Coup d'Coeur, sarl with a capital of 7500 euros

27 Bld Paoli, 20200 Bastia

Tél : 00.33.4.95.34.01.15

RCS Bastia 484775101

N° de TVA intracommunautaire : FR47484775101

Numéro de déclaration CNIL : 1391530

Introduction

The present general conditions of sale are concluded between, on one hand,
SARL Coup d’Coeur
27 Bld Paoli
20200 Bastia

Registered on the RCS of Bastia under the number 484 775 101 below called " Coup d'Coeur " an owner of the site to vetements-online.fr.

And, on the other hand,

The Internet users who wish to make a purchase on the site of Blow of visible Heart at the following addresses:

Http: // www.vetements-online.fr

The present conditions govern the sale of any product presented on the vetements-on-line site of the company Coup d’Coeur.

The parts suit that their relations will be exclusively governed by the present contract, with the exception of quite other condition. If a condition came to be lacking, it would be considered to be governed by the current manners in the sector of the remote sale companies of which have siege in France.

Articles are proposed in the sale only to the not trading physical persons.

They are intuitu personae concluded and can thus be the object of no transfer, whatever nature they are.

Products offered to the sale on the vetements-on-line site belonging to the company Coup d'Coeur can be acquired in all the countries.

Object

The present conditions aim at defining the modalities of sale between Blow of Heart and the Customer, from the order to the services, by way of the payment and the delivery.

They settle all the stages necessary for the signing of the order and assure(insure) the follow-up of this order between the contracting parties.

Articles and products

2.1 - Vetements-on-line has authority to offer to the sale of articles of clothing and fashion accessories.

Visible articles on the site are available while stocks last.

In every case, vetements-on-line makes a commitment to prevent by e-mail every customer who would have placed order of an unavailable article.


2.2 - Products proposed in the sale are described and presented with the biggest possible exactness.

However, if errors or omissions were able to occur as for this presentation, the responsibility of Coup d'Coeur could not be engaged.

Photos illustrating in support of the text products do not enter the contractual field.

VAT

The rules of taxation are the ones which are applicable to a French consumer or belonging to the European Community. The VAT is thus charged on the basis of the current legal price list in France for all the customers of the European Community. For the buyers ordering a product since a country outside the European Community, the sale price gets exclusive of tax.

Customs

There are no customs duties for products delivered in France or in the European Community. For other countries, customs taxes can possibly be due. It belongs to the customer to contact the customs services of his country to make a customs declaratio) if necessary. Vetements-online.fr can be on no account held for responsible of a possible additional cost bound to these customs taxes.

Price of products and delivery

3.1 - The prices are presented in euro .

3.2 - The inclusive VAT is the French applicable VAT in the day of the order. If the rate of VAT came to be modified, these changes can be echoed on the price of articles without that the customer is beforehand informed about it. However, the prices cannot be once modified the order of the customer spent.

Also, if one or several taxes or contributions, in particular environmental came to be created or modified, in increase as in decline, this change can be echoed on the sale price of present articles on the vetements-on-line site of it  company coup d'Coeur and documents of sale.

3.3 - The delivery in Metropolitan France is made for an average deadline from 3 to 5 days as from the reception of the order, in spite of any coincidence or of force majeure which would delay the delivery independently of the will and the diligences of vetements-on-line.

 Its amount is a function of the country of the delivery and of the mode of chosen sending.

Price lists are the ones practised by post in the day by the order.

Order

4.1 - The order can be registered on the site only if the customer clearly became identified by the entry of his customer identifier (or " login " consisting of his e-mail address mostly) and of his password which are strictly personal him.

Any order is worth acceptance of the prices and the description of products available on the sale.
Any contesting on this point will intervene within the framework of a possible exchange and guarantees below mentioned.

4.2 - Terms of payment: the customer has the faculty to pay by credit card banking directly.

4-3 In every case, whatever is the method of payment chosen by the customer, Coup dCoeur will acknowledge receipt of the order from its validation by e-mail or by quite other means at its convenience, according to the provisions of the article L121-19 of the code of the consumption.


Security of payments

To assure the safety of payments, the vetements-on-line site of the company Coup d'Coeur uses the service of payment secured SIPS of the company ATOS. This service integrates the safety standard SSL. The confidential data (the number of bank card in 16 figures, the expiry date and the visual cryptogram) are directly passed on coded on the server SIPS without passing in transit on the physical supports of the servers of Coup d'Coeur.

Guarantees

6.1 -All the articles can be the object of a refund or a transformation to credit note, excepted for those carrying an opposite mention.

The refund or the credit note must be asked for the deadline of 7 days, deduction made by the fixed expenses of treatment of the order. In the case of a request of refund of an article having gracefully been awarded or at a lower cost on the occasion of a special offer proposed to the user, it will be paid off at the level of the proposed special offer and not in its totality.

6.2 - The return of one or several articles for this deadline necessarily has to contain a tracking number  allowing the traceability of the parcel and to be accompanied with the number of return accompanied with the article in its original packing at the following address:

Coup d'Coeur, 27 Bld Paoli, 20200 Bastia

It is indispensable that the customer makes a request of return in his customer account to obtain a number of authorization of return.

Will be refused by the salesman any damaged article which would not have been the object of remarks or express reserves by the customer from the delivery. To be accepted by Coup d'Coeur, articles and original packings must have returned to their state of origin without having been worn nor washing.

Our service return makes a qualitative control with reception of returned articles. Coup d'Coeur so reserves the right to accept or to refuse the article returned to functionit qualitative state. Besides, the sendings of documents, letters of recommendation or contesting, checks, or complement to payment must be only made at the address of Blow of heart, 27 bld Paoli, 20200 Bastia.

6.3 - All the articles are subjected to a contractual guarantee, which does not put obstacle to the legal guarantee planned by articles 1641 and following ones of the Civil code.
The user benefits for articles of a guarantee allowing him to send back defective delivered articles according to articles L 211-4 and following ones of the Code of the consumption.

· Article L211-4 codes of the consumption

The salesman is anxious to deliver the good in compliance with the contract and answers defects of conformity existing during the delivery.

He also answers defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was put at his expense by the contract or was realized under its responsibility.

· Article L211-5 codes of the consumption

To be in compliance with the contract, the good owes:

1 to Be appropriate for the custom usually expected from the similar good and, if necessary:

- Correspond to the description given by the salesman and possess the qualities which this one presented to the buyer in the form of sample or of model;

- Present the qualities for which a buyer can legally wait in consideration of the public statements(declarations) made by the salesman, by the producer or by his representative, in particular in the advertising or the labeling;

2 Either to present the characteristics defined unanimously by the parts or to be appropriate for any special usage looked for by the buyer, worn in the knowledge of the salesman and that this last one accepted.

• Article L211-12 code of the consumption

The action resulting from the defect of conformity lapses by two years as from the delivery of the good.

• Article 1641 code civil

The salesman is held by the guarantee at the rate of the defects hidden from the sold thing which make it unfit for the usage for which we intend it,

Either which so decrease this usage, that the buyer would not have acquired it, or would not have given only a lesser price, if he had known them.

• Article 1648 al 1er code civil

The action resulting from crippling defects must be instituted by the buyer within two years as from the discovery of the vice.
 

Signature et proof

7.1 - Every user of the site not holder of customer's number will have to follow a procedure of registration allowing him to obtain his customer's number.
This number is personal. Any loss or forgetting must be denounced to the services of coup d'Coeur soon by contacting the Customer service of Coup d'Coeur, 27 bld Paoli, 20200 Bastia or by phoning in 04.95.34.01.15

7.2 - In every case, the on-line supply of the number of bank card and the final validation of the order will be worth proof of the completeness of said order according to the capacities of the law of March 13th, 2000 and will be worth payability of the sums engaged by the seizure of articles appearing on the order form.
This validation is worth signature and express meaning of a word of all the operations made on the site. However, in case of fraudulent use of his bank card, the customer is invited, from the report of this use, to contact the customer service of Coupd'Coeur by calling the 00.33.4.95.34.01.15

7.3 - Registers computerized, preserved in the computer systems of the company Coup d'Coeur in reasonable conditions of safety, will be considered as proofs of the communications, the orders and payments intervened between the parts.

Responsabilities

8.1 - The company Coup d'Coeur has for all the stages of taking of order as well as for the stages later than the conclusion of the contract an obligation of result

So coup d'Coeur makes a commitment to describe with the biggest exactness products sold on the vetements-on-line web site of the sarl blow of Heart.

On the other hand, the responsibility of coup d'Coeurt could not be engaged in case the non-fulfillment of its obligations would be attributable either in the unpredictable and insuperable fact of a third to the contract or to the case of absolute necessity such as defined by the French Case law.

Also, the responsibility of Coup d'Coeur would not know how to be engaged for all the inconveniences or the damage inherent to the use of the Internet network, in particular a break of service, an outside intervention or the presence of computer viruses.

Name specific data

9.1 - Coup d'Coeur, for the needs of the service, reserves the right to collect name specific data relative to his customers.

9.2 - Coup d'Coeur besides reserves the right to give up commercially the data which it will have collected on its site.

9.3 - In every case, and according to the law n°78-17 of January 06th, 1978, every user or customer of the site can oppose at any time to the commercial use the aforementioned data and benefits on top of a right of access, of rectification and deletion of the data concerning him, either directly on Internet via the form of contact of the site, or by telephone to 04.95.34.01.15 or by mail by writing to Coup d’cœur, 27 bld Paoli, 20200 Bastia.

Intellectual property

10.1- All the elements of the vetements-on-line site, that they are visual or sound, including the underlying technology, are protected by the copyright, the brands or the certificates.

They are the exclusive property of Coup d'Coeur.

10.2 - The user who has a web site in a private capacity and who wishes to place, for a personal usage, on its site a simple link sending back directly to the vetements-on-line site of the company Coup d'Coeur, necessarily has to seek beforehand the authorization of Blow of Heart.

He cannot involve in that case an implicit agreement of membership.

On the other hand, any hypertext link sending back to the site of Coup d'Coeur and using in particular the technique of the framing, the deep-linking, of in - line linking or quite other technique of deep link is forbidden in any case formally.

In every case, any link, even tacitly authorized, must be removed on simple request Coup d'Coeur.

Completeness of the contract

11.1 -The present conditions concluded between Coup d'coeur and the customer express the completeness of the obligations of the parts. No indication, no document can engender obligations in conformance with the present, if they are not the object of an amendment  signed by both parts. No correspondence previous to the signature of the present contract can engender obligations in conformance with the aforementioned contract.

11.2 - However, if a condition came to be lacking, it would be considered to be governed by the current manners in the sector of the sale.

Tolerance or renunciation
12.1 - It was formally advisable between Coup d'Coeur and the customer that any tolerance or renunciation of one of the parts in the application of quite or left from the commitments planned on the present conditions, whatever was able to be the frequency and the duration, would not know how to be worth modification of the present agreement, nor generate some right.

 

12.2 - More exactly, no delay either any inactivity, abstention or omission on behalf of the customers in the exercise of the one some of its rights at the end of the present agreement will strike a blow right audit, or will be considered as implying from its part a renunciation to take advantage of this law.

Partial not validity

If a particular condition of the present conditions is considered as valid or declared such by a decision having binding force of the res judicata of a competent jurisdiction, the other conditions will keep all their strength and their impact.

Disputes

14.1 - The language of the present general conditions of sale is English.

14.2 - The competent court in case of dispute will be the one of the place of place of residence of the defendant or, in the choice of the defendant, the place of effective delivery of the product.

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