Company name CAIRE
LEGAL FORM S.A.S
Share capital 5000 euros
Head office 119 RUE DU CHEMIN VERT, 75011 PARIS
RCS number: RCS 898 322 789
It is reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
PROTECTION OF PERSONAL DATA
The Customer is informed and accepts that his/her personal data may be collected on the Site and used by CAIRE 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 “).
In particular, the Customer’s personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the RGPD, intervene and contribute directly to the management of the Orders and for whom it is absolutely necessary to have access to the personal data provided by the Customer during the creation and use of his/her Account (identity, postal address, telephone number, e-mail address). Subcontractors may only act on instructions from CAIRE.
Customers’ personal data are collected for the following purposes:
- Management of orders and relations with customers;
- Informing Customers 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 according to the Customer’s preferences noted on the Website ;
- Improving and personalising the services offered to Clients
- Compliance with legal and regulatory obligations.
In accordance with the RGPD, the Customer has a right of access, rectification and opposition to the personal data concerning him/her (hereinafter referred to as the “Data Protection Rights”).
To exercise one or more of the Data Protection Rights, the Customer must send a request by email or by post to CAIRE’s customer service department, by filling in the contact form located on the site.
The response to the request made on the basis of one or more Data Protection Rights will be sent within 2 months of receipt of the request.
The Customer may provide CAIRE with specific instructions in which he or she defines the manner in which he or she intends the Data Protection Rights to be exercised after his or her death in accordance with the GDPR.
We use browsing data to measure website traffic to learn about products and services that interest you and to collect personal data, including your name, e-mail address, telephone number and unique terminal identifier. This information allows us to accompany you at each stage of the purchasing process by contacting you occasionally (by e-mail or SMS) or to offer you online advertising adapted to your interests.
The creation of hypertext links to the www.cairestudio.com website is subject to the prior agreement of the Director of the publication. The hypertext links established to other sites from the www.cairestudio.com site shall not, under any circumstances, incur the responsibility of the Director of the publication.
The reproduction or representation, in whole or in part, of the pages, data and any other element of the site www.cairestudio.com, by any process or medium whatsoever, is prohibited and constitutes an infringement without the publisher’s permission.
GENERAL TERMS AND CONDITIONS OF SALE
Any online purchase made on the website www.cairestudio.com is subject to prior knowledge and acceptance of these general terms and conditions of sale.
- Article: product of any kind offered for sale (e-commerce service) on the Site
- Customer: a non-trading natural person who places an Order and who has full legal capacity.
- Order: commitment to purchase all the Items selected by the Customer via the e-commerce service of the Site.
- Website: website published by CAIRE and accessible at www.cairestudio.com
The GTC are applicable without restriction or reservation to all Items offered for sale on the Site.
The applicable GTC are those appearing on the Site on the day of the Customer’s Order.
Any Order on the Site is conditional upon the Customer’s prior and unreserved consultation and acceptance of these GTC and of the applicable tariffs.
The Customer’s “click” on the “Proceed to payment” button accessible on the page dedicated to the validation of the order shall be deemed to be an acceptance.
These GTC shall take precedence over all other documents.
The sale of Items on the Site is exclusively reserved for retail sale and for private individuals.
In no case may the Site be used by professional sales Customers, alone or grouped together, and this regardless of the method of marketing their products (internet marketplaces, shopping malls, intermediaries, physical shops in particular).
CHARACTERISTICS OF THE ARTICLES
The Items available for sale are those shown on the Site. The offers are valid as long as they are visible on the Site.
They are offered within the limits of the availability displayed on the Site.CAIRE reserves the right to withdraw from sale, at any time, any Article present on the Site and/or to replace or modify any information associated with the Articles appearing on this Site.
the event that an Item is unavailable after an Order has been placed, the Customer will be informed by email and the order will be automatically cancelled and CAIRE will refund the Customer as soon as possible and no later than 14 days after the cancellation of the Order: Metropolitan France and Europe.
The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc …) may vary over time. In the event of errors or omissions relating to the description of an Item, CAIRE’s liability is limited to the reimbursement of the reasonable costs incurred by the Customer in returning the Item.
The payment of the Order implies acceptance of these GTC, the price of the Articles and the content of the Order.
Any Order may be reimbursed if the conditions under which it was made do not comply with these GTC.
If the Customer does not receive an email following his/her Order, it is up to him/her to contact CAIRE’s customer service department in accordance with the methods described in article 13 of these GTC.
CAIRE shall not be liable for any error in data entry or transmission of an error in data entry by the Customer which prevents the delivery of the confirmation email and/or the Order.
The Customer is advised to print out the Order confirmation email.
For any queries relating to the tracking of an Order, the Customer should consult their customer account on the Site or contact customer services as described in clause 14 of these T&C.
PRICE OF ITEMS
The prices are indicated on the Site in Euros, all taxes included (TTC), excluding shipping costs.
CAIRE reserves the right to modify the prices of the Items at any time, the Items being invoiced on the basis of the prices in force at the time of the validation of each Order.
The price of the Items invoiced is therefore the one indicated during the Order.
PAYMENT OF THE ORDER
All Orders imply an obligation to pay by credit card using a bank account with sufficient funds. The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by e-mail.
The Order is payable immediately by credit card (CB, Visa and MasterCard).
The Customer is informed by e-mail, once the Order has been dispatched, that the invoice including delivery costs and VAT applicable on the day of the Order is available online in the Customer’s account.
It is possible for the Customer to save his bank data on his account. The data in this case remains encrypted and not accessible.
TERMS OF DELIVERY
Items are only delivered to the countries indicated in article 5 of these GTC.
The Customer will receive an Order number by email confirming that the order has been successfully processed.
Shippings are announced by email to the Customer, to the email address given by the latter on his customer account.
The Customer is offered a delivery method :
- standard home delivery offered in metropolitan France
If the Customer chooses home delivery:
- Thanks to the shipping number, the Customer can follow the progress of his parcel on the carrier’s website.
- The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper routing of his Order and for the perfect delivery (access code, access specification for example).
- If the Customer is not present at the time of delivery, a notice will be sent to the Customer informing him/her of the conditions under which the parcel will be kept and made available to him/her, under the sole and exclusive responsibility of the carrier.
- The Customer assumes entirely and exclusively the risks of loss or damage to the Articles as of their delivery.
Items will be delivered to the delivery address specified by the Customer at the time of placing the Order no later than the end of the delivery period specified at the time of placing the Order depending on the country of delivery.
CAIRE undertakes that delivery will be made within a maximum of 30 (thirty) calendar days from the date of the Order irrespective of the method of delivery selected.
In the event of a delay in delivery in relation to the above maximum period, the Customer may contact CAIRE’s Customer Service Department to request that the delivery be made within a reasonable additional period.
If the package is damaged or the Item does not correspond to the Customer’s Order, the Customer must initiate the returns procedure described in clause 11 below within 30 calendar days of dispatch.
RIGHT OF WITHDRAWAL AND RETURN POLICY
- Right of withdrawal
In accordance with the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and the law n° 2014-344 of 17 March 2014 as transposed in articles L. 221-18 and following of the Consumer Code, any consumer is entitled to cancel his order at any time within 14 calendar days following the date on which he received the Article(s) and this without having to justify his reasons or pay any penalties.
To exercise his right of withdrawal, the Customer must notify CAIRE of his decision to withdraw by means of an unambiguous statement to the following address:
CAIRE – 119 RUE DU CHEMIN VERT – 75011 PARIS
Any withdrawal made after the period of 30 days mentioned above will not be accepted.
Only a new, unworn and undirty Product will be refunded. The Product must be returned in its original packaging, or failing that, in packaging that guarantees equivalent protection, accompanied by the product label.
The return must be made by post.
- Terms of return
- Returns by post
To make a return :
- The Customer must contact Cairo via the contact form in order to organise the return and pick-up.
- The Customer must place the product(s) to be returned in its box.
- The Customer must stick the pre-paid postal label on its box.
- The Customer must drop its box at the post office.
Once the package has been received and the returned item(s) have been checked, CAIRE will refund the Customer as soon as possible after the notification of the cancellation request. In the absence of receipt of the relevant Item(s) or proof of despatch within this period, CAIRE reserves the right to postpone the refund until the day of collection of the relevant Item(s) or the provision by the Customer of proof of despatch of the relevant Item(s).
For any information or question, for an order follow-up, or to invoke the guarantee, the Customer must contact the Customer Service by email at the following address: firstname.lastname@example.org by filling in the contact form located on the contact page of the Site.
The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 217-1 et seq. of the Consumer Code, as from delivery:
- Article 1641 of the Civil Code: the seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price for it, if he had known about them.
- Article 1644 of the Civil Code: in the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
- Article 1646: if the seller was unaware of the defects of the thing, he shall only be bound to return the price, and to reimburse the purchaser for the expenses incurred by the sale.
- Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
13.2 Legal guarantee of conformity
- Article L 217-4 of the Consumer Code: the seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
- Article L 217-5 of the French Consumer Code: the goods shall conform to the contract:
1/ Whether it is fit for the purpose ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2/ Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
- Article L. 217-7 paragraph 1 of the Consumer Code: Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
- Article L. 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
- Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him:
1/ If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint;2/ Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use.
However, the sale cannot be cancelled if the lack of conformity is minor.
- Article L 217-11 of the Consumer Code: the application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer. These same provisions do not prevent the awarding of damages.
- Article L 217-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
This warranty allows the Customer to return defective or non-conforming Products for a refund in accordance with the above conditions.
The Customer may contact CAIRE via the contact form on the Site to obtain any information relating to the exercise of these warranties. In accordance with Article 23 of these T&Cs, the Customer shall first contact CAIRE to seek an amicable solution when the Customer intends to invoke any of the above guarantees.
CONVENTION ON EVIDENCE
The Customer acknowledges and agrees that the Order registration systems are proof of all transactions between CAIRE and the Customer. The Customer acknowledges and agrees that proof of acceptance of these T&Cs (and any updates thereto) is evidenced by the validation of the order for each order.
To this end, the Customer acknowledges and agrees that the computerised data stored on CAIRE’s computer servers in reasonable conditions of security and integrity shall be deemed irrefutably to be proof of acceptance of the terms of the T&C and proof of all transactions between CAIRE and the Customer.
Accordingly, unless CAIRE’s manifest error is proven by the Customer, the Customer shall not challenge the admissibility, validity or evidential value of the T&Cs and the contents of the Order on the basis of any legal provision which specifies that certain documents must be in writing or signed to constitute evidence.
Thus, these elements constitute evidence and, if produced as evidence by CAIRE in any litigation or other proceedings, will be admissible, valid and enforceable in the same way, under the same conditions and with the same evidential value as any document that would be established, received or kept in writing.
CAIRE reserves the right to modify the information contained in this Site at any time without notice.
CAIRE undertakes to describe the Products sold on the Site as accurately as possible and to update the information contained therein to the best of its ability.
CAIRE shall not be liable for any failure to perform any of its contractual obligations resulting from an act of God or force majeure as defined by the case law of the French courts. Force Majeure is an external, unforeseeable and irresistible event.
In particular CAIRE shall not be liable for any non-performance or delay in performance of Orders caused by events beyond its control (“Force Majeure”).
Force Majeure includes any act, event, failure to perform, omission or accident beyond the control of CAIRE and includes in particular (but not limited to):
- Strikes, closures or other industrial action.
- Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use rail, ship, aircraft, road or other private or public transport.
- Inability to use public and private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government.
- Strike, failure or accidents in sea, postal or other transport.
The performance of the T&Cs will be suspended for the duration of the Force Majeure and the performance and delivery periods will be extended accordingly. CAIRE shall use its best endeavours to put an end to the Force Majeure or to find a solution that allows it to perform its contractual obligations despite the Force Majeure.
CAIRE grants the Customer a license to use the Site only for personal use and not for any business or commercial use of the Site, and under no circumstances may the Customer download or modify all or any part of the Site without the express prior written consent of CAIRE.
The Customer shall not use techniques to copy any trademark, logo or other information (including images, text, designs) owned by CAIRE without CAIRE’s express prior written consent.
CAIRE authorises the Customer, on a non-exclusive and revocable basis, to create a hypertext link to the home page of the Site provided that such link does not harm the interests of CAIRE. In particular, CAIRE’s interests may be prejudiced by the insertion of a hypertext link that may suggest that the Articles are infringing. CAIRE shall not be liable in any way whatsoever for the creation of such a hypertext link.
PROTECTION OF PERSONAL DATA
The Customer is informed and accepts that their personal data may be collected on the Site and used by CAIRE 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 “General Data Protection Regulation” or “GDPR”).
- the management of Orders and relations with Clients;
- informing Clients of commercial offers and information related to the brand;
- reinforcing and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Client’s preferences noted on the Website;
- improving and personalising the services offered to Clients; and
- compliance with legal and regulatory obligations.
In accordance with the RGPD, the Customer has the right to access, rectify and object to the personal data concerning him/her (hereinafter the “Data Protection Rights”).
SALES OFFERS AND NEWSLETTERS
CAIRE may send Customers information about branded items and sales offers by post, email, text message, telephone or via any of the web spaces run by CAIRE or any of its subsidiaries on social networks, subject to prior acceptance.
The Customer may at any time object at no cost to these commercial prospecting mailings by clicking on the “unsubscribe” link in each email or by making the request via their internet account, by post or by replying STOP by SMS.
This section “COOKIES” allows you to learn more about the origin and use of navigation information processed during the consultation of our Site and the rights of users.
Thus, during the consultation of the CAIRE Site, information relating to navigation is likely to be recorded in “Cookies” files installed on the user’s terminal (computer, tablet, smartphone, etc.).
CAIRE issues these cookies in order to facilitate the user’s navigation on the Site. They may also be issued by the brand’s partners in order to personalise the advertising offer that is sent outside the Site.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 depositing of certain cookies may require the user’s prior consent. In this case, the user, after having been duly informed via the information on the banner dedicated to cookies and the information in the present general terms of sale, expresses his/her consent by continuing his/her visit to the Site.
The cookies have a limited life of 13 months after their first deposit in the user’s terminal equipment.
- The cookies issued by CAIRE
The cookies that CAIRE installs on the user’s terminal make it possible to recognize the browser used to connect to the Site.
CAIRE issues cookies for the following purposes:
- To establish traffic statistics (number of visits, pages viewed, abandonment in the order process, . .) in order to monitor and improve the quality of its services.
- To adapt the presentation of its Site to the display preferences of the terminal.
- Store information entered in forms, manage and secure access to reserved and personal areas such as the customer’s account and shopping cart
- Provide the user with content, including advertising, related to the user’s interests and personalise offers
- Third-party cookies
When the user accesses the Site, one or more cookies from partner companies (“third party cookies”) may be placed on the user’s computer via the pages of our Site or via content displayed in advertising areas.
The cookies placed on the CAIRE Site by service providers used by CAIRE to promote its activities and offerings are designed to:
- To identify the products consulted or purchased on the Site in order to personalise the advertising offer sent.
- To send, if the user has authorised it when registering with these service providers, offers from the brand by email.
The purpose of the cookies contained in the advertising spaces on 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 user can refuse third-party cookies by making the appropriate browser settings.
- Choices regarding cookies
- The user can configure his browser software so that cookies are recorded in his terminal or, on the contrary, that they are rejected, either systematically or according to their sender.
- The user can also configure your browser software so that the acceptance or refusal of cookies is proposed to him punctually, before a cookie is likely to be recorded in his terminal.
- Parameterisation elements of the main browsers :
The user may at any time choose to block or deactivate these cookies by setting the parameters of the internet browser on his/her computer, tablet or mobile phone, in accordance with the instructions established by his/her internet browser provider and listed on the websites mentioned below.
For more information, the user 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-desites-quels-conseils
- On Mozilla Firefox :
Open the “Tools” menu, 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 choose the desired level or follow the following link: http://windows.microsoft.com/frFR/windows-vista/Block-or-allow-cookies
- On Safari :
Choose “Safari > Preferences” 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 (spanner 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 :
The user can also type “cookies” in the “help” section of his or her browser to access instructions for setting the parameters.
CAIRE is not responsible in any way for the content or operation of any of the social networks, including those that may be linked to the Site.
INTELLECTUAL PROPERTY, DOMAIN NAME AND INTERNAL SITE
TCAIRE is the exclusive owner of the intellectual property rights on the following elements, without this list being exhaustive:
- On the Articles offered on the Site, on the brands associated with the Articles;
- On the Site, and in particular on its tree structure, on the organization and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, on its functionalities, on the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and any other element composing the Site ;
- On all elements of design of the Site whether graphic or technical;
- On the names, acronyms, logos, colours, graphics, or other signs that may be used, made or implemented by CAIRE.
CAIRE is also the exclusive owner of the domain names “www.cairestudio.com” MODIFICATION OF THE TERMS AND CONDITIONS APPLICABLE LAW, MEDIATION, DISPUTES
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in this article, as well as to alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements other than in the context of the performance of the present.
In view of possible changes to the Site and regulations, CAIRE reserves the right to modify the GTCs at any time.
Only the GTCs in force at the time of the conclusion of the contract will be enforceable against the Customer.
The new GTCs will, where appropriate, be brought to the attention of the Customer by modification of the dedicated page of the Site. The Customer expressly agrees to the new version of the GTC by validating a new order.
These Terms and Conditions are governed by French law. In the event of a dispute, the Customer shall first contact CAIRE to seek an amicable solution by contacting Customer Services.
After prior written request by the Customer to CAIRE, the Mediation Service may be contacted for any consumer dispute which has not been resolved. To find out how to contact the Ombudsman, click here. In addition, the European Commission has set up an online dispute resolution platform. The platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
Any dispute will fall under the exclusive jurisdiction of the French courts of the Customer’s place of residence, failing amicable agreement between the Customer and CAIRE.
MODIFICATION OF THE TERMS AND CONDITIONS
APPLICABLE LAW, MEDIATION, DISPUTES