Terms and Conditions of use

1. Introduction

1.1. SCOPE OF APPLICATION

These terms and conditions of sale and the “Legal Notices” apply to the online store www.carrierefreres.com which sells Carrière Frères brand products available for delivery in Europe (European Union countries), Switzerland and United Kingdom, excluding post office boxes and overseas departments and territories.

Any order placed on the Carrière Frères online store constitutes full and complete acceptance of these TCS by the customer making the purchase. These TCS can be printed and are accessible from all pages on the Website.

These TCS may be modified at any time, the applicable TCS being those that the Customer accepts when placing his order.

1.2. CORPORATE NAME

The website www.carrierefreres.com, which notably presents the Carrière Frères online store, is published by C.I.R., a société par actions simplifiée with a capital of EUR 550,832.00, having its registered offices at 23, Rue d'Anjou 75008 Paris. It is registered with the Paris Trade and Companies Register under number 552 057 002.

The director of publication is Mr Olivier Blondeau, in his capacity as Chairman of the company.

CIR is hereinafter referred to as Carrière Frères or the Seller.

1.3. DEFINITIONS

“TCS”: refers to these terms and conditions of sale and their schedules.

“Website”: refers to the Website www.carrierefreres.com and all of its pages.

“Products”: means the Carrière Frères brand Products available and sold Carrière Frères' Online Store.

“Customer(s)”: refers to the Internet user, consumer or non-professional, placing an order for Product(s) on the Website.

“Consumer(s)”: means any adult individual who purchases the Products for purposes which do not fall within the scope of his commercial, industrial, artisanal, self-employed or agricultural activity.

“Non-Professional”: means any legal entity that purchases the Products for non-professional purposes.

“Territory”: refers to the European Union and United Kingdom (excluding French overseas departments and territories) and all delivery countries mentioned on the Website.

1.4. INFORMATION REGARDING THE CUSTOMER

Carrière Frères sells Products online to consumers and non-professionals.

Products are retailed strictly for personal use. The Seller reserves the right not to deliver any order that appears to not be in keeping with personal or non-professional needs, in particular as regards the volume of products ordered, even if the order was initially validated on the Website.

The opening of a customer account and use of the Website are reserved for persons with the legal capacity to contract. By placing an order on the Website, the Customer declares that he has the legally capacity to do so. Carrière Frères cannot be held liable if a minor or a person without the legal capacity to do so purchases a product on the Website without supervision or authorisation. If you have any questions about your order, you can contact Carrière Frères' customer service department using our contact form.

1.4. INFORMATION ABOUT THE PRODUCTS

The products offered for sale on the Website are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.).

However, differences in appearance between the Products delivered and the photographs and illustrations featured on the Website do not allow the Product delivered to be considered non-compliant.

Furthermore, depending on the hardware used by the Customer and in particular the graphic settings of the screens used, the illustrations and photographs featured on the Website may appear different to the Products themselves.

Carrière Frères reserves the right to correct any errors or omissions, and to change or update information at any time without notice.

1.5. INFORMATION REGARDING PRICING

The prices applied are those appearing on the Website at the time of the order.

The Customer is informed that prices are subject to change. The Customer is therefore invited to pay attention to the price in force when placing an order and which is brought to his attention when the product is added to the basket.

Prices will be displayed depending on the country of destination in Euro (€) or Pound Sterling (£) including VAT, and do not take into account the delivery costs for the order (hereinafter the “Delivery Costs”). VAT is indicated. The Customer will be informed of delivery costs on the basket confirmation and order summary pages, before validation and payment of the order.

2. ORDER 

2.1. ORDER PROCESS

The Customer can create a customer account by completing a registration form. The Customer undertakes to provide accurate information and to keep said information up to date. Carrière Frères cannot be held responsible for any inaccuracies in the information provided by the Customer, in particular if this results in errors during delivery. The customer account grants access to a personal space which notably allows the Customer to track orders.

However, it is possible to place an order as a guest.

The Customer is invited to select the products he wishes to purchase and add them to the basket by clicking the “add to basket” button. The Customer can delete products from his basket at any time, by clicking on the “basket” icon present at the top right-hand side of all pages on the Website.

The Customer is invited to view the summary of his order by clicking on the “basket” button. At this stage, he can check the order details and identify and correct any errors made when entering data. On this page the Customer can also obtain an estimate of shipping costs by indicating the delivery country as well as the departement or region.

To finalise his order, the Customer must confirm his delivery and billing address, or enter a new delivery address for the Territory and/or a new billing address.

After validating the basket by clicking on the “Proceed to Checkout” button, the Customer can then either pay as a guest or log into his account to complete the payment.

If the Customer chooses to order as a guest, then he must enter his payment details. If the Customer has already created a customer account and has logged onto the Website using this account, this information can be automatically retrieved from his account, only if it has already been saved with the Customer’s consent.

Once payment has been confirmed, the Customer receives an order confirmation email.

The Customer formally accepts the use of email for confirmation by Carrière Frères of the content of the order.

2.2. PRODUCT AVAILABILITY

Product offers are subject to stock availability.

Indications on the availability of products are provided at the time the order is placed, on the Product page. If it transpires that, despite Carrière Frères' best efforts, the products ordered are no longer available, Carrière Frères will inform the Customer by any means (phone call or email) at the earliest opportunity.

Depending on the delivery times indicated, the Customer can choose to maintain or cancel his order.

The amount corresponding to the unavailable Product(s) will not be debited from the Customer’s bank account.

2.3. CANCELLATION OF THE ORDER - REFUSAL OF THE ORDER

Once the order has been validated and paid for, it cannot be cancelled under any circumstances.

Carrière Frères reserves the right to refuse to honour the order in the event of a dispute with the Customer, until said dispute is resolved.

To protect its customers against any attempted online fraud, Carrière Frères reserves the right to refuse to ship orders from untraceable or free email addresses.

Carrière Frères also reserves the right to refuse to ship orders containing invalid telephone numbers.

3. Payment

Payment of the order is made at the time the order is placed, by bank card only. Carte Bleue, Visa and Mastercard cards are accepted.

Carrière Frères has set up a secure payment system for all orders placed on the Website. Payments are made on an external platform via a payment service provider - Hipay - which implements 3D Secure measures.

The Customer must enter his card number, its expiry date and the CVV.

Following payment confirmation, the Customer will be redirected to a 3D secure page asking him to enter a code received by the Customer using the 3D secure conditions agreed with his bank. Once the transaction has been validated, the customer will be redirected to the Website www.carrierefreres.com, and will see his order confirmation.

4. Shipping and receiving the products

4.1. DELIVERY CONDITIONS

Carrière Frères only delivers Products ordered to European Union countries, to Switzerland and United Kingdom (excluding P.O. Boxes, French Overseas Departments and Territories, Cyprus and Malta). 

Carrière Frères reserves the right to make the shipment of the order conditional upon full payment of the price by the Customer.

Different delivery methods are available:

- shipment by DPD: for Europe and Monaco

- shipment by Chronopost: for the United Kingdom and Switzerland

Delivery times are indicated below. These times are in working days and run from the date of shipment of the order.

4.2. DELIVERY COSTS

Delivery costs are not included in the price of the order and are added to it at the time of validation and payment.

	Free shipping if orders above	Shipping cost for orders below the level	Delivery time (days)
France	80€	8€	Between 2 and 5  working days
Monaco
Netherlands
Germany
Belgium
Luxembourg
Italy
Spain
Poland
Austria
Denmark
Sweden		12€	Between 3 and 7 working days
Czech Republic
Hungary
Portugal
Slovakia
Ireland
Lithuania
Latvia
Estonia
Slovenia
Croatia		15€	Between 3 and 7 working days
Roumania
Finland
Greece
Bulgaria
UK	£100	£18	2 days
Switzerland	/	30€	2 days

For all orders within the European Union and for an amount greater than or equal to eighty euros (€80) and greater than or equal to one-hundred pound sterling (£100) within the United Kingdom, delivery is free of charge.

4.3. RECEIPT OF GOODS

Upon delivery of the order, the Customer must check the conformity and condition of his order in the presence of the carrier and, as may be relevant, note any useful reservations concerning visible defects (missing product, damaged package).

The Customer is invited to contact the Customer Service department of the Carrière Frères online store contact form. within fourteen (14) working days following receipt of the products. Unless there is a legitimate reason, any claim made after this period will be considered inadmissible.

5. TITLE RETENTION AND TRANSFER OF RISKS

Carrière Frères remains the owner of the products until full payment has been made.

The Customer accepts the risks of damage to or loss of the Products, as well as liability for any harm they may cause, as soon as delivery is made, and all risks related to transport of the Products in the event of return.

6. RIGHT OF WITHDRAWAL

6.1. THE RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L221-18 to L221-28 of the French Consumer Code, the Customer has the possibility, without it being necessary to provide grounds, to withdraw from his order within fourteen (14) days as from the date of receipt of the product(s) ordered, the date appearing on the carrier’s receipt signed by the Customer being taken as proof.
In the event of staggered delivery, the delivery date of the last article will be the date taken into account. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
As a reminder, the right of withdrawal concerns only consumers and non-professionals.

6.2 EXERCISING THE RIGHT OF WITHDRAWAL

The Customer must express his unequivocal wish to withdraw from the contract. To make it easier for the Customer to exercise his right of withdrawal, Carrière Frères has created a withdrawal form which it recommends using for any withdrawal request. The Customer must complete the form and return it by post to the following address, Carrière Frères, 23 rue d'Anjou 75008 Paris, or by using the contact form, which allows a file to be attached to the request, and which can be accessed via the following link: contact form.

Although its use is recommended, as it helps to avoid misunderstandings regarding the purpose of the request, the Customer is not required to use this withdrawal form. In any case, the Customer must clearly and unequivocally express his desire to withdraw from the contract. There should be no doubt whatsoever as to his intention. The Customer can use the postal address or email address specified above to communicate his withdrawal request to Carrière Frères, on any medium and in any manner whatsoever.

6.3. CONDITIONS REGARDING RETURNS

Each Product must be returned in new condition with its original packaging. Carrière Frères will not issue any refund if the Products returned by the Customer do not correspond to the product(s) ordered or were purchased elsewhere than the Website.

Return postage costs will be borne by Carrière Frères, which will send the prepaid DPD or Chronopost shipping label to the Customer before the order is sent back for exchange or return. The Customer must then drop the parcel off at the corresponding collection point (DPD or Chronopost) of his choice. The Customer will then be refunded upon receipt of the product(s).

6.4 ORDER REFUNDS

Carrière Frères will refund the returned products, as well as the delivery costs by crediting the bank card used for payment. In the event of a partial return of the products, the delivery costs will not be refunded by Carrière Frères insofar as the Customer benefited from the delivery service for the products kept. The refund will be issued within a maximum of fourteen (14) days as from (i) the return of the products or (ii) the date on which the Customer provided proof of the shipment of the products (the date of whichever takes place first will be retained).

7. AFTER-SALES SERVICE

Claims relating to the Products ordered on the Website, including those relating to the exchange of Products, are dealt with exclusively via the Website’s after-sales service, which can be contacted using the contact form.

The Carrière Frères stores and any point of sale for Carrière Frères products should not be contacted under any circumstances for claims related to an order placed on the Website.

8. LIMITED LIABILITY

Carrière Frères cannot be held liable for the failure to perform or incomplete performance of one of its obligations if said poor performance is due to a force majeure event as defined by law, caused by the Customer or the unforeseeable and insurmountable action of a third party to the contract.

The Products must be used in accordance with the recommendations for use accompanying each Product. The modification of the Product, its transformation, misuse or use in a way which does not comply with these recommendations may result in harm for which Carrière Frères cannot be held liable.

9. LEGAL WARRANTIES

Carrière Frères does not offer any warranties in addition to the legal warranties.

9.1. NON-CONFORMITY AND HIDDEN DEFECTS

Carrière Frères is bound by the statutory warranty of conformity and the warranty for defects regarding the goods sold.

The Customer is invited to verify the conformity of the products received in performance of his order and, in the event that a defect is observed, to contact the Customer Services department of the Carrière Frères online store, which will handle the issue and inform him of the return and replacement or refund terms and conditions. In the event of a non-conformity or proven defect, the cost of returning the Product will be borne by Carrière Frères.

The replacement product will not be delivered until Carrière Frères has received the defective product. If it is not possible to replace the product or it cannot be replaced within one (1) month as from receipt of the defective product by Carrière Frères, the Customer will have the choice between:
- Returning the product and requesting a refund,
- Or keeping the product and asking Carrière Frères to refund part of the price of said product.

9.2. DISCLAIMER

If the products returned by the Customer do not correspond to the products ordered and were purchased elsewhere than on the Carrière Frères online store, Carrière Frères will not be bound by the obligations set forth in Article 9.1 above.

10. PERSONAL DATA

The Customer, and more generally any user of the Website, may be required to communicate personal data to Carrière Frères, in particular when creating a customer account, placing an order(s), subscribing to the Newsletter (etc.). Carrière Frères can collect user log-in data, such as the IP address or connection time, via computer tracers and tools.

Carrière Frères is committed to respecting the privacy of its Customers and Website users.

Carrière Frères implements technical solutions to ensure data privacy, and pays particular attention to ensuring that only those employees whose duties require it have access to the personal data of Website users and Customers.

The data collected is collected for the purpose of processing purchases made by the Customer and shipment of orders. It can be used for advertising and promotional purposes, if the Customer gives his consent in advance (this may for example be the sending of advertising emails after subscribing to the Carrière Frères Newsletter).

Certain data is necessary for the performance and delivery of orders. The Customer is never forced to provide this data, but Carrière Frères may not be able to fulfil the Customer’s requests if said data is not provided. The information necessary for the performance and delivery of orders, such as the postal address, is also communicated to the carrier.

In any case, and in accordance with the provisions of the General Data Protection Regulation and the French Data Protection Act, the Customer is entitled to access his personal data. He can consult or request the modification, deletion or portability thereof.

To do so, the Customer must express his wish to access, modify or delete his personal data and provide Carrière Frères with evidence of his identity by post to the address Carrière Frères – 23, Rue d'Anjou 75008 Paris or by using the contact form.

Carrière Frères reserves the right to make access to personal data conditional upon the presentation of a valid form of identification.

11. INTELLECTUAL PROPERTY

Carrière Frères owns the domain name “www.carrierefreres.com”.

The Website is an intellectual work protected by intellectual property rights, in particular by copyright. The website as a whole, as well as the products sold on it, and each of the components (such as films, photographs, logos, trademarks, drawings or models, texts, tree views, software, animations, illustrations, diagrams) are the exclusive property of Carrière Frères, which alone is authorised to use the related intellectual property rights. 

Use of all or part of the website, in particular by downloading, reproduction, transmission, representation or distribution is strictly forbidden. Breach of these provisions will result in the Customer being subject to the penalties provided for by law.

When you use a “share” feature offered on the website in order to discover a Carrière Frères brand product, you acknowledge and accept that the content made available by sharing should only be used for purely personal purposes, excluding any commercial use on websites or web pages and/or any other digital medium for commercial purposes.

Hyperlinks to the website can only be created with Carrière Frères' prior written consent. Said permission can be revoked at any time. All websites with a hypertext link to the website are not under Carrière Frères’s and Carrière Frères cannot therefore be held liable (in particular editorial liability) for the access to and content of these websites.

Carrière Frères is free to change the content of the website at any time and without notice.

12. GOVERNING LAW / DISPUTES

These TCS are governed by French law and applicable to any dispute arising between Carrière Frères and the Customer.

In the event of a dispute relating to the Carrière Frères online store, the Customer will first contact Carrière Frères to seek an amicable solution. 

Failing this, the French courts will have jurisdiction to hear any dispute.

13. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges that he was informed of these TCS prior to his order, in a legible and intelligible manner. 

He acknowledges that the information referred to in Article L221-5 of the French Consumer Code was communicated to him, and in particular:
- the essential characteristics of the Product;
- the price of the Product;
- the delivery costs;
- the identity of the seller, C.I.R., its activity and contact details;
- information relating to the collection and processing of personal data;
- information relating to warranties;
- information relating to the consumer’s right of withdrawal and exercising said right;
- other important contractual conditions.