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General Terms of Sale 


The general terms of sale below of the website Cabane must be read closely and be accepted before ordering anything on the website http://www.cabane-boutique.com/ Any order made on the website http://www.cabane-boutique.com/ implies a complete and unreserved agreement to the general terms of sale. Cabane has the possibility to update these general terms of sale from time to time. The general terms of sale apply to the exception of any other document.

Article 1: The website 


1.1 The Website cabane-boutique.fr is an e-commerce website that is accessible on the Internet at the address http://www.cabane-boutique.com/ and it is open to any user of the Internet. It is edited and distributed by the limited company Cabane, a limited company with a capital of 10,000 euros. Its head office's address is 5, rue Javelin Pagnon, 42000 Saint Etienne. It is registered in the Saint Etienne Trade and Companies Register under the SIRET number 794 305 748 00012. 

1.2 The Website offers to sell a variety of clothes for men and women to Net users browsing on the Website. By virtue of the Terms of sale, it is agreed that the User and Cabane will be collectively named "the parties" and individually called the "party", and that the User who validated an order will then be called the "Buyer". The rights and duties of the User inevitably apply to the Buyer. 

1.3 Cabane reminds that the Products are exclusively for the personal use of the Buyer and it must not have any direct link with his professional activity. Cabane reserves the right to refuse the carrying out of the order.

1.4 The Buyer declares that he has full legal capacity. 

1.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms of Sale by ticking the box provided to that effect before ordering anything.As a reminder, according to the provisions laid down in the articles 1316 to 1316-4 of the Civil Code, supplemented by the Decree n° 2001-272 of 30 March 2001, for the application of the article 1316-4 of the Civil Code and concerning the e-signature, Cabane specifies that the validation of the order form as specified in the article 5.3 hereafter, constitutes an e-signature that has, between the Parties, the same value as a handwritten signature. 

1.6 The aim of the General Terms of Sale is to define the rights and duties of the Parties born from the online sale of the Products offered on the Website. 

Article 2: The products 


a) Description of the Products

2.1 The Products offered by Cabane are those shown on the Website on the day of its consultation by the User and within the limits of available stocks. 

2.2 The Products are described and presented with the greatest precision possible. The photos illustrating, in support of the text, the products do not enter in the contractual field. As such, if Cabane tries to represent as faithfully as possible the Products of which the photos are displayed on the Website, variations may occur, particularly given the technical limitations of color renderings of computer equipment. If ever there have been errors or omissions, Cabane will not accept any responsibility as such. 

b) Availability of the Products 

2.3 Cabane is committed to honour the orders only within the limits of available stocks. If one or several Products are not available, Cabane is committed to inform the User as soon as possible. Cabane incurs no liability for a stock shortage or the unavailability of the Products. 

2.4 The unavailability of the Product can be notified to the User: 
      - When he enters his order, he will be told that the Product he wants is unavailable at the moment. 
     - After the validation of his order, an email will be sent to the Buyer from Cabane to notify him. 

2.5 If the payment has already been made, Cabane is committed to contact the payment system 3D Secure of our partner Caisse d’Epargne to deduct the price of the unavailable Product(s) from the amount taken on the bank account of the Buyer. 

c) Retention of title 

2.6 Cabane retains title to the Products ordered until they are fully paid. 

Article 3: Prices 


3.1 The Prices of the Products are given in euros, tax inclusive, with the participation to the delivery costs, on the day of the order. 

3.2 The price billed to the Buyer is the price given on the order confirmation that Cabane sent by email. 

3.3 Cabane reserves the right to update the prices at any time without notice. The Products will be billed on the basis of the rates in force when the order is entered, within the limits of available stocks. The rate in force is the one given on the Website, errors of typography excepted, for which Cabane is not responsible. 

3.4 Prices are payable in full in a single installment when the order is confirmed. 

3.5 Any missed payment will result in the invoicing of a 25 euros fee for each payment incident. The data recorded by the Website are a proof of the transactions between Cabane and the Buyer. The data recorded by the payment system are the proof of financial transactions. The sale is final when the secure services accept the transaction. 

Article 4: Payment


4.1 It is stated that you can pay on the Website by bank cards. The payment for the Products bought on the Website can be done safely, from France or from foreign countries, 24/7, with the bank cards below: 
      - Carte Bleue 
      - Visa 
      - Eurocard Mastercard 

4.2 The User will enter his card number, the cardholder name, the term of validity and the 3 numbers of the visual cryptogram that is on the back of your card. 

4.3 Cabane reserves the right to refuse to honour the order of a User if Cabane and the User are under dispute, of any nature whatsoever. 

4.4 Cabane uses the secure payment system 3D Secure of the bank Caisse d’Epargne. The integrity of the data exchanged between the Buyer and the secure Platform is protected against any hacking attempt. The confidential data are directly transmitted on the server of the bank, without ever being sent through the servers of Cabane. 

4.5 Cabane reserves the right to cancel any order presenting a risk of fraudulent use of the bank card. 

4.6 It is stated that any order paid by cheque will be "confirmed" and taken into account only after receipt of the amount of the cheque by Cabane. 

Article 5: The order


a) Browsing the Website 

5.1 The User may navigate freely on the Website with no commitment to purchase via an order. 

b) Registering an order 

5.2 To order, the User has to click on "Add to my bag". Each time an item is added to the Bag, a specific screen will appear. 

5.3 At any time before confirming his order, the User can: 
       - Get a summary of the Products he selected and modify his order by clicking on the link "My Bag" 
       - Continue his selection of Products by clicking on "Continue your shopping" 
       - Finish the selection of the Products and confirm the order by clicking on "Validate your order". 

5.4 To order the Products he thus chose, the User will have to click on "Validate your order" and will confirm the buying journey offered. 

5.5 An order form appears on the screen, summing up: the nature, the quantity and the price of the Products ordered by the User, as well as the total amount of the order. 

5.6 The User will have to create a personal account and identify himself by filling in the form with great care, especially the mandatory information: his first name, his name, his email address, his password, his birth date, the delivery address and the billing address. 

5.7 The User is informed and accepts that the capture of his identifier is a proof of his identity and shows his consent. 

c) Final confirmation of an order

5.8 The confirmation by the User of his order on the Website implies the agreement to the General Terms of Sale. 

5.9 The User may then pay his order by entering his banking information. 

d) Confirmation of an order 

5.10 When the Buyer confirms the payment of his order, a summary will appear with the transaction number. This summary also appears in the email of confirmation of the order. 

5.11 An email of confirmation of the sending is sent to the Buyer on the sending date of the products. 

5.12 Pursuant to article L.132-4 of the Consumer Code, when an order is for an amount greater than or equal to €120, Cabane keeps the verbiage stating that the contract entered into electronically between Cabane and the Buyer for the period of time from the start of the contract until the date of delivery and for 10 years thereafter (in compliance with the decree 2005-137 of 16 February 2005) 

Article 6: The delivery 

a) Conditions and delivery time

6.1 The Products ordered are, depending on the choice of the Buyer, delivered to any address exclusively located in the European Union, in Switzerland or in Monaco, or the products must be picked up by the Buyer in the Cabane premises (address given in article 11 "Contacts" hereafter). 

6.2 The orders are dispatched, depending on the choice of the Buyer, by Signed Colissimo or by carrier (against signing with rémission or not). 

6.3 In both cases, the Buyer will be able to track his order on the Internet. Cabane is committed to do its very best so that the order is carried out within a maximum of 30 days starting on the date of confirmation of the order, except in cases of force majeure given in article 9. However, it is stated that any order paid by cheque will be "confirmed" and taken into account only after receipt of the amount of the cheque by Cabane. 

6.4 The products ordered by the Buyer will be delivered to the address given by the Buyer on the order form or they will be left at the Post office attached to the delivery address of the Buyer, in case of absence of the recipient of the Order. If so, the postman will leave a delivery notice in the mail box of the recipient so that he can pick up his parcel during office hours of the Post office, within 15 days. 

6.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract. In case of error in the delivery information given by the Buyer, Cabane could not be held responsible for failure in delivery. 

6.6 The shipping costs are based on the destination and weight of the parcel, according to the rates of the postal services in effect. For any delivery outside of metropolitan France, no matter the amount of the order, you have to pay the shipping costs. If the forwarding is imputable to you (the delivery address you gave was not correct, or you did not get the parcel at the post office within the 15 days), there will be additional charges, upon acceptance of the Buyer. If the Buyer does not accept to pay these additional charges, the order will be cancelled and the Buyer will be refunded the amount of the order on his bank account, minus the delivery charges. 

b) Problem in delivery 

6.7 The delivery times are given in an advisory capacity. Cabane does not accept any liability with too long delivery times on account of the postal services, and with the loss of the ordered Products, or with a strike of the postal services. It is stated that the risks associated with transport are carried by the Buyer. In case of late delivery, the Buyer will have to notify this delay as soon as possible to the Cabane Customer Service by mail, email or phone (check the contact details in article 11). 

6.8 When he receives the ordered Products, the Buyer will have to check the compliance of these Products with his order. Any irregularity concerning the delivery (missing or damaged Product, damaged parcel, etc.) has to be reported by the Buyer on the receipt given by the postal services during the delivery of the parcel, and has to be notified in writing to the Cabane Customer Service. Any complaint made 15 days or more after the delivery will be rejected. The Buyer is considered to have unreservedly accepted the Product. Therefore, Cabane will not be liable. 

c) Limitation of liability 

6.9 Cabane will not be liable in case of loss, of sending to a wrong address or for the delivery delay of a Product, as far as the risks associated with transport are carried by the Buyer. 

6.10 The Products offered are in compliance with the French legislation force. Cabane is not to blame in case of non-compliance with the legislation of the country where the Products are delivered. It is up to the Buyer to check with the local authorities if he is authorized to import or to use the ordered Products. 

6.11 Only guarantee made: The Products are in perfect condition during the handing-over to the carrier. No other express or tacit guarantee is issued. 

Article 7: Exchange/Return of a Product: Right of withdrawal 


7.1 The Buyer has a right of withdrawal for the following reasons: 
      - Non-fulfillment of the Product for any reason. 
      - Non-compliance of the Product 

7.2 In both cases referred to in 7.1, the Buyer will have the possibility to ask Cabane for an exchange or a refund of the Product. All the costs and risks to return the products are under the responsibility of the Buyer.

7.3 To exercise his right of withdrawal, the Buyer will have to ask for it and send the Product within 15 days after receipt of this Product. The Product shall be returned to Cabane at the address given in Article 11 and shall meet the following conditions: - Be in perfect condition, - Not have been used, - Be in its original packaging, - Be accompanied by the bill/Order Confirmation. 

7.4 If the Product is found leading to non-compliance with the order, or is defective upon delivery, the return shipping fees will be the responsibility of Cabane. 

7.5 Cabane does not accepts the postage due parcels. Any risk associated with the transport is carried by the Buyer. 

7.6 If the above-mentionned conditions are met and if the Buyer wanted a refund of the Product, Cabane will pay back the amounts of the Product(s) bought by the Buyer to him, within 30 days starting on the date of receipt of the returned Product by Cabane. 

Article 8: Data protection 


8.1 Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected. 

8.2 The security protocol ensures total confidentiality of the information sent. Cabane is committed not to transmit or exploit any personal information of the Buyers (Data Protection Act n°78-17), except if they are linked to his strict activity. 

8.3 In accordance with the Data Protection Act n°78-017 of 6 January 1978, the User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a request to Cabane by email or by mail (see the contact details in article 11). 

8.4 The processing of personally identifiable information is subject to formal declaration registered with the National Commission for Information Technology and Civil Liberties (CNIL): n°1707955 the 11/10/2013. 

Article 9: Liability  


9.1 Cabane has only a mere best efforts obligation for every step to access and order on the Website (order process, delivery, customer service, etc.). 

9.2 Cabane cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with the case-law, in particular a strike of the postal services, a stock out from the manufacturer, the destruction or the total loss of the stock, a model not made any more that Cabane would not know about, as well as any exceptional event. 

Article 10: Intellectual Property 


All elements of the Website, visual or sonorous, are protected by copyright and are under intellectual and artistic property around the world. Reproduction in whole or in part is strictly prohibited without prior agreement. 

Article 11: Contact 


By mail: 
Cabane
5, rue Javelin Pagnon
42000 Saint Etienne, FRANCE 

By email : 

By phone: 
+ 33 (0)4 26 78 40 88 

Article 12: Partial non validity 


If a particular stipulation of these General Terms of Sale is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect. 

Article 13: The entire contract 


13.1 These General Terms of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties. 

13.2 In case of contradiction between the documents, the General Terms of Sale have priority. 

Article 14: Applicable Law and the Jurisdiction Concerned 


14.1 These General Terms of Sale and the contractual relationship between the Parties are subject to French law. 

14.2 Any dispute or litigation, whatever their nature or reason, in absence of an amicable agreement, will be heard solely by the Saint Etienne courts.

 

Cabane 2013 - Création de site internet : NetinUp