Terms of sales
The company YPN, operating under the trade name "Coltesse", is a simplified joint stock company with a share capital of € 4,216 whose head office is located at 6, rue Gaston Couté - 75018 Paris, registered with the Paris Trade and Companies Register under number 802 833 541, and whose VAT number is FR44802833541 (the "Company").
The Company's business is the creation, manufacture, production and marketing of fashion items (clothing and accessories). The remote and electronic marketing of the aforementioned goods is ensured through the website www.coltesse.com , on which all the goods offered for sale online appear.
Article 1 - Definitions
For the interpretation and execution of these general conditions of sale, the terms and expressions used will have the meaning given to them below:
- 1.1. "Item(s)" : the item(s) that were the subject of the Order, among the products offered for sale on the Site;
- 1.2. "Customer" : any user of the Site who places an Order on the Site;
- 1.3. "Order": request for delivery of an Item carried out regularly, in accordance with these General Terms and Conditions of Sale;
- 1.4. "General Conditions of Sale" : this contract, the object of which is to govern the contractual relations between the Seller and the Customer;
- 1.5. "Basket" : section of the Site which recapitulates the Item (s) selected by the Customer in order to place his Order;
- 1.6. "Site" : the online sales site www.coltesse.com used by the Seller for the delivery of the Items;
- 1.7. "Company" : refers to the company YPN, operating under the trade name "Coltesse", a simplified joint-stock company with a share capital of € 4,216 whose head office is located at 6, rue Gaston Couté - 75018 Paris, registered with the Trade and Companies Register. Paris companies under number 802 833 541;
- 1.8. "Seller" : the Company selling its Items through the Site.
Article 2 - Purpose
The purpose of these General Conditions of Sale is to define the rights and obligations of the Customer and the Seller in the context of Orders placed by the Customer relating to Items offered for sale by the Seller through his Site.
Article 3 - Scope
These General Terms and Conditions of Sale are applicable to all sales of Items concluded remotely through the Site between the Seller and any Customer acting as a consumer, within the meaning of law and jurisprudence, and exclusively for his own account.
The General Conditions of Sale applicable to the aforementioned transactions are those in force on the date of the Order. In the event of modification of the said General Conditions of Sale, the new General Conditions of Sale will apply exclusively to Orders placed after their modification.
If any of the provisions of these General Conditions of Sale is canceled, this nullity does not result in the nullity of the other provisions, which remain in force.
The Seller reserves the right not to follow up on Orders which are concluded in violation of these General Conditions of Sale.
Article 4 - Acceptance
The Seller makes the General Conditions of Sale available to the Customer in a readable and understandable manner, in accordance with the provisions of Articles L.111-1 and L.111-2 of the Consumer Code. Access to said General Conditions of Sale, as well as to their conservation and reproduction, is direct, permanent and easy, in accordance with the provisions of article 19 of law n°2004-575 of June 21, 2004 for confidence in the digital economy. In particular, they are accessible from all the pages of the Site by clicking on the "GTC" button.
The Seller remains committed to his offer as long as it is accessible electronically by his own doing.
When placing any Order, the Customer acknowledges having read these General Conditions of Sale and accepting them without reservation. Said Order is validated by the "double click" process, which constitutes irrevocable acceptance of the General Conditions of Sale.
The contract will be concluded definitively between the Seller and the Customer when the Customer has materially reiterated the acceptance of the contract by the double click process.
Article 5 - Ordering Articles on the Site
5.1. Selection of Articles
The Customer selects on the Site the nature and quantity of the Items he wishes to order. These Items are then automatically added to his Basket.
The Customer can freely modify his Basket, and in particular remove Items that he has added to his Basket or add some, or even modify the quantity.
The Basket indicates to the Customer the selected Item (s), their quantity and their price. Once the selection of the desired Items is complete, the Customer validates the contents of the Basket by clicking on the "Next" button.
The Customer must then identify himself, or create his account if necessary, in order to proceed to the next step.
5.2. Order form
In order to place his Order, the Customer must follow the instructions on the Site and complete the Order form. In the event of prolonged inactivity, the current Order may no longer be guaranteed. The Customer is then invited to repeat the steps for completing the Order.
The Order form summarizes the essential information of the Items (nature, quantity, price).
Before irrevocably validating his Order, the Customer is invited to check:
- the details of his Order;
- any price reductions;
- the chosen payment method;
- the chosen delivery method;
- the total price.
The Customer is invited to correct any possible error.
5.3. Confirmation of the Order by the Customer
The Customer confirms the Order including the following summary elements:
- general information on the contract (name and contact details of the Customer, delivery costs, terms of payment, delivery or performance);
- information on the conditions and modalities for exercising the right of withdrawal;
- address of the Company to which the Customer can present his complaints;
- information relating to after-sales service and commercial guarantees.
The Customer can modify his Order at any time until payment.
5.4. Electronic acknowledgment of receipt
After validation of the Order by the "double click" process, the Customer immediately receives an electronic acknowledgment of receipt of the Order confirming his Order, and containing a summary of the information already present in the Order form.
5.5. Availability of Items
The Order is irrevocably validated upon payment by the Customer, subject to the availability of the Item (s) ordered. In the event that an ordered Item is unavailable, the Seller undertakes to inform the Customer by email; the Order is then automatically canceled and the Customer is immediately refunded.
5.6. Retention of information by the Seller
The order form is archived and kept by the Seller for the time necessary for processing and shipping the Order and in accordance with legal deadlines.
In accordance with the provisions of article L.134-2 of the Consumer Code, the Seller keeps all information relating to Orders for an amount greater than or equal to € 120 for a period of ten years. The Customer has the right to access this information at any time, in accordance with the terms set out in Article 13 of these General Terms and Conditions of Sale.
For the retention of bank data, see article 7.3. of these General Conditions of Sale.
Article 6 - Price
The price of the Articles is indicated in euros on the Site for each Article. It includes all costs related to the creation, storage and packaging of the Item, but does not include delivery costs. The price applied corresponds to the price indicated on the Site when the Order is made.
The price is indicated all taxes included for France and the European Union. For products shipped outside the European Union and DOM / TOM, the price is indicated excluding taxes. Customs duties or local taxes, import duties or local taxes may be payable, and will then be payable by the Customer. The Customer is advised to inquire about these aspects with the local authorities.
At the time of validation of the Order, the price to be paid means the price of the Items covered by the Order, plus delivery costs.
The total amount to be paid including the price of the Items and the delivery costs is reminded to the Customer when the Order is made, before payment.
Article 7 - Payment
7.1. Payment terms
Payment of the amount of the Order must be made according to the procedures indicated when placing the Order.
Payment is made, at the Customer's choice, by bank card or PAYPAL.
7.2. Payment by credit card
In the case of payment by bank card, the payment is irrevocable, in accordance with the provisions of article L132-2 of the Monetary and Financial Code and subject to the exceptions set out in said article.
In order to make the payment, the Customer communicates to the Seller via the payment form the sixteen digits appearing on his card, the expiration date and, if applicable, the visual cryptogram. This communication constitutes authorization given to the Seller to debit the bank card for the amount corresponding to the total price of the Order.
The transaction is immediately debited from the Customer's bank card after verification of the conformity of the Order and bank details upon receipt of the debit authorization from the company issuing the bank card. In the event that the debit is impossible, the Order will be immediately canceled.
The bank details benefit from a secure SSL (Secure Socket Layer) encryption. Their use by the Seller is limited exclusively to the procedures necessary to ensure the validation of the Order and the issuance of a refund of the Order in the event of the regular exercise of the Customer's right of withdrawal. Said bank details may under no circumstances be made available to third parties, with the exception of the need for the Seller to notify the competent authorities of the occurrence of fraud.
Article 8 - Delivery
8.1. Preliminary formalities
The Customer chooses a delivery method on the Site when placing his Order.
The Customer receives electronic confirmation of the shipment of his Order.
The Customer provides the delivery address when placing his Order. The Seller can ship anywhere in the world.
8.2. Delivery delay
The Order will be shipped within 48 hours from the date of payment, except in cases of force majeure such as this concept is assessed by the case law of French courts, to the delivery address indicated by the Customer when ordering. The Seller cannot be held responsible for a delivery failure linked to incomplete or incorrect information on the delivery address when placing the Order. In the event of a return of a package to the Seller due to an incorrect or incomplete address provided by the Customer, the return costs will be the sole responsibility of the Customer.
For outlet orders, shipping times can exceptionally be up to 3-5 working days.
Delivery times are understood in working days.
Delivery time in mainland France: 2 days
Delivery time in DOM-TOM: 6 days
Delivery time within the European Union: 5 days
Delivery time outside the European Union: 7 days
8.3. Shipping cost
France: Free shipping
Europe & World: Free shipping above 100€ ; shipping cost is 12€ otherwise
Delivery costs for Orders to France and the European Union are indicated inclusive of all taxes, in accordance with the Value Added Tax rate in force on French territory.
Shipping fees for orders shipped outside the European Union are indicated exclusive of tax. The taxes are paid by the Customer upon receipt of the package according to the laws in force in the country of destination.
8.4. Delay in delivery
In the event of late delivery, the Seller shall inform the Customer by electronic mail. The Customer may then cancel the Order by sending an electronic mail to the Seller.
If the Order has not yet been shipped upon receipt of the electronic mail, the Seller shall retain the Item(s) ordered and refund the Customer within fourteen days of the date of the electronic mail.
If the Order has been shipped upon receipt of the electronic mail, the Customer may cancel the Order by refusing the package and returning it to the Seller. The Seller shall then refund the Customer the amount of the Order and the return shipping costs upon presentation of the receipts, within fourteen days of receipt of the unopened returned Article(s).
Article 9 - Withdrawal period
In accordance with the provisions of article L121-21 of the Consumer Code, the Customer has a right of withdrawal from his Order which he can exercise within fourteen (14) days of receipt of his Order, without having to justify reasons or to pay penalties with the exception of the cost of returning the Item (s). In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
In the event of free shipping, these will be applied if the amount of the items kept is less than the amount necessary for the application of the free service. The shipping costs will then be deducted from the reimbursement.
The Customer who wishes to exercise his withdrawal period must return the Item (s) within the above-mentioned period to the address indicated below, or else inform the Seller of his wish to withdraw within the above-mentioned period and then return the or the Item (s) at the address indicated below within fourteen days of this service:
Coltesse - Retour - 12 rue Philippe de Girard - 75010 Paris - France
The Item (s) must or must be returned in a condition allowing them to be put back for sale by the Seller (neither worn, nor worn (s), nor modified (s), nor washed, nor damaged. (s)) and accompanied by all the documents and accessories provided as well as a copy of the invoice or any other element allowing the Order and the Customer to be identified.
In the event that the returned Item (s) is (are) not suitable for marketing, the Customer will not be reimbursed, but he could obtain again, at his expense, the return of the Item (s) that it would have returned to the Seller.
In accordance with the provisions of Article L121-21-4 of the Consumer Code, the Customer who exercises his right of withdrawal will be reimbursed as soon as possible, and at the latest within fourteen days following the date of return of the Article (s). (s).
Any responsibility for loss or damage to the Item (s) during the return will weigh on the Customer.
Under the provisions of article L.121-20-2 of the Consumer Code, the right of withdrawal is excluded for Articles made to the consumer's specifications or clearly personalized.
Article 10 - Retention of title
The Seller remains the owner of the Items covered by the Order until full payment of the price. In the event of non-payment or incomplete payment, the Seller may claim the Items which could have been delivered to the Customer without prior notice.
Article 11 - Guarantee
The Seller is bound by the applicable legal guarantees provided for in Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and Articles 1641 and 1648 of the Civil Code.
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility."
Article L.211-5 of the Consumer Code: "To comply with the contract, the goods must:
1 °Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."
Article L.211-12 of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods."
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them."
Article 1648 of the Civil Code: “The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity."
In the event of a lack of conformity, the Customer has the possibility of choosing between two options which can be exercised free of charge:
- the replacement of the purchased Item, or
- the return of the price after return of the Item (s) to the Seller at the following address:
YPN - Coltesse - 12 rue Philippe de Girard - 75010 Paris - France
Shipping costs are reimbursed by the Seller upon presentation of the corresponding supporting documents.
In any event, the Seller cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. In any event, the Seller's liability is limited to the value of the Item (s) forming the subject of the Order, value determined on their date of sale, without possibility of recourse.
Article 12 - Intellectual property
"Coltesse" is a protected trademark, registered with the INPI in February 2006. The Coltesse trademark, the Seller's Articles, as well as all figurative or non-figurative marks and all other marks, illustrations, images, drawings, models and logos appearing on the Articles, their accessories or packaging are the exclusive property of the Seller.
Any total or partial reproduction, modification or use of the aforementioned elements, for any reason and on any medium whatsoever, without the express, prior and written consent of the Seller, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logotype or distinctive sign intended to form a composite logo.
Article 13 - Personal data
Personal data concerning the Customer are kept by the Seller only for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. They are also kept for security purposes as well as improvement and personalization of services.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by the law n°2004-801 of August 6, 2004, the Customer has at any time an individual right access, withdrawal and rectification of the individual personal data collected.
To exercise this right, the Customer has two possibilities:
- connect to their account on the Site, or
- write to the following address:
Coltesse - 12 rue Philippe de Girard - 75010 Paris - France
The Company undertakes not to communicate, free of charge or with consideration, the personal data of its Customers to a third party.
Article 14 - Law applicable to the activity of the Seller
These General Conditions of Sale, any dispute that may arise in connection with the making, execution or withdrawal of the Order, as well as any contractual relationship between the Seller and the Customer, are governed by French law.
Article 15 - Settlement of disputes
15.1. Amicable solution
In the event of a dispute or a complaint, and before any legal action, the Customer is invited to contact the Seller for the purpose of seeking an amicable solution. If he wishes to seek such a solution, the Customer must send a letter to this effect, either to the following postal address:
YPN - Coltesse - Complaints - 12 rue Philippe de Girard - 75010 Paris - France
or at the following email address: email@example.com
The Customer is however reminded that the search for an amicable solution does not interrupt the time limits for acting as a guarantee.
15.2. Reference to common law
Any dispute arising between the Seller and the Customer within the framework of their contractual relations is submitted to the competent court in accordance with common law, notwithstanding the plurality of defendants and warranty claims.