General terms and conditions of sale

CHIBERTA CREATION

(as of April 1, 2021)
The present terms of use and general conditions of sale (hereinafter "the GCS") apply exclusively between any Customer using the online sales site www.chiberta-golfwear.com (hereinafter "the Site") and the company CHIBERTA CREATION, a limited liability company with a capital of €130,000, registered in the DAX Trade and Companies Register under the number 512 814 054, with its registered office located at 245 avenue de la Tuilerie - 40150 SOORTS HOSSEGOR (hereinafter "CHIBERTA CREATION" or "the Vendor")
Purchases of products offered for sale on the site are reserved for non-commercial individuals of legal age and with full legal capacity (hereinafter "the Customer").

 

PREAMBLE

Any order of products placed by a Customer on the Site implies his unreserved acceptance of these General Terms and Conditions of Sale, of which he acknowledges having fully understood and approved all the terms and conditions.
Unless otherwise stipulated, these GTC take precedence over any other clause or stipulation mentioned on orders, correspondence or any other document exchanged between CHIBERTA CREATION and the Customer.
CHIBERTA CREATION may have to adapt or modify these GTC. These modifications are immediately brought to the attention of the Customer by an update on the Site. Orders placed prior to a modification of the GTC shall remain subject to the version of the general conditions in force on the day of the order.
CHIBERTA CREATION ensures the conservation of the successive versions of the GTC. The Vendor nevertheless invites his Customers to keep a copy on a paper document or in the form of an electronic file.
CHIBERTA CREATION shall not be held responsible for any possible additional delivery time that may be observed and for the exceptional procedures put in place by the postal services, in particular for the reception of packages.
The Customer undertakes to read these GTC carefully before using the site. The fact of placing an order on the site implies the full and complete adhesion of the Customer to the present GCS of which he acknowledges having taken knowledge.

 

ARTICLE 1 - CUSTOMER ACCOUNT

Before ordering on the site, the Customer must create a customer account. To this end, he must fill in the dedicated form in the "My Account" section with the information concerning him, and the Customer thus undertakes to give accurate information and not to impersonate a third party or to change his age.
The Customer indicates in particular his personal e-mail address and a password (in accordance with the requirements) which will be used to identify himself on the site later. The login and password are personal and the Customer undertakes to keep them and not to disclose them.

 

ARTICLE 2 - PRICES

The prices of the products indicated on the site are in euros, all taxes included and do not include delivery costs, the amount of which is specified before the final validation of the order by the Customer, depending on the delivery method chosen.
In the event of delivery to third countries outside the European Union, customs or import duties may be payable. The import duties that may be due depend on the country of destination, the value of the goods, the type of shipment and other factors. No information can be provided as to whether and to what extent import duties will be due. Import duties must be paid by the customer.
In case of an obvious price error, which may be due to a technical problem, CHIBERTA CREATION reserves the right not to accept the order.
The products remain the entire property of CHIBERTA CREATION until full payment of the price.

 

ARTICLE 3 - PRODUCTS

The products offered for sale appear on the site within the limits of their availability, and the offers remain valid as long as they are visible on the site or for the duration indicated in the corresponding promotion.
CHIBERTA CREATION reserves the right, at any time, to withdraw any product on sale on the site.In the event of unavailability of a product after validation of the order, the Customer is promptly informed by email and the missing product(s) is (are) automatically cancelled and refunded.
The descriptions of the products on sale on the site are given as an indication. Similarly, the photographs do not constitute any contractual commitment and may differ slightly from reality (colours, materials, etc.), particularly due to the configuration of the display parameters of the interface used.

 

ARTICLE 4 - ORDERING

In order to place an order, the Customer must be registered and identified by his customer account and follow the online purchase process by adding the products to his shopping cart. By going to the shopping cart page, the Customer can see the different delivery methods and their costs, as well as the countries of delivery.
After validating the order and choosing the delivery method, the Customer must check the products ordered and read the GTC. Once he has clicked on "Pay my order", he is presumed to have accepted the GTC, the price of the products, the content of his order as well as his delivery address.
After his payment, the Customer will receive an order confirmation email.
This email does not constitute acceptance of the order by the Vendor, who reserves the right to refuse an order, in particular but not exclusively in the event of an abnormal order, complaints, abnormal or abusive exchanges or returns, an existing dispute with the Customer, or non-payment of a previous order.
CHIBERTA CREATION shall in no way be held responsible for a data entry error on the part of the Customer which, for example, would not allow the receipt of the confirmation email and/or delivery of the order.

 

ARTICLE 5 - PAYMENT

The products offered for sale appear on the site within the limits of their availability, and the offers remain valid as long as they are visible on the site or for the duration indicated in the corresponding promotion.

CHIBERTA CREATION reserves the right, at any time, to withdraw any product on sale on the site.In case of unavailability of a product after validation of the order, the Customer is quickly informed by email and the missing product(s) is (are) automatically cancelled and refunded.
The descriptions of the products on sale on the site are given as an indication. Similarly, the photographs do not constitute any contractual commitment and may differ slightly from reality (colours, materials, etc.), particularly due to the configuration of the display parameters of the interface used.

 

ARTICLE 6 - DELIVERY

6.1 - Country of delivery

We do not deliver to destinations not mentioned in the "country" tab of the order address and in particular the following for reasons of customs formalities: TOM, Collectivities and Overseas Countries, Andorra, Büsingen and Helgoland Island (Germany), Faroe Islands, Greenland (Denmark), Canary Islands, Ceuta, Melilla (Spain), Aland Islands (Finland), Mount Athos (Greece), Campione d'Italia, Livigno, San Marino and Vatican City (Italy), Jersey, Guernsey (UK).

 

6.2 - Delivery times

CHIBERTA CREATION shall ensure that the order is delivered as soon as possible.
From the time the order is dispatched, the average delivery times (which are only estimated and non-contractual) are as follows:
- 3 to 5 working days by Colissimo at home or by DPD for France;
- 5 to 10 working days by international Colissimo.
After the goods have been handed over to the transport company, the Customer shall receive a dispatch confirmation by e-mail from the Seller. It contains a tracking link on which the Customer can follow the shipment.
Delivery may however be delayed for reasons beyond the control of the Seller. As far as possible, CHIBERTA CREATION undertakes to keep the Customer informed of the situation.
A delivery is presumed to have been made as soon as the carrier's control system registers that the order has been made available to the Customer (delivery against signature).
If the package is damaged or its contents do not comply with the order, the Customer must contact the Customer Relations Department within fifteen (15) days of receiving the products, in order to initiate the return of the products in accordance with the procedure described in Article 8.2.

ARTICLE 7 - RIGHT OF WITHDRAWAL - EXCHANGE - RETURN

7.1 - Exercising the right of withdrawal

The Customer has a right of withdrawal of fourteen (14) days from the day following the date on which he/she received the products, in order to return the product(s) ordered without having to justify himself/herself or pay penalties, in accordance with Directive 2011/83/EU of 25 October 2011.
Any retraction of an order must be notified, by an unequivocal statement, by any means and in particular:
by email to the address: commande@chiberta-golfwear.com
or by post to : CHIBERTA CREATION, 245 avenue de la Tuilerie, 40150 Soorts Hossegor, France.
After having notified the Seller of his withdrawal, the Customer must return the products concerned within a maximum of 14 days from this notification, accompanied by the return form received by commande@chiberta-golfwear.com on the Customer's mailbox.
The return of products within the framework of the exercise of the right of withdrawal must be carried out in accordance with the conditions described in Article 8.2 below.

 

7.2 - Terms of return

For a return from Metropolitan France:
The Customer has a period of 14 days after receipt of his order to make a return.To do so, he/she just has to contact us at commande@chiberta-golfwear.com to request a return. Important: any returned product must never have been worn. The return may be refused if the product shows signs of use.
In the case of a return from France, CHIBERTA CREATION will send the Customer by e-mail a return form valid for seven (7) days. This return coupon shall be stuck on the return package. It will then be possible for the Customer to send the product back to CHIBERTA CREATION by dropping it off at a Colissimo drop-off point, at a post office or picked up by DPD, depending on the case.
Upon receipt of the return parcel, CHIBERTA CREATION will proceed with the reimbursement of the corresponding product within a period of fifteen (15) days and will send the Customer an e-mail confirming the reimbursement.

For a return from a country of the European Union:
The Customer has a period of fifteen (15) days after receipt of the order to make a return. Important: the product must not have been worn. The return may be refused if the product shows signs of use.
The Seller does not offer free returns for returns outside France.However, in order to make a return, the Customer simply needs to contact CHIBERTA CREATION at the email address commande@chiberta-golfwear.com to inform the Seller of the return. The return address will be communicated to the Customer.
The Customer may return the product to CHIBERTA CREATION using the carrier of his choice.Upon receipt of the returned product, the Seller will proceed with the reimbursement of the product within 15 days and a confirmation email will be sent to the Customer.

For a return from a country outside the EU:
The same provisions as for a return from an EU country apply except that the Seller will issue a proforma invoice to be stuck on the package. If this invoice does not appear on the parcel next to the shipping label, the parcel will be held in customs, and the refund delayed.The choice of the carrier used for this return is entirely free and at the expense of the Customer. Upon receipt of the return package, CHIBERTA CREATION will proceed with the refund within 15 days and will send the Customer a confirmation e-mail.

Refunds:
Refunds are made within a maximum of fifteen (15) days after receipt of the return parcel, however CHIBERTA CREATION will do its utmost to ensure that the refund is made before this period. All refunds are confirmed by e-mail.
The amount is refunded to the bank account of the card used to pay for the order.

If the product has a defect
If the product has a defect upon receipt, the Customer must contact the Seller directly via the email address commande@chiberta-golfwear.com and send photos of the problem encountered, so that CHIBERTA CREATION can offer the Customer the most appropriate solution, if the defect is confirmed.

Responsibility and shipping:
Once shipped, the return package and its contents are under the responsibility of the Customer until the package has been received by CHIBERTA CREATION.

 

7.3 - Exchange

For technical reasons, live exchanges are not possible.
The Customer shall return the item he/she wishes to exchange to the Seller in accordance with the terms and conditions set out in 7.2 and shall place a new order for the product on the www.chiberta-golfwear.com website.
For any questions, the Customer may contact commande@chiberta-golfwear.com.

Tracking the progress of a return package
The Seller undertakes to process any request for reimbursement within fifteen (15) days following receipt of a return package.
Thus, CHIBERTA CREATION will contact the Customer once the package has been received. However, the Customer may follow the progress of the parcel sent thanks to the tracking number appearing on the delivery note.
For returns from countries other than France, it is strongly advised to keep the tracking number: in the event of a particular delivery time, CHIBERTA CREATION will request this information from the Customer in order to determine the location of the parcel.

 

ARTICLE 8 - PRODUCT REFUND AND EXCHANGE

8.1 - Money back guarantee

Without prejudice to the provisions on the right of withdrawal set out in article 7, CHIBERTA CREATION offers Customers a total period of fifteen (15) calendar days from the date of receipt of the products to return all or part of their order with which they are not satisfied, in order to exchange them, obtain a credit note or be reimbursed.
In the event of abnormal or abusive returns, CHIBERTA CREATION reserves the right not to accept the return and to refuse a subsequent order.

 

8.2 - Terms and conditions of return

For orders with delivery by Colissimo, Chronopost or DPD:
all products returned by the Customer, whether under the right of withdrawal or the satisfied or reimbursed guarantee, must not have been used, damaged, soiled or washed by the Customer. They must be returned complete, with their packaging and/or with their label in an appropriate packaging and accompanied by the return form (to be filled in online and printed by going to the customer account, heading "My orders").
The delivery costs invoiced at the time of shipping the order are reimbursed to the Customer only in the context of the exercise of the right of withdrawal within 14 days from the date of receipt of the package and only if the Customer returns the entire order.
The products must be returned to the following address:
CHIBERTA CREATION 245 avenue de la Tuilerie - 40150 SOORTS HOSSEGOR, FRANCE
The Vendor may not, under any circumstances, be held responsible for any loss or damage occurring during transport, and it is therefore recommended that the Customer use a tracking service. In the event of loss or damage in transit, the Customer should contact the carrier directly. If the items are not received at the above-mentioned address, CHIBERTA CREATION will not be able to process the return or make any refund.

 

8.3 - Refunds / Credit notes

Once the returned products have been verified by CHIBERTA CREATION, the Customer will be reimbursed by the same means of payment as the one used to pay for the order. The refund shall be made within fifteen (15) calendar days from the date of receipt of the products by CHIBERTA CREATION. A credit note may also be issued if the Customer so wishes. This credit note may only be used on the CHIBERTA CREATION site for a period of 6 months.

 

ARTICLE 9 - LEGAL GUARANTEES

All products benefit from the legal regime of the guarantee of conformity provided for in the Consumer Code, as well as the guarantee of hidden defects of the Civil Code, as long as the use has been normal and that the maintenance advice has been followed.

 

ARTICLE 10 - INTELLECTUAL PROPERTY

All copyrights of the site and its contents or any element attached to it, belong exclusively to CHIBERTA CREATION.
Any reproduction, use or modification, in part or in whole, of any element of the site, in any form whatsoever, is forbidden without the express authorisation of CHIBERTA CREATION which reserves the right to initiate any legal proceedings, in particular, and in a non-limitative manner, in respect of intellectual property.
The Customer is granted a limited license, including the consultation and use of the site on a personal basis, and totally excluding the downloading or modification of any element or content, in whole or in part, without the express written consent of CHIBERTA CREATION. This license definitively excludes any use of the site for commercial purposes or resale, any recovery and use of the elements of descriptions or prices of the products, any derivative use of the site or its contents, or any use of data mining tools, indexing robots or data collection and extraction tools. You may not reproduce, duplicate, copy, sell, or in any other way exploit all or part of the site for commercial purposes without express written permission. It is forbidden to use meta tags or any other "hidden text" using the name or trademarks without express written permission.

 

ARTICLE 11 - MISCELLANEOUS PROVISIONS

11.1 - Force majeure

CHIBERTA CREATION shall not be held responsible for any delay in the execution or total or partial non-execution of its obligations, if this is caused by an event constituting force majeure, within the meaning of Article 1218 of the Civil Code, in particular but not limited to disruption or total or partial strike of the postal services and means of transport and/or communication, flooding or fire. CHIBERTA CREATION shall notify the Customers of an event constituting force majeure, if possible, at the latest within five (5) working days following its occurrence. CHIBERTA CREATION shall make its best efforts to inform the Customer, as soon as possible, of the methods of processing his order for the duration of the force majeure event.

 

11.2 - Partial invalidity

If any provision of these GTC is invalid or unenforceable, the remainder of the GTC shall remain in effect, unless the invalidated obligation is an essential obligation, the removal or cancellation of which would prevent the continuation of the entire GTC.

 

11.3 - Retention and archiving of transactions

The archiving of invoices is made on a reliable and durable support so as to constitute a faithful and durable copy.

 

11.4 - Modification of the GTC

CHIBERTA CREATION reserves the right to change, modify, add or delete any part of these GTC at any time. Any changes made to the GTC will be published on the website. The date appearing at the beginning of these GTC will be modified to indicate the last date of revision. The T&Cs applicable to an order are those in force at the date of payment of the order.

 

11.5 - Mediation

In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the Customer has the right to have recourse, free of charge, to a European mediation service.
Electronic link to the online dispute resolution platform (RLL):
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The dispute may only be examined by the Consumer Ombudsman when:
The Customer can prove that he has previously tried to resolve his dispute directly with the Seller by means of a written complaint;
The Customer has submitted his request to the Ombudsman within less than one year of his written complaint to the Seller.
The request must be neither manifestly unfounded nor abusive. Finally, if the dispute has already been examined or is being examined by another mediator or by a court, or if it does not fall within his field of competence, the mediator shall reject the Customer's request. In the event that the Customer's request is not admissible, the mediator shall inform the Customer of the rejection of his request for mediation within three weeks of receiving his file.

 

11.6 - Applicable law and jurisdiction

The present GTC are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction. However, the Parties undertake to seek an amicable solution before any legal action.

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Address

CHIBERTA CREATION
245, Av. de la Tuilerie - ZA Pédebert
40150 SOORTS HOSSEGOR

Mail

Arnaud BEAUDEANT
bonjour@chiberta-golfwear.com

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