LEGAL NOTICE
Terms and conditions of sale applicable on the website www.caval.fr
General Terms and Conditions of Sale applicable
on the website www.caval.fr
Effective date: 23/07/2019
- Purpose
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.caval.fr (hereinafter: "the Site").
The Site is an e-commerce platform, which allows internet users (hereinafter: "the Buyers") to purchase pairs of shoes, offered for sale on the Site (hereinafter: "the Products").
The purpose of these general conditions is to define the terms and conditions of 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 page.
The applicable version of the general conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to them with their order confirmation.
These general terms and conditions of sale prevail over all other general or special conditions not expressly approved by CAVAL.
They may be supplemented, if necessary, by special conditions of use for certain services offered on the Site, which supplement these general conditions and, in case of contradiction, prevail over them.
- Seller identity and contact
The Site is operated by the company CAVAL, SAS, registered with the Nanterre Trade and Companies Register under number 830 984 860, with its registered office at 9 rue des colonnes 75002 PARIS (hereinafter: "CAVAL"), which offers the Products for sale.
CAVAL can be contacted at the following details, particularly for any complaint:
CAVAL - 9 rue des colonnes 75002 PARIS
Email address: je@caval.fr
SAS with capital of €9000
Siren No: 830984860
Intra-community VAT No: FR7883098486
Citeo IDU: FR300054_01JVYW
- Legal capacity and acceptance of general conditions
3.1 Legal capacity
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The Site is accessible to:
- Any natural person with full legal capacity to enter into these general conditions. A natural person who does not have full legal capacity may only access the Site with the consent of their legal representative.
- Any legal entity acting through a natural person with legal capacity to contract in the name and on behalf of the legal entity.
3.2 Acceptance of general conditions
The Buyer's acceptance of these general conditions is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance with reservations is considered null and void. A Buyer who does not agree to be bound by these general conditions should not place an order on the Site.
- Registration on the Site
4.1 Any Buyer may place an order for one or more Products without prior registration on the Site. However, they may choose to register on the Site by filling out the form provided for this purpose.
In all cases, the Buyer must provide all information marked as mandatory. If 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 Buyer's name (hereinafter: the "Account"), giving them access to a personal area (hereinafter: the "Personal Area") which allows them to manage their purchases in a form and according to the technical means that CAVAL deems most appropriate.
The Buyer guarantees that all information provided in the registration form is accurate, up-to-date, sincere, and not misleading.
They undertake to update this information in their Personal Area in case of changes (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating their Account serves as proof of their identity. The information entered by the Buyer binds them upon validation.
4.2 The Buyer can access their Personal Area at any time after logging in using their login ID and password.
The Buyer undertakes to use their Account personally and not to allow any third party to use it in their place or on their behalf, unless they bear full responsibility.
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They are similarly responsible for maintaining the confidentiality of their login ID and password, any access to the Site using these being deemed to have been made by the Buyer. They must immediately contact CAVAL at the contact details mentioned in Article 2 hereof if they notice that their Account has been used without their knowledge. They acknowledge CAVAL's right to take all appropriate measures in such a case.
- Product Characteristics
Before any online order and in application of the provisions of Article L111-1 of the Consumer Code, the Buyer can view, on the Site, the characteristics of each Product they wish to order.
The Buyer has the option to:
- Order the Product they wish to purchase online, within the limits of available stock, or
- Pre-order the Product when it is no longer available in stock and the pre-order option is activated.
The photographs and descriptions of the Products offered for online sale are as accurate as possible. They only commit CAVAL for what is precisely indicated. However, the Buyer is informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints, particularly in the case of Products customized by the Buyer.
- Order
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 their choice and place it in their basket.
They can access the summary of their basket at any time as long as the order has not been definitively validated and can correct any errors in the entered elements.
The order is deemed received by CAVAL when CAVAL has confirmation of the payment made by the Buyer.
- When the Buyer has not created an Account on the Site
As part of their order, the Buyer is invited to provide their contact details for delivery and billing purposes. They must fill in all fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.
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The Buyer guarantees that all information provided in the order form is accurate, up-to-date, sincere, and not misleading.
They are informed and accept that this information serves as proof of their identity and binds them upon validation.
6.2 Order Confirmation
After validation of their order, the Buyer receives an email confirmation that:
(i) summarizes the elements of the order and the estimated delivery time or stocking time when the Product is not available at the time of 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 contact details provided in their Account or communicated during their order are correct and that they allow them to receive the order confirmation email. Failing to receive it, the Buyer must contact CAVAL at the contact details mentioned in Article 2.
CAVAL recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed received by the Buyer upon receipt of the order confirmation email.
- Price and payment terms
7.1 Price
The selling prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
CAVAL reserves the right, at its sole discretion and according to terms it alone shall determine, to offer promotional offers or price reductions.
Prices do not include any delivery costs applicable to the delivery of the Products, which are billed in addition to their price. The amount of applicable delivery costs will be indicated before the Buyer validates the order.
The applicable price is the one displayed on the Site at the time of the Buyer's order registration.
Warning: Outside the European Union and in the French overseas departments and territories, customs duties or local taxes may be payable and may be charged upon receipt of the parcel by the Buyer, in addition to the price paid to CAVAL. These duties and taxes, the exact amount of which CAVAL cannot determine in advance and therefore cannot inform the Buyer prior to their order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or formalities relating thereto.
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7.2 Payment Terms
The full price of the Products is due upon 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 offered on the Site at the time of order.
When the Buyer makes a payment through a payment service provider, the payment is made by the relevant payment service provider who alone retains the User's bank details for this purpose. CAVAL does not retain any bank details.
The Buyer guarantees to CAVAL that they have the necessary authorizations to use the chosen payment method.
CAVAL reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site.
Penalties equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt.
7.3 Invoicing
Purchase invoices will be sent to the Buyer by any appropriate means.
7.4 Retention of title
CAVAL retains full ownership of the Products sold until full payment of the price, including delivery costs.
- Delivery
8.1 Delivery Territory
Buyers are expressly informed that the Site only offers Product delivery to the following countries:
- Metropolitan France, Corsica and overseas departments and territories,
- All countries of the European Union,
- All countries outside the European Union.
For each Product offered for sale, the Site indicates the possible delivery territories for that Product.
The delivery of Products ordered on the Site will be made to the address indicated during the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is within 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 during the Buyer's order as the "delivery address" (which may be different from the billing address), which can only be located in one of the countries referred to in Article 8.1.
Different delivery methods may be possible, depending on the product categories and their weight.
The Buyer is informed before validating their order of the possible delivery methods for the ordered Product as well as the corresponding times and costs for each of these methods.
The Buyer must select the desired delivery method and provide all necessary information for the effective delivery of the Product according to this method.
8.3 Delivery Times
Delivery is made within the time indicated in the order confirmation email.
For each Product offered for sale, the Site indicates estimated delivery times depending on 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, this time can only be indicated to the Client by email from the moment the Product is back in stock.
Failing delivery within the above deadline, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or by writing 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 this period.
The contract is considered cancelled upon receipt by CAVAL of the letter or writing informing it of this cancellation, unless it has performed in the meantime.
In the event of cancellation of the contract according to the above terms, the Buyer will be refunded all sums paid, including delivery costs, no later than 14 (fourteen) days following the date on which the contract was cancelled.
CAVAL reserves the right in any case to contact the Buyer to offer alternative solutions for reimbursement of the price of the Products and costs
of delivery. The Buyer must explicitly and on a durable medium express their acceptance of the choice of an alternative reimbursement method.
- Right of withdrawal
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the ordered Products, to withdraw without having to justify reasons or pay penalties, with the exception of return costs which remain at their charge and which they must pay.
A Buyer wishing to exercise their right of withdrawal must, before the expiry of the above period, fill out the form made available on the Site at the following address https://caval.typeform.com/to/nwQhU1.
The Buyer will receive an acknowledgment of receipt of their withdrawal request by email.
Products must imperatively be returned new to CAVAL in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of their wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in case of deterioration of the Products during their return to CAVAL.
The Buyer will be refunded as soon as possible and at the latest within 30 (thirty) days from the date of effective receipt of the Products by CAVAL.
- Product Exchange
The Buyer has a period of 15 (fifteen) days, from the date of receipt of the ordered Products, to request the exchange of the ordered Product 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 of the order, CAVAL will inform the Buyer of the period within which the requested Product will be available, or will offer an alternative Product.
The Buyer who wishes to exercise this exchange request must follow the exchange procedure indicated on the Site.
CAVAL will propose to organize with the carrier of its choice the terms of the return, which it will inform the Buyer by any useful means. CAVAL will offer to bear the costs of this return.
The Products must imperatively be returned new to CAVAL in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of their wish to exchange the product. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in case of deterioration of the Products during their return to CAVAL.
The Buyer will receive a new Product at the latest within 3 (three) days from the date of effective receipt of the Products by CAVAL, provided that they are not damaged.
- Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the item sold, including conformity defects resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to them has a defect, a lack of conformity, or is damaged, they must inform CAVAL at the contact details mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity, or damage observed and sending any useful supporting documents, particularly in the form of photograph(s).
CAVAL will organize with the carrier of its choice the terms of the return, which it will inform the Buyer by any useful means. CAVAL will bear the costs of this return.
Products must imperatively be returned new 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 above terms cannot be taken into account.
CAVAL will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, CAVAL will refund the Buyer the full price paid for the Product excluding delivery costs, by any appropriate means, as soon as possible and at the latest within 14 (fourteen) days following the date on which CAVAL informed them of the impossibility of replacing the Product.
It is recalled that, when acting under the legal guarantee of conformity, any consumer:
- has a period of two years from the delivery of the goods to act; - can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code; - is exempted from providing proof of the existence of the goods' lack of conformity during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial warranty that may be granted.
Any consumer can also decide to invoke the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code. In this case, they can choose between rescinding the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
- Buyer's Obligations
Buyers are solely responsible for their use 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 back up 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 the Buyers' responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.
- CAVAL's Responsibility
13.1 CAVAL undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, CAVAL reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, CAVAL cannot be held responsible for temporary difficulties or impossibilities of access to the Site which originate from circumstances beyond its control, force majeure, or which are due to disruptions of telecommunication networks.
13.2 CAVAL provides no guarantee to the Buyer as to the suitability of the Products for their needs, expectations or constraints.
13.3 In any event, the liability that may be incurred by CAVAL under these terms is expressly limited to direct proven damages suffered by the Buyers.
- Intellectual Property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by CAVAL within the Site, as well as the models and Products sold by CAVAL, are protected by all intellectual property rights or database producer 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, are strictly prohibited and may lead to legal proceedings.
- Personal Data
CAVAL applies a personal data protection policy, the characteristics of which are explained in the document entitled "Charter on the Protection of Personal Data", which the Buyer is expressly invited to consult.
- Advertising
CAVAL reserves the right to insert on any page of the Site and in any communication to Buyers all advertising or promotional messages in a form and under conditions that CAVAL alone shall determine.
- Links and Third-Party Sites
CAVAL cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the Buyer may access via the Site.
CAVAL assumes no responsibility for the content, advertisements, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
CAVAL is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including its potential partners) to whom the Buyer may be directed via the Site and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are subject.
- Prohibited Conduct
18.1 Strictly prohibited are: (i) all conduct likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) all intrusions or attempts at intrusion into CAVAL's systems, (iii) all misappropriation of the Site's system resources, (iv) all actions likely to impose a disproportionate load on the latter's infrastructure, (v) all breaches of security and authentication measures, (vi) all acts likely to harm the financial, commercial or moral rights and interests of CAVAL or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally, 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 to the information it contains.
18.3 In the event of a breach of any of the provisions of this article or, more generally, of infringements of laws and regulations, CAVAL reserves the right to take all appropriate measures and to initiate any legal action.
- Unsubscription
The Buyer may unsubscribe from the Site at any time by sending a request to CAVAL by email, using the contact details mentioned in article 2.
Unsubscription is effective within a maximum period of 14 (fourteen) days from this request. It automatically leads to the deletion of the Buyer's Account.
- Modifications
CAVAL reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.
- Language
In the event of a translation of these general terms and conditions into one or more languages, the French language shall be the language of interpretation in case of contradiction or dispute over the meaning of a term or provision.
- Mediation
The Buyer has the right to resort free of charge to a consumer mediator for the amicable resolution of any dispute relating to the performance of these terms that opposes him to CAVAL, under the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
For this purpose, he can 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
Email address: contact@medicys.fr
Phone: 01 49 70 15 93
http://www.medicys.fr/index.php/consommateurs/
- Applicable Law and Jurisdiction
These general terms and conditions are governed by French law.
In the event of a dispute regarding the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to rule, unless mandatory procedural rules dictate otherwise.