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General conditions of online sale

Article 1 - Seller's designation

This site www.authentic-cashmere.com is published by the company STYLE NETWORK INTERNATIONAL, SARL, with capital of 1,876,500 euros, whose head office is located at 29 boulevard Gay Lussac RCS of Marseille, number 502 079 460, intra-community VAT number FR82502079460.

Article 2- General provisions relating to these general terms and conditions of sale (hereinafter the GTC)

  1. 1. Purpose of the T&Cs

The General Terms and Conditions are applicable exclusively to the online sale of AUTHENTIC CASHMERE brand products on the website www.authenticcashmere.com (hereinafter the website), which is freely accessible to all Internet users.

  1. 2. Scope of application of the GTC

The General Terms and Conditions exclusively govern online sales contracts for STYLE NETWORK INTERNATIONAL products (hereinafter professional seller) to buyers with the status of consumers (hereinafter consumers) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.

The T&Cs are exclusively applicable to products delivered to consumers established in mainland France, Corsica, Monaco, Italy, Spain and Germany.

The T&Cs are written, as well as all contractual information mentioned on the site, in French.

  1. 3. Availability and enforceability of the T&Cs

The T&Cs are made available to consumers on the seller's website where they can be viewed directly.

The General Terms and Conditions are binding on the consumer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order.

Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the Civil Code (former C. civ., art. 1369-4).

  1. 4. Modification of the T&Cs

The professional seller reserves the right to modify its T&Cs at any time.

In the event of modification of the General Terms and Conditions, the applicable General Terms and Conditions are those in force on the date of the order, a copy of which dated on that date may be provided to the consumer upon request.

  1. 5. Clauses of the T&Cs

The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions.

The temporary or permanent non-application of one or more clauses of the T&Cs by the professional seller cannot constitute a waiver on its part of the other clauses of the T&Cs which continue to produce their effects.

Article 3- Products

  1. 1. Features

The products offered for sale presented in the catalog published on the site are each the subject of an optional but recommended description mentioning their essential characteristics within the meaning of article L. 111-1 of the consumer code.

The photographs illustrating the products do not constitute a contractual document.

  1. 2. Instructions for use

The method of use of the product, if it is an essential element, is mentioned in the electronic catalogue or at the latest upon delivery.

  1. 3. Compliance

The products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market (text reproducing C. consom., art. L. 411-1, former C. consom., art. L. 212-1).

The products comply with the requirements of French law in force at the time they are placed on the market.

  1. 4. Stock availability

Products are offered and delivered within the limits of available stocks.

If the ordered product is unavailable, the seller will immediately inform the buyer and offer a refund.

The seller will reimburse the amounts paid within 30 days.

Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

Article 4- Price

  1. 1. Selling price

The sales prices, in accordance with article L. 112-1 of the consumer code (former C. consom., art. L. 113-13), are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.

The total amount owed by the consumer is indicated on the order confirmation page.

The sale price of the product is that in effect on the day of the order.

The sale price of the products does not include shipping costs charged in addition to the price.

In the event of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

  1. 2. Modification

The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in effect on the day of the order.

  1. 3. Fees

Additional transport, delivery or postage costs (to which must be added any other costs borne by the seller), which the customer may have been aware of before ordering, are set out on the order form.

Article 5- Offer

  1. 1. Domain

The online sales offers presented on the site are reserved for consumers residing in France and/or Corsica, Monaco, Italy, Spain and Germany and for deliveries in these same geographical areas.

  1. 2. Duration

The online sales offers presented on the site are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalog and within the limit of available stocks.

  1. 3. Acceptance

Acceptance of the offer by the consumer is validated, in accordance with the double-click process, by confirmation of the order.

Article 6- Order

  1. 1. Steps for concluding the contract

To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information relating to delivery and the payment method.

Before clicking on the "Confirm order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.

Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

An email acknowledging receipt of the order and payment is sent by the seller as soon as possible.

  1. 2. Order modification

Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional seller.

The professional seller reserves the right to make modifications to the product ordered which are linked to technical developments under the conditions provided for in article R. 212-4 of the consumer code (former C. consom., art. R. 212-4, V).

  1. 3. Validation of the order

The professional seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for buyers with the status of consumers.

Article 7- CONTRACT

  1. 1. Conclusion

The sales contract is formed at the time the consumer sends confirmation of his order.

  1. 2. Archiving and proof

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former C. civ., art. 1348). These communications, purchase orders and invoices may be produced as proof of the contract.

  1. 3. Resolution

The order may be cancelled by the buyer by registered letter with acknowledgement of receipt or in writing via the site's contact form in the event of:

— delivery of a product that does not conform to the declared characteristics of the product;

— delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty days following the conclusion of the contract, after the seller has been ordered, in the same manner and without result, to make delivery within a reasonable additional period;

— price increase which is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be terminated by the seller in the event of:

— of the buyer's refusal to take delivery;

— non-payment of the price (or the balance of the price) at the time of delivery.

In all these cases, the deposit paid when ordering remains acquired by the seller as compensation.

Article 8- Payment

  1. 1. Due date

The price is payable in full after confirmation of the order.

With the exception of sums paid which are refunded in the event of unavailability of the product ordered under the conditions set out in article 3-4 of the T&Cs, any sum paid in advance on the price shall bear interest at the legal rate upon expiry of a period of three months from payment until delivery of the product or, failing that, upon reimbursement of the sum paid when ordering (C. consum., art. L. 214 et seq.; former C. consum., art. L. 131-1).

Payment is made immediately upon ordering via the payment method chosen by the customer. The latter has the choice between:

  • the secure payment platform Paypal
  • the secure Stripe payment platform for bank card payments: Visa, Mastercard and American Express.
  1. 2. Additional payment

Article L. 121-18 of the Consumer Code (former Consumer Code, art. L. 114-1)

Prior to the conclusion of a contract of sale or provision of services, the professional shall ensure the express consent of the consumer for any additional payment added to the price of the main object of the contract. In the event that the additional payment results from the consumer's consent given by default, that is to say in the absence of express opposition on his part to paid options that he has not requested, the consumer may claim reimbursement of the sums paid for this additional payment.

Article L. 131-6 of the Consumer Code (former Consumer Code, art. L. 114-2)

  1. 3. Default of payment

The seller reserves the right, when the agreed price is not paid on the due date, either to request execution of the sale or to terminate the contract by simple registered letter with acknowledgement of receipt and to retain, as compensation, the deposit paid when ordering.

Article 9- Delivery

  1. 1. Definition

Delivery means the transfer to the consumer of physical possession or control of the good.

  1. 2. Delivery time

The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 30 days after receipt of the order.

  1. 3. Delay in delivery

When the ordered product is not delivered, the consumer may, after having unsuccessfully requested the seller to fulfil his delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

  1. 4. Place of delivery

The products are delivered to the address indicated by the customer on the order form.

  1. 5. Delivery terms

Delivery is made by direct delivery of the product to the buyer or, failing that, by the seller sending a notice of availability to the buyer.

Within fifteen days of the notice of availability, the buyer must collect the product ordered.

In the absence of collection within the period indicated, the seller may, after formal notice to the buyer has remained without effect, proceed with collection, automatically terminate the order and retain the deposit paid as compensation.

When the product is delivered to the address indicated on the order form by a carrier, it is the buyer's responsibility to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to make reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify the seller.

  1. 6. Product conformity

If the product does not comply with the order, the consumer must send a complaint to the professional seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.

  1. 7. Unavailability of products

In the event of unavailability of the products upon delivery, the professional seller may offer, under the conditions provided for in article 3-4 of the T&Cs, reimbursement.

  1. 8. Failure to deliver

Total failure to deliver shall result in the automatic termination of the sales contract.

  1. 9. Delivery and transfer of risk

The risks of loss or damage to the goods are transferred to the consumer at the time he, or a third party designated by him, takes physical possession of the goods, without distinction according to their nature.

The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.

The product, which is delivered to the consumer by a carrier chosen by the consumer, travels at the consumer's risk from the time the goods are handed over to the carrier.

  1. 10. Transfer of ownership

From the delivery date indicated in the order form, ownership of the product is transferred to the buyer, except in the case where full payment of the price has not been collected upon ordering (see article 5-5 T&Cs).


Article 10 – Returns

  1. 01. Return of packages to sender

In the event of a package being returned to the sender due to NPAI (Does Not Live at the Address Indicated), unclaimed or refused, we will refund the amount of the order excluding delivery costs.

  1. 02. Return of goods

For any return of an item within 30 days of receipt of the order, we undertake to reimburse the Customer's Paypal account or payment card used during the purchase, corresponding to the price of the product(s) excluding shipping costs, within a maximum of 30 days after receipt of the products.


To be accepted, returns must meet the following characteristics:

  • The product(s) must never have been worn outdoors. The product(s) must be in new condition,
  • The returned product(s) must correspond to the product(s) delivered,
  • The product(s) is (are) returned in its original packaging in good condition (shoe box not taped), all in a properly closed package,
  • The product(s) is (are) returned within 30 days of receipt of the order,
  • Empty packaging will result in refusal for any exchange or refund.

In order to improve the return conditions, we advise you to contact us via the contact form on the authenticcashmere.com website. Our team is at your disposal or by phone at 0769467061.

The return address will be sent to you when you request your return.

Return costs are the responsibility of the Customer.

Article 11- Legal guarantee of conformity and guarantee of hidden defects

STYLE NETWORK INTERNATIONAL, located at 29 boulevard Gay Lussac, 13014 Marseille, guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

  • the buyer has a period of 2 years from delivery of the goods to take action;
  • the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
  • the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.

Furthermore, it is recalled that:

  • the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
  • the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the civil code.

Article 12- Responsibility

  1. 1. Disclaimer

The professional seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the actions of the buyer, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.

Cross-border contracts in the internal market

The professional seller cannot be held liable for non-conformity of the product with the legislation of the consumer's country, who is responsible for checking whether the product is not prohibited from sale in his country.

  1. 2. Product Safety Defect

In the event of damage caused by a product safety defect, the consumer must seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.

  1. 3. Penalty clause

In all cases of non-performance of its obligations by the consumer, the deposit paid when ordering remains acquired by the professional seller as compensation.

Article 13 - Termination clause

The resolution of the order in the cases provided for in these General Terms and Conditions will be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and will be acquired automatically without legal formality.

Article 14 - Right of withdrawal

  1. 1. Conditions, time limit and terms of exercise

If you sign the contract, you will have the right to withdraw, without giving any reason, within fourteen days.

The withdrawal period expires fourteen days after the day on which you, or a third party designated by you to do so, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify us:

— your name, geographic address and, where available, your telephone number and email address;

— as well as your decision to withdraw from the contract using the contact form on the site.

14 2. Effects

If you withdraw from the contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from the contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction. With your express agreement, another means may be used. In any event, this reimbursement will not incur any fees for you.

It is recalled that the customer's liability, in the event of withdrawal after use of the goods, is incurred with regard to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. According to the European Commission, these handlings are those that a consumer can carry out in a store, for the goods offered for sale there.

In the event of withdrawal by the customer, the latter must return or return the goods to an address that will be sent to you following your request for withdrawal without undue delay and, in any event, no later than fourteen days after the customer has communicated to the recipient indicated on the withdrawal form his decision to withdraw from the possible contract. This deadline is deemed to have been respected if the customer returns the goods of the order before the expiry of the fourteen-day period.

In the event of withdrawal by the customer, the latter will have to bear the direct costs of returning the goods.

The company may defer reimbursement until receipt of the goods subject to the order, or until the customer has provided proof of shipment of the goods, the date retained being that of the first of these facts.

Article 15- Intellectual property

The elements reproduced on this site authenticcashmere.com, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.

Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal proceedings.

Article 16- Processing of personal data

The computerized processing of personal data collected is intended for the management of orders and re-exploitation for commercial purposes.

This data may be transmitted to our potential partners responsible for the execution, processing, management and payment of orders.

All personal data collected is treated with the strictest confidentiality and in accordance with legal requirements regarding the protection of personal data.

Clause :

In accordance with the Data Protection Act 78-17 of 6 January 1978, amended, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you, the data controller being the Company's DPO who can be contacted using the contact form.

If you have previously agreed to it, you may receive marketing emails from authenticcashmere.com from which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received.

It is also specified that the customer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on the Bloctel opposition list on the bloctel.gouv.fr website.


Article 17- Mediation

  1. 1. Prior complaint

Text

Articles R. 221-2 et seq. of the Consumer Code

Clause

In the event of a dispute, you must first contact the company's customer service on 0769467061, Monday to Friday except public holidays or bank holidays, from 8:30 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m. or via the contact form or by post to STYLE NETWORK INTERNATIONAL located at 29 boulevard Gay Lussac, 13014 Marseille.

  1. 2. Request for mediation

Clause

In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within a period of two months, the consumer may submit the dispute relating to the order form or to these General Terms and Conditions opposing him to the professional seller to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

You can contact the mediator of the e-commerce federation on its website www.mediateurfevad.fr.

To submit a request for mediation, the consumer has a complaint form available on the mediator's website.

The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Article 18- Competent court

Clause :

In the absence of an amicable agreement, you may refer the matter to court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract.

The competent court will be that of the place of domicile of the defendant (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the thing or performance of the service (article 46 of the Code of Civil Procedure).

Article 19 - Applicable law

This contract and the General Terms and Conditions governing it are subject to French law.

The application of the law of the professional's country may nevertheless be set aside in favor of that of the law of the consumer's country under the conditions provided for in article 6-2 of the regulation of June 17, 2008 on the law applicable to contractual obligations which is taken up by article 17 of the law of June 21, 2004 for confidence in the digital economy for the benefit of the French consumer.

According to the Regulation, the application of the law of the country of the professional must not deprive the consumer residing in another Member State of the protection afforded to him by the mandatory provisions of the law of his country which must be assumed to be more favourable than that of the country of the professional.

In this case, the foreign consumer who has contracted on a French site will have to demonstrate, in order to obtain the application of his own law from the judge, that French law is less favourable than that of his country and that the law of his country creates an obstacle to trade in the internal market which is justified by consumer protection.

Noticed This clause applies to the letter Article 6-1 of the Regulation of 17 June 2008, which provides that when the professional directs his activity to the country where the consumer has his residence, which is the case of the sales site on which foreign consumers can contract, the applicable law is the law of the consumer's country of residence. In the present case, the foreign consumer who has contracted on a French site will have to demonstrate, in order to obtain from the judge the application of his own law, that French law is less favourable than that of his country and that the law of his country creates an obstacle to trade in the internal market which is justified by consumer protection.

This choice obliges the professional to apply, despite European directives, as many different laws as there are countries to which he carries out his sales activity.