CONDITIONS OF SALE
If you have any doubts or questions about our terms and conditions of sale, please call us on +33 1 44 07 11 99 and we shall answer all your questions!
The present general terms and conditions of sale and use of the site (hereafter, the "Terms") apply between :
LCRM sarl, a limited liability company, whose registered office is located at 2-4, place Saint-Sulpice, 75006 Paris, registered with the Trade and Companies Registration Office under number 484765201, intra-community VAT number FR29484765201 and with the National Health Professionals File (FNPS) under number 7526094 95 (hereinafter, "CARLOTTI", the "Company", "We", "Us", "Our"),
Any natural person of legal age acting exclusively within the strict framework of their personal needs, who consults the website www.carlotti-paris.com and/or https://shop.carlotti-paris.com/ (hereinafter, the "Site") and/or makes a purchase from CARLOTTI (hereinafter, the "Customer", the "User", the "Internet user", "You", "Your").
1- Application of the general terms and conditions of sale
The general terms and conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with CARLOTTI by any person.
The Customer must read the GTC before placing any order (the "Order"), the GTC are made available on the Site.
CARLOTTI reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is the one appearing online on the www.carlotti.com or https://shop.carlotti-paris.com/ websites at the time of the Order. Consequently, placing an Order requires the Customer's prior and unconditional acceptance of the GTC by clicking on the "I have read and accept the general terms and conditions of sale" button.
Acceptance of these terms and conditions requires the Internet user to be of legal age and to have the legal capacity to do so, or failing that, to have the authorisation of a guardian or curator if he or she is incapable.
The Customer may save or print these GTC.
2- Information on the site and accessibility of the site
www.carlotti-paris.com and https://shop.carlotti-paris.com are showcase and/or e-commerce sites owned and managed by CARLOTTI.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by CARLOTTI or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). CARLOTTI cannot be held responsible for any damage of any kind resulting from the unavailability of the Site.
CARLOTTI does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this regard, CARLOTTI may freely determine at its sole discretion any period of unavailability of the Site or its content. CARLOTTI cannot be held responsible for problems with data transmission, connection or network unavailability.
CARLOTTI reserves the right to modify the Site for technical or commercial reasons. When these changes do not substantially alter the conditions of the provision of services, the Customer may be informed of the changes made, but his acceptance is not solicited.
3- Registration on the Site
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's details (the "Account").
The Customer's registration on the Site is validated by CARLOTTI after checking the standard form filled in by the Customer. The Customer receives an e-mail confirming their registration.
When creating their Account, Customers must ensure that the data they provide is accurate and complete. The Customer is obliged to keep his personal information up to date. In the event of an error in the recipient's details, CARLOTTI may not be held responsible for the impossibility of delivering the Products.
The Customer may browse between the www.carlotti-paris.com and https://shop.carlotti-paris.com/avec sites using the same access identifiers and password, enabling them to have a single customer account on both sites.
The Customer is only allowed to create one Account.
CARLOTTI may delete Customer's Account at any time, for any reason, in its sole discretion.
The products offered for sale on the site are those described on the day the Customer consults the Site, within the limits of available stocks. The availability of products is indicated on the Site and updated automatically in real time. However, CARLOTTI shall not be held liable for any error in the update, regardless of its origin.
In the event of total or partial unavailability of products after the Order has been placed, the Purchaser shall be informed by e-mail as soon as possible of the unavailability of the product and the cancellation of the Order.
In the event of cancellation of the Order: The Buyer's order will be reimbursed for the price of the unavailable products as soon as possible and, at the latest, within thirty days of the notification of the unavailability. The refund will be made by the same means that the Customer used to pay for the order.
CARLOTTI takes the greatest care in the representation and description of its Products in order to provide the Customer with the best possible information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
CARLOTTI does not guarantee the accuracy or security of information transmitted or obtained through the Site.
Orders placed on the Web site are subject to compliance with the procedure set up by CARLOTTI on the Web site, which comprises successive stages leading to the validation of the Order.
The Customer may select as many Products as he/she wishes to add to the basket (the "Basket"). The Shopping Basket shall contain a summary of the Products selected by the Customer, together with the prices and charges relating to the Products. The Customer shall be free to modify the Basket before validating the Order. Validation of the Order confirms the Customer's acceptance of the General Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.
CARLOTTI will send the Customer a confirmation e-mail summarising the Order (Product(s), price, availability of the Product(s), quantity, etc.). To this end, the Customer formally accepts the use of electronic mail for confirmation by CARLOTTI of the content of the Order. Invoices are available in the "my account" section of the Web site.
CARLOTTI reserves the right to suspend or cancel the execution and/or delivery of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer to CARLOTTI, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Web site and the payment of any Order.
5- Refusal to process an order
CARLOTTI reserves the right to withdraw at any time any Product displayed on the Web site and to replace or modify any content or information contained therein. Despite CARLOTTI's best efforts to meet the needs of its clients, the Company may decide to refuse to process an Order after having sent a confirmation e-mail summarising the Order to the Client.
CARLOTTI shall not be liable to the Customer or any third party for the consequences of the removal of a Product from the Web site, or the replacement or modification of any content or information appearing on the Web site, or the refusal to process an Order after the confirmation e-mail summarising the Order has been sent.
CARLOTTI reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature or level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to CARLOTTI, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Web site and payment of an Order.
6- Prices and payment methods
The prices of the products are indicated on the Site in euros for Europe, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
CARLOTTI reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the actual Order.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider PAYPLUG.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the R.C.S. of Luxembourg under the number B 118 349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer may consult the following website: https://www.paypal.com.
PAYPLUG SAS is a company registered in Paris (France) under the number RCS 751 658 881, whose registered office is located at 110 avenue de France 75013 Paris, France. It is a fintech of Natixis Payments. For any information, the Customer may consult the following website: https://www.payplug.com.
The Customer expressly acknowledges that the communication of his or her bank card number to CARLOTTI constitutes authorisation to debit his or her Account for the price of the Products ordered. Where applicable, CARLOTTI will send the Customer notification of the cancellation of an Order for non-payment at the e-mail address provided by the Customer when registering on the Web site.
The data recorded and kept by CARLOTTI shall constitute proof of the Order and of all sales made. The data recorded by Paypal or PAYPLUG shall constitute proof of any financial transaction between the Customer and CARLOTTI.
Products ordered by the Customer in accordance with these GTC shall be delivered to the address indicated by the Customer as the delivery address on the relevant Order ("Delivery Address"). The Delivery Address is the address of residence of the Customer, a natural person of his/her choice or a legal entity (delivery to his/her company). Delivery shall not be made to hotels or post office boxes.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
The delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and Returns" section.
When CARLOTTI is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
In the event of delivery of a package that is obviously and visibly damaged, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the Seller without delay, so that a new parcel can be prepared for him, and then dispatched as soon as the damaged parcel is received back.
The unavailability of one or more products, even if prolonged, shall not constitute a loss for the Internet User, and shall not give rise to any claim for damages on the part of the Site or its publisher.
CARLOTTI shall deliver Orders within a maximum period of twenty (20) days for delivery in France and thirty (30) working days for an International Delivery as from the date of full payment of the price corresponding to the consideration by the seller, if the latter has all the elements required to honour the Order.
Certain products or certain order volumes may nevertheless justify a longer delivery time, and this shall be expressly mentioned to the Customer when validating the order.
In order for these deadlines to be met, the Customer must ensure that he/she has provided accurate and complete information concerning the Delivery address (such as, in particular: street number, place name, building, stairway, access codes, names and/or interphone numbers, etc.).
Any delay in delivery of more than thirty (30) days may result in the cancellation of the sale at the initiative of the Buyer, upon a simple written request from the Buyer, sent by registered letter with acknowledgement of receipt. The Customer will then be reimbursed for the sums incurred by him/her at the time of the order. This clause is not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of CARLOTTI. In such a case, the customer undertakes to refrain from taking legal action against the Site and its publisher and waives the right to terminate the sale as provided for in this article.
The Customer undertakes to check the conformity of the product to the order at the time of delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint within 7 days of delivery. After this period, the product will be deemed to have been received by the customer, who will no longer be able to claim a delivery error or an apparent defect.
8- Right of withdrawal, refunds and returns
8.1. Time limit and procedures for exercising the right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, the non-professional Customer is entitled to exercise his/her right of withdrawal from CARLOTTI within a period of fourteen (14) days from the date of receipt of the Order, without having to give any reason for his/her decision.
The withdrawal right can be exercised either by using and sending the sample withdrawal form in Appendix 1 of the General Terms and Conditions of Sale, by post, to the following address CARLOTTI - Service Retours - 2-4 place St-Sulpice - 75006 Paris, France, or by email to email@example.com.
8.2. Procedures for returning the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Company will confirm by e-mail the agreement to your return.
The Customer shall return the Order with the return form provided by CARLOTTI, without undue delay and, at the latest, within fourteen (14) days of communicating his/her decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
After this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn and undamaged. CARLOTTI will take care of the return of the Products if the place of delivery is within France.
The return of Products is at the Customer's expense and at the Customer's risk if the place of Delivery is not within France.
8.3. Reimbursement for Products returned under the right of withdrawal
CARLOTTI will reimburse the Customer for the Order within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the refund will be made on condition that CARLOTTI has been able to recover the Products which are the subject of the return and the refund request.
CARLOTTI shall make the refund using the same means of payment as the one used to pay for the Order, unless the Customer expressly agrees that CARLOTTI may use other means of payment. If this method of payment has expired, the Customer must contact Customer Services to change the method of reimbursement. This change does not generate any costs for the consumer. CARLOTTI shall not be liable for any refund on an expired payment method.
The refund of an order paid with an e-gift card, a gift card or a credit note will be automatically refunded as a credit note.
If the Customer fails to comply with these GTC, CARLOTTI will not be able to refund the Products concerned. In all cases, CARLOTTI will bear the cost of returning the Product if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
9- Guarantees - Liability
9.1 Limitation of liability
Excluding fraud or gross negligence and except in the case of liability for defective products, CARLOTTI's total liability, for all the damages that may be compensated under the terms of the Contract, that it may cause You in the context of the Contract, is limited to compensation for foreseeable damages only, This compensation may not exceed the purchase price of the product(s) purchased on the site at the time of the final purchase, even if CARLOTTI has been warned of the possibility of such damages.
It is specified that, in the context of the Contract, any loss of profits, turnover, data, databases or programmes, loss of savings and any additional costs, as well as any damage to image and any claims by third parties, shall be deemed to constitute indirect damage not giving rise to a right to compensation by CARLOTTI, even if they were foreseeable.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.
In particular, CARLOTTI shall not be liable to the Customer for damage caused by (I) its own act, omission or fault; (II) any case of force majeure as defined by the case law of the French courts; (III) any third party not linked to CARLOTTI for the performance of the Contract (for example, in the event that the problems result from the performance, congestion or connection of the telecommunications means or services, or the performance of the Customer's computer equipment); or (IV) any other event that neither CARLOTTI nor its suppliers could have foreseen or prevented even if CARLOTTI or its suppliers had taken all reasonable precautions.
In particular, the following shall be deemed to be the Customer's own act, omission or fault any damage or loss suffered by the Customer resulting from the unsuitability or incompatibility of its computer equipment (hardware and/or software) to all or part of the Site and/or the failure to implement all reasonable and necessary protections against any damaging programs, devices or communications, as it is the Customer's responsibility, and his alone, (I) to check or have checked that its computer and/or telecommunications equipment is suitable and compatible with the Site, prior to any use and (II) to put in place and implement all reasonable and necessary protection against any damaging programmes, devices or communications, in particular by means of anti-virus software.
In addition, CARLOTTI guarantees Customers against defects in conformity and latent defects for the Products sold on the Site under the following conditions:
9.2 Legal guarantees
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or incorrect Products to us at no cost.
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must
1) Be fit for the purpose usually expected of similar goods and, where applicable :
correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately require in view of the public statements made by the seller, the producer or his representative, in particularly in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is limited by two years from the delivery of the goods.
Guarantee against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from the defects or apparent defects of conformity.
Within the framework of the legal guarantee for hidden defects, CARLOTTI, at the Customer's option, undertakes, after evaluation of the defect :
- Either to refund the full price of the returned Product,
- Or to refund part of the price of the product if the Customer decides to keep the Product.
Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The guarantee shall not apply to visible defects. The warranty will not cover Products damaged during transport after delivery or due to damage caused by poor handling.
9.3 Methods of implementing the guarantees
In the context of the legal guarantee of conformity, the Customer :
(i) has a period of two (2) years from the date of delivery of the goods in which to act;
(ii) may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code;
(iii) is exempt from proving the existence of the defect in the goods during the two-year period.
The legal warranty of conformity applies irrespective of the commercial warranty that may be agreed. The Client may decide to invoke the guarantee against hidden defects in the item sold in accordance with Article 1641 of the Code Civil. In this hypothetical case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Code Civil.
For any request concerning the legal guarantees, the Customer must contact the Customer Service at firstname.lastname@example.org or by telephone at +331 44 07 11 99 (free service from France), from Monday to Friday from 10:30 am to 2 pm. These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
9.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, CARLOTTI undertakes, at the Customer's discretion, either to
- either to replace the Product with an identical product depending on available stocks, - or to refund the price of the Product if the replacement of a Product proves impossible.
In the context of the legal guarantee for hidden defects, CARLOTTI, depending on the Customer's choice, undertakes, after assessing the defect
- either to refund the full price of the returned Product, or to refund part of the price of the Product if the Customer decides to keep the Product.
9.5 Force Majeure
In the event of an event of force majeure preventing the execution of these GTC, CARLOTTI will inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of CARLOTTI or the Customer without compensation on either side. The Customer's failure to pay cannot be justified by a case of force majeure.
10- Retention of title
CARLOTTI retains full ownership of the Products sold until full payment of the full price, including all costs, taxes and compulsory contributions.
No tolerance, inaction or inertia on the part of CARLOTTI may be construed as a waiver of its rights under the GTC.
12- Mediation - Applicable law - Competent jurisdiction
These General Terms and Conditions of Sale and Use are subject to French law, which determines the applicable law on a case-by-case basis. In the absence of any mandatory provision to the contrary or in the presence of a choice in the determination of the applicable law, French law will be applied.
13- Intellectual Property
13.1 Legal protection
The Site and all elements (including products), documents and other data contained therein (the "Content"), whether visual or audio, are protected by French and international rules applicable to trademarks, trade names or other distinctive signs, copyrights, neighbouring rights, copyrights and other intellectual property rights, trade or service marks - whether or not registered as such - and trade names or other distinctive signs, copyrights, neighbouring rights, sui generis rights, design rights, patents, trade secrets or other similar rights and are owned or licensed by CARLOTTI.
In the event of a complaint not resolved by the Customer Service, and in accordance with Article L612-1 of the French Consumer Code, the Customer may have recourse free of charge to the CM2C mediation service, to which CARLOTTI (LCRM sarl) is a member, by electronic means, by e-mail email@example.com or by post to the following address: 14 rue Saint Jean 75017 Paris. The Mediation Service may be contacted for any consumer dispute which has not been resolved.
13.2 Intellectual Property Infringement
The right to use the Site and any Content or other material contained therein is subject to compliance with the Agreement and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than as permitted by the Agreement may violate Our rights or those of Our licensors:
(I) You may access and display any Content and other materials on the Site only for non-commercial, private use;
(II) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of CARLOTTI or unless otherwise permitted by applicable law (in which case, You must keep intact all proprietary notices);
(III) You must not use meta tags or any other hidden text containing Our name, trademark(s) or that of Our affiliates without Our specific, prior written consent;
(IV) any User who would like, for his/her personal use, to place a simple link on his/her site that refers directly to the home page of the Site, must obtain Our specific prior written consent; in no event shall Our agreement engage Our responsibility, in any capacity whatsoever, for the Site or any Content;
(V) any hypertext link referring to the Site by the framing or in-line linking technique is prohibited.
ANNEX 1: SAMPLE WITHDRAWAL FORM
Complete and return this form by e-mail or post only if you wish to withdraw from the contract or request a return.
For the attention of CARLOTTI - Customer Service - 2-4 place St-Sulpice - 75006 Paris - France
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Order number :
Received on :
Customer's name :
Customer's first name :
Customer's address :
Customer's signature (only if this form is notified on paper)
CARLOTTI est née d’une mission : incarner le lunetier contemporain qui va changer votre regard sur les lunettes.
Parce que votre style vous appartient,
vos lunettes méritent votre plus belle attention.