TERMS AND CONDITIONS OF SALE
Terms and Conditions of sale
The following terms and conditions apply to all orders made by consumers through our Website.
These terms and conditions shall take effect as of 28/08/2019.
Enjoy your order!
Article 1 - Terms and conditions of online sales - acceptance of terms and conditions
These terms and conditions of sale (the “Terms and Conditions”), which establish the rights and obligations of the parties to the contract for a remote sale, apply ipso jure to the contractual relationship between Carel, a limited company [SA] with capital of EUR 352,000, headquartered at 32 rue de Mogador 75009 Paris, registered in the PARIS Register of Trade and Companies under the number 542 109 756 and whose VAT number is FR 23 542 109 756, and any Customer ordering Goods (hereafter designated as the “Customer”), on the website https://www.carel.fr (hereafter referred to as the “Website”). All confirmed orders through the Website imply the full, entire, and unconditional acceptance of the Terms and Conditions by the Customer. By placing an order, the Customer agrees to comply with these Terms and Conditions and declares that the Goods ordered are not intended for his or her professional activity.
No special terms other than terms stipulated by Carel may prevail over these Terms and Conditions. Any provision to the contrary shall not be invocable, regardless of when it may be brought to the attention of Carel.
In addition, Carel reserves the right to amend these Terms and Conditions at any time, but changes shall only apply to orders confirmed after these Terms and Conditions have been updated.
Article 2 - Ordering Process
Before placing an order, the Customer selects a desired Good. The customer accepts the features of said good (name, price, quantity, color, characteristics) such as they have been communicated to the Customer or such as they appear on the Website.
The Customer must then provide valid identification data so the Customer can be identified, namely:
· Last name, first name, billing address, delivery address, if different from billing address, email address, phone number, and date of birth.
If the Customer so wishes, the Customer may create an account on the Website to save the Customer’s identification data for future purchases.
After checking the box indicating th e Customer has read and accepted the Terms and Conditions, the Customer approves his or her order and proceeds to the payment of the price and delivery fees. The customer chooses the mode of payment, either by PayPal or credit card.
The Customer can access a summary of the order through the Customer account, if one has been opened, or through an email sent after the order has been completed. This email will also include a copy of the current Terms and Conditions, which the customer should keep.
If the Customer does not comply with the Terms and Conditions, particularly as pertains to payment of an order, Carel reserves the right to suspend its service and, if necessary, suspend or terminate the Customer’s account. Prior to any such action, Carel will notify the Customer as soon as possible, providing the possibility for the Customer to rectify the situation, as well as the possibility to challenge the allegations against him or her. Accordingly, Carel reserves the right to refuse any order from a Customer with whom there is such an unresolved dispute.
In accordance with Article 11 of the Terms and Conditions and under all circumstances, the Customer maintains the right to object, access, and rectify all data concerning the Customer kept by Carel.
Article 3 - Prices
The prices of goods sold on Carel's website are shown in euros, all taxes included, and are subject to change during the year. However, the Goods are charged based on the price in force when the Customer confirms his or her order.
Delivery costs are mentioned separately, at the time the Customer confirms the order, prior to payment, and depend on the delivery option chosen, as well as the nature and weight of the good ordered. Delivery costs are therefore billed in addition to the price of the Good(s) ordered, except in cases that have been specifically stated otherwise.
Furthermore, for all goods delivered outside the European Union and outside DOM-TOM (overseas France), Carel draws the Customer’s attention to the fact that customs duties and other local or import duties or state taxes may be requested, insofar as the Customer is considered to be an importer of the Goods. These duties and taxes are not Carel’s responsibility. They are entirely the Customer’s responsibility, both in terms of declarations and in terms of payments to the relevant authorities and/or agencies of the importing country. Carel advises the Customer to inquire about these issues with local authorities in the import country.
Article 4 - Payment Terms
Payment of the price of Goods ordered is made prior to delivery, via PayPal or a credit card during the order process through our secure payment system. Delivery of the Good(s) ordered occurs after the bank payment centers have confirmed payment. If payment authorization is denied, the Customer will receive an email notification cancelling the order and citing the reason for the order cancellation.
The Customer guarantees that he or she is fully entitled to use the credit card or PayPal account to pay for the order.
For any order in excess of 500 euros, Carel reserves the right to verify the consistency of the information available to it, and to request a photocopy of the buyer’s identity card as well as proof of residence. These measures serve to fight against the fraudulent use of your credit card or PayPal account.
The Customer will be notified of Carel’s acceptance of the order through an email order confirmation.
Article 5 – Delivery – Availability
5.1 Availability of Goods
The product offering is valid when visible on the Website and based on available stock.
If one of the Goods turns out not to be available after the Customer has placed an order, the Customer will be informed through an email which will specify the planned replenishment time line for this good so the Customer may withdraw the order or place a new order. In any event, the Customer’s account will be credited within 15 days for the amount of the Good ordered but not delivered. The rest of the order will be delivered accordingly should the Customer agree to a partial delivery.
5.2 Delivery Location
Orders placed on our Website can be shipped anywhere in the world (except Argentina, Israel, and Angola).
All orders are delivered to the delivery address mentioned at the time of the order or in the default Customer Contact Card in the Customer account. In the event of an error on the part of the Customer with respect to delivery information or if insufficient information is provided resulting in the carrier returning the Good, the order will be re-shipped at the Customer’s expense.
5.3 Delivery Time
The delivery time mentioned on the order summary corresponds to the shipping timeline shown on the Product sheet plus the processing and delivery time.
If the carrier delivering the order should need to meet with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment. Carel is not responsible for delivery delays due to a Customer’s unavailability after several attempts to arrange a delivery appointment by the carrier.
When the Customer orders several Goods simultaneously and these goods have different delivery times, the delivery timeline of the order is based on the longest delivery time. Carel reserves the option to split shipments. Processing and shipping costs will only be charged for one shipment.
In the event of a delay in shipping, an email will be sent to the Customer indicating if there is an impact on the initially indicated delivery time.
In accordance with legal provisions, in the event of a delivery delay, the Customer may cancel the contract under the terms and conditions set out in Article L 216-2 of the French Consumer Code.
The Customer is also encouraged to check on the status of the order regularly and to contact customer service for any questions or issues.
Article 6 - Retention of Title
Carel shall retain ownership of the Goods shipped until the full payment of principal and interest, if applicable, has been made. Failure to pay may result in Carel repossessing the Goods. The above stipulations do not prevent the transfer of risk of loss or risk deterioration of the Goods, and any resulting damages, to the Customer after the Customer has received them.
Article 7 - Right of Withdrawal - Return
7.1. Exercise of the right of withdrawal
The Customer has a right of withdrawal within fourteen days without giving any reason. The withdrawal period will expire fourteen days after the Customer acquires, or a third party other than the carrier and indicated by the Customer, physical possession of the Good(s).
To exercise the right of withdrawal, the Customer must inform Carel of the decision to withdraw the order by an unequivocal statement (e.g. a letter sent by post, fax, or email) to the following addresses: Carel SA, 32 rue de Mogador 75009 Paris or firstname.lastname@example.org.
The customer may also use the model withdrawal form which can be downloaded here, but it is not mandatory. The customer may fill out and send the model withdrawal form to email@example.com. If the Customer uses this option, Carel will immediately send an acknowledgement of withdrawal via a durable medium (by mail).
In order for the withdrawal period to be respected, the Customer must simply submit an intention to exercise the right of withdrawal before the withdrawal period expires.
Should the Customer decide to exercise the right to withdrawal, the Customer must return the Good in its original packaging, in its original condition, accompanied by the delivery voucher and/or the relevant invoice within 14 calendar days after the withdrawal request has been submitted to Carel. This deadline is deemed to be met if the Customer returns the property before the fourteen-day period expires. Returned goods are sent at the Customer’s expense and risk. Goods that are not in their original packaging or that are returned in a condition unsuitable for resale will be refused by our returns department and may be sent back to the Customer. In such case, the good(s) will not be refunded.
Given the high value of some Goods, it is advisable for the Customer to insure the Goods being returned to Carel, insofar as the Customer is responsible for their care and preservation until they are received by Carel.
7.2. Refunds by Carel
Carel may refuse any Goods returned that do not take into account the stipulations in the above paragraphs. Refunds may by refused in cases of such returns. Or Carel may request compensation for such returns, depending on damages to the Good.
Carel will defer the refund until the Goods are received or until the Customer provides proof of shipment of the property. The chosen date of reference will be the first of these cases.
In the event of a withdrawal by the Customer that is accepted by Carel, Carel will refund all payments received, without excessive delay and, in any event, no later than fourteen days from the day Carel has been informed of the withdrawal decision. Any additional transport costs for the return will be at the Customer’s expense. Carel will make the refund using the same payment method used by the Customer for the initial transaction.
7.3 - Goods excluded from the right of withdrawal
In accordance with current regulations, the right of withdrawal cannot be exercised for Goods made to the customer’s specifications or customized Goods (e.g. engraving). Moreover, goods unsealed by the Customer cannot be returned for reasons of health and hygiene.
Article 8 - Legal Warranties
As part of the legal compliance warranty, the Customer:
· Has two years from the delivery of the good to take action with respect to Carel;
· May choose between repairing or replacing the property, subject to the cost conditions provided by Article L. 217-9 of the French consumer code;
· Is exempt from providing proof of the good’s non-compliance:
if the good is new: within 24 months of receiving the Good;
if the good is used: within 6 months of receiving the Good.
The legal compliance warranty applies independently of the commercial warranty that may cover the Good.
Note that the consumer may decide to file the warranty for hidden defects of the good sold in the meaning of Article 1641 of the French Civil Code. In that case, the consumer may choose between cancelling the sale or agreeing to a price reduction as laid out in Article 1644 of the French Civil Code.
The provisions of Article 8 do not prevent the Customer from benefiting from the right of withdrawal under Article 7.
However, the Customer cannot challenge compliance on the basis of a defect of which the Customer was aware or could not ignore at the time of contract (Article L.217-8 of the French Consumer Code). The Customer is therefore asked to check the Goods against the description for all goods and especially used goods. Any scratches, dents, and imperfections, should be detailed. Moreover, as used goods are sometimes very old, and despite every care taken by Carel before goods are sent, the Customer acknowledges that he or she is informed of the frequent repairs or updates that may have been made.
Under all circumstances, in the absence of a defect found or abnormal use of the Good (e.g. without this list being exhaustive: a broken item, oxidation, use not in accordance with the manufacturer’s recommendations or with the stated use of the item), Carel will not repair or exchange the Good; Carel will also likely charge for the labor costs incurred.
In accordance with the legal provisions regarding compliance and hidden defects, Carel will refund or exchange defective Goods or Goods that do not correspond to their description. If the Customer requests a refund, the Customer should first contact the Website at the following email address, explaining the details of and the reasons for the request: firstname.lastname@example.org.
If Carel accepts the return, the Goods must be returned in the condition in which the Customer received them, in their original packaging, in their original condition, accompanied by the delivery voucher and/or the corresponding invoice. Shipping costs will not be refunded to the Customer. For specific cases, if the Customer wishes to make a return without additional transport costs, and provided the Customer lives in France, he or she is invited to contact the Carel customer service department by email -- email@example.com or by phone at 01.78.09.99.89 -- to explain the situation. Once the Customer has explained the return and once Carel has confirmed the return, the Customer will receive a Colissimo return label by email and will thus, as an exception, be compensated for the return transport costs. Given the significant value of some Goods, the Customer is advised to insure the Goods during their return delivery to Carel, insofar as it is the Customer’s responsibility to guarantee their care and preservation until they are received by Carel. In addition, for new items and in accordance with the Hamon Act of March, 17, 2014, Carel informs the consumer of the availability of spare parts for 1 year.
Article 9 - Liability
It is expressly stipulated that Carel’s Website is intended for consumers and that the goods sold are not designed for professional use. As such, Carel cannot be held liable for any indirect or intangible damages as a result of the use or exploitation of the Goods ordered. In addition, the Goods comply with French law, but Carel cannot be held liable in the event of non-compliance with the laws of other countries where the goods are delivered. It is Customer’s responsibility to inquire with the authorities of the importing country to determine whether the Good is authorized.
Moreover, Carel cannot be held responsible for a breach of this contract in the event of force majeure, as defined by Article 1218 of the French Civil Code, or for reasons that are the fault of the Customer or for unpredictable or insurmountable events related to a third party or for consequences resulting from the misuse of the Goods sold on the Website.
Article 10 - Intellectual Property
Nothing on this Website, including editorial content, graphics, photographs, logos, and brands, may be copied, reproduced, edited, downloaded, published, republished, transmitted, or distributed in any form or by any means without prior written consent from Carel. Unauthorized use of the items on this Website may constitute a violation of copyright, trademark, or other applicable legislation, and may be subject to legal penalties.
Article 11 - Personal Data
The database with the data provided has been reported to the National Commission for Information Technology and Freedoms. In accordance with Act 78-17 of January 6, 1978, the Customer has a right to oppose, access, or correct any personal data brought to the knowledge of Carel during the execution of the contract. The Customer may exercise these rights by contacting Carel at firstname.lastname@example.org.
In accordance with current regulations, the Customer’s request must be signed and accompanied by a photocopy of proof of identity bearing the Customer’s signature and an address to which the reply should be sent. A reply will then be sent within 2 months of receiving the request.
In addition,with the consent of the Customer during Customer registration, Carel has the option of:
Sending the Customer promotional offers and newsletters. Any other use of the data by third parties is prohibited.
Allowing this personal data to be transmitted to our business partners
Without Customer consent, Carel will only use this information in the strict framework of Customer order processing, statistics to improve its Website, and the services offered.
Article 12 - Evidence
Unless the Customer has evidence to the contrary, Carel’s automatic registration systems are considered to be evidence of the nature, content, and date of the sales agreement.
Article 13 - Applicable Law - Litigation - Claims Processing - Mediation
This contract is subject to French law. The language of this contract is the French language. In the event of a legal dispute, the French courts will be the only competent authority, subject to applicable mandatory legal provisions.
For any complaints, please contact customer service at email@example.com. In accordance with the rules applicable to mediation, all consumer disputes must first be sent in writing to Carel Customer Service before any request for mediation.
In the event of a continuing disagreement and in accordance with French Ruling No. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, any consumer has the right to use a consumer mediator free of charge in view of amicable resolution of the dispute between the consumer and a professional. The time limit for the consumer to refer to a mediator is one year from the date of his or her written complaint to the professional.
The European Commission has set up a dispute resolution platform to collect consumer claims resulting from online purchases; such claims are then passed on to relevant national mediators.
This platform can be accessed via the following link http://ec.europa.eu/consumers/odr/