Terms of use

LEGAL ISSUES


GENERAL CONDITIONS OF SALE

The present General terms of Sale are concluded on the one hand by the company CHARLES COTONAY DIFFUSION SA with the capital from 38167.93€ whose head office is « 29 rue Tronchet 75008 Paris -France», registered with and the company trade register of Paris under number 403491319 and on the other hand, by any particular final purchaser wishing to proceed to a purchase within the framework of a remote sale via Internet site of CHARLES COTONAY named hereafter the “Customer”.

These present General terms of Sale have as an aim, on the one hand, to inform very possible consumer on the conditions and methods in which the salesman carries out the sale and the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the product sales by the salesman in the consumer.

They apply, without restrictions nor reserves, with the whole of the sales, by the company Charles Cotonay, of the offered products to its Internet site called charlescotonay.com.
Consequently, the fact for any person of ordering an offered product with the sale on Internet site of the company Charles Cotonay carries acceptance full and whole these General terms of Sale whose Customer admits having taken knowledge before his order.

The company Charles Cotonay reserves the right to constantly modify the present General terms of Sale. In this case, the applicable conditions will be those in force at the date of the order by the Customer.
These General terms of Sale will prevail on all other conditions appearing in any other document, except preliminary, express and written exemption.

The on-line sale of products and services presented in the site is reserved for the buyers who live there:
- Metropolitan France, Corsica and Monaco, 
Belgium, Luxemburg, Liechtenstein, Netherlands and Germany, - Austria, Italy, Portugal, Spain, the United Kingdom, Denmark and Ireland, Iceland, Greece, Andorra, Finland, Norway, Sweden, Switzerland, - Canada, the USA and Australia.

PRICES, ARTICLES AND ORDERS MODALITIES
Prices:
The selling prices of the products on line on Internet site of the company Charles Cotonay indicated in euros, are those in force at the time of the recording of the purchase order by the Customer.
They do not include the forwarding costs, invoicees in supplement of the price of the products bought according to the amount of the order. The forwarding costs will be indicated before the recording of the order by the Customer.
The Company Charles Cotonay reserves the right to modify its prices constantly, however being understood that the price appearing in the catalogue the day of the order will be the only applicable one to the purchaser.
The prices include the tax on added-value (VAT) applicable to the day of the order, any change of the applicable rate will be automatically reflected on the price of the market products by the Company CHARLES COTONAY within his Internet site.
With regard to the VAT:
- Delivery in Metropolitan France and country pertaining to the European Union:
The order will be established including all taxes. The prices take account of the VAT applicable to the day of the order. Any change of the applicable rate will be reflected on the prices of the products.

Delivery in FRENCH OVERSEAS DEPARTMENT TOM:
For all the products dispatched in the DOM TOM, the price will be calculated net of tax automatically on invoice (VAT of 19,60%). On arrival of the parcel, the purchaser will be held to clear his goods by discharging the rights and taxes at the entry of the department or the territory. 
- Delivery except European Union:
For all the products dispatched except European Union, the price will be calculated net of tax automatically on invoice (VAT of 19,60%).Customs duties or other taxes local or right of importation or taxes of State are likely to be exigible. These rights are not spring of the company Charles Cotonay. They will be with your load and raise of your whole responsibility as well in terms for declarations as for payments to the competent authorities for your country.

ARTICLES:
The Company Charles Cotonay expressly reserves the right constantly to add new articles, to remove whole or part of the Market products or presented on the catalogue of the site, to change their presentation or to cease their marketing on his site, and that, without it being forced to warn the Customer as a preliminary of it.

The products and services are offered within the limit of stocks available.
For each product selected on the site “charlescotonay.com”, you will be able to post a summary page, taking again the photograph of the article, its description, its color, its unit price, and the sizes suggested. 
You must check the exactitude of your selection well before confirming your order
The photographs, graphics and descriptions of the offered products to the sale are only indicative and engage the salesman by no means.
The photographs illustrating the products are not contractual. The company Charles Cotonay could not be held responsible for possible in particular typographical errors or differential of color “screen-reality”.

ORDERS OF MODALITIES:
The Customer who wishes to buy a product or a service must obligatory:
- to create a “account” (by filling the card with identification on which it will indicate all the coordinates requested) identified by its email address and a password which it will have to choose.
- to fill the purchase order on line by giving all the references of the products or services selected;
- to validate its order after having checked it;
- to carry out the payment under the conditions envisaged;
- to confirm its order and its payment.
The fact of placing order means acceptance full and whole these general terms of sale which are accessible constantly on the site and in particular at the time to validate the order. The present general terms of sale constitute the only agreement between the parts and prevail on any other document.

In order to validate the order it is requested from the customer to click on the icon “to validate”, which constitutes the first “click”. It is then presented to the customer the General terms applicable to the sale of the articles on the site “charlescotonay.com” so that the customer can take note of it and/or to print them. The customer will have to accept the terms of the aforesaid General terms while clicking on the button “to accept”, this constituting the second “click”.
The “double click of validation” associated with the procedure with authentification and nonrepudiation and with protection with integrality with the messages constitutes an electronic signature. This electronic signature has between the parts the same value as a handwritten signature in accordance with article 1316-1 of the Civil code.

Purchase order signed of the consumer by “this double click of validation” constitutes an irrevocable acceptance which perhaps called into question only in the cases limitativement envisaged in this contract at the articles “guaranteed of satisfaction” and “availability of the products”. 
The whole of the abundant data and the recorded confirmation will be worth proof of the transaction.
The Company CHARLES COTONAY SA will communicate by email recorded confirmation of order. The sale will be regarded as final only after the sending with the Customer of the confirmation of order by CHARLES COTONAY SA and cashing by this one of the entirety of the price.
The Company CHARLES COTONAY SA recommends to the Customer to store these information on a paper document or data processing.

AVAILABILITY OF THE PRODUCTS
The articles are deliverable only within the limit of stocks available. Within this framework, indications on the availability of the articles are provided to you at the time of the passage of the order. In the absence of availability of the product, the company Charles Cotonay is committed informing the purchaser as fast as possible of it.
The purchaser will then have the possibility of choosing another article or of cancelling his order and of being refunded. 
In the event of delivery partial of the products, only the really delivered amount will be output on the bank card. In the event of payment by banking cheque, the company Charles Cotonay will refund by cheque the over-payment.
The site contains a commercial proposition of sale of articles, which is not exhaustive articles sold by the company Charles Cotonay.
In order to ensure a better quality of service and of availability of our products, the purchases carried out on the site “charlescotonay.com” are limited by reference in 5 articles.

SAFETY AND METHODS OF PAYMENT
The payment must be carried out during the ordering by the Customer. No moment, the versed sums could be regarded as down payments or installments.
All the orders are payable in euros.

the payment is carried out by bank card carrying initials CB or bank check for the customers of Metropolitan France exclusively.
All the transactions of payment are carried out directly with ATOS, specialist in the payment made safe on Internet. The transaction is made safe by technology SSL, i.e. that your banking coordinates circulate on Internet in a way encrypted (and thus protected) between your computer and the waiter of home-bankings SIPS of our partner ATOS, and never arrive on our site. 
Once the payment was validated, your order is recorded.
You can pay your order on line with your bank card (Credit card, Visa, Eurocard/Mastercard). 
We accept the payment exclusively by banking cheque for the customers of Metropolitan France. Accounts - cheques must be made out in euros with the order of CHARLES COTONAY SA. The number of order must be specified with the back of the cheque as well as the mention “Orders Internet”. The cheque must be sent the following address: Charles Cotonay SA, 29 street Tronchet, 75008 Paris. 
The order will be dispatched as of the reception of the cheque.
Charles Cotonay SA preserves the property full and whole market products to the perfect cashing of the price, in the main thing, expenses and inclusive of tax.

DELIVERIES AND RECEPTION
The delivery will be able to intervene only in the event of agreement on behalf of the customer (in the purchase order), of the center of payment ATOS (agreement of payment), and of the company Charles Cotonay which reserves the right to refuse any ordering of a customer with which there would exist a litigation relating to the payment of an order former or in progress. Charles Cotonay SA does not deliver the P.0. boxes.

General rules:
The products will be delivered to the address indicated by the Customer on the purchase order which can be only in the agreed geographical area.
By defect, the invoices are transmitted on the address of transport indicated by the customer during his recording.

For lack of respect of the procedures exposed below, no complaint of the Customer will be accepted.

For reasons of availability, an order can be delivered in several times to the Customer. The Customer does not regulate whereas only one delivery. If the Customer wishes 2 places of delivery, it places 2 orders, with the dependent expenses of delivery.

The products are ensured by our care until the delivery. The indicative delivery periods are of:
4 working days for the Metropolitan France;
6 working days for the countries of Europe and the DOM TOM;
8 working days for all the other destinations.

These deadlines are given as an indication and are prone to variations in particular in period of strong demand.The Company Charles Cotonay holds to assure you that it will make any possible sound to respect these deadlines and to satisfy its customers as well as possible.

The delivery period is not stated that as an indication and a possible going beyond will be able to give place to no damage, refusal of the goods or cancellation of the order.
The amount of the transport costs is calculated according to and the actual weight country of destination of the parcel according to the methods defined by the conveyor chosen by the company Charles Cotonay.

- Characteristic of the Colissimo system Followed by the POST OFFICE
The Customer is delivered to his residence by his factor and signs a form of distribution acknowledgement of delivery. In the event of absence, the Customer or the ordered product consignee receives a transit advice note of his factor, which enables him to withdraw the ordered products, at the post office nearest, during a fifteen days deadline.

The Customer is held to check, in the presence of the employee of the post office or the deliveryman, the state of the packing of the goods and his contents with the delivery.

On the assumption that the Customer would have any doubts some nature that it is on the state or the contents of its parcel, it is held:
- to apply the Colissimo procedure (in particular to announce the which had damage, all complaints and reserves) and to refuse the goods by immediately emitting a report of anomaly near the employee of the Post office (report 170).to announce these incidents to the company Charles Cotonay SA.

The Company Charles Cotonay SA could not be held for person in charge of the direct consequences or indirect of a cancellation of order or a delay of delivery for some reasons that it is and in particular in the event of disturbance or of strike of the postal services or transport and generally, in the event of events independent of our will.

In any event, and in accordance with the provisions of the article L. 121-20-3 of the code of consumption, the ordered products will be delivered within a thirty days maximum delay as from the day following that where the Customer recorded his order, subject to the complete payment of the price.

In the event of delay of delivery compared to the initially fixed date, the Customer will have to announce it in writing (mail, telefax, email) to the company Charles Cotonay in order to improve the quality of service which could be to him proposed and to allow him to proceed to an investigation near the conveyor. An investigation near the conveyor can last up to 21 working days.

So during this time, the product is found, it immediately will be rebooked instead of delivery indicated in the purchase order.

On the other hand, if the ordered product is not found at the conclusion of this 21 days deadline of investigation, the company Charles Cotonay will procèdera with his expenses with a new forwarding of the products ordered by the Customer.
On the assumption that the ordered product would not be then available any more, the company Charles Cotonay SA is held with the refunding of the versed sums by the customer.
Refunding is due in a 30 days maximum. You will then be refunded by system of Re-credit (protected transaction) in the event of credit card payment, or by cheque in the other cases. In the event of exchange of product, the expenses of delivery will be the responsibility of the customer.

GUARANTEE OF SATISFACTION - RETURN OF ARTICLE
The products can be turned over by the Customer under the following conditions:
If a product is not appropriate to you, you have 10 days from the reception of the parcel for us to turn over it in a perfect state of resale, in its country of origin (packing, accessory), in recommended to the postal rate into force corresponding to the value of your return and accompanied by the initial invoice.
The Company Charles Cotonay reserves the right to refuse any return nonin conformity with the conditions mentioned above. No refunding will be made with reception of a damaged or opened product, if this state were not confirmed on the form of Return after agreement of the Company Charles Cotonay.

All the complaints, requests for exchange or refunding must be carried out by registered letter with notice of receipt to the following address:
Charles Cotonay Diffusion SA, For submission to the Customer service
29 rue Tronchet
75008 Paris- France

It is very important to send it to us in recommended because we are not responsible for nonthe reception of the turned over product. You can carry out the exchange of the product (size, colour or other model), or ask for its refunding.
We thank you for filling “the form with return” joint to the invoice in order to specify us your choice as well as the reasons of your return.

We will not reinvoiced the transport costs in the event of exchange. The initial expenses of delivery are not refunded.
In both cases (exchange or refunding), the transport costs caused by the return of the articles are refunded to you only if this return is justified by nonthe conformity of the delivered products (error of reference or article defective after report of the defect by our workshops). All refundings are carried out in the 30 days following the return of the parcel.

For any application for repayment, we thank you for us repréciser your card number banking on the form of return.

For the countries except European Union, thank you to specify with the customs authorities which it is about a “return for nonconformity”.

For lack of respect of the procedure mentioned above and the times indicated, the Customer will not be able to formulate any complaint for nonconformity or apparent defect of the delivered products, the products being then considered in conformity and free from any apparent defect.

The company Charles Cotonay does not accept the parcels addressed in port due.
Any risk related to the return of the product is with the load of the Customer.
The company Charles Cotonay does not make it possible to ask for the exchange or the refunding of an article bought via our Internet site in the shop Charles Cotonay.

RESERVE PROPERTY
The Company Charles Cotonay preserves the property full and whole market products to the perfect cashing of the price, in the main thing, expenses and inclusive of tax.

PROPERTY OF THE SITE AND DATA IN PERSONAL MATTER
All the elements of the site of the company Charles Cotonay are and remain the intellectual property and exclusive of Charles Cotonay. Nobody is authorized to reproduce, exploit, repeat, or use with some title that it is, even partially, of the elements of the site which they are software, visual or sound.
All the texts, sketches, comments, illustrations, photographs and images reproduced on the sites of the company Charles Cotonay SA are reserved under the royalty like to the title of the intellectual property and for the whole world. For this reason and in accordance with the provisions of the Code of the Intellectual property, only the use for a private use subject to provisions different even more restrictive from the code of the intellectual property is authorized.

Any other use is constitutive of counterfeit and sanctioned with the title of the Intellectual property. Any reproduction total or partial of the site Charles Cotonay SA is strictly prohibited.
Any simple bond or by hypertext is strictly interdict without a purposely written agreement of the company Charles Cotonay.

PROTECTION OF THE PERSONAL DATA

Information in personal matter relating to the purchasers could be the subject of an automated treatment. In accordance with Data-processing law the “and Freedoms” n° 78-17 of January 6, 1978, the Customer has of a right of access, correction, opposition and suppression to the data relating to it near the company Charles Cotonay. For that it is enough to us to make the request by mail of it by indicating your address e-mail, name, first name to us, addresses.

We inform you that this automated treatment of information, in particular the management of the addresses email of the users, was the one declaration object with the CNIL (National Commission of Data processing and Freedoms) under number 1263887.

The company Charles Cotonay reserves the right to establish cookies in the computer of the visitors of its Internet site. A cookie does not enable us to identify you.n a general way, it records relative informations with the navigation of your computer on our site (the pages which you consulted, the date and the consulting hour, etc) which we will be able to read at the time of your later visits. In the species, it contains information which you have just provided us. Thus, you will not require, at the time of your next visit, to fill the form again that we proposed to you.

The company Charles Cotonay is committed not revealing with thirds the information communicated by the purchasers and the visitors on the site. Those are confidential. They will be used by its internal services only for the treatment of your order and that to reinforce and personalize the communication in particular by the letters and e-mail of information.

LITIGATIONS
In the event of difficulties in the application of this contract, the purchaser with the possibility, before any legal action, to seek a friendly solution in particular with the assistance of an professional association of the branch, an consumers' association or any other council of his choice.

One is reminded that the search for the friendly solution does not stop the “short time” of the legal guarantee, nor contractual warranty period. One is reminded that in general and subject to the appreciation of the Courts, the respect of the provisions of this contract relating to the contractual guarantee supposes that the purchaser honours his financial liabilities towards the salesman.

The complaints or disputes will be always received with attentive benevolence, the bona fide being always supposed at that which takes the trouble to make a statement on its situations. In the event of litigation, the customer will address himself by priority to the company to obtain a friendly solution.

The present general terms of sale are subjected to the French law, both for the rules of substance the rules of form.Only the French version of these general terms of sale is opposable at the company Charles Cotonay.

APPLICABLE LAW AND COURT OF JURISDICTION
The product sales of the company Charles Cotonay are subjected to the French law. Any litigation relating to interpretation, the execution or the rupture of the contract concluded between Charles Cotonay and the Customer, even in the event of plurality of defendants, will be, in the absence of friendly agreement, of the competence of the courts of Paris.

For the countries out of the European Union, the court of jurisdiction is the International Chamber of commerce, « 38 cours Albert 1er, 75008 Paris » and the applicable law is the French law.

PARTIAL NON-VALIDITY
If one or more stipulations of these General terms of Sale are held for nonvalid or are declared like such pursuant to a law, of a payment or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.

NOT-RENUNCIATION
The fact for one of the parts of not prevailing itself of a failure near the other part with any of the obligations aimed within the present General terms of Sale could not be interpreted for the future as a renunciation of the obligation in question.

LIMITATIONS OF RESPONSABILITIES/MAJOR FORCE
The company Charles Cotonay could not be held for person in