General Terms and Conditions of Sale
General Terms and Conditions of Sale
The online store of the Chapellerie Traclet website has been set up by the company Chapellerie Traclet, which operates this site. Any order placed for a product featured in the online store of the Chapellerie Traclet.com website implies prior consultation of these general terms and conditions.
Consequently, the consumer acknowledges being fully informed that their agreement regarding the content of these general terms and conditions does not require a handwritten signature of this document, insofar as the customer wishes to order online the products presented in the store section of the website.
Delivery is made worldwide.
The consumer has the option to save or edit these general conditions, it being specified that both the saving and editing of this document are their sole responsibility. The consumer, prior to their order, declares that the acquisition of these products is unrelated to their professional activity, their acquisition being reserved for their personal use.
As a consumer, the customer therefore has specific rights, which would be compromised in the event that the products or services acquired through the website were actually related to their professional activity.
The online store set up by Chapellerie Traclet as part of the website mentions the following information:
- Legal notice allowing precise identification of Chapellerie Traclet company
- presentation of the essential characteristics of the proposed goods
- indication, in Euros, of the price of goods, as well as, where applicable, delivery costs
- indication of payment, delivery, or execution terms
- the existence of a right of withdrawal
- the period of validity of the offer or price
- the conditions for terminating the contract when it is of indefinite duration or for a duration exceeding one year
- all this information is presented in French. The consumer declares having full legal capacity allowing them to commit to these general conditions
Article 1: Entirety
These general terms and conditions express the entirety of the parties' obligations. In this sense, the consumer is deemed to accept without reservation all the provisions provided in these general terms and conditions. No general or specific condition appearing in documents sent or delivered by the consumer may be integrated into these terms, as these documents would be incompatible with these general terms and conditions.
Article 2: Purpose
These general conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Chapellerie Traclet to the consumer.
Article 3: Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general terms and conditions; the order form. In case of contradiction between the provisions contained in documents of different ranks, the provisions of the higher-ranking document will prevail.
Article 4: Entry into Force - Duration
These general conditions come into effect on the date of signing the order form. These general conditions are concluded for the duration necessary to provide the goods and services subscribed to, until the expiration of the guarantees due by Chapellerie Traclet.
Article 5: Electronic Signature
The consumer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the consumer in the order form.
Article 7: Proof of Transaction
Computerized records, stored in Chapellerie Traclet's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8: Product Information
8-a: Chapellerie Traclet presents on its website the products for sale with the necessary characteristics that allow compliance with
Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order placement the essential characteristics of the products they wish to purchase.
8-b: The offers presented by Chapellerie Traclet are only valid while stocks last.
Article 9: Price
Prices are indicated in euros and are only valid on the date the order form is sent by the consumer. They do not include delivery costs, which are charged in addition and indicated before order validation. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. Payment of the total price must be made at the time of ordering. At no time can the sums paid be considered as deposits or down payments.
Article 10: Payment Method
To pay for their order, the consumer has, at their choice, all the payment methods mentioned in the order form. The consumer guarantees Chapellerie Traclet that they have the necessary authorizations to use the payment method chosen by them when validating the order form.
Chapellerie Traclet reserves the right to suspend any order processing and delivery in case of payment authorization refusal by credit card from officially accredited organizations or in case of non-payment. Chapellerie Traclet particularly reserves the right to refuse to make a delivery or fulfill an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing. Chapellerie Traclet has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the customer will be asked to send a copy of an ID and proof of address to Chapellerie Traclet by fax. The order will only be validated after receipt and verification of the sent documents by our services.
Article 11: Product Availability
The order will be executed at the latest within 3 days from the day following the one on which the consumer placed their order. In case of unavailability of the ordered product, particularly due to our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel their order. The consumer will then have the choice to request either the refund of the amounts paid within 30 days at the latest from their payment, or the exchange of the product.
Article 12: Delivery Methods
Products are delivered to the address indicated by the consumer on the order form anywhere in the world. The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery note, as well as to Chapellerie Traclet, within a period of one week. The consumer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. Regarding shipping, we mainly work with Colissimo Suivi. As soon as we process a shipment, you immediately receive an email informing you.
LA POSTE
To minimize transportation costs as much as possible, all products of low or medium bulk are shipped by a postal service called Colissimo Suivi. Besides being economical, this service delivers within 48 hours throughout France and offers you the possibility to collect ordered products at your local post office near the delivery address in case of absence from the initial delivery location when the postal worker attempts delivery.
Specifically, if you are absent on the day of delivery, your postal worker will leave a delivery notice in your mailbox, which will allow you to pick up your package at your local Post Office during opening hours, within a period of 15 days. Colissimo Suivi is a very reliable service.
However, as with any shipment, there may be a delivery delay or the product may get lost. In case of a delivery delay compared to the date we indicated in the shipping email, we ask you to report this delay by calling us by phone or sending us an email. We will then contact the Post Office to start an investigation.
A Postal investigation can last up to 21 days from the start date of the investigation. If during this period, the product is found, it will be immediately re-routed to your home (in most cases). If, however, the product is not found at the end of the 21-day investigation period, the Post Office considers the package as lost.
It is only at this point that we can send you a replacement product, at our expense. If the ordered product(s) were no longer available at this time, we would refund you the amount of the products affected by the carrier's loss. If the product(s) were still available but had changed in price on the website, we would apply the new selling prices, either by refunding you the difference by check or by requesting an additional check for this price difference. We decline all responsibility for extended delivery times due to the carrier, especially in case of loss of products or strikes.
Article 13: Delivery Issues Due to the Carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be imperatively indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The consumer must simultaneously confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt stating the said complaints. The consumer must transmit a copy of this letter by fax or by simple mail to:
Chapellerie Traclet
4 rue de Cadore
42300 Roanne
France
Article 14: Delivery Errors
14-a: The consumer must notify Chapellerie Traclet on the day of delivery or at the latest on the first working day following delivery, of any complaint regarding delivery error and/or non-conformity of products in nature or quality compared to the indications on the order form. Any complaint made after this deadline will be rejected.
14-b: The formulation of this complaint to Chapellerie Traclet can be made: - primarily by phone at 04 77 71 40 58 from Monday afternoon to Friday from 9am to 5pm, - by connecting to our site in the "track your order" section where, after entering your customer number, you can ask us your question through the contact us menu, specifying the order reference.
14-c: Any complaint not made according to the rules defined above and within the specified time limits cannot be taken into account and will release Chapellerie Traclet from any responsibility towards the consumer.
14-d: Upon receipt of the complaint, Chapellerie Traclet will assign an exchange number for the product(s) concerned and communicate it to the consumer by email, fax, or telephone. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the process described above.
14-e: In case of delivery error or exchange, any product to be exchanged or refunded must be returned to Chapellerie Traclet in its entirety and in its original packaging, by Colissimo Tracked, to the following address:
Chapellerie Traclet
14 impasse bardin
42300 Roanne
France
To be accepted, any return must be reported in advance to the Customer Service of Chapellerie Traclet.
Shipping costs are borne by Chapellerie Traclet, except in cases where it turns out that the returned product does not correspond to the original declaration made by the consumer in the return form.
Article 15: Product Warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal warranty that obliges the professional seller to guarantee them against all consequences of hidden defects of the item sold. The consumer is expressly informed that Chapellerie Traclet is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of May 19, 1998, relating to liability for defective products.
Consequently, in case of damage caused to a person or property by a defect in the product, only the liability of the producer of that product may be sought by the consumer, based on the information appearing on the packaging of said product. The conditions and duration of the manufacturer's warranty are indicated on the product sheets. Given the frequency of renewal of technical product components, Chapellerie Traclet may, upon request, inform the consumer of the availability of spare parts for the proposed products and the procedures for possibly obtaining them.
We are the distributors; the manufacturers are responsible for these items (manufacturing defects, copies, counterfeits).
Article 16: Right of Withdrawal
The consumer has a period of 14 days for product refund and 100 working days to return and exchange the product, at their own expense, if the products are not suitable.
This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. Any return must be reported in advance to Chapellerie Traclet's Customer Service: - primarily by phone at 04 77 71 40 58 from Monday afternoon to Saturday from 9am to 7pm, - by connecting to our website in the "track your order" section where, after entering your customer number, you can obtain your order number.
Please note that made-to-order products as well as personalized products are not refundable under any circumstances.
The product must be returned by Registered Colissimo to Chapellerie Traclet, 4 rue de Cadore 42300 Roanne France.
Only products returned in their entirety, in their complete and intact original packaging, and in perfect resalable condition will be accepted. Any product that has been damaged, or whose original packaging has been deteriorated, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for return shipping costs and shipping costs for orders sent without shipping fees (for example, for an order of several hats amounting to 500 euros where everything is returned, shipping costs will be charged). In the event of exercising the right of withdrawal, the consumer has the choice of either requesting a refund of the amounts paid or exchanging the product. In the case of an exchange, re-shipping will be at the consumer's expense.
In case of exercising the right of withdrawal, Chapellerie Traclet will make every effort to reimburse the consumer within 14 days. However, given the technical nature of the products sold, this period may be extended to 90 days, particularly when the product needs technical verification (e.g., products that need to be tested beforehand).
The consumer will then be refunded by re-crediting their bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 17: Usage Rights
The right to use Chapellerie Traclet's software, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to reproduce exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any case, the author of the software retains a property right over their work, which the consumer agrees to respect.
Protection of Personal Data
As an e-commerce site, the merchant collects certain information necessary for order processing as well as for various store events (holidays, sales, and Traclet house events). The merchant treats all this information with the utmost confidentiality. The automated processing of personal information on the merchant's site has been declared to the National Commission for Information Technology and Civil Liberties under number 718275.
Article 18: Force Majeure
Neither party will have failed in its contractual obligations, to the extent that their performance will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within a period of one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the affected party.
Expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, are: blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning; shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.
Article 19: Partial Invalidity
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and effect.
Article 20: Non-waiver
The fact that one party does not assert a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty in interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable Law
These general terms and conditions are subject to French law. This applies to both substantive and formal rules. In case of dispute or complaint, the consumer will first address Chapellerie Traclet to obtain an amicable solution. In a second step and in case of recourse, the consumer may file a complaint with , via its dedicated dialogue box.
Article 23: Data Protection and Privacy
The information requested from the consumer is necessary for the processing of their order and may be communicated to the contractual partners of Chapellerie Traclet involved in the execution of this order. The consumer may write to Chapellerie Traclet, whose contact details are in the privacy charter on the website, to object to such communication, or to exercise their rights of access and rectification regarding the information concerning them and appearing in Chapellerie Traclet's files, under the conditions provided for by the law of January 6, 1978.
Article 24: Made-to-Order Product
These products cannot be canceled or refunded after ordering. Indeed, these products are manufactured to order with a lead time indicated at the time of ordering, and in order to respect the artisan who makes them, they will not be taken back or refunded.
Customer Service:
Chapellerie Traclet 4 rue de Cadore 42300 Roanne France
email: contact@chapellerie-traclet.com Tel.: 04 77 71 66 36 Fax: 04 77 71 66 36
Opening hours:
Monday: 3 PM to 7 PM Tuesday to Saturday: 9 AM to 12 PM and 2 PM to 7 PM
Trade Register:
Siret 82356763100010 - APE 524 C VAT No.: FR94 823567631
CNIL Declaration No. 718275