Terms of sale

Article 1 – Seller Identification CHAPOGET 83 rue de Rennes – 75006 PARIS – France RCS PARIS 921 247 086 Email: contact@chapoget.com Website: www.chapoget.com

 

Article 2 – Scope of the General Terms and Conditions of Sale These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by CHAPOGET ("the Seller") to consumers and non-professional buyers ("the Customers" or "the Customer") (also referred to individually as "a Party" and collectively as "the Parties") wishing to purchase the products offered for sale by the Seller ("the Products") on the website www.chapoget.com.

They specify, in particular, the conditions for ordering, payment, delivery, and management of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by specific conditions stated on the website before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.

These General Terms and Conditions of Sale are systematically communicated to every Customer prior to placing an order and shall prevail, where applicable, over any other version or contradictory document.

They are accessible at any time on the website www.chapoget.com.

The Customer acknowledges having read these General Terms and Conditions of Sale and having accepted them before placing their order. The validation of the order by the Customer constitutes unconditional acceptance of these General Terms and Conditions of Sale.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the time the order is placed.

Modifications to these General Terms and Conditions of Sale are binding on users of the website www.chapoget.com from the time they are posted online and cannot apply to transactions concluded previously.

 

Article 3 – Products Offered for Sale The Products offered for sale on the website www.chapoget.com are as follows: Travel items, luggage, small leather goods, and accessories.

The main characteristics of the Products, including all substantial information required by applicable regulations—such as specifications, illustrations, and indications of dimensions or capacity—are presented on the website www.chapoget.com in the product sheets and the Seller's catalog.

The Customer is required to review this information before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website www.chapoget.com are not contractual and cannot engage the Seller's liability.

The Customer must refer to the description of each Product to learn about its properties, essential features, delivery times, and, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French and is subject to confirmation no later than the time of order validation by the Customer.

Product offers are valid within the limits of available stock, as specified at the time the order is placed.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) effective May 25, 2018, the Customer has, at any time, the right to access, rectify, object to, delete, and port all their personal data by writing, by mail, and by justifying their identity, to the Seller's address mentioned above.

The Customer acknowledges having the legal capacity to contract and acquire the Products offered on the website www.chapoget.com.

 

Article 4 – Orders 4-1. Placing an Order It is the Customer's responsibility to select the Products they wish to order on the website www.chapoget.com.

The Customer can review the details of their order, its total price, and correct any errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and immediately report or correct any errors.

The registration of an order on the website www.chapoget.com is completed when the Customer accepts these General Terms and Conditions of Sale by checking the designated box and validating their order. This validation implies acceptance of all these General Terms and Conditions of Sale, as well as the general terms of use of the website www.chapoget.com.

The sale is only final after the Customer receives an email confirming the acceptance of the order by the Seller, which must be sent promptly and after the Seller has received full payment.

Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the procedures described above, on the website www.chapoget.com, constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

The Customer can track the progress of their order on the website www.chapoget.com.

4-2. Modification of the Order Once confirmed and accepted by the Seller under the conditions described above, the order cannot be modified.

4-3. Cancellation of the Order Orders can be canceled by the Customer, except in the exercise of the right of withdrawal or force majeure, before the confirmation of the shipping date of the ordered Products and before the confirmation of any customization, without charge to the Customer.

This provision does not apply to the commercial offer known as "PRE-ORDER."

 

Article 5 – Prices The Products are supplied at the prices in effect listed on the website www.chapoget.com at the time the order is registered by the Seller. Prices are expressed in Euros, excluding and including VAT.

Prices take into account any discounts granted by the Seller on the website www.chapoget.com.

These prices are firm and non-revisable during their period of validity, as indicated on the website www.chapoget.com, with the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport, and delivery fees, which are invoiced separately, under the conditions indicated on the website www.chapoget.com, and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport, and delivery costs, as calculated prior to order validation by the Customer, are entirely their responsibility.

The amount requested from the Customer corresponds to the total purchase amount, including these fees.

An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

Any price reduction announcement must indicate the price charged by the Seller before the price reduction, with this previous price defined as the lowest price charged by the Seller to all Customers during the thirty days preceding the application of the price reduction.

 

Article 6 – Payment Terms The Products offered by the Seller are delivered to the Customer in exchange for a price.

Any advance payment on the price, deposit, or down payment earns interest at the legal rate upon the expiration of a three-month period from the payment date and until the delivery date (Article L 214-2 of the Consumer Code).

The price is payable in full on the day the order is placed by the Customer, using one of the payment methods available on the website www.chapoget.com.

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the refund of the corresponding amounts.

Payment data is exchanged in encrypted mode.

In the event of late payment and non-payment of the sums due by the Customer beyond the deadlines set above, and after the payment date indicated on the invoice sent to them, late payment penalties calculated at a monthly rate of 10% of the total amount including VAT of the purchase price, plus shipping costs, indicated on said invoice, will be automatically and fully acquired by the Seller, without any formality or prior notice.

Furthermore, any late payment automatically results in the application of a flat-rate indemnity of forty (40) Euros, without prejudice to late payment penalties.

Late payment will also result in the immediate exigibility of all sums due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this regard.

Additionally, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of ongoing orders placed by the Customer.

No additional fee, exceeding the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.

 

Article 7 – Delivery of Ordered Products The delivery of the Products is understood as the transfer to the Customer of physical possession or control of the ordered Products.

In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the provision of the user manual, installation instructions, and a written notice mentioning the possibility of making reservations.

"The Products ordered by the Customer will be delivered to the address indicated by the Customer when placing their order (in a country listed on the website www.chapoget.com and at an address suitable for delivery) within the shipping time indicated on the Product sheet, to which is added the processing and transit time to the address indicated by the Customer when placing their order on the website www.chapoget.com.

Unless otherwise specified or if one or more Products are unavailable, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the timeframes specified above.

However, these timeframes are provided for information purposes only.

If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the Customer may notify the Seller, under the conditions provided for in Article L 216-6 of the Consumer Code:

• Either the suspension of payment of all or part of the price until the Seller fulfills its obligations, under the conditions provided for in Articles 1219 and 1220 of the Civil Code (exception of non-performance),
• Or the termination of the sale, after having put the Seller on notice to perform within an additional reasonable timeframe not respected by the Seller.

The termination may be immediate if the Seller refuses to perform or if it is clear that it will not be able to deliver the Products, or if the non-compliance with the delivery deadline constituted, for the Customer, an essential condition of the sale.

In the event of termination of the sale, the sums paid by the Customer will be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are carried out by an independent carrier, to the address specified by the Customer when placing the order and to which the carrier can easily access.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no recourse against the Seller in the event of failure to deliver the transported goods.

In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, with the prior acceptance of the Customer.

The Customer is required to check the condition of the delivered Products. They have a period of 30 days from delivery to submit, by postal or electronic mail, any reservations or claims for non-conformity, defects, or apparent flaws in the delivered Products (e.g., damaged package already opened...), as well as in the event of failure to provide the user manual or installation instructions, with all supporting evidence (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect.

It is recalled that the absence of reservations made by the Customer upon delivery of the Products does not exempt the Seller from the guarantee of conformity, as described below.

 

Article 8 – Transfer of Ownership – Transfer of Risks The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage related thereto will only take place when the Customer physically takes possession of the Products, which therefore travel at the risk and peril of the Seller, unless the Customer uses a carrier they have chosen themselves, independent of the Seller, in which case the transfer of risks is carried out at the time the ordered Products are handed over by the Seller to the carrier chosen by the Customer.

 

Article 9 – Right of Withdrawal In accordance with the applicable legal provisions, the Customer has a period of fourteen days from receipt of the Products to exercise their right of withdrawal with the Seller, without having to justify their reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days (no later than 14 days following the communication of the withdrawal decision) after notifying the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), allowing them to be put back on the market as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on the website www.chapoget.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other unambiguous statement expressing the intention to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remain the responsibility of the Customer.

The refund will be made within a period of 14 days (no later than 14 days) from the date of notification to the Seller of the withdrawal decision.

 

Article 10 – Seller's Liability – Warranty The Products sold on the website www.chapoget.com comply with the regulations in force in France and have performance compatible with non-professional uses.

The Products supplied by the Seller benefit, by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

• The legal guarantee of conformity, for Products that are apparently defective, damaged, or do not correspond to the order,
• The legal guarantee against hidden defects arising from a material, design, or manufacturing defect affecting the delivered Products and making them unsuitable for use.

10-1. Legal Guarantee of Conformity The Seller undertakes to deliver a product that conforms to the contractual description as well as the criteria set out in Article L217-5 of the Consumer Code.

The Seller is liable for conformity defects existing at the time of delivery of the Products and which appear within a period of two years from that date.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, with the limitation period beginning to run on the day the Customer becomes aware of the conformity defect.

Conformity defects that appear within a period of twenty-four months, or twelve months if it is a second-hand item, from the delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.

In the event of a conformity defect, the Customer may demand that the delivered Products be brought into conformity by repair or replacement or, failing that, a price reduction or the cancellation of the sale, under the legal conditions.

They may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled the obligations incumbent upon it under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.

It is the Customer's responsibility to request from the Seller that the Products be brought into conformity, choosing between repair and replacement. The Product must be brought into conformity within a period not exceeding thirty days following the Customer's request.

The repair or replacement of the non-conforming Product includes, where applicable, the removal and collection of the Product as well as the installation of the Product brought into conformity or replaced.

Any Product brought into conformity under the legal guarantee of conformity benefits from an extension of this guarantee for six months.

In the event of replacement of the non-conforming Product, when, despite the Customer's choice, conformity has not been achieved by the Seller, the replacement gives rise, for the benefit of the Customer, to a new period of legal guarantee of conformity, from the delivery of the replaced Product.

If the requested conformity cannot be achieved or would incur disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse to do so. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution of the initially requested solution, in accordance with Articles 1221 and following of the Civil Code.

The Customer may finally request a price reduction or the cancellation of the sale (unless the conformity defect is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

When the conformity defect is so serious that it justifies an immediate price reduction or cancellation of the sale, the Customer is not required to first request the repair or replacement of the non-conforming Product.

The price reduction is proportional to the difference between the value of the delivered Product and the value of this product in the absence of the conformity defect.

In the event of cancellation of the sale, the Customer is refunded the price paid in exchange for the return of the non-conforming Products to the Seller, at the Seller's expense.

The refund is made upon receipt of the non-conforming Product or proof of its return by the Customer and no later than fourteen days thereafter, using the same means of payment as that used by the Customer during payment, unless the Customer expressly agrees otherwise and in any case without additional fees.

The above provisions are without prejudice to the possible allocation of damages to the Customer for the prejudice suffered due to the conformity defect.

10-2. Legal Guarantee Against Hidden Defects The Seller is liable for hidden defects under the legal guarantee against hidden defects arising from a material, design, or manufacturing defect affecting the delivered Products and making them unsuitable for use.

The Customer may decide to invoke the guarantee against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, they may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

10-3. Exclusion of Guarantees The Seller's liability cannot be engaged in the following cases:

• Non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify before placing their order,
• In the event of misuse, professional use, 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.

Box inserted in the General Terms and Conditions of Sale in application of the provisions of Article D 211-2 of the Consumer Code concerning the legal guarantees of conformity and hidden defects:

The consumer has a period of two years from the delivery of the product to obtain the implementation of the legal guarantee of conformity in the event of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance. When the sales contract for the product provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date of its appearance. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the product. The legal guarantee of conformity gives the consumer the right to have the product repaired or replaced within thirty days of their request, without cost and without major inconvenience. If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the product, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the product. The consumer can obtain a reduction in the purchase price while keeping the product or terminate the contract by being fully refunded in exchange for the return of the product, if: 1° The professional refuses to repair or replace the product; 2° The repair or replacement of the product occurs after a period of thirty days; 3° The repair or replacement of the product causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of collecting or removing the non-conforming product, or if they bear the costs of installing the repaired or replaced product; 4° The non-conformity of the product persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the product or the termination of the contract when the conformity defect is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to first request the repair or replacement of the product. The consumer is not entitled to the cancellation of the sale if the conformity defect is minor. Any period of immobilization of the product for its repair or replacement suspends the remaining guarantee period until the product is returned to its original state. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the product is kept or a full refund in exchange for the return of the product.

 

Article 11 – Protection of Personal Data In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of their order and the issuance of invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated via the website www.chapoget.com complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.

The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning information about them.

The Customer, upon finding that a violation of the General Data Protection Regulation has been committed, has the possibility to mandate an association or organization mentioned in Article 43 ter IV of the French Data Protection Act of 1978, in order to obtain, against the data controller or processor, compensation before a civil or administrative court or before the French Data Protection Authority (CNIL).

 

Article 12 – Intellectual Property The content of the website www.chapoget.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

 

Article 13 – Unforeseen Circumstances In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

 

Article 14 – Force Majeure The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, as defined in Article 1218 of the Civil Code.

 

Article 15 – Termination Procedures It is recalled that, in accordance with legal provisions, electronic termination of the contract is possible when the contract has been concluded electronically or when, on the day of termination, the Seller offers Customers the possibility of concluding contracts electronically.

To this end, a free feature is made available to the Customer, allowing them to electronically carry out the notification and all the steps necessary for the termination of the contract, which the Seller must acknowledge by informing the Customer, on a durable medium and within a reasonable time, of the date on which the contract ends and the effects of the termination.

 

Article 16 – Applicable Law – Language These General Terms and Conditions of Sale and the operations resulting therefrom are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

 

Article 17 – Disputes All disputes that may arise from the purchase and sale operations concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under common law.

The Customer is informed that they may, in any case, resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (e.g., conciliation) in the event of a dispute.

If the dispute must be brought before the courts, it is recalled that, in application of Article L 141-5 of the Consumer Code: the consumer may choose to bring the case before one of the territorially competent courts under the Code of Civil Procedure, or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the damaging event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.

 

Article 18 – Pre-Contractual Information – Customer Acceptance The Customer acknowledges having been informed by the Seller in a legible and understandable manner, through the provision of these General Terms and Conditions of Sale, prior to their immediate purchase or the placement of the order, and in accordance with the provisions of Article L 221-5 of the Consumer Code:

• About the essential characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity, allowing them to acquire the Products with full knowledge of the facts, particularly regarding their conditions of use. The photographs and graphics presented are not contractual and cannot engage the Seller's liability. The Customer is required to refer to the description of each Product to learn about its properties and essential features.
• About the price of the Products and additional fees, or, in the absence of payment of a price, about any benefit provided in lieu of or in addition to it, and about the nature of this benefit;
• About the methods of payment, delivery, and execution of the sales contract;
• In the absence of immediate execution of the sale, about the delivery times of the ordered Products;
• About the identity of the Seller and all their contact details;
• About the existence and methods of implementation of the guarantees (legal guarantee of conformity, guarantee against hidden defects, possible commercial guarantees) and, where applicable, about after-sales service;
• About the possibility of resorting to a consumer mediator, whose contact details are included in these General Terms and Conditions of Sale, under the conditions provided for in the Consumer Code;
• About the right of withdrawal (existence, conditions, timeframe, methods of exercising this right, and standard withdrawal form), the methods of termination, the processing of complaints, and other important contractual conditions, and, where applicable, about the costs of using the remote communication technique, the existence of codes of conduct, and financial guarantees and deposits;
• About the accepted means of payment.

The fact that a Customer places an order on the website www.chapoget.com constitutes adherence to and full and unconditional acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.

Done in PARIS, On 06/04/2023.