Terms And Conditions
These terms and conditions define the rights and obligations of the parties involved in the sale of products on the website www.couleur-chanvre.com between the buyer (the customer) and the seller, the 'La Société la Route du Chanvre', named 'Couleur Chanvre', a joint stock company with capital of 40,000 euros entered on the Bayonne Trade Register under number 753 106 954, whose headquarters is located at: Le Jalday, 202 rue des Artisans, 64500 St Jean de Luz. Any order for a product on the website requires the consultation and express acceptance of these terms and conditions. For the application of these terms and conditions, the terms listed below will have the following meanings:
- the customer: the customer refers to the buyer, as identified during the opening of a duly completed customer account.
- Couleur Chanvre: 'La Société la Route du Chanvre'
1.1 subject
The purpose of these terms and conditions is to define, exclusively due to the relationships they establish on the internet, the rights and obligations of the parties arising from the online sale of products offered on the site. These conditions regulate all necessary steps in order placement and ensure the monitoring of this order between the parties. These conditions apply to the exclusion of any other document. Couleur Chanvre reserves the right to change their terms and conditions at any time.
1.2 Information and description of the products
The essential characteristics of the product features on the website (sizes, composition etc.). The photographs and any other information are not contractual, which the customer accepts. Couleur Chanvre shall not be liable for any inaccuracies or errors that they may contain. Only the information on the product record is valid between the parties, it being noted that this information may be updated or withdrawn by Couleur Chanvre at any time, notably in the case of a modification or withdrawal from sale following diminished stock or on our own initiative. All information and recommendations for the products feature on the website. Consequently, it is the customer's responsibility to ask for any additional advice or information.
2. Creating a Customer Account
From the first order, the customer must create a 'customer account' providing a username and password. This password is strictly confidential and must not be communicated under any circumstances. The customer agrees to provide accurate and honest information when required. The customer guarantees that they are fully authorised to use the bank card and that this bank card has access to sufficient funds for buying the agreed products. It is noted that only persons that are legally capable of signing contracts for the goods proposed on the website can make orders on the website.
3. Orders
3.1 Order Record
if the customer wishes to make an order, they shall choose the different products that they are interested in and shall show this interest by clicking on 'add to my basket', at this point the customer shall be able to:
- access a summary of the products they have chosen, by clicking on the basket
- continue with or edit their chosen products by clicking on 'continue your purchase'
- finish their product selection and order the products by clicking on 'order'.
to order the products that they have chosen, after clicking on 'confirm my basket', customers must login by providing the email address and password that they previously chose when creating their account, or if it is their first order, by clicking on 'if this is your first order click here'. In the last case, the customer must accurately fill in the form provided, notably the necessary login information and first name, surname and postal address. Furthermore, the customer shall provide their email address and a password of their choice that shall be personal and confidential and which shall be used to login into the website in the future. The customer declares that they have read and irrevocably agreed to these here terms and conditions before proceeding with their order. Confirmation of the order shall therefore constitute acceptance of these terms and conditions. The customer is informed and accepts that they must use the two login details to prove their identity and give consent. Once a customer has logged in, they shall validate the delivery address (as outlined in Article 3.2 below) and then an order form shall appear on screen, with a summary of: the type, quantity and price of the products chosen by the customer, a total cost of the order, shipping, the customer's details, and the delivery address for the products. Couleur Chanvre notes that it shall only cover communication costs if the customer wishes to communicate the outcome of the order, to exercise their right of withdrawal or to make a claim on the guarantee, excluding any specific additional cost.
Special offers
To benefit from a special offer that has been sent to them, the customer must enter and validate their 'special offer code', in the field provided on the basket page of the website. Depending on the type of special offer, it shall appear on the basket page either as a gift or at step 3 if the offer is subject to shipping costs. At any time, the customer can obtain information about their order by contacting Couleur Chanvre:
- by filling out the form on the 'contact' page of the website
- by telephoning 05 59 47 34 59
- by post to Couleur Chanvre: 'service client' (customer service) - Le Jalday, 202 rue des Artisans, 64500 St Jean de Luz
- or by logging into the 'my account' area of the website to track the order
3.2 Order Confirmation
after being notified of the order status, and once all required information has been provided by the customer, a summary of this information and of the order shall appear, and the customer must, to access the secure payment site, click on the type of card they wish to pay with to definitively confirm the order. The customer must then provide their bank card number, its expiry date and visual cryptogram (the last 3 figures on the back of the card).
Please note that by making an immediate bank card payment, the customer shall be automatically directed to the payment server of the secure payment platform (hereafter called 'the bank'). The bank server is securely encrypted with s.s.l. (secure socket layer) to protect all data linked with the payment methods as effectively as possibly, and to ensure that at no point the customer's bank details are sent through the Couleur Chanvre computer system. Therefore they cannot be held responsible.
Once the payment has been confirmed, the order is recorded and is irrevocable. The customer becomes the buyer. The order form shall be recorded on the Couleur Chanvre data records, that are stored on a reliable and durable medium and shall be considered as proof of the contractual relationship entered into by the parties.
In compliance with Article 10 below, the buyer has the right to withdraw from the sale and be reimbursed, during a period of fourteen (14) working days from the date that they receive the purchased goods.
3.3 Order Confirmation
An order summary shall be provided once the order is confirmed.
This confirmation will bring together all of the constitutive aspects of the contract entered into by the parties.
The customer will then have access to 'track your order' by clicking on 'my account', logging in using their email address and password in accordance with Article 1316 of the Civil Code, the customer recognises that any email sent to Couleur Chanvre has the equivalent binding nature as if it were written on paper.
The data automatically recorded on the Couleur Chanvre computer servers shall constitute proof of the transactions concluded with the customer and notably the type, date and content of the order.
3.4 Gifts
The customer can send gifts to their friends via the website. The order procedure is the same as that for personal purchases. The Couleur Chanvre website allows the customer to write a personalised message to the recipient of the gift. This message shall appear on the documentation that is sent with the delivered goods.
Couleur Chanvre guarantees that the price of the gifted item shall not appear on the documentation that is sent with the delivered goods.
The recipient of the gift, is also subject to all of the guarantees outlined in Article 10 below.
4. Price
The prices are indicated in euros. They also include possible French VAT reductions, applicable on the day of the order. The prices indicated on the website are guaranteed on the day of the order within the limit of available stock, except for significant changes to charges in particular VAT, and except for any typography error or omission. The prices indicated do not include shipping costs, which will be charged additionally and will be indicated to the user during the final order confirmation. Couleur Chanvre reserves the right, which the user accepts, to change its prices at any time but the products will be billed on the basis of the prices in force at the time the order is recorded, provided that the relevant products are available.
5. Product Availability
Offers are valid subject to product availability, unless it is specified by Couleur Chanvre that the product is in stock. If the item ordered is not available, a note shall appear indicating the lack of stock and when it will be restocked. Couleur Chanvre:
- shall send the other item(s) in the order that are available once the user's order has been received,
- shall inform the user of this by email, as soon as possible, at the latest when the order is shipped.
If a product ordered is not available, the customer shall be informed by email or telephone and may cancel their purchase and request a refund. The refund must be requested by the customer by registered letter with acknowledgement of receipt. Couleur Chanvre shall undertake to do everything it can to reimburse the customer as soon as possible and at the latest 30 days from the receipt of the aforementioned letter.
6. Payment Methods
All of our payment methods are specified on the delivery page of the website. Unlike the majority of brands, we create, make and distribute without using intermediaries. Therefore, we calculate our costs, offering fair prices so you can benefit from our research, quality standards and the commitment of every one of our supply partners. We reserve the right to change these prices at any time without notifying our customers. The prices are regularly updated on the website.
Payment shall be made, unless the server is not available, immediately via the internet, using a payment card issued in France or a payment card issued outside of France by Visa, Eurocard/Mastercard or American Express. (other payment cards and payment using paypal are not accepted).
In any case, Couleur Chanvre reserves the right to refuse any order or delivery if (i) there is an existing dispute with the customer, (ii) the customer has not paid for a previous order in full or partially, (iii) the bank refuses to authorise the bank card payment, (iv) there is full or partial non-payment. Under no circumstances may Couleur Chanvre be held liable.
The bank card transaction, carried out between the customer's computer and the Atos origin secure system, Couleur Chanvre's online payment partner, is fully encrypted by ssl (secure socket layer) and protected.
7. Delivery and Customer Receipt of the Product
The delivery deadline for the products is specified in the delivery confirmation sent to the customer. Couleur Chanvre shall do everything it can to ensure that the order is shipped within an average time of one (1) to five (5) working days following the date on which the customer confirmed the order.
Shipping costs include preparation, packaging and franking costs.
If the products ordered have not been delivered within seven days of the delivery deadline, except in cases of force majeure such as a postal workers strike, the customer may request, by registered letter with acknowledgement of receipt, the contract to be rescinded and to be reimbursed within thirty days at the latest from the rescission of the contract.
Postage is carried out by by Colissimo suivi. Shipment by Colissimo suivi access. The package is posted through the letter box of the recipient. If the package does not fit through the letterbox, a notification card will be left. Package delivery may require a signature from the recipient if the order is worth a significant amount. If nobody is in to receive it, a notification card is posted through the recipient's letterbox. From the date stated on the notification card, the recipient has 15 days to retrieve the package from their post office. You can track your package on our website in your 'customer area' or at www.laposte.fr/colissimo by providing the package number that was received by email with the order confirmation.
Anomalies:
if the customer states that packages are missing or that they have been damaged or opened, they or any other authorised party that accepted the package (security guard, family member or neighbour etc.) must write the words 'réserves manuscrites' (handwritten reservations) on the Colissimo delivery slip and sign or refuse the delivery. Equally, the customer must confirm the anomaly by sending a registered letter with acknowledgement of receipt to the postal service, specifying the concerns, within two (2) working days following the delivery date. The customer must also send a copy of this letter to Couleur Chanvre by email or post.
Late Delivery/Non Delivery:
Colissimo and Chronopost are very reliable services. However, as with any post, there may be a delay in delivery or the product may get lost. In case of late delivery (over 11 days from when the order was shipped by Colissimo), the customer must inform Couleur Chanvre's customer service. This may be done by telephoning 05 59 47 34 59, or emailing info@couleur-chanvre.com. Couleur Chanvre shall send the information to the postal service to open an enquiry. This enquiry may last up to 21 days from opening. If during this period, the product is found, it shall be immediately redirected to the customer's address (in the majority of cases). If, however, the product is not found within the enquiry period of 21 days, the postal service shall consider the package to be lost. In this case, Couleur Chanvre shall send a replacement product, at their own expense. If the lost product(s) are not available at that time, Couleur Chanvre will reimburse you the total amount for these products. Couleur Chanvre is not responsible for the postal service's delays in delivery, especially in the case of loss or strike.
Returns:
to be accepted, any return must be notified in advance to Couleur Chanvre's customer service. The buyer must write on the 'bon de retour' (return slip), the possible anomalies noted (damage to the package and/or product). Products must be returned in perfect condition, complete (accessories, notices, guarantee etc.), or in the state indicated on the return slip along with a copy of the documents attached to the order (delivery note and bill).
If your parcel is returned by the courier because the address was entered incorrectly, you will be charged a €7 redispatch charge to have your order resent.
If you refuse a parcel without telling us that you wished to cancel your order, we will deduct €10 off your refund, to cover the return cost charged by the courier.
If the returned product(s) are refused because they do not fulfil the aforementioned conditions, the parcel will be returned to you and you will be charged for the costs of resending.
Reimbursement Methods:
any reimbursement in accordance with the current terms and conditions shall be sent by cheque (excluding delivery costs).
8. Property Transfer
The customer shall own the product after complete payment of the price. During the period following delivery (signing the delivery note) the transfer of property, risks (loss, theft etc.) and the damage caused to the product are the customer's responsibility. Couleur Chanvre reserves the right to refuse any order from a customer with whom there is a dispute (insolvency, non-payment, bad faith etc.).
9. Responsibility
The Couleur Chanvre website is only bound by an obligation of due diligence, for all stages of access to the site, order processing, delivery or after-sale services. The website cannot be held responsible for inconveniences or inherent damages of using the internet network, notably interruption of service, outside intrusion or computer virus. Couleur Chanvre cannot be responsible for the total or partial non-performance of its obligations under this contract, if this has been caused by an event that constitutes force majeure, notably in the case of disruption or total or partial strike of the postal services or modes of transport and/or communication, flood, fire, and generally, in the case of an event outside of its control. During the period of a force majeure, the parties agree that they shall communicate as quickly as possible to determine together how the order shall be completed. After a period of one (1) month of interruption due to a force majeure, if Couleur Chanvre cannot complete the order, they shall reimburse the customer at their own expense, within a period of thirty (30) days.
As a professional company, Couleur Chanvre is responsible as of right in respect of the customer for ensuring the performance of obligations arising from the contract concluded at distance, whether these obligations are performed by Couleur Chanvre who has concluded the contract or by other service providers, without prejudice to its right to appeal against them. Couleur Chanvre may be wholly or partly exonerated from its liability by providing proof that the non-performance or poor performance of the contract is attributable, either to the customer, or an unforeseeable or unavoidable event, of a third party to the contract or to a case of force majeure.
10. Guarantees
In accordance with Article l 121-16 of the Consumer Code, the customer has a period of fourteen (14) working days to return the product(s) that they have ordered at their expense, if for one reason or another the product(s) is/are not satisfactory. This period starts from the day the product(s) is/are received. Only products that have not been worn or washed and that are returned with their tags and labels intact, will be accepted by Couleur Chanvre. The product(s) must be returned in the same condition and in their original packaging to the following address: Couleur Chanvre, Le Jalday, 202 rue des Artisans, 64500 St Jean de Luz.
Returned products must be accompanied by a duly completed return slip attached to the package. If the aforementioned conditions are fulfilled, Couleur Chanvre shall reimburse the customer the amount paid, within a period of thirty (30) days from the date Couleur Chanvre receives the package (the customer's postage date acts as notification to Couleur Chanvre that the customer is exercising their right to withdrawal).
Faulty Product: If, despite Couleur Chanvre's utmost care in preparing orders, one of the products becomes faulty, the customer will have a period of fourteen (14) days from the delivery date to return the faulty product for an exchange or reimbursement. In order for this request to be dealt with as soon as possible, any defect must be clearly noted on the return slip attached to the order. The package along with the duly completed return slip must be returned to the following address: Couleur Chanvre, Le Jalday, 202 rue des Artisans, 64500 St Jean de Luz.
Any claim submitted after the period of seven days shall be rejected and Couleur Chanvre shall be released from any responsibility. If the aforementioned conditions are fulfilled, Couleur Chanvre shall then proceed with the exchange or reimbursement of the faulty product(s), within a period of thirty (30) days from the date the package is received by Couleur Chanvre.
11. Intellectual Property
The website www.couleur-chanvre.com is an intellectual work protected by intellectual property laws. The website and every part of it (images, logos, music, database etc.) are the exclusive property of Couleur Chanvre and/or any third party that has been accepted as having full or partial rights.
Any reproduction or representation, whole or partial, of the website or one of its constitutive elements, is forbidden as is any alteration.
12. Personal Data
Except in the case where the customer has ticked the relevant box on the website, Couleur Chanvre agrees not to communicate any personal information provided by customers to third parties, making it strictly confidential. The customer is informed that customer's personal data is used by Couleur Chanvre's internal services, and its partners for the following uses: processing their order, reinforcing and personalising any communication notably by informative letter or email as well as personalising the website according to the customer's stated preferences, marketing activities for similar products or services provided by Couleur Chanvre. In accordance with the Law of 6 January 1978, every user has the right to access and rectify their personal data as well as a right to opposition. These rights can be exercised by writing to the following address:
Couleur Chanvre, Le Jalday 202 rue des Artisans 64500 St Jean de Luz France
Finally, Couleur Chanvre is prohibited from selling, marketing or renting their customer's personal information to any other person, without the customer's express agreement. However, this Article may not prevent the transfer of the customer list or activities to a third party.
Hit Counters
Some pages on the website may contain digital images or 'hit counters', that count the number of visitors to the page. These web counters may be used with some of our partners, in order to measure and improve the visibility of some pages. In all cases, the information obtained by these counters is strictly anonymous and simply allows us to gather statistics on who is visiting certain pages on the website, with the aim of improving the website's service to users.
13. Governing Law and Jurisdiction
These terms and conditions are governed by French law. In the event of a dispute, the customer shall contact as a priority the Couleur Chanvre customer service department in order to achieve an amicable solution that shall be sought before any legal action. If an amicable solution cannot be found, the Bayonne courts shall be the only competent bodies able to recognise any litigation between the parties, notably in the formation, performance, interpretation, termination or rescission of the contract and including for protective measures, emergency proceedings, appeals, third party proceedings, petitions or multiple defendants.