Welcome to www.lesculottescoquines.com, les culottes coquines official online website,(hereinafter the “website”).
The access and use of the website are activities regulated by these general conditions of use. The access and use of this website, as well as the purchase of products, imply that you read, understand and accept these general conditions of use, and general terms and conditions of sale. This website is managed and maintained by coquine sa, a company incorporated under swiss law with registered office in via in muntagna 50, 6528 camorino, ticino, swiss, fiscal code, vat no. And registration number CHE-246.941.380, (hereinafter “coquine”).
Accessing and using the website (including the visualization of the web pages) communicating with les culottes coquines, downloading information on products and purchasing products on the website, constitute activities carried out by our users, exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity. By accessing the website, you will be the only one liable for the use of the website and its contents. Les culottes coquines cannot be deemed liable for the use of the website and its contents by any third party which is not compliant with applicable laws, except for les culottes coquines ‘s liability for fraud and serious fault. In particular, the consumer is the only person liable for providing wrong or false information and data to third parties, and for the improper use of said data.
Les culottes coquines shall not be liable for damages to the computer systems or losses of data due to downloading operations since the user surfs les culottes coquines‘s website at his own risk. Les culottes coquines declines any liability for possible damages due to the impossibility to access the services offered on the website or possible damages caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of contents, problems related to the network, providers or telephone and/or telecommunication connections, non-authorized accesses, data alterations, lack and/or faulty operation of the user’s electronic devices.
The user is liable for the preservation and use his/her personal information properly, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to les culottes coquines or third parties due to improper use, loss, or stealing of said information.
INTELLECTUAL PROPERTY RIGHTS
The website’s, format, including web pages, layout, graphics, colors, schemes, tools, the characters and design of the website are protected by legislative decree. The website’s content including the diagrams, methods, processes, functions and software relative to the website, are protected. The reproduction of the website and its contents, whether in full or in part, is prohibited in any form, without the explicit written approval of les culottes coquines. Les culottes coquines claims the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, whether in full or in part, of the website and its contents. With regards to the use of the website, you are exclusively authorized to
(i) visualize the website and its contents,
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the website and its contents, and
(iii) any other navigation activity on the website, performed exclusively in view of a licit use of the same site and its contents.
You agree to comply with the copyrights of the artists that chose to publish their works on the website of that have collaborated with the latter, to the creation of new expressive and artistic forms destined to be published, even if not exclusively, on the website or that form an integral part of it. Moreover, you are not authorized under any circumstance, to use the contents of the website and any single work protected by copyright and any other intellectual property right, in any way or form. For example and not limitedly to, you cannot alter or anyhow, modify the protected contents and works without the consent of les culottes coquines and of the single authors of the works published on the website, if needed.
“les culottes coquines” is a registered / unregistered trademark. The user shall refrain from using or reproducing the “les culottes coquines” trademark. In any manner which infringes with the trademark laws applicable in the jurisdiction where the les culottes coquines sign is protected.
LINKS TO OTHER WEBSITES
These general conditions of use are regulated by swiss law.
GENERAL TERMS AND CONDITIONS OF SALE
1. SUBJECT MATTER AND BUSINESS POLICY
1.1. The following general terms and conditions of sale govern the sale of products (hereafter the “products”) manufactured by coquine sa, a company registered under swiss law with registered office in camorino, via in muntagna 50, 6528 ticino ch, tax code, vat no. CHE-246.941.380 (hereafter “les culottes coquines” or the “vendor”) through the e-commerce website www. Lesculottescoquines.com (hereafter the “website”). Please read these terms and conditions carefully before ordering any products. By ordering any of our products you shall be bound to these terms and conditions.
1.2. The products for sale on the website are directly sold by les culottes coquines.
1.3. According to the swiss consumer code, “consumer” shall mean any individual who is acting for purposes other than his or her trade, business or profession. Only consumers are permitted to submit orders via the website. If you are not a consumer, please refrain from purchasing any products thorough the website.
1.4. Les culottes coquines reserves the right not to process orders received from visitors who do not fall within the definition of “consumers” according to the swiss consumer code or any other order which does not comply with les culottes coquines ‘s business policy.
1.5. Only consumers who are of age 18 or over and have full legal capacity, may place an order on the website. In placing an order, the consumer declares to comply with such requirements.
2. PRODUCT FEATURES AND AVAILABILITY.
2.1. Products are sold according to their features described on the website and pursuant to the general terms and conditions of sales published on the website at the time of the order. Some products could be custom made or could be personalized (hereinafter “custom products”). Certain restrictions, (like the right to return the custom products) may apply to custom products.
2.2. The vendor reserves the right to amend all or part of these general terms and conditions of sale at any moment from time to time and at its own discretion, with no obligation to give prior notice to visitors or consumers. All amendments to the general terms and conditions of sale come into force from the date on which they are published on the website, and will only apply to sales concluded from that date onwards.
2.3. Prices, products (and relative features) sold on the website may also be subject to changes without notice. Consumers are therefore advised to check the actual prices before placing any order.
2.4. Although the website can be accessed from all over the world, products available on the website can only be purchased by consumers who request delivery to one of the countries listed on the website.
3. PRODUCT PURCHASE PROCEDURE – CONCLUSION OF EACH INDIVIDUAL PURCHASE CONTRACT
3.1 in order to place an order, the consumer must complete the online order form and send it electronically to the vendor, and follow all of the reported instructions.
3.3 before placing an order, consumers will be asked to: (i) carefully read and understand these general terms and conditions of sale, (ii) read and understand the notice concerning withdrawal rights, and (iii) print and save a copy of the order. Consumers will also be asked to confirm and correct any possible errors in their personal data.
3.4 orders shall be deemed accepted by the vendor (and a binding contract is concluded) once a confirmation e-mail is sent to the consumer (hereinafter “order confirmation”), to the email address provided during the registration process, or during the order process if the consumer has not registered on the website; a summary of the order placed and a description of the product features. The order confirmation and the general terms and conditions of sales applicable to the contract concluded between the parties will be filed electronically by the vendor’s it systems and the consumer may request a copy of the same by sending an e-mail to the vendor at email@example.com.
3.5 the order confirmation will be filed in the vendor’s database. The vendor may access his order form by clicking on the appropriate section in the costumer area.
4. PRODUCT SELECTION, PRODUCT PRICE INDICATIONS AND PURCHASING PROCEDURE
4.1 due to the high demand for the products, the vendor is currently limiting purchases to two (2) products per consumer.
4.2 the main features of products are shown on the website on each product page. The products sold on www.lesculottescoquines.com may not exactly correspond to the real garments in terms of image and colors due to the internet browsers or monitors.
4.3 the products displayed on the website can only be purchased by selecting the relative products and adding them to your virtual cart. Once the selection is complete, in order to proceed with the purchase the consumer will be asked to (i) register with the website, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide his details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the website registration phase, the consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) As well as the delivery address for the products chosen, the billing address and, on an optional basis, a telephone number on which the consumer can be contacted in relation to the purchase made. The consumer will be provided with a summary of his completed order, and may change the contents. The consumer, will be required to carefully read and expressly approve the general terms and conditions of sale by indicating the relative check box and, finally, confirm the order by pressing the “place order” button; this action will send the order to the vendor in compliance with par. 3.2.-3.6. Of these terms and condition of sales. The consumer will also be asked to select a delivery option and a payment method from those available. If the consumer selects immediate payment by credit card or by pay pal he will be requested to provide the credit card information via a secure socket connection. The vendor reserves the right to check the personal details provided by the consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the consumer when the vendor sends the actual order confirmation.
5. DELIVERY AND ACCEPTANCE OF GOODS
5.1 product availability and delivery dates reported on the website are merely indicative and under no circumstances binding for the vendor.
5.2 the vendor shall make its best effort to comply to the delivery dates provided on the website or confirmed on the order confirmation. In case no delivery date is provided, the vendor shall deliver the products ordered at the latest within thirty (30) days from the date of the order confirmation. If the order cannot be processed by the vendor due to product unavailability, the vendor shall notify the consumer in writing and refund any amounts paid pursuant to par 5.3 below.
5.3 the products ordered by the consumer shall be delivered according to the method chosen from those available and listed on the website at the time the order is placed. The consumer undertakes to promptly check, within and no later than eight (8) days of receipt of the products, that the delivery is correct and includes all and only the purchased products, and to notify the vendor, within this deadline, of any faulty products received or any discrepancy between the order and the goods received, following the procedure referred to in par. 8 of this contract; failure to do so will infer that the products shall be deemed as accepted. In the case that the packaging or boxing of the products ordered by the consumer reaches its destination visibly damaged, the consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.
6. PRICES, SHIPPING COSTS, CUSTOMS DUTIES AND TAXES
6.1 the price of the products is reported on the website at the time the order is placed by the consumer. All prices are reported in euros and are inclusive of vat (where applicable) and of any other duty (where applicable), and include shipping costs.
6.2 the total price will be indicated in the order and also provided on the order confirmation sent via e-mail to the consumer.
6.3 if the products are to be delivered outside the european union, the total price reported in the order and in the order confirmation, including indirect taxes, is net of any customs duties and any other taxes. Consumer hereby agrees to pay for any applicable custom duties or other costs, charges and local applicable taxes, if required, in addition to the price stated in the order and in the order confirmation, as required by the applicable laws in force in the country where the product will be delivered. The consumer is invited to check with the relevant authorities in his country of residence or destination of products for further information on any duties or taxes applicable in his country of residence or destination of the products.
6.4 any unawareness by the consumer of potential costs, charges, taxes and/or duties referred to in par. 6.3 above, shall not constitute grounds for termination of this contract and shall under no circumstances be paid by the vendor.
7.1 the vendor reserves the right to amend prices at any time; however, changes will not affect orders for which the vendor has already sent you an order confirmation.
7.2 payments are accepted by credit card, debit card or paypal. Accept payments can only be processed by the following credit cards: visa; mastercard; maestro, american express.
7.3 in order to minimize the possibility of unauthorized access, the consumer’s credit card details will be encrypted. Once the order is received, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to the consumer’s credit card until his order has been dispatched for delivery. However, if the consumer’s payment method is paypal, the charge will be made when he receives the order confirmation.
7.4 by clicking “authorize payment” the consumer is confirming that he is the credit card owner or the legitimate holder. Credit cards are subject to validation checks and authorization by the credit card issuer but if the card issuer fails to authorize payment the vendor will not be liable for any delay or non-delivery and may not be able to form a contract with you.
8. VENDOR’S LEGAL WARRANTY OF CONFORMITY, REPORTING OF NON-CONFORMITIES AND INTERVENTIONS UNDER WARRANTY.
8.1 pursuant to and in accordance with european directive no. 44/99/ce, the vendor guarantees the consumer that the products are without design or material defects and conform to the description published on the website for a period for 2 (two) years from the date of delivery of the products to the consumer. No guarantee applies if products are used or cleaned in a manner not in compliance with the instructions/warnings provided by the vendor, in the instruction booklet, tags, or labels.
8.2 the consumer is required to report any material defects and non-conformities of the products within and no later than 2 (two) months from the date of their discovery; failure to do so will invalidate this guarantee. Defects, etc. Should be reported to the seller by e-mail to the address: firstname.lastname@example.org, by providing the details of the fault and/or non-conformity, with a photograph of the product, the order confirmation forwarded by the vendor and/or the receipt. Failure to do so will invalidate this warranty.
8.3 following receipt of the complaint and relative documentation, the vendor will assess the defects and non-conformities and relative documentation reported by the consumer via the vendor’s customer service. After carrying out quality checks to ascertain effective non-conformity of the product, the vendor shall decide whether to authorize return of the products, sending the consumer “returns code” by e-mail. Authorization to return the products in no way represents recognition of defects or non-conformities, the existence of which shall be ascertained following receipt of the products. Returned products shall be delivered together with a copy of the authorization bearing the” returns code”, within 30 (thirty days) from the date of reporting the defect or non-conformity, to the following address: les culottes coquines , via in muntagna 50, 6528 camorino, swiss.
8.4 any refund made will be made by either using the same payment method used by the consumer to purchase the product, or by bank transfer. The purchaser will be responsible for sending the vendor, using the same e-mail address: email@example.com the bank details for the latter to be able to transfer the refund.
8.5 warranties are not applicable to products which have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the vendor and/or the owner of the product, on the information leaflets, tags or labels.
9. DEFECTIVE PRODUCTS LIABILITY
9.1 the conditions foreseen by ec directive 85/374/cee is applicable to any damages caused by defective products. The vendor, in its capacity as distributor of the products on the website disclaims all liability, without exclusions and/or exceptions, and shall refer the consumer to the manufacturer of the product concerned.
10. RIGHT OF WITHDRAWAL, COOLING-OFF PERIOD
10.1 the consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring in any penalty, within 14 (fourteen) days from (i) the day on which the product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received. The right of withdrawal does not apply to custom or personalized products.
10.2 the consumer should return the products in the same condition in which he has received them and at his own expense. The consumer has a legal obligation to take reasonable care of the products whilst they are in his possession. If the consumer fails to comply with this obligation, the vendor may have a right of action against you for compensation.
10.3 in order to correctly return the products:
• the consumer should notify the vendor in writing within fourteen (14) calendar days, (beginning on the day he received the products (or for purchases of multiple products, the day on which you received the last product) by completing and submitting the online return form or by contacting us on our email address: firstname.lastname@example.org
• the products should not have been used, worn, washed or damaged;
• the identification tag should still be attached to the products with the disposable seal;
• the products should be returned in their original packaging;
• products should be returned to the vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel.
10.4 upon completing the requirements of par. 10.2 above, the consumer will receive a withdrawal confirmation email, containing the rma form to be included in the package, along with the instructions on how to return the product. The products should be sent within and no later than 14 days to: les culottes coquines , via in muntagna 50, 6528 camorino, swiss.
10.5 the vendor will refund the price of the product in full, excluding standard delivery costs, if any have been paid and excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses.
10.6 in case the consumer exercise the right of withdrawal and wishes to returns the products, the vendor will charge standard delivery costs to allow the return of the products.
10.7 the consumer is liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the product. To this purpose, it is highly recommended to refrain form handling the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the products plus further protective packaging that will keep them intact.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 the consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the website or relating to the products are and remain the exclusive property of les culottes coquines and/or its assignees, with no rights arising on the part of the consumer in relation to the same as a result of access to the website and/or purchase of the products.
11.2 unless prior specific consent is granted in writing by les culottes coquines, no contents of the website can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. PROTECTION OF CONSUMER PERSONAL DATA
12.1 in order to proceed with the registration process, place an order and sign this contract, the consumer is required to provide certain personal details. The consumer hereby acknowledges that the personal data provided will be recorded and used by the vendor in accordance with and subject to the provisions to process each purchase via the website and, upon granting his consent, for any other activities as illustrated in the specific informative note on the personal data protection code provided to the consumer by the website during the registration phase.
12.2 the consumer hereby declares and guarantees that the personal details provided during the registration and purchase process are truthful and accurate.
12.3 the consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the vendor via the “my account” section on the website, which can be accessed after logging in.
13.1 while the vendor takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the internet, the vendor does not guarantee that the information or data viewed by the consumer on the website, even after the consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.
13.2 when a payment is made by credit card the vendor shall rely on services provided by third parties which adopt technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. APPLICABLE LAW, SETTLEMENTS AND JURISDICTION
14.1 these general sales terms and conditions govern any sales contracts signed between the vendor and the consumer under these general sales conditions shall be governed and construed in accordance with the swiss laws in forces and, in particular, with legislative decree no. 206 dated september 6, 2005 of the consumer code, with specific reference made to the regulations concerning distance contracts, and by legislative decree no. 70 dated april 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to consumers by binding provisions in force in the consumer’s country of residence.
14.2 the assigned exclusive jurisdiction for all disputes arising in connection with the application or interpretation of these general terms and conditions of sale is the court of residence of the consumer if residing in swiss. In case the consumer does not reside in swiss, the exclusive jurisdiction is the court of lugano, swiss.
Products purchased on the www.lesculottescoquines.com website are normally delivered within 4 working days in swiss, and within 7 days for all other destinations.
Deliveries may incur slight delays during holiday periods and couriers do not deliver on public holidays or on weekends.
An extra working day, compared to the above terms, is required for orders paid for by credit card to allow for standard administration procedures.
Europe zone: Within 4 working days from confirming the order
Non-Europe zone: Within 7 working days from confirming the order
Information notice on the right of withdrawal and return of faulty and non-conforming goods – right of withdrawal
If you are a consumer, you are entitled to withdraw from the contract, without stating a reason or incurring a penalty, within 14 (fourteen) days from when you or any appointed third-parties (i) receive the product or (ii) if several products on one order are delivered separately, from the date the last product was received. According to the swiss consumer code, “consumer” shall mean any individual who is acting for purposes other than his or her trade, business or profession. Only consumers are permitted to place orders through les culottes coquines’s website.
To exercise a right of withdrawal, the consumer must notify les culottes coquines s.r.l., a company incorporated under italian laws, with registered office in via in muntagna 50, 6528 camorino, swiss, of his intentions by accessing the “my returns” page in the my account area or, if the same is not a registered users, by accessing the designated page and entering the order number and email address used to place the order. As an alternative, you can declare your intention to exercise the right of withdrawal by sending an email to shop@lesculottescoquines .com and using the withdrawal form enclosed.
After sending your request, you will receive a withdrawal confirmation email with the returned materials form that must be included in the packaging, and the instructions on how to ship the products. Remember to insert the completed rma form in the packaging together with the product and send it within and no later that 14 (fourteen) days after receiving the confirmation email to:
LES CULOTTES COQUINES SA
Via in muntagna 50, 6528 Camorino, Swiss
If you have received the product, please return it to les culottes coquines without undue delay and, in any event, within 30 (thirty) days from the day you sent the notice of your withdrawal. The deadline shall be met if you send back the goods before the period of 14 days has expired. You shall be responsible for the direct risks and costs of returning the goods, and providing proof of the same.
If you withdraw from this contract, we shall refund all payments received from you, excluding costs of delivery, without undue delay and in any event, not later than 14 (fourteen) days from the day on which les culottes coquines receives your decision to withdraw from this contract. Original shipping costs are non-refundable, and please note that we are unable to provide shipping labels or reimbursement for international returns.
Les culottes coquines will charge you for the shipping costs to return the products.
All refunds will be wired using the same means of payment you used for the initial transaction, unless you request the refund to be made using a different means of payment. In this case, you will be charged all additional costs incurred to refund the amount to the different means of payment you choose.
The right of withdrawal does not apply to custom or personalized products.
We may withhold the refund until we have received the returned goods or you have supplied evidence of having dispatched the goods, whichever is the earliest. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the customer (i) shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the product (ii) les culottes coquines can decide to not accept the return and send the item back to you at your own expenses. To this purpose, you are kindly requested not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the products plus further protective packaging that will keep them intact and protect them from writing or labels.
RETURN DUE TO DEFECT OR NONCONFORMITY
In addition to your statutory rights in relation to defective products, we offer the following contractual right in respect of defective products. In circumstances where you consider that the product does not conform with the contract at the time of delivery, you should promptly contact us via our web form with details of the product and its damage or by email at shop@lesculottescoquines .com . You should return the product to us at the address indicated on the ticket that you will receive with the product on delivery or later indicated by email. We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you to the credit card originally used by you to pay for your purchase. This clause does not affect your statutory rights.
REQUEST A RETURN
If you would like to request a return, please fill out the below form with your email address and order number. Once you have submitted your request, a return authorization will be given to you within 72 hours with return instructions. Please do not ship your return back without this authorization, as it will not be processed.