GENERAL SALES TERMS AND CONDITIONS

Art. 1. Objet

The present General Sales Terms and Conditions aim at defining, exclusively for the relations that the Parties establish on the Internet network, their respective rights and obligations coming from the online sale of products proposed on the site. These conditions cover all the steps necessary to place an order and ensure the tracking of this order between the contracting Parties.

The Parties agree that their relations are governed exclusively by the present contract. If a condition were missing, it would be considered to be governed by the rules typically used in the remote sale industry for companies that have their headquarters in France.

Art. 2. Products – Prices

2.1 Product
Some of the articles are bought directly from suppliers to create a pre-stock, the others are ordered after the sale based on the number of orders placed by the Buyers. If a product is unavailable after an order has been placed, because of a delivery problem by our suppliers or a stock gap, the Buyer will be informed by email as soon as the information communicated by the supplier or the logistics department is received. The cancellation of the unavailable product and its refund will then be processed, the rest of the order remaining firm and final.

2 .2 Price
Prices are listed before tax in euros or in dollars. The prices listed are guaranteed as long as the products are available in stock, unless there are large modifications of the charges, and unless there is a typographical error or an oversight. The prices listed do not include shipping and handling which will be added to the bill for the order and will be specified to the User during the final validation of the order. Chicstbarth.com reserves the right to change its prices at any time without notice but the Products will be billed based on the prices listed at the time the order is processed, as long as these Products are available. When an order that has been validated includes one or several erroneous elements (price, description, photo, coupon…), Chicstbarth.com reserves the right to cancel and refund it.

2.3 Public price reported
The public price reported that is indicated in the description of each article is mentioned only for information and comparison purposes, and is an estimate by Chicstbarth.com’s supplier of the average sales price of the article in its retail network at the time the article is sold.

Art. 3. Submission and validation of the order

3.1 Navigation on the site
The User can learn about the different Products offered for sale by Chicstbarth.com on its site.
The User can navigate freely on the different pages of the site, without being committed to an order.

3.2 Registration and password
Registration is necessary and mandatory to place an order. The User will have to accurately fill out an “open an account” form that is available in the “My Account” section. He/She will include the information necessary for his/her identification and in particular his/her first name, last name, postal address, email and password.
Chicstbarth.com guarantees the confidentiality of the data transmitted after entry of the password previously mentioned. The User is held responsible for the proper use of the password. He/She is responsible for its safeguarding as well as confidentiality. If the password is lost, the User will have to promptly contact Chicstbarth.com so that a new password can be assigned.
If the User forgot his/her password, he/she can get a new one by clicking on the link “I forgot my password” displayed in the “My Account” section. A form to create a new password will be emailed to the User.
During the account creation process, the User will be able to authorize Chicstbarth.com to email him/her sales invitations as well as news from the Chicstbarth.com team.

3.3 Order submission
The User places his/her order through an Internet connection which enables him/her to navigate on the site. For an order to be accepted, it will have to include all the information necessary for its processing. Moreover, each order signifies acceptation of the General Sales Terms and Conditions, the prices and the descriptions of the products available for sale.
It is not possible to place an order from a country not included in the list of destination countries authorized by Chicstbarth.com.
If the User wishes to place an order, he/she will select the different products of interest to him/her and will indicate his/her interest by clicking on the “Add to basket” button.

At any time, the User will be able to:
- Get a recap of the Products he/she has selected, by clicking on “My basket”
- Continue to select Products by clicking on “Continue my purchases”
- Stop selecting Products and order Products by clicking on “Finalize the order”
To order the Products selected in his/her basket, it is mandatory that the User identifies him/herself, either by entering his email address and password if he/she has already created an account at Chicstbarth.com, or by filling out the “Register” form otherwise.
The User is informed and accepts that the entry of these two identifying elements (email address and password) to access his/her client account is proof of his/her identity and confirms consent.

Once the User has been identified, he/she will have to validate the delivery address and then a recap of the order will be displayed on the screen, specifying: the nature, the quantity and the price(s) of the Product(s) selected by the User, as well as the amount for shipping and handling, the total for the order, the contact information for the User and the delivery address
Chicstbart.com does not have the ability to group together orders which have not been sent.

3.4 Final order validation
After learning about the details of his/her future order, and once all the required information has been entered by the User, he/she will be able to click on “Pay the order” to be able to provide final confirmation of his/her order.
When payment is made by credit card, the User will then have to enter some information about the card used:
- The name on the account
- The card number
- The expiration date
- The security code (3-digit code at the back of the card).

The User is informed that for a real-time payment by credit card, which is a form of payment accepted by Chicstbarth.com on its Internet site, he/she will be making his/her payment via the Chicstbarth.com site which uses the TEP (Terminal for Electronic Payment) system of the bank BNP. The Chicstbarth.com site is secured by S.S.L. (Secure Socket Layer) encryption, which is signed by the VERISIGN organization in order to protect all the payment data as efficiently as possible. The banking data of the User are transmitted to the bank which is also secured by S.S.L. encryption. At no point in time will these data transit through Chicstbarth.com’s computer system. Consequently, Chicstbarth.com can not be held liable.L'Utilisateur peut sauvegarder ses informations bancaires afin de ne plus devoir les saisir à chaque commande.

The User can save his/her banking data so he/she does not have to enter them for each order.
As soon as the User validates his/her payment by credit card, the order is submitted and can not be changed. The User becomes a Buyer. The order slip will be recorded on Chicstbarth.com’s computer system, which is saved on a reliable and lasting medium, and will be considered as proof of the contractual relations between the Parties.

3.5 Order confirmation
After validating his/her payment by credit card (by providing his/her card number, expiration date and security code), a recap of the order of the Buyer will be sent by email, when the order slip is received, to the email address he/she provided at the time of the order. This confirmation will include all the elements that constitute the contract generated between the Parties, as well as an estimated of the shipping date.

Chicstbarth.com recommends that the Buyer keeps or prints the order confirmation email. However, the documents archived in Chicstbarth.com computer system will be considered as legal proof. A recap of the order will also be displayed in the client account.

Art. 4. Paiement

4.1 Order amount
The amount owed by the Buyer is indicated before order validation by the User, as well as on the order confirmation emailed by Chicstbarth.com to the Buyer.

4.2 Payment methods
The payment will only be made on the Internet by credit card (Carte Bleue, Visa, Eurocard/Mastercard, American Express).

4.3 Payment confirmation
The order will be considered valid after confirmation of the banking payment agreement. In case of payment denial by the bank, the order will automatically be cancelled. In any case, Chicstbarth.com reserves the right to refuse any order or delivery in case of dispute with the Buyer, non-payment or partial payment of a previous order by the Buyer, or card payment denial by the banking institutions. In these situations Chicstbarth.com can in no way be held liable in case of dispute.

4.4 Payment timeline
When the Buyer pays with a debit card, the bank account of the Buyer will be debited within 2 to 5 days after submitting the order. This timeline may vary depending on the banking institution.
For a credit card, the amount of the order will be debited from the bank account of the Buyer in the same conditions as any other debit..

4.5 Special condition
Chicstbart.com has implemented a verification procedure to prevent any fraudulent use of the banking information needed to place an order on the Site. As part of this verification, the client will be requested to send to Chicstbart.com (by fax or by mail) a copy of the front and back of his identification card as well as a proof of residence dated within the past three months. The order will only be shipped after these verification documents have been received. Chicstbarth.com reserves the right to refund an order if the documents are not received of if the documents received are not compliant.
Only clients who placed an order for an amount greater than an amount defined by Chicstbart.com will have to provide these verification documents. After submission of his/her order, the Buyer affected by this condition will receive an email from Chicstbarth.com’s customer service.

Art. 5. Delivery

5.1 Shipping timeline
The shipping timeline for an order is an estimate for information purposes only and starts with the day after the validation of the order by the Buyer.
This timeline takes into account the planned timelines for order processing and reception by Chicstbarth.com of the Products on the order. It can in no way be disputed, but an email will be sent to the Buyer in case of an unusual delay.
The average timeline for shipping is between 2 business days and 3 weeks. To this timeline one must add the timeline for the shipping to the delivery address by the mail carrier.
Some of the articles are bought directly from suppliers to create a pre-stock. In general, these articles are shipped within 2 business days.
The others are reserved with partner brands or ordered from the suppliers after a sale based on the number of orders placed by the Buyers. The suppliers then deliver these global orders to Chicstbarth.com’s warehouses. As soon as these deliveries are received, the Logistics Department processes the incoming articles and prepares each of the orders. In this case, the articles are shipped within 10 to 20 after submission of the order by the Buyer, depending on the suppliers’ timelines.
The planned timeline for shipping of an order is based on the article in the order which has the longest timeline. Before validating his/her order, the User will be able to learn about the planned shipping timeline, this information being displayed at the bottom of the “Your basket” page.

5.2 Shipping
Following the shipping of the order, the Buyer will receive an email specifying the package tracking number. The buyer can then track his/her package by clicking on the link provided for this purpose.
Products are shipped to the delivery address indicated by the Buyer in his/her client account. If the buyer has several delivery addresses recorded in his/her client account, he/she can select one before finalizing his/her order and paying for it.
Chicstbarth.com can not be held responsible for shipping delays attributable to mail carriers or carriers in general, or loss of Products during shipping.
Chicstbarth.com commits to ship the order of the Buyer within the planned timeline displayed during the submission of the order. In the cases when this timeline is not met, Chicstbarth.com commits at the client’s request to either (i) compensate the Buyer with a discount coupon, 1€ per day late up to 10.00€, this coupon being only given to the clients who request it from Chicstbarth’s Customer Service, (ii) cancel the order, at the client’s request, and refund it within 3 business days.

5.3 Delivery
Packages are generally delivered within 2 business days after their shipping dates. If the Buyer is not present when the package is presented at the delivery address, a delivery notice will be left by the Carrier in the mailbox of the recipient to inform him/her of the delivery attempt. The Buyer, with an identification card, will then have to claim his/her package at the post office indicated on the notice within 2 weeks. For purchases delivered in a special location for packages, orders will be delivered within 48 hours after shipping. The Buyer will receive a notification by email when his/her package is received at that location. The Buyer will then have to claim his/her package at the location he specified during order submission within 2 weeks. In the case when the Buyer has not been able to claim his/her package, it will be returned to Chicstbarth.com’s warehouses. Chicstbarth.com’s will then offer the Buyer to ship him/her the package a second time for free within Metropolitan France. This procedure also applies to packages returned by the carrier because of an incorrect delivery address or an unknown recipient.
The packages shipped to countries other than Metropolitan France will be put back in stock and the Buyer will immediately be refunded the total amount of his/her order.

5.4 Lost packages
If within 5 business days after shipping of an order the Buyer still has not received his/her package, a delivery notice or specific information via the online tracking of that package, he/she has to go to the nearest post office or special location for packages, with the tracking number for the package available in his/her client account as well as the confirmation email that has been sent to him/her when the package was shipped. If the Carrier can not find any trace of the package, the Buyer will have to contact Chicstbarth.com’s Customer Service as soon as possible.
Customer Service will then open an investigation with the Carrier. The Buyer will receive an email specifying that a mail investigation has been opened and that the response timeline varies between 10 and 30 days from the date the investigation was opened. If the package is found, it will immediately be shipped to the Buyer. If the package is considered lost, Chicstbarth.com will issue a refund for the total amount of the order.

5.5 Non-compliant delivery
Although orders are carefully prepared, some Products in an order may be faulty, missing or non-compliant.
This is why, when receiving an order, the Buyer will make sure to check the compliance of the Products received. Any anomaly in the delivery (missing, broken or non-compliant Product or damaged package) must imperatively be notified within eight (8) days after the package is received to Chicstbarth.com’s Customer Service. Any claim made after this time period will be rejected and Chicstbarth.com will not be held liable.
If the conditions previously mentioned are met, Chicstbarth.com will then either issue a refund for the faulty Product(s) or ship the missing Product (assuming the request from the Buyer is justified). Chicstbarth.com reserves the right to request, at its own cost, the Buyer to return the faulty Product. The refund will be made within a maximum of 3 business days from the date the package is received by Chicstbarth.com.

5.6 Deliveries outside of Metropolitan France
Any order placed on the site and shipped outside of France can be subject to taxes or customs fees potentially. These delivery costs are the responsibility of the Buyer and he/she is responsible for these costs. Chicstbarth.com is not required to inform the User of the taxes or customs fees applicable to the countries where Products are delivered.

Art. 6. Order withdrawal right and returns

The Buyer has eight (8) business days to contact Chicstbarth.com’s Customer Service to obtain a return authorization number. This time period starts on the day the order is received.
The Buyer then has an additional eight (8) business days to return at his/her cost the Product(s) he ordered if it/they is/are not satisfactory to him/her. This time period starts on the day the authorization number previously mentioned is received.
The Products whose orders have been withdrawn must be returned in their original conditioning and packaging to the address communicated by Chicstbarth.com’s Customer Service. The Products must be returned in mint condition so they can be sold again. The Products must come with all their accessories. As part of this right to withdraw orders, for returned Products which will be deemed incomplete, damaged, dirty or not suitable to be sold again, Chicstbarth.com reserves the right to refuse to issue a refund or to discount the amount of the refund.
Each package returned to the address communicated by Chicstbarth.com’s Customer Service without any information to identify the Buyer, and in particular the return number, will not be refunded under any circumstance. No claim by the Buyer will be accepted.
If the conditions previously mentioned are met, Chicstbarth.com will issue, within a maximum of 3 business days from the date Chicstbarth.com received the package, a refund of the payment made by the Buyer, not including however the Products’ shipping and return charges which remain the responsibility of the Buyer. Charges and risks for the returns are the responsibility of the Buyer. Consequently, it is his/her responsibility to keep all the proofs of this return. Chicstbarth.com advises the Buyer to return the articles by certified mail or Colissimo or any other means with the capability to prove the return. The shipping papers should include the following information: address of recipient, shipment date and package number.

Art. 7. Data privacy policy

7.1. Personal information
Providing the personal information collected during the remote sale process is mandatory, this information being necessary to submit, process and deliver orders as well as to generate bills. This information is strictly confidential. If this information is not provided, the order will automatically be rejected.
In compliance with law number 78-17 date January 6, 1978 related to data processing, computer files and individual freedom, the processing of personal information collected on the Site has been the object of a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL). The User has a right to access, modify, correct and delete data about him/her. To exercise this right, the User will have to send a postal mail to Chicstbarth.com’s Customer Service (address mentioned above). In any case, the User will make sure to indicate his/her first name, last name, address and, if applicable, his/her Buyer number.
Finally, Chicstbarth.com may have to communicate personal information to its commercial partners. This way the User may receive commercial offers from third parties. In that regard, it is specified that the User’s postal address may be communicated to Chicstbarth.com’s commercial partners unless he/she specifically refuses. However, his/her email address will only be communicated to these partners with the specific agreement of the User. The User obviously retains the right to refuse such communication, either by not providing his/her consent during the registration process or the validation of an order, or by stating his/her refusal afterwards by postal mail, as per the paragraph above.

7.2. Cookies
The only cookies that Chicstbarth.com creates are those of the session and they will be deleted when disconnecting from the Site.

7.3. Web tags
Some pages on the Web Site may contain electronic images or “Web tags”, which enable to count the number of visitors on the page. These Web tags can be used with some of our partners, in particular to measure and improve the impact of some ads.
In any case, the information collected with these markers is strictly anonymous and simply enables to gather statistics about the visits of some pages on the Site, with the goal of better serving the Users of our Site.

Art. 8. Warranties and liabilities

8.1 Product information
For each article sold on the Site, Chicstbarth.com commits to provide a description card to present its essential characteristics, based on the information provided by the suppliers. Chicstbarth.com does everything possible to provide the User with a maximum of information allowing him/her to know the products before submitting his/her orders.
Although the description cards are carefully written, an error can occur. If the User notices an inconsistency, he/she can contact Customer Service to inform them of this inconsistency. At that point, Chicstbart.com commits to correct these errors as quickly as possible.
The photographs as well as the description cards of the products are not contractually binding and Chicstbarth.com can not be held liable for errors that may exist under any circumstance.
In particular, images and colors of the products displayed on the site may not accurately represent the actual colors of the articles due to the Internet browser used as well as the resolution of the User’s screen.
Chicstbarth.com sells products of premium quality. However, some of the articles sold have “vintage” effects and damages made on purpose and wanted by the manufacturer (holes, discolorations, moustaches, permanents folds…). These articles have been treated to give them a particular aspect. Details added to the fabric are often done by hand. It is therefore impossible to ensure the homogeneity of the articles. It is therefore normal to notice differences between differences between the photograph of the article and the article delivered.

8.2 Product warranties
The warranties of the products sold are written on the description cards. The Buyer who has a faulty article still under warranty must contact Chicstbarth.com’s Customer Service, which will send him the procedure to follow to have it repaired, replaced or refunded. Customer Service may ask the Buyer to contact the supplier directly.
Chicstbarth.com will try his best to provide the Buyer with the contact information for the supplier’s Customer Support.
Under no circumstance will the Buyer be allowed to request an extension of the warranty applicable to a old product.
Chicstbarth.com acts as an agent of the professional suppliers. These suppliers guarantee that the products offered for sale are of premium quality and are shipped in good condition, and don’t have defects of hidden problems making the articles unsuitable for normal use. A warranty will not be valid in case of defects, damages coming from external events, a wrong installation, or use not compliant with the supplier’s indications.

8.3 Liability
Chicstbarth.com is limited to the amount of the order by the Buyer.
Chicstbarth.com can not be implicated for the inconvenience or damages inherent to the use of a computer, a data processing network or the Internet. In particular, Chicstbarth.com can under no circumstance be held liable for a service disruption, an external intrusion or the presence of a software virus.
Chicstbarth.com only has an obligation of merit for all the steps to access the site, in particular browsing, filling out a form, placing an order, paying as well as any other service available on Chicstbarth.com’s site.
Chicstbarth.com can not be held responsible for any material, immaterial and bodily damages generated by the malfunction or wrong use of an article bought on the Site.
It is the User’s responsibility to verify with local authorities the specific aspects related to taxes, declarations, bans, importation or use options for the ordered products. Chicstbarth.com can not be held liable in case the Buyer does not abide by the laws of the country where the products will be delivered.

Art. 9. Intellectual property

All the elements of the Site, whether images or sounds, including the underlying technology, are protected by copyrights, trademarks or patents.

Art. 10. Partial invalidity

If one of the clauses of the current contract would be null and void because of a change in laws, regulations or a legal decision, it would under no circumstance affect the validity and respect of the present general sales terms and conditions.

Art. 11. Entirety of the contract

The present general sales terms and conditions and the recap of the order sent to the Buyer constitute a contractual set and the entirety of the contractual relations established between the Parties.
In case of contradiction between these documents, the general sales terms and conditions will prevail.

Art. 12. Duration

The present conditions apply as long as the Products offered by Chicstbarth.com are available online.

Art. 13. Force majeure

Chicstbarth.com will not be held responsible for the non-execution, total or partial, of its obligations based on the current contract if this non-execution is due to an event of force majeure, in particular in case of disruption or strike, total or partial, of postal services and means of transportation and/or communication, flooding or fire.
Events considered to be of force majeure are those meeting the criteria defined by the jurisprudence of the Supreme Court.
When an event of force majeure occurs, Chicstbarth.com will make the User/Buyer aware of this event within five (5) business days after the event of the threat of the event.
The Parties agree that they will have to consult each other as soon as possible to jointly determine how to execute the order during the case of force majeure.
Beyond a one (1) month interruption because of a force majeure event, Chicstbarth.com will have the right not to honor the order, and will have to issue a refund to the Buyer if applicable.

Art. 14. Applicable law and attribution of competence

The applicable law for the present conditions is the French law. The attribution of competence in case of dispute, without an agreement between the parties, is granted to the competent courts of Basse Terre in Guadeloupe, without regards to the multiplicity of litigants and/or appeal in warranty, even for the rush procedures or the conservatory procedures in chambers or by request.