General terms of sale
The company ALFISTE – COTON DOUX (hereafter named COTON DOUX or the Vendor) is a limited liability company with an authorized capital of 100,000 euros, whose registered office is located 37 rue de Turenne in Paris, France (75003), and registered at the Paris Register of Companies under the number 400 227 609.
3-Prices and orders on the website
4-Customs duties and other import taxes
5-Payment of the price
7-Property transfer – Risk transfer
9-Responsibility of the supplier – Guarantee
10-Information technology and civil liberties
11-Contact details of the company
12-Choice of law – Disputes
ARTICLE 1 – Scope
The present general terms of sale are accessible at any time on cotondoux.com and are a translation of the french general terms of sale. Please note that french general terms of sale will prevail on all other differents versions.
The present general terms of sale apply, with no restrictions or reserves, to the products on sale by COTON DOUX on its website www.cotondoux.com (hereafter named the ‘Website’).
These are the following products and services: suits, shirts, belts, ties, fashion accessories for men, however this list is not restrictive.
Consequently, a physical or moral person (hereafter named the ‘Client’) ordering from the COTON DOUX Website implies full acceptance of the present general terms of sale (hereafter the ‘GTOS’).
The GTOS will remain in force until a new version is published online, that is why before confirming any order, the Client will have to consult and confirm the GTOS.
COTON DOUX reserves the possibility to adapt or change at any moment the GTOS. In case of changes, the version of the GTOS applied to each order will be the one in force on the day the order is placed.
ARTICLE 2 – Property
The Website, its contents and the elements that make it up are creations for which COTON DOUX and/or, if need be, its partners, hold all the intellectual property rights and/or exploitation rights, particularly regarding copyright, database law, trademark law, and the law related to drawings and models.
The Website, along with the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds or all other data contained by the Website remain the exclusive property of COTON DOUX or, if need be, of their respective partners with whom the latter have passed usage agreements.
The Client is granted a non exclusive usage right, non transferrable and in a private setting, of the Website and data contained by the Website. The right thus granted consists in (i) a right to consult online the data and information contained on the Website and (ii) a reproduction right that consists in printing and/or saving consulted data and information. This usage right is to be understood solely for strictly private use.
All other use of the website, especially commercial, on behalf of the Client is forbidden. The Client refrains particularly, non-exhaustively, from reproducing and/or representing for use other than private, selling, distributing, broadcasting, translating, adapting, spreading and communicating in full or in part under any form any element, information or data from the Website.
Besides, the Client refrains from introducing, by any means, data that are likely to change or affect the contents or presentation of the Website.
Any hypertext link with the Website, whatever the type of link, must first be subjected to a written authorization by COTON DOUX, acting in the name and for the count of the holder of the appropriate right, on paper or electronic device.
ARTICLE 3 - Prices and orders on the website
For the goods sold in other countries, the prices on the website can be show in Euros, in Dollar or in Pound Sterling, without the shipping fees and customs charges, and without the fees or commissions applied by the Client’s bank.
COTON DOUX reserves the right to change the prices of products and services sold on the Website at any moment and without notice.
The price shown in the order confirmation by COTON DOUX is the definitive price. The payment itself will only be considered definitive after the funds have been collected by COTON DOUX.
COTON DOUX confirms the acceptance of order to the Client through the e-mail address the latter has provided. The sale will only be complete from the moment the order has been confirmed.
COTON DOUX reserves the right to cancel any order by a Client with whom there exists a dispute regarding the payment of a former order. The information provided by the Client as the order is placed is binding: in case of a mistake in the wording of the contact information of the recipient, the vendor cannot be held responsible if the product cannot be delivered.
Any purchase order confirmed by the Client by a ‘double click’ (order confirmation in two steps) constitutes an irrevocable acceptance of the sales contract which can only be questioned within the limits provided by the present general terms of sale in the name of a ‘retraction right’ and ‘stock shortage’.
The procedure of placing an order by ‘double click’ combined with the authentication procedure and the protection of the integrity of messages constitutes the validation of the sales contract.
Unless otherwise agreed, any change in the order by the Client can only be taken into consideration if it reaches COTON DOUX in writing before the price is effectively collected.
In case the changes should not be accepted by COTON DOUX, the amounts paid by the Client will be refunded.
It is expressly agreed that, barring any obvious errors made by COTON DOUX of which the Client could give proof, the data preserved in COTON DOUX’s information system have a conclusive force regarding orders placed by the Client.
ARTICLE 4 – Customs duties and other import taxes
Any order placed on the website COTON DOUX and shipped outside the European Union can be submitted to possible taxes and customs duties, payable when the parcel arrives in its country of destination. These customs duties and possible taxes are chargeable to the Client and are his or her responsibility. COTON DOUX is under no obligation to check and inform the Client of applicable customs duties and taxes.
ARTICLE 5 – Payment of the price
Payments are made by bank card with order. In this case, payments are made on the website of COTON DOUX’s banking partner.
The information regarding your bank card is submitted to a secure transmission (SSL 128 bit encryption) directly to COTON DOUX’s banking partner’s website. They are not sent through COTON DOUX’s server. COTON DOUX only memorises the means of payment used.
As a way of fighting internet fraud, information about your order will be passed on to our services for verification.
This data processing aims at defining a level of analysis for a transaction and to fight bank card fraud.
The merchant with whom you make your purchase is the recipient of the data related to your order. The non-transmission of data related to your order prevents the completion and analysis of your transaction.
The occurrence of an overdue payment due to the fraudulent use of a bank card will lead to the contact details related to the order associated with overdue payment to be added to a file of payment incidents. An irregular declaration or an anomaly can also be subjected to specific processing.
In accordance with the Computer Technology and Civil Liberties law of 6th January 1978, you have at any moment the right to access, rectify and object to all your personal data by contacting us in writing and proving your identity.
COTON DOUX cannot be considered responsible for prejudices linked to an error in the debited amounts, whether these prejudices find their cause in a breakdown or a technical problem linked to the internet, in the actions of a third party or a bank, or in any cause that be.
COTON DOUX reserves the right to refuse to make a shipment or to fulfill an order placed by a consumer who has failed to make the payment in full or in part of a previous order, or with whom a payment dispute is being processed.
ARTICLE 6 – Delivery
After the order confirmation, COTON DOUX commits itself to delivering by post or any other transporter all the references ordered by the Client, under the condition of their availability, within 48 business hours at the most. For deliveries in France, La Poste commits itself by contract with COTON DOUX to deliver the order to the address with which the buyer has provided COTON DOUX.
COTON DOUX through cotondoux.com commits itself to making its best efforts to deliver products ordered by the Client by the deadline specified above. This time period is mentioned as an indication and a possible delay cannot lead to any damages, deduction or cancellation of the order by the Client. However, if the ordered products have not been delivered within a 7-day period after the indicative delivery date, for any cause except force majeure, the sale can be cancelled after a written demand from the Client or the Vendor. The amounts paid by the Client will in that case be returned within a 30-day period, with the exclusion of any compensation or deduction.
In case of apparent faults, the buyer benefits from the right to return under the conditions provided in the GTOS.
The following are considered cases of force majeure relieving the Vendor of the obligation to deliver: war, rioting, fire, accidents and the impossibility to be supplied. Goods always travel at the risks and perils of the recipient, even when the order is addressed to another recipient.
The Client will always have to check the parcel on arrival, and will have a three (3)-day period from the reception of the products to make a complaint with the transporter in case of missing products or degradation of delivered products. After this delay, the products will be considered in accordance with the order and exempted from any apparent flaws. After this three (3)-day period, the Client keeps the benefit of his or her right to retract as well as the legal guarantees under the conditions mentioned in articles 8 and 9 of the GTOS.
For reasons of availability, an order can be delivered in several batches to the Client. The Client only pays for one delivery. If the Client wishes to have 2 delivery addresses, he or she has to place 2 distinct orders and will have to pay the respective shipping fees of these two orders.
ARTICLE 7 – Property transfer – risk transfer
The property transfer of COTON DOUX products for the benefit of the Client shall only be made after the full payment of the price by the latter, whatever the delivery date of said products.
However, the risk transfer for loss and deterioration of COTON DOUX products will be complete by the time the Client receives the products.
ARTICLE 8 – Retraction right
In accordance with article L121-20 of the consumption code, the Client has a 30-day period from the reception of the products to inform COTON DOUX of his or her will to use his or her retraction right. When the 30-day period expires on a Saturday, a Sunday or a public holiday, it is extended to the first following business day.
This retraction right only applies to products and services ordered on the Website.
The products must be returned to us at the following address:
Service Client – Cotondoux.com, 37 rue de Turenne 75003 PARIS (France).
In order to make the processing of your order easier and faster, we recommend you comply to the following procedure.
Any exchange or refund will only be accepted under the condition that the products are returned by post with a request for an acknowledgement of receipt in their original packaging and in perfect condition within 10 business days after their reception.
If your product is not the right size, we can exchange it or refund the money.
To proceed, you must:
- Contact us within 8 days by e-mail and send us your request (order number, the product in question and the new size you wish to have).
- If there was a mistake on our behalf, on receipt of your ‘return’ parcel, we will send you the correct article, pay for the postal fees and refund your fees (send us the proof of payment from the post office).
- If there was a mistake on your behalf (e.g. size/colour) or a change of mind, on receipt of your request we will indicate the postal fees to pay for us to ship back the new product. When you send us the returned item, you will have to add a check for the amount we will have indicated and also add the bill, specifying your exact requirements (e.g. size or colour).
WARNING: Any product used by the Client will be neither refunded nor exchanged, however we accept that you unwrap the items to try them so long as you fold them neatly and send them back in their packaging with their original labeling.
As a hygiene precaution, the Client’s right to retract, as well as his or her requests for an exchange or a refund, regarding underwear shall be strictly limited to items that have not been worn and have been sent back in their original condition and packaging.
COTON DOUX is not responsible for lost returns, the parcel must be sent by the Client, by registered post with an acknowledgement of receipt.
COTON DOUX is obliged to exchange or refund amounts paid by the Client, without any fees, apart from the return fees. The refund is due within a 30-day period at the most after the products have been received.
WARNING: items received that have been altered, washed, are incomplete, damaged or dirty, not properly folded and not accompanied by their original accessories will not be accepted for return.
ARTICLE 9 – Responsibility of the supplier – Guarantee
- COTON DOUX accepts towards the Client the responsibility pertaining to the delivered products, in accordance with the regulations in force, and consequently guarantees the Client against all complaints or claims, judicial or out of court, resulting from damages caused to goods or people, due to said products or services.
- COTON DOUX also protects the Client, in accordance with legal requirements, against any hidden flaw affecting the delivered products or provided services and making them unfit for use, as well as against damageable consequences that could result.
COTON DOUX only protects the Client, regarding hidden flaws that can affect the delivered products, within the frame of a replacement of faulty products, or of the parts making it unfit for use, without the possibility of being considered responsible for possible damageable consequences these hidden flaws could have caused.
- The products sold on the Website are in compliance with the legislation in force in France.
The Client is solely responsible for the choice of products, for their conservation and use.
- COTON DOUX shall be considered neither responsible nor faulty for any delay or non-fulfillment consequent to a case of absolute necessity usually recognized by French jurisprudence.
ARTICLE 10 – Information technology and civil liberties
The Website www.cotondoux.com has been declared with the CNIL, the board which enforces law on data protection, under the number 111984.
By enforcement of law n° 78-17 of 6th January 1978 modified by law n° 2004-801 of 6th August 2004, it is reminded that name specific data asked of the Client are necessary for orders to be processed and are destined for internal use by COTON DOUX. This name specific data can however be passed on to a third party, a partner of the Vendor. This IT processing has been subjected to a declaration with the CNIL (National Commission for information technology and civil liberties).
The Client has a right to access, change, rectify and oppose the information regarding him or her. A regular postage letter can be sent to the COTON DOUX company or by e-mail to the following address: firstname.lastname@example.org
While browsing the website www.cotondoux.com, a cookie can be planted on the Client’s computer.
A cookie does not enable us to identify the Client. However it enables us to record information regarding the computer’s browsing of www.cotondoux.com which can be read during future visits, namely times and dates of browsing, viewed pages, etc.
Personal data collected by COTON DOUX can be transferred abroad within the European Union or outside the EU in countries that ensure adequate personal data protection.
The Client can oppose recording ‘cookies’ by configuring the browser.
Some services require the Client accept cookies. If the browser is set to refuse them, access to these services can be altered or impossible.
ARTICLE 11 – Contact details of the company
SARL ALFISTE – COTONDOUX.com
37 rue de Turenne
75003 Paris France
64 rue Edith Cavell
ARTICLE 12 – Choice of law – Disputes
The GTOS as well as all operations made on the Website are governed by French law.
Claims or disputes will always be received with attentive kindness, with a presumption of good faith in the person taking the trouble to present the situation. In case of a legal dispute, the Client will first turn to the company in order to reach an amicable solution.
The fact that COTON DOUX or the Client may not act in accordance with the GTOS does not constitute a waiver of the right to act, unless otherwise specified in writing.