GENERAL TERMS AND CONDITIONS
The company COMADOK SARL (hereinafter referred to as MES CHAUSSETTES ROUGES), registered under the SIREN number 505 250 639 RCS Paris, proposes the online sale of its goods, socks and knee-highs for men and women via the website www.meschaussettesrouges.com
COMADOK is registered under the French data protection agency, CNIL (declaration number 1771148 v 0) and guarantees that it will not give or sell its customers’ data to any third party.
To help you browse the website www.meschaussettesrouges.com, you will find information regarding orders, payments and deliveries to help you throughout your visit on the website. By clicking on ‘Your Account’, you can follow the progress of your orders. You can also change your personal information (your delivery address for example), change your password or see your previous sock orders.
To contact us, you can: Call us at 0033 1 76 53 96 20 Monday to Friday 9.30am-1pm and 2pm-6pm. You can also email as by clicking on ‘Contact Us’ or send us a message to: email@example.com. You can also write to us:
MES CHAUSSETTES ROUGES
9 rue César Franck
The following terms and conditions apply to the company COMADOK SARL 9 rue César Franck 75015 Paris , hereinafter referred to as the ‘seller’ and any legal or physical personal browsing or purchasing using the websitewww.meschausettesrouges.com, hereinafter referred to as’ the buyer’. The updated version of the General Terms and Conditions can always be easily accessed by the customer by clicking on ‘General Terms and Conditions’ where the full version of the conditions are detailed. The customer can also get a copy of these conditions by writing to:
MES CHAUSSETTES ROUGES
9 rue César Franck
The following terms and conditions outline the contractual agreements made between MES CHAUSSETTES ROUGES and the buyer. These conditions apply to every purchase made on the online retail websites belonging to MES CHAUSSETTES ROUGES (www.meschaussettesrouges.com) The following terms and conditions have been created in order to inform potential customers of the conditions which apply to all purchases, sales and deliveries that the company proposes online. The general terms and conditions also determine the rights and obligations that the seller and buyer must respect so that all transactions can take place in the best possible conditions. Every order made on the website www.meschaussettesrouges.comimplies that the buyer has read the General Terms and Conditions and has accepted them. These sales conditions will prevail over all other general or singular conditions that have not been agreed to by the seller. The seller reserves the right to modify the sales conditions at any moment of time. In this case, the relevant conditions will be those which were effective on the date the order was electronically confirmed by the seller, which is the date when MES CHAUSSETTES ROUGES has received the printed version of the order made on the website with the supporting documents. By making an order on the websitewww.meschaussettesrouges.comthe customer gives his/her unreserved prior acceptance of the following general conditions. In particular, the customer agrees that by accepting the general sales conditions, he/she is not required to give a hand-written signature and neither is the company MES CHAUSSETTES ROUGES. The general sales conditions can be printed by the customer and read on the website.
1. Characteristics of the proposed good and services:
The proposed goods and services refer to those published in the seller’s online catalogue. Each product is accompanied by a non-contractual description and/or image. The photo images and descriptions of the products in the catalogue are as exact as possible but cannot guarantee a perfect likeness with the proposed product, especially in regards to the colors. For this reason, MES CHAUSSETTES ROUGES cannot be held responsible in the case of an error or omission in any of the texts, photos or graphics regarding a product nor in the case of a modification in the product’s characteristics by the supplier.
All of our products’ prices include VAT and any other possible taxes linked to your order, however this does not include shipping costs. VAT is applicable on the day that the order is made; any change in the rate will impact the price of goods and services. The company MES CHAUSSETTES ROUGES reserves the right to modify its prices at any moment but the products will be charged based on the prices in effect when the order was confirmed. The prices include the fees linked to order processing. These prices do not include the cost of shipping or delivery except in the case of a special discount which offers free delivery in mainland France according to a specific condition, stated explicitly on the website. The amount of these fees vary depending on the type of delivery chosen (Normal or Express) when the order is made; the various options are explained in more detail in paragraph 7.4 below. In the case of an order being sent to another country other than mainland France, you are the importer of the product/s in question. For all products delivered outside of France and its Overseas Territories, the price will be automatically be calculated without tax on the invoice. Customs duties and/or other local taxes may apply. These duties and taxes are not the responsibility of the company MES CHAUSSETTES ROUGES. These costs are for you to cover and are entirely your responsibility, for both possible declarations and payments to the authorities and/or relevant organizations in your country. We strongly recommend that you become familiar with the relevant elements of legislation from your local authorities. The products remain the property of the company MES CHAUSSETTES ROUGES until the price has been entirely paid for. The company MES CHAUSSETTES ROUGES’ primary objective is not to sell to professionals. Any specific order made by a professional organization, Works Committee or any other organization will be processed once an exchange via email or a telephone call has first taken place. The company MES CHAUSSETTES ROUGES reserves the right to refuse the dispatch of an order which could be the object of fraud or suspected of fraud whether the order be made by an individual or a professional entity. The company MES CHAUSSETTES ROUGES will not be responsible for an attempted fraud made against a third person but guarantees that it will provide the relevant authorities with any information that it possesses to help resolve the situation. The discount percentages that the company MES CHAUSSETTES ROUGES offer, apply to the prices displayed for the purchase of a second product. The indicated prices are the prices for the sale of each of the products. The reduced prices concern the maximum price that has been applied to the products since the store opened. These reduced prices may also be the maximum prices used in our physical MES CHAUSSETTES ROUGES store in high season. The company MES CHAUSETTES ROUGES reserves the right to change the prices of its products and its promotional offers at any given time. The only applicable price for the customer is the one which appears on his/her invoice. For any question regarding the pricing of our products, please contact us by email at firstname.lastname@example.org.
The buyer accepts that he/she is legally capable of making an order and is aged 18 or over or has written parental permission to place an order on the website. The buyer, who would like to buy a product must obligatorily: -Fill in the personal information sheet in which he/she will provide all of the requested information. – Fill out the online order form indicating the references of the chosen goods and services. –Check the order and confirm it. – Proceed to the payment abiding by the conditions outlined in paragraph 6 and in particular provide the seller with any possible supporting documents that may be required to accompany the payment. –Confirm the order and payment. By electronically confirming the order, this implies that the buyer has accepted the sales conditions, declares that he/she is aware of them and waives any right to claim the application of his/her own or other conditions. His/her commitment to these conditions is therefore considered as definitive. The provided information and the saved confirmation will act as proof for the transaction. The confirmation will act as the buyer’s signature and acceptation of the operations carried out. The seller will send an electronic confirmation of the saved order. If the payment is carried out by Paypal, the seller will be able to intervene once Paypal’s payment platform has authorized the payment. The payment’s authorization date is also the date when the order will be taken into account. Should Paypal refuse the payment, it will be automatically cancelled and the seller’s commitments will become void. The customer can follow his/her order on the site by clicking on ‘Your Account’. The automatic processing of data is intended to analyze each transaction and prevent card fraud. In accordance with French Law (la loiInformatique et Libertés du 6 janvier 1978), you have the right to access, rectify and oppose the use of your personal data at any given moment, by sending a proof of your identity and writing to, MesChaussettes Rouges - Service Informatique et Libertés - Traitements n°773061 et n°1080975 – 9 rue César Franck 75015.
4. Terms of Payment:
The payment of goods and possible shipping costs attached to the order are due in full when the order is made by the customer in order to validate it. The price is indicated in euros only and includes VAT. Upon request by the buyer, he/she will be sent a paper or electronic version of the invoice which highlights the VAT to be paid. For orders made outside of France, the prices are indicated without French VAT; you will have to settle the VAT required in your own country yourself if it is not automatically requested by the customs agencies in your country. The company MES CHAUSSETTES ROUGES will not be held accountable for the non-settlement of this tax or any other tax related to shipping outside of France, between its customers and the customs agencies in their countries. The customer can pay: by cheque in France, by Paypal from outside of France or by bank transfer. The data saved by the company MES CHAUSSETTES ROUGES’ bank’s payment system represents the only proof of financial transactions made with the method of payment used. The customer’s account may be debited up to four days after the transaction has been made. The company MES CHAUSSETTES ROUGES will not be held responsible if the amount is debited from the customer’s account more than four days after the transaction. The payment of an order can be sent back as unpaid within 120 days after the order has been placed. As a consequence, the company MES CHAUSSETTES ROUGES reserves the right, in its sole discretion, to not ship a delivery whose payment, IP address or shipping address seem suspicious or could be harmful to the company or any third person. The company MES CHAUSSETTES ROUGES will therefore not be obliged to pay an indemnities or compensation as the company will be acting in the interests and for the safety of its customers, suppliers and service providers. For specific questions about this subject, you can write to us at the following email address: email@example.com
Deliveries are sent to the indicated address in the order form and can only be within the geographical zones outlined below, except for the express permission of the seller. In the case of such an agreement, the seller cannot be held responsible of the delivered product does not respect the legislation in place in the country where the order is delivered.
5.1 Shipping destinations:
The online sale of the proposed goods and services are available in France, Belgium, Switzerland, United Kingdom, Canada, Austria, Spain, Portugal and Luxemburg.
5.2 Delivery times and availability:
The timeframes for deliveries which are listed on the website are provided for information purposes only for products which are in stock. They are communicated to the customer once the payment has been received. The promotions proposed on the website are only valid as long as stocks last. If, for any reason, the seller is unable to deliver the order to the buyer, the seller will contact the customer and give them the possibility of changing, modifying or cancelling his/her order. The production of Gammarelli and Mazarin socks, often only produced in limited quantities, can become out of stock. In any case, if the delivery time is expected to be longer than two months after the order has been processed, the order can be modified and the sales contract can be cancelled and the buyer reimbursed. In the case that the order contains both products which are out of and in stock, the seller will ship the products progressively as they become available without any additional fees other than those included in the invoice.
5.3 Delivery options:
As the customer makes the order, he/she can choose the standard delivery option; the order is often delivered within three to four working days from the moment that it has been dispatched in mainland France.
5.4 Cost of Delivery:
The cost of delivery of the products depends on the weight and price of the order. The delivery cost is automatically indicated on the website when the customer makes his/her order and before he/she validates it.
Risks linked to the transportation of the product are at the expense of the buyer, starting from the moment when the products leave the seller’s or transporter’s premises as well as when the customer returns the product to the seller. The seller makes sure the products are suitably protected according to their means of transport. If however, despite this, the ordered products are damaged during their transportation, the buyer can, either refuse the delivery of the damaged products or he/she must indicate any discrepancy or anomaly by handwriting, dating and signing the shipping warrant or with the post office depending on the chosen mode of transport. The buyer should also contact MES CHAUSSETTES ROUGES, within 24 hours by following the returns process available online by clicking on ‘Your Account’, and then ‘See my previous orders’ and ‘Order details’, and indicating the relevant product and the reason why he/she would like to return it. Once it has been verified, the seller will give the buyer a return number and tell them the procedure to follow by email. The product must be returned by the customer in its original packaging, intact and sealed. A photocopy of the invoice should also be attached to the product and the return number written on the transport packaging. The seller will cover the costs for the delivery of the replacement product, while stocks last following the return of the damaged product. The costs attached to the return of the damaged product will be reimbursed to the customer upon proof of payment. The seller will not accept returned products if a return number has not already been given by the seller. In the case of a shipping delivery linked to an incorrect address, MES CHAUSSETTES ROUGES does not accept any responsibility and will not cover the costs for a new shipment.
5.6 Missing product at delivery or delivery does not comply with the order:
If the customer notices that a product is missing when it is delivered, the customer must contact the seller within 48 working hours following the delivery with the order reference number. The seller will then deliver the missing product as quickly as possible without any additional charges or will proceed to the exchange of the product if what is delivered does not complywith the order. To proceed to the exchange, the customer must contact the seller: - either, regarding the missing products by emailing firstname.lastname@example.org the order reference number, - or regarding products which do not comply with the original order, by following the returns procedure which can be accessed on the website and selecting ‘Your Account’, followed by ‘See my previous orders’ and then ‘Order details.’ The customer will then be able to request his/her return number by indicating the product that he/she would like to return and the reason for its return. Once this has been verified, the seller will send the customer a return number by email with the procedure to follow. The product must be returned by the customer in its original packaging, intact and sealed. A photocopy of the invoice should also be attached to the product and the return number written on the transport packaging. Upon proof of payment, the costs linked to the return of the product and the product which was not delivered according to the original order, will be delivered without any additional shipping costs for the customer.
Buyers, meaning physical non-professional individuals, are entitled to a withdrawal period of 20 days from the date of delivery of their order during which they can return the product to the seller to exchange it within the limits of available stock or be reimbursed without charge, excluding the return shipping costs. The buyer has 30 days to ask to be reimbursed for his/her product or the exchange for another product equivalent or superior in price (excluding shipping costs or additional services). To do so, the customer must contact MES CHAUSSETTES ROUGES to return the product by following these steps: -If he/she would like to exchange the product, he/she must send a message to email@example.com the order reference number. The buyer will receive the new product once MES CHAUSSETTES ROUGES has received the product that was initially ordered. The new product will be sent to the buyer who will cover the shipping costs once the possible additional cost attached to the new product has been paid alongside the shipping costs. – If he/she would like to return the article: by following the returns procedure which can be accessed on the website and selecting ‘Your Account’, followed by ‘See my previous orders’ and then ‘Order details.’ The customer will then be able to request his/her return number by indicating the product that he/she would like to return and the reason for its return. Once this has been verified, the seller will send the customer a return reference number by email with the procedure to follow. The product must be returned by the customer to his/her expense in its original packaging, intact and sealed. A photocopy of the invoice should also be attached to the product and the return reference number written on the transport packaging. The reimbursement will be sent within the 30 days following the product’s return, excluding shipping costs and additional service fees, in the form of a voucher, valid for 1 year, and which can be used on the seller’s website or in cash upon request from the customer. Only a return which follows this procedure will be taken into consideration for a reimbursement or exchange on behalf of the seller. Personalized products cannot be returned.
All of the products sold on www.meschaussettesrouges.com(MES CHAUSSETTES ROUGES) are not covered by a guarantee.
Returns (non-warranty) are only accepted by the seller in the following cases: 5.5 (Transport), 5.6 (Missing product at delivery or delivery does not comply with the order), 6 (Retraction) and when they have been returned within 30 days following their delivery and respect the aforementioned procedure listed. Returns (including those made within the warranty period) are made at the buyer’s risk.
If, for any reason, any of the present terms and conditions were to be declared inapplicable, this inapplicability would not prevent the other general conditions from being applied. The one judged inapplicable would be replaced by another similar arrangement. The seller, in the online sales process, is only held under an obligation of means; the seller cannot only be held liable for any damage caused by the internet use such as data loss, intrusion, viruses, a network malfunction or any other involuntary problems. The seller’s liability is limited according the amount of the purchase made by the buyer. The seller is not liable for a stock shortage or a delayed delivery from its suppliers. Not under any circumstances will MES CHAUSSETTES ROUGES be liable for any damage caused to the user or a third party, either directly or indirectly, which results in any malfunction, fault, a loss of earnings or profit, an operating or software loss or a deterioration or loss of material. The seller will not provide any compensation for any of the material or immaterial damage that could be caused directly or indirectly as exhaustively listed above. The seller will not cover the costs for the recovery, reproduction or reparation of such losses or damages. The seller cannot be held responsible for any possible errors made by the customer when he/she makes the order which could result in shipping errors or delays.
10. Title retention clause:
The goods remain the property of MES CHAUSSETTES ROUGES until their price has been fully paid.
11. Force Majeure:
In the event of a force majeure, as defined by the jurisprudence of French law, making it impossible for one of the parties to fulfill their obligations, the respective obligations of both parties will be suspended during the event’s duration, with the exception of the obligations mentioned in the article 12 ‘Copyright.’ If this suspension is to last for longer than 30 days, the contract can be fully terminated, initiated by either party by sending a letter with registered mail with acknowledgement of receipt. MES CHAUSSETTES ROUGES and the co-contractor will not be forced to respect their obligations, except for those listed in article 12 ‘Copyright’, with no indemnities of any kind due from either party. Each party cannot be held responsible for any breach of its obligations resulting from a case of force majeure or any fortuitous event under Article 1148 of the French Civil Code and the jurisprudence of the Court of Cassation. Both parties recognize that examples of force majeure and fortuitous events include: total or partial strikes beyond the control of the service provider, export prohibitions, changes to the legislation regarding the provision of service, transport blockades, fires, lightening and flooding.
All of the elements on the website www.meschaussettesrouges.com are and will remain the exclusive intellectual property of MES CHAUSSETTES ROUGES. It is strictly forbidden for any person to copy, exploit, rebroadcast or use in any manner, whether it be wholly or partially, any of the elements belonging to the website www.meschaussettesrouges.com, including digital, visual or sound uses. Any simple or hypertext link is strictly forbidden without explicit written permission from MES CHAUSSETTES ROUGES. MES CHAUSSETTES ROUGES cannot be held responsible if any of the websites to which a hypertext link is proposed, do not conform to current legal regulations.
13. Proof – Archival Storage:
Computerized records, stored in conditions of reasonable security, will be considered as the proof of all communication, orders and payments between the parties. Order forms, order confirmations and invoices are stored using a reliable and long-lasting media so as to keep an accurate and lasting copy of these elements, in accordance with Article 1348 of the French Civil Code. The seller’s computerized records will be considered by the parties as a proof of all communication, orders, payments and transactions made between the parties.
14. Dispute Resolution
These online sales conditions adhere to French Law and more specifically to the Distance Selling regulations (articles L. 121-16 to L. 121-20 of the French Consumer Code) and to the order 97/7 CE of 20 May 1997, concerning consumer protection in distance selling, as well as the French law of 1st August 2000. To resolve any dispute concerning the sales contract, both parties can make use of the Distance Selling Regulations to either come to a mutual agreement or an arbitration. Any dispute that is not settled amicably or by arbitration, will be decided by the courts which the company’s headquarters adhere to and which determine these general sales conditions and the laws in place in this country. In the case of a dispute, the buyer will contact the company MES CHAUSSETTES ROUGES. Jurisdiction will be granted to the courts which the company’s headquarters adhere to, notwithstanding multiple defenders or third parties.
15. Further information:
You can send an email to firstname.lastname@example.org write to MES CHAUSSETTES ROUGES, 9 rue César Franck 75015 Paris, France.
16. Social Networks and online presence:
The company COMADOK is present on certain social networks such as Twitter, Facebook and Pinterest in order to increase its visibility amongst its current and potential customers and also to inform the latter about its latest news.
However, the company will be entirely neutral about political or societal topics. The company will not reply to any question about these subjects.