Terms and conditions of use of the www.chau7.fr website

Introduction
You are currently accessing one of the Côté Soleil business websites. This document's purpose is to inform you on the Côté Soleil business and on the general conditions of online sale (Contract terms).
You should read carefully the following provisions for they constitute an electronic contract establishing the terms and conditions of the chau7.fr online store.

After you filled out the order form, the "Double-click" you do to proceed to check out is a confirmation you have understood and agreed with the present Terms and conditions, once your order has been confirmed.

Therefore, you can only order products and services if you agree to all the conditions stated below. The user (person with the capacity to contract) and the Côté Soleil business are hereinafter referred to as the "Parties" and individually as "Party".

Interpretation

In this contract, each of the phrases listed below shall be understood as stated in its definition, that is to say:
- « The company » : The Côté Soleil business

- « Distance selling contract » : any contract concerning goods or services concluded between a supplier and a consumer under an organised distances sales or service provision scheme run by the supplier who, for the purposes of the contract, makes exclusive use of the Internet up to and including the moment at which the contract is concluded.

- « Customer » means any natural person who, in contracts to which these Conditions apply, is acting for personal purposes, or as representative of a juridical person, and who has the right to contract.

- « Purchase order » : document that describes the product ordered by the customer(*) who signs it by a "double-click"(*) for acknowledgement.

- « Order » : act that binds the customer to buy products or services and the company(*) to deliver and/or provide said products or services.

- « Product » : Goods or any part thereof to be supplied by the Company to or for the Customer.

- « Double-click » : Final validation by the customer of the purchase order A completed and validated purchase order is never confirmed without the customer's second validation. Such validation can be done via a checkbox stating the acceptance of Contract terms or a message asking for order confirmation.

Company

Name: Côté Soleil Ltd. - Capital : 7 500 €
- Siren (registration number) : 513 946 665

- APE Code 4791 A

- VAT number: FR 78 513 946 665
- Tax rate : 19,6%
- Address: 356 rue de Calvi, Epagny 74330, France - Phone number: 00 33 (0)9 77 63 05 02

- Email

Object
This herein contract is a distance selling contract aiming to define the rights and obligations of the parties as part of the sale of products offered by the Côté Soleil business. In this sense, it conforms to French regulations, that is to say:
- Law 2004-575 called Loi pour la confiance dans l’économie numérique. (Law for a trustworthy Digital Economy)

- Law 2008-3 implemented on Jan 3 2008 "pour le développement de la concurrence au service des consommateurs" (for the development of competition to serve customers)

- Recommendation 07-02 de la Commission des clauses abusives (Guidelines from the abusive clauses Commission), relative aux contrats de vente mobilière conclus par internet (regarding distance selling contracts via Internet)

It also conforms to OECD's recommendations in the field of Electronic commerce.

Minors Online protection

Our company attaches particular importance to the online protection of minors online as part of its online business activities Although there are "except cases where the law or usage authorizes minors to act for themselves"(art 389-3 of the civil code), 389-3 c. especially to make purchases of low value for day-to-day needs, we consider it fundamental to verify by any means available that the customer is legally competent to contract.

For that purpose, we may ask every customer placing an order on our website to prove they have the legal contractual capacity, in compliance with the obligations associated to the amended Law 78-17 on Data protection. In the event of a purchase buy a person lacking the legal capacity to contract, we advise their legal representatives(tutors or guardians) to have the transaction rescinded, in accordance with the article 1305 of the Civil Code.

Products

The products offered by Chau7.fr are presented on English, Spanish and French websites. Therefore, any citizen of the European Community or countries where the EU Directive 95/46/EC is enforced can't assert their linguistic ignorance as a valid cancellation or voiding clause of the contract.

The products offered by the Côté Soleil Business are those appearing on the www.chau7.fr website, on the date of access of said website, subject to availability. The illustrations presented on the website reflect the products sold on said website, subject to the limits inherent to the technical characteristics of Internet (resolution, screen colours display of the user...)

Due to the specificity of Internet and online selling, the company does not guarantee the availability of all the products on its website in real time. In the event of a product being temporarily or permanently unavailable, the company will notify its users via its website or by sending an email to the valid address provided by the customers. The Company will then offer: replacement of the products ordered by an equivalent product (in quality and in price), a credit note for the next purchase, or cancellation of the order (exercise of the right of rescission).

Prices

The company may modify the prices at any moment, except for sales completed for the price displayed on www.chau7.fr

In case of obvious typographical errors, leading to the display of a "disproportionate price", the sale can be voided or cancelled, as explained in the "Order processing" section.
The prices are displayed in Euro (€) and include taxes and order processing fees.

Shipping rates are payable by the customer, except for special conditions stated during check out. The different delivery options (and rates) are presented during check out and detailed in the order summary.

The purchase total must be paid in full to complete the order, unless specified otherwise during check out and/or stated on the invoice.

In the event of a delivery outside France, customs duty and taxes are entirely payable by the customer, unless stated otherwise. The customers have the responsibility to check their import options regarding the country of the delivery for the products ordered.

Order and Payment

Any order signed by a "double-click" by the customer constitutes an irrevocable acceptance that can only be objected to in the restrictive cases stated in the "Right to Cancel" and "Order processing" sections. Any agreement for a quote sent by mail to the customer, and returned to the Côté Soleil business with an explicit agreement, also constitutes an irrevocable acceptance.

Order processing terms comply with article 1369-5 of the French Civil Code.

- Any user that wishes to complete and validate an order must identify themselves by filling the appropriate form provided on www.chau7.fr. Such identification is done in strict observance of the amended Law 78-17 as stated in the "Policy" section.

- After checking the order contents and total cost (products ordered, shipping, eco-participation and, if any, optional services), and after modifying any incorrect instance, the user will give their final confirmation. Such confirmation will validate the official conclusion of the contract.

- The contractual information will be sent in a confirmation email to the customer before the end of the withdrawal period and subject to the provision by the customer of a valid email address under no restriction of use (a restricted professional email address for example). In this case, the company can not be held responsible for sending contractual information contractual and/or advertisement to an email address with restricted access.

For the order payment, the Customer has several secured payment options to choose from in the order processing and presented on the company website. When validating the order, the customer guarantees the company they have all the necessary permissions to use the chosen payment method.

For Credit card and Debit card payments, the customer must provide the card number and, depending on the type of card used, the expiration date and the card security code (3 digits code located on the back of the credit or debit card). The Côté Soleil Business guarantees the payment is secured by SSL encryption (Secure Socket Layer) to protect as effectively as possible all data related to the chosen payment method. The company ensures that the encryption methods and services used to secure transactions have been subject to an authorization or a registration under the current legislation.

For Credit card and Debit card payment, in the event of fraudulent use of the card, the contract clauses between the cardholder and the issuer, and between the company and its bank institutions apply, in compliance with article 132-4 of the Monetary and Financial Code.

If the only method of payment chosen is by Credit card or Debit card, the final validation of the ordre occurs as soon as full payment is issued. (Except for orders with specific provisions)

DELIVERY

Delivery times :
The company ensures that the deliveries are made in accordance with the guaranteed conditions of the carriers (except in case of force majeure, as defined by law), and that said conditions are stated on the www.chau7.fr website or during check out.

If an order is not delivered within the estimated delivery time, please contact the company via our customer service or by sending an email . If the delay exceeds 7 days, you may proceed to the order rescission, in compliance with the terms described in the "Right of rescission" section.

Colissimo:
Once we hand over your order to our carrier La Poste, you are home delivered within 48h (Working days for Mainland France, Corsica and Monaco orders), subject to deposit deadlines.

If you're out at the time of delivery or if the carrier can't deliver your order (No caretaker or front desk), a calling card is left in your mailbox with all the information you need to retrieve your parcel: Post office address, opening days and hours...

IMPORTANT:
You only have 15 days to retrieve your order from the date stated on the calling card. After that period of time, it will be automatically sent back to the sender.

To learn all about the Colissimo service conditions, please click here.

Shipping rates :

*Free shipping for any purchase over 60.00€ (tax incl.) delivered in Mainland France. Purchase over 100 € : 2.50€
All orders have a fixed rate for shipping and handling depending on the destination:

• Mainland France : 5,80€ or 8,30€ - Free shipping over 60€
• DOM TOM (French Overseas Departments and territories) : 10,45 € or 12,54 € (bef. tax), with or without required signature.  
• European Union : 13,65 € (Bef. tax)
• Rest of the world : 23,80 € (Bef. tax)  

Chau7 is not responsible for items damaged or lost by the carrier. If problems occur, customers may file a claim with the carrier, in accordance with the current legal term and regulations.
For more information about order tracking, please call this number : 0825 311 311.
We offer you registered mail services with required signature (recommended if your mailbox can be accessed by other people than yourself) If you choose this option, you will be charged an extra fee of 2,50€ For orders over 100€, shipping is free and you only pay the 2,50€ registered mail fee.

Free Colissimo Acces (No signature required) shipping for any purchase over 60.00€ (tax incl.) delivered in Mainland France. When choosing this shipping option, please note Chau7 will not take any complaint into account if you did not receive your shipment and the carrier declares it as delivered.

Incomplete or faulty delivery (due to the carrier)
Shipments are sometimes damaged or with missing/stolen content.
In case of a faulty delivery, please mention it on the carrier's delivery slip and refuse the shipment by sending it back to us together with a 170 report called "declaration of damage". If you notice such errors after the carrier is gone, please notify us, within 72h (working days) after you received your order, mail or by phone. In accordance with article 133-3 of the Commercial Code, you must notify the carrier, by extra-judicial means or registered letter, of the reasoned protest within three days (not including public holidays).

Incomplete or faulty delivery (due to the company)
While we carefully prepare each order, items are sometimes missing and shipments may be incorrect.
If you notice such errors, please notify us, if possible within 72h (working days) after you received your order. You may report this mail or by phone.

Lost shipment
In the event of the lost of a shipment by one of our carriers, please notify us as soon as possible.
The Company will proceed to an investigation with the concerned services.
 

Returns

For returns, please refer to the following page : Return Policy

All items returned by the carrier (uncollected shipment, wrong address, non-identifiable mailbox...) and unclaimed within 2 months from the date of order, will be put back in stock and available for sale. After that period of time, the customer can not claim a refund or the return of the products.

If the reason for non-delivery of the shipment is imputable to the buyer, he must pay the shipping fees for a new shipment. If the customer refuses these terms, within 2 months from the date of order, the products will be put back in stock and available for sale.

Right to cancel
In compliance with articles L121-16 and 121-20 of the consumer code, The consumer has seven (7) clear days in which to exercise his right of withdrawal. The time limit runs with effect from receipt of the goods by the customer.
For more information about handling returns, the customer can consult the following page : http://www.chau7.fr/modalites-de-retour-pxl-18.html This condition does not affect in any way the right to cancel.
Return Shipping rates remain entirely payable by the customer. Returned products must be complete and in a proper state for sale. We also ask for the products to be sent back in their original packaging and on the same terms and shipment guarantees defined for the original shipment of said products. In case of refund claim, the handling fees are to be deducted from the amount refunded to the custmer.

Please remember the right to cancel does not apply to customized goods. You will receive an email to inform you about the estimated delivery times within a few days after your order is registered. Attention, for all products bearing the "special order" label (made-to-measure, made-to-order, import goods, customer-specific order), there's no possibility of return, even within the legal period of withdrawal. Underwear products, such as briefs, g-strings, boxer shorts and swimsuits, can't be returned.

Right of rescission
In compliance with article L. 121-20-3 of the consumer code, we will indicate the maximum date of delivery of your order during check out. In the event of a 7 working days exceedance of this date of delivery (except in case of force majeure, as defined by law), you may exercice your right of rescission of the order via registered mail with required signature within 60 days after the initial delivery date. In such case, we will refund in full the paid amount (except return fees) within 30 days after we received your registered mail.

Order processing
The company reserves the right to refuse the order for a "legitimate reason" (as defined by law), including (but not limited to) in case of unavailability of the product, impossibility to perform the service, unfair request of the customer, the presumption of the customer's inability to contract or obvious intention from the customer to harm the company.
The company also reserves the right to refuse the order in case of obvious typographical errors, leading to the display of a disproportionate price, at the time of the customer's order. In the event of a disagreement on the interpretation between "low price" and "disproportionate price", concerning the price displayed on the website at the time of the customer's order, the customer may request the intervention of a third party as stated in the article "Applicable Law".
The order shall be fulfilled within 7 days after the estimated delivery time of the products or services as stated during check out, subject to the acceptance of said order by the company.
For estimated delivery times of special services (personalisation, customization...), please contact us.
An invoice is automatically sent to the customer after the order. This will be sent to the email address specified by the customer during check out, unless stated otherwise on his part.

Warranty
Contract warranty
The customer has a contractual warranty on the products supplied by the company. This warranty is displayed on www.chau7.fr and the duration varies depending on the type of products ordered.
Additional warranty services may be available depending on the products ordered. The application and princing of said services will be stated during check out.

Legal warranty
In accordance with articles L 211-4 et seq of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the user also benefits from a warranty that enables him to return defective delivered goods. · Article L211-4 of the consumer code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
· Article L211-5 of the consumer code
To conform to the contract, the product must :
1. Be suitable for the purpose usually associated with such a product and, if applicable :
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model ;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling ;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
· Article L211-12 of the consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
· Article 1641 of the Civil Code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
· Article 1648 1st al of the civil code
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
Disclaimer
The Côté Soleil business is liable for the total fulfilment of all obligations under the distance contract concluded, whether these obligations are to be fulfiled by the business itself or by sub-contractors, without prejudice to its right of recourse against said sub-contractors.
The Côté Soleil business can not be held liable for the non-fulfilment of the contract concluded, due to an event of force majeure (as defined by law) and particularly in case of total or partial strike of postal services and carriers, and in case of disasters caused by floods or fires. This limitation of liability also applies to the non-fulfilment of that contract, due to, unforeseeable and insuperable, a third party unconnected with the provision of the services. Regarding products purchased to meet professional needs, the Côté Soleil business is under no liability for any indirect damages resulting of said cases, business interruption, loss of profit, damage or expense that might arise.
The selection and purchase of a product or service are under the sole responsibility of the customer. The total or partial inability to use such products due to incompatibility of equipment can not lead to any form of compensation, refund or calling into question the responsibility of the Côté Soleil business, except in the event of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal.

Eco Participation (Ecotaxe)
It is possible that our site offers electrical and / or electronic products. In accordance with the Decree n° 2005-829 of 20 July 2005 relating to the composition of electrical and electronic equipment and to the elimination of waste from this equipment, the company offers a waste collection system based on the "1 for 1" principle.
Terms:
1 You may dispose of your electrical and/or electronic products with an organisation engaged in selective waste collection : municipal dump, local coordinating association (Emmaus or Envie for French examples)
2 The request for waste collection must be specified during check out. The exchange shall take place at the time of delivery of the new equipment.

Personally Identifiable Information (PII)
The information requested from the Customer are required to process the order and may be provided to contractors of the company (accountants, lawyers ....). They may also be transmitted to any competent authority to settle disputes between the company and one of its customers.
The customer can read in our "Data Protection" section about the nature of personal data treatment applied through the site www.chau7.fr
The customer can also exercise their right to access the data and if necessary, the right to have the data amended or deleted in compliance with the terms stated in "Data protection" and "Disclaimer" sections.

« Double-Click » and proof
The "double click" associated with the customer's authentication and non-repudiation process during check out, and the acceptance of these contract terms constitutes the confirmation of the order confirmation and the conclusion of the contract in accordance with the provisions of article 1369 -5 of the Civil Code.
The electronic data recorded, and stored on the company servers and its bank institutions servers, will be considered as rebuttable presumption (refutable) of all communications, orders and payments that occured between the parties.
By no means shall the company record telephone conversations between the company staff and its customers or prospects. If their customer service is subcontracted, the companycommits itself to forbid their partner to implement such services, recording, including as part of a "service improvement" campaign .

File storage and archiving
The archiving of the transactions-related data is made on a reliable and durable data storage devices, in compliance with article 1348 of the French Civil Code.
Archiving is thus in accordance with the AFNOR Standard NF Z 42-013 relative to the design and operation of information processing systems in view of ensuring the storage and integrity of the recordings stored in these systems.

Entire Agreement
These terms and conditions represent the entire obligations of the parties.
No general or specific condiction communicated by the Customer may be enclosed to these terms, except in case of a prior agreement between the parties prior to the contract conclusion.
The fact that the company does not claim a breach of contract by the Customer of any obligation contained herein can not be interpreted in the future as a waiver of the obligation in question.
The company reserves the right to edit or modify at any time these Contract Terms. If modified, the Contract Conditions in force on the date of order shall be applied. The company will also store on its servers every time-stamped versions of the Contract Terms.

Retention of title
The products delivered to customer remain the property of the company until the full execution of the contract. However, the risk transfer is effective immediately upon delivery of the products and / or services ordered on the online store.
The documents provided to the customer are under the French Intellectual Property Code. Therefore, they remain the proerty of the company. It is forbidden to reproduce, sell, or use the documents provided without the consent of the company.

Applicable Law
This contract is subject to French law, in accordance with EU directives.
This applies to both the substantive rules and the adjectival rules. In case of dispute, companies will favour an amicable settlement.
This search for an amicable solution does not disrupt by any means the set deadlines for a claim under warranty.
Otherwise, and in accordance with the provisions of Articles 46 to 48 of the NCPC (National Code of Civil Procedure), the French courts will have jurisdiction.
 

Intellectual Property
- All elements of the website frame (pictures, images, logos, flash® animations, modeled elements ...), and the technological elements (software products, back-office administration, offered services ...) are protected by the Copyright and are the sole property of their respective authors.
- The site contents (texts, articles ...) are the sole property of their authors and may not be copied or used without their approval. In accordance with the provisions of article L. 122-4 of the Intellectual Property Code, any complete or partial reproduction of the website contents is prohibited regardless of its form (reproduction, interleaving, distribution, inline linking and framing technologies...). Direct links to downloadable files on the website (regardless of the format) are also prohibited.
If you would like to link to our site, and before any implementation of said link, please contact us by mail before any implementation of the link to our site or its contents.
- Displayed texts from external sources have been reproduced with the implicit or explicit agreement of their respective authors. As such, reference is made on the sources and respective authors sites.


Status of links and contents
External Links
The links on the website (direct links, permalinks, link partners ...) redirect users to websites whose content is under the sole responsibility of the respective publishers of said sites. By no means can the Côté Soleil business be held responsible for the content of these sites. As we attach particular importance to the legality of the content of the linked sites, we kindly request that you report any content that seems illegal on websites to which links have been established.
Contents
The contents on the sites published by the Côté Soleil were prepared with the utmost care. As such, no libellous or illegal content is displayed on said sites. In addition, they include no information that can be regarded as "misleading advertising" as defined in Articles 121-1 et seq of the Consumer Code.

Advertisements on sites
Advertisements may be displayed on our sites. These can come from external sources (third party affiliate management platforms, Google® ads...) or be managed by our own advertising departmen. The Côté Soleil business can not be held responsible for the "misleading or aggressive " character of advertisements from external sources.
Regarding advertising under Côté Soleil business control, the company reserves the right not to broadcast advertising with an obviously misleading character as stated in articles 121-1 et seq of the Consumer Code.

Informatique et Libertés (Data privacy)
In accordance with recommandation 2005-284 of the CNIL, this website was not subject to a formal declaration. However, all present or future data processing on the said site have been or will be declared to the CNIL.
The aforementioned processings comply with the Simplified standard NS48 of 07/06/2005 issued by the Commission Nationale Informatique et Libertés (CNIL). You can find full details by visiting our "data protection" section.
In accordance with articles 38 and 40 of the 2004-801 Law of 06/08/2004, you have a right to access, correct, or delete data concerning you.
This right can be exercised online by sending an email or by mail at the following address:

Côté Soleil

356 rue de Calvi

74330 Epagny
France

Terms to exercise the right of access (Right which can not be exercised on the premises)
Before sending you personal data, we will ask for a proof of your identity. If you are not able to prove your identity, we reserve the right to refuse to send your personal data.
In accordance with decree 2007-451 of 25/03/2007, your request will be met within a maximum period of two months, subject to the non-excessive character of said request. A flat fee, that can not exceed the sum corresponding to the documents reproduction, will be charged to you following your request.
Concerning the rights of correction and deletion: the preliminary conditions are identical to those on the right of access.



Privacy Policy and Data Protection
A special section dedicated to our data protection and privacy policy has been drafted for this purpose. Please visit this section on our sites by clicking on the "data protection" section.


Hosting
All our sites are hosted on servers from the company:
- Créations Web

Customer Service
The Côté Soleil business customer service is only reachable online (email), >contact us or by telephone at 09 77 63 05 02 at the following times: Monday to Friday 2.30 pm to 5.30pm .
Given the large number of calls received, the requests are filed and processed in order of priority. Therefore, a non-urgent call is processed within a maximum of 48 working hours.

Contact You can contact us using the form on our contact page :

Date protection of the www.chau7.fr website
This policy establishes how we process the information we collect about you when you visit our site.
We attach great importance to the respect of the privacy and personal data of our users.
We also attach great importance to your privacy and personal data protection in the way we create, organize and implement our activities online and offline. To maintain maximum protection regarding processing personal data, our sites and their management entities will comply with the principles stated in:
• OECD Council Recommendation concerning Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data (C(80)58/FINAL).
• The European directive 95/46/CE on personal data protection
• The French Law 78-17, as amended by Law 2004-801 dated 06/08/2004 (called Loi informatique et Libertés or Data Protection Act) and its implementation decrees

Sites administration
The site you are currently visiting, www.chau7.fr, is managed from our headquarters located in France.