ARTICLE 1: SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales made by CHERICUP, whose registered office is located at 112 avenue de Paris, 94306 Vincennes (France) (hereinafter referred to as “ CHERICUP ”), to any natural or legal person wishing to acquire the products offered for sale by CHERICUP on its website https://chericup.com/fr_en (hereinafter referred to as the “Customer”).
These terms and conditions of sale are intended to define the contractual relationship between CHERICUP and the Customer, as well as the conditions which apply to any purchase made through the CHERICUP commercial website.
By checking the box provided for this purpose, the Customer declares to have read and accepted these General Terms and Conditions of Sale as well as the Privacy Policy before starting the online ordering procedure on the website https://chericup.com/fr_en. Placing an order for a Product in the online shop on the website implies that you have read and accepted these terms and conditions of sale without restriction or reservation.
The Customer acknowledges having the necessary capability to contract and acquire the Products offered on the https://chericup.com/fr_en website.
CHERICUP reserves the right to modify these general terms and conditions of sale from time to time to reflect changes in legislation. These modifications will be applicable as soon as they are published online. The version that applies to the Customer’s purchase is the current version on the website on the date the order is placed.
Unless there is proof to the contrary, the data recorded in CHERICUP’s computer system shall constitute proof of all transactions entered into with the Customer.
ARTICLE 2: PRE-CONTRACTUAL INFORMATION
When a natural or legal person places an order on the https://chericup.com/fr_en website, this shall imply full adherence to and acceptance of these General Terms and Conditions of Sale, the Privacy Policy and the obligation to pay for the ordered products, which is expressly acknowledged by the Customer, who waives the use of any contradictory document, which would be unenforceable against CHERICUP.
ARTICLE 3: ORDERS
1 Information about ordering
The contractual information is provided in French and is confirmed at the latest when the Customer validates the order.
Some offers may be specifically announced as being available for a short time only. Because inventories are limited, if the inventory has been sold out, this will be announced at the time of placing the order.
The Products offered are those which appear in the catalog published on the website and which have been subject to quality control. CHERICUP shall endeavor to present all the features of the products by means of photographs and a fact sheet based on the data supplied by the manufacturer. CHERICUP undertakes to do its best to describe the products with the greatest possible accuracy, however CHERICUP cannot be held liable for any errors or omissions in this presentation. The main features of the Products, including the specifications, illustrations and indications of the size or capacity of the Products are presented on the website.
The Customer is obliged to review this description before placing an order. The choice and purchase of a Product is the Customer’s sole responsibility. The Customer is responsible for referring to the description of each Product in order to be aware of its characteristics and essential features.
The Customer acknowledges that the photographs on the website cannot perfectly represent the appearance of the Product. The actual visual impression may differ slightly from the photograph, particularly with regard to color. The Customer acknowledges that CHERICUP cannot be held liable on this basis.
The sale will be considered to be final only after CHERICUP has sent the Customer an email confirming acceptance of the order – and after CHERICUP has received the full price.
Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, regardless of how they market their products. The Customer acknowledges and accepts that CHERICUP reserves the right to refuse an order that has obviously been validated by a professional seller, with regard to the number of products ordered in a single order and with regard to the number of individual orders placed for the same product in comparison with the usual quantity ordered by the average consumer.
2 Order confirmation
The registration of an order on the Provider’s website is made when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates the order.
The Customer has the opportunity to check the details and the total price of the order and to correct any errors before confirming acceptance. The Customer is responsible for verifying the accuracy of the order. CHERICUP will not be able to modify or cancel the order.
The Customer must:
Validate his/her orders in the shopping cart after checking it;
Log in to his/her Customer account if he/she has one. Otherwise, the Customer may either create a personal Customer account, or choose to continue the purchase without creating an account;
Indicate or confirm the billing and delivery address;
Confirm his/her order and payment amount;
Validate payment.
Any order placed on the website constitutes the establishment of a contract entered into remotely between the Customer and CHERICUP.
CHERICUP reserves the right to cancel or refuse any of the Customer’s orders when there is a dispute over payment for a previous order.
CHERICUP will send the following information in an initial email: registration, order confirmation, invoice and delivery time of the order.
CHERICUP will send the carrier’s registered delivery number in a second email so the Customer can track the delivery.
ARTICLE 4: RATES
The Customer therefore undertakes to check to see whether it is possible to import the ordered products to the country of delivery. Delivery is made on a DDU (Delivery Duty Unpaid) basis. The recipient will be obliged to pay all import or local taxes on the order.
1) Due
The payment of the full amount is required for the purchase of any product on the Chéricup website.
2) Means of payment
Payments by credit card (Visa / Mastercard / Carte Bleue) are accepted as well as Paypal through a secured payment module installed in our website by a banking establishment.
3) Security
The website is equipped with a security system for online payments allowing customers to encrypt and protect their Bank data information.
The customer account shall be debited when the payment for the pruchases is validated.
Local taxes will be charged to the customer.
ARTICLE 5: TERMS OF DELIVERY
The address indicated by the Customer cannot be modified once the order has been validated. KITSUNÉ or the carrier cannot be held responsible in the event of the inability to deliver due to an inaccurate delivery address (please note that the use of post office boxes is prohibited).
Chericup declines all responsibility regarding any delays due to a customer fault, in case of unforeseeable and insurmountable event from a third party to the contract or major force.
Is considered a customer fault: The indication of an incomplete or incorrect address or the absence of withdrawal of the package within the time limits provided for this purpose. In such cases, the cost of reshipment will be borne by the customer.
In any case, the customer has the option to terminate the contract if the delivery of the product has not occurred within time limit initially indicated.
The right of rescission is exercised in accordance with the provisions of article L.216-2 of the French consumer code:
The customer must first, as a first step, contact Chéricup by registered letter with request for acknowledgment of receipt to the following address: CHERICUP 112 avenue de Paris 94306 Vincennes or by email: contact@chericup.com to make the delivery within a reasonable additional time. The delivery will be made according to the following methods:
For deliveries in France, shipments will be made via La Poste Colissimo or Mondial Relay.
The delivery cost amount is indicated in the shopping cart section and must be approved by the Customer before each order is validated.
ARTICLE 6: TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from CHERICUP to the Customer shall be made at the time of delivery. This constitutes the transfer of physical possession or control of the Product to the Customer.
ARTICLE 7: CUSTOMER SERVICE AND CLAIMS
In the event of a claim, the Buyer may first contact CHERICUP customer service by email at: contact@chericup.com
ARTICLE 8: LIABILITY AND GUARANTEE
The Products sold on the https://contact@chericup.com /fr_en website comply with the current regulations in France and are intended for non-professional use.
In accordance with the legal provisions and independently of the right of withdrawal, the Products provided by KITSUNÉ automatically entitle the Customer, without additional payment, to:
the legal guarantee of conformity of goods for Products that appear defective, damaged or do not match the order;
the legal guarantee against hidden flaws arising from defects in material, design or manufacture which affect the delivered products and render them unfit for use, under the conditions and in accordance with the procedures listed below.
The client can choose between having the ordered Product repaired or replaced, subject to the cost conditions provided by Article L 217-9 of the French Consumer Code;
If the ordered Product cannot be repaired or replaced, the Customer may request a refund of the amount paid for the order;
CHERICUP will refund, replace or have the non-conforming Products or parts repaired under warranty.
The refund will be credited to the Customer’s bank account or sent to the Customer by bank check.
CHERICUP shall not be held liable in the following cases:
non-compliance with the laws of the country to which the products have been delivered, which it is the Customer’s responsibility to verify,
in case of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the case of normal wear and tear of the Product, accident or force majeure.
In any event, CHERICUP warranty is limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 9: LIABILITY AND FORCE MAJEURE
In the online sales process, CHERICUP shall be bound only by an obligation of means. CHERICUP cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, hacking, viruses, service interruption or other unintended problems.
However, concerning the non-performance or the improper performance of the contract, CHERICUP can exempt itself from all or part of its liability by providing proof that the damage is attributable to the consumer, to the unforeseeable and unavoidable act of a third party to the contract, or to a case of force majeure. Force majeure takes into account unavoidable facts or circumstances external to the parties, despite all reasonable efforts to prevent them. Cases of force majeure also include blockages of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties.
ARTICLE 10: INTELLECTUAL PROPERTY
The content of the https://chericup.com/fr_en website is the property of CHERICUP and its partners and is protected by French and international intellectual property laws.
Any reproduction in whole or in part of this content is strictly prohibited and may constitute an infringement of copyright. No person is authorized to reproduce, exploit, broadcast or use the visual or audio elements, or part of the elements, of the site for any purpose whatsoever. Simple or hypertext links are strictly prohibited, except with the express written consent of CHERICUP.
CHERICUP also retains ownership of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes made (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Customer agrees not to reproduce or use these studies, drawings, models and prototypes without the express prior written authorization of CHERICUP, which may be contingent upon financial compensation.
Consequently, any copy and use of the CHERICUP trademark or any parasitic use of the website will be automatically prosecuted and punished.
ARTICLE 11: PERSONAL DATA AND COOKIES
Personal data and website cookies are processed in accordance with CHERICUP Privacy Policy, which is available here
ARTICLE 12: APPLICABLE LAW
These online General Terms and Conditions of Sale are governed by and subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 13: LEGAL INFORMATION
CHERICUP France is a brand with a capital of 1000 euros, whose head office is located at 112, avenue de Paris – 94306 VINCENNES (France), registered at the Registre du Commerce et des Sociétés de CRETEIL, under the number Siret : 899 724 017 00020 Intracommunity VAT : FR11899724017.