TERMS AND CONDITIONS OF USE

1. INTRODUCTION

1.1. PREFACE

These terms and conditions of use (hereafter called T&C’s) as well as our Privacy Policy and our Legal Notice apply to the website www.carrierefreres.com (hereafter called « Carrière Frères’ online boutique »), selling products from the Carrière Frères brand, destined to be delivered in the United States of America, excluding Postal boxes (hereafter called « the Territory »).

Any order on Carrière Frères’ online Boutique means complete acceptance of the present T&Cs by the Customer buying a product (hereafter called the Customer). These T&Cs can be saved and/or printed and are available from every page on the Carrière Frères online boutique. These T&Cs can be modified at any moment. The T&Cs that apply are the ones accepted by the Client when completing his order.

1.2. CARRIÈRE FRÈRES USA

The website « www.carrierefreres.com » (hereafter called the « website »), containing among others Carrière Frères’ Online Boutique is published by Carrière Frères USA. Its registered offices are situated at CIRE TRUDON-CARRIERE FRERES, 10 place des Victoires, 75002 Paris, France.

1.3. THE CUSTOMER

Carrière Frères’ Online Boutique allows Carrière Frères USA to sell Products to non-professional clients, aged 18 and more and of complete legal capacity. Sales are for personal use only.

The use of Carrière Frères’ online Boutique is forbidden to minors and Carrière Frères USA does not ask for any personal information from minors. However, Carrière Frères USA cannot be held responsible if a minor buys a product from Carrière Frères’ Online Boutique without supervision or authorization.

For any questions regarding your order, please address onlinesalesus@carrierefreres.com

1.4. PRODUCTS

Products displayed on Carrière Frères’ online Boutique are described as precisely as possible (availability, specifications, illustrations, size, composition etc.). However, Carrière Frères does not guaranty that these descriptions are entirely exact, especially concerning availability. Carrière Frères USA may change, correct or update these descriptions at any moment without warning.

1.5. PRICES

The prices that apply are those displayed on the page where the Customer can confirm his order. These prices are subject to change. The Client should pay close attention to the price in vigour when ordering. This price is shown to him when his product is added to the shopping cart.

Prices are displayed in US dollars ($US), tax excluded. They do not take into account the shipping costs of the order (cf. Shipping costs). The Shipping Costs will be shown to the Customer on the page summing up his order, before confirmation and payment of the order.

2. ORDER

2.1. ORDERING

The Customer must choose the products he wants and place them in his shopping cart. At any moment, the Customer can remove products from his shopping cart, using the icon ‘Shopping cart’ in the right hand corner of the page.

Using this same button, the Customer must verify his order. At this stage of the order, the Customer can check his/her order and correct eventual errors.

The Customer must then click on ‘Proceed to checkout’. He can then checkout as guest or sign into his account and pay.

If it is the Customer’s first order, he/she will have the possibility to create an account by filling in a registration form. Carrière Frères USA cannot be held responsible if the information filled in by the client is incorrect. A Customer account will give access to a personal space that will allow among other things to follow the shipping. To finalize the order, the Customer must confirm both shipping and billing addresses or indicate them.

If the Customer has decided to checkout as a guest, he must also fill in his credit card information. If the Customer already has an account, this information will be imported automatically (if he/she is connected to his/her account).

Once payment is confirmed, the Customer will immediately receive a confirmation e-mail. The Customer formally accepts that Carrière Frères USA will use an email to confirm the contents of his order.

2.2. PRODUCT AVAILABILITY

The availability of a given product is displayed on the Product page. The Customer has the possibility to ask by email for information on future availabilities. If products ordered are not available, Carrière Frères USA will inform the Customer by all means available (telephone and email). The missing products will not be included in the payment.

2.3. CANCELLING YOUR ORDER

Once the order is paid, it is impossible to cancel the order.

However, the Customer has the right to retract. The conditions are written below (point 5)

In the case of a dispute with a Customer, Carrière Frères USA may refuse to honor the order until the dispute is resolved.

To protect its clients against any attempt of electronic fraud, Carrière Frères USA reserves the right to refuse to ship orders coming from untraceable email addresses. Carrière Frères USA also reserves the right to refuse to ship orders containing non-valid telephone numbers.

3. PAYMENT

Credit cards are the only way to pay an order on Carrière Frères’ Online Boutique. Visa and Mastercard can be used on Carrière Frères’ Online Boutique.

Carrière Frères USA has put in place a secured payment system for every order placed on Carrière Frères’ Online Boutique. The payments are treated on an external platform by a specialised company – Authorize.net – that enforces 3D Secure measures.

4. SHIPPING AND RECEIVING THE PRODUCTS

4.1. SHIPPING

Carrière Frères USA only delivers its products in the United States of America (postal boxes excluded). Carrière Frères USA only delivers through UPS services. The Customer will receive its products 30 days maximum after receiving his confirmation email.

An email will inform the Customer that UPS has picked up his products. At that moment, he will receive a delivery number that will allow him to follow his delivery live. All products will be delivered 7 working days after UPS has taken the products in charge.

If the products are delivered when the Customer is not at the indicated address, the Customer will be able to reprogram a delivery or recover his order at the nearest UPS access point.

The information regarding shipping modalities is also available on the order’s validation page, as well as on the page summing up the order, before payment.

There will be no order delivered if payment is not complete.

4.2. SHIPPING COSTS

Shipping is free in the USA.

4.3. RECEIVING THE PRODUCTS

At the moment of delivery, the Customer must verify the state and conformity of his order, in the presence of the transporter. If need be, he must emit his complaints about the apparent defects (missing or damaged products).

The Customer must contact Carrière Frères USA’s client services in the fourteen (14) days following the arrival of the products. Without a valid reason, any reclamation formulated after this 14 day limit will be not be treated.

4.4. RETURNING YOUR PRODUCT

The Customer has the right to retract himself, allowing him to return his products without reason according to the conditions stated in article 5 below.

For any other reason that the Customer’s right to retract (such as damaged non-corresponding goods), the Customer is invited ton contact our Client Services (onlinesalesus@carrierefreres.com), who will give him the necessary information to satisfy his demand if possible.

5. RIGHT TO RETRACT

5.1. RIGHT TO RETRACT

The Customer has the right to retract his order without reason in the fourteen days (14) after receiving his order. This date will be determined by the transporter’s receipt signed by the Customer. When this 14 day lapse of time ends on a Saturday, a Sunday or a State holiday, it is automatically prolonged until the next Working day.

To use his right to retract, the Customer must send via email or postal mail, a non-ambiguous declaration, that expresses his will to retract. This declaration must be sent with the information concerning the products and their quantities returned to Carrière Frères USA as well as the postal address, the order number and if possible the phone number and the email address of the Customer to the following address:

Carrière Frères-Returns

6 Greek Lane

Edison, NJ 08817

The Customer can, if he wants to, use the Right to retract form at his disposal in the annex to the present T&Cs.

Products must be returned 14 days at the latest after delivery (see paragraph 5.2 for modalities)

The return shipping costs will be at the Client’s expense.

5.2. RETURN MODALITIES

Every product must be return unused, in its original packaging, unopened and undamaged. Carrière Frères USA will not reimburse or exchange Products returned by the Customer that do not correspond to the products ordered or that were not ordered on Carrière Frères’s Online Boutique.

The return shipping costs are at the Customer’s expense and will not be reimbursed by Carrière Frères USA.

5.3. REIMBURSEMENT

Carrière Frères USA will reimburse the returned Products, according to the modalities describes in paragraphs 5.1 and 5.2, as well as the shipping costs (the return shipping costs are at the Customer’s expense) using the credit card used to order. If only part of the order is returned, the shipping costs will not be refunded.

The refund will take place fourteen (14) days following the date of reception of the returned products or the date at which the Customer shows proof he has returned the Products (the earliest of these dates will be used).

6. CUSTOMER SERVICES

Products bought from Carrière Frères’s Online Boutique cannot be exchanged in Carrière Frères stores or any stores selling Carrière Frères Products.

For any reclamation, the Customer must contact the following email address: onlinesalesus@carrierefreres.com

7. LIMITATION OF LIABILITY

Carrière Frères USA cannot be held responsible if the contract is not executed correctly due to a case of absolute necessity, the Client’s fault or from an unpredictable and insuperable event resulting from a third party to the contract.

8. GARANTY

8.1. NON-CONFORMITY AND HIDDEN DEFECTS

The Customer must verify the conformity of the products he has received with his order. If there is any mistake, the Customer must reach out to Carrière Frères’ Customer Service.

Carrière Frères products being what they are, it is impossible to repair them. The Customer will be able to ask for an exchange. Carrière Frères USA will proceed to the exchange after receiving and examining the product.

No new product will be sent until Carrière Frères USA receives the faulty product.

If the exchange is impossible or cannot be put in place within a month after the products’ reception by Carrière Frères, the Customer will be able to ask for reimbursement.

8.2. CASES IN WHICH GUARANTY DOES NOT APPLY

If the Customer returns products that do not correspond to the order or that do not come from Carrière Frères’ online boutique, Carrière Frères USA will not be obliged to comply with the modalities described in paragraph 8.1 (above).

9. PERSONAL DATA

According to French law ‘Informatics and Freedom’ of January 1978 and modified in 2004, the Customer has the right to access and correct any information that concerns him directly. To use this right he must contact:

CIRE TRUDON-CARRIERE FRERES
10 place des Victoires
75002 Paris
France

or via email at: onlinesalesus@carrierefreres.com

10. INTELLECTUAL PROPERTY

Carrière Frères USA owns the domain name www.carrierefreres.com. The website is a creation protected by the laws of intellectual property. The entire Site, as well as the products sold on Carrière Frères’ online Boutique, and all the elements that compose it, such as (but not exclusively) movies, photos, logos, brands, drawings or models, texts, diagrams, software, animations, illustrations are the exclusive property of Carrière Frères USA.

Only Carrière Frères USA is allowed to dispose of the intellectual property rights attached to the website.

The use of all or part of the Website, through downloads, copies or shares for any other end than private and personal use (commercial or not) is strictly forbidden. Violation of this paragraph exposes the person to the law.

When using the tool « Share » on the Website, you admit and accept that these contents can be shared for purely private and personal reasons. There must be absolutely no commercial means.

The creation of hypertext links redirecting towards the Website can only be done with written and prior authorization from Carrière Frères USA. This authorization can be revoked at any moment. All websites containing a hypertext link towards www.carrierefreres.com, are not under Carrière Frères USA control. Thus Carrière Frères USA declines any responsibility (particularly editorial) concerning the access and the contents of these websites.

Carrière Frères USA is free to change, at any moment and without warning, the contents of the Site.

11. DISPUTES

The Terms and Conditions of Use are subject to French law.

In the case of any dispute concerning Carrière Frères’ Online Boutique, an amicable solution will be sought for.

If this is not possible, US jurisdictions will be territorially competent to solve any disputes.