GENERAL CONDITIONS OF SALE
Object
These general terms and conditions of sale (hereinafter GTC) govern the contractual relationship and transactions between the Company DMVM, SAS with capital of 25,000 euros, registered in the Nanterre trade and companies register under number 800 532 707, whose head office is located at 37, rue de Poitou 75003 PARIS, trading under the trade name CHICHI CASTELNANGO PARIS (hereinafter Seller) and any natural person, consumer (hereinafter Customer) placing an order for lingerie and underwear (hereinafter Products) through the online store via the website www.chichicastelnango.com (hereinafter Site), an online commerce site accessible to any user of the Internet network.
The T&Cs prevail over any other conditions contained in any other document. Any order by the Customer implies the Customer's full and unreserved acceptance of the T&Cs, the Customer thereby acknowledging having full knowledge of them.
The T&Cs are subject to change at any time; those applicable are those in force on the day the order is placed by the Customer.
The T&Cs can be viewed in French.
Products
The Products offered for sale on the Site are intended for the personal and private use of the Customer.
The Site presents, for each product, a description giving the Customer the required information on the essential characteristics of the Product and its price.
The photos and visuals of the Products are provided for illustrative purposes and are not contractually binding.
The Products comply with the requirements of French law in force on the date they are put on sale, relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers.
Gift cards
Gift cards are payment methods valid only on www.chichicastelnango.com and in our store at 37 rue de Poitou, 75003 Paris.
Whether physical or electronic, they are neither refundable nor exchangeable for money, including in the event of loss, theft, damage or expiry.
In case of partial use, the remaining balance of the gift card can be used for future purchases within the limit of its validity period.
Any card not used before its expiration date will be automatically deactivated and the balance will be forfeited.
Gift cards cannot be combined with other promotional offers or discounts, unless otherwise stated.
Price
The applicable sales prices are the prices in effect at the time the order is placed, as displayed on the Site, all taxes included.
To the sale price of the Product ordered, delivery costs must be added, where applicable.
The total amount due by the Customer is indicated at the time of order confirmation.
The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in effect at the time of the order.
Product Availability
The Products offered for sale on the Site are available.
In the event that a Product is unavailable, the words “Out of stock” will appear on the Product description.
Some products are indicated with the mention "Pre-order" and not "Add to cart" on the product sheet when adding to the cart.
This means that the product in question is on pre-order and delivery times are extended. Production is underway and delivery will take place on the date indicated on the product sheet.
Payment will be effective at the time of validation of the basket, as for a classic order because the item will be reserved.
If an order is placed with 2 or more products, and one of them is on pre-order, we will wait for all the products to ship the entire order. However, we can ship the products separately upon request. For this, please contact hello@chichicastelnango.com.
Legal guarantees
All Products benefit from the legal guarantee of defects in the thing sold, provided for by articles 1641 et seq. of the Civil Code and the guarantee of conformity, provided for by articles L.211-4 et seq. of the Consumer Code.
When the Customer acts under the legal guarantee of conformity:
- He has a period of two (2) years from delivery of the Product to take action.
- He is free to choose between replacing the non-compliant Product or its reimbursement subject to certain cost conditions provided for in article L.211-9 of the Consumer Code.
- It is exempt from providing proof of the lack of conformity of the Product for a period of six (6) months following delivery of said Product.
The Customer is also entitled to implement the warranty for hidden defects in the product within the meaning of Article 1641 of the Civil Code.
In the event of implementation of such a guarantee, he is free to choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
Order
The Customer declares that he/she is at least 18 years old and has the legal capacity or holds parental authorization allowing him/her to place an order on the Site.
The order of a Product is made with the obligation of immediate payment.
To order a Product on the Site, the Customer must follow the following process and steps:
- click on the shop tab.
- choose the Product(s) from the catalog.
- click on the chosen Product.
- On the screen, the photo of the Product, the essential characteristics of the Product, its price and delivery time, and the Information before ordering tab appear.
- select size.
- add to cart.
- click on my Cart to see the order summary.
- modify or not the order.
- accept the T&Cs.
- validate the order.
- pay
At the end of the ordering process, the Customer receives by email confirmation of the registration of his order and the purchase invoice.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there are difficulties relating to previous orders.
The Seller notifies the Customer by email of the sending of the order.
Payment
The amount owed by the customer is payable in full when ordering the Product.
The Customer has two means of payment:
- Payment by credit/debit card
- Payment via Paypal
The Seller reserves the right to suspend or cancel any order in the event of difficulties encountered in collecting payment.
Delivery
Delivery of the Product is made by postal delivery after placing the order and payment of the price by the Customer.
Delivery is made to the geographic address provided by the Customer when ordering.
If delivery is made impossible due to inaccurate or incomplete information from the Customer, the Seller will notify the Customer by email, and in the event of no response, will cancel the order and refund the sums paid by the Customer.
The delivery time is:
- between 1 and 4 days for France.
- between 3 and 7 days for European countries.
Delivery is free for all orders over €90.
For an order of less than €90, delivery costs are the responsibility of the Customer, according to the postal rates in force, depending on the destination.
A delay in delivery of more than seven days, not due to a case of force majeure, may result in the termination of the sale if the Customer requests it by registered letter with acknowledgment of receipt addressed to the Seller's head office.
The total failure to deliver due to the Seller, not due to a case of force majeure, automatically results in the termination of the sale.
The total failure to deliver due to the Seller, not due to a case of force majeure, automatically results in the termination of the sale.
Right of withdrawal
In accordance with the provisions of Articles L 121-21 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen days (14 days) from receipt of the Product purchased.
To exercise the right of withdrawal, the Customer must notify the Seller:
- his name, geographic address, telephone number and email address.
- his decision to exercise his right of withdrawal by post or by email.
In the event of withdrawal, the Customer must return the Product to the Seller, in its original packaging, with the labels, in perfect condition, unworn, without dirt or deterioration.
The Customer must return the product to the following address: GIRAPHES SERVICES (CHICHI CASTELNANGO - RETOURS), 3 rue Michelet 94200 IVRY-SUR-SEINE, without undue delay and no later than fourteen days after their decision to withdraw.
The cost of returning the product shall be borne by the Customer.
The Seller will reimburse all payments received excluding delivery costs, without undue delay and no later than fourteen days from the return of the product in perfect condition.
The Seller will use the same means of reimbursement as that used by the Customer for the payment of his order.
After-sales service - Complaints & disputes
For any questions and/or complaints relating to the sale and delivery of a Product, an after-sales service is available to the Customer:
- By email: hello@chichicastelnango.com
- By telephone: 07 61 73 17 11 (non-premium number - cost of a local call).
Chichi Castelnango undertakes to seek an amicable solution before any legal action.
However, and in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may use the following mediation service free of charge from the Consumer Mediation Center of Conciliators Justice (CM2C), whose contact details are as follows: 14 rue Saint-Jean - 75017 Paris.
After a preliminary written approach to the professional, the CM2C can be contacted either:
- Online, by clicking on the following link: https://www.cm2c.net/declarer-un-litige.php and by completing the form accompanied by supporting documents,
- By mail, to the address indicated above,
- By email to the following address: cm2c@cm2c.net .
Furthermore, the European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase in order to then forward them to the competent national mediators. This platform can be accessed by clicking on the following link: http://ec.europa.eu/consumers/odr/ .
Responsibility
The Seller cannot be held liable in the event of non-performance or poor performance of the sale due either to the actions of the Customer, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.
The Seller cannot be held liable in the event of malfunctions or damages linked to the use of the Internet network, such as service interruption, external intrusion, presence of computer viruses, fraudulent use of the bank card, etc.
Intellectual property
The Products offered for sale on the Site are protected by design law and trademark law.
Any reproduction, in whole or in part, distribution, use for commercial purposes of the Products is strictly prohibited.
Personal data
The Seller undertakes not to communicate to third parties the personal data provided by the Customer, unless required to do so by legal provisions or by court order.
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the Client may obtain communication and, where applicable, modification, rectification or deletion of information concerning him/her.
To exercise this right, the Customer may send an email to the following address: hello@chichicastelnango.com or a postal letter to the following address: 37, rue de Poitou 75003 PARIS.
Applicable law
The General Terms and Conditions and the contractual relations between the Seller and the Customer are subject to French law.