Conditions of sale

Definitions

  • Website: This retail website (www.caravane.fr) whose purpose is the online sale of home furnishings (furniture, household linens, lamps, carpets) to individuals;
  • User: all internet users connected to the Website;
  • Client: a user who has created an account on the Website;
  • CARAVANE: the CARAVANE company;
  • Check-out: the firm and final confirmation of the order by Client, which presupposes acceptance of the general terms and conditions of sale.

Purpose

These general terms and conditions of sale govern the contractual relationship between CARAVANE and Client and apply to all orders made on the Website.

Enforceability of the general terms and conditions of sale

Client confirms that he/she has read and understood these general terms and conditions of sale.

Sales of the products proposed by CARAVANE are subject to these general terms and conditions. The act of making an order on the Website implies full and unconditional acceptance by Client of these general terms and conditions of sale.

Client can download, save, and copy these general terms and conditions.

The contract of sale for an item purchased on the Website is composed of the general terms and conditions of sale in force on the date of the order and the order form.

Client acknowledges that he/she is perfectly aware of the fact this his/her consent to these general terms and conditions of sale does not require a written signature on this document but results from the sole act of making an order.

Acceptance of these general terms and conditions is made by a double affirmative click following the reading of these general terms and conditions of sale and constitutes proof that Client has read these provisions and is deemed to be irrevocable acceptance of this document.

These general terms and conditions of sale will prevail over any other general or special condition not expressly agreed to by CARAVANE. CARAVANE's failure at any time to enforce any one of the provisions of these general terms and conditions of sale will not constitute a waiver of its right to subsequently enforce this provision. CARAVANE reserves the right to modify its general terms and conditions of sale at any time. In this event, the modifications will apply to sales made as of the time the modified general terms and conditions of sale are put online on the Website.

Capacity

The purchase of products commercialized by CARAVANE is not an act of daily life, within the meaning of Article 1124 of the Civil Code. Therefore, Client declares that he/she has the capacity to contract under the conditions described below, i.e. that he/she is an emancipated minor or is of legal age and is not protected within the meaning of Article 488 of the Civil Code.

Products offered for sale online

The products offered for online sale are those presented on the Website. The products are described by CARAVANE with the greatest possible accuracy via descriptive fact sheets and photos on the Website. However, CARAVANE informs Client, that despite all the care it has taken, the photos cannot ensure perfect similarity with the products offered for sale, in particular as concerns the colors. The differences can result from the color quality of the photos, the difficulty of showing textures on a monitor, or technical adaptations, amongst other issues. These differences cannot under any circumstances be deemed to be non-compliance, give rise to cancellation of the sale, or engage CARAVANE's liability.

All orders are deemed to be express and irrevocable acceptance of the description of the products.

Before an order is made, Client must ensure that the product ordered can be delivered without difficulty to his/her domicile, in particular as concerns its weight and volume. Client must ensure, in particular, that the product can fit through the doors and any hallways. Delivery through a window is not provided.

CARAVANE will not be liable where the conditions for access to Client's domicile make it impossible to deliver the ordered product.

Unavailability of a product

The proposed products and the prices mentioned on the Website are valid for as long as they appear on the Website, while stocks last. In the event that a product is unavailable, CARAVANE will inform Client as quickly as possible by email or by phone. Client can confirm his/her order by accepting a longer delivery time or can request reimbursement of the product on the basis of the invoiced price.

CARAVANE will not be liable for product unavailability.

Prices

The prices for the products offered for sale on the Website are given in euros, include VAT, and are valid only on the Website. These prices do not include delivery and packing charges, which will be provided for each order before check out. The prices of the products can be modified at any time by CARAVANE without prior notice to Client. The products will be invoiced on the basis of the prices in force at the moment the order is recorded.

All orders are deemed to be express and irrevocable acceptance of the product prices.

Orders

Before making a purchase on the Website, Client must first register on the Website. In order to do so, he/she must have a personal account. All the steps in the sale process are clearly indicated on the Website in accordance with Article 1369-1 of the Civil Code.

The contractual process includes the following steps:

  • step 1: selection and validation of the products, during this step Client can modify and correct his/her order;
  • step 2: filling in the mandatory fields in the identification and information forms;
  • step 3: reading the general terms and conditions of sale;
  • step 4: acceptance of all the general terms and conditions of sale;
  • step 5: placement of the order by clicking on the tab "order with obligation of payment".

Under this process, Client can verify the details of his/her order and the total price, and correct any errors before definitively confirming his/her order. As the quantity of the stocks offered for sale is limited, the number of items per order is limited to 5 items maximum.

The order is not definitively recorded until after validation by Client of his/her agreement to pay and acceptance of the transaction by the bank. Details of Client's order are available in a printable format.

Once his/her order has been recorded, Client will receive a confirmation email, setting out the essential elements of his/her order and, in particular, the order number, a list of the products ordered, and price details.

All the data provided by Client during the order process and the recorded confirmation of this order are deemed to be proof of the transaction. CARAVANE reserves the right to refuse any order from a Client with whom there exists a dispute relating to the payment of a prior order, for as long as this dispute has not been settled.

Free limited edition shopping bag with every order over €50 (including delivery charges). Offer valid from 01/12/2016 while stocks last. Specimen picture only – actual product may differ.

Payment

The method of payment used on the Website is by credit card and is limited to the following cards: Carte Bleu classique, VISA, MASTERCARD.

Secure Payment Process

In order to ensure maximum security, CARAVANE works with Crédit du Nord's WebAffaire system which provides security for all of the payment steps to be followed between the purchaser and the bank. The steps are entirely encrypted and protected. The SSL protocol is used along with electronic banking. This means that the information concerning the order and the credit card number do not circulate unencrypted on the internet. Crédit du Nord does not store the credit card numbers after having transmitted the payment transaction to CARAVANE's bank.

Invoice

The invoice will be sent…

Delivery

The delivery area is Andorra, Austria, Belgium, Saint-Barthélemy, Switzerland, Cyprus, Germany, Denmark, Spain, Finland, United Kingdom, French Guiana, Guadeloupe, Greece, Guyana, Croatia, Hungary, Ireland, Italy, Jersey, Saint Lucia, Liechtenstein, Luxembourg, Monaco, Saint Martin, Martinique, Malta, Netherlands, Norway, Portugal, Réunion, Sweden, San Marino, Vatican State and City.

The products will be sent to the delivery address provided by the Client during his/her order. Delivery costs are calculated according to the weight/volume of the items ordered and the country of delivery. Delivery of the order is made by LA POSTE COLISSIMO or Chronopost. Orders are delivered from Monday to Saturday, during the delivery window chosen, directly to the address indicated, and require signature upon receipt. In the event of an absence or the impossibility of delivering your parcel, the letter carrier will leave a delivery notice indicating the date and the address of the Post Office where you can pick up your parcel, upon presentation of an identity document, for a period of 15 days maximum.

Starting from the date indicated on the delivery notice, you will have 15 days to pick up your parcel. After this time period, it will be automatically returned to sender.

You can track your parcel at any time on the Colissimo or Chronopost websites with the parcel number provided to you by www.caravane.fr.

Client will be notified by email when his/her order has been shipped. CARAVANE is committed to a delivery time of less than 15 days.

However, as this time period is given as an indication only, it can be extended to a maximum of 30 days. After 30 days Client can, by registered letter with acknowledgement of receipt, request cancellation of the sales agreement or give CARAVANE additional time.

In the event of cancellation of the sales agreement, CARAVANE must reimburse Client within a period of 14 days maximum from receipt of the request for cancellation of the agreement. All delivery delays must be notified to CARAVANE within a period of 21 working days after shipping, in order to enable the carrier to carry out a proper investigation.

Return Policy / Right to Withdraw

If the item(s) ordered are unsatisfactory, Client has a legal time period of fourteen (14) full days starting from the day the parcel was received to return it, in accordance with Article L 121-20-12 of the Consumer Code, it being stated that where this fourteen (14) day period expires on a Saturday, a Sunday, or a bank holiday or nonworking day, it is extended to the next following working day.

Address for the return of goods:

PROLOG CARAVANE logistique 84 RUE CHOLETAISE 49450 SAINT-MACAIRE EN MAUGES

The product must be returned in its original packaging and in perfect condition. CARAVANE will not accept the return of products which have been soiled, damaged, scratched, stained, or washed. In this event, the parcel will be returned to Client and Client will bear the costs of returning the product.

Upon the exercise of your right to withdrawal, you have fourteen (14) days to return the product purchased.

In the event of a return accepted by CARAVANE, you can either request an exchange or obtain reimbursement, at the latest within fourteen days starting from the day CARAVANE was made aware of your withdrawal, in accordance with Article L. 121-21-4 of the Consumer Code.

Transfer of ownership / transfer of risk

Transfer of ownership of the products to Client, will not be made until after complete payment of the price by the latter, and this no matter what the delivery date for these products. However, the risks of loss or damage of the product will be transferred to Client upon receipt of the products by Client, who must therefore, in the event of damages or losses (e.g.: damaged box, already opened...), formulate all reservations and lodge all claims with the postal services.

Guarantee

CARAVANE agrees to guarantee the compliance of its products within the meaning of Articles L211-4 et seq of the Consumer Code and to replace or reimburse any item found to have a hidden defect (Articles 1641 et seq of the Civil Code).

In order to be compliant with your order, the item must correspond to the description given on the Website and must possess the attributes presented or possess the attributes that a purchaser could legitimately expect in view of the public statements made by the seller, the manufacturer, or its representative, in particular in advertising and on labelling.

In the event of a defective product or where the product does not correspond to the order, Client has a period of ten 10 days following receipt of the product to notify CARAVANE in detail, in writing, and to return the product(s) to CARAVANE at the following address: 20, rue Saint-Nicolas 75012 Paris.

After examining the merits of the claim, CARAVANE, will, at the choice of Client, proceed with the exchange or reimbursement of the products.

If it is not possible to exchange or repair the goods, reimbursement in the form of store credit can be given. Claims made after this deadline or which are manifestly unreasonable will not be accepted. The products must be returned to CARAVANE in the state in which they were received by Client with all the delivered elements (accessories, packaging...).

In accordance with Article L211-11 of the Consumer Code, the cost of return will be reimbursed after the return of the product, upon presentation of receipts, if the non-compliance is confirmed. Client is thus requested to keep all receipts for the return. Failing this, if Client does not include his/her receipts, reimbursement will be made on the basis of the basic postal rates for sending a parcel.

The provisions of this article do not prevent Client from benefiting from the right of withdrawal mentioned above.

Liability

CARAVANE will not be liable for any of the inconveniences or harm inherent to the use of the internet network, in particular the interruption of service, external intrusion, or the presence of computer viruses.

CARAVANE will not be liable for the content of sites which can be visited via a hypertext link contained on its own Website.

In addition, CARAVANE will not be liable for any breach of its contractual obligations in the event of force majeure or an unforeseen accident. Force majeure is any event, occurring independently of CARAVANE and Client, which results in totally or partially preventing the performance of the contractual obligations. Force majeure events or unforeseen accidents are deemed to be, in addition to those usually found by case law, total or partial strikes, internal or external to CARAVANE, lock-outs, epidemics, earthquakes, fires, storms, floods, water damage, blocking of means of transport or supply, legal or governmental restrictions, and blocking of electronic communications.

In the event of force majeure or an unforeseen accident, CARAVANE agrees to inform Client within seven (7) days of its occurrence. If the impediment continues for a period of more than fifteen (15) days, Client may request cancellation of his/her order.

Intellectual Property

All of the elements on the Website are and remain CARAVANE's exclusive and intellectual property. Client is not authorized to copy, exploit, disseminate, or use in any way whatsoever, even partially, the elements of the Website, whether they be software, visual or audio. The texts, images, drawings and the lay-out as well as the graphic charter of this Website are protected by intellectual property law. It is forbidden to copy, extract, disseminate, modify, or adapt the content of the Website. Downloading and printing of text, images, and graphic elements are authorized solely for non-commercial personal use. The prior written consent of CARAVANE must be obtained before any reproduction of drawings, images, audio files, video sequences, or texts in other publications whether digital or printed. Failure to obtain authorization is punishable as infringement. The trademarks and logos on the Website are registered and protected trademarks. Any total or partial reproduction of these trademarks and/or logos made using the elements on the Website without CARAVANE's express consent constitutes an act of infringement punished by Articles L.335-2 et seq of the Intellectual Property Code. Databases created by CARAVANE are protected by author's rights and the Law of 1 July 1998 transposing the European Directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code. Extracts must be limited and made only for private use. Simple or hypertext links are strictly forbidden.

Personal Data and Registration

Registration and login with CARAVANE are not required to simply visit the Website. *

However, all orders require prior registration and the creation of an account. During the registration process User agrees to provide data which is complete and accurate.

The creation of a personal account will give rise to the recording and processing of personal data, including IP addresses, which will be transmitted to CARAVANE.

This file is filed with the CNIL under the no. 10 3 783 232, in accordance with Law no. 78-17 on information technology, data files, and civil liberties, of 6 January 1978, modified in 2004.

The purpose of this recording and processing is to enable the taking and processing of the order and ensure delivery to Client.

The data is intended for use solely by CARAVANE but may also be transmitted to its partners where Client has expressly accepted its disclosure by ticking the corresponding box during the order. This data will not, under any circumstances, be given to third parties.

Under Law no. 78-17 on information technology, data files, and civil liberties, of 6 January 1978, modified in 2004, Client has a right of access, rectification, modification et deletion of information concerning him/her which he/she can exercise by contacting Caravane Web data controller for the processing:

  • by post: CARAVANE, 20 rue Saint-Nicolas – 75012 PARIS
  • by email to: caravaneweb@caravane.fr

In the event of an objection to the data processing, no orders can be made.

Archiving

In accordance with Article L134-2 of the Consumer Code, CARAVANE will archive order forms and invoices on a reliable and durable medium constituting a true copy. Orders of over 120 € will be archived and stored by CARAVANE for a period of 10 years. CARAVANE's computerized records are deemed by CARAVANE and Client to be proof of the communications, orders, payments and transactions which took place between CARAVANE and Client.

Disputes

These general terms and conditions of sale online are governed by the laws of France. The courts of PARIS will have exclusive jurisdiction to deal with any disputes which cannot be settled amicably, notwithstanding multiple defendants or introduction of third parties, and this except where contrary to public order.

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