PREAMBLE

​

The commercial site www.lecalotfrancais.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet network, open to any user of this network (hereinafter referred to as "Internet user").

The Site is published by the company Le Calot Français.

To contact Le Calot Français by e-mail, go to the section "Contacts" du Site.

The Site allows Le Calot Français to offer for sale textile products and accessories manufactured by Le Calot Français or its potential business partners (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as "Customers "). For the application hereof, it is agreed that the Customer and Le Calot Français will be collectively referred to as the "Parties" and individually referred to as a "Party", and that the Customer having validated an order will then be referred to as "Buyer".

It is specified that the Products are reserved for individuals and intended for the personal use of the Customer, unrelated to a professional use of the latter. As such, the Customer's attention is particularly drawn to the fact that the amount of his orders must not exceed the sum of one thousand (1000) Euros including tax, and that the order may not relate to more than five (10 ) quantities of the same reference / color / size.

Any order for a Product offered on the Site implies the Buyer's acceptance of these general conditions of sale.

Le Calot Français reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The applicable general conditions of sale are those in force on the date the order is placed.

​

​

**********

 

ARTICLE 1: OBJECT

​

These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, they apply to the exclusion of any other document.

​

​

**********

​

ARTICLE 2. PRODUCTS - PRICES

​

    2.1. PRODUCTS

Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale. Product offers are limited to Metropolitan France (excluding overseas territories), including Corsica and Monaco. Product offers and prices are valid, within the limits of available stocks, as long as they are visible on the Site.

In addition to the photographs reproduced and illustrating the Products presented, the Customer is invited to consult the description of each Product to know its characteristics.

​

    2.2. PRICE

Prices are quoted in euros all taxes included. Value Added Tax is not applicable art.293 B of the CGI, at the time of placing the order.

The prices applied are those appearing on the Site at the time of placing the order.

If applicable, the lump sum contribution to the delivery costs will be communicated to the Customer on the summary of the contents of the basket before validation of the order by the Customer.

​

​

**********

​

ARTICLE 3. ORDER

​

     3.1

The Customer who wishes to place an order chooses the different Product(s) of his choice and adds them to his basket by clicking on “Add to basket”

At any time the Customer can:

- check the number of Products contained in his basket and obtain detailed information on each of them by clicking on the "My basket" icon,

- continue to select Products by clicking on the "Continue shopping" button,

- complete the order by clicking on the "Place my order" button.

All new Customers must fill in the fields offered to them to create their customer account after clicking on the “Validate basket” button. The Customer must accurately complete the form made available to him, on which he will mention in particular the information necessary for his identification, including a valid email address and a password of his choice (which will be personal and confidential) which will be used later. to identify themselves on the Site.

Any Customer who already has a customer account must identify himself after clicking on the "Place my order" button, by entering his email address and password.

The provision of personal data collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders, as well as for the establishment of invoices. This information is strictly confidential.

After having read the summary of the contents of his basket, and, if necessary, after having informed the advantages from which he benefits, the Customer validates his basket by clicking on the button "Validate the basket". The Customer is then asked to enter his choice of delivery, as well as his means of payment. 
At the end of this step, the Customer has a summary page on the screen corresponding to the summary order form. The Customer can, on this page, modify the information entered.

This page displays:

- the Customer's billing address,

- the delivery address of the Products,

- the visuals of the Products making up the basket,

- the subtotal of the order excluding option(s),

- if applicable, the gift option (products presented in gift packaging with a personalized message),

- the fixed amount of contribution to the delivery costs,

- where applicable, the amount of the benefits enjoyed by the Client,

- the total amount of the order, all taxes included.

The Customer cannot access the next step (payment of the order) without reading the General Conditions of Sale which he accepts and his right of withdrawal which he acknowledges having been informed of by checking the box provided for this purpose. The Customer then confirms his order by clicking on the “Confirm and proceed to payment” button; the Customer then becomes the Buyer.

​

     3.2 ORDER VALIDATION

The sales contract between the Buyer and Le Calot Français is formed when Le Calot Français sends the Buyer the latter's order confirmation (see Article 3.4 below). Between the moment the Buyer pays for his order and the sending, by Le Calot Français to the Buyer, of the latter's order confirmation, Le Calot Français reserves the right not to accept the order in case of:

- Exceeding the ceiling indicated in the preamble hereof,

- Existing dispute(s) with the Buyer,

- Total or partial non-payment of a previous order from the Buyer,

- Refusal of payment authorization by banking institutions.

​

PAYMENT    

The price owed by the Buyer is the amount indicated on the summary order form which the Customer has read before confirming his order. The price is then recalled after payment in the order confirmation, a summary document sent by email to the Buyer's email address by Le Calot Français.

Payment by credit card

The Customer will pay for his order by bank card (credit card, Visa, Eurocard/Mastercard, American Express) in accordance with the provisions of this article.

To pay for his order by credit card, the Buyer must send the name of the card holder, the number of his credit card and, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number. (3-digit number on the back of his credit card).

The debit of the card is made, at the earliest, only at the time of the finalization of the preparation of the order. In any event, the amount debited will correspond to the Product(s) actually shipped by Le Calot Français.

It is specified that to make payment by credit card, the Buyer has been automatically transferred to a payment server.

The server is secured by SSL encryption (Secure Socket Layer) so as to protect as effectively as possible all data related to means of payment, and so that, at no time, the Buyer's bank details do not pass through the computer system of the Calot Français.

After confirmation from the bank, your payment is validated and your transaction finalized.

PLEASE NOTE, your transaction is canceled after 3 authentication failures and your card will be blocked after 3 canceled bank transactions. In this case, contact your bank.

​

     3.4. BUYER'S ORDER CONFIRMATION

At the end of the payment and at the latest before the delivery, a summary document of the order entitled "Your order confirmation" is sent to the Buyer by e-mail to the e-mail address indicated by him.

This valid document includes all the constituent elements of the contract entered into between the Parties.

The summary order form is recorded in the registers of Le Calot Français, which are themselves kept on a reliable and durable medium.

The unavailability of a Product will be notified to the Buyer on the electronic invoice corresponding to the order which will be attached to an e-mail informing the Buyer that his order is ready to be dispatched.

​

     3.5. ORDERING PERSONALIZED PRODUCTS ON THE SITE

The Product customization service is available on the Site.

In order to validate his order of one or more personalized Product(s), the Internet user browsing the Site must validate the preview of the text he has chosen to ensure compliance, in particular: color , font size, typography and content of the message to embroider.

Validation by this customer entails his full acceptance of the embroidery of the text as he will have submitted it to the Calot Français.

He will be solely responsible for the text chosen to proceed with the personalization of his Product. Said customer undertakes:

- to respect existing intellectual property rights (in particular: trademarks, copyright, personality rights, etc.)

- not to submit text whose content could prove to be illegal or contrary to morality (in particular of a pornographic, pedophile, racist nature, etc.)

Le Calot Français can in no way be held responsible for the consequences linked to the choice of texts to be embroidered made by this customer.

However, Le Calot Français reserves the right to cancel any order for Personalized Products that does not comply with the conditions referred to above.

Personalized Products cannot be exchanged or refunded and do not benefit from the right of withdrawal. On the other hand, personalized Products always benefit from the legal guarantees referred to in Article 7 below.

​

​

**********

​

ARTICLE 4. DELIVERY

​

     4.1. HOME DELIVERY

Le Calot Français will deliver the order within seven (7) working days from the payment of the order by the Buyer. It is specified that orders placed on the Site on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders placed on the Site on a public holiday are also processed the following business day.

The Products ordered by the Buyer are delivered only in metropolitan France (excluding overseas territories), including Corsica and Monaco, to the address indicated by the Buyer, accompanied by a delivery slip for a fixed amount of participation in the shipping cost. The Buyer has the option of having the Products delivered to an address other than his own. Delivery will not be guaranteed in the event of force majeure as defined in article 10.1 below.

The responsibility of Le Calot Français   cannot be engaged, in particular because of a subsequent change of address of the Buyer which would not have been notified to him or an error in the coordinates of the Buyer communicated by the latter.

 

If your package has not reached you within 20 days of placing the order, contact our customer service without delay, by email using the contact page on the site.

 

     4.2. DELIVERY RATES

Delivery of orders is made at home by sending a letter followed.

For any order of 1 to 5 caps = €2.84 in mainland France only (excluding overseas territories), Corsica and Monaco.

Le Calot Français offers you free delivery costs for any order of a minimum amount of 70 (seventy) euros.

 

​

**********

​

ARTICLE 5: RECEIPT OF THE ORDER

​

Upon receipt of the order, the Buyer will check the conformity of the Products received in execution of his order. Any anomaly concerning the delivery (namely, in particular: Missing or damaged products, damaged packages) must be notified to the Calot Français at the following address:

- By e-mail in the “Contacts” section of the website www.lecalotfrancais.com.

In the event of returns of abnormal or abusive Products, Le Calot Français may refuse to serve a subsequent order.

​

​

**********

​

ARTICLE 6. RIGHT OF WITHDRAWAL

​

The right of withdrawal available to the Buyer relates to the entirety of his order and not to a partial return of Products.

In accordance with article L.221-28.3° of the Consumer Code, the right of withdrawal cannot be exercised concerning Products made according to the consumer's specifications or personalized Products. The Buyer will therefore not have the possibility of exercising his right of withdrawal for personalized Products.

Exercise of the right of withdrawal

The Buyer has a period of fourteen (14) days to exercise his right of withdrawal and return at his expense and without reason, the Product(s) he has ordered (excluding personalized Products) .

This period runs:

- from the date of delivery of the Products to the delivery address indicated by the Buyer (and in the absence of the latter, from the date of first presentation of the package containing the Products).

The Buyer will inform Le Calot Français of its decision to withdraw by sending it, before the expiry of the aforementioned period, a withdrawal email to our mailbox :lecalotfrancais@gmail.comand expressing a desire to withdraw.

The Product(s) must be returned by the Buyer to Calot Français at the latest within fourteen (14) days following the communication by the Buyer of his decision to withdraw, in its (their) packaging and its (their) original packaging (which may have been opened), unworn, unwashed. The Product(s) thus returned must be accompanied by the delivery note received in the package or the invoice received by e-mail when the package is dispatched.

Reimbursement of the returned Product(s) within the framework of the exercise of the right of withdrawal

If the aforementioned conditions are met, Le Calot Français will reimburse the Buyer for the total amount of his order (excluding personalized Products), including the costs of returning the Products, which remain the responsibility of the Buyer. This refund will take place no later than fourteen (14) days from the date on which Calot Français was informed of the Buyer's decision to withdraw. Nevertheless, in the absence of receipt by Calot Français, within this period, of the returned Products or proof of their dispatch by the Buyer, the reimbursement of the Products will then be deferred to the first of these two dates: receipt by Calot Français of the Products or receipt by the Calot Français of proof of shipment of the Products by the Buyer.

​

​

**********

​

ARTICLE 7. WARRANTY

​

All our Products benefit from the legal guarantees, provided that the use has been normal and that the maintenance advice has been followed.

Legal guarantee of correct delivery

In accordance with Article L217-4 of the Consumer Code, the seller delivers goods that comply with the contract and is liable for any lack of 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 this has been charged to him by the contract or has been carried out under his responsibility.

Pursuant to article L217-5 of the Consumer Code, the property complies with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Legal warranty against hidden defects

In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid less for it, if he had known them.

In the event of an action under the legal guarantee of conformity:  

- The action resulting from the lack of conformity is prescribed by (2) two years from the delivery of the goods (Article L217-12 of the Consumer Code). 

- In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. (Article L217-9 of the Consumer Code) 

- The defects of conformity which appear within (24) twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (Article L217-7 of the Consumer Code). 

The legal guarantee of conformity applies independently of the commercial guarantee granted by Le Calot Français under the terms of article 8 of these general conditions of sale. 

In the event of implementation of the guarantee against hidden defects:  
- The buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded, as determined by experts (Article 1644 of the Civil Code).  
- The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).

In the event of finding non-compliance or a defect affecting one or more Product(s) within the above-mentioned deadlines, the Buyer may return the Products to Le Calot Français. If the aforementioned conditions are met, Calot Français will exchange the Product(s) with such lack of conformity or proven defects and whose origin is indeed attributable to Calot Français or will reimburse the Purchaser the amount of such Product(s), as well as the costs of returning the Products paid by the Buyer, if applicable.

​

​

**********

​

ARTICLE 8. EXCHANGES AND REFUNDS VIA THE SITE

​

The Products purchased on the Site may be subject, within the time limits and conditions indicated below:

- a refund on the Site, with the exception of any exchange.

​

Without prejudice to the provisions of the legal guarantee, nor to the right of withdrawal, the Buyer has a period of thirty (30) days to return, at his own expense, any Product(s) he has ordered if this (these) does not give him satisfaction (excluding Personalized Products).

This time limit runs:

- from the date of delivery of the Products to the delivery address indicated by the Buyer (and in the absence of the latter, from the date of first presentation of the package containing the Products)

- or from the day on which the Buyer is informed by the Calot Français of the delivery of his order in store in the event that the Buyer has opted for this delivery service.

The Buyer wishing to return the Products must inform the Calot Français by email onlecalotfrancais@gmail.comwho will indicate the procedure to be followed.

After making this return request on the Site, the Buyer must return the Product(s) in its (their) packaging and its (their) original packaging (which may have been opened) unworn ), unwashed, with the Calot Français, accompanied by the invoice received by e-mail when the parcel was dispatched.

If the aforementioned conditions are met, Calot Français will reimburse the Purchaser, within thirty (30) days after receipt of the latter's request for return, the amount of the returned Product(s), it being understood that the costs delivery and return of the Product(s) concerned remain the responsibility of the Buyer.

​

​

**********

​

ARTICLE 9. PERSONAL DATA / COOKIES PROTECTION POLICY

​

The personal data protection policy and the policy relating to cookies is accessible on the website www.lecalotfrancais.com, via the section “ VIE PRIVEE, CONFIDENTIALITE ET COOKIES_cc781905-5cde-3194- bb3b-136bad5cf58d_”.

​

​

**********

​

ARTICLE 10. MISCELLANEOUS STIPULATIONS

​

     10.1. WEB TAGS

Certain web pages of the Site may contain web beacons which allow the number of visitors to the Site to be counted and/or to provide the Calot Français with a certain number of indicators.

These web beacons may be used to measure and improve the Site's effectiveness.

In any case, the information obtained via these web beacons is strictly anonymous and simply makes it possible to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Customers of our Site.

​

     10.2. FORCE MAJOR

Le Calot Français will not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the Customer or from a case of force majeure (Article 1218 of the Civil Code) .

Le Calot Français will notify the Customer/Purchaser of an event constituting force majeure, within 5 working days of its occurrence.

The Parties agree to consult together as soon as possible in order to determine the terms and conditions for processing the order for the duration of the case of force majeure.

Beyond a period of (one) 1 month of interruption due to force majeure, the Parties will be released from their obligations to each other. If necessary, Le Calot Français will refund the Buyer the amount of his order as soon as possible.

​

     10.3. ENTIRE AGREEMENT

These general conditions of sale and the order confirmation sent by Le Calot Français to the Buyer form a contractual whole summarizing all the agreements entered into between the Parties.

​

     10.4. CONSERVATION AND ARCHIVING OF TRANSACTIONS

The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.

​

     10.5. APPLICABLE LAW - COMPETENT COURTS - MEDIATION

These general conditions of sale and the contractual relationship between Le Calot Français and the Buyer are subject to French law. 

Any dispute relating to the interpretation, execution or breach of these general conditions of sale and/or the contractual relationship between Le Calot Français and the Buyer will be subject to the sole jurisdiction of the French courts, notwithstanding multiple defendants and/or or appeal in guarantee, even for emergency procedures or protective procedures in summary proceedings or by request. The competent court in the event of a dispute will be that of the place of residence of the defendant. 

The Buyer is informed of the possibility of having recourse, in the event of a dispute resulting from an online or in-store purchase, to a conventional mediation procedure or to any other alternative method of dispute resolution, as soon as such a dispute could not be settled within the framework of a prior complaint directly lodged with the French Calot. 

In the event that your dispute results from a national or cross-border online purchase, you can have access to the dispute resolution platform set up by the European Commission for consumer disputes resulting from an online purchase: _cc781905 -5cde-3194-bb3b-136bad5cf58d_https://ec.europa.eu/consumers/odr/.