this clause

18.6.1. CS PRODUCTION reserves the right to modify the protection of personal data clause at any time. If a modification of the protection of personal data clause is done, CS PRODUCTION commits to publish the new version on its website. CS PRODUCTION shall inform its Customers about the modification by email at least fifteen (15) days before the time of effectiveness. If the Customer disagrees with the terms of the new protection of personal data clause, he can delete his account.

19. Various provisions

19.1. Partial non-validation: If one or several stipulations of these Terms and Conditions are held to be invalidated or declared such under by any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

19.2. Non-renunciation: The fact that one of the parties does not call on a failure by the other party in complying with any one whatsoever of the obligations mentioned in these Terms and Conditions may not be construed as a waiver of the obligation in question. 

19.3. Mediation: The parties commit to try to find an amical solution to any dispute that would arise between them before any lawsuit. The consumer Customer can also have recourse to a conventional mediation, by contacting the Commission of the mediation and the consummation or xxxxxxxx or request any other mean of alternative dispute resolution.

19.4. Applicable law and competence: In the event of unresolved disputes related to the interpretation, validity, enforceability or execution of these Terms and Conditions, the parties shall apply the French law. The parties shall submit their dispute to the French competent courts.