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0033442586367 or 0033644316925 (whatsapp)

Mail : modeetcaftan@gmail.com 

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GENERAL CONDITIONS OF SALE

 

The present conditions of sale are established between on one part the company SARL MODE ET CAFTAN with a capital of 7500 Euros whose head office is in Aix en Provence, France and is registered at the Registry of Commerce and Companies of Aix en Provence, France under the "Siret"number: 534413455 here in after referred to as "SARL MODE ET CAFTAN", and on the other part by any person, physical or moral, wishing to purchase via the internet site <www.mode-et-caftan.com> here in after referred to as "the buyer".

Every confirmation of an of an order for any product or products appearing in the online shop of the internet site <www.mode-et-caftan.com> presupposes the consultation and acceptance of the present terms and conditions. The final confirmation of the order is as legally binding as the buyer’s signature.



1. Aims

These terms and conditions define the contractual relationship between SARL MODE ET CAFTAN and the buyer and also the conditions applicable to any purchase made via the internet site <www.mode-et-caftan.com> whether the buyer be an individual, a professional customer or any organisation.

The acquisition of any goods or the use of any service by the buyer using this internet site implies full and unreserved acceptance of the present terms and conditions.

These terms and conditions of sale shall prevail over all other general or special conditions to which the buyer may subscribe unless approved in writing by <www.mode-et-caftan.com>.

The company SARL MODE ET CAFTAN reserves the right to modify these terms and conditions of sale at any moment, in which case the terms and conditions applicable will be those in effect on the date of the buyer’s order.



2. Nature of the goods and services advertised for sale

The products and services advertised for sale are those which appear in the catalogue published on the internet site <www.mode-et-caftan.com>. These products and services are proposed within the limits of available stocks.

Each product is accompanied by a photograph and a description supplied by the manufacturer.

Accuracy of information

We attempt to be as accurate as possible when describing our products. However, to the extent permitted by

applicable law, we do not warrant or guarantee that the product descriptions, colours or other content

available on the website are accurate, complete, reliable, current, or error-free. All sizes and measurements

are approximate although we do make every effort to ensure they are as accurate as possible. Please note that prices are subject to change without notice.

We will take every care to ensure that product information and pricing are accurate at the time they are posted to the website <www.mode-et-caftan.com>. SARL MODE ET CAFTAN cannot be held responsible for any consequences, incidents or damages resulting from errors in electronic communications or from any inaccuracy of the information concerning the products or services described on the site <www.mode-et-caftan.com>.

The names and makes of the products and of their manufacturers are used solely for purposes of identification. The photographs, descriptions and prices of the products are not contractual engagements.

The products advertised on the site <www.mode-et-caftan.com> are subject to modification as a result of changes in the availability of certain fabrics or trimmings.

We have made every effort to accurately represent the information and colours of products on this website. However, as colours vary between different monitors, we cannot guarantee that your monitor’s display will accurately reflect the actual colour of the product or of any fabric involved in its manufacture.

3. Product Warranty

The buyer’s rights are protected by French law. All products supplied by SARL MODE ET CAFTAN benefit from the legal guarantee provided by Article 1641 of the "Code Civil". 

In the case where a product sold is unsatisfactory, it may be returned to SARL MODE ET CAFTAN who will offer to exchange it or refund its purchase price, less transport costs.

All claims, requests for an exchange or for a refund must be requested in writing by post to the following address: Mode et Kaftan Centre Commercial du château double 1 rue des étoiles 13090 Aix en Provence, France, within seven days of the date of delivery.  

Your product is guaranteed and may only be returned for faulty manufacture. Each product is checked before being shipped

For customized products for which the buyer has requested changes (such as adding a train, sleeves or different shoulder straps, changing the closure, the colours, and any or all modifications to the model as advertised) no exchange will be permitted.

Similarly, for all items custom made, made to order or made-to-measure: no exchange will be permitted.

Customizing of garments: if at the request of the client a garment is customized, the buyer agrees to accept without reservation or restriction the model as delivered. No exchange or refund will be permitted. The buyer agrees to take the risk that the customized garment fails to correspond to the garment imagined or described by the buyer.

Articles advertised may appear darker or lighter according to the photographs on the site <www.mode-et-caftan.com> with reference to the colour of the actual article received by the buyer. This can be partly explained by differences in the reproduction of colours and by differences in the colour settings from one computer monitor to another. Another cause of such differences is the difference in the intensity of light used to illuminate the garment at the time the photograph was taken. The photographs used to advertise the products on the site <www.mode-et-caftan.com> are not contractually binding nor can they be considered to represent a warranty of any sort. SARL MODE ET CAFTAN can not be held liable for errors in any of the photographs or any of the texts used to describe the articles advertised on the site <www.mode-et-caftan.com>.

4. Tarifs

Prices in this catalogue are given in Euros taking into account the VAT applicable on the date of the order, any change in the rate of VAT will be reflected in the price of goods or services.

SARL MODE ET CAFTAN reserves the right to change prices quoted for products advertised on the site <www.mode-et-caftan.com> at any time, except that the price quoted at the time the buyer places the order shall be the only price applicable to the buyer for that particular product.

The prices indicated do not include charges for order processing nor for delivery.

5. Ordering

The buyer must:

  • fill in the registration form which must show all the required information.

  • fill in the online order form giving all the references of the chosen products or services.

  • confirm the order once it has been checked for errors

  • make payment in accordance with the specified requirements

  • make the final confirmation of the order and the payment

Final confirmation of the order implies acceptance of all these terms and conditions of sale, that the buyer is familiar with and agrees to all terms and conditions herein delineated and to waive any claim to his or her own terms of purchase or any other conditions. The data thus recorded and confirmed shall be considered valid proof of the transaction and confirmation of same shall be taken as being of equal validity to the signature of the buyer.

SARL MODE ET CAFTAN will send an email to acknowledge receipt of the order’s confirmation. As soon as the order has been received SARL MODE ET CAFTAN will check the availability of the product or products required. Where any product is unavailable we undertake, within 45 days following the date of your payment, to either deliver to you the product ordered or to propose to you a similar product at a similar price. You may cancel the order by writing to the Customer Service Dept. SARL MODE ET CAFTAN Centre commercial du château double 1 rue des étoiles 13090 Aix en Provence 13090 Aix en Provence, France, requesting that your order be cancelled and your payment refunded. For this communication we strongly recommend the use of registered post.

6. Delivery methods

Products ordered are delivered to the address indicated by the buyer on the order form but only to those geographical areas indicated on the site <www.mode-et-caftan.com> as being acceptable to SARL MODE ET CAFTAN for delivery. For deliveries in France, the delivery rates are shown, according to the value of your order and the address to which it must be delivered.

For international deliveries, you will be asked to pay a basic rate according to the geographical zone of the delivery address (Europe, Maghreb, Switzerland) this regardless of the total value of your order.

Your order will be delivered by courier: in France by the service "Colissimo" run by "La Poste"; for international destinations it will be delivered by an international courier service. Delivery times are displayed when you place your order.

The products leave our premises in perfect condition. The buyer must notify the courier (or postman or post-woman) of even the slightest trace of impact (holes in the packaging, traces of crushing etc. ..) on the parcel, and if appropriate should refuse to accept the package.

7. Delivery times

Our delivery times may vary from 48 hours to 30 days according to the availability of the products ordered. Should the buyer require delivery within  the 30 day period we will do our best to satisfy this request but the buyer undertakes any risk that the articles ordered arrive later than requested. This will not create any liability on the part of SARL MODE ET CAFTAN and inability to satisfy this request will under no circumstances be construed as cause for cancellation of the order.

8. Unacceptability of the delivery

When the package containing your order arrives, you must check the acceptability of the contents immediately and before signing the delivery note presented to you by the courier. You should mark on the delivery note any anomaly concerning the package (damage to the packaging or to the contents) and also sign these remarks. You must also communicate these same anomalies in writing by registered post to the courier company’s offices within three working days of receiving the package and send a copy of this letter to

Customer Service Dept. SARL MODE ET CAFTAN Centre Commercial du château double 1 rue des étoiles 13090 Aix en Provence, France.

9. Delivery problems caused buy the transporter

If, on delivery, the packaging is damaged, torn or in any way opened the buyer must check the condition of the articles contained. If they are damaged, the buyer must imperatively refuse to accept the package and note his or her objections on the delivery note "package refused due to damage or to being open". Any anomaly concerning the delivery (damaged or missing article(s) compared to the delivery order, damaged parcel, broken products ...) must imperatively be written onto the delivery note in the area set apart for such "handwritten remarks", accompanied by the buyer’s signature. The buyer must notify the transporter by registered letter within three working days of these same anomalies and send a copy of this letter to:

Customer Service Dept. SARL MODE ET CAFTAN Centre commercial du château double 1 rue des étoiles 13090 Aix en Provence, France.

Without this statement we will be unable to undertake to exchange the products concerned.

We decline all responsibility for longer delivery times which are the fault of the courier (or the transporter), in particular in the case of lost packages, inclement weather or general or partial strikes implicating the postal  or the transportation services.

Where professional clients are concerned and in the case of the delivery problems cited above, SARL MODE ET CAFTAN will not be liable for direct or indirect damages, losses of revenue or profit or any other costs or damages so accruing to the buyer or his or her associates.

10. Delivery errors

The buyer must notify SARL MODE ET CAFTAN no later than one working day following the date of delivery of any claim regarding an error in delivery and/or any problem with the articles contained in the order in terms of their identity or their condition with reference to the definitions of the same articles given on the order form. No claim will be accepted any later than this. Any claim not made according to the terms defined above and within the time limits so defined will not be taken into account and the absence of any such claim will release SARL MODE ET CAFTAN of any responsibility toward the buyer.


11. Cancellation of the order

The buyer may, within seven working days from the date of the delivery of the order, return the package and the order to SARL MODE ET CAFTAN in order to have the goods exchanged or in order to be refunded for the value of the order without incurring any penalty except for the costs of processing and delivery.

The expedition of the order to be returned must be insured to an amount equal or superior to the total value of the order. All freight charges concerning the return of the order are the buyer’s responsibility.

Any articles in "standard" sizes may be returned and exchanged once only for other articles of an equal or a higher price but may not be returned and refunded.

To be accepted by SARL MODE ET CAFTAN, all returns of merchandise must have the prior approval of  SARL MODE ET CAFTAN within seven working days of the delivery of the said merchandise.

Returned orders will only be accepted in their entirety, in their original packaging, complete and intact, and in perfect condition for resale. A product that has been damaged, worn, or whose original packaging has been damaged, will not be accepted for return or exchange.

SARL MODE ET CAFTAN  reserves the right to refuse any return of merchandise if these conditions are considered not to have been adhered to.

12. Exceptions to the cancellation rights

Under the article L 121 – 20 of the "Code Civil" the right to cancellation of the order within 7 days will not apply to any products which have been customized according to the client's wishes. The following articles are considered to be in this category:

  • articles made expressly for or according to specifications given by the buyer

  • articles definable as "made-to measure" for which the buyer has mistaken the exact measurements

  • articles which have been in any way modified or customized: by the addition of a train or sleeves, by the modification of any fabric’s colours, by shortening or lengthening of the sleeves or by any other material modification.

  • articles that have been worn or that have been subjected to any alteration by the intervention of the buyer

  • articles that have been in any way damaged after having been received by the buyer

  • articles sold at a discount or under the terms of a clearance sale.

13. Payment

Payment must be made as and when the order is placed.

Payments should be made by debit or credit card using the secure system which uses the protocol SSL (Secure Socket Layer) on the site <www.mode-et-caftan.com> so that information transmitted is encrypted by software in order that no third parties may become acquainted with it during its transfer over the network.

14. DISCLAIMER

SARL MODE ET CAFTAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." SARL MODE ET CAFTAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO AND ANY WEB SITE WITH WHICH IT IS LINKED. SARL MODE ET CAFTAN DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT , OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. SARL MODE ET CAFTAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SARL NOUVEAU DEPART) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.



The selection and purchase of a product or a service are the sole responsibility of the buyer. The liability of the SARL MODE ET CAFTAN will be limited to the value of the order. SARL MODE ET CAFTAN cannot be held liable for any direct or indirect loss of turnover or profit, occurring in any manner whatsoever.

SARL MODE ET CAFTAN is obliged to specify that under section 1124 of the "Code Civil" it is impossible for a minor to enter into a commercial contract. In consequence any orders for clothing for minors must be placed by a person with parental authority. In the event that a minor transmits his or her personal details to the website <www.mode-et-caftan.com> the state authorities have the right to order that this data not be held in archives nor used in any other way.

All sales, deliveries, receipts, refunds and all other activity of the site <www.mode-et-caftan.com> remain the responsibility of SARL MODE ET CAFTAN. In cases concerning the non-delivery of all or part of an order, you are allowed three months from the date of departure of the order from our premises within which to make representations to SARL NOUVEAU DEPARTS concerning the missing items. Beyond this period, we will accept no claim for damages or restitution.



15. "Force Majeure" or Acts of God

Neither party shall be considered to have breached its contractual obligations in the event that the execution of those obligations is delayed, hindered or prevented by an "Act of God" or "force majeure".

A case of "force majeure" is definable as any circumstances which are irresistible, due to external parties or forces whose consequences are unforeseeable, inevitable, independent of the will of either party and could not be hindered by them, despite all reasonably efforts.

The party affected by such circumstances must notify the other party within ten working days of the date when the circumstances in question made themselves manifest. Both parties will, within three months, unless unable due to further incidents of ‘force majeure’, examine the impact of the event and agree the conditions under which the contract will be pursued. If the effects of the events last for longer than a period of one month, these terms may be terminated by the aggrieved party. The following circumstances will be considered as "force majeure" or unforeseeable circumstances, in addition to those events normally accepted by jurisprudence and the French courts as cases of "force majeure": the blocking of means of transport, earthquakes, fires, strikes, storms, floods, lightning or the suspension of telecommunications networks.

16. Modifications of the Terms and Conditions of sale

Given that the website <www.mode-et-caftan.com> is continually being brought up to date and revised, we reserve the right to adapt or to modify at any moment these Terms and Conditions of Sale.

17. Intellectual Property and copyright

All elements on the site <www.mode-et-caftan.com> are and remain the intellectual property of SARL MODE ET CAFTAN. Unauthorised reproduction, exploitation, diffusion or use of any element of the website <www.mode-et-caftan.com>, be it audio, video, visual or software, in whole or in part, for whatever reason is strictly prohibited.

18. Protection of the buyer’s personal details

In accordance with the French law "Informatique et Liberté" (Computers and Freedom) of the 6th January 1978 relating to computerised data, files and personal freedom, the information concerning the names and personal details of the buyer may be subject to automated processing. SARL NOUVEAU DEPART reserves the right to collect personal information concerning its customers also via the use of "cookies". The buyer can prohibit the transmission or use of his or her personal details by notifying the website <www.mode-et-caftan.com>. In the same way the site’s users retain the right to access and to alter all information which concerns them in accordance with the same French law of the 6th January 1978 mentioned above.

19. Archives and Proof

<www.mode-et-caftan.com> will store all orders and invoices in a reliable and durable medium which will constitute a faithful copy of all transactions in conformity with article 1348 of the "Code Civil".

These computerised accounts of <www.mode-et-caftan.com> will be considered by both parties as proof of communications, orders, payments and other transactions having taken place between the two parties.

20. Settlement of Disputes

The present Terms and Conditions of Sale online are subject to French Law.



LEGAL MENTIONS



Publisher

The website <www.mode-et-caftan.com> is published by  SARL MODE ET CAFTAN

Registration N° (SIRET ) 534413455

Address : MODE ET CAFTAN CENTRE COMMERCIAL DU CHATEAU DOUBLE 1 RUE DES ETOILES 13090 AIX EN PROVENCE

Publishing Director

AMEL SEDIRI

Web Hosting

This site is hosted by the Company OVH

Personal Information

In conformity with the law "Informatique et Liberté" (Computers and Freedom) of the 6th January 1978 you have the right to access and to rectify all data that concerns you personally. If you wish to use this right you must contact the webmaster.

Copyright

In accessing this website you have a non-exclusive, non-collective right to an unlimited private use of the contents of the site (texts, images, videos or animations). All rights to the reproduction of the site’s content are restricted and reserved including the downloadable documents, graphic documents and photographic documents. Any networking, redistribution, or reproduction of all or part of this website in any form is strictly prohibited unless specifically authorized by SARL MODE ET CAFTAN. Reproduction of elements of the site onto paper is authorised under the three following conditions:

-that they be distributed free of charge;

-that they comply with the original documents on the website (no alterations or modifications of any sort whatsoever);

-that the source of the documents be quoted in a clear and easily readable manner as follows:

"Source: <www.mode-et-caftan.com>. Rights to the reproduction and distribution reserved and strictly limited."

The files available on this website which have been furnished by other companies also benefit from the legislation concerning copyright which ensures the authors the exclusive rights of intellectual property which is enforceable against all persons physical or moral.

Protection of Personal Information

The collection of personal information by this website is governed by the law "Informatique et Liberté" (Computers and Freedom) of the 6th January 1978. As regards this data: no personal information is collected without your knowledge or consent; no personal information will be communicated to third parties; no personal information is used for unintended nor for unstated purposes.

Working of the site and the material content of the site

The materials displayed on this website which are distributed by electronic means may at any time be updated or otherwise altered between the time you download them and the moment you finally consult them. It is therefore strongly advised to always check the validity of the website’s pages that you consult.

In spite of our best efforts to eliminate errors, it is entirely possible that the website still contains some errors. If you feel the need to comment upon any such errors found on the website we would be grateful if you would contact the webmaster.