Terms of sale

Last updated: September 3, 2024

ARTICLE 1 – LEGAL NOTICE

This website, accessible at URL www.cevene.co (the "Site"), is published by:

Cévène, a company with a capital of 150,000 euros, registered in the Bordeaux Trade and Companies Register under number 928 319 342, with its registered office at 31 rue d'Armagnac 33800 Bordeaux, represented by Renaud MARTEL, duly authorized,

(Hereinafter referred to as the "Operator").

The Operator's individual VAT number is: FR59928319342.

The Site is hosted by Google, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (phone: +1 650 253 0000).

The Publication Director of the Site is Renaud MARTEL.

The Operator can be contacted at the following phone number +33 (0)7 66 93 83 33 and at the following email address hello@cevene.co .

ARTICLE 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the "General Terms and Conditions of Sale", or "GTC") are applicable exclusively to the online sale of products offered by the Operator on the website. The GTC are made available to customers on the Site where they can be directly consulted and can also be communicated to them upon request by any means. The GTC are binding on the customer who acknowledges, by checking a box or clicking on the button 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 GTC in force on the day of the order, the preservation and reproduction of which are ensured by the Operator.

ARTICLE 3 – DESCRIPTION OF PRODUCTS

The Site is an online sales site for clothing and accessories (hereinafter the "Product(s)") open to any natural or legal person using the Site (the "Customer").

The Products presented on the Site are each subject to a description mentioning their essential characteristics. The photographs illustrating the products, if applicable, do not constitute a contractual document. The Products comply with the prescriptions of current French law.

The Customer remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical providers such as Internet access providers, which remain at his expense. In addition, the Customer shall provide and be entirely responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having checked that the computer configuration he uses is secure and in working order.

ARTICLE 4 – CREATION OF THE CUSTOMER ACCOUNT

To place an order on the Site, the Customer must first create his personal customer account. Once created, to access it, the Customer must identify himself using his identifier and his secret, personal and confidential password. It is the Customer's responsibility not to communicate his identifier and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality on the data, particularly identifier and password, allowing him to access his customer account, the Customer acknowledging being solely responsible for access to the Service through his identifier and password, except in case of proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his identifier and/or password.

After creating his personal customer account, the Customer will receive an email confirming the creation of his customer account.

The Customer undertakes during his registration to:

provide real, accurate information, up to date at the time of entry in the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized.
keep registration data up to date to guarantee their real, accurate and up-to-date nature at all times.

The Customer further undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at his exclusive fault.

ARTICLE 5 – ORDERS

The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.

If, despite the Operator's best efforts, a Product becomes unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:

delivery of a Product of equivalent quality and price to that initially ordered, or
refund of the price of the ordered Product at the latest within thirty (30) days of payment of the amounts already paid.

It is agreed that apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation indemnity.

Except for any mention to the contrary in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to his basket indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the content of his basket, before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and confirming the terms and any delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the GTC and forms the contract.

The contractual information relating to the order (including in particular the order number) will be confirmed by email in due time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email that will be sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer account.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, particularly in the event that:

The Customer does not respect the General Terms and Conditions in force at the time of his order;
The Customer's order history shows that amounts remain due for previous orders;
One of the Customer's previous orders is the subject of an ongoing dispute;
The Customer has not responded to a confirmation request for his order that the Operator has sent him.

The Operator archives the Product sales contracts in accordance with applicable legislation. By making a request to the following address hello@cevene.co , the Operator will provide the Customer with a copy of the contract subject to the request.

Any modification of an order by the Customer after confirmation of his order is subject to the Operator's agreement.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator's liability cannot be sought in any way in the event that an error during the placing of the order would prevent or delay delivery/delivery.

The Customer declares to have full legal capacity allowing him to commit to these General Terms and Conditions.

Registration is open to capable adults and minors provided that they act under the supervision of the parent or guardian holding parental authority. In no case is registration authorized on behalf of third parties unless validly authorized to represent them (legal entity for example). Registration is strictly personal to each Customer.

In case of breach by the Customer of any of the provisions of these terms, the Operator reserves the right to terminate without notice the account of said Customer.

ARTICLE 6 – PAYMENT METHODS AND SECURITY

The Customer expressly acknowledges that any order made on the Site is an order with an obligation to pay, which requires payment of a price against the supply of the ordered Product.

In any case, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Operator uses the online payment solutions Shopify Payments, Paypal, Payplug, Apple Pay and Just. These solutions may or may not be offered depending on the country and operating software used.

Orders can be paid using one of the following payment methods:

Payment by credit card. Payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not transit through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated as soon as the payment is accepted by the bank.
The Customer's account will be debited only when (i) the data of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
The credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

Payment by electronic wallet (Paypal). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without communicating his bank details.
If applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its agreement on the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the necessary documents to finalize his order. These documents will not be used for any other purposes.

ARTICLE 7 – PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros including all taxes (VAT) excluding delivery and transport costs. In case of promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.

The price is payable in euros (€) or in one of the currencies offered on the Site. The price is payable in full after confirmation of the order. The prices proposed include the discounts and rebates that the Operator may be led to grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.

ARTICLE 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed at the time of sending by the Customer of the confirmation of his order.

The Customer's attention is particularly drawn to the mode of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of selected products, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he acknowledges accepting these GTC before clicking on the "I pay" button, finally he validates his order after filling in his bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable acceptance without reservation of the order by the Customer.

The archiving of communications, order forms and invoices is carried out by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

ARTICLE 9 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping costs.

ARTICLE 10 – SHIPPING AND DELIVERY

Shipping and return costs are listed on the Shipping and Returns page of the website.

Online sales offers presented on the site are reserved for consumers residing in a member country of the European Union, Canada, South Korea, Japan, Norway, the United Kingdom, Switzerland and the USA, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator may offer different delivery or delivery methods depending on the nature and properties of the product, particularly its dimensions and weight.

Shipping costs are those specified during order finalization and are accepted by order validation.

Delivery times are announced in working days on the Site at the time of order. These delays include the preparation and shipping of the order as well as the time provided by the carrier. They correspond to the generally observed delays, are given for information only and are not contractual.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been previously refused.

However, if one or more Products could not be delivered within the initially announced period, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer during his order. It is therefore up to him to verify that this address does not contain any errors. The Operator's liability cannot be engaged if the address communicated by the Customer is erroneous, thus preventing or delaying delivery.

At delivery, you may be asked to sign a receipt.

No delivery will be made to a post office box. Upon delivery, it is up to the Customer to check that the delivered Products comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate it on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery note.

ARTICLE 11 – RETURN POLICY

Shipping and return costs are listed on the Shipping and Returns page of the website.

Your satisfaction is our priority. If you're not completely happy with your order, you can return it within 30 days of receipt for a full refund of the purchase price.

To be eligible for a return, the returned Product must be in its original packaging, in perfect condition, clean for resale, unused and with all possible accessories.

To initiate a return, please contact our customer service at hello@cevene.co . We'll provide you with instructions on how to ship your product back to us.

In addition to the returned Product, the return package must also contain a letter specifying the exact coordinates (name, first name, address) and complete of the Customer as well as the order number.

The Operator will send an acknowledgment of receipt of the Customer's return by email.

Once we receive your returned item, we'll inspect it and notify you that we've received your return. If the return is approved, we'll initiate a refund to your original method of payment. You should receive the credit within 14 business days, depending on your card issuer's policies.

The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all elements allowing to implement the Customer's refund. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer having paid his order in the form of credits / gift vouchers may be refunded by credits / gift vouchers according to the will of the Operator.

Return costs are at the Customer's expense, unless otherwise stated on the site.

For any damaged or incorrect items, please contact us immediately at hello@cevene.co .

This return policy does not apply to certain items such as :

for the provision of services fully performed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal;
for the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
for the supply of goods made to the consumer's specifications or clearly personalized;
for the supply of goods likely to deteriorate or expire quickly;
for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
concluded during a public auction;
for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or period;
for the supply of digital content not supplied on a tangible medium whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

ARTICLE 12 – CUSTOMER SERVICE

The Customer can contact the Operator:

by SMS or WhatsApp at the following number +33 (0)7 66 93 83 33.
by email by contacting hello@cevene.co indicating his name, telephone number, the subject of his request and the number of the order concerned.

ARTICLE 13 - INTELLECTUAL PROPERTY AND SITE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, Site structure and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, whatever the means and/or the media used, whether known or unknown to date, without the prior express and written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

Furthermore, it is specified that the Operator does not own the content posted online by Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this regard. Customers grant the Operator a non-exclusive transferable, sub-licensable, free and worldwide license to use the intellectual property content they publish on the Site, for the entire duration of protection of this content.

The Operator reserves the right to take legal action against persons who have not respected the prohibitions contained in this ARTICLE.

ARTICLE 14 - LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-execution of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party to these presents.

The Operator cannot be held responsible for information imported, stored and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for direct or indirect damages that this use could cause to a third party, the Customer at the origin of the publication remaining solely responsible in this respect.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow to guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will function without interruption or malfunction. In particular, their operation may be momentarily interrupted for maintenance, updates or technical improvements, or to modify the content and/or their presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Terms and Conditions and for direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and his behavior towards third parties. In the event that the Operator's liability is sought due to such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator for all costs, including lawyers' fees, incurred for its defense.

The Customer is solely responsible for all content he posts online on the Site, for which he expressly declares to have all the rights, and guarantees in this respect the Operator that he does not post content violating third party rights, particularly intellectual property, or constituting an infringement of persons (including defamation, insults, abuse, etc.), respect for privacy, an infringement of public order and morality (including, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In case of violation of the laws in force, morality or these General Terms and Conditions, the Operator may exclude by right the Customers who have been guilty of such infringements and delete information and references to this contentious content. The Operator is qualified as a host regarding content posted online by third parties. As such, it is recalled that the Operator has no general obligation to monitor content transmitted or stored via the Site. In the event that the Operator's liability is sought due to content posted online by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator for all costs, including lawyers' fees, incurred for its defense.

It is recalled that the search for amicable solutions prior to possible legal action does not interrupt the time limits for action of legal warranties or the duration of any contractual warranty.

ARTICLE 15 - COMMERCIAL WARRANTY

Products are covered by our limited warranty for a period of one (1) year from the date of purchase. This warranty guarantees the product to be free from defects in materials and workmanship under normal use. In the event of a defect covered by this warranty, we will, at our option, repair or replace the product. This warranty does not cover damage resulting from misuse, accidents, or normal wear and tear. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

ARTICLE 16 - AFTER-SALES SERVICE

Claims made under the warranties must be addressed to the after-sales service at the following contact details:

email address: hello@cevene.co
postal address: 31 rue d'Armagnac, 33800 Bordeaux, France
phone number: +33 (0)7 66 93 83 33

Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

ARTICLE 17 - PERSONAL DATA

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Policy. You can consult it at any time on the Site.

ARTICLE 18 - HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not edited by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use the third-party sites at his own risk or, if applicable, in accordance with the conditions that govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way for these hypertext links.

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners redirecting to third-party sites not edited by the Operator.

The Operator invites the Customer to notify it of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to laws and/or morality.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case-by-case basis.

ARTICLE 19 - REFERENCES

The Customer authorizes the Operator to mention the Customer's name, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 20 - GENERAL PROVISIONS

ENTIRETY OF THE PARTIES' AGREEMENT

These General Terms and Conditions constitute a contract governing the relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or more stipulations of these General Terms and Conditions were declared null in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and scope. Moreover, the fact that one of the parties to these General Terms and Conditions does not avail itself of a breach by the other party of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver on its part to avail itself in the future of such a breach.

MODIFICATIONS OF CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to cease temporarily or permanently to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party for these modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable conservation, and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT - MEDIATION

In case of dispute, you must first contact the company's customer service at the following contact details: hello@cevene.co

In case of failure of the complaint request to the customer service or in the absence of response from this service within ten (10) days, the European Commission has set up a dispute resolution platform to collect possible complaints from consumers following an online purchase to then transmit them to competent national mediators. This platform is accessible at the following URL: http://ec.europa.eu/consumers/odr/

The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW AND COMPETENT COURT

These General Terms and Conditions are governed, interpreted and applied in accordance with French law. Failing an amicable resolution, the dispute will be brought before the Commercial Court of Bordeaux.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Customer confirms having read the General Terms and Conditions and accepting them, making him contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy dated to this day can be given to him upon request to the Customer, it is therefore specified that any modification of the General Terms and Conditions that would be made by the Operator will not apply to any order made previously, except express agreement of the Customer at the origin of a given order.