General Terms and Conditions of Sale

 

The present general terms and conditions of sale ("GCS") govern all relations between the company CHA'SKA, custodian of the brand "CHA'SKA", a company with a capital of 2000 € whose registered office is 2 avenue du général de gaulle, 92250 La Garenne Colombes, registered with the R.C.S. of Nanterre under the number 850 684 770, VAT number FR36850684770, hereafter "CHA'SKA", and the Customers of the website www.chaska.fr.

The "Buyers" or "Customers" of the Site are natural persons or legal entities, not professionals.

CHA'SKA is the owner of the Site www.chaska.fr (the "Site") hosted by www.ovh.net.

The "Products" are the items offered for sale by CHASKA on the Site.

For any request the company can be contacted by email at the address: David@chaska.fr

By mail to the following address CHASKA SASU - 2 avenue du général de gaulle - France.

The GCS constitute with the order form the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.

They may be supplemented if necessary by conditions of use specific to certain Products or Services.

Article 1- Acceptance of the GTC

Prior to any transaction, the customer acknowledges having read the GCS in force at the time of the order and expressly declares that he accepts them when he clicks on the button "Order validation".

The customer also declares at the time of the order to have full legal capacity to commit under these GCS.

CHA'SKA reserves the right to modify the GCS at any time and unilaterally.

Article 2- Special conditions of sale

The Special Terms and Conditions of Sale supplement these general terms and conditions and, in the event of contradiction, prevail over the latter.

The customer acknowledges having read, at the time the order is placed, the special conditions of sale set out on screen (name, price and terms of payment, quantity, colour, particularities of the products, cost of services, delivery times, delivery terms, storage location of the product if applicable) and expressly declares that he accepts them without reservation.

Article 3- Prices

The prices of our products are indicated in euros, value added tax (VAT) applicable in France included. They do not include customs duties and other taxes, this VAT may be different depending on the country from which the purchases are made.
All orders must be paid in Euros.
CHA'SKA reserves the right to change prices at any time. The products will be invoiced on the basis of the prices in force at the time of the registration of the orders, subject to their availability at this date.

Article 4 - Order

- Validation of the Basket -
The Customer selects on the site www.chaska.fr the products he wishes to add to his basket. The shopping cart summarizes the Products chosen by the Customer as well as the prices and related fees. The Customer may freely modify the basket before validating the Order.
To place an order, the Customer, after having filled his virtual basket, clicks on the order validation button and provides the billing and delivery information.

Before the final validation of his order, the customer has access to a summary of the order, allowing him to check the details of his order, its total price, shipment processing time, its mode and delivery time and to return to the previous pages to correct any errors or possibly modify his order.

By validating the Sales Order, the Client confirms that he/she has read and accepts, without reservation, the present General Terms and Conditions and the Special Conditions of Sale set out in article 2 as well as any related fees such as shipping costs, if applicable.
Any modification of the order by the Customer subsequent to the validation of its order shall be subject to the acceptance of CHA'SKA.

- Confirmation of Order Receipt and Order Registration -
CHA'SKA confirms the receipt of an order by an email entitled "Order Registration" summarizing the order (Product(s), price, availability of the Product(s), quantity, etc.) and sent to the Customer.

- Confirmation of the Order and Conclusion of the Sale-
However, the sale shall only be concluded upon confirmation of the order by CHA'SKA, in an email entitled "Shipment of your order" which confirms the validation, processing and imminent shipment of the order.
CHA'SKA reserves the right not to confirm an order for any reason whatsoever, in particular due to the availability of products, a problem concerning the order received, an abnormal order, a foreseeable problem concerning the delivery to be made, or a dispute relating to a previous order.

In this case, CHA'SKA shall inform the Customer no later than 5 working days after the order has been registered and shall proceed without delay to reimburse the Customer. For Products to be shipped from abroad, this 5-day period is exceptionally extended to 7 working days.
In case of unavailability of one of the products of an order, the rest of the order is shipped.

- Order including items stored in Latin America -
In a responsible approach, CHA'SKA tries to limit its stocks as much as possible, which implies that for some of its products or with partner brands, the products are stored in their country of origin, i.e. in Latin America. This information appears in the product sheets. The delivery times of the latter may be different.
In the event of an order for several items of which 1 or part are stored abroad, the order will be sent in two parts. The products stored in France will be shipped according to the modalities of a shipment from France, and the products stored abroad will be shipped in a second time to take into account the different delivery times.

-Invoicing -
Invoices are sent to the customer by e-mail as an attachment to the "Shipment of your order" e-mail, or at the latest by separate e-mail within 10 working days from the sending of the said e-mail.

Article 5 - Retention of title

The products shall remain the property of CHA'SKA until Confirmation of the Order and complete collection of the order.

Article 6 - Availability

The Products are offered within the limits of available stocks on the Site.
When a product is no longer available, in principle, it is not displayed and it is therefore no longer possible to order it. However, if the product in question were to be available again on the site, we can, if you wish, inform you by e-mail. To do this, simply send us an email to the address : David@chaska.fr indicating the name of the model, the color, as well as your size, if any.

Article 7 - Payment and delivery

7.1 Payment
The products are payable in cash at the time of the effective Order, with the exception of the products for which the payment can be made in 2 or 3 times, as indicated on the Site.
The payment of purchases is made through the secure platform Stripe.
Stripe is a company based in France. For any information, the Customer can consult the website https://stripe.com/fr

The Customer expressly acknowledges that the communication of his/her credit card number to CHA'SKA shall constitute authorization to debit his/her Account for the price of the Products ordered. Where applicable, CHA'SKA shall send the Customer a notice of cancellation of the Order due to non-payment of the Product(s) on the e-mail address provided by the Customer at the time of ordering.
The data recorded and kept by CHA'SKA shall constitute proof of the Order and of all sales made. The data recorded by Stripe shall constitute the proof of any financial transaction between the Customer and CHA'SKA.

7.2 Delivery terms and delays
A delay of 3 working days after the Registration of the Order will be necessary to dispatch the order for the products in stock in France, except sales and special operations. This period is increased to 7 working days for products stored abroad. The product ordered will be shipped via the postal service, by Colissimo, to the delivery address indicated by the client.

The price of delivery in France and abroad is fixed and calculated at the time of validation of the basket.

The customer has 15 clear days to notify CHA'SKA of his wish to exercise his right of withdrawal (see article 9 below). This period is extended to 1 month during the end of year festivities for purchases made in December.

Article 8. Availability and access to services

The services of the Site are normally accessible by the Buyer 24 hours a day, 7 days a week and all year round except in the event of voluntary or involuntary interruption, regardless of the cause. This may include, in particular, maintenance. Being by its activity subject to an obligation of means, CHA'SKA shall not be held liable for any physical, material, financial or moral prejudice caused by the unavailability of the Site.

The Site does not require any special registration. The Buyer is free to subscribe to the newsletter.

CHA'SKA shall not be held liable for any disclosure, fraudulent use or financial or other consequences not resulting from its actions.

Article 9. Description of services

9.1 Service
CHA'SKA provides Buyers with a service on the Site consisting of the sale of its own creations and products selected from various brands, for a given period and under the conditions defined in the present Terms and Conditions of Sale.

9.2 Offers
The online sales offers presented on the Site are valid for the period indicated on the Site and within the limits of available stocks.

When validating his order, the Buyer is deemed to have accepted the offer.

9.3 Delivery of Products to the Buyer
The Purchaser agrees that the Products may be delivered by CHA'SKA within a period of 3 working days, which period shall commence on the day following the date of the Order Registration ("Processing Time").

This Processing Time may allow the Purchaser, if necessary, to correct or modify an order in the event of an error when placing it as long as it has not been processed and the e-mail entitled "Dispatch of your order" has not been sent. This deadline is indicative. CHA'SKA shall not be held responsible in the event of a reasonable delay in relation to this deadline. In the event that the order processing time is longer than 3 working days, CHA'SKA undertakes to inform the Purchaser.

The delivery is made by colissimo postal service with tracking.

The cost of delivery will be indicated on the Site as well as on the order confirmation preceding the payment of the price by the Buyer.

The Buyer agrees to bear the full cost of delivery, unless otherwise indicated by CHA'SKA on the Site.

The Buyer shall provide CHA'SKA with all information necessary for the effective delivery of the Product according to the delivery method defined. The Buyer remains solely responsible for the truthfulness of the information transmitted, which he may modify until the validation of his order.

The method of delivery and the information provided by the Buyer will be summarized in the e-mail confirming receipt of the order. If the Purchaser notices that any of the information transmitted is incorrect, he/she may contact CHA'SKA at the contact details available on the Site.

In the event of a delay of more than 30 days in relation to the announced delivery date, not justified by a case of force majeure, the Buyer may cancel his order by registered letter with acknowledgement of receipt sent to the address mentioned on the Site. In this case, the Buyer will not be debited for the sale price of the Products. The Buyer shall not be entitled to any compensation.

The products will be accompanied by a slip summarising the details of the Products purchased. The Invoice will be sent by e-mail.

It is the responsibility of the Buyer, upon receipt of the package, to check that all the Products listed in the Summary Form are contained therein. The Buyer must immediately, following receipt of the package, notify CHA'SKA of any missing or damaged products within a maximum period of 15 days.

The burden of proof of the lack of conformity of the delivered Products lies exclusively with the Buyer.

In the absence of information from CHA'SKA concerning the non-conformity of the Products delivered during the period of 15 clear days from receipt of the Products, the Buyer shall be deemed to have accepted them.

9.4 Exchanges

CHA'SKA does not trade directly. Any product that needs to be exchanged for any reason will have to follow the withdrawal procedure. The Buyer shall order the new item desired on the website.

9.5 Right of withdrawal
The right of withdrawal enjoyed by the Buyer pursuant to Article L121-21 of the French Consumer Code, which is fifteen (15) clear days from the date of receipt of the Products. The exercise by the Buyer of his/her right of withdrawal shall entail the return of the price by CHA'SKA and the return of the Products by the Buyer.

To exercise his right of withdrawal, the Buyer shall send within the time limit set, an email to CHA'SKA at the following address: david@chaska.fr indicating in the subject line "Return Request" and attaching the form to be downloaded below.

CHA'SKA shall send as soon as possible to the Buyer a parcel return number to be indicated on the Return Form which shall be slipped into the parcel with the returned product before dispatch.

Return Form.

9.6 Exercise of the Right of Return and Withdrawal
When, within the legal time limit of fifteen (15) clear days, the Buyer decides to exercise his right of withdrawal, the latter undertakes to return the Products without delay and at the latest within ten (10) clear days following the reply email from CHA'SKA indicating the return number.

The decision of withdrawal to be valid must be made by sending an email to the following address david@chaska.fr, indicating in the subject line "Return Request" or "Non-Conforming Delivery", as the case may be, of the Return Form. CHA'SKA will promptly provide a return number to be indicated on the Return Form. The copy of the Form must be placed in the package.

CHA'SKA shall have a period of fifteen (15) days from receipt of the Product(s) to reimburse the Buyer for the sale price.

The right of withdrawal cannot be implemented when the Products have been desetized, worn or damaged (pulled threads). Any product returned to CHA'SKA when it has been desetized, damaged (pulled threads) or has traces of use will be considered as having been the subject of a definitive purchase by the Buyer and will be returned to him at his expense, its price and shipping costs being then retained by CHA'SKA SASU.

The mere doubt that the product has been worn by the Buyer is sufficient to consider the purchase as final.

9.7 Methods of return
The Products are returned by colissimo with tracking, using the prepaid return slip included in the shipping package.

The Products must be shipped within 10 days following the reply e-mail from CHA'SKA specifying the return number. It is up to the Buyer to keep the proof of this shipment.

For Buyers living abroad, the return must be made by the transport service of their choice with tracking number. The Return will be refunded to them on presentation of the proof of payment, to be slipped into the return package, within the limit of 12 EUR.

It is up to the Buyer to take the necessary precautions so that the Product arrives in good condition (except in the case of a return for a product that has deteriorated on delivery).

9.8 Returns due to an error in the package, a hidden defect, or a product damaged on delivery

Returns due to an error on the part of CHA'SKA (error on the product, on the size), or due to a hidden defect or deterioration of the product during transport are also free of charge.

9.9 Information content made available to Buyers
CHA'SKA makes available to Purchasers, without the need to register on the Site, information about its products and the Company.

The information transmitted by CHA'SKA for this purpose is for information purposes only and CHA'SKA shall not be held responsible for any consequences related to its use.

CHA'SKA reserves the right to modify, restructure, complete or delete at any time all or part of the information and data provided on the Site.

Article 10. The products

10.1 Information relating to the Products
In accordance with Article L.111-1 of the French Consumer Code, the Buyer may, prior to placing his/her order, ascertain on the CHA'SKA website the essential characteristics of the Products he/she wishes to order.

The information pertaining to the description and particularly the composition of the Products is that provided by CHA'SKA for its products and by its suppliers' brands. CHA'SKA shall in no way be held responsible for any incorrect information provided by the Sellers.

CHA'SKA reserves the right to display its own description of the Products on the Site as an indication only, without altering the information contained therein, and shall in no way be held liable for any consequences resulting from said information.

Photographs and graphics are for information purposes only. CHA'SKA shall make its best efforts to ensure that the graphic representation of the Products on the Site is as faithful as possible to the Products. However, in view of the digital presentation of the Products on the Internet, it is possible that the Buyer's perception of the photographic representation of the Products may not correspond exactly to the Product itself, which the Buyer admits and acknowledges. The difference in perception by the Buyer of the shapes and colours between the photographs or graphics presented and the Products shall not engage the responsibility of CHA'SKA.

10.2 Product availability
The Buyer acknowledges that the Products presented within the framework of the Services are put on sale within the limits of available stock.

CHA'SKA undertakes to specify on the Site the availability or unavailability of products according to the stock.

If a product is made unavailable following the validation of the order by the Buyer, he will be informed by e-mail as soon as possible.

CHA'SKA shall not be held liable for the unavailability of a Product presented for sale on the Site or ordered by a Buyer.

Article 11. Price and payment terms

The sale price is set directly by CHA'SKA for each product offered for sale on the Site and is indicated for each of the Products appearing on the Site, in euros, all taxes included, excluding delivery and transport costs mentioned before the validation of the order and invoiced in addition. The applicable price is the price indicated on the Site on the date of registration of the order by the Buyer.

Delivery costs shall be added before the validation of the order, according to the delivery method(s) proposed by CHA'SKA and the method chosen by the Buyer.

The prices displayed on the Site are subject to change at any time. They are also subject to variations for reasons of introductory prices, promotions or sales. All prices are subject to obvious typographical error.

The full sale price is due upon order and the order will be validated only once these GTC have been accepted and the sale price paid.

Discounts, and promotion codes, are valid under the conditions and within the limit of the expiry dates mentioned either on the Site, or in the mail or e-mail accompanying the description of the special offer, and within the limit of available stocks.

Any order will only be validated when the Purchaser has paid in full by credit card on the Site. The Products will only be shipped on condition that the payment is authorized by the issuing bank.

In the event that the Products are pre-ordered and payable in two installments, by validating his basket, the Buyer proceeds to the payment of a deposit which implies a firm and definitive commitment by the Buyer. The Buyer undertakes to pay the entire order in full before delivery of the Product. Any retraction on the part of the Buyer before the Delivery will result in the withholding of the deposit.

In the event that the Products are pre-ordered with personalisation and payable in two instalments, by validating his basket the Buyer proceeds to the payment of a deposit which implies a firm and definitive commitment. In case of withdrawal by the Buyer after delivery of the product, due to the personalisation, the deposit will be retained by CHA'SKA.

Article 12. Legal guarantees

The Buyer benefits from the legal guarantees of non-conformity as well as from the hidden defects of the thing sold. These guarantees are exercised by contacting CHA'SKA's customer service department at the contact details mentioned herein.

CHA'SKA shall make the necessary verifications and propose to the Buyer the repair or replacement of the Product if possible.

If the repair or replacement of the Product is impossible, CHA'SKA shall offer to reimburse the Purchaser the full price paid for the Product, as well as the related shipping costs, if applicable, either in cash or in the form of a purchase voucher that can be used on the Site. The Purchaser shall receive the purchase voucher or the refund as soon as possible and at the latest within thirty days following the date on which he/she has informed CHA'SKA of his/her choice.

Article 13. Data processing and liberties

13.1 Personal data
Personal data are information which, by a direct or indirect means, allow a person to be identified momentarily. The Buyers will be brought to provide this type of information (name, first name, e-mail address) for the treatment and the delivery of the orders as well as for the establishment of the invoices.

This information is strictly confidential. Failure to provide this information will result in the automatic rejection of the order.

Personal information relating to the Buyer is subject to automated processing by the Platform, which has been declared to the CNIL under the number [XXXXXXXXXX].

In accordance with the provisions of Article 27 of the French Data Protection Act of 6 January 1978, the Buyer has the right to access, modify, rectify and delete any personal data concerning him/her.

This right can be exercised by sending an email to the following address: [contact@nomdusite.com] or by going to the "My account" section of the platform.

CHA'SKA may send you promotional offers or marketing information by e-mail. Each Purchaser may oppose the receipt of such offers by specifying this when creating his/her account, by unsubscribing by clicking on the link at the bottom of the mail or by writing to the following address: [contact@nomdusite.com].

13.2 Cookies
CHA'SKA may place cookies on the Buyer's terminal. These cookies record information relating to navigation on the Platform and store information entered during the visit, so that there is no need to enter it again during future visits. This information is stored in the Buyer's terminal for a period of 6 months.

The Buyer has the right to oppose the registration of "cookies" by configuring his browser. As each browser is different, the visitor must check in the "Help" menu of his browser how to modify the preferences regarding cookies. However, certain features of the Site may no longer be used if the Purchaser refuses to accept them.

13.3 Web Beacons
Some web pages on the Site may contain electronic images or "web beacons", which allow us to count the number of visitors to the page. These web beacons may be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements.

In any event, the information obtained via these tags is strictly anonymous and simply allows us to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Buyers of our Site.

Article 14. Responsibility

CHA'SKA is not the manufacturer of the Products marketed on the Site. Consequently, CHA'SKA shall in no way be held responsible for bodily or material damages incurred to any third party resulting from the use of products presented on the site, notably due to their composition.

The information accessible on the Site is provided for information purposes only and to the extent of the information provided by the manufacturers of the Products, without warranty of any kind for CHA'SKA.

CHA'SKA declines all responsibility for direct and indirect damages, whether foreseeable or not, caused during the use of the Site.

CHA'SKA shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any fact qualified as force majeure, defined in accordance with the definition of article 9 below.

Article 15. Force majeure

CHA'SKA shall not be liable for the total or partial non-execution of its obligations under this contract if this non-execution is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire.

Will be considered as cases of force majeure the events meeting the criteria set by the jurisprudence of the Court of Cassation.

In the event of an event constituting force majeure, CHA'SKA shall notify the Buyer/Seller within five (5) business days of the occurrence or threat of such event.

The Purchasers and CHA'SKA agree that they shall consult each other as soon as possible in order to determine together the methods of execution of the order for the duration of the case of force majeure.

Beyond a delay of one (1) month of interruption due to force majeure, CHA'SKA may not honour the order, and shall reimburse the Buyer if necessary.

Article 16. Intellectual Property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by CHA'SKA within the Site are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of CHA'SKA is strictly prohibited and may be subject to legal proceedings.

Article 17. Advertising

CHA'SKA reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which CHA'SKA shall be the sole judge.

Article 18. Duration

The present general terms and conditions come into force on 01/02/2019 and apply for the entire duration of the Products sold on the Site.

Article 19. Applicable law and attribution of jurisdiction

These General Conditions are subject to the application of French law.

In the event of a dispute, in particular relating to the conclusion, execution or interpretation of these GCS, the parties undertake to get together in order to try to resolve the dispute amicably. In the absence of an amicable resolution of the dispute within 30 days of its occurrence, it will be submitted to the competent court of the city of Nanterre.