Terms of sale

Identification

These General Terms and Conditions of Sale (hereinafter referred to as the "GTC" or "General Terms and Conditions") are entered into between CAREL SA (hereinafter referred to as "La Maison CAREL", "La Maison" or "CAREL"), a société par actions simplifiée (SAS), chaired by Mrs PICARD Frédérique and having its registered office at 2, rue Tronchet, Paris 75008.
Registered with the Paris Trade and Companies Registry under number 542 109 756.
VAT number: FR23542109756 - Share capital: €3,551,327.00

And

All users of the contents of the www.carel-paris.com website (referred to as "the Site") do so within the framework of the terms of use described below.
Accessing and browsing the Site constitutes full and unreserved acceptance by all users of the following rules and details.

These terms and conditions are effective as of April 1, 2024.

Maison CAREL welcomes you and hopes you enjoy your visit!

Article 1: General conditions of online sale - Acceptance of the Conditions

These General Terms and Conditions of Sale, which define the rights and obligations of the parties to the distance selling contract, apply in their entirety to the contractual relationship between Maison CAREL and any user (referred to as "Customer(s)") making a purchase on the website.

Any validation of an order via the Site implies full and unreserved acceptance of the GCS by the Customer.
By placing an order, the Customer undertakes to comply with these Terms and Conditions and declares that he/she is acting alone, as a final consumer and for personal purposes.
He also declares that the items ordered are not intended for any commercial activity whatsoever, thus excluding direct resale or resale through an intermediary.
No conditions other than those of Maison CAREL may prevail over these General Conditions.

Any clause to the contrary will therefore be unenforceable, regardless of when it may have been brought to the attention of CAREL.
Furthermore, CAREL reserves the right to modify all of its General Terms and Conditions at any time. However, such modifications shall only apply to orders validated after the General Terms and Conditions have been updated.

Article 2: Order process

Before making a purchase, the Customer selects the desired product(s), the characteristics of which (in particular: name, price, quantity, color, special features) he/she declares to accept, have been sent to him/her or appear on the Site.

The Customer will be able to add the item(s) to his/her "Shopping Cart" within the limits of available quantities, and will be able to modify the contents of the "Shopping Cart" according to his/her wishes.
The Customer must then enter certain valid identification data, namely :
First and last name, billing address, delivery address (if different), e-mail address and telephone number.
ensuring that these are correct.

Maison CAREL cannot be held responsible for any erroneous information.
Customers may, if they wish, create an account on the site in order to keep their identification data for future purchases.

After ticking the box indicating that he/she has read and accepted the General Terms and Conditions without reservation, the Customer then validates his/her order and proceeds to payment of the price and delivery charges by choosing the payment method available according to the country in which he/she resides, from the following list:
Credit Card, American Express, PayPal, PayPal 4 times free of charge, Alma, Apple Pay, Klarna (for foreign countries), as well as other secure payment methods specific to each country.

Customers will be able to access their order summary, processing status and invoice via their CAREL account, if they have created one.

They will also be able to consult the above-mentioned elements in the confirmation e-mail sent to them after their purchase has been validated.
A copy of the current General Terms and Conditions is also attached to the confirmation e-mail, and it is the Customer's responsibility to keep this copy.

Should the Customer fail to comply with the General Terms and Conditions, particularly with regard to the payment of an order, Maison CAREL reserves the right to suspend its services and, if necessary, suspend or terminate the Customer's account.
Prior to any such measure, the Customer will be notified as soon as possible by CAREL, mention being made of the possibility for the Customer to rectify his or her situation, as well as the possibility of contesting the elements of which he or she is accused.
Consequently, CAREL reserves the right to refuse any order from a Customer with whom such an unresolved dispute exists.

In accordance with Article 11 of the General Terms and Conditions, the customer has the right to oppose, access and rectify any data concerning him/her held by Maison CAREL.

Article 3 : Prices

The prices of Products sold on the Maison CAREL Site are indicated in the currency corresponding to the country previously selected, and may be subject to variations during the year.
However, it is specified that the prices in force at the time the order is validated by the Customer will be invoiced.

For France, delivery charges are mentioned separately during order validation, before payment, and depend on the delivery option chosen and the nature and weight of the Product(s) ordered.
They are therefore invoiced in addition to the price of the Product(s) ordered, except for orders over €350.

For deliveries outside France, delivery charges, taxes and any customs duties are included in the prices indicated on the Site.
The customer will have the option of paying these directly when placing the order, or at a later date at his convenience.

During sales periods

For the sake of transparency, the final prices shown on our website are preceded by those outside the highlighted sales period, and respecting the same conditions and characteristics as for the prices charged on the Site throughout the year.

Article 4 : Terms of payment

Payment of the price of the Products ordered must be made in cash before delivery, using the payment method previously selected via our secure payment system.
For orders outside France, transport and customs charges may apply, so the Customer has the option of paying these when placing the order or at a later date before delivery.

The processing and dispatch of the Product(s) ordered will take place after confirmation of the agreement of the banking payment centers.
In the event of refusal of authorization, the Customer will receive an e-mail notifying him/her of the cancellation of the order and the reason for this refusal.

The Customer guarantees that he/she is fully authorized and able to use
Credit Card, American Express, PayPal, PayPal 4 times free of charge, Alma, Apple Pay, Klarna (for foreign countries), as well as all other secure payment methods specific to each country offered on our website.

For all orders over 500 euros, Maison CAREL reserves the right to check that the information provided matches the order, and to request a photocopy of the buyer's valid ID and proof of address.

These measures enable us to effectively prevent fraudulent use of your credit card or PayPal account.
In the event of suspicion of misuse or fraud for an order made from abroad, our logistics partner Global-E, reserves the right to cancel the order.
CAREL's acceptance of the customer's order is evidenced by the order confirmation e-mail sent to the customer.

Article 5: Delivery - Availability
5.1 Product availability

Product offers are valid as long as they are visible on the Site and within the limit of available stocks.
If one of the Products proves to be unavailable after the order has been validated by the Customer, the latter will be informed by e-mail, so as to enable him/her to abandon his/her order or place a new one if he/she wishes to opt for another product.
In any event, the Customer's account will be credited within 15 working days with the amount of the Product ordered but not delivered.
The remainder of the order will be delivered as normal, the Customer having already agreed to partial delivery.

5 .2 Delivery information

The Customer is responsible for the accuracy of the delivery information provided at the time of ordering, i.e. : Surname and First Name (corresponding to those indicated on the recipient's valid identity document), Postal Address, Country, Telephone and E-mail.
No modification may be made after the order has been validated.
CAREL shall not be held responsible for any error that may compromise delivery.

5.3 Place of delivery

Maison CAREL offers worldwide delivery.
It is up to the Customer to choose the place of delivery from among the options proposed.
(Home delivery or collection point)

In the event of delivery by a carrier requiring an appointment, the carrier will contact the Customer beforehand to agree on the date and place of the appointment.
If, after several delivery attempts, the delivery is unsuccessful due to the absence of the recipient, the order will be returned to the CAREL warehouse and reimbursed within 15 working days.
Store delivery is not possible.

5.4 Delivery time

The delivery time mentioned in the order summary corresponds to the dispatch time indicated on the Product sheet, plus the processing and dispatch time.
All orders are prepared and dispatched within 24 to 28 hours on working days.
Please note that lead times may be extended during busy periods such as sales.

Delivery times vary according to the country of destination.
CAREL reserves the right to split shipments if necessary.
Shipping and handling charges will only be invoiced for a single shipment.

In the event of a delay in shipment or routing, an e-mail will be sent to the Customer to inform him of any consequences for the delivery time indicated.
In any event, in accordance with legal provisions, in the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in article L 216-2 of the French Consumer Code.

The Customer is also invited to regularly check the status of his order and to contact Customer Services with any questions or problems.

Article 6: Reservation of ownership

CAREL expressly reserves ownership of the Products delivered until full payment of the principal and interest, if any.
Failure to pay may result in CAREL reclaiming the Products.
The above stipulations do not preclude the transfer to the Customer of the risks of loss or deterioration of the Products, as well as any damage they may cause.

Article 7: Right of withdrawal - Return
7.1 Exercising the right of withdrawal

In accordance with the provisions of articles L. 221-18 et seq. of the French Consumer Code, as a consumer, the Customer or another third party designated by the Customer, may exercise the right of withdrawal within a period of fourteen (14) days, without having to justify the reason(s), from the date on which the Customer takes physical possession of the order.

To exercise the right of withdrawal, the Customer must notify his decision to withdraw from the order by means of an unambiguous statement
(e.g. letter sent by post, fax or e-mail) to the following addresses:
CAREL, 20 rue Gramont, 75002 Paris, or bonjour@carel.fr

In order to enable Maison CAREL to offer the customer items that meet his or her expectations, the customer may use the model retraction form that can be downloaded here, but this is not obligatory.

For the withdrawal period to be respected, the Customer must return the item(s) before the end of the 14 calendar-day withdrawal period.
Please note: Physical delivery of the Product(s) to the carrier.
The return delivery time is not taken into account during this period.

Products must be returned to CAREL, together with the corresponding invoice, in perfect condition for resale, i.e. in their original condition (packaging, accessories, instructions, etc.) and correctly protected. If not, your package will be returned to you.
Any gifts offered when the order is placed must be returned in the same way as the products and under the same conditions.
Products which are not accompanied by their original packaging or which are returned in a condition unfit for sale may be refused by our Returns Department and may be returned to the customer: in this case, no refund will be made.

Given the high value of certain Products, the Customer is advised to insure the Products when they are returned to Maison CAREL, insofar as the Customer is responsible for their safekeeping and preservation until they are received by CAREL.

7.2 Return shipping costs

For France, the cost of returning goods for reimbursement is borne by the Customer.
Once the request has been submitted and accepted by Customer Service, the Customer will be invited to return the parcel to the following postal address: SABOTINE CAREL, 35 rue de la Roquette, 75011, PARIS
accompanied by the invoice and, if desired, the completed returns form.

For a return within the framework of an exchange by a credit note, the costs are offered by Maison CAREL, subject to acceptance by Customer Service, a prepaid return slip and a form will then be sent to the Customer following his request.

For returns outside France, the customer is responsible for the cost of returning the goods for reimbursement. The customer may obtain a prepaid label from his or her Personal Space, or request one from Customer Service.
The cost of the label will be deducted from the refund amount.

For a return in the context of a direct exchange or a credit note, the costs are offered by Maison CAREL, subject, once again, to acceptance by Customer Service. A prepaid return form will also be sent to the customer upon request.

7.3 Reimbursement by CAREL

Any Product returned in disregard of the information contained in the above paragraphs will not be accepted by Maison CAREL: consequently, it may not be reimbursed or will give rise to a claim for compensation from Maison CAREL, depending on the damage to the Product.

Reimbursement will be deferred until receipt of the Products or until the Customer provides proof of shipment, whichever comes first.

In the event of retraction by the Customer, accepted by CAREL, reimbursement will be made without undue delay and, in any event, within 14 working days from the date on which CAREL receives the returned product.

Any transport costs for a return for reimbursement shall be borne entirely by the Customer.

Maison CAREL will proceed with the reimbursement using the exact same means of payment as the one used by the Customer during the transaction of his/her initial order.

Please note that orders paid for with a credit note will also be reimbursed in the form of a credit note.
This will be sent by e-mail to the address of the recipient of the initial order within seven (7) working days.

During sales periods, private sales, and special promotions, discounted products can only be exchanged by another product or credited in the form of a voucher, valid only on carel-paris.com for one year. Refunds will not be accepted in order to limit abuse.

7.4 Exchange by CAREL

In the same way as in the case of a return for refund, Products returned for exchange are subject to the same conditions set out in Article 7.1.

Transport costs will be free of charge.

In this case, Maison CAREL will exchange the Product(s) directly for international customers or process the credit note (depending on the desired option indicated on the form) within seven (7) working days of receipt of the returned Product(s).

7.5 Products excluded from the right of withdrawal

In accordance with the regulations in force, the right of withdrawal cannot be exercised for Products made to the Customer's specifications or customized (e.g. engraving) and goods unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection.

Article 8: Legal warranties

Under the legal warranty of conformity, the Customer :

- Has a period of two (2) years from the date of delivery of the goods in which to take action against CAREL.
- May choose between repair or replacement of the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code.
- Is exempted from proving the existence of the lack of conformity of the good:

If the product is new: during the 24 months following receipt of the product.
If the product is second-hand: during the 6 months following receipt of the product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product.

It is reminded that the consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The provisions of this article 8 do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 7.

However, the Customer may not contest conformity by invoking a defect that he was aware of or could not have been unaware of when he entered into the contract (article L.217-8 of the French Consumer Code): the Customer is therefore asked to consult the Product data sheets for a description of all Products, particularly second-hand ones: any scratches, bumps or imperfections are detailed.
Furthermore, as used goods are sometimes very old, and despite all the care taken by CAREL before shipment, the Customer declares that he/she is aware that frequent renovations or overhauls may be necessary.

In all cases, in the absence of an observed breakdown or abnormal use of the Product (including, but not limited to: broken product, oxidation, use that does not comply with the manufacturer's recommendations or the Product's intended use), Carel will not repair or exchange the Product; Carel will also be liable to invoice the labour costs incurred.

In accordance with the legal provisions concerning conformity and hidden defects, Carel will refund or exchange Products that are defective or do not correspond to their description. If the Customer requests a refund, he/she must first contact the Site at the following e-mail address, explaining the details of the request and the reasons for it: bonjour@carel.fr.

If the return is accepted by CAREL, the Products must be returned in the condition in which the Customer received them, in their original packaging and condition, accompanied by the delivery note and/or the corresponding invoice.
In order to make a return in this specific case without additional transport costs, the Customer is invited to contact Carel Customer Service by e-mail: bonjour@carel.fr to explain the situation.
Once the return has been justified by the Customer and validated by CAREL, the Customer will receive a prepaid return label by e-mail and will thus exceptionally be compensated for the return transport costs.

Article 9: Liability

It is expressly specified that the CAREL website is intended for consumers and that the Products sold are not designed for professional use.
Consequently, La Maison shall not be held liable for any indirect or consequential damages arising from the use or exploitation of the Products ordered.
Furthermore, the Products comply with French legislation, but CAREL may not be held liable in the event of non-compliance with the legislation of the country where the Products are delivered: it is the Customer's responsibility to check with the authorities of the country of importation to find out whether the Product is authorized there.

Furthermore, La Maison CAREL shall not be held liable for the non-performance of the contract entered into in the event of force majeure, as defined by Article 1218 of the French Civil Code, or in the event of fault on the part of the Customer or the unforeseeable and insurmountable act of a third party to the contract, or for the consequences resulting from the improper use of the Products sold on the Site.

Article 10: Intellectual property

No part of the Site, in particular editorial content, graphics, photographs, logos and trademarks may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any form or by any means without the prior written consent of Maison CAREL.
Any unauthorized use of materials on this Site may violate copyright, trademark or other applicable laws and is punishable by law.

Article 11: Personal data

The database, made up solely of information communicated upstream, has been declared to the Commission Nationales Informatique et Libertés. In accordance with law no. 78-17 of January 6, 1978, the Customer has the right to oppose, access and rectify any data concerning him/her that may be brought to the attention of CAREL during the performance of the contract.
The Customer may exercise these rights by contacting CAREL by e-mail at bonjour@carel.fr

In accordance with current regulations, the Customer's request must be dated, signed and accompanied by a photocopy of an identity document bearing his signature, and must specify the address to which the reply is to be sent.
A reply will be sent within 2 months of receipt of the request.

In addition, if the Customer so wishes when registering, Maison CAREL may:

- Send promotional offers and newsletters, any other use by third parties being unauthorized.
- Authorize the transmission of personal data to our commercial partners.

Otherwise, Carel will only use this information within the strict framework of processing Customer orders and compiling statistics to improve its Site and the services offered.

Article 12 : Proof

In the absence of proof to the contrary provided by the Customer, CAREL's automatic recording systems are considered as proof of the nature, content and date of the sales contract.

Article 13: Applicable law - Disputes - Claims handling - Mediation

The present contract is subject to French law.
The language of this contract is French. In the event of a legal dispute, the French courts shall have exclusive jurisdiction, subject to the applicable mandatory legal provisions.

For all claims, please contact Customer Service at bonjour@carel.fr.
In accordance with the rules applicable to mediation, all consumer disputes must be submitted in writing to the CAREL Customer Service Department before any request for mediation.

Then, if the disagreement persists and in accordance with the provisions of the French Consumer Code concerning "the mediation process for consumer disputes", the customer has the right to have recourse free of charge to the mediation service offered by Maison CAREL. The "consumer law" mediator thus proposed is CM2C.

This mediation system can be reached by :

- Electronically: cm2c@cm2c.net
- By post: CM2C, 14 rue Saint Jean 75017 Paris