The purpose of these Terms and Conditions is to define the rights and obligations of COMPAGNIE COLONIALE and of the consumer purchasing products offered for sale by COMPAGNIE COLONIALE on its website, www.compagnie-coloniale.com (hereinafter “the Website”). They apply exclusively to COMPAGNIE COLONIALE, 717 Rue de la Gare 86130 Dissay, Siret: 519 428 312 000 28 (hereinafter “COMPAGNIE COLONIALE”) and any private individual, who visits or makes a purchase from the aforementioned Website (hereinafter “the Customer”).
On the Website, the Customer may place an order for COMPAGNIE COLONIALE brand products (hereinafter “the Product(s)”) in compliance with the Terms and Conditions.
By placing an order with COMPAGNIE COLONIALE, the Customer agrees to be bound by these Terms and Conditions. COMPAGNIE COLONIALE reserves the right to modify these Terms and Conditions at any time and without prior notice. The Terms and Conditions in force at the time of the Customer’s order will apply.
The Terms and Conditions may be consulted at any time at the following address:
2. PRODUCTS AND CONFORMITY
2.1. The Products offered for sale are presented on the COMPAGNIE COLONIALE website and accompanied by product descriptions.
2.2. The Products offered for sale by COMPAGNIE COLONIALE conform to applicable French standards.
The Customer acknowledges that any photos, texts, graphics or other such elements, as well as any other information or specifications pertaining to the Product(s) are not legally binding. As a result, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors or omissions, or if the aforementioned elements have been modified by suppliers and/or the publisher.
3. CUSTOMER OBLIGATIONS
3.1. The Customer certifies that he/she is at least 18 years old and is legally entitled to place an order on the Website, or has the necessary parental authorisation to do so.
3.2. The Customer undertakes to communicate to COMPAGNIE COLONIALE all the information required to deliver the service which is the subject of these Terms and Conditions, as requested on the Website and depending on the Customer’s personal situation, notably his/her surname, first name, address, telephone number and a valid E-mail address.
The Customer is responsible for any consequences that result from transmitting false or inaccurate information, or information used unlawfully.
3.3. The Customer can modify his/her personal data in the “My Account” section of the Website.
All orders are subject to availability.
4.1. Orders will only be confirmed after payment has been received.
4.2 COMPAGNIE COLONIALE reserves the right to cancel or to refuse any order in case of a dispute with the Customer about a previous order.
4.3. COMPAGNIE COLONIALE will accept orders subject to availability. It will inform the Customer about the availability of the Products sold on the Website when the order is confirmed.
If, and notwithstanding the vigilance of COMPAGNIE COLONIALE, the Products are unavailable, COMPAGNIE COLONIALE will inform the Customer by E-mail at the earliest possible date. The Customer will then be able to cancel the order and obtain a refund, where appropriate, of any amounts already paid.
COMPAGNIE COLONIALE cannot be held liable for the temporary or permanent unavailability of Products and the Customer shall not be entitled to any compensation or damages in this respect.
5.1. Prices on the Website are quoted in Euros and include all applicable French taxes (French VAT and any other applicable taxes). Prices do not include delivery costs, order processing charges and cost of packaging.
The Customer will be notified of delivery costs, order processing charges and cost of packaging in their basket before the order is finalised.
COMPAGNIE COLONIALE reserves the right to modify prices at any time, notably in case of changes to tax regulations or the economic situation. The price applicable to your order will be the price at the time when your order is accepted.
6.1. COMPAGNIE COLONIALE delivers its Products to France and to all the countries in the European Union. It can deliver to any other country upon request.
The Products are dispatched with an accompanying delivery note to the delivery address indicated by the Customer at the time of ordering. We are currently unable to deliver to hotels, or to PO boxes. Delivery times indicated on the Website are for information only. They correspond to the average time required to process and deliver the order and, as such, are not legally binding. In order to help us to respect the estimated delivery time, the Customer must make sure that the delivery address provided is accurate and complete (notably the telephone number, street number, building or stair number, entry code, name/number on interphone etc).
If the delivery is delayed by more than 7 working days, provided that the Product has not been dispatched the Customer may cancel the order by sending a letter recorded delivery requesting reimbursement of the order in question. If the article has already been dispatched before the aforementioned letter has been received, COMPAGNIE COLONIALE will reimburse the article(s) in question and the shipping costs for both delivery and return once the article(s) has been returned in its original packaging and perfect condition.
COMPAGNIE COLONIALE undertakes to keep the Customer informed of the progress of his/her order.
Upon delivery, the Customer must inspect the packaging for damage. Should packages be damaged, already open or have missing Products etc, the Customer must notify by any appropriate means both the carrier and COMPAGNIE COLONIALE of any reservations within three (3) days of receiving the Product(s).
COMPAGNIE COLONIALE cannot be held liable if a delivery is delayed for reasons beyond its reasonable control.
6.2. Delivery charges:
Orders are prepared and dispatched within 48h of the order being placed (Saturdays, Sundays and bank holidays excepted).
Delivery by Colissimo suivi (tracked parcel service) in 48h/72h: 6 € (incl tax)
Free delivery on orders of 50 € and over (France only).
FOR OTHER COUNTRIES, PLEASE CONTACT US FOR A SHIPPING QUOTE.
Payment must be made in full at the time of ordering. Any sums paid cannot be considered as advance payments or part payments. COMPAGNIE COLONIALE accepts all major credit and debit cards (Visa, Eurocard/Mastercard). Payment may also be made by Paypal, cheque or bank transfer in accordance with the provisions of this article.
For each transaction, the Customer provides his/her card details: the card number, expiry date and CVV (the 3-digit security code on the back of the card).
By providing the number of the bankcard, the Customer duly authorises COMPAGNIE COLONIALE to debit the corresponding account.
Cash on delivery is not an accepted payment method.
Title to the Goods shall not pass to the Customer until COMPAGNIE COLONIALE has received payment in full. Payment on the COMPAGNIE COLONIALE Website is secure. For payments by credit or debit card, the Customer provides information to guarantee the conformity of the transaction; this data is protected during transmission and the whole process is secure.
8. RETURN AND EXCHANGE POLICY
RIGHT OF WITHDRAWAL
The Customer is entitled to request the return or exchange of the Product(s) within seven (7) days from receipt of the order. The Customer must first notify COMPAGNIE COLONIALE by e-mail: firstname.lastname@example.org.
If the return is accepted by COMPAGNIE COLONIALE, the Customer returns the Products(s). All return shipping costs are to be paid by the Customer.
Any return or exchange is at the Customer’s own risk. The Product must be returned within one (1) week in its original packaging and condition, new, unopened and unused, together with the return slip to the following address:
717 RUE DE LA GARE
If the Product(s) is not returned by the customer within seven (7) days from the date of receipt of the order, or if the Product(s) is not returned in the state described above, the return is considered void and the customer must keep the product.
COMPAGNIE COLONIALE will reimburse returns within fifteen (15) days from receipt. The Customer’s account will be credited with the corresponding amount
Unless the Product(s) received was damaged or different to the one ordered, return shipping is at the customer's expense.
If the Customer fails to comply with these Terms and Conditions, notably the aforementioned return and exchange policy, COMPAGNIE COLONIALE will not refund the Product(s) concerned.
9. WARRANTIES AND RESPONSIBILITY
By accessing or using the Website, the Customer acknowledges that COMPAGNIE COLONIALE only has an obligation of means and cannot be held liable for any harm inherent in using the Internet. To the extent permitted by law, COMPAGNIE COLONIALE will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
10. INTELLECTUAL PROPERTY
No part of the Website may be copied, downloaded or modified and in particular its content (listed products, descriptions, images, videos etc).
This Website or any part thereof may not be reproduced, copied, sold or exploited for commercial purposes without the express prior written consent of COMPAGNIE COLONIALE.
More generally, all copyright, trademarks and other distinctive marks and property rights or intellectual property featured on the Website belong solely to COMPAGNIE COLONIALE.
The Customer therefore undertakes to respect these intellectual property rights and may under no circumstance use any of the trademarks displayed on the Website and on the Products, or seek to file a trademark to the prejudice of the owner of such rights in the absence of contractual agreement to the contrary.
Such provision shall apply equally to all other intellectual property rights.
11. DATA PROTECTION
COMPAGNIE COLONIALE undertakes to only use the Customer’s confidential information for the purposes of operating the Website.
The Customer acknowledges that in order to process the order, any personal data collected will be processed: to this end, personal information relating to the Customer may be transmitted to service providers.
Moreover, COMPAGNIE COLONIALE reserves the right to collect non-personal data regarding visitors to the Website in order to improve its features and functionality, for example by tracking the number of visitors to certain pages.
In accordance with the law of 6 January 1978 as amended by the law of 6 August 2004, the Customer has the right to access and rectify his/her personal data stored by COMPAGNIE COLONIALE. Requests must be sent by email to email@example.com, or by post to the following address: COMPAGNIE COLONIALE, 717 Rue de la Gare, 86130, Dissay. This electronic data processing has been the subject of a declaration to the Commission Nationale de l’Informatique et des Libertés, which issued an acknowledgment of receipt No.190038 v0 dated 28/10/2015.
12. FORCE MAJEURE
In the event of force majeure, the party concerned shall inform the other party by recorded delivery within fifteen (15) days from the occurrence of the event.
It is explicitly agreed that, other than those which are normally accepted by French courts and tribunals, the following shall be considered as cases of force majeure: all strikes, whether total or partial, lock-outs, riots, boycotts or other industrial action and commercial disputes, civil unrest, insurrection, war, storms, epidemics, governmental or legal restrictions, changes to the law or sales regulations, computer breakdown, blocking of networks and communication systems, including both wired and wireless networks and any other event beyond the control of the parties that prevents normal execution of the contract.
All obligations of the parties will be suspended throughout the duration of the event of force majeure, without giving rise to any right to compensation.
Should the event of force majeure continue for more than three (3) months, either party may terminate the contract, such termination not giving rise to any compensation.
13. GENERAL PROVISIONS
If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
COMPAGNIE COLONIAL reserves the right to modify these Terms and Conditions at any time and without prior notice. The Terms and Conditions in force at the time of the Customer’s order will apply.
The Terms and Conditions may be consulted at any time at the following address: http://compagnie-coloniale.com/fr/content/3-Conditions-utilisation
13.3. GOVERNING LAW – JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of France in regards to both substance and form. The parties shall first attempt to settle any dispute amicably.
In the absence of any amicable settlement, the competent courts of France shall have jurisdiction over the dispute, regardless of the existence of more than one defendant or third-party complaints.
13.4. EXTRACTS OF APPLICABLE LEGISLATION (ORDINANCE 2005-136 DATED 17 FEBRUARY 2005, CONSUMER CODE, CIVIL CODE)
Article L.211-4 of the Consumer Code
The seller is required to deliver a product that conforms to the contract and is held liable for any lack of conformity that exists upon delivery. The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller is deemed responsible in the terms of the contract or it was carried out under the seller’s responsibility.
Article L.211-5 of the Consumer Code
- To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the Customer in the form of a sample or model;- have the features that a Customer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the Customer which was made known to the seller and which the latter agreed to.
Article L.211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Art.1641 of the Civil Code
The seller is bound to the warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the Customer would not have acquired it, or would only have given a lesser price for it, had the Customer known of them.
Article 1648 of French Civil Code
Action resulting from material defects must be taken by the Customer within a period of two years from the date the defect was discovered.
You can contact COMPAGNIE COLONIALE by telephone - +33 (0)5 49 62 82 10 – or by E-mail at: firstname.lastname@example.org