TERMS AND CONDITIONS

 

• ARTICLE 1.  PRE-CONTRACTUAL INFORMATION

1. THE PARTIES

The Publisher of the website https://www.coco-woman.com/ is the Company BLEKKER Enterprise registered in the Paris Trade and Companies Register under SIRET number 884 976 648 000 11, whose registered office is located at 14 Avenue de l'Opéra, 75001 Paris, FRANCE.

Hereinafter referred to as the "Company" or the "Seller".

The Client declares that it has the necessary capacity to contract the Services offered by the Company.

 

2. DEFINITIONS

"Client" shall designate any non-professional consumer client having made an Order.

"General Terms and Conditions of Sale" or "GTC" refers to the present contract of sale.

An "Order" shall designate any order placed on the https://www.coco-woman.com/ Internet Site pertaining to the Products.

"Basket" refers to all Products selected by the Customer.

"Products" refers to the goods offered for sale on the Site. Each presentation sheet of the Products mentions the price; the possibility to contact the customer service; the technical data sheet of the product, its stock availability, and the opinions of the other Customers if necessary.

The "Site" refers to the website https://www.coco-woman.com/, the exclusive property of BLEKKER Enterprise.

"Geographical Area of the Offer" shall designate all countries to which the Company offers the Products for sale and to which it delivers the Orders.

 

• ARTICLE 2.  OBJECT AND ENFORCEABILITY

1. These General Terms and Conditions of Sale apply to the sale of any Product sold by the Company to Customers having the status of consumers, namely any natural person of full age who is acting for purposes that are not within the scope of his professional, commercial, industrial, craft, liberal or agricultural activity.
2. All Product Orders imply the Customer's unreserved acceptance and full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless the Company's express prior agreement to the contrary has been given.
3. The Company offers new Products for sale in the field of distance selling on general catalogue.
4. The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.
5. The Company reserves the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions shall be those in force on the date of the Order by the Customer.

• ARTICLE 3.  CUSTOMER CONTACT

The Company's customer and after-sales service can be reached via the contact form on the Site or via mail at the following e-mail address : contact@coco-woman.com or via phone at the following phone number : 00 33 (0)6 52 32 58 39. The Customer must indicate his or her e-mail, his or her telephone number, his or her first name, surname, the subject of his or her request and the number of his or her Order.

 

• ARTICLE 4.  PLACING AN ORDER ONLINE

1. The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalogue, by clicking on the "add to Cart" button. On the "Shopping Cart" page, the Customer can check the details of his Order and correct any errors before confirming it.
3. On the "Customer" page, the Customer must enter their contact information.
4. On the "Delivery" page, the Customer must choose a shipping method among those offered to him.
5. On the "Payment" page, the Customer must enter his bank details and the delivery address. The Customer also has the possibility to enter a promotional code if he or she has one.
6. A complete summary of the Order appears. The Customer has the possibility to modify all the elements of the Order before finalisation. The Customer shall be responsible for any errors relating to the Order, the Products and contact information.
7. The sale is validly formed when the Customer has confirmed the Order by clicking on the "Pay Now" button, has accepted the General Terms and Conditions of Sale, and has proceeded to pay according to the terms and conditions he has chosen, subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of the cash payment of the total price including tax duly noted.

 

• ARTICLE 5.  AVAILABILITY

Product offers are valid as long as they are visible on the Site, within the limit of stocks available from our suppliers, excluding promotional operations mentioned as such on the Site.

In the event of the unavailability of a Product after the Order has been placed, the Company shall inform the Customer by e-mail. The Order shall then be automatically cancelled and the Company shall reimburse the Customer for all sums already paid within thirty (30) days of payment of the sums paid at the latest.

However, if the Order contains products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be reimbursed.

 

• ARTICLE 6.  EXERCISE OF THE RIGHT OF WITHDRAWAL

1. For all distance selling operations, the Customer has a period of fourteen (14) clear days to exercise his right of withdrawal. The period of fourteen (14) clear days runs from receipt of the Order by the Customer or a third party designated by the Customer, without justification on his part. The exercise of this right shall terminate this contract.
2. If the Customer has subscribed to the option when selecting his delivery method "Guarantee Satisfied or refunded thirty (30) days", the withdrawal period is extended to thirty (30) days.
3. When the fourteen (14) day period expires on a Saturday, Sunday or holiday, it shall be extended to the first following business day. The Customer must inform the Company of its decision specifying the order number, the Customer's contact details and the product(s) to be returned.
4. The Customer then has a further period of fourteen (14) days, as from the communication of his decision to withdraw, to return the goods to the Company at the following address: 2 Avenue Henri Barbusse, 24000 Périgueux, France. The Customer is informed that if the Product is sent to another address, he will be deemed to have abandoned the exercise of his right, and will not be reimbursed.

To do so, it may designate the carrier of its choice, ensuring that handling and transport will be carried out under the best conditions. The protective packaging of the Products shall be at the expense of the Customer. The Company advises you to return the merchandise by registered mail or by postal tracking.

4. The costs of returning the Product shall be borne by the Customer, as well as the risks associated with the transport of the Product, whatever they may be.
5. The Customer shall be liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of his right of withdrawal.

Only Products in new, undamaged condition, returned in their original packaging will be accepted. In case of depreciation of the Product, no return will be accepted.

6. Products unsealed after delivery by the Customer cannot be returned.
7. The refund of the price of the returned Products will be made within a (new) 14-day period after receipt of the packages, and verification on the same bank account used for the initial payment of the Price.
8. The exercise of the right of withdrawal, within the legal time limits, terminates the obligation of the parties to execute this contract, as well as any ancillary contract, at no cost to the Customer other than those relating to the return of the Products.
9. In the event of a delay in reimbursement, the Customer should first contact the credit card issuer, then the bank and finally the Company at the following e-mail address: contact@coco-woman.com.

 

• ARTICLE 7.  PRIZE

1. The total price of the Order includes the price of the Products, the "eco-tax", and the eventual cost of delivery.

The applicable VAT rate is that in force on the date of the accepted Order, in the country of delivery.

All Sales Orders are payable in Euros or in the local currency of the country where the client is delivered as indicated on the Sales Order and/or on the product description.

2. The Products are invoiced on the basis of the prices in force on the Site on the date of the accepted Order. Discount codes as well as promotions and sales are not cumulative.
3. Prices and tariffs may be revised at any time by the Company.

 

• ARTICLE 8.  PAYMENT

1. By placing an Order, the Customer declares that it holds sufficient financial guarantees for its payment, and that it will actually pay the sums due when they fall due, in accordance with the law.

Invoices shall be paid in cash and upon validation of the Order in accordance with the means of payment freely chosen by the Customer.

2. The payment of the Order by the Customer may be made by :

• Credit Card (Carte Bleue, Visa, Mastercard): All credit card numbers are encrypted on 256 bits when the Order is placed.

Settlement shall be in cash.

• PayPal: Payment by PayPal is accepted up to a limit of 1,000 euros. It is emphasized that in case of use of this payment method, the General Terms of Use of PayPal, which are available on their site, are in addition to these Terms and Conditions.

3. Bank cheques are not accepted.
4. Information related to the purchase transaction is retained for as long as necessary to finalize the Order. Once the Sales Order has been paid, the credit card details will be deleted for the total security of our clients.

 

• ARTICLE 9.  TRANSFER OF OWNERSHIP AND RISK

1. The Customer acquires ownership of the Products ordered upon payment of the price. Any non-performance by the Customer of its payment obligation, for whatever reason, entitles the Company to refuse delivery of the Products ordered.
2. Any risk of loss or damage to the Products is transferred to the Customer at the time of physical possession of the Products.
3. When the Customer entrusts the delivery of the Product to a carrier other than the one proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.

 

• ARTICLE 10.  DELIVERY SCHEDULES

1. The delivery period is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Customer.
2. Delivery shall take place within 9 to 15 days after the conclusion of the General Terms and Conditions of Sale, except in cases of force majeure.
3. If delivery is not made within the period indicated by the Company, the Customer may, after giving the Company formal notice, terminate the contract, or cancel the sale, by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed to have been terminated on receipt by the Company of the registered letter informing it of such termination, unless delivery has taken place in the meantime.

 

• ARTICLE 11.  TERMS OF DELIVERY

1. Depending on the methods chosen by the Customer, delivery shall be made to the address indicated by the Customer at the time of the Order, or, where applicable, to a relay point chosen by the Customer from the list of available points. The Company may contact the Customer to ensure that the contact details are correct.
2. If the delivery cannot take place because of an error entered by the Customer, the forwarding costs will be charged to him. In this case, the Company shall not be held responsible for the extension of the delivery time.
3. If the delivery is made by a carrier, the delivery shall be made according to the carrier's specific terms and conditions.
4. Delivery is deemed to have been made as soon as the carrier physically hands over the Products to the Customer.
5. Delivery method and carrier by country
6. (a) For Spain, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Correos (https://www.ctt.pt/home/index.html).
   
   b) For France, the parcel is taken in charge until the Customer's residence by Sinotrans FR. If the French carrier Sinotrans FR cannot deliver the parcel to the Customer, in this case the carrier La Poste will deliver the parcel.

(c) For Belgium, the method of delivery of the package is EMS e-Packet (http://www.ems.com.cn/english.html). The package is sent to the Customer by BPost (https://www.bpost.be/fr/home).

(d) For Switzerland, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Swiss Post (https://www.post.ch).

(e) For England, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Royalmail (https://www.royalmail.com).

(f) For Sweden, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by PostNord Sweden (https://www.postnord.se/en).

(g) For Norway, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Posten Norge (www.posten.no).

(h) For Finland, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Posti Finland (www.posti.fi).

(i) For Ireland, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by An Post (www.anpost.com).

(j) For Denmark, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by PostNord (https://www.postnord.dk/).

(k) For Austria, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Austrian Post (www.post.at).

(l) For Germany, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Deutsche Post (https://www.deutschepost.de/de.html).

(m) For the Netherlands, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by PostNL (https://www.postnl.be/).

(n) For Italy, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Poste Italiane (https://www.poste.it/).

(o) For Portugal, the method of delivery of the package is EMS e-Packet. The package is sent to the Customer by Portugal Post (https://www.ctt.pt/home/index.html).

 

• ARTICLE 12.  LEGAL LIABILITY AND WARRANTIES

1. The Company is automatically liable to the Customer for the proper performance of the obligations resulting from the General Terms and Conditions of Sale concluded at a distance, whether these obligations are performed by the Company itself or by other service providers and in particular by the carriers, without prejudice to its right of recourse against the latter.
2. However, the Company is exonerated from all or part of its liability in the event that the non-execution or poor execution of the General Terms and Conditions of Sale is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
3. Legal guarantee of conformity: When the Product presents a defect of conformity, the Customer benefits from the legal guarantee of conformity, governed by articles L.217-4 to L.217-14 of the Consumer Code.

Legal guarantee of conformity :

The Company shall be held liable for defects in conformity existing prior to the purchase of the Products sold, under the conditions of article L.217-4 et seq. of the French Consumer Code.

This warranty does not cover damage, breakage or malfunction resulting from failure to observe the precautions for use.

Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Customer's premises, in particular in the event of an accident of any kind whatsoever, shall not entitle the Customer to the guarantee owed by the Company.

When the legal guarantee of conformity is activated, the Customer :

- has a period of two (2) years from the delivery of the property to act ;

- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code ;

- shall be exempt from furnishing proof of the existence of the lack of conformity for a period of twenty-four (24) months from the date of delivery of the goods.

 

4. Legal guarantee against hidden defects: When the Product has a hidden defect, the Customer benefits from the guarantee against hidden defects of the thing sold (b), governed by articles 1641 et seq. of the Civil Code.

Legal guarantee against hidden defects

The Company is liable for hidden defects in the item sold - defects that make it unfit for the use for which it is intended, or that so diminish this use that the Customer would not have acquired it, or would have paid a lower price for it, if he had known about them - under the conditions provided for in articles 1641 et seq. of the Civil Code.

This warranty does not cover apparent defects, damage, breakage or malfunction resulting from failure to observe the precautions for use.

Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Customer's premises, in particular in the event of an accident of any kind whatsoever, shall not entitle the Customer to the guarantee owed by the Company.

When he activates the legal guarantee against hidden defects, the Customer :

- has a period of two (2) years to act from the discovery of the latent defect.

- may choose between cancellation of the sale involving refund and return of the Product(s) or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

- must provide evidence of the latent defect.

If the item is defective or damaged upon receipt of the Product, the Customer therefore has the option of choosing between replacement of the Product at no additional cost or a full refund of the purchase price.

In the event of a complete replacement or replacement of the defective or damaged Product, the Customer must send his request to the Company.

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products on sale or on special offer are reimbursed at the price paid by the buyer when placing the Order on the Site. Amounts deducted at the time of purchase by means of a promotional code and/or a price reduction following a promotion will not be refunded.

 

• ARTICLE 13.  MAJOR STRENGTH

1. In accordance with Article 1218 of the Civil Code, force majeure shall mean any event beyond the debtor's control which could not reasonably have been foreseen at the time of conclusion of the contract and whose effects cannot be avoided by appropriate measures, preventing the debtor from performing his obligation.
2. If the impediment is temporary, the performance of the Order shall be suspended, unless the resulting delay justifies the termination of the contract.

If the impediment is definitive, the sale is resolved by operation of law and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the Civil Code.

 

• ARTICLE 14.  COPYRIGHT PROTECTION

1. All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark, image and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple link or hypertext link is strictly forbidden without the express written consent of the Company. In all cases, any link, even tacitly authorised, must be removed at the request of the Company.
2. Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorised.
3. Any total or partial reproduction of the Company's catalogue is strictly forbidden. Any other use constitutes an infringement of copyright and is punishable under the Intellectual Property Act unless prior authorisation is given.

 

• ARTICLE 15.  PROCESSING OF PERSONAL DATA

1. The Company collects the Customer's data:
2. For the purposes of processing and tracking the Customer's Order on its Site; (and/or)
3. In order to be able to contact the Customer about various events relating to the Company, including in particular Product updates and customer relationship management;

and/or

1. For the purpose of collecting information enabling the Seller to improve the Site and the Products (in particular by means of cookies).

The collected data is processed by the contractual service providers of the Site who are in charge of the packaging and distribution of the ordered Products as well as by the hosting service provider SHOPIFY Inc. whose servers are secured and protected by a firewall.

3. The data collected is kept by the Company only for the time corresponding to the purposes of the above collection and which may not, in any event, exceed five (5) years.
4. In accordance with Law No. 2018-493 of 20 June 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the General Regulation on Data Protection (RGPD), the Customer has the right to access, modify, rectify, delete or oppose for legitimate reasons, his data.
5. The Customer may exercise his rights by contacting the Company via formular

 

• ARTICLE 16.  COMMENTS AND OTHER PROPOSALS FROM USERS

1. If the Client sends notices, ideas, proposals, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), whether or not at the request of the Company, the Client grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments sent to it by the Client.
2. The Company is not and shall not be obligated (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to the comments.
3. The Company may monitor, edit or remove content that it believes, in its sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or criminally objectionable, or that infringes any intellectual property rights, its Terms and Conditions of Use, and/or these Terms and Conditions.
4. The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer agrees not to write in its comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other related websites. The Customer undertakes not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of its comments.
5. The Client is fully responsible for his published comments and their accuracy. The Company assumes no responsibility and declines all liability for comments published by the Client or third parties.

 

 

 

• ARTICLE 17.  APPLICABLE LAW AND DISPUTE RESOLUTION

1. The General Terms and Conditions of Sale are subject to French law to the exclusion of all other rights.
2. National or cross-border disputes that may arise in connection with the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the request of the Customer.

CNPM MÉDIATION CONSOMMATION, is a mediation service and Mediators approved by the Commission d'évaluation et de Contrôle de la Médiation de la Consommation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers.

3. The website https://www.cnpm-mediation-consommation.eu/ describes the mediation process used and allows Clients to file a request for mediation online with supporting documents.
4. In particular, the dispute may not be examined by the Ombudsman if :
   • The Client does not justify having attempted, beforehand, to resolve his dispute directly with the Company by means of a written complaint,
   • The request is manifestly unfounded or abusive,
   • The dispute has been previously considered or is being considered by another mediator or by a court,
   • The consumer has submitted his request to the Ombudsman within more than one year from the date of his written complaint to the Company,
   • The dispute does not fall within its jurisdiction.

 

5. Mediation is free of charge for the Client. If at any stage of the mediation, the Client has recourse to a lawyer, a third party of his choice or an expert to defend him, he shall bear the costs alone.
6. The Mediator may not receive any instructions from the parties or be remunerated on the basis of the result.
7. Participation in mediation does not preclude the possibility of an appeal to a court of law. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction shall be attributed to the French court with territorial jurisdiction.
8. The Site reserves the right to initiate criminal proceedings against any attempt to make fraudulent purchases or purchases with a prohibited or stopped credit card, stolen or falsified checks. In this context, no attempt at amicable conciliation will be accepted.
9. The fact that a clause of these General Terms and Conditions of Sale becomes null and void and unenforceable shall not call into question the validity of the other stipulations and shall not exonerate the Customer from the performance of his contractual obligations.