1. Identification of the seller
The present General Terms and Conditions of Sale are those of Charles Capron SASU, a simplified joint stock company with a single shareholder and a capital of 1,000 euros, registered with the Paris Trade and Companies Registry, whose RCS number is 850 325 572, and whose head office is located at 3, rue Raoul Nordling 92200 Neuilly sur Seine, France.
2. Scope of application and acceptance of the General Terms of Sale
The purchase of Products offered on the website www.charlescapron.com is subject to the present general terms and conditions of sale of the Site (hereinafter the “GTC”).
The CHARLES CAPRON Products are exclusively intended to be sold to final consumers who are natural persons or non-professional legal entities, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he/she is acting as an end consumer and that he/she does not intend to resell the Products for commercial purposes.
CHARLES CAPRON may update these GTC at any time.
The Customer can check at any time the current version of the GTC. The GTC in force at the time of the conclusion of the sales contract are those which are opposable to the Customer.
In addition, for each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these GTC in force at the time of placing the order.
3. Terms and Conditions of Ordering
Any order placed on the Site implies express acceptance of the GTC and acceptance of the prices and Products available for sale on the Site.
4. Verification of the Customer’s order: the Customer verifies the content of his/her order, the total price, the delivery and billing addresses while keeping the possibility of deleting a Product or modifying the billing and delivery address. The Customer validates his mode of delivery and payment. The Customer must confirm his acceptance of these GTC by checking the corresponding box. The validation of the order is possible only after having checked this box. After this step, the Customer cannot modify and/or cancel his order.
5. Acknowledgement of receipt of the order: the Customer receives an e-mail summarizing the contents of his order, namely
– his delivery and billing addresses
– the order number
– the date of the order
– the list of Products ordered and their amounts
– the delivery method
6. Confirmation of the sending of the order: the Customer receives an e-mail summarizing the content of his order and confirming the sending. The contract is deemed to be concluded on the date of sending this e-mail.
* Tracking of the order
A tracking number of the carrier is communicated to the Customer when the order is validated.
If the Customer wishes to obtain information concerning the follow-up of his order, he can connect to the website of the carrier chosen by CHARLES CAPRON, e.g. LA POSTE, at the address www.laposte.fr, and follow the progress of his parcel directly. The Customer receives information by e-mail concerning the different steps of the process of treatment and preparation of his order until its expedition.
7. Availability of the Products
CHARLES CAPRON’s products and prices are valid as long as they are visible on the website, within the limit of available stocks.
CHARLES CAPRON shall not be held responsible in case of stock shortage or unavailability of Products for orders not yet accepted by CHARLES CAPRON.
CHARLES CAPRON reserves the right to change at any time and without notice the Products offered on the Site.
In order to ensure a better quality of service and availability of its Products to all the Customers of the Site, CHARLES CAPRON reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this matter and in particular those of Article L.121-11 of the French Consumer Code.
While every effort is made to ensure that the color and design of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of color rendering on the Customer’s computer equipment. Consequently, CHARLES CAPRON shall not be held responsible for any errors or inaccuracies in the photographs or graphic representations of the Products displayed on the Site.
CHARLES CAPRON reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if CHARLES CAPRON reasonably believes that the Customer has violated these GTC or engaged in fraudulent activity, or for any other legitimate reason.
The prices of the Products are indicated in Euros. CHARLES CAPRON will not reimburse the VAT applied to purchases made on the Site (even in the case where the buyer, after receiving the Products, sends them back to a country outside the European Union).
CHARLES CAPRON reserves the right to modify at any time and without notice the prices of the Products offered on the Site.
The Products are invoiced on the basis of the prices displayed on the Site at the time of the order, subject to the availability of the Products ordered at that moment.
All orders are payable in Euros and must be paid immediately when the order is placed.
In case of unavailability of certain Products ordered (see Article 4 “Availability of Products”), only the price and shipping costs related to the available Products will be charged.
By credit card: The payment is made on the secured site of the banking establishment partner of CHARLES CAPRON.
The order will be registered and validated as soon as the payment is accepted by the bank.
9. Property reserve
The Products ordered remain the property of CHARLES CAPRON until the full payment is received by CHARLES CAPRON. On the other hand, the Customer assumes the risks (in particular of loss, theft or deterioration) concerning the delivered Products as from the moment they are delivered to the address indicated at the time of the order.
10. Delivery terms and conditions
The amount of the preparation and shipping costs depends on the country and the total amount of the order.
CHARLES CAPRON shall not be held responsible for any action and/or fees and/or taxes (which are the responsibility of the Customer) and/or delays due to customs services over which it has no control.
For all the Products, the order is prepared for a departure from CHARLES CAPRON within a maximum of 7 working days (subject to stock availability and except for the particular case of the Products sold “in pre-order” for which the specific estimated delivery time is indicated on the order form) as from the confirmation by e-mail of the order. The average time between placing an order and its delivery is 4 to 9 working days.
As an exception to the above-mentioned times, “pre-order” operations may be subject to longer delivery times. In this case, the estimated delivery time for “pre-order” operations may be 6 to 9 months from the time of the order as duly indicated in the purchase process.
Exceeding the estimated delivery time indicated cannot give rise to any cancellation of the order, to any reduction in the price paid by the buyer and to any payment of damages, it being specified that in certain particular cases (e.g.: products marketed as “pre-orders”) the times indicated above may be longer. However, in the absence of delivery after 30 days from the estimated maximum time, the Customer will have the possibility of cancelling the order without charge. The sums paid will then be refunded to him. In the cases where CHARLES CAPRON has the capacity to do so, it reserves the possibility to propose to the Customer a product of equivalent quality and price to the initial product.
If the order reaches a certain volume, CHARLES CAPRON will be able to send it to the Customer in several deliveries and/or several packages.
In general, all the packages are sent via the company LA POSTE.
The Customer must check the conformity of the delivered Products at the time of the delivery and before signing the delivery note of the carrier. He/she must indicate on this delivery note and in the form of handwritten reserves accompanied by his/her signature any anomaly concerning the delivery (damaged Product…). This verification is considered to have been carried out as soon as the Customer, or a person of his choice, has signed the delivery note. No claim on the condition of the delivered package(s) will then be admissible. In case of reservations on the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following the reception of the item(s) and send a copy of this letter to CHARLES CAPRON by email at firstname.lastname@example.org with confirmation by registered letter with acknowledgement of receipt to the customer service at the following address Société CHARLES CAPRON – 3 rue Raoul Nordling, 92200 Neuilly sur Seine, France.
In case of incomplete address, wrong address, refusal of the parcel by the addressee or lack of information leading to the impossibility to deliver the Product to the addressee in time, CHARLES CAPRON cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, CHARLES CAPRON shall be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the carrier’s general terms of delivery which, in some cases, if not complied with, may impact the quality of the delivery.
Thus, in case of absence of the recipient, according to the carrier’s general delivery conditions, the product may be presented again and/or deposited in an agreed relay point and/or in front of the Customer’s home and/or in a carrier’s “sorting – waiting” center and/or sent back to CHARLES CAPRON which cannot be held responsible for any theft, loss, damage on the Products related to their delivery and, in general, of the final quality of the delivery.
In case of impossibility of delivery and if the product was returned to CHARLES CAPRON by the carrier, CHARLES CAPRON will not make a new delivery.
Any claim concerning the delivery of the Products must be formulated within 14 working days following the receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to CHARLES CAPRON, they must be returned in their original condition (packaging, accessories…) and according to the following shipping conditions. The Customer will have to contact the customer service via the email : email@example.com in order to obtain a return number to be noted on the form ” Return form ” attached to the order as well as any precision relative to the expedition. No package will be accepted without a return number. This number must be written legibly on the package with a marker. The Product must be returned to Société CHARLES CAPRON – 3 rue Raoul Nordling, 92200 Neuilly sur Seine, France.
11. Right of retraction
In accordance with articles L. 121-16 and following of the French Consumer Code, the Customer has a period of 14 days from the day of the delivery of the product purchased on the Site to inform the customer service of the wish to return the Product.
For any return, the Customer must i) use the return form attached to the delivery package or ii) contact the customer service via the email: firstname.lastname@example.org to inform them of their decision to use their right of withdrawal. Any parcel returned beyond the announced deadlines, will be refused and sent back to the sender. No parcel sent back in against-refunding will be accepted, whatever the reason. The costs and risks related to the return of the Products are the responsibility of the sender. In order for the customer service to accept the exchange and/or the refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, not worn, with all its accessories and a copy of the purchase invoice to Société CHARLES CAPRON – 3 rue Raoul Nordling, 92200 Neuilly sur Seine, France. The customer will not have to justify any reason or pay any penalty, except for the return costs.
CHARLES CAPRON shall not be held responsible for the loss, theft or damage of the package.
Packages for which the identification of the Customer (name, first name, address and return code) is not possible, will be refused.
All returns must be made by a traceable method (UPS, FEDEX, DHL, RAR, etc…) and the tracking number must be communicated to CHARLES CAPRON.
Upon receipt of the Product returned by the Customer, the customer service will send by email a confirmation of receipt of the Product.
CHARLES CAPRON, in case of regular exercise of this right by the Customer, will reimburse to the Customer the sums paid by him/her corresponding to the acquisition of the returned Product(s) (thus excluding possible customs fees), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed to the Customer.
CHARLES CAPRON commits to reimburse the standard delivery costs including the tracking of the package. For this purpose, the delivery invoice indicating the tracking number of the parcel should be inserted in the return package.
12. Legal warranties
The Products sold by CHARLES CAPRON are subject to the legal warranties provided for by articles L.217-4 to L.217-14 of the French Consumer Code as well as by articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
CHARLES CAPRON will refuse any claim concerning Products that have been used inappropriately.
Any claim concerning the Products as such and not related to the delivery must be formulated by email at email@example.com followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address Société CHARLES CAPRON – 3 rue Raoul Nordling, 92200 Neuilly sur Seine, France.
*Legal guarantee of conformity:
CHARLES CAPRON will deliver to the Customer a Product in conformity with the contract and free of defects of conformity at the time of delivery of the said Product, in the sense that the Product will be fit for the use usually expected of a similar good and that it will present the characteristics presented at the time of the sale. CHARLES CAPRON shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
* Legal warranty against hidden defects:
CHARLES CAPRON will deliver to the Customer a Product free from hidden defects which would make it unfit for the use for which it is intended, or which diminish this use so much, that he would not have acquired it, or would have given only a lower price, if he had known them.
These warranties will only come into play if the Customer makes the request within 24 months of delivery of the Product (for the legal warranty of conformity) or of the discovery of the defect (for the legal warranty of hidden defects).
Conformity defects that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of a recognized non-conformity of a Product sold by CHARLES CAPRON, the Customer may choose between repairing or replacing the Product, except if one of these choices entails a manifestly disproportionate cost for CHARLES CAPRON. If the repair or the replacement of the Product is impossible, the Customer can be refunded the price paid and return the Product or keep the Product and be refunded a part of the price, except if the defect of conformity is minor.
In case of a hidden defect recognized on a Product sold by CHARLES CAPRON, the Customer will have the choice to return the Product and get back the price and expenses incurred by the sale or to keep the Product and get back part of the price.
In all cases, it will be up to the Customer to prove that he/she meets the conditions of the guarantee.
The return, replacement or reimbursement of the Product will be free of charge for the Customer and does not prevent the possible allocation of damages in the event that the Customer is entitled to them.
In case of lack of conformity and/or hidden defects recognized by CHARLES CAPRON, if it is decided to return the Product, the Customer shall send it to the following address CHARLES CAPRON – 3 rue Raoul Nordling, 92200 Neuilly sur Seine, France. The Customer must have previously obtained a return number from the customer service department contacted via the email : firstname.lastname@example.org as well as any details concerning the shipment. No package will be accepted without a return number. This number must be written in marker on the package.
13. After-sales service and availability of spare parts
Any technically repairable Product benefits from a paid after-sales service. For any repair request, the Customer will contact directly the customer service via the email: email@example.com
In accordance with article L 111-3 al 1 of the French Consumer Code, CHARLES CAPRON confirms that no period of availability of spare parts essential to the use of the Products is guaranteed. CHARLES CAPRON will nevertheless make its best efforts to satisfy its Customers in case of request for one or more spare parts.
14. Limitation of liability
In no case, CHARLES CAPRON shall not be held liable for any damage that would not result from a failure of CHARLES CAPRON to fulfill one of its obligations.
15. Personal data
When the Customer registers on the website www.charlescapron.com, CHARLES CAPRON collects his personal information (personal data, e-mail address, gender…) through the registration form in order to offer him the services accessible in the reserved access areas of CHARLES CAPRON. The information provided by the customer is essential for the processing and delivery of his orders.
The ordering process on the website www.charlescapron.com requires the creation of a customer account in which the information is stored and protected by a password chosen by the customer. This information is strictly confidential and is intended for CHARLES CAPRON only. It will be processed in strict compliance with the provisions of the French law “Informatique et Libertés” n°78-17 of January 6, 1978 and the regulation (EU) 2016/679, general regulation on data protection.
In this respect, CHARLES CAPRON undertakes in particular to (i) guarantee the confidentiality of personal data processed within the framework of the present contract by implementing appropriate security measures in its field of activity, (ii) to ensure that the persons authorized to process personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) to ensure that its subcontractors, if any, comply with the legal obligations on behalf of and as instructed by CHARLES CAPRON.
At any time, the Customer has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, he can make a request to CHARLES CAPRON by email at firstname.lastname@example.org or by mail at the following address CHARLES CAPRON – 3 rue Raoul Nordling, 92200 Neuilly sur Seine, France.
16. Intellectual property
All documents, information, texts, graphics, images, photographs or any other content published on the website www.charlescapron.com are the exclusive property of CHARLES CAPRON. Consequently, they may not be reproduced, exploited or used in any way whatsoever, without the express authorization of the publication director.
CHARLES CAPRON is the owner of all intellectual property rights (except for the moral rights of the authors) related to the Products and to the brands and distinctive signs under which the Products are marketed.
The Customer recognizes without reserve as such the intellectual property of CHARLES CAPRON and undertakes not to infringe it in any way. More specifically, the Customer expressly agrees not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and the trademarks belonging to CHARLES CAPRON.
17. Force majeure
“Force Majeure” means any external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering from a force majeure event.
In the event that CHARLES CAPRON is prevented or delayed by a case of force majeure in the execution of its commitments, CHARLES CAPRON undertakes to inform the Customer within 96 hours specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or the prevention. CHARLES CAPRON will then be released from the responsibility related to the non-performance or the delay in the performance of its obligations, but undertakes to use its best efforts to resume the full performance without delay. In such a case of force majeure, CHARLES CAPRON will be able to terminate the order or any part of it at its own discretion, without liability, however, the Customer will be reimbursed for the amounts already paid. In no way, the Customer may invoke a case of force majeure to be released, even temporarily, from an obligation to pay a sum of money.
18. Applicable law – Litigation
The present General Terms and Conditions of Sale are governed and interpreted in accordance with French law. The language of this contract is French.
In the event of a dispute, the French courts shall have exclusive jurisdiction. However, in application of the EC Regulation 593/2008 of June 17, 2008, the present General Terms and Conditions of Sale do not prevent the application of a provision more favorable to the Customer, which cannot be derogated from by agreement, and this under the law of the country where the Customer has his usual residence.
1. Data controller
1.1 The data controller is CHARLES CAPRON SASU, whose registered office is located at 3 rue Raoul Nordling, 92200 Neuilly sur Seine – France (hereinafter “CHARLES CAPRON”). In this respect, CHARLES CAPRON – and/or its service providers acting in its name and on its behalf – determines the purposes, technical and legal means of processing personal data and undertakes to take all the necessary organizational measures to guarantee secure processing in compliance with the French Data Protection Act, files and freedoms of January 6, 1978, as amended by the law of August 6, 2004 (hereinafter, “the Law”) and the European Regulation of April 26, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, “the RGPD Regulation”).
1.2 CHARLES CAPRON is free to choose any natural or legal person who processes Users’ personal data at its request and on its behalf (hereinafter “the processor”). Where applicable, CHARLES CAPRON undertakes to select a subcontractor offering sufficient guarantees as to the technical and organizational security measures for the processing of personal data.
2. Processing of personal data
2.1. The use of the Site, the access to some of its sections and/or any request for information or services from the Users of the Site may lead to the communication of personal data. The processing of such data by CHARLES CAPRON, as the Data Controller, and/or by the service providers acting in the name and on behalf of CHARLES CAPRON, will be in accordance with the Law and the RGPD Regulation.
2.3 Personal data will be processed mainly in an automated way, with procedures strictly related to the purposes mentioned in point 3.
CHARLES CAPRON is committed to ensuring that the personal data of the Users is treated with the utmost security and confidentiality and takes adequate measures to prevent the loss, misuse, alteration and deletion of such personal data.
2.4. CHARLES CAPRON also collects certain personal data from Users in order to recognize them and to offer them an optimal, quality and personalized user experience. This collection also allows us to correct possible errors on the Site. The information collected concerns the User’s connection (IP address, geographical area, day and time of consultation, services consulted and/or used, etc.) as well as the device from which the connection is made.
2.5. Any lack, partial or inaccurate information on personal data, marked with an asterisk, and therefore necessary for the execution of the requested service, makes it impossible. On the other hand, any lack of, partial or inaccurate information on optional personal data is without consequence.
3. Purposes of the processing of personal data
Users’ personal data are processed to enable the processing and delivery of orders placed on the Site.
4. Personal data that may be processed
The information Users provide when filling out forms or creating their customer account is collected and processed. This information may include Users’ name, gender, height, address, e-mail address and telephone number.
The User has the right to withdraw consent at any time. Withdrawal of consent does not affect the lawfulness of the processing already carried out, based on the consent given prior to such withdrawal. The exercise of this right can be done electronically at the following address email@example.com or by ordinary mail at the following address CHARLES CAPRON SASU, 3 rue Raoul Nordling, 92200 Neuilly sur Seine – France
6. Duration of the storage of personal data
In accordance with the legal requirements imposed by the Law and the RGPD Regulation, CHARLES CAPRON keeps the Users’ personal data only for the time reasonably necessary to achieve the purposes for which they are processed.
7. Communication of Users’ personal data for internal purposes
7.1. Personal data may be transmitted to employees or collaborators of CHARLES CAPRON who, operating under the direct authority of CHARLES CAPRON, are appointed as data processors or subcontractors of such data and receive the appropriate operational instructions. Personal data may also be brought to the attention of employees or collaborators of the data controllers if the latter, appointed by CHARLES CAPRON, so decide and provided that such data is processed in accordance with the purposes pursued.
7.2. CHARLES CAPRON shall ensure that its subcontractors, employees or collaborators guarantee the same level of protection as CHARLES CAPRON and shall ensure that such subcontractors, employees or collaborators process personal data only for the purposes authorized by the purposes pursued, with the required discretion and security.
7.3. The personal data directly communicated by the Users by filling in the online forms may be communicated and processed by external service providers acting in the name and on behalf of CHARLES CAPRON.
7.4 The data will not be transferred to a country outside the European Union.
8. Rights of the Users
8.1. CHARLES CAPRON guarantees a fair and lawful treatment of the Users’ personal data.
8.2. CHARLES CAPRON guarantees the User a right of access to his personal data.
In accordance with Article 15 of the GDPR Regulation, the User has the right to obtain from CHARLES CAPRON the following information (but not exhaustive) concerning his personal data:
1. the purposes of the processing ;
2. the categories of personal data concerned;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients who are established in third countries or international organizations;
4. where possible, the period of time for which the personal data will be kept or, where this is not possible, the criteria used to determine this period
5. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation and, where applicable, at a minimum, useful information regarding the underlying logic, as well as the significance and intended consequences of such processing for the data subject.
8.4. CHARLES CAPRON guarantees the right to limit the processing.
The User has the right to obtain the limitation of the processing of his/her personal data in the cases listed in Article 18 of the GDPR Regulation.
8.5. CHARLES CAPRON guarantees the right to data portability.
In accordance with Article 20 of the RGPD Regulation, Users have the right to receive from JACQUEMUS personal data concerning them in a structured, commonly used and machine-readable format. They also have the right to transmit such data to another data controller, without CHARLES CAPRON being an obstacle in the cases provided for by the RGPD Regulation.
8.6. CHARLES CAPRON guarantees the right to object to the processing of data
The User has the right to object to the processing of his/her personal data at any time, when there are compelling and legitimate reasons relating to his/her particular situation. In this case, CHARLES CAPRON will no longer process the personal data, unless there are compelling legitimate grounds for the processing that override the interests and rights and freedoms of the User, or for the establishment, exercise or defense of legal claims.
8.7. CHARLES CAPRON guarantees the right to make a complaint
The User has the right to make a complaint concerning the processing of his personal data by CHARLES CAPRON to the Commission National de l’Informatique et des Libertés, the competent body for the French territory.
8.8. The User may, at any time, exercise the rights mentioned above by sending an electronic message to the following address firstname.lastname@example.org or by ordinary mail to the following address CHARLES CAPRON SASU – 3 rue Raoul Nordling – 92200 Neuilly sur Seine / FRANCE.
9. Limitation of responsibility of the data controller
The Website may contain hypertext links to websites controlled and operated by third parties not related to CHARLES CAPRON. In this case, CHARLES CAPRON cannot be held responsible for the content of these sites, nor for the personal data protection practices of these third parties.
CHARLES CAPRON cannot be held responsible for the loss, corruption of data or identity theft, which may be caused in particular but not limited to, by the presence of viruses or computer attacks.
10. Modalities of modification of the User’s data
The User may, at any time, modify the data provided by sending an electronic message to the following address email@example.com or by ordinary mail to the following address CHARLES CAPRON SASU – 3 rue Raoul Nordling – 92200 Neuilly sur Seine / FRANCE.
Cookies are used on the site to improve the User’s experience.
The cookie identifies the User’s computer and allows the site to remember his personal settings. Cookies are also used for statistical purposes.
The User can set his or her browser to know when a cookie is about to be activated. This allows the User to reject the use of the cookie or to have the browser delete the cookie at the end of the visit to the site. The online store cannot be used if cookies are rejected.
Once logged in, a user ID will be assigned to the User, which allows for anonymized internet tracking across multiple devices (tablet, desktop, phone, etc).
No personal data is collected or connected to the user ID and the User may object to the use of such cookies or by sending an email to the following address: firstname.lastname@example.org .