Terms of sales
The “Buyers” or “Customers” of the site are natural or legal persons, non-professional.
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: david@chaska.fr
By post to the following address: CHASKA SASU – 2 avenue du Général de Gaulle – France.
The GCS constitute with the order form the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
They may be supplemented, where appropriate, by conditions of use specific to certain Products or Services.
Article 1- Acceptance of the GCS
Prior to any transaction, the customer acknowledges having read the GCS in force at the time of the order and expressly declares to accept them when he clicks on the “Order validation” button.
The customer also declares at the time of the order to have full legal capacity allowing him to engage under these GCS.
CHA’SKA reserves the right to modify the T&Cs at any time and unilaterally.
Article 2- Special conditions of sale
The Special Conditions of Sale supplement these general conditions and, in the event of any contradiction, prevail over the latter.
The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on the screen (name, price and terms of payment, quantity, color, particularities of the products, cost of the services, delivery times, terms of delivery, place of storage of the product if applicable) and expressly declares to accept them without reservation.
Article 3- Price
The prices of our products are indicated in euros, value added tax (VAT) applicable in France included. They do not include customs fees 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 on that date.
Article 4 – Order
– Validation of the basket –
The Customer selects on the website www.chaska.fr the products he wishes to add to his basket. The basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the basket before validating his Order.
To place an order, the Customer, after having filled his virtual basket, then clicks on the order validation button and provides the information relating to invoicing and delivery.
Before the final validation of his order, the customer accesses a summary of it, allowing him to check the details of his order, its total price, shipping 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 Order, the customer must confirm that he has read and accepts these GCS without reservations, the Special Conditions of Sale referred to in Article 2 and other related costs such as those related to the shipment, if applicable.
Any modification of the order by the Customer after the validation of his order is subject to the acceptance of CHA’SKA.
– Confirmation of Receipt of the Order and Registration of the Order –
CHA’SKA confirms the receipt of an order by an email entitled “Registration of your order” summarizing the order (Product.s, price, availability of the product.s, quantity.s, etc.) and sent to the Customer.
– Confirmation of the Order and Conclusion of the Sale –
However, the sale will not be concluded until the confirmation of the order by CHA’SKA, in an email entitled “Shipping 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 relating 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 will inform the customer no later than 5 working days after registration of the order, and will immediately refund 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 with 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. Delivery times for these may vary.
In the event of an order for several items of which 1 or a part are stored abroad, the order will be sent in two instalments. Products stored in France will be shipped according to the terms of shipment from France, and the product(s) stored abroad will be shipped in a second time to take into account the different delivery times.
– Billing –
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 of the sending of said e-mail.
Article 5 – Retention of title
The products remain the property of CHA’SKA until the Confirmation of the Order and complete receipt of the order.
Article 6 – Availability
The Products are offered within the limits of the stocks available 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 applicable.
Article 7 – Payment and delivery
7.1 Payment
The products are payable in cash when the actual Order is placed, with the exception of products for which payment can be made in 2 or 3 instalments, as indicated on the Site.
Payment for purchases is made through the secure Stripe platform.
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 credit card number to CHA’SKA constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of cancellation of Order for non-payment is sent to the Customer by CHA’SKA on the email address communicated by the Customer when ordering.
The data recorded and kept by CHA’SKA constitutes proof of the Order and of all past sales. The data recorded by Stripe constitutes proof of any financial transaction between the Customer and CHA’SKA.
7.2 Terms and delivery times
A period of 3 working days after the Registration of the Order will be necessary to ship the order for products in stock in France, excluding sales and special operations. This period is extended to 7 working days for products stored abroad. The ordered product is sent by the postal circuit, by Colissimo followed by the delivery address indicated by the customer.
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 modality article 9 below). This period is extended to 1 month during the end-of-year holidays for purchases made in December.
Section 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 interruption or not, regardless of the cause. This may include maintenance. Being by its activity subject to an obligation of means, CHA’SKA cannot be held responsible for any physical, material, financial or moral damage caused by the unavailability of the Site.
The Site does not require any particular registration. The Buyer is free to subscribe to the newsletter.
CHA’SKA cannot be held responsible for disclosure, fraudulent use and the consequences, in particular financial, which do not result from its doing.
Section 9. Description of services
9.1 Services
CHA’SKA provides Buyers with a service on the Site consisting of the sale of its own creations and products selected from different brands, for a specific period and under the conditions defined in these General Conditions of Sale.
9.2 Offer
The online sales offers presented on the Site are valid for the duration indicated on the Site and within the limits of available stocks.
When he validates his order, the Buyer is deemed to have accepted the offer.
9.3 Delivery of Products to Buyer
The Buyer accepts that the Products may be delivered by CHA’SKA from a period of 3 working days, which period begins to run on the day following the date of the Registration of the Order (“Processing Time”).
This Processing Time may allow the Buyer, 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 “Shipping your order” has not been sent. This deadline is indicative. CHA’SKA cannot be held responsible in the event of a reasonable delay in relation to this deadline. In the event that the order processing time is greater than 3 working days, CHA’SKA undertakes to inform the Buyer.
Delivery is by Colissimo postal service with tracking.
The cost of delivery will be indicated on the Site as well as on the order confirmation preceding payment of the price by the Buyer.
The Buyer agrees to bear all delivery costs, unless otherwise indicated by CHA’SKA on the Site.
The Buyer must provide CHA’SKA with all the information necessary for the actual delivery of the Product according to the defined delivery method. He remains solely responsible for the veracity of the information transmitted, which he may modify until the validation of his order.
The delivery method and the information provided by the Buyer will be summarized in the order confirmation email. If the Buyer notices that any of the information provided is incorrect, he may contact CHA’SKA using 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 terminate his order by registered letter with acknowledgment of receipt sent to the address mentioned on the Site. He will then not be debited with the sale price of the Products. He cannot claim any compensation.
The products will be accompanied by a slip summarizing the details of the Products purchased. The Invoice will be sent by e-mail.
It is up to the Buyer, upon receipt of the package, to check that all the Products listed in the Summary Slip are contained therein. He must immediately, following receipt of the package, notify CHA’SKA of any missing or damaged product, within a maximum period of 15 days.
The burden of proof of the lack of conformity of the Products delivered rests 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 will be deemed to have accepted them.
9.4 Exchanges
CHA’SKA does not exchange directly. Any product to be exchanged for whatever reason must follow the withdrawal procedure. The Buyer must order the new item desired on the website.
9.5 Right of withdrawal
The right of withdrawal from which the Buyer benefits pursuant to article L121-21 of the Consumer Code, which is fifteen (15) clear days from receipt of the Products. The exercise by the Buyer of his right of withdrawal entails the restitution of the price by CHA’SKA and the restitution of the Products by the Buyer.
To exercise his right of withdrawal, the Buyer must send an email to CHA’SKA within the time limit at the following address: david@chaska.fr indicating in the subject “Return Request” and attaching the form to download below.
CHA’SKA will send the Buyer as soon as possible a return parcel number to be indicated on the Return Form which will be slipped into the parcel with the returned product before shipment.
9.6 Exercise of the Right of Return and Withdrawal
When, within the legal period 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 response 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 “Return Request” or “Non-compliant delivery”, as the case may be, of the Return Form. As soon as possible CHA’SKA will communicate a return number to be indicated on the Return Form. The copy of the Form must be slipped into the package.
CHA’SKA has 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 unlabeled, worn or damaged (pulled thread). Any product returned to CHA’SKA when it has been unlabeled, damaged (pulled wire) or shows 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, his price and the shipping costs then being kept by CHA’SKA SASU.
The simple doubt that the product has been worn by the Buyer is sufficient to consider the purchase as final.
9.7 Terms of return
The Product return method is by Colissimo with tracking, using the prepaid Return Slip found in the shipping package.
The Products must be shipped within 10 days of the response email from CHA’SKA specifying the return number. It is up to the Buyer to keep 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 return for damaged product on delivery).
9.8 Returns resulting from an error in the package, a hidden defect, or a product damaged on delivery
Returns resulting from an error on the part of CHA’SKA (error on the product, on the size), or a hidden defect or deterioration of the product during transport are also free.
9.9 Informational content made available to Buyers
CHA’SKA provides Buyers, without condition of registration to the Site, with informative content relating in particular to its products and to the Company.
The information transmitted by CHA’SKA in this respect has only informative value and CHA’SKA cannot be held responsible for any consequences related to their 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.
Section 10. Products
10.1 Product Information
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his order, read on the CHA’SKA Site, the essential characteristics of the Products he wishes to order.
The information relating to the description and in particular to the composition of the Products are those transmitted to CHA’SKA for its products and by the supplier brands, and CHA’SKA can in no way be held responsible for erroneous data transmitted by the Sellers.
CHA’SKA reserves the right to present its own description of the Products for information purposes, without distorting the information relating to the content of the Products, and cannot be held responsible for any consequences related to this information.
The photographs and graphics are given for information only. CHA’SKA will 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, given the digital presentation of the Products on the Internet, it is possible that the Buyer’s perception of the photographic representation of the Products does not correspond exactly to the Product itself, which the Buyer admits and acknowledges. The difference in perception by the Buyer of the shapes and colors between the photographs or graphics presented and the Products cannot engage the responsibility of CHA’SKA.
10.2 Product Availability
The Buyer acknowledges that the Products presented as part of the Services are offered for sale within the limit of available stock.
CHA’SKA undertakes to specify on the Site the availability or unavailability of the products depending on 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 cannot be held responsible for the unavailability of a Product presented for sale on the Site or ordered by a Buyer.
Section 11. Price and terms of payment
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 that indicated on the Site on the date of registration of the order by the Buyer.
Delivery costs will be added before the validation of the order, depending on the delivery method(s) offered 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 manifest typographical error.
The full sale price is due upon ordering and the order will only be validated once these T&Cs have been accepted and the sale price has been paid.
Discounts and promotion codes are valid under the conditions and within the limits of the expiry dates mentioned either on the Site or in the letter or e-mail accompanying the description of the special offer, and within the limits of available stocks.
Any order will only be validated when the Buyer has paid in full for his order by credit card on the Site. Products will only be shipped on the condition that payment is authorized by the issuing bank.
In the event that the Products are in pre-order 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 from the Buyer. The Buyer undertakes to pay the entire order which will take place before the delivery of the Product. Any withdrawal by the Buyer before Delivery entails the withholding of the deposit.
In the event that the Products are pre-ordered with personalization 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 the event of withdrawal by the Buyer after delivery of the product, due to customization, the deposit will be retained by CHA’SKA.
Section 12. Legal guarantees
The Buyer benefits from the legal guarantees of non-compliance as well as due to hidden defects of the thing sold. These guarantees are exercised by contacting CHA’SKA customer service at the contact details mentioned herein.
CHA’SKA will carry out the necessary checks and will offer the Buyer the repair or replacement of the Product if possible.
If the repair or replacement of the Product is impossible, CHA’SKA will offer the Buyer to reimburse the full price paid for this Product, as well as the related shipping costs if applicable, either in cash or in the form of a voucher usable on the Site. The Buyer will receive the voucher or refund as soon as possible and at the latest within thirty days of the date on which he informed CHA’SKA of his choice.
Section 13. Computing and Freedom
13.1 Personal data
Personal data is information which, by direct or indirect means, makes it possible to temporarily identify a person. Buyers will be required to provide this type of information (surname, first name, e-mail address) for the processing and delivery of orders as well as for the preparation of invoices.
This information is strictly confidential. The lack of information implies 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 [XXXXXXXX].
In accordance with the provisions of article 27 of the Data Protection Act of January 6, 1978, the Buyer has the right to access, modify, rectify, delete all personal data concerning him.
Ce droit peut être exercé en envoyant un mail à l’adresse suivante: [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 Buyer may oppose the receipt of this type of offer by specifying it when creating his 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 is likely to install cookies in the Buyer’s terminal. These cookies record information relating to browsing on the Platform and store information entered during the visit, so that there is no longer any need to enter it during future visits. The shelf life of this information in the Buyer’s terminal is 6 months.
The Buyer has the right to oppose the registration of “cookies” by configuring his browser. Each browser being different, the visitor must check in the “Help” menu of his browser how to modify the preferences in terms of cookies. However, certain features of the Site can no longer be used if the Buyer refuses their installation.
13.3 Web tags
Certain web pages of the Site may sometimes contain electronic images or “web beacons”, which allow the number of visitors to the page to be counted. These web tags can be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements.
In any case, the information obtained via these beacons is strictly anonymous and simply makes it possible to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Buyers of our Site.
Section 14. Responsibility
CHA’SKA is not the manufacturer of the Products marketed on the Site. Therefore, CHA’SKA can in no way be held responsible for any material, immaterial or bodily damage that may result from the use of the products presented on the Site and in particular due to their composition.
The information accessible on the Site is provided for information purposes and to the extent of the information provided by the manufacturers of the Products, without guarantee of any kind for CHA’SKA.
CHA’SKA declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the Site.
CHA’SKA cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, defined in accordance with the definition of article 9 below.
Section 15. Force majeure
CHA’SKA will not be responsible 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 the postal services and means of transport and/or communications, flood, fire.
Events fulfilling the criteria set by the case law of the Court of Cassation will be considered as cases of force majeure.
In the presence of an event constituting force majeure, CHA’SKA will notify the Buyer/Seller within five (5) working days of the occurrence or threat of this event.
The Buyers and CHA’SKA agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order for the duration of the case of force majeure.
Beyond a period of one (1) month of interruption due to force majeure, CHA’SKA may not honor the order, on condition that it reimburse the Buyer if necessary.
Section 16. Intellectual property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by CHA’SKA within the Site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of CHA’SKA are strictly prohibited and may be the subject of legal proceedings.
Section 17. Advertisement
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 will be the sole judge.
Section 18. Duration
These general conditions come into force on 01/02/2019 and apply for the entire duration of the online availability of the Products sold on the Site.
Section 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 come together in order to attempt to resolve the dispute amicably. Failing amicable resolution of the dispute within 30 days of its occurrence, it will be submitted to the competent court of the city of Nanterre.