TERMS & CONDITIONS OF EXCHANGE - Caractère Paris SARL
In these terms and conditions the following definitions apply:-
1.1 Company – Caractere Paris SARL. 22 rue Florian 75020 PARIS FR633899628862
1.2 Customer - the person, firm or company who enters into a Contract with the Company
1.3 Goods - items sold to the Customer by the Company.
1.4 Contract - the agreement for the sale and purchase of Goods made between the Company and the Customer to which these Terms and Conditions apply.
1.5 Writing - any letter, e-mail, facsimile or cable.
2. FORM OF CONTRACT
2.1 The following are the only terms and conditions on which the Company trades and all offers, quotations, orders, acknowledgements of orders and every contract between the Company and the Customer shall be subject hereto.
2.2 The Company shall sell and the Customer shall purchase the Goods in accordance with any quotation of the Company which is accepted by the Customer or any order of the Customer which is accepted by the Company, always subject to these terms and conditions.
3.1 Subject always to Clause 3.3 below the price payable for Goods shall (unless otherwise stated by the Company in writing and signed by an authorised official on its behalf) be either (i) the price agreed with the Customer and noted by the Company in its quotation or acknowledgement of order; or (ii) (If no price is agreed) the list price of the Company current at the date of order of Goods.
3.2 All prices are inclusive of VAT and other taxes, unless otherwise indicated.
3.3 The Company reserves at all times the right to revise any price(s) of Goods to take account of increases in costs to the Company due to factors beyond the control of the Company, such as the costs of labor or shipping.
4.1 The Company accepts Visa and Mastercard. The Customer can also pay by Bank Account Transfer and PayPal. UK Customers can pay by personal Cheque. The Company reserves the right to make any inquiries it sees fit to ascertain the validity of Credit Cards and to refuse Credit Card Payments. The Customer may be asked to provide additional information to validate card purchases, such as expiry date and authorisation code.
4.2 Payment from Credit Cards will normally be debited at the point that the Goods are dispatched.
4.3 Goods paid for by cheque will be dispatched when funds have cleared.
4.4 All accounts rendered by the Company shall be paid without retention no later than 30 days from the date of the invoice (unless otherwise agreed) and time for payment shall be of the essence.
5.1 No Contract between the Company and the Customer may be cancelled or materially varied by the Customer without prior consent in writing of the Company. A cancellation fee of 15% of the total cost will be applied to any custom order specification if work on such order has already started.
6. RISK AND TITLE
6.1 The risk in Goods shall pass to the Customer as follows:
6.1.1 Where the Company delivers Goods or causes Goods to be delivered to the Customer or to the Customer's order, from their arrival at the point where they are to be unloaded; or
6.1.2 Where the Customer collects Goods or causes Goods to be collected, from the point where they are collected (provided that when Goods are loaded onto vehicles, loading shall be the responsibility of and at the risk of the Customer)
6.2 Title to Goods shall not pass to the Customer until all amounts for the time being due and owing from the Customer are received in full by the Company (whether for the Goods or under any other Contract made between the Company and the Customer) and until such time both the legal and beneficial ownership in goods shall remain with the Company.
7.1 The Company aims to dispatch all orders within 10 days of receiving the Customer's order. Special orders, custom items or out of stock items may take longer. At busy periods the Company reserves the right to extend the dispatch period, and any estimated dispatch details will be forwarded. In the UK, the Company dispatches by Recorded Delivery. Delivery of orders will require a signature of the Customer.
7.2 Any order that is late will be investigated once the Company is made aware of the discrepancy by receipt of email or phone call.
7.3 The Company reserves the right to withhold delivery of any Goods to the Customer in the event that the effect of such delivery would be to increase the indebtedness of the Customer to the Company in excess of the Customer's credit limit with the Company.
8.1 All products supplied by the Company are warranted for 30 days from date of receipt for stitching and workmanship. The Company is not responsible for normal wear and tear, damage or mistreatment due to washing the Goods, no matter the cause or responsibility.
8.2 The Company will make every effort to perform the Contract but shall not be liable for any loss or damage caused by non-performance or by delay in the performance of any of its obligations to the customer due to natural disaters, war, civil disturbance, government action, strike, lock-out or trade dispute (whether involving its own employees or those of any other person), difficulties in obtaining materials, breakdown in machinery, fire, accident or any other causes whatsoever beyond the reasonable control of the Company and/or the Customer. Should any such event occur, the Company reserves the right to cancel or suspend all or any part of the Contract with the Customer, without incurring any liability for any loss of damage thereby occasioned.
9. RETURNS AND EXCHANGES
9.1 If the Customer is not entirely satisfied with the purchase, he or she may return it to the Company within 7 days of receipt. However, customised or personalised items are only returnable in cases of faulty craftsmanship or incorrect specification.
9.2 The Customer's goods may only be returned after consultation with the Company. Failure to contact the Company prior to returning the goods may result in the Customer being charged for return postage.
9.3 The Customer must return the goods in the original packaging in a condition capable of resale. The Customer may only return the goods if they are unused, in their sealed, original packing. If not, additional charges may apply for repackaging.
9.4 The Customer must dispatch the goods within 7 days of receipt. The customer is responsible for the safe return of goods to the Company and is responsible for any goods lost or damaged in transit. The Company will refund the Customer for the cost of the goods or will exchange for comparable goods within 21days.
9.5 The Company reserves the right to use discretion in considering whether to refund goods dispatched later than 7 days from receipt by the Customer.
10. BUYING ONLINE AND THE CONSUMER CREDIT ACT
10.1 The Customer must have confidence in the Company in order to place an order on the internet. The Company would like to alleviate any concerns by reminding the Customer of the following points. UK residents using UK issued credit cards for orders of over £100 are protected by Section 75 of the Consumer Credit Act 1974. This ensures that if the Customer is defrauded then the Credit Company refunds the Customer and in return makes a claim against the Company. For further information on this subject please call Sales at 0207 193 0887 (UK number).
11.1 These Terms and Conditions are considered reasonable and do not affect the Customer's Statutory rights.
12. INTERNET ACCESS
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Caractère Paris Sarl shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site or the transfer of your personal data from a domestic internet provider to our servers due to the fault of the Client's network provider.
As between you and Caractere Paris Sarl we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site.
Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records.
For any other use the Site, except as otherwise provided above, you may violate copyright and other laws of France, other countries, as well as applicable state and international laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorisation to any user of our trademarks, service marks, product designs or features, product descriptions or other copyrightable material, including any other intellectual property featured on the Site.
You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials or techniques that you submit or otherwise communicate to the Site, may be used by us in any manner.
13. USER INFORMATION
* Agree and acknowledge that Your Material will not be treated as confidential or proprietary.
* Represent and warrant that Your Material:
o Is original to you and that no other party has any rights to the material;
o Does not contain any content that is unlawful, threatening, harassing, profane, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
o Does not contain a virus or other harmful component; and
o Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin, location or statements of fact.
* Grant Caractere Paris Sarl the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate and create derivative works from, distribute, perform and display Your Material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in Your Material have been waived.
14. USER CONDUCT
You warrant and agree that, while using the Site, you shall not:
* Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
* Restrict or inhibit any other User from using and enjoying the Site;
* Constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
* Impersonate, or misrepresent your affiliation with any other person or entity;
* Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
* Engage in spamming or flooding; or
* Attempt to gain unauthorized access to other computer systems or personal information through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under UK copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users.
We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold Caractere Paris Sarl Ltd, its directors, officers, employees, agents, interns and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.
15. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Caractere Paris Sarl DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Caractere Paris Sarl MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Caractere Paris Sarl OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL Caractere Paris Sarl OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF Caractere Paris Sarl OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL Caractere Paris Sarl BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF Caractere Paris Sarl TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO Caractere Paris Sarl FOR YOUR ACCESS TO OR USE OF THE SITE.
17. LINKS TO OTHER WEB SITES
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with Caractere Paris Sarl of such sites or the content, products, advertising or other materials presented on such sites.
Caractere Paris Sarl does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Caractere Paris Sarl is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
18. APPLICABLE LAWS
We control and operate this Site from our offices in France. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and Conditions and the relationship between you and Caractere Paris Sarl shall be governed by the laws of France, without regard to its conflict of law provisions. You and Caractere Paris Sarl agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in France. You and Caractere Paris Sarl each agree to submit to the personal and exclusive jurisdiction of the courts located within France.
The failure of Caractere Paris Sarl to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law of limitation to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. MODIFICATIONS TO THE WEB SITE AND SERVICES
We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.
By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty, due to malicious use or other cause deemed inappropriate by Caractere.