GENERAL TERMS AND CONDITIONS OF SALES

ARTICLE 1 : SCOPE OF APPLICATION :

These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor (SAS CÔTOYER) on the website that it owns, www.cotoyer.fr website.

The Products offered for sale on the site are the following: artisanal, eco-friendly and vegan shoes and belts.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.cotoyer.fr website which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed.

These General Terms and Conditions of Sale are available at all times on the www.cotoyer.fr website and shall prevail over any other document.
The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before placing an order online a www.cotoyer.fr website
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Vendor's contact details are as follows:

SAS CÔTOYER

Social capital of 2000 euros
Registered with the RCS of LYON under number 980221287

2 Rue Coysevox Bureau 3

69001 LYON, FRANCE

Email : contact@cotoyer.fr
Phone number : +33 06 50 93 35 37

Intracommunity French VAT number FR39980221287

The Products presented on the www.cotoyer.fr website website are offered for sale in the following territories:

Worldwide, except North Korea and Russia.

In the event of an order to a country other than metropolitan France or French overseas departments and territories, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, customs duties or other local taxes, import duties or state taxes may be payable. The Customer is solely responsible for any such charges.

ARTICLE 2 - PRICES :

The Products are supplied at the current prices shown on the www.cotoyer.fr websitewebsite when the order is registered by the Vendor.
Prices are expressed in Euros and include VAT.
Prices take into account any discounts granted by the Vendor on the www.cotoyer.fr website.
These prices are firm and non-revisable during their period of validity, but the Vendor reserves the right to modify them at any time outside their period of validity.
Prices include shipping costs, which are borne by the Seller, and only for the shipment of the item to the customer's destination.
The payment requested from the Customer corresponds to the total amount of the purchase.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – ORDERS :

It is the Customer's responsibility to select the Products he/she wishes to order on the www.cotoyer.fr website website, according to the following procedures:
The customer chooses one or more products, which he will add to his basket, products which he may delete or modify before validating his order and accepting the present terms and conditions of sale. He will then enter his contact information, or connect to his customer account if he has created one, and validate his order. Once the information has been validated, the order will be considered definitive and will require payment by the customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will not be considered valid until full payment has been received. It is the customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on www.cotoyer.fr website website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the site.
Once an order has been confirmed, it is processed automatically and cannot be canceled.
This system is valid as long as delivery has not taken place (independently of the provisions relating to the application or non-application of the legal right of withdrawal).

ARTICLE 4 - TERMS OF PAYMENT :

The price is paid by secure payment as follows:
● Payment by credit card.
● Payment by PayPal (in 1 installment, or 4 installments free of charge).
The price is payable in 1 installment by the Customer, in full on the day the order is placed (excluding Paypal 4 times payment).
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.cotoyer.fr website .
For payments by PayPal, payment data is exchanged in encrypted mode using the protocol defined by PayPal, on the window opened for this purpose, in which the customer must fill in the information requested by PayPal.
Payments made by the Customer will not be considered final until the Seller has received the sums due.
The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - DELIVERY :

Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s):

Worldwide excluding North Korea and Russia.

Deliveries are made within 1 to 2 working days for metropolitan France and bordering countries (Belgium, Germany, Switzerland, Spain, Italy); 2 to 4 working days for the rest of Europe and 2 to 7 working days for the rest of the world, to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request of the Customer under the conditions set out in the preceding paragraphs. L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be reimbursed to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by the carrier DHL, to the address given by the Customer at the time of ordering and to which the carrier has easy access.
Delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of transported goods.
The Customer must check the condition of the products delivered. He/she has 14 days from the date of delivery in which to send a complaint by e-mail to contact@cotoyer.fr together with all supporting documents (photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint will be validly accepted by the Seller.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk. In this respect, the risks are transferred at the time the goods are handed over to the carrier.
If you notice any damage to the package upon receipt by your delivery person, i.e. if the tape on the shipping carton is torn, or the shipping carton is open and/or has large holes in it and/or is damaged, please notify your DHL delivery person, take photos and videos, and send them to us at contact@cotoyer.fr

ARTICLE 6 - TRANSFER OF OWNERSHIP :

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL :

In accordance with article L221-18 of the French Consumer Code, “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good”.
The right of withdrawal may be exercised by e-mail to contact@cotoyer.fr or by post addressed to the Vendor at the address given in ARTICLE 1 of the GTCS, or using any other unambiguous statement expressing the wish to withdraw.
Returns are to be made in their original condition and complete (all parts of the packaging, i.e. the box, the Furoshiki fabric protecting the items, the certificate in its unopened envelope, and all in new, flawless condition) to enable them to be used again, in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned. Return postage is free of charge for Metropolitan France and the European Union only. In the rest of the world, return costs and any related taxes are at the Customer's expense. The customer is also responsible for scheduling a reliable and secure shipment.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES :

The Products supplied by the Vendor benefit from:

● the legal warranty of conformity, for defective, spoiled or damaged Products or Products not corresponding to the order ;

● the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use ;

Provisions relating to legal warranties :

Article L217-4 of the French Consumer Code:

“The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

Article L217-5 of the French Consumer Code:

“The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labeling ;
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 seller's attention and accepted by the latter.”

Article L217-12 of the French Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article 1641, of the French Civil Code:

“The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”

Article L217-16 of the French Consumer Code:

“When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the purchaser's request for service or from the date the goods in question are made available for repair, if this is subsequent to the request for service.”
In order to assert his rights, the Customer must inform the Vendor in writing (paper, or email) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. Reimbursement will be made on the payment method used by the Customer at the time of payment.

The Vendor may not be held liable in the following cases:

● non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check ;

● in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of non-conforming Products or Products affected by a defect.

ARTICLE 9 - PERSONAL DATA :

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of Products by the Vendor as well as for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data: The personal data collected on the www.cotoyer.fr website is as follows:
Ordering Products:When ordering Products by the Customer: Names, first names, postal address, telephone number and e-mail address.
Payment: In the context of payment for Products offered on the www.cotoyer.fr website the latter records financial data relating to the Customer's bank account or credit card.

9.2 Recipients of personal data: Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of Products

The category(ies) of co-contractor(s) is (are):

● Transport provider (DHL)

9.3 Data controller :

The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

The Seller's contact details are detailed in the article 1 of the current General Terms and Conditions of Sales.

9.4 Limitation of processing: Unless the Customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Data retention period: The Seller shall retain the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality: The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of customer and user rights: Pursuant to the regulations applicable to personal data, customers and users of the www.cotoyer.fr website have the following rights:

They may :

● Update or delete their personal data ;

● Request the deletion of their account ;

● Exercise their right of access to their personal data ;

● If the personal data held by the Seller is inaccurate, they may request that the information be updated ;

● Request the deletion of their personal data, in accordance with applicable data protection laws ;

● Request the portability of data held by the Seller to another service provider ;

● Finally, they may object to the processing of their data by the Vendor.

These rights, provided they do not object to the purpose of the processing, may be exercised by sending a request by post or E-mail to the Data Controller whose contact details are given above.
The data controller must reply within a maximum of one month.
Any refusal to grant the Customer's request must be justified.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be invited, when validating his order, to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. They may withdraw their consent at any time by contacting the Vendor or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY :

The content of the www.cotoyer.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE :

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These GCS are written in French in their original form. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - DISPUTES :

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the designated mediator is :

Tribunal de commerce de Lyon
44 Rue de Bonnel, Rue Servient Entrée 67, 69003 Lyon

https://www.greffe-tc-lyon.fr/
E-mail : rcs@greffe-tc-lyon.fr.

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase or sale transactions concluded in application of these GTS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.