General Terms and Conditions of Sale
ARTICLE 1 - GENERAL PROVISIONS
Acrili is a limited liability company incorporated under the laws of the United States of America, with its registered office located at 2105 Vista Oeste NW, Albuquerque, NM 87120, USA.
Acrili publishes and operates the website https://douxcachemire.com/ (subdomain for the English section de.douxcachemire.com), which offers scarves for men and women.
The Doux Cachemire website is hosted by OVH, which is registered in the Trade and Companies Register of Lille Metropole under SIREN number 424 761 419 and whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France.
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between the company Acrili and the buyer, as well as the conditions for each purchase of products via the website https://douxcachemire.com/.
These terms and conditions constitute a legally binding contract between the buyer and Acrili and govern the buyer's access to and use of the Doux Cachemire website, including its subdomains and any other websites through which Doux Cachemire offers its services.
Doux Cachemire may contain links to third-party websites or resources, for which different terms and conditions and privacy policies may apply.
The manner in which Doux Cachemire collects and uses personal data in connection with the customer's access to and use of the website is described in these Terms and Conditions.
ARTICLE 2 - DEFINITIONS
In these General Terms and Conditions of Sale, words or phrases beginning with a capital letter have the following meaning:
"CUSTOMER": any business, private individual or consumer who places an order with the Doux Cachemire brand.
"PRODUCT CODE": refers, in both singular and plural, to the EAN code (barcode) or an equivalent that represents the identifier of a product.
"GENERAL TERMS AND CONDITIONS OF SALE": this document including its appendices.
"CONTENT": refers to, but is not limited to, the structure, layout of the services, editorial content, texts, headings, drawings, illustrations, photos, images, sounds, videos and any other content of the services and/or any other element that constitutes the services.
"CONTRACT": means the agreement reached between the parties regarding the performance of the contract by the company for the benefit of the customer, after the customer has accepted these terms and conditions and paid for his order under the conditions set out below.
"COMPANY": refers to Acrili LLC, whose registered office is located at 2105 Vista Oeste NW, Albuquerque, NM 87120, USA.
"PARTIES" means individually the company or a customer, and jointly the company and a customer.
"PRICE" is the price stated by the seller for their offer to sell a product.
"TRANSACTION PRICE" refers to the total price of the product to be paid by the buyer, including, in addition to the product's selling price, the flat-rate shipping costs.
"SITE": refers to the internet site owned and operated by Acrili.
"USER": refers to any person who uses the website or any of the services offered on the website or by the company.
ARTICLE 3 - PURPOSE
Acrili is a limited liability company under American law, whose registered office is located at 2105 Vista Oeste NW, Albuquerque, NM 87120, USA.
Acrili publishes and operates the website https://douxcachemire.com/, which sells scarves for men and women.
The Doux Cachemire website is hosted by OVH, which is registered in the Trade and Companies Register of Lille Metropole under SIREN number 424 761 419 and has its registered office at 2 rue Kellermann, 59100 Roubaix, France.
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between the company Acrili and the buyer, as well as the conditions for each purchase of products via the website https://douxcachemire.com/.
These terms and conditions constitute a legally binding contract between the buyer and Acrili and govern the buyer's access to and use of the Doux Cachemire website, including its subdomains and any other websites through which Doux Cachemire offers its services.
Doux Cachemire may contain links to third-party websites or resources, for which different terms and conditions and privacy policies may apply.
The manner in which Doux Cachemire collects and uses personal data in connection with the customer's access to and use of the website is described in these Terms and Conditions.
ARTICLE 4 - PRODUCTS
The products offered are those listed on the Acrili company website https://douxcachemire.com/ within the scope of available stock.
Each product is presented on the website in the form of a description of its main technical characteristics (dimensions, use, composition, etc.).
The product description accurately reflects its actual characteristics.
Doux Cachemire provides at least the following information: the name of the product, the essential characteristics of the product, its condition, the price of the transaction and, where applicable, the product code.
The photos are as accurate as possible, but are not binding for the seller.
Doux Cachemire undertakes to carry out all validations and checks and to make all necessary clarifications to ensure that the description and elements of the offer are truthful and do not mislead the buyer.
To ensure compliance with the above requirements, Doux Cachemire reserves the right to change its product range at any time.
The sale of the products presented on the website https://douxcachemire.com/ is aimed at all buyers residing in countries that permit the unrestricted import of these products into their territory.
ARTICLE 5 - PRICES
The products will be delivered at the prices valid on the day the customer places the order on the website https://douxcachemire.com/.
The prices quoted do not include shipping costs (unless otherwise stated), which will be charged in addition to the price of the purchased products depending on the total amount of the order and the agreed geographical zone.
For sales within the European Union, the prices listed in the catalog are inclusive of VAT in euros, taking into account the VAT rate applicable on the day of the order, as set by the authorities of the country of delivery. Any change in the tax rate may affect the price of the products or services.
For sales outside the European Union (including Switzerland and the United Kingdom), the prices listed in the catalog are in euros and exclude VAT. The customer authorizes the company to handle customs formalities on their behalf and at their expense. The customer then becomes the importer of the order and is responsible for paying VAT and any other taxes associated with the purchase.
Acrili reserves the right to change its prices at any time, however the price listed in the catalog on the day of the order is the only price that applies to the buyer.
ARTICLE 6 - ORDERS AND PAYMENT TERMS
Any order for products offered on the website implies the prior, express and unconditional acceptance by the buyer of these General Terms and Conditions of Sale at the time of validating his order under the conditions and in accordance with the provisions of this article.
By accepting these General Terms and Conditions of Sale, the buyer declares:
- he declares that he has taken note of all the provisions;
- he acknowledges that he has received the necessary advice and information to ensure that the products offered by the seller are suitable for his needs;
- He declares that he is legally competent under French law or that he effectively represents the natural person for whom he is concluding the contract.
The buyer can create an account on the website https://douxcachemire.com/ without obligation.
The account creation section is directly accessible via the side menu bar.
On each visit, the buyer can identify themselves with this information if they wish to place an order or view their account (order status, profile, etc.).
Payments will only be made using the payment methods specified on the website.
Acrili offers the buyer the option to order and pay for products in several steps, choosing between the following payment methods: secure payment via PayPal or secure payment via credit card.
The buyer selects the products he wishes to order in the "shopping cart", changes it if necessary (quantities, references...), checks the delivery address or enters a new one.
Then the shipping costs are calculated and communicated to the buyer, as well as the name of the transport company (La Poste, Colissimo, Colis privé, etc.).
The buyer then selects their preferred payment method: "Payment via PayPal" or "Payment via credit card".
The next step is to review all the information, read and accept these General Terms and Conditions of Sale by ticking the appropriate box, and then confirm the order by clicking the "Confirm my order" button.
The buyer has the opportunity to review the details of their order and the total price, and to correct any errors, before confirming their acceptance.
Finally, the buyer is redirected to the secure PAYPAL or credit card interface to securely enter their PAYPAL or personal credit card details.
Payment via PayPal account or credit card is irrevocable.
In the event of fraudulent use of his bank card, the buyer can request the cancellation of the card payment; the amounts paid will then be credited back to him or refunded.
In order to obtain a refund of the fraudulent debit and the bank charges incurred by the transaction, the cardholder must dispute the debit in writing with their bank within 70 days of the transaction, or even within 120 days if the contract binding them to the bank stipulates this.
The deducted amounts will be refunded by the bank within a maximum of one month after receipt of the account holder's written objection. The account holder will not be charged any fees for the refund.
Should the transfer of the money owed by the buyer prove impossible for any reason (objection, refusal or other reasons), the order will be cancelled and the sale will not be completed.
The buyer acknowledges that his acceptance of the offer is made in consideration of the description of the product that is the subject of the sale and that it constitutes a firm commitment to enter into a contract with the seller on the terms of the offer.
The purchase agreement is concluded subject to the condition subsequent that the ordered product is available. Confirmation of the product's availability by the seller results in the cancellation of this condition subsequent.
If the availability of the product is not confirmed, the purchase agreement concluded between the buyer and the seller will be automatically and immediately terminated and the obligations of each party will be automatically cancelled.
It is clarified that in the case of a purchase agreement for multiple products, only the purchase agreement for the unavailable product will be terminated.
Confirmation of an order implies acceptance of these General Terms and Conditions of Sale, confirmation of having read them, and waiver of the right to invoke one's own terms and conditions of purchase.
All data provided and the recorded confirmation serve as proof of the transaction.
A legally binding contract with the buyer is concluded upon receipt of the order confirmation from Doux Cachemire.
The seller creates an invoice, which he sends to the buyer via email with each order.
The invoice includes the names of the contracting parties, their addresses and, if different, their delivery addresses, the date of sale, the quantity, the exact description and the unit price excluding VAT of the products sold and services provided, as well as any discounts granted at the time of sale or provision of services and directly related to the sale or provision of services, with the exception of discounts not listed on the invoice.
Since Doux Cachemire's headquarters are located abroad (United States), the customer's bank may charge currency conversion fees. Doux Cachemire does not deduct these fees; instead, the company will reimburse the customer in good faith upon presentation of a bank statement detailing the transaction and its amount.
The website https://douxcachemire.com/ is subject to a security system with SSL encryption to protect all sensitive data related to payment methods as effectively as possible.
The transmitted credit card information is encrypted using the SSL security protocol and stored with AES-256 encryption.
Doux Cachemire meets the requirements of the PCI-DSS standard and applies additional industry-wide standards.
The payment intermediaries PayPal and Stripe, used by Doux Cachemire, employ similarly stringent encryption methods to ensure a reliable security protocol. These methods are governed by the general terms and conditions for these intermediaries.
ARTICLE 7 - DISCOUNTS AND REFUNDS
The prices offered to the buyer include any discounts and rebates that the seller may grant depending on the number of orders placed at one time or the regularity of orders.
ARTICLE 8 - RETENTION OF TITLE
Acrili retains full ownership of the products sold until the price has been fully paid, including the principal, costs and taxes.
Notwithstanding the preceding paragraph, the risk of loss or damage to the products passes to the buyer (or a third party designated by him) the moment he takes physical possession of the ordered products.
ARTICLE 9 - DELIVERIES
Deliveries are guaranteed by the services of Colis privé, Colissimo, Chronopost and UPS from Monday to Saturday, depending on which option the customer has chosen when confirming their order.
The delivery costs applicable to the order are those stated on the website at the time of ordering.
The products will be delivered to the delivery address specified by the buyer during the ordering process, unless delivery restrictions are indicated on the page where the customer confirms their order.
Orders are processed via delivery service with shipment tracking and, if necessary, handover without signature.
Depending on the selection made during order confirmation, the product will be delivered to the buyer's doorstep or to a designated collection point. Delivery to hotels or post office boxes is not possible.
If the buyer is not at home, he will receive a notification from his postman, which will allow him to collect the ordered products at the nearest post office or relay point, within a period and at times specified by the postal services.
If delivery is not possible due to an incorrect delivery address or the customer's failure to collect the order from the selected collection point, no redelivery can be made and the customer will receive a refund within fourteen (14) days of Acrili receiving the order, less the cost of returning the goods.
In the event of a delay in delivery, the customer may request cancellation of the purchase and receive a refund of the amounts paid for the order within thirty (30) days of submitting their request. Notwithstanding the foregoing, Acrili cannot be held liable for the consequences of a delayed delivery, as only a refund of the product by Doux Cachemire is possible, to the exclusion of any other form of compensation.
Any delayed refund due to non-delivery will incur a surcharge of 10% for a delay of up to 30 days, 20% for a delay of 30 to 60 days, and 50% for a delay of more than 60 days.
Acrili delivers orders within a maximum of twelve (12) working days for deliveries to France and twenty (20) working days for international deliveries, calculated from the first working day after order confirmation. On the day after a collection's online release, during the end-of-season sale, and from November 23rd to December 31st, the delivery time may be extended by ten (10) days due to the high and exceptional volume of orders.
In order to meet these deadlines, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street, building, stairwell number, access codes, names and/or numbers of intercom systems, etc.).
Acrili cannot be held responsible for delivery delays that were not caused by Acrili or are due to force majeure (as defined below).
When ordering to a country other than mainland France, the customer is considered the importer of the product(s) in question.
Attention: For all products shipped outside the European Union and French overseas territories, customs duties, local taxes, import duties or government levies may be charged depending on the local tax laws of the destination country.
These fees and amounts are beyond Acrili's control. They are the customer's responsibility, and payment to the relevant authorities and institutions in their country is the customer's sole responsibility.
Translated with www.DeepL.com/Translator (free version)
ARTICLE 10 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
10.1 - Transfer of Ownership
Ownership of the products is transferred to the buyer only after the seller has received full payment, regardless of the delivery date of the products.
10.2 - Transfer of Risks
The transfer of risk is independent of the transfer of ownership, and independent of the date of the order or the delivery of the products.
The transfer of the risks of loss and damage to the products to the buyer only takes place after delivery of the product, when the product is received by the customer.
The buyer is obliged to check the condition of the packaging and the contents of the goods upon delivery in the presence of the delivery person.
In the event of transport damage, any protest must be submitted to the carrier within three days of delivery.
Article L. 221-15 of the Consumer Protection Act stipulates:
"The trader is legally liable to the consumer for the proper performance of the obligations arising from the distance contract, regardless of whether these obligations are performed by the trader who concluded the contract or by other service providers, without prejudice to his right of recourse against these service providers."
However, he may be fully or partially exempt from liability if he proves that the non-performance or defective performance of the contract is attributable either to the consumer or to the unforeseeable or insurmountable actions of a third party within the scope of the contract or to a case of force majeure.
ARTICLE 11 - HIGHER VIOLENCE
The parties cannot be held liable if the failure or delay in fulfilling any of their obligations described in these terms and conditions is due to a case of force majeure as defined in Article 1218 of the Civil Code.
ARTICLE 12 - RIGHT OF WITHDRAWAL
12.1 - Statutory deadline for the right of withdrawal
According to current legal provisions, the buyer has a period of 14 days from the date of receipt of the products to exercise their right of withdrawal without having to justify their reasons or pay a penalty.
After notifying the buyer of their decision to exercise their right of withdrawal within these 14 days, the buyer has a further period of 14 days to return the product(s) affected by the withdrawal.
The standard cancellation form is available via email.
12.2 - Conditions for exercising the right of withdrawal
If the right of withdrawal is exercised within the period specified in 12.1, only the price of the purchased product(s) and the shipping costs will be refunded; the return shipping costs are borne by the buyer.
Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to allow for remarketing in new condition, and, if possible, accompanied by a copy of the purchase invoice to enable optimal management.
The buyer may be held liable in the event of a reduction in the value of the product resulting from treatment other than that necessary to establish the nature, characteristics and proper functioning of the product.
In order to exercise his right of withdrawal in accordance with the legal provisions, the buyer can find the conditions and steps for exercising his right of withdrawal on the Delivery and Returns page.
The buyer unambiguously expresses his wish to withdraw and specifies the order affected by this withdrawal.
After sending the cancellation form or notice of cancellation, but no later than 14 days after receiving the order, the buyer must return the product(s) in question within a reasonable period, but no later than 14 days after sending the cancellation form or notice of cancellation.
To obtain a cost estimate for the return shipping costs to be borne by the buyer, the buyer can visit the La Poste website, Chronopost "PRACTICAL PRICES AT POINTS OF SALE" (post offices and Chronopost agencies).
This return shipping estimate is not binding for Acrili. The price payable for returning the product may vary depending on the shipping company chosen by the buyer.
If the customer is sending an item with a value of more than €75, they are advised to use a delivery service that allows them to track the shipment or to take out shipping insurance.
Acrili can only guarantee the proper receipt of the item returned by the buyer if the buyer has a tracking number that proves the proper delivery of the item to the return address specified via the returns portal or by email.
12.3 - Products excluded from the right of withdrawal
According to current regulations, the right of withdrawal cannot be exercised for audio, video, or computer software recordings that have been unsealed by the customer, for goods made to the customer's specifications, for personalized goods, and for goods that have been unsealed by the customer and cannot be returned for reasons of hygiene or health protection. Likewise, the right of withdrawal cannot be exercised for gift boxes.
12.4 - Return address
For returns (exchanges or refunds), please follow the steps via the returns portal. The return address will be provided when the customer initiates the return request.
12.5 - Return policy
Returns are only accepted if the following conditions are met:
- The customer registered their return request via the following return portal: https://returns.bigblue.co/doux-cachemire.
- The item will be returned in perfect condition, or as it was received if it is a defective item.
- The item is returned in its original packaging with the labels and a readable EAN barcode.
- The "delivery note" that was included with the original order is enclosed in the return package.
12.6 - Refund
In the event of exercising the right of withdrawal, Acrili will refund the amounts paid within 14 days from the date on which the company has received the items returned by the customer, using the same means of payment that was used for the order (unless the buyer expressly agrees to reimbursement by another means of payment).
Delivery costs are non-refundable.
The refund may be delayed until the product has been received back or until the buyer has provided proof of shipment of the product, whichever is the date of the first of these two events.
If the refund is not issued within 14 days of the date on which the company was informed of the buyer's cancellation, Acrili will refund the amounts owed plus statutory interest: 5% for a delay of less than 11 days, 5% for a delay of between 10 and 20 days, 10% for a delay of between 20 and 30 days, 20% for a delay of between 30 and 60 days, and 50% for a delay of between 60 and 90 days.
Refunds for purchases made with gift vouchers will only be issued in the form of gift vouchers equal to the amount paid in this form.
Benefits received when purchasing a product, especially through a loyalty card, will be cancelled if the product is returned with a refund for said product.
ARTICLE 13 - LEGAL GUARANTEES
13.1 - Legal guarantee of conformity
In accordance with the legal provisions (Annex 1), Acrili is liable for any lack of conformity that occurs in its products within two years (2) of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, if this was contractually undertaken by it or carried out under its responsibility.
It is reminded that the consumer is entitled to the statutory guarantee of conformity:
- has a period of two years from the date of delivery of the goods to take action against the seller;
- has the choice between repair or replacement under the cost conditions laid down in Article L. 217-9 of the Consumer Protection Code;
- is relieved of the burden of proving the existence of the non-conformity of the goods during this period; namely, it is presumed that any non-conformity which appears within two years of delivery of the product already existed at the time of delivery, unless the trader proves otherwise.
The statutory guarantee of conformity applies independently of any commercial guarantee that may relate to the buyer's goods.
13.2 - Warranty against hidden defects of the item
It is recalled that the consumer may decide to invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code within two years of discovering the defect.
It is incumbent upon the buyer to prove that the defect existed at the time of purchase, that it was hidden, and that it renders the product unusable.
The buyer has the option of either reversing the purchase or reducing the purchase price in accordance with Article 1644 of the Civil Code.
This guarantee allows the buyer to receive a free repair of the product or its replacement under the legally stipulated cost conditions.
Otherwise, if repair or replacement is impossible or cannot be carried out within one month of assuming responsibility, Acrili will refund the buyer the price of the product.
In order to claim this guarantee, the products must be returned in the condition in which the buyer received them, with all components (accessories, instructions...) and a copy of the purchase invoice.
Products returned by mail must be in packaging suitable for safe transport. In this case, the buyer will be reimbursed for the return shipping costs based on the invoiced rate and upon presentation of receipts.
13.3 - Exclusion of statutory guarantees
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the buyer, as well as in the event of normal wear and tear of the product or in the event of force majeure.
ARTICLE 14 - INTELLECTUAL PROPERTY
14.1 CONTENTS
The content of the Doux Cachemire website, its name, its brand, its logo and its products are registered with the Institut National de la Propriété Industrielle (INPI) and are the property of the company Acrili.
They are protected by French and international intellectual property laws.
Any reproduction, adaptation, modification or distribution of this content, in whole or in part, is strictly prohibited and may constitute a copyright infringement.
It is prohibited to use, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, send or otherwise exploit the website https://douxcachemire.com/.
Furthermore, Acrili retains ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., created with a view to providing services to the buyers.
Users of the website https://douxcachemire.com/ are therefore prohibited from reproducing or using the aforementioned studies, drawings, models, prototypes, etc. without the express, written, and prior authorization of the company, which may be subject to financial compensation.
14.2 NOTE
The Doux Cachemire website collects moderated tips in accordance with consumer protection law:
Article D. 111-16: "For the purposes of applying the provisions of Article L. 111-7-2, an online review is the expression of a consumer about his or her consumer experience by means of a qualitative or quantitative evaluation element.
Consumer experience is understood regardless of whether the consumer has purchased the goods or services for which they are giving a review.
User sponsorship, recommendations from users of online reviews and expert opinions are not considered online reviews within the meaning of Article L. 111-7-2.
Statements on product pages:
Anyone who has had a consumer experience as defined in the aforementioned Article D. 111-16 may submit a review. Reviews are moderated before being published on the website. The criteria for moderating reviews include racist, offensive, and sexist content.
The reviews are arranged in chronological order.
Reviews on social networks (Facebook and Instagram):
The brand Doux Cachemire collects reviews on its Instagram page @DouxCachemire and on Facebook @DouxCachemire, both with and without compensation.
For any inquiries regarding the reviews (questions, changes, deletions), please contact us at this address: contact@douxcachemire.com
Unless explicitly requested by the author, all reviews will be stored indefinitely.
ARTICLE 15 - PERSONAL DATA
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) and Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is hereby reiterated that personal data, defined as any information relating or capable of relating in any way to an identified or identifiable living individual, which is communicated or provided by the customer or which is extracted from their connections via tracking technologies implemented by the publisher of the website ("cookies"), is collected for specific, explicit and legitimate purposes and subject to the clear and affirmative consent of the user.
Collecting the user's personal data enables, among other things, the processing of their order and the creation of invoices.
Doux Cachemire informs the user about the use of cookies, their duration, their purpose and their provider.
The website offers the user the option of granular consent through a device that allows the customer to freely decide whether or not they wish to be tracked and whether they wish to activate certain cookies rather than others on the website, via a hyperlink available at any time, such as "Learn more" or "Set cookies".
Depending on the decisions made when creating or querying their account, the user may receive offers from Acrili as well as from partner companies and brands.
The choice to accept or reject these tools applies to all tracking technologies implemented by the website publisher.
Opening the "Learn more" section cannot in any way be equated with obtaining the user's consent.
If necessary, the customer has the option to revoke their consent just as easily as they gave their previous consent.
All customer consents are stored securely and encrypted.
Personal data may be shared with all partners of the company who are responsible for the execution, processing, management and payment of orders.
In general, third-party providers collect, use, and share user data only to the extent necessary to provide the services they provide to Doux Cachemire.
Some third-party providers, such as payment gateways and other payment processors, have their own privacy policies regarding information provided to them for processing purchase transactions.
Doux Cachemire may also disclose this information to administrative and judicial authorities in order to comply with its legal and regulatory obligations.
The processing of information transmitted via the website https://douxcachemire.com/ complies with the legal requirements for the protection of personal data; the information system used ensures optimal protection of this data and lawful, fair and transparent treatment of the data subject.
In accordance with applicable national and European regulations, the user has a permanent right to access, modify, rectify, object to, transfer and restrict the processing of data concerning him or her.
The data subject also has the right to request from the controller that the personal data concerning him or her be erased as soon as possible, and the controller is obliged to erase such personal data as soon as possible under the conditions of Article 17 (“right to be forgotten”) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
To do this, he simply needs to send a request to the online customer service contact@douxcachemire.com stating his first and last name, his email address and, if possible, his customer number.
According to current regulations, the application must be signed and accompanied by a photocopy of an identity document bearing the signature, and must state the address to which the response should be sent. The response will be sent within two months of receipt of the application.
Personal data will only be retained for as long as strictly necessary for the provision of these services and for carrying out any prospecting activities. The data will be deleted no later than three (3) years after the user's last contact with Doux Cachemire, with the exception of data required for the establishment of a legal right or a contract, which may be legally archived for five (5) years.
Doux Cachemire also informs consumers about the possibility of registering free of charge on the Bloctel anti-telemarketing list (www.bloctel.gouv.fr) to prevent being solicited by a business with which they do not have an existing contractual relationship. Article L. 223-2 of the French Consumer Protection Code:
"If a business collects telephone data from a consumer, it must inform the consumer of their right to register on the opt-out list for telephone marketing. If this data collection takes place at the time of the conclusion of the contract, the contract must clearly and comprehensibly indicate the existence of this right of the consumer."
ARTICLE 16 - PROHIBITED USES
In addition to the prohibitions listed in these General Terms and Conditions of Sale, the user is prohibited from using the website or its content:
(a) for illegal purposes;
(b) to incite or participate in unlawful acts by others; or
(c) to violate local ordinances or international, federal, provincial or state laws, rules or regulations
(d) infringe the intellectual property rights of Doux Cachemire or third parties;
(e) not to harass, abuse, insult, harm, defame, disparage, slander, intimidate or discriminate against anyone on the basis of their sex, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to provide false or misleading information;
(g) uploading or transmitting viruses or any other type of malicious code that is or may be used to impair the functionality or operation of the Service or of any related or unrelated website or of the Internet;
(h) to collect or track the personal data of others;
(i) to spam, phishing, hijack, extort information, search, explore or scan the Internet (or any other resource);
(j) for obscene or immoral purposes
(k) to disrupt or circumvent the security measures of our service, any other website, or the internet. Doux Cachemire reserves the right to block a user's access to the service or any related website if the user violates these terms.
ARTICLE 17 - HYPERTEXT LINKS
The website may contain hypertext links.
The user is advised that by clicking on these links he will leave the website https://douxcachemire.com/.
Doux Cachemire is not responsible for the content, advertising, products and/or services available on these third-party websites and mobile applications, which are subject to their own terms of use.
Doux Cachemire is not responsible for transactions between a user and an advertiser, trader or merchant to whom the user is referred via the website, and is in no case a party to any disputes with these third parties, including the supply of products and/or services, warranties, representations and other obligations to which the latter are bound.
The user is obliged to carefully read and understand the guidelines and practices of third parties before entering into a transaction.
Complaints, claims and/or questions regarding the products of these third parties must be addressed to these third parties.
ARTICLE 18 - LIABILITY
Doux Cachemire is committed to providing its services carefully and professionally.
Doux Cachemire is committed to carrying out regular checks to verify the operation and accessibility of the website.
Doux Cachemire therefore reserves the right to temporarily interrupt access to the website for maintenance purposes.
Likewise, Doux Cachemire cannot be held responsible for difficulties or temporary inability to access the website caused by external circumstances, force majeure, or disruptions in telecommunications networks; users have been informed about the complexity of global networks and the influx of users from them at certain times.
The proposed products comply with current French legislation.
Acrili cannot accept responsibility if the legislation of the country to which the product is delivered is not observed.
It is the customer's responsibility to inquire with the local authorities about the possibilities of importing or using the products or services they intend to order.
The services are offered by Doux Cachemire without warranty of any kind, express or implied.
Doux Cachemire does not guarantee users that (i) the services, which are subject to ongoing research to improve ergonomics and operation, are completely free from errors, defects or deficiencies, (ii) the services, which are standardized by nature, will exactly meet the needs and expectations of the user.
To the extent permitted by applicable law, the Customer shall indemnify Acrili against any and all liability, claims, damages and losses arising out of (1) the Customer's failure to comply with these Terms and Conditions or (2) the Customer's violation of any laws, regulations or rights of third parties, or in any way connected therewith.
In no event shall Doux Cachemire, its directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or damage of any kind, whether direct, indirect, incidental, punitive, special, or consequential, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract or tort, arising out of the use of the Service or products derived from the Service, or for any other claim in any way connected with the use of the Service or any product, including but not limited to errors or omissions in content or losses or damages resulting from the use of the Service or content (or products) posted, transmitted, or otherwise made available through the Service, even if the user has been advised of the possibility of such occurrence.
ARTICLE 19 - APPLICABLE LAW - DISPUTES - CLAIMS SETTLEMENT - MEDIATION
This contract is governed by French law. The language of this contract is French.
All disputes that may arise from the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and effects, and which cannot be resolved between the seller and the buyer, shall be submitted to the French courts, which shall have exclusive jurisdiction.
Customer complaints must be submitted to the company's customer service department.
Customer service is available 24 hours a day via email at contact@douxcachemire.com.
Following a complaint to Doux Cachemire, and in the event that an amicable settlement is not possible, the customer, who is a consumer, will be duly informed that he is entitled to initiate a conciliation procedure in accordance with the provisions of Article L.612-1 of the French Consumer Protection Code.
The buyer can use the dispute resolution service for disputes between consumers relating to an order placed on the website.
The party wishing to make use of mediation must first inform the other party by registered mail with return receipt, stating the reasons for the dispute.
CNPM mediator:
JACQUIER Christine
27 Avenue de la Libération
42400 SAINT CHAMOND
Tel.. 09 88 30 27 72
Following a prior written request to Doux Cachemire, the Conciliation Service (CNPM) can be contacted for any consumer disputes that could not be settled.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established a platform for online dispute resolution to facilitate the independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.
ARTICLE 20 - REMARKS
Users are encouraged and urged to provide notes, comments and suggestions for improving the Doux Cachemire website and its overall ergonomics via email, the "Contact" section, or any other means of communication.
If the user submits certain content at the request of Doux Cachemire (e.g., for participation in competitions) or if the user submits creative ideas, suggestions, proposals, plans, or other elements online, by email, by post, or by other means without being requested to do so by the website, the user grants Doux Cachemire the unrestricted right at any time to edit, reproduce, publish, distribute, translate, and otherwise use these creative ideas, suggestions, and proposals in any media.
Doux Cachemire is not obligated, among other things, (1) to maintain the confidentiality of such creative ideas, suggestions or proposals, (2) to pay any person compensation for such creative ideas, suggestions or proposals, or (3) to respond to them.
Doux Cachemire reserves the right, at its sole discretion, to monitor, edit, or remove content that is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms of Use.
Users agree to post comments that do not infringe the rights of third parties, including copyrights, trademarks, privacy, personality rights, or other personal or property rights.
They also agree that their comments will not contain any illegal, defamatory, abusive or obscene content, and no computer viruses or other malicious software that could in any way affect the operation of the service or any related website.
Users are fully responsible for the comments they post and their accuracy. Doux Cachemire assumes no responsibility or liability for comments posted by users or other third parties.
ARTICLE 21 - GENERAL PROVISIONS
These terms and conditions, together with any additional terms and rules that supplement them, constitute the entire agreement between Acrili and the user and supersede all agreements regarding access to and use of the platform.
These terms and conditions do not confer, nor are they intended to confer, any rights or remedies on any person other than the parties.
Should any provision of these terms be found to be invalid, void or unenforceable, that provision shall be deleted without affecting the validity and enforceability of the remaining provisions, which shall be deemed severable.
Acrili's failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless Acrili has expressly confirmed and agreed to this in writing.
The exercise of any remedy available to either party under these terms shall not affect any other remedy available to either party under these terms or under the law.
By accepting these terms and conditions, the user expressly agrees to subject all relations with Acrili to French law.
