Terms of use



The website makes it possible to offer for sale textile products and accessories (hereinafter referred to as the "Products") on Internet users navigating the website (hereinafter referred to as "Customers"). A Customer who has validated an order will then be called "Buyer".

It is specified that the Products are reserved for private individuals and intended for a personal use of the Customer, unrelated to a professional use of it. As such, the attention of the Customer is particularly drawn to the fact that the amount of his orders must not exceed the sum of 2000 € (£ 1725 or $ 2240) over a period of 4 consecutive weeks, and that the order may not cover more than 5 copies of the same reference / color / size.

Any order of a Product proposed on the website implies the Client's adhesion to the present general conditions of sale. These general conditions of sale constitute the only agreement between the parties and prevail over any other document. If a condition were to fail, it would be considered to be governed by the usages in force in the distance selling sector in Metropolitan France.

CocoBay reserves the right to modify at any time the present general conditions of sale by publishing a new version on the site. The general conditions of sale applicable are those in effect on the date of the order.

LE CLIENT PEUT COMMANDER :

- By Internet : www.cocobay.fr
- By email : CocoBay, Mail-Order Sending & Catalog Showrooms, 1 Square du Roule 75008 Paris France.
- By phone : +33 (0)6 11 80 13 13. Our customer service is open from 9h to 12h30 and from 13h30 to 18h from Monday to Thursday and from 9h to 12h30 and from 13h30 to 17h on Friday.

PRICE INDICATIONS, SENDING FEES

The prices applied are those appearing on the website at the time of order.

Depending on the choice of billing country, prices will be displayed in Euro (EUR) excl. VAT, in English Pounds (GBP) excl. VAT or in US Dollars (USD). Prices are shown excluding shipping costs. These costs will be communicated to the Customer at the time of the placing in the basket, before validation of the order. Shipping charges are based on three tariff zones:

EUR          

GBP         

USD         

Zone 1: Metropolitan France and Monaco

6

5.30

6.85

Zone 2: European Union, DROM TOM, Switzerland

18

16

20.55

Zone 3 : Other destinations

25

22

28.55

 

About VAT:

VAT is not applicable, Art. 293 B of the CGI

The Products remain the property of CocoBay until full payment of the price.

 

INTERNET ORDERING

The Customer who wishes to place an order, chooses the different(s) Product(s) by clicking on "Add to Cart".

At any time the Customer can check the number of Products contained in his cart and obtain detailed information on each of them by clicking on «My Cart», to continue his purchases of Products by clicking on «Continue my purchases», and complete its order by clicking on the «Order» button.

Any new Customer must fill in the fields provided to him to create his customer account. The Client must fill in the form provided, including the information necessary for his identification, including a valid e-mail address and a password of his choice (which will be personal and confidential). This information will be used later to identify itself on the site.

Any Client already holding a customer account must identify himself after clicking on "Validate my order", entering his e-mail address and password.

The Client accepts that the seizure of these two identifiers is proof of his identity. The provision of personal information collected in connection with distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.

After having taken note of his order, and once all the requested information has been completed by the Customer, the Customer can not proceed to the next step without being aware of the General Conditions of Sale which he attests by checking the Provided for this purpose. At the end of this first step, a summary page corresponding to the summary order form appears on the screen. The Customer may modify the information entered on this page. This page displays: the Customer's billing address, the delivery address of the Products, a summary table of the order (reference, color, size, quantity and price of the Products), the total amount of the order, Gift wrapping, the lump sum of participation in the preparation and delivery costs.

After reading the summary order form, the customer clicks on "Validate my order" to confirm his order. He must then pay his order under the conditions specified in the "PAYMENT" section.

At the end of the payment, subject to its validation, a summary document of the order is transmitted to the Customer by e-mail to the electronic address indicated by him and at the latest before the delivery. This document constituting acknowledgment of receipt of the order includes all the constituent elements of the contract entered between CocoBay and the Client. It is proof of the entirety of the order and of the eligibility of the sums due in execution of the said order.
In case of refusal of authorization of payment by credit card indicated by the banking establishment of the Client or by the center of payment CIC, the order will be canceled.

CocoBay also reserves the right to cancel an order in case of:

- Exceeding the ceiling indicated in the preamble hereof,
- Existing dispute (s) with the Buyer,
- Total or partial non-payment of a previous order from the Customer,
- Technical problem leading to the display of a price "derisory" in relation to the reference price of the product (the reference price of a model is the price indicated on the catalog of the current collection).


In these cases, the Client will be reimbursed for the sums he has paid, if necessary, prior to the cancellation of his order by CocoBay.

PRODUCT AVAILABILITY

Products are only available within the limit of available stock. In the event of unavailability of the product, CocoBay undertakes to inform the Customer within 48 hours as soon as possible. The Customer will then be able to choose another item or cancel his order and be refunded.

The website contains a commercial proposal for the sale of products, which is not exhaustive of the products sold by CocoBay.

SECURITY AND METHODS OF PAYMENT ON THE WEB SITE

All payment transactions are made directly via CIC, specialist in secure payment on the Internet. To make payment by credit card, the Client is automatically transferred to a payment server. The server is secured by Secure Socket Layer (SSL) encryption so as to protect most data related to the payment methods as efficiently as possible and that at no time will the Customer's bank data be transmitted to CocoBay's computer system.

Online orders can be paid with a credit card (Carte Bleue, Visa, Mastercard and American Express). Notwithstanding the application of article R 642-3 of the penal code, the Customer will pay his order by credit card in accordance with the provisions of this article. To pay for his order by credit card, the Customer must transmit the number of his bank card and, depending on the type of bank card, the expiry date of the card and the cryptogram number (a 4-digit number on the front The American Express card or a 3-digit number on the back for other credit cards).

Orders can also be settled via a PAYPAL account. The Client having a PAYPAL account enters his email address linked to his account PAYPAL and his password PAYPAL. PAYPAL encrypts all the information that the Client has communicated to it during its creation of account. Thus, no information other than the Customer's e-mail address is communicated to CocoBay. Financial and personal information is automatically encrypted when sending any sensitive information to PAYPAL servers. For more information on the security of the transactions carried out between PAYPAL and the customer's banking institution, CocoBay invites the latter to get closer to PAYPAL.

DELIVERY

The products are insured by us until delivery. Delivery times are (during the sales):
- 3 to 5 working days for metropolitan France from
- 3 to 10 working days for European countries and DROM TOM
- 5 to 12 working days for all other destinations

Unless otherwise stated when ordering.

 

The delivery period runs from the validation of the order and its payment.

The Customer has the possibility of having the Products delivered to a different address than his own. CocoBay does not deliver mailboxes.

CocoBay can not be held responsible for the direct or indirect consequences of a cancellation of order or delay in delivery due to an event beyond its control, and in particular in the event of disruption or strike of postal services or transport.

The authorized delivery areas are the following countries:

- Zone 1: Metropolitan France and Monaco

- Zone 2: European Union countries, DROM TOM and Switzerland: Andorra, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, DROM TOM, Spain, Estonia, Finland, Greece, Hungary, Ireland, Liechtenstein, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.

- Zone 3: Other destinations: Canada, USA, Israel, Russia and Ukraine.
Among the countries we serve, we do not deliver the following destinations:

Country of Affiliation (Unserviced Territories)
- Italy (Campione d'Italia, Livigno, Lugano, San Marino).
- United Kingdom (Channel Islands, Gibraltar.)
- Spain (Ceuta, Melilla, Canary Islands)
- Denmark (Faroe Islands, Greenland)
- Greece (Mount Athos.)
- Germany (Island of Helgoland, B
üsingen.)
- Finland (Aland Islands)
- Other (Vatican City.)

 

GUARANTEE OF CONFORMITY

On receipt of the order, the Customer will verify the conformity of the Products received in execution of his order.
Any anomaly concerning delivery (ie missing or damaged products, damaged packages) must be notified, within 14 working days following receipt of the Products to CocoBay customer service:

- By e-mail to the following address: contact@cocobay.fr
- By phone at +33 (0) 6 11 80 13 13; Our customer service is open from 9 am to 12.30 pm and from 1:30 pm to 6 pm from Monday to Thursday and from 9 am to 12.30 pm and from 1:30 pm to 5 pm on Friday.

CocoBay reserves the right to ask the Client to return the Product that is not in conformity or damaged and will inform the Customer of the procedures to follow in this case. In the event of abnormal or abusive returns, CocoBay may refuse to serve a subsequent order.
Unless there is a legitimate reason, any claim made beyond the 14 working days following receipt of the Products will be considered inadmissible and CocoBay's liability can not be incurred. (1)

(1) Article L211-4 of the Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.

Article L211-5 of the Consumer Code: To comply with the contract, the property must:

(1) Be fit for the customary use of a similar good and, if applicable: - correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

Article L211-12 of the Consumer Code: Action resulting from lack of conformity is prescribed by two years from the issue of the goods.

Article 1641 of the Civil Code: The seller is liable for the hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which so diminishes this use, that the buyer would have Not acquired, or would have given a lesser price if he had known them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from defects must be brought by the purchaser within two years from the discovery of the defect.

 

SATISFACTION GUARANTEE - RETRACTATION PERIOD

The Customer has a period of 14 working days from the receipt of the package to return to CocoBay, the Product (s) that do not satisfy him. The costs of return are the responsibility of the Customer.

The Customer may request:

- the exchange of one or more Products (size, color or other model),
- the reimbursement or
- a corresponding credit valid for one year.

The Customer must indicate his choice by filling in the return coupon in his package.

The Product (s) will have to be returned (s), with the label (s), in their original packaging and accompanied by the return form duly completed.

In order to secure the return of Product (s), this return must be made in "Colissimo recommended" with insurance according to the value of the Product (s) returned.

For countries outside the European Union, the note "return for non-conformity" must be specified by the Customer on the sending note.
The address for the return of the Product (s) is: CocoBay, Mail-Order Selling, 1 Square du Roule 75008 Paris France.

If the aforementioned conditions are met, CocoBay will process the return.

In the event of an exchange request, the ordered Product (s) will be sent, without application of delivery charges, within 14 working days from receipt of the Product (S) returned, subject to availability. In case of unavailability, it will be reimbursed under the conditions set out below.

The refund will also be made within 14 working days of receipt of the returned Product (s). The delivery costs are fully reimbursed except in the case of a partial return and with the exception of the additional costs resulting from the Customer choosing a delivery method other than the less expensive standard delivery mode proposed by CocoBay. The costs of return will be borne by the Customer.

Refunds of orders made by credit card will be made via the bank card used for payment.

Refunds of orders made by PAYPAL will be made at the convenience of the Customer by credit card or by bank check (for Customers in Metropolitan France only). In the event of a refund by credit card, the Customer must communicate his credit card number to CocoBay.

In the event of depreciation of the Products by the Customer resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the Products, CocoBay reserves the right to refuse the exchange of the Product (s) or refund.

 

PROTECTION OF PERSONAL DATA

CocoBay undertakes not to disclose to third parties the information provided by Buyers and Customers on the website. These are confidential. They will only be used by the internal services for the processing of the Customer's order. They may also be used for commercial prospecting purposes if the Customer has previously checked the box "Receive special offers from our partners".

CocoBay will send its commercial offers by e-mail, sms if the Customer has accepted it and by post, if it has not objected to it when collecting its data. At any time, it keeps the possibility of opposing CocoBay's commercial prospecting without charge, by clicking on the "unsubscribe" link in each email, going to the "Newsletter" page of the website, sending an email to contact@cocobay.fr or by sending a mail to CocoBay, Mail-Order Sending,
CocoBay In accordance with the Data Protection Act, the customer has a right of access, modification of data concerning him. He may also, for legitimate reasons, object to the processing of data concerning him. The exercise of this right may be effected by mail at the following address: CocoBay, Client file, 1 Square du Roule, 75008 Paris. Simply indicate in this letter the name, first name, postal address and email address.

The CocoBay Customer files are registered with the CNIL (National Data Protection Commission) under number 2069686.

The website uses the use of cookies. The cookie is a computer file intended to signal a previous visit of the Customer on the Site. Cookies are used by CocoBay only for personalizing the service offered to the Customer. The Customer retains the option to refuse cookies by configuring its Internet browser. He then loses the ability to customize the service delivered to him by CocoBay via the website.

Some web pages on the website may contain web beacons that allow you to count the number of visitors to the website and / or provide CocoBay with many indicators. These Web Beacons can be used with some of our partners, in particular to measure and improve the effectiveness of the website. In any event, the information obtained via these tags is strictly anonymous and simply allows us to collect statistics on the use of certain pages of the website, in order to better serve the Clients of our website.

 

WEBSITE PROPERTY AND INTELLECTUAL PROPERTY

The website is the property of CocoBay, owner of the intellectual property rights relating thereto. It is forbidden to copy or download all or part of the site or its contents.

All texts, comments, books, illustrations and images reproduced on the CocoBay websites are reserved for copyright and intellectual property rights and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is permitted. Any other use constitutes infringement and sanctioned under the Intellectual Property. Any total or partial reproduction of the CocoBay catalog is strictly prohibited.

 

LIMITATION OF RESPONSIBILITIES

CocoBay has only an obligation of means for all the stages of access to the site, the ordering process, the delivery or the subsequent services. CocoBay can not be held liable for all inconveniences or damages inherent in the use of the Internet, such as a breach of service, external intrusion or the presence of computer viruses, or any act known as force majeure.

The photographs illustrating the products are not contractual. CocoBay can not be held responsible for any typographical errors or "screen / reality" color difference.

 

PERSISTENCE OF GENERAL CONDITIONS OF SALE IN CASE OF NULLITY OF A CLAUSE AND NON-WAIVER

If one or more clauses of these general conditions of sale are held to be invalid or declared to be invalid by law, by regulation or by a final decision of a competent court, the other stipulations shall Their strength and scope and the invalid stipulation will be replaced by the closest valid stipulation aimed at achieving the desired result by the parties.

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.

 

APPLICABLE LAW AND SETTLEMENT OF LITIGATION

These general conditions of sale are subject to French law, both for the substantive rules and for the rules of form. Only the French version of these terms and conditions of sale is binding on CocoBay.

September 2017




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