General Conditions of Sale

Legal Notice

The following provisions establish the general conditions of sale of the products offered for sale on the site www.camillebarres.com

Between,

The Micro-Entreprise Camille Barrès
Numéro SIREN : 844 790 659
Numéro SIRET : 844 790 659 00032
Whose head office is 14, chemin des oliviers, 06950 FALICON
Code APE/NAF : 1413Z Manufacturing of clothing

The director of the publication is Camille Barrès, also legal representative of CAMILLE BARRÈS.

E-mail:
(hereinafter « CAMILLE BARRÈS »).

And,

Any natural person of legal age, non-commercial, having the legal capacity to contract (hereinafter “the Customer”) making a purchase of product on the Site.

The Site is hosted by the company 1&1, 7, place de la Gare, BP 70109, 57200 Sarreguemines C.

The purpose of these general conditions of sale is to define the terms and conditions of distance selling between the brand “CAMILLE BARRÈS” on the one hand, and any individual (hereinafter “the Customer”) making a purchase on the Site on the other. These conditions are written in English. In particular, they specify the various stages necessary for the Customer to order, the terms of payment and delivery, and specify how the Customer’s order is monitored.

Prices

The prices of the products applied are those communicated on the site and confirmed to the Customer during the validation of the order. They are indicated in euros, and include all taxes, including delivery costs. The Products remain the property of the seller until full payment has been received by CAMILLE BARRÈS.
We reserve the right to modify our prices at any time, but we commit ourselves to apply the prices indicated on the website at the time of your order. We inform you that in case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer bug, manual error, technical error.), the order, even if validated, will be cancelled, and we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the correct price.

Order

CAMILLE BARRÈS undertakes to honour orders received only within the limits of available stocks. If one or more products are not available, CAMILLE BARRÈS undertakes to inform the Customer as soon as possible. CAMILLE BARRÈS shall not be held liable in the event of stock shortages or unavailability of products. The products ordered remain the property of CAMILLE BARRÈS until full payment has been received.

Ordering on the site is subject to compliance with the procedure set up by CAMILLE BARRÈS on the site, which includes successive stages leading to the validation of the order. The buyer wishing to purchase a product or a service must :

For Custom Service :

Step 1: The Customer books an appointment to contact CAMILLE BARRÈS for his/her order on the site through calendar or by phone. The Customer creates his/her Customer account by entering his/her complete contact details (delivery and billing details). The fields marked with an asterisk (*) are mandatory fields; it is specified that unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address. If the appointment is made by phone, all this information will be requested during the phone call. Following the appointment, to continue the creation of his/her garment, the Customer receives by mail one or more estimates. When one of the proposed estimates is validated by the Customer, she expressly accepts the general conditions of sale in force on the site. A deposit of 50% of the total price of his/her order is requested after validation of the estimate. A payment link corresponding to the 50% deposit of the total price of the order is sent to the Customer. The payment link is on the Plink platform. The Customer also has the possibility to send a check as a means of payment. The validation of this payment will validate the continuation of the creation of the garment.

Step 2: The Customer receives several suggestions with sketches. She chooses online the final sketch. The Customer receives by e-mail the summary of the order.

Step 3: The Customer books an appointment to take measurements and choose the finishing touches on the website using the calendar or by phone.

Step 4: The customer books an appointment for the fitting of the prototype on the website through the calendar or by phone. Before the appointment, the Customer receives the invoice for the product with a payment link to pay the remaining 50% of the total price of the order. The payment link is on the Plink platform. The Customer also has the option to send a check as a means of payment. The placing of an order by the Customer implies full and unconditional acceptance of these conditions of sale. Please note that the Customer is debited at the time of the validation of the order and not of its expedition.

Step 5: Once the invoice is paid in full, delivery is free and the finished garment is sent to the customer’s billing address.

Within twenty-four hours after placing the order, the Customer will receive an email confirming :

– the registration of his/her order
– the details of the items ordered
– the total price including VAT (including details of free delivery)
– the chosen method of payment

CAMILLE BARRÈS reserves the right not to validate the order in case of :
– abnormal orders with regard to the quantities ordered
– abnormal or abusive exchanges and returns
– existing dispute(s) with the Customer
– suspicious bank details provided

The details of the order are archived in accordance with Article L.134-2 of the Consumer Code, for a period of ten years on a secure server. However, no credit card number is kept.his//h

Payment

Payment by credit card

The price of the products purchased is payable in full on the day the order is placed by the Customer. Payment is made online, by credit card. The Customer’s bank account corresponding to the credit card used for payment is debited on the day the order is confirmed by CAMILLE BARRÈS. In the event of non-payment, an incorrect address or any other problem with the Customer’s account, CAMILLE BARRÈS reserves the right to block the Customer’s order until the problem is resolved. All purchases made on the Site and with the Plink payment link are protected and secure 7 days a week and 24 hours a day. During the payment process, the Customer indicates his/her card number, its validity date and the cryptogram on the back of his/her credit card. These data are automatically transmitted in encrypted mode to be verified in order to avoid abuse and fraud.

Payment by check

The CAMILLE BARRÈS website offers customers who do not have a bank card the possibility of paying by check. In this case, the Customer must send a letter to
CAMILLE BARRÈS : 19, Rue Boissière 75116 Paris
specifying :
– the model, color and finish chosen
– the name of the buyer
– an email address for sending the invoice
– the billing address
– the delivery address
The buyer will have to join to this sending a check of the amount TTC of his/her purchase.

Delivery

CAMILLE BARRÈS delivers all orders to Metropolitan France only. For all orders to be delivered in France, the carrier used is Colissimo.

It is the Customer’s responsibility to ensure, upon receipt of the garment, that it is consistent. Any anomaly concerning the delivery such as :
– Damaged package,
– missing products,
– deteriorated products,
– products not in conformity with the order,
must be notified within two working days of receipt of the order by registered letter to: CAMILLE BARRÈS, 19, Rue Boissière, 75116 Paris or by email to: . In the event of non-conformity, a “return or exchange form” is attached to the package where the Customer must explain the reason for the return. The non-compliant garment will then be returned to the following address:
CAMILLE BARRÈS
19, Rue Boissière
75116 Paris

Return shipping costs are at the customer’s expense. The Customer must take care of the packaging and protect the product so that it is not damaged during transport. The product must be returned in its original packaging and condition.

Compliance

All our products offered for sale are original creations, they are those described on the site on the day of the consultation of the site by the Customer within the limits of available stocks. These products are updated automatically in real time. However, CAMILLE BARRÈS cannot be held responsible for any error in the update, whatever its origin. The products are described and presented with the greatest care and as faithfully as possible in order to provide the Customer with the best information. The photographs in the catalog are as accurate as possible, however they cannot ensure a perfect similarity with the product offered, especially with regard to colors. In addition, it is possible that errors may appear on the site, which the Customer acknowledges and accepts. The products corresponding to these criteria are considered non-conforming:

– error on the ordered model
– error on the color ordered
– error on the finishes ordered during the measurement appointment
– model received not conforming to the visual of the site

All the products benefit from the legal guarantee of conformity (L211-1 and following of the Code of the Consumption) and the guarantee against the hidden defects (articles 1641 and following of the Civil code), allowing the Customer to send back the defective or nonconforming Products delivered. Article L211-4 of the Code of Consumption: The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his/her charge by the contract or was carried out under his/her responsibility. Article L211-5 of the Consumer Code: To be in conformity with the contract, the item must be suitable for the use usually expected of a similar item and if necessary correspond to the description given by the salesman and have the qualities which this one presented to the purchaser in the form of sample or model; have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his/her representative, in particular in advertising or labelling, or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter. Article L211-12 of the Consumer Code: The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good. Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. Article 1648 al 1st of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the event of delivery to the Customer of a Product that does not conform to the order or reveals a hidden defect, the Customer may return the said Product to CAMILLE BARRÈS in accordance with the provisions set out above. Returned items must be unworn/unused and in their original packaging. They must also be accompanied by the invoice. It is the customer’s responsibility to provide proof of return.

The Customer may ask CAMILLE BARRÈS :
– either to be delivered a product identical to the one ordered, within the limit of available stocks;
– or to be delivered a product of equivalent quality and price, within the limits of available stocks;
– or to be reimbursed for the price of the product ordered. This refund will be made within 15 (fifteen) days of CAMILLE BARRÈS receiving the returned item, by crediting the Customer’s bank account used to pay for the order.

Return

In any case, the above provisions do not deprive the Customer of the possibility of exercising his/her right of withdrawal, as indicated in the article below. In accordance with Article L 121-20 of the Consumer Code, the Customer has a period of 14 days from receipt of the items ordered to exercise his/her right of withdrawal without having to justify his/her reasons or pay penalties. To return the product, the customer just has to fill in the “return or exchange form” with the reason for the return.

If the Customer exercises his/her right of withdrawal, CAMILLE BARRÈS will immediately send an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail). The cost of returning the Product(s) will be borne by the Customer. The Product(s) returned must be new, unused and in their original box. Any item returned soiled and/or damaged by the Customer will not be accepted.

On the other hand, given the unique and personalized nature of the custom-made item, it can neither be returned nor exchanged, in accordance with Article L.121-20-2 of the Consumer Code (“The right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts : […]3° Of supply of items made to the specifications of the consumer or clearly personalized or which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly”).

As a result, you have no right of withdrawal. Therefore, we recommend that you take the time and care necessary to create your garment.

Claim

For any complaint, our Customer Service is at your disposal by mail at the following address:

Protection of personal data

The Customer is informed and accepts that his or her personal data may be collected on the Site and used by CAMILLE BARRÈS, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation” or “GDPR”). CAMILLE BARRÈS undertakes to protect and ensure the security and confidentiality of its Customers’ personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or accessed by unauthorised third parties. In particular, the Customer’s personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, intervene and contribute directly to the management of the Sales Order and for whom it is absolutely necessary to have access to the personal data provided by the Customer at the time of the creation and use of his or her Account (identity, postal address, telephone number, e-mail address). Subcontractors can only act on the instructions of CAMILLE BARRÈS. Customer’s personal data are collected for the following purposes:

– management of orders and relations with the Customer
– informing the Customer of commercial offers and information related to the brand
– strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers
– to improve and personalize the services offered to the Customer
– to comply with legal and regulatory obligations

The Customer’s personal data is kept only for the time strictly necessary for the purposes previously stated. In accordance with the GDPR, the Customer has a right of access, rectification and opposition to personal data concerning him (hereinafter the “Data Protection Rights”).

To exercise one or more of the Data Protection Rights, the Customer must send a request by email to the address or by post to the CAMILLE BARRÈS customer service department, by writing to the following address and indicating his/her surname, first name, email address and customer references : CAMILLE BARRÈS, 19, Rue Boissière, 75116 Paris, France.

Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature and must specify the reply address. The reply to the request made on the basis of one or more of the Data Protection Rights will be sent within 2 months of receipt of the request. The Customer may provide CAMILLE BARRÈS with specific directives in which he or she defines the way in which he or she intends the Data Protection Rights to be exercised, after his or her death, in accordance with the GDPR.

Sales offers and newsletters

CAMILLE BARRÈS may send the Customer information about the brand and commercial offers by post, email, text message or via all the web spaces run by CAMILLE BARRÈS or on social networks, subject to prior acceptance. The Customer may at any time object to these commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link in each email or by making a request via his/her internet account, by post to : CAMILLE BARRÈS, 19 Rue Boissière, 75116 Paris or by replying STOP by SMS.

Cookies

This “COOKIES” section allows you to find out more about the origin and use of browsing information processed when visiting our Website and about users’ rights. Thus, when you visit the CAMILLE BARRÈS Website, information relating to your browsing may be recorded in “Cookies” files installed on your terminal (computer, tablet, smartphone, etc.). CAMILLE BARRÈS issues these cookies in order to make it easier for users to navigate the Website. They may also be issued by the brand’s partners in order to personalise the advertising offer sent outside the Website. Cookies are likely to be included in different areas of the Site. These areas may display advertising content from advertisers on users’ terminals. Only the issuer of a cookie is likely to read or modify the information contained therein. The reading or the deposit of certain cookies may require the prior consent of the user. In this case, the user, after having been duly informed via the information on the banner dedicated to cookies and the information in these general terms of sale, gives his/her consent by continuing his/her visit to the Site. Cookies have a limited life span of 13 months after their first deposit in the user’s terminal equipment.

• The cookies issued by CAMILLE BARRÈS

The cookies that CAMILLE BARRÈS installs on the user’s terminal make it possible to recognize the browser used to connect to the Website, in order to :

– To establish statistics of frequentation (number of visits, pages seen, abandonment in the process of order, …) in order to follow and improve the quality of its services
– To adapt the presentation of its Site to the display preferences of the terminal
– To store information entered in forms, to manage and secure access to reserved and personal spaces such as the customer’s account and shopping cart
– To provide the user with content, including advertising, related to the user’s interests and to personalize offers.

• Third-party cookies

When the Customer accesses the Site, one or more cookies from partner companies (“third-party cookies”) may be placed on the computer via the pages of our Site or via content displayed in the advertising spaces. The cookies placed on the CAMILLE BARRÈS Website by the service providers that CAMILLE BARRÈS uses to promote its activities and offers are intended to :

– to identify the products consulted or purchased on the Site in order to personalize the advertising offer sent
– to send, if the Costumer has authorized it when registering with these service providers, offers from the brand by email.

The purpose of the cookies contained in the advertising spaces of the Site is to enable the establishment of statistics on the advertisements displayed (number of displays, advertisements displayed, number of users having clicked on each advertisement, etc.). The issue and use of cookies by third-parties are subject to the privacy protection policies of these third-parties. CAMILLE BARRÈS has no access or control over third-party cookies and acts as a subcontractor within the meaning of the GDPR Law.

However, CAMILLE BARRÈS ensures that the partner companies process the information collected on the Website exclusively for the needs of CAMILLE BARRÈS and in compliance with the GDPR Law. Users may refuse third-party cookies by making the appropriate settings in their browser.

• Choices about cookies

Several possibilities are offered to the Customer to manage the cookies. All settings are likely to modify his/her navigation on the Internet and his/her conditions of access to certain services requiring the use of cookies. The Customer can configure his/her navigation software so that cookies are saved in his/her terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The Customer can also configure his/her navigation software so that the acceptance or refusal of cookies is proposed to him/her punctually, before a cookie is likely to be recorded in his/her terminal. The Customer may at any time choose to block or deactivate these cookies by setting the parameters of the Internet browser on his computer, tablet or cell phone, in accordance with the instructions established by his Internet browser provider and appearing on the websites mentioned below. For more information, the Customer can also consult the CNIL website and in particular the page : https://www.cnil.fr/fr/recommandation-sur-les-cookies-quelles-obligations-pour-les-responsables-de-sites-quels-conseils.

On Mozilla Firefox : Open the “Tools” menu, then select “Options”; click on the “Privacy” tab and choose the desired options or follow this link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies

On Microsoft Internet Explorer: Open the “Tools” menu, then select “Internet Options”; click on the “Privacy” tab, then the “Advanced” tab and choose the desired level or follow the link below: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

On Safari :

Choose “Safari; Preferences” and then click on “Security”; in the “Accept Cookies” section choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari

On Google Chrome : Open the configuration menu (wrench logo), then select “Options”; click on “Advanced options” then in the “Privacy” section, click on “Content settings”, and choose the desired options or follow the following link : https://support.google.com/chrome/answer/95647?hl=fr

On iOs : http://support.apple.com/kb/HT1677?viewlocale=fr_FR ; The Customer can also type “cookies” in the “help” section of his or her browser to access instructions on how to set them.his/

Intellectual Property

All the elements of the CAMILLE BARRÈS website are and remain the exclusive intellectual property of its author. No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, elements of the site. CAMILLE BARRÈS holds the intellectual property rights to the site and the right to distribute the items in the online store catalog, particularly the photographs. In this respect and in accordance with the provisions of the Intellectual Property Code, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the product catalog, their use as well as making them available to third parties are formally prohibited without the prior agreement of the micro-enterprise CAMILLE BARRÈS.

Access to the Website

camillebarres.fr is an e-commerce site owned by CAMILLE BARRÈS. The site is accessible via the Internet and is open to all users of this network. It is accessible 24 hours a day and 7 days a week, except for scheduled or unscheduled interruptions for maintenance purposes or in force majeure event. CAMILLE BARRÈS cannot be held responsible for any damage, of whatever nature, resulting from the unavailability of the site. CAMILLE BARRÈS does not guarantee that the site will be free of anomalies or bugs, and cannot be held responsible for problems with the transmission of connection data or the unavailability of the network.

Force Majeure

In the event of an event of force majeure preventing the execution of these General Conditions of Sale, CAMILLE BARRÈS will not be held responsible. The following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, destruction or total loss of stock, storms, floods, blockages of means of transport or supply for any reason whatsoever, as well as any other exceptional event. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three months, the transaction concerned may be terminated at the request of CAMILLE BARRÈS or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure. In the event of the occurrence of an event qualified as force majeure according to the previous paragraph, CAMILLE BARRÈS undertakes to notify the Customer as soon as possible.

Responsibility

The responsibility of the micro-entreprise CAMILLE BARRÈS with regard to any product purchased on the site is strictly limited to the purchase price of the latter. The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by the law. The micro-entreprise CAMILLE BARRÈS is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: they must be in conformity with the description and possess the characteristics set out on the Site; they must be suitable for the purposes for which products of this type are generally designed; they must meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.

Litigation

The present general conditions of sale are governed by French law. Any dispute that may arise between the Parties as a result of the formation, interpretation and/or execution of these terms and conditions shall, in the absence of an amicable settlement, be subject to the exclusive jurisdiction of the Commercial Court of Paris.

Partial Invalidity

If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such in application of the law, of a regulation or following a final decision of a competent jurisdiction, the other provisions will keep all their force and their range.

Modification of the present General Conditions of Sale

The present general conditions of sale are applicable as long as they appear on the website www.camillebarres.fr. CAMILLE BARRÈS reserves the right to modify them at any time. The new general sales conditions will only be applicable to orders placed after this modification.