General terms and conditions of sale
General conditions of sale written on June 10, 2021.
Preamble : Definitions
The editor: the editor of the present site, as defined in the legal mentions.
The customer: any person, physical or moral, wishing to buy a product sold by the present site.
The product: A physical product sold on Shoe Fetish.
The website: The content available under the domain name https://shoefetish.fr/
The present conditions of sale are inseparable from the legal mentions and apply between the editor and the customer.
I : Object
The present conditions of sale define the contractual relations between the editor and the customer as well as the conditions applicable to any purchase made on the site and this, that the customer is professional or private individual.
The purchase of a product implies the acceptance without reserve by the customer of the present conditions of sale.
These terms of sale shall prevail over any other general or specific terms not expressly approved by CAPIR SAS.
CAPIR SAS reserves the right to modify the conditions of sale at any time. The applicable conditions are those in force at the date of the customer's order.
II : Force majeure
The obligations stipulated in the present general terms and conditions of sale shall be suspended in case of a force majeure event as defined by the jurisprudence of the French courts. The respective obligations of the parties will be suspended for the duration of its existence.
III : Products
The product is the one presented on the page of the site which describes it and contains the button of purchase.
The product is a physical product, whose main characteristics appear on its product sheet. Any additional information can be provided through the contact form.
IV : Price
The price listed on the sales page is in euros (€), all taxes included (TTC).
Any order, whatever its origin, is payable in euros (€).
The publisher reserves the right to change the price at any time. The price shown on the sales page on the day of the order is the only one applicable to the customer.
In case the customer is unable to use the payment site PayPal.com (see V) or if he does not wish to use it, any additional charges that may be due are at the customer's expense, including shipping costs, taxes and local, national or international fees.
The customer located outside metropolitan France is invited to inquire about import duties or taxes that may be applicable in the case, and will be responsible for their declaration and payment.
An invoice with mention of VAT cannot be presented by the publisher since he carries out his activity under the status of auto-entrepreneur.
V: Payment terms
Payment is due at the time of order.
Failure to pay will result in suspension or termination of the order.
If the customer chooses to pay by check or bank transfer, it must be received within seven days maximum from the date of the order, otherwise the publisher reserves the right to cancel the order.
If the payment is made by credit card, it will be made through the secure sites PayPal.com (PayPal Europe S.à r.l. & Cie, S.C.A. 22-24 Boulevard Royal. 5th floor. 2449 Luxembourg) or Stripe (3180 18th Street, CA 94110, San Francisco, USA), which use the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the Internet.
The publisher is not responsible for the PayPal.com site and cannot be held responsible by the customer for the consequences of a misuse of the PayPal.com site on his part, nor for the inaccessibility of this site if this eventuality were to occur.
The customer's account will be debited immediately.
VI : Delivery
The sale of the Product on the site is reserved to the customers whose country of residence is metropolitan France. For any order located outside this area, please contact the publisher via the contact form.
VII : Order
The Customer acknowledges having verified the suitability of the product to his needs and having received from the publisher all the information necessary to subscribe to the present commitment in full knowledge of the facts.
The customer declares to be at least 18 years old and to have the legal capacity or to be holder of a parental authorization allowing him to place an order on the site.
The customer declares that the bank account associated with the payment card or the PayPal.com account that he/she uses during the payment is his/her own or that he/she has the legitimate authorization of its owner to use it.
VIII : Receipt
All the data provided and the confirmation recorded on the site will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations.
IX : Delivery
The Product is delivered by La Poste or Mondial Relay, or can be collected on site.
The delivery consists in sending a tracked mail or a parcel containing the confirmation of the order and the product(s).
In the event of non-receipt of the order, the customer must contact the publisher within thirty days from the date of payment to obtain the necessary assistance. After this period, no refund will be made in case of dispute by the customer.
In the event of a technical incident, the publisher undertakes to make every effort to deliver to the customer as soon as possible, under penalty of termination of the contract and full reimbursement of the sums paid.
X: Order confirmation
The publisher will communicate a confirmation of the order by e-mail. This e-mail is sent automatically by the e-commerce system (Prestashop) used on the site.
No other e-mail will be sent, except at the express request of the customer made by post or electronically.
XI : Refunds
The customer has a period of thirty days from the date of delivery to exercise his right to refund.
Any request for refund will be made by post or electronically to the publisher.
In the event of a request, the publisher undertakes to reimburse the customer within ten working days from the date of receipt of the said request. Unless explicitly agreed otherwise by both parties, the refund will be made to the payment method used by the customer.
The customer who has made a request for reimbursement undertakes to return the product to the publisher within a maximum of 48 hours from the date of his request.
XII : Commitments of the publisher
The publisher undertakes to take all the necessary care and diligence to provide a product and a service of quality in accordance with the uses of the profession and the state of the art, in particular as regards communication with the customer.
The publisher undertakes to take all reasonable precautions to ensure the physical protection of the customer's personal data and to ensure their confidentiality.
The editor is only bound by an obligation of means. Its responsibility could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
The product is in conformity with the French legislation in force and the standards applicable in France. The responsibility of the editor could not be committed in the event of nonrespect of the legislation of the country where the product is delivered. It is up to the customer to check with the local authorities of his country of residence the possibilities of use of the product which he plans to order on the site.
XIV : Intellectual property
All the elements of the site, product and its appendices included, are and remain the intellectual and exclusive property of the editor.
Except explicit mention on the site, or explicit license, nobody is authorized to reproduce, exploit, rebroadcast, or use in some title that it is, and by some means that it is, entirely or partly, of the elements of the site, that they are editorial, software, sound or visual.
XV : Personal data
The editor undertakes that the collection and processing of personal information of the customer, carried out on the site, are made in accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, known as Law "Data processing and Freedoms".
The automated processing of nominative data carried out on the site has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the number 1295074.
The recorded information will not be the subject of any transfer without the prior agreement of the customer.
In accordance with article 34 of the law "Informatique et Libertés", the editor guarantees to the customer a right of opposition, access, rectification and deletion on the personal data concerning him.
The customer can exercise this right by mail or by electronic way by indicating his first name, name and e-mail address.
XVI : Archiving and proof
The publisher will archive the transaction data on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the publisher will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
XVII : Unwritten clause
If any of the terms and conditions herein are found to be invalid, said clause shall be deemed unwritten but shall not invalidate the rest of the general terms and conditions of sale, which shall therefore remain fully valid.
XVIII : Dispute resolution
The present conditions of sale on line are subjected to the French law whatever the place of use or acquisition.