TERMS & CONDITIONS

The present website www.carla-saintbarth.com (the « Website ») is published by CARLA, a simplified joint stock company with a capital of 200,000.00 Euros, whose head office is located at Lieu dit Grand Cul de Sac 97133 Saint-Barthélemy, registered in the Basse Terre Trade and Companies Register under number 803 702 711 Telephone: 590 590 27 64 03 To contact us by email Info@carlasaintbarth.com

01 – Preamble

The present general terms and conditions of sale (the « General Terms and Conditions ») are concluded between CARLA and any non-trading individual (« You ») wishing to make a purchase (excluding products sold through the Marketplace) on the Website.

These Terms and Conditions exclusively govern your relationship with CARLA.

CARLA reserves the right to modify the Terms and Conditions at any time. They will then be applicable as soon as they are published online.

02 – Products

The products governed by these General Terms and Conditions are those which appear on the Web site and which are indicated as sold and shipped by CARLA (the « Products »). They are offered within the limits of available stocks.

The Products remain the property of the company until the price has been paid in full.

The essential characteristics of the Products and services and their respective prices are made available to the purchaser on the company’s website, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs charged in supplement. These possible expenses are indicated to the Buyer during the sale process, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The Customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information regarding the identity of the Seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of the present sale. The Seller undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the absence of such availability, the Seller shall inform the Customer. If the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller shall refund the Customer.

The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the website of the company, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

 

03 – Prices

The prices of the Products are indicated in Euros including all taxes.

The prices of the Products are exclusive of delivery costs (postage, packaging and preparation of the package according to the amounts in force). The amount of the delivery costs will be specified before validation of the order.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Website and on the various sales media.

However, a price cannot be modified once your order has been validated. Nevertheless, in the event of a price error (price that is clearly derisory in relation to the real value of the Product), the validated order may be cancelled by CARLA. This measure remains exceptional.

Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the appropriate authorities, etc.). The Seller invites the Buyer to inquire about these aspects from the corresponding local authorities. The

telecommunication costs necessary for access to the company’s websites shall be borne by the Customer. Where applicable, delivery costs are also charged.

04 – Order

4.1 Prior identification

To place an order, You must identify yourself with your email address or your customer number, and your password. For any first order, You must create an account.

4.2 Registration and validation of the order

You have the possibility to place your order online: – from the online store.

Once you have validated your basket, you must choose the address and delivery method, and validate your payment method, this last step formalizing the sales contract with CARLA.

Any order implies acceptance of the prices and descriptions of the Products available for sale.

CARLA will acknowledge receipt of your order as soon as it has been validated by sending you an e-mail containing a link to these General Conditions.

In certain cases, notably for non-payment, incorrect address or any other problem related to your account, CARLA reserves the right to block your order until the problem is resolved.

In the event that a Product ordered is unavailable, you will be informed by email. The cancellation of the order for this Product and its possible reimbursement (only Products available at the time of the order may be subject to a deduction, as opposed to deferred Products), will then be carried out, the rest of the order remaining firm and definitive.

For any question relating to the follow-up of an order, You can consult your account on the Website or call 590 590 27 64 03 6 days / 7 from Monday to Saturday from St Barthélemy.

 

05 – Methods of payment

You can pay your order: – with PAYPAL

Payment is due immediately upon ordering, including for pre-ordered products. The customer can pay by credit card. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in accordance with the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.

 

06 – Delivery

6.1 Terms of delivery

The products are delivered to the delivery address indicated at the time of the order and within the time limits indicated. These deadlines do not take into account the preparation time of the order. When the delivery requires an appointment with the Customer. When the Customer orders several products at the same time, these may have different delivery times. In case of delay of shipment. In case of late delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Vendor shall then proceed to reimburse the product and the « outward » costs in accordance with the conditions of Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point indicated in the order confirmation email in order to ensure the follow-up of the order. The Seller reminds that at the moment when the Customer hangs physically possession of the products, the risks of loss or damage of the products are transferred to him in family. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.

6.2 Availability and presentation

In case of unavailability of an article for a period higher than 15 working days, you will be immediately warned of the foreseeable delays of delivery and the order of this article could be cancelled on simple request. The Customer will then be able to ask for a credit note for the amount of the article or its complete refund and the cancellation of the order.

07 – Return of Products

7.1. Exercise of the right of withdrawal You have a right of withdrawal of fourteen calendar days from the date of receipt or withdrawal of your entire order.

During this period, you may return undamaged Products without having to justify your reasons or pay a penalty. In case of damaged Products received, the procedure of article 7.3 will apply. All Products can be retracted, except those excluded by the law in article L221-28 of the Consumer Code, for example Products that have been personalized at your request. The returned Products must be intact and complete and must not have been the subject of extended shipping.

To exercise your right of withdrawal, You may use the standard withdrawal form to be completed here, or make any unambiguous statement indicating your intention to return the Product to CARLA, in particular by declaring your return online from your account, under the heading « Return an item and get your money back ». You must then return the Products to CARLA, at the latest within fourteen (14) days of your withdrawal, either – to the following address: CARLA Les Hauts du Carré d’or 97133 Saint-Barthélemy. You are responsible for return shipping costs (except in the case of a Product that is defective upon receipt, or an error by CARLA when sending the Product). CARLA undertakes to reimburse you in full upon receipt of the Product in its warehouses or upon receipt of the proof of return of your package that you will have sent to the following address CARLA, Service Relations Clients, Les Hauts du Carré d’Or 97133 Saint-Barthélemy. As an indication, it generally takes between three (3) and four (4) weeks for a return to CARLA’s warehouses. CARLA will reimburse you for the returned Products, subject to compliance with the above-mentioned conditions, as well as for the standard « outbound » delivery costs of the latter if You return your entire order. The « outbound » delivery charges with supplements are reimbursed within the limit of the standard delivery charges. It is specified that the « outbound » delivery charges will be refunded separately. If You do not return your order in full and retain one or more of the Products ordered, CARLA will not refund the amount of the « outbound » delivery charges. The refund will be made via the same payment method used for the returned order. Thus, for example, if the order for Products was paid for by : – Paypal, and the Paypal account is still active, the refund will be made to this Paypal account. For any other means of payment or in case of failure or impossibility of the previous refunds, the refund will be made by check sent to the billing address.

7.2. Exchange You may also request an exchange within thirty (14) days of receiving the Product. You may return the Product to be exchanged to CARLA.

7.3. Special case of a non-conforming Product CARLA advises you to check the Product at the time of delivery and, in the event that the Product delivered does not conform (error in the Product, defective, damaged or incomplete Product), to make written reservations to the carrier and/or CARLA within three (3) days of the delivery.

In all cases, the provisions set out in article 8.1 on legal guarantees shall apply. Thus, the Product delivered that does not conform to the order may initially only be replaced or repaired. Nevertheless, if the new Product received does not suit you, you may exercise your right of withdrawal within the remaining period. For Products reported as not conforming within three (3) days of delivery, CARLA nevertheless allows you to exercise your right of withdrawal and obtain a refund of the Product in accordance with the provisions of article 7.1, without going through the process of repairing or replacing the Product, as provided for by the legal guarantee of conformity.

08 – Warranties

8.1. Legal Guarantees

All Products on sale on the Web Site are covered by the legal guarantee of conformity (articles L217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing you to return defective or non-compliant Products.

You are informed that CARLA, whose registered office is located at Lieu Dit Grand Cul de Sac 97133 Saint-Barthélemy, is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees.

You have a period of two years from the date of delivery of the Product to take action under the legal warranty of conformity. In this case, You will be able to choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code. For contracts entered into as of March 18, 2016, You are exempt from providing proof of the existence of the Product’s lack of conformity during the twenty-four (24) months following the delivery of the Product. For contracts concluded previously, the defect is presumed for six (6) months. You are reminded that the legal warranty of conformity applies independently of any commercial warranty that may be granted to you by the manufacturer or CARLA. In addition, You may decide to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code. In this case, You may choose either to terminate the sale or to reduce the purchase price in accordance with Article 1644 of the Civil Code.

– Article L217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

– Article L217-5 of the French Consumer Code: The good is in conformity with the contract: 1. if it is suitable for the use usually expected of a similar good and, if necessary : – if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2. or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

– Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

– Article L217-16 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 duration of the warranty that remained to run. This period runs from the date of the buyer’s request for intervention or from the time the goods are made available for repair, if this is after the request for intervention.

– Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.

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

8.2. Commercial warranties

Certain Products may also benefit from a commercial warranty known as the « Manufacturer’s Warranty » to which CARLA is not a party.

to which CARLA is not a party. CARLA shall therefore not be held liable in the event that the manufacturer refuses to apply its warranty. The scope and duration of this warranty vary from one manufacturer to another. You can consult the exact terms of the warranties on the manufacturer’s website and in the Product’s manual.

09 – Environment

Triman The Triman logo is the result of a new regulation of the Environmental Code. The logo means that the recyclable product is subject to a sorting instruction. It simply indicates that the product is to be put in a recycling container. It will be affixed to all consumer products that are collected by eco-organizations and whose « recyclability » is guaranteed. For CARLA, its paper catalogs, commercial flyers as well as its textiles and shoes are concerned. They must therefore be sorted by you. The Triman can appear on the products or on the packaging, instructions or any other medium, including electronic.

10- Proof

In all cases, the online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of said order in accordance with article 1366 of the French Civil Code and shall constitute the payment of the sums involved in the seizure of the Products appearing on the order form.

This validation is worth signature and express acceptance of all the operations carried out on the Website. However, in the event of fraudulent use of your credit card, you are invited to contact Customer Service by calling 590 590 27 64 03

The computerized records, kept in the computer systems of CARLA and its partners under reasonable security conditions, shall be considered as proof of communications, orders and payments between You and CARLA.

Purchase orders and invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1379 of the French Civil Code.

11 – Responsibilities

CARLA has an obligation of result for all stages of the order taking process as well as for the stages following the conclusion of the contract.

CARLA undertakes to describe the Products sold on the Web Site as accurately as possible. However, CARLA shall not be held liable in the event that the failure to perform its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law. Similarly, CARLA shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.

12 – Personal information

During your order, the personal data collected will be subject to computer processing. You are invited to refer to the tab « Personal Data » of the Website to obtain all the information relating to this point.

14 – Applicable law and jurisdiction

The General Conditions are subject to French law. The competent court in case of dispute will be that of the place of residence of the defendant.

The Web Site complies with French law, and CARLA does not guarantee compliance with any local legislation that may be applicable to You when You access the Web Site from other countries.

15 – Intellectual property rights

The trademarks, domain names, products, software, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

16 – Invalidity and modification of the contract

If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any modification of the contract is only valid after a written and signed agreement of the parties.

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