Any online purchase made on the website www.charlie-joe.com is subject to prior acknowledgment and acceptance of these terms and conditions of sale.
These general conditions of sale (hereinafter "GTC") apply exclusively between any Customer and CHARLIE JOE whose head office is located at 189 Boulevard de la Valbarelle Lot N 142 13011 Marseille registered in the Register of Commerce and Trade. Marseille companies under number 42875605000061 (hereafter « CHARLIE JOE»).
Any user can read the GTC from all pages of the Site.Any user can read the GTC from all pages of the Site.
The GTC are applicable without restriction or reservation to all items offered for sale on the Site.
Any Order on the Site is subject to the prior and unreserved consultation and acceptance by the Customer of these GTCS and the applicable rates.
The validation of an Order following the ordering procedure proposed on the site constitutes acceptance of these GTCS.
These T & Cs take precedence over any other document.
The sale of items on the Site is exclusively for retail sale and individuals
In any case, the Site may not be used by Professional Sales Customers, alone or in groups, regardless of the method of marketing their products (online marketplaces, shopping malls, intermediaries, physical stores, etc.). The Customer acknowledges and agrees that the Articles can only be purchased in quantities corresponding to the average needs of a consumer, and this in relation to the number of items ordered in a single order or the number of individual orders respecting the usual amount of an average consumer spent for the same product. CHARLIE JOE reserves the right to refuse an order clearly validated by a Professional Sales Customer.
Any Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, continuity not guaranteed in access to the Site, unsecured performance in terms of volume and speed of transmission data and virus spread.
CHARLIE JOE warns each Client of the need to implement a solution and security measures within their computer or portable or mobile equipment that will prevent the spread of viruses.
The Terms and Conditions may be subject to change, the conditions applicable are those in force on the Site at the date of placing your order.
It is mandatory to go through the Site for all claims on Items purchased online on the Site.
Likewise, an Item purchased at any of CHARLIE JOE's stores can not be supported via the Site's services.
4. CREATING A CUSTOMER ACCOUNT
Any Ordering of Items via the Site requires the prior creation of a customer account.
Any major customer can freely and freely create a customer account through the "Create an account".
The creation of a customer account is done by the Customer by filling in the form that is proposed to him for his identification data.
This account is strictly personal and allows him to identify himself before validating each Order.
When creating the Customer Account, the Customer enters the data that allows his identification under his full responsibilities, controls and directions and undertakes to provide complete, accurate and up-to-date information, and not to impersonate a customer. third party, or to hide or change his age.
When creating a Customer Account, the Customer chooses his username (email) and password.
If the chosen identifier is already assigned, the system prompts you to choose another one.
he identifiers and passwords are personal and confidential. The Customer is solely responsible.
The Customer agrees to keep his password secret and not to disclose it under any circumstances and for any reason whatsoever.
In case of suspicion of the use of the username and password by a third party, the Customer must immediately alert CHARLIE JOE in order to change his password and / or choose to close his account.
CHARLIE JOE reserves the right to close any customer account and to refuse any sale to a Customer in the following cases:
In this case, CHARLIE JOE sends an email to the Client concerned at the address provided by the latter when creating his account informing him of the deactivation of his username and password and the closing of his account .
In general, the Customer is informed that his account may be closed following the Customer's first request sent by email to CHARLIE JOE.
5. CHARACTERISTICS OF ARTICLES
Items available for sale are those listed on the Site. The offers are valid as long as they are visible on the Site.
They are proposed within the limits of the availability posted on the Site. CHARLIE JOE reserves the right to withdraw from the sale, at any time, any Article present on the Site and / or to replace or modify any information associated with the Articles on this Site.
In the event of unavailability of an Item, after placing the Order, the CLIENT is informed by email, his order is then automatically canceled, without possibility of recourse for the Customer, the payment being made only on Items shipped.
Items on sale on this site, are only available for delivery in the following countries: Metropolitan France, Corsica included and Monaco, European Union and World.
The characteristics of the items sold on the Site (photographs, graphics and descriptions of Articles, etc ...) are given for information only and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer. The features and visuals are non-contractual.
In the event of errors or omissions relating to the description of an Item, CHARLIE JOE's liability is limited to the reimbursement of the Customer's reasonable costs of returning the Item.
6. ORDER OF ARTICLES
Any Order presupposes the registration of the Customer or the identification of the Customer via his Customer Account. It implies a payment obligation.
The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to hold a parental authorization to carry out his Order.
To place an Order, the Customer must follow the online purchase process and click on "Order" to submit the Order.
The payment of the Order implies acceptance of these Terms and Conditions, the price of the Items and the content of the Order.
After validation of the payment, CHARLIE JOE sends to the Customer an e-mail of confirmation of his Order.
Any Order is subject to the prior acceptance of CHARLIE JOE and is definitively confirmed only after receipt by the Customer of an email confirming the shipment of the Articles.
If the Customer does not receive any email as a result of the Order, it is his responsibility to contact CHARLIE JOE customer service as described in article 14 of these Terms and Conditions.
CHARLIE JOE can under no circumstances be held responsible in the event of an error in the entry or transmission of an input error that does not allow the delivery of the confirmation email and / or the Articles.
It is recommended that the Customer print the confirmation email of his Order.
For any question relating to the follow-up of an Order, the Customer must consult his customer account on the Site or contact the customer service in the manner described in article 14 of these Terms.
7.PRICE OF ARTICLES
The prices are indicated on the Site in euros, all taxes included (TTC), except participation in the expenses of treatment and forwarding.
They take into account the VAT and any reductions applicable on the day of the Order.
Any new taxes or contributions, including environmental, are likely to be reflected in the selling price of the items.
The prices of the Products are exclusive of delivery charges (postage, packing and preparation of the package according to the amounts in force).
The amount of the shipping costs is specified on the Site before validation of the Order.
CHARLIE JOE reserves the right to modify the prices of the Items at any time, the Items being invoiced on the basis of the rates in force at the time of the validation of each Order.
The price of the items invoiced is therefore that indicated at the time of the Order.
THE ITEMS REMAIN THE ENTIRE PROPERTY OF CHARLIE JOE UNTIL COMPLETE PAYMENT OF THE PRICE, WHICH THE CLIENT RECOGNIZES AND ACCEPTS.
8. PAYMENT OF ORDER
The price invoiced to the Customer is the price indicated in the confirmation of the Order sent to the Customer by email.
The order is payable immediately, by credit card (different types of credit cards accepted).
The Customer is informed by e-mail, once the Order has been shipped, that his invoice including the delivery charges and the applicable VAT, is accessible online on the customer account.
Transactions made on the Site are entrusted to a secure online payment platform (...).
They are secured by a solution that provides highly secure pages for entering payment data: card number, expiration date and visual cryptogram.
This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.
9. TERMS OF DELIVERY
Articles are delivered only in the countries indicated in Article 5 of these Terms.
The Customer will receive by e-mail a number of Order confirming its good support. The Customer will be informed of the different stages of his Order by email.
Shipments are announced by e-mail to the Customer, at the e-mail address provided by the latter on his account.
The Customer will receive by e-mail a number of Order confirming its good support. The Customer will be informed of the different stages of his Order by email.
The ordered items will be delivered within a maximum of 30 calendar days from the registration of the Order, subject to full payment of the price.
The Customer is offered several delivery methods chosen by the Customer and at the Customer's expense.
In the case where the Customer chooses a delivery by carrier:
10. DELIVERY TIME
Items are delivered to the delivery address indicated by the Customer at the time of the Order no later than the date indicated at the time of the Order and this according to the country of delivery.
In metropolitan France, CHARLIE JOE makes every effort to deliver the Order within a maximum period of (X Days) and undertakes that the delivery will be made within (X Days) from the Order and commits to this delivery is made within a maximum of (X Days).
In the event of a delivery delay of more than 7 working days in relation to the aforementioned maximum period, the Customer may contact CHARLIE JOE by e-mail ordering him to execute the delivery within a reasonable additional time. In case of non respect of this new deadline, the customer will be able to ask CHARLIE JOE by e-mail the cancellation of his Order.
The contract and therefore the sale will be considered broken upon receipt by CHARLIE JOE of the email or a letter by which the Customer informs him of his decision unless delivery has occurred between sending and receiving the Customer's email or letter.
In the event that the Order is definitively canceled, the Customer will obtain a refund of the price paid for the Order within 30 days of the cancellation confirmed by e-mail.
In the event that the Customer receives the package after the cancellation of the Order, CHARLIE JOE will refund the items and return shipping costs, upon receipt of all of them in their perfect original condition. / p>
Each delivery is deemed made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier.
If the package is damaged or if the item does not correspond to the order of the Customer, it must engage within 30 calendar days after shipment the return procedure described in Article 11 below.
In case of delivery by a carrier requiring an appointment with the Customer, the carrier shall contact the Customer as soon as possible to arrange a delivery appointment, 30 days at the latest from the date of validation of the order.
CHARLIE JOE can not be responsible for late delivery due exclusively to the unavailability of the Customer after several proposals for appointments by the carrier.
If on the same Order, the delivery dates of different Items, the delivery date is based on the date furthest from the order date.
In the event of delivery of an Item that does not correspond to the Customer's Order, or a defect related to the transport, the Customer may return the said Item after obtaining a return slip from CHARLIE JOE following the procedure provided for above. -after and accessible on the Site.
This refund procedure is exclusive of any exchange, for the purpose of saving the Customer the terms and conditions of exchange procedures likely to present a disadvantage CHARLIE JOE for the latter.
The Customer can obtain a return slip from CHARLIE JOE:
In both cases, the Customer will have to return the non-compliant Article to obtain the reimbursement of the price of the Order.
In order to benefit from the refund:
189/191 boulevard de la Valbarelle local 142 – 13011 Marseille
Any non-compliant return (without the return slip) will be rejected and CHARLIE JOE will be released from any liability.
Once the returned items have been checked, CHARLIE JOE undertakes to reimburse the Customer as soon as possible and at the latest within seven (7) calendar days following the date of receipt of the return package, to the bank account or Customer's payment account used for the payment of the Items.
In the context of a delivery in store and to make a return, the edition of a good of return is not necessary.
12. RIGHT TO RETRACT
Under the EU Directive 2011/83 / EU of the European Parliament, of the Council of 25 October 2011 on consumer rights in the context of distance selling contracts and Law No. 2014-344 of 17 March 2014; as transposed in the country of the Customer, the latter is entitled to cancel his order at any time within 14 calendar days following the date on which he received the products.
The Customer therefore has a period of 14 calendar days from receipt of his Order to exercise his right of withdrawal and this without having to justify reasons or to pay penalties.
If the Customer wishes to use his right of withdrawal, he must fill in the CHARLIE JOE Site the return form available on the "My Account" section under Returns and Refunds or by contacting Customer Service. The return form must be printed and inserted in the parcel to be returned; no returns can be validated without this one.
Once the return voucher is printed, the Customer proceeds to the return - within 7 calendar days of the date of the return receipt - of his or her nonconforming Item (s), in the original packaging of the Articles, at the following address:
189/191 boulevard de la Valbarelle local 142 – 13011 Marseille
All returns must include the return voucher and all items subject to the Order that the Customer is not satisfied with.
These items must imperatively be returned properly protected, in their original packaging (a carefully opened packaging will not be considered a damaged packaging) and in a perfect state of resale (not damaged, undamaged, unused or soiled by the Customer ).
Once the return has been validated, CHARLIE JOE agrees to reimburse the Customer for all amounts paid, excluding postage, under the Order, as soon as possible and, at the latest within thirty days of the date to which this right has been exercised, to the Client's bank account used for the payment of the Items.
13. CUSTOMER SERVICE
For any information or question, for a follow-up of order, for the exercise of the right of retraction or to make use the guarantee, the Customer must contact the customer service by email by completing the contact form located on the contact page of the site.
The Articles are guaranteed against the defects of conformity and the latent vices in the conditions envisaged in articles 1641 to 1649 of the Civil Code and L 211-1 and following of the Code of the Consumption, and that as from the delivery:
1/ Be fit for the usually expected use of a similar good and, where appropriate:
2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
This guarantee allows the Customer to return defective or non-compliant Delivered Items for reimbursement under the aforementioned conditions..
15. CONVENTION ON PROOF
The Customer acknowledges and agrees that the registration systems of the Order shall show all transactions made between CHARLIE JOE and the Customer.
The Customer acknowledges and accepts that the proof of acceptance of the GSC is characterized by checking the mention "I read and I agree to the general selling conditions".
For this purpose, the Customer acknowledges and agrees that the computer data stored in CHARLIE JOE's computer servers under reasonable conditions of security and integrity, are irrefutably considered as proof of the acceptance of the terms of the GTC and proof of all transactions between CHARLIE JOE and the Customer.
CHARLIE JOE will archive Purchase Orders and invoices on a reliable and durable support, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to the Customer at any time if it makes the request in accordance with the provisions of the Article L. 134-2 of the Consumer Code.
Consequently, unless proven error by CHARLIE JOE proved by the Customer, the latter can not contest the admissibility, validity or probative force of the Terms and the content of the Order, on the basis of any legal provision whatsoever and which specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as evidence by CHARLIE JOE in any litigation or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that would be prepared, received or kept in writing.
At any time, the Customer has the ability to print, download, and keep in paper and electronic form a copy of the GTC.
CHARLIE JOE reserves the right to modify the information contained in this Site at any time without notice.
CHARLIE JOE undertakes to describe with the utmost accuracy the items sold on the Site and to ensure in the best possible conditions the update of the information that is disseminated.
However, CHARLIE JOE can not guarantee the accuracy, precision or completeness of the information made available to Customers within the Site.
In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the items ordered, the responsibility of CHARLIE JOE will not be engaged.
The Customer acknowledges and agrees that the prices of the Items may vary between the Website and the stores, and that under no circumstances may this difference in price justify a request for a refund of all or part of the Items purchased either on the Website. , either in stores.
The responsibility of CHARLIE JOE can not be held in case of breach of one of its contractual obligations resulting from a fortuitous event or a case of force CHARLIE JOEure as defined by the jurisprudence rendered by the French jurisdictions. / p>
Notably CHARLIE JOE will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control ("Force Majeure Event" »).
A Force Majeure Event includes any act, event, non-performance, omission or accident beyond the control of CHARLIE JOE and includes in particular (without limitation):
1. strikes, closures or other industrial actions.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use rail, boat, plane, road or other private or public transport.
5. Impossibility of using public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of all governments.
7. Strike, failure or accident of shipping, postal or other.
The execution of the GTC will be suspended for the duration of the Force Majeure Event and the execution and delivery times will be extended accordingly. CHARLIE JOE will endeavor as far as possible to stop the case of Force Majeure or to find a solution enabling it to fulfill its contractual obligations despite the case of Force Majeure.
CHARLIE JOE is solely responsible for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract with the Customer, excluding any consequential damages.
CHARLIE JOE grants a limited license to access and use the Site for personal, non-professional or commercial use of the Site in favor of the Customer.
Under no circumstances may the Customer download or modify all or part of this Site without the express written authorization of CHARLIE JOE.
This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial or professional reasons without the express written permission of CHARLIE JOE.
The Customer must not use techniques to copy a trademark, logo or any other information (including images, text, models) that CHARLIE JOE owns without his express written consent.
CHARLIE JOEauthorizes the Customer, in a non-exclusive and revocable way, to create a hypertext link pointing to the home page of the Site provided that this link can not create against Articles, CHARLIE JOE or any other its trademarks, a false, false, pejorative, counterfeit or detrimental to CHARLIE JOE.
Under no circumstances will the creation of this hypertext link incur the responsibility of CHARLIE JOE, for any reason whatsoever.
18. PROTECTION OF PERSONAL DATA
The personal data collected on the Site are intended for MKT with the consent of the Customer.CHARLIE JOE is committed to protecting the personal data of its Customers.
All personal data concerning the Client collected by CHARLIE JOE are treated with the strictest confidentiality, in accordance with the provisions of the law 78-17 of January 6, 1978 relating to the Data Processing, Files and Freedoms, for the needs order processing.
The information and personal data of the Customers are necessary for the management of the Orders and the relations with the Customers, as well as to keep them informed of all the offers and commercial information likely to interest them.
They can be passed on to the service providers and contractual partners who intervene and contribute to the management of the Orders.
This information and the management of Orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable CHARLIE JOE to improve and personalize the services offered to Customers.
In accordance with the Data Protection Act of 6 January 1978, the Customer has a right of access, rectification and opposition to personal data concerning him.
To exercise this right, the Customer must send an email or a letter to CHARLIE JOE Customer Service by filling out the contact form on the website or by writing to the following address: CHARLIE JOE Customer Service, 189/191 boulevard de la Local Valbarelle 142 - 13011 Marseille and indicating his last name, first name, e-mail address and his customer references.
Each request must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address. This reply will be sent within 2 months of receipt of the request.
When entering personal data within the Site and prior to their collection, any Customer has the option to accept to receive information relating to CHARLIE JOE Articles.
In accordance with the legislation in force, such information will only be sent to the Customer if, and only if, he has expressly agreed to receive it.
19. COMMERCIAL OFFERS AND NEWSLETTERS
CHARLIE JOE may send commercial offers to Customers by mail, email, SMS, telephone or via all the webs animated by CHARLIE JOE or any of its subsidiaries on social networks, subject to prior acceptance.
The Customer has the right to oppose at any time, free of charge, his commercial prospecting, by clicking on the "unsubscribe" link in each email.
During the consultation of the site, information relating to the navigation of the Customers may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone).
These cookies are issued by CHARLIE JOE in order to facilitate navigation on the site and allow to recognize the browser of the Customers when they are connected to the Site.
These cookies are issued in order to :
A cookie is a small file that is sent to the Client's computer and stored on his hard drive. If the Customer is registered with CHARLIE JOE, his computer will store a cookie identifier that will save time each time he returns to the site CHARLIE JOE because he will remember the email address of the Customer.
A cookie does not identify the Client but is intended to report any previous Customer visit to the Site to help CHARLIE JOE customize its services.
The Customer can make settings so that cookies are disabled and prevent cookies from being installed, without his express consent, in his computer.
The Customer can express and modify at any time his wishes regarding cookies, by the means described below.
The Site uses third-party computer applications that allow the Customer to share Site content with other people or to let other people know about the content of the Site. (Social networks such as Facebook, "Google +", "Twitter", etc.).
When the Customer consults a page of the Site containing a "Share" or "Like" button, his browser establishes a direct connection with the servers of the social network concerned.
If it is connected to the social network during its navigation, the application buttons allow to link the pages consulted to its account.
If he interacts by means of plug-ins, for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account.
If the Customer does not want social networks to link the information collected through the Site to his account, he must disconnect from the relevant social network before visiting the Site.
CHARLIE JOE is in no way responsible for the content or operation of any of the social networks, including those that may be linked to the Site.
21. INTELLECTUAL PROPERTY
CHARLIE JOE exclusively owns the intellectual property rights:
Il is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the marks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements otherwise than within the framework of the execution of the present ones.
As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any other use, except with the prior written authorization of CHARLIE JOE constitutes infringement and is punishable under intellectual property.
Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written agreement of CHARLIE JOE.
22. AMENDMENT OF TERMS
Given the possible evolution of the Site and the regulations, CHARLIE JOE reserves the right to modify at any time the GTC.
The new GCS will, if necessary, be brought to the attention of the Customer by online modification and will be applicable only to sales made after the modification.
23. APPLICABLE RIGHT
These Terms are subject to French law.
Any dispute will fall under the exclusive jurisdiction of the French courts of the place of residence of the Customer, in the absence of amicable agreement between the Customer and CHARLIE JOE.
These Terms and Conditions do not affect the legal rights of the Customer as a consumer. For more information on his rights, he should contact his local authority or a consumer advisory body.