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General terms and conditions of sale applicable on the www.caval.fr website
These general terms and conditions of sale apply without restriction or reservation to all online sales offered by the company CAVAL on the website www.en-caval.fr (hereinafter referred to as "the Site").
The Site is an e-commerce platform that allows Internet users (hereinafter referred to as "Buyers") to purchase pairs of shoes offered for sale on the Site (hereinafter referred to as "Products").
The purpose of these general terms and conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the Site.
The applicable version of the general terms and conditions is the one that can be consulted online on the Site on the date of the Buyer's order, a copy of which is sent to him/her with his/her order confirmation.
These general terms and conditions of sale prevail over any other general or special terms and conditions not expressly approved by CAVAL.
The Site is operated by CAVAL, SAS, registered with the Nanterre Trade and Companies Register under number 830 984 860, whose registered office is located at 54 avenue Aristide Briand - 92160 Antony (hereinafter: " CAVAL "), which offers the Products for sale.
CAVAL can be contacted at the following address, in particular for any complaint:
CAVAL - La Caserne, 12 rue Philippe de Girard, 75010 PARIS
E-mail address: firstname.lastname@example.org
3.1 Legal capacity The Site is accessible :
- To any natural person with full legal capacity to commit under these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his/her legal representative.
- Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
3.2 Acceptance of the general conditions
The acceptance of these general conditions by the Buyer is materialized by a box to be ticked in the order form. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. The Buyer who does not accept to be bound by the present general conditions must not place an order on the Site.
4.1 Any Buyer may place an order for one or more Products without having previously registered on the Site. However, he/she may choose to register on the Site by filling in the form provided for this purpose.
In all cases, the Buyer must provide all the information marked as mandatory.
In the event that the Buyer wishes to register on the Site, any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the Purchaser's name (hereinafter: the "Account"), giving the Purchaser access to a personal space (hereinafter: the "Personal Space") which allows the Purchaser to manage his or her purchases in a form and according to the technical means that CAVAL deems the most appropriate.
The Purchaser warrants that all information provided in the registration form is accurate, current and truthful and is not misleading.
The Buyer undertakes to update this information in his Personal Space in case of modifications (in particular: change of postal address), so that they always correspond to the above-mentioned criteria. The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.
4.2 The Buyer may access his Personal Space at any time after having identified himself using his login and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
The Buyer is likewise responsible for maintaining the confidentiality of his or her user name and password, and any access to the Site using them is deemed to have been made by the Buyer. The Purchaser must immediately contact CAVAL at the address and phone number mentioned in article 2 of these Terms and Conditions if he/she notices that his/her Account has been used without his/her knowledge.
Before placing an order online, and in accordance with the provisions of article L111-1 of the French Consumer Code, the Buyer may examine the characteristics of each Product he/she wishes to order on the Site.
The Buyer has the possibility to :
- Order the Product he/she wishes to buy online, within the limits of available stocks, or to
- Pre-order the Product when it is no longer available in stock.
In these two cases, some Products can be personalized by the Buyer during the order or the pre-order, in particular by adding initials, a particular handmade design when this option is proposed by CAVAL, or colors.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on CAVAL for what is precisely indicated. The Buyer is however informed and accepts that some characteristics of the Products and notably their colour may not correspond exactly to the photographs presented on the Site, due to technical constraints, in particular in the case of Products customised by the Buyer.
6.1 Placing an order
When the Buyer has created an Account on the Site
To place an order, the Buyer must, after logging in, select the Product of his choice and place it in his basket.
The Buyer may access the summary of his/her basket at any time before the order is definitively validated and may correct any errors in the elements entered.
The order is deemed to have been received by CAVAL when CAVAL has confirmation of the payment made by the Purchaser.
When the Purchaser has not created an Account on the Site
As part of the order, the Purchaser is asked to provide his or her contact information for delivery and billing purposes.
He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be validated.
The Buyer guarantees that all the information he/she gives in the order form is accurate, up-to-date and sincere and is not misleading.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.
6.2 Order Confirmation After validation of the order, the Buyer receives by email a confirmation of the order which :
(i) summarizes the elements of the order and the expected time of delivery or stocking when the Product is not available at the time of the order,
(ii) includes the general terms and conditions in force on the day of the order,
(iii) includes the invoice corresponding to the order.
The Buyer must ensure that the details entered in his Account or communicated at the time of his order are correct and that they allow him to receive the order confirmation email.
If the Purchaser does not receive the confirmation email, the Purchaser must contact CAVAL using the contact details set out in Article 2. CAVAL recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Purchaser upon receipt of the order confirmation email.
The sale prices of the Products are displayed on the Site.
They are indicated in euros, including all taxes (French VAT and other applicable taxes).
CAVAL reserves the right, at its own discretion and in accordance with the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
The prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products.
The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
The applicable price is the one displayed on the Site at the time the Buyer's order is registered.
Warning: Outside the European Union and in the French overseas departments and territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Purchaser, in addition to the price paid to CAVAL.
These duties and taxes, the exact amount of which CAVAL cannot determine in advance and of which it cannot therefore inform the Buyer prior to placing its order, remain at the expense of the Buyer, who is solely responsible for the proper completion of any related declarations and/or formalities.
7.2 Terms of payment
The full price of the Products is due at the time of order.
Payment can be made online :
o by credit card, through the secure online payment service indicated on the Site,
o by Paypal,
... or by any other means that will be proposed on the Site at the time of the order.
When the Purchaser makes a payment through a payment service provider, the payment is made by the payment service provider concerned, which alone retains the User's bank details for this purpose.
CAVAL does not retain any bank details.
The Purchaser guarantees CAVAL that he/she has the necessary authorisations to use the chosen method of payment.
CAVAL reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any sum that would be due by the Buyer, in case of payment incident, or in case of fraud or attempt of fraud related to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be applicable as of right to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
Purchase invoices will be sent to the Buyer by any useful means.
7.4 Retention of Title
CAVAL retains full and complete ownership of the Products sold until full payment of the price, including delivery charges.
8.1 Territory of delivery
Buyers are expressly informed that the Site only offers delivery of Products to the following countries:
- Metropolitan France, Corsica and DOM-TOM,
- All countries of the European Union,
- All countries outside the European Union. The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
The delivery of Products ordered on the Site will be made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is located in the possible delivery territory for the Products concerned.
8.2 Delivery methods
The delivery of Products ordered on the Site is made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), which may only be located in one of the countries referred to in Article
Different delivery methods may be possible, depending on the categories of Products and their weight. The Buyer is informed before the validation of his order of the possible modes of delivery for the ordered Product as well as the times and costs corresponding to each of these modes.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product by this method.
8.3 Delivery times
Delivery is made within the time indicated in the order confirmation email.
The Site mentions, for each Product offered for sale, indicative delivery times according to the territories and delivery methods. The actual delivery time will be confirmed to the Buyer in the order confirmation email.
However, when the Product is not in stock at the time of the order, the delivery time will be indicated to the Customer by email only from the moment when the Product is back in stock. In the event of failure to deliver within the aforementioned period, the Buyer may cancel the order by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined CAVAL, in the same manner, to make the delivery within a reasonable additional period, it has not done so within that period.
The contract shall be deemed to have been terminated upon receipt by CAVAL of the letter or writing informing it of such termination, unless it has performed in the interim.
In the event of termination of the contract in the manner described above, the Purchaser shall be reimbursed for all sums paid, including delivery charges, within 14 (fourteen) days of the date on which the contract was terminated.
In any event, CAVAL reserves the right to approach the Purchaser in order to propose alternative solutions for reimbursing the price of the Products and the delivery charges.
The Purchaser must expressly and on a durable medium his/her acceptance of the choice of an alternative method of reimbursement.
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the ordered Products, to retract without having to justify his reasons or pay any penalties, except for the return costs which remain at his expense and which he must pay.
The Buyer who wishes to exercise his right of withdrawal must, before the expiry of the above deadline, fill in the form made available on the Site at the following address: https://caval.typeform.com/to/nwQhU1.
The Buyer will receive an acknowledgement of receipt of his request for withdrawal by email. The Products must be returned to CAVAL in their original packaging, without undue delay and no later than 14 (fourteen) calendar days following the communication by the Purchaser of his or her desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice.
The Buyer is deemed responsible for any deterioration of the Products upon their return to CAVAL. The Buyer will be reimbursed as soon as possible, and no later than 30 (thirty) days from the date of actual receipt of the Products by CAVAL.
The Purchaser has a period of 30 (thirty) days from the date of receipt of the Products ordered to request the exchange of the Product ordered for another Product of a different size or model. In the event that CAVAL does not have the requested Product in stock on the day the order is placed, CAVAL will inform the Purchaser of the timeframe within which the requested Product will be available, or will offer an alternative Product.
The Purchaser who wishes to exercise this exchange request must follow the exchange procedure indicated on the Site.
CAVAL will propose to organize the return of the Product with the carrier of its choice, and will inform the Buyer of this by any useful means.
CAVAL will propose to bear the costs of this return. The Products must be returned to CAVAL in new condition in their original packaging, without undue delay and no later than 14 (fourteen) calendar days following the communication by the Purchaser of his or her desire to exchange the product. They must be accompanied by a copy of the corresponding purchase invoice.
The Buyer shall be deemed responsible for any deterioration of the Products upon their return to CAVAL. The Buyer will receive a new Product no later than 3 (three) days from the date of actual receipt by CAVAL of the Products, provided that the Products are not damaged.
The Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the item sold, including defects of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him/her has a defect, a lack of conformity or is damaged, he/she must inform CAVAL at the address and phone number mentioned in Article 2 hereof, indicating the nature of the defect, the lack of conformity or the damage found and sending any useful proof, in particular in the form of a photograph(s).
CAVAL will organize the return of the goods with the carrier of its choice, and will inform the Buyer of this by any useful means.
CAVAL will bear the costs of the return. The Products must be returned to CAVAL in their original packaging.
They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be accepted.
CAVAL will carry out the necessary checks and will offer the Purchaser a replacement for the Product, where possible.
If it is impossible to replace the Product, CAVAL will refund the Buyer the full price paid for the Product, excluding delivery charges, by any useful means, as soon as possible and no later than 14 (fourteen) days after CAVAL informs the Buyer that it is impossible to replace the Product.
Buyers are solely responsible for the use they make of the Products.
It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products. They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Finally, it is up to the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
13.1 CAVAL undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this regard, CAVAL reserves the right to interrupt access to the Site temporarily for maintenance purposes. Likewise, CAVAL cannot be held responsible for any temporary difficulties or impossibilities in accessing the Site caused by circumstances beyond its control, by force majeure, or by disruptions in the telecommunications networks.
13.2 CAVAL does not provide the Purchaser with any guarantee as to the suitability of the Products to the Purchaser's needs, expectations or constraints.
13.3 In any event, the liability that may be incurred by CAVAL hereunder is expressly limited to proven direct damage suffered by the Purchaser.
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by CAVAL within the Site, as well as the models and Products sold by CAVAL, are protected by all intellectual property rights or database producers' rights in force.
Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of CAVAL is strictly prohibited and may be subject to legal proceedings.
CAVAL has a personal data protection policy, the characteristics of which are set out in the document entitled "Personal Data Protection Charter," which the Purchaser is expressly invited to read.
CAVAL reserves the right to insert on any page of the Site and in any communication to Purchasers any advertising or promotional messages in a form and under conditions to be determined by CAVAL.
CAVAL shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Purchaser would have access through the Site.
18.1 The following are strictly prohibited:
(i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site
(ii) any intrusion or attempted intrusion into CAVAL's systems
(iii) any misuse of the Site's system resources,
(iv) any action that imposes a disproportionate burden on the Site's infrastructure
(v) any breach of security and authentication measures
(vi) any action that may infringe the financial, commercial or moral rights and interests of CAVAL or of the users of its Site
(vii) any practice that hijacks the Site for purposes other than those for which it was designed, and more generally
(viii) any breach of these general terms and conditions or of the laws and regulations in force.
18.2 It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as the information it contains.
18.3 In the event of a breach of any of the provisions of this section or, more generally, of any laws and regulations, CAVAL reserves the right to take all appropriate measures and to initiate any legal action.
The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to CAVAL by email, to the address mentioned in Article 2.
Unsubscription is effective within a maximum of 14 (fourteen) days from the date of this request. It will result in the automatic deletion of the Purchaser's Account.
CAVAL reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the Purchaser's order.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute concerning the performance of the present contract that may arise between the Buyer and CAVAL, under the conditions set forth in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
To this end, he/she may contact the following consumer mediator
Centre de médiation et de règlement amiable des huissiers de justice (Medicys) Postal address: 73 Boulevard de Clichy, 75009 Paris E-mail address: email@example.com Telephone: 01 49 70 15 93 http://www.medicys.fr/index.php/consommateurs/
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.