Terms of sale

Article 1 - Your Clémence & Margaux customer area

Prior to any first order of products on the Clémence & Margaux website, the creation of a customer space is necessary and implies the communication of a certain amount of personal information.

The information provided by the customer is for the sole purpose of facilitating the purchasing process and creating a customer space.

The Clémence & Margaux customer space allows the customer to :
- order products offered for sale on the Clémence & Margaux website
- consult and manage their orders
- consult and manage returns

Article 2 - Order

The customer selects the products they wish to order, and can access their basket at any time.

For the order to be validated, the buyer must accept the present terms and conditions by clicking where indicated. They must also choose the delivery address and method (home delivery, Point Relais, Express), and finally validate the payment method.

Once the customer's order is complete, a confirmation e-mail is sent to the e-mail address used to create the customer area.

A second email will also be sent to the customer concerning the shipment of their order, with the tracking number of the parcel enabling them to follow the status of the delivery on the carrier's website.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem with the customer's account, CCO reserves the right to block the customer's order until the problem has been resolved.

Article 3 - Products

CCO makes every effort to ensure that all information on the site, and in particular descriptions of the products offered for sale, are as accurate and precise as possible.
However, CCO cannot be held responsible for any errors or omissions in this presentation.

Photographs are not contractual. Viewing and purchasing eyewear online is a different process from purchasing in a physical store, which means that the colors, materials and finishes viewed by the customer on the site may vary. CCO strives to offer visuals as close to reality as possible.

The availability of products offered for sale is specified when the order is placed. CCO reserves the right to withdraw any product from sale at any time and for any reason whatsoever.

Article 4 - Price

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order.

Prices are indicated in euros, inclusive of all taxes. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated.

Prices include VAT applicable on the date of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the products.

Full payment must be made at the time of ordering.

Article 5 - Payment

Payment will be made by credit card.

The banking information provided by the customer and the payment process are verified and guaranteed by the Monetico service (service distributed by CIC, Crédit Mutuel).

The customer guarantees CCO that he/she has the necessary authorizations to use the chosen method of payment when validating the order.

CCO reserves the right to suspend any order and any delivery in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment.

In particular, CCO reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

Products remain the property of CCO until full payment has been received.

Article 6 - Delivery

Delivery means the transfer to the customer of physical possession or control of the goods. Delivery only takes place once payment has been confirmed by CCO's bank.

For Mainland France

Delivery method	Carrier	Delivery times	Price incl. VAT	Free from
Parcel relay	GLS	48 to 72 hours	10,5 €	100 euros
Home delivery	GLS	48 to 72 hours	10,5 €	100 euros
Express home delivery	GLS	24 hours	15 €	-

 

For Germany, Belgium, Luxembourg, Netherlands

Delivery method	Carrier	Delivery times	Price incl. VAT	Free from
Parcel relay	GLS	48 to 72 hours	12 €	-
Home delivery	GLS	48 to 72 hours	12 €	-

 

For Denmark, Spain, Italy, Portugal, Czech Republic, Hungary and Slovakia 

Delivery method	Carrier	Delivery times	Price incl. VAT	Free from
Parcel relay	GLS	48 to 72 hours	15 €	-
Home delivery	GLS	48 to 72 hours	15 €	-

 

CCO delivers its Clémence & Margaux products to mainland France, Belgium, Luxembourg, Germany, the Netherlands, Denmark, Spain, Italy, Portugal, the Czech Republic, Hungary and Slovakia.

Delivery times are to be expected once the order has been processed by us.

Delivery times may be affected by a number of factors over which CCO has no control. In addition, the geographical location of the country of delivery may affect the delivery time.

Delivery error: if, upon delivery, the customer finds that the products delivered do not correspond to those ordered, he/she should contact support at www.clemence-margaux.com/nous-contacter.

Article 7 - Right of withdrawal

In accordance with the provisions of the French Consumer Code, the customer has a period of 14 working days from the date of delivery of his or her order to return any item that does not suit him or her and request an exchange or refund without penalty, with the exception of the return costs, which remain at the customer's expense.

Products must be returned in their original packaging and in perfect condition within 14 days of notification to CCO of the customer's decision to cancel.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The customer may request, complete and return to CCO the returns form in his account.

Reimbursement will be made within 14 days of receipt by CCO of the products returned by the customer in accordance with the above conditions.

Article 8 - Warranties

CCO is bound by the legal warranty of conformity provided for in articles L.217-4 et seq. of the French Consumer Code, and by the legal warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code.

When acting on the basis of the legal warranty of conformity, the consumer :
- has a period of two (2) years from delivery of the goods in which to take action;
- may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code;
- is exempted from proving the existence of a lack of conformity for a period of twenty-four (24) months following delivery of the goods.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Consumers are reminded that they may decide to invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case they may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

Article 9 - Liability

CCO cannot be held responsible for non-performance of the contract in the event of force majeure as defined by French legislation and the case law of the French Courts and Tribunals.

Article 10 - Personal Data

1. Data collected
When you create a customer area on the site, we collect the following data: title, surname, first name, postal address and country of residence, e-mail address and telephone number.
The data collected is kept for three (3) years after your last purchase if you order products online and for three (3) years after collection if you have not placed an order online.
2. Purposes and recipients of data
Only CCO, in its capacity as data controller, is the recipient of personal data collected on the site. The data collected is not sold, rented or exchanged.
Personal data is collected for the following purposes:
- to carry out operations relating to the management of the customer area, the processing of orders and product purchases, and the preparation of studies and statistics
- to send customers commercial and advertising information according to their preferences (e-mail and/or SMS), subject to their prior consent.
3. Security and confidentiality
CCO implements organizational, technical, software and physical digital security measures to protect the personal data collected against alteration, destruction and unauthorized access.

4. Personal rights
The collection and processing of personal data is based on the customer's consent, which is given by ticking a box when creating a customer area. In accordance with the French Data Protection Act of January 6, 1978 and the European Data Protection Regulation (RGDP) 2016/679/EU of April 27, 2016, customers have the following rights: : right to access, rectify and delete personal data concerning them, right to limit and right to object to the processing of their data, right to withdraw their consent, right to the portability of data provided.
These rights may be exercised by sending a written request by post to the following address: Société Création Concept Optique 247 Avenue Boulomié BP 20031 88801 VITTEL Cedex, or by e-mail to the following address:
Customers have the right to lodge a complaint with a supervisory authority. For further information, please consult the CNIL website: www.cnil.fr
In accordance with article L.223-2 of the French Consumer Code, customers are informed that they may, if they wish, register on an opposition list to telephone canvassing, available on the internal website www.bloctel.gouv.fr.
For all purchases made by a customer residing in the European Union, an online dispute resolution platform is available at the following address: ec.europa.eu/consumers/odr

Article 11 - Applicable law and settlement of disputes

These GTC are subject to French law.

In the event of a dispute or claim, the customer should first contact CCO to obtain an amicable solution.

If an amicable solution cannot be found, the courts of the jurisdiction of CCO's registered office shall have exclusive jurisdiction.

The purchaser may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Article 12 - Proof of transaction

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

APPENDIX 1 - Legal warranty provisions

Article L.217-4 of the French Consumer Code:
The seller delivers 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 is his responsibility under the contract or was carried out under his responsibility.

Article L.217-5 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;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
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 L.217-12 of the French Consumer Code:
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L.217-16 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 buyer's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 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.