Terms and Conditions

Preamble

To meet customer expectations, Catherine Membré Studio (Atelier Catherine Membré) wished to establish a sales network remotely of electronically selected products (hereinafter referred to as "Products").

These terms and conditions (below referred to as "Terms") apply to all purchase orders for items offered for sale bearing the marks of Catherine Membré Studio (hereinafter referred to as "Atelier Catherine Membré") that a consumer (hereinafter also referred to as "You ") goes entirely online, with Atelier Catherine Membré (hereinafter also referred to as" We ") for products on the Website: www.catherinemembre. com, dedicated to this purpose (hereinafter called "the Website").

The Website dedicated to the products described in Article 3 of the Terms, is strictly for personal, noncommercial having the consumer quality who intend to acquire the products to satisfy their own personal needs, and not for resale, transform or use in any professional setting. Therefore, the Atelier Catherine Membré excludes any liability for resale, processing or professional use of the products.

These persons usually resident in the Territory defined below for a delivery to these customers for their own account or from any third party of their choice who also have their usual resident in the same territories and have the consumer quality.

However it is possible to deliver outside the Territory under the conditions described in section 9 of the Terms.

The territory includes the following countries: France, Germany, Belgium, Netherlands, Luxembourg, Italy, Spain, Austria, Denmark, Ireland, Portugal, Finland, Sweden and Norway.

Article 1

Acceptance of Terms

- Conditions are freely accessible on the Website by you before ordering one or more products.

- Once accepted by You, the conditions are binding between you and the Atelier Catherine Membré. It is therefore important that you read them carefully before ordering one or more products.

- No order of one or more products will be allowed without your prior acceptance of the Terms, which will be materialized acceptance, online, by clicking on the checked box for this purpose.

As such, you expressly agree that this click on this box checked properly report evidence of Your acceptance of the Terms.

If you refuse to accept the Terms, You cannot order any product.

All sales of items bearing the trademarks of the Atelier Catherine Membré through the Website is subject to these terms and conditions, which the client accepts. These are likely to be subject to changes and updates, the conditions applicable to the order of an article by a client are those in effect at the date of order.

Article 2

Company identification

Atelier Catherine Membré 

9, rue de la Voute
74290 Veyrier-du-Lac
FRANCE

Article 3

Information on the articles and Limitation of Liability

List of Products Atelier Catherine Membré, proposed as part of this distance selling, is searchable, with references on the Website: www.catherinemembre.com.

Atelier Catherine Membré reserves the right to submit on the Website any product of their choice and to withdraw at any time from the Website any Product which may have been initially presented.

You also have the opportunity to obtain all information about products on the Website by contacting the Customer Service from Atelier Catherine Membré as described in Article 13 of the Terms.

The Company shall not be held responsible for non-substantive errors that could affect the characteristics of items.

The photographs and other reproductions of items, however, are indicative and have no contractual value.

The Company shall not be liable for any difficulties or damage resulting from the use of the Internet such as service disruption or failure of client's connection to the Website.

Article 4

Conditions of the order of the Products

 4.1 - To place an order through the Website, You must have your residence in the Territory defined in the preamble, and have the legal capacity to hold a credit card (Visa - Eurocard - Mastercard). Orders will be accepted within the limits of available stocks. To this end, you are informed on the information page of the Website describing each product, the availability or otherwise of the Product.

Where explicitly specified on the information page of the Website describing a product, it is possible to pre-order this product. Pre-order is to order, that is to say to buy a product that is not yet available but whose publication is imminent. It will be mentioned on the Website the approximate waiting time before the Atelier Catherine Membré is able to send you the product. If Atelier Catherine Membré is for any reason whatsoever, unable to send you your pre-order in time that were previously listed on the Website, Atelier Catherine Membré will notify you by e-mail as soon as possible and give you several options, such as choosing another product, wait a little longer or get a refund of the  unavailable product and the shipping cost related to this product.

4.2 - It is recalled that when ordering, Atelier Catherine Membré is collecting personal data. These data are needed to process the order and may be disclosed in whole or part to contractors of the Atelier Catherine Membré involved strictly in the context of implementing the order. You are advised that these personal data are collected by the agency in charge of managing orders and regulations as well as the agency in charge of fighting against fraud credit card.

The absence of data transmission in connection with Your order will prevent the execution and analysis of your order.

In accordance with the Data Protection Act of 6 January 1978 You have a right to access, modify, correct, oppose and remove data concerning you (see Article 11 hereof)

4.3 - All orders placed online is subject, under the conditions of Article L. 122-1 of the Consumer Code, and the acceptance of the Atelier Catherine Membré, and will only be confirmed after your acceptance of these Conditions and, the authorisation from the bank collection by credit card.

In addition, the Atelier Catherine Membré will be entitled to refuse you any order in case of dispute over payment of a previous order not comply with these conditions of sale.

4.4 - The Atelier Catherine Membré reserves the right to cancel any orders for products (which your credit card has been charged or not) upon the occurrence of an error relating to prices or products available on the Website or if we determine that the product is no longer available. 

4.5 - If the Atelier Catherine Membré was coming, only under the circumstances set out in Article 4.3 of the Conditions, to cancel an order you've already made the payment, Atelier Catherine Membré you repay you the amount shortly after our cancellation, by credit to your bank account corresponding to the credit card used for payment of the Product.

4.6 - You must verify the information provided during your order and notify Us immediately any errors by sending an email to the following address: info@catherinemembre.com.
In the absence of any notification, the original order will only apply.

4.7 - If the Atelier Catherine Membré finds that the order does not meet these conditions, it will inform you as soon as possible by electronic mail. In the event to the customer to not proceed with the Atelier Catherine Membré the correction of erroneous elements or violation of these Terms, Atelier Catherine Membré reserves the right to simply cancel the order.

4.8 - In case of prolonged inactivity, during your connection, it is possible that the selection of products, chosen by this inactivity, is no longer guaranteed. You will be asked to return your product selection from the start.

Article 5

Order by Internet Website

Taking command on the Website is subject to strict compliance procedures implemented through a series of different screens indicating the steps the customer must meet to complete their purchase.

Article 6

Proof of the order

E-mails are valid between the parties as well as automatic recording systems used by the Website, including as to the nature and date of the order.

Article 7

Prices of items

The prices displayed on the Website are in Euros and include all taxes (VAT), excluding shipping costs. The prices charged are those prevailing at the date of order.

The prices are a function of the Product(s) that you have chosen.

The cost of delivery of the Products are not included in the price and you are charged extra for the amount indicated in the award of your order. The costs of transportation will be automatically displayed on the Website in the basket to validate the order by the customer.

Payment is by credit card or Paypal, when ordering.

To fight against Internet fraud, the control of the bank details and information on the credit card used shall, in line with the relevant banking institutions and agencies. Paypal will be responsible for storage and automatic processing of account information for each order, this contact information including credit card in a secure environment.

The Workshop Membré Catherine reserves the right to modify at any time, the prices displayed on the Website. This amendment shall not apply to commands that are running, and already past due and paid.

In accordance with the provisions of Article L.121-19 of the Consumer Code, you will receive your order confirmation email. The bill, with details of the price paid for the Product, and, upon delivery, for each article, written confirmation of the price paid and shipping costs charged to it

Article 8

Payment Terms

Your payment of purchases using:

• PAYPAL, and all network adapters CB, Visa, Eurocard, Mastercard and other credit cards accepted through Paypal according to the country of purchase. Cards issued by banks outside of France must be international bank cards. In this context, You agree to make payment via credit card which You are personally holder, bearing the words of your identity (name).

The online boutique Atelier Catherine Membré uses the Paypal payment system, secure online payment deemed that encrypt data and payment information.

The online boutique Atelier Catherine Membré retains no credit card number. 

In communicating his credit card number and / or his bank details, the customer agrees in advance and without condition that the Atelier Catherine Membré proceed with the secure transaction. The client authorizes in advance his bank to debit its account at the sight of the records or statements submitted by Atelier Catherine Membré, even in the absence of bills signed by the hand of the card holder.
 
The authorization to debit the customer's account is always given for the Amount of the item(s) purchased as charged by Atelier Catherine Membré. The customer's credit card is charged within six (6) days: after the click on the Website by the customer on the "Confirm" button, after checking the satisfaction of his order to the general terms and conditions of sale, the availability of the item(s) and this, even in case of temporary unavailability accepted by the customer and before the shipment of the item(s) by Atelier Catherine Membré.
 
In the event that, for any reason whatsoever (opposition, refusal of the emitting center ...), the flow of money owed by the customer proves impossible, the order will not be registered by Atelier Catherine Membré.

Article 9

Shipping

The goods can only occur after receipt of payment for the order, to the delivery address specified by the clien, within the time specified when ordering. Delivery is made against the client's signature.

INFORMATION TO BE PROVIDED

The customer must ensure to submit full and accurate information concerning the delivery address (such as No. of streets, buildings, stairs, access codes, names and / or numbers intercom etc).

Once the order is confirmed, it will not be possible for the client to change the delivery address.

Any unsuccessful delivery from the delivery man (wrong address, no door code, no stairs number, wrong name on the intercom, etc. ) will be an additional delay of order processing and redelivery.
After the return, the Customer Service from Atelier Catherine Membré will liaise with the client and inform the cost of return postage will be borne to the client.

TERRITORY AND DEADLINES

Deliveries will be made within the European Union.

The delivery time is:
- Paris, Province, 4 to 6 working days from receipt of the payment
- EEC outside Switzerland, 6 to 10 business days from receipt of the payment

However, if a delivery is requested outside the Territory, Atelier Catherine Membré could agree to deliver the goods but the customer must bear all the potential customs duties, taxes and other official charges as well as the costs of customs formalities payable upon import of products in the country where delivery is requested.

For deliveries to Switzerland and Norway, the customer will pay customs duty and import VAT in the country of delivery receipt.

Outside the Territory, it is recalled that the delivery may be delayed until the customs formalities and charges have not been paid by the client, which he accepts.

For customization, the customer will be informed personally by email, the delivery time. This is directly related to the degree of change to be made on the base article.

SHIPPING COST

The client has to pay for the shipping cost. The shipping cost is added to the price of the item(s) bought.

Delivery is guaranteed by Colissimo from the French Post. A signature will be required upon delivery of any package.

The costs of delivery of ordered products are based on weight of items that make up the order. This amount will be indicated on the Site, to the client before accepting the order.

- Pursuant to Article L. 121-20-3 of the Consumer Code, the delivery time shall not exceed fifteen (15) days from the day following that on which you have sent us your order, except for pre orders, where you agree for the waiting time as explicitly stated on the Website during your purchase.

- In case of late delivery, not due to force majeure as defined in Article 10 of the Conditions, and exceeding seven (7) days compared to the fifteen (15) days listed above, you will have a period of sixty (60) working days after the fifteen (15) days listed above to cancel your order without charge and to obtain a refund of the price paid by sending an email, indicating your name and your number command, to the following address: info@catherinemembre.com.

If, upon delivery, the exterior of the package is not perfect, you proceed with its opening in the presence of the carrier to check the status of the Product. In case of damages to the Products, You specifically detail them on the delivery order, the provisions of Article 9 of the remaining conditions also apply.

Article 10

Intellectual Property Rights

The site remains the sole property of Atelier Catherine Membré, which created and posted web pages, images and scripts sources, the data component. You may not accordingly to distribute or reproduce or link to the Site, in whole or in part in any form whatsoever without written agreement of the Atelier Catherine Membré.

The trademark "Catherine Membré" and all figurative or not, and generally all other trademarks, artwork, images and logos appearing on the Products Atelier Catherine Membré, their accessories or their packaging, whether registered or not, are and remain the exclusive property of the Atelier Catherine Membré or their respective owners.

Reproduction in whole or in part, modification or use of these marks, illustrations, images and logos for any reason and by any medium whatsoever, without prior express consent of the Atelier Catherine Membré, is strictly prohibited.

The same rules apply to any combination or conjunction with any other mark, symbol, logo, and more generally any distinctive sign intended to form a composite logo. It will be the same for all copyrights, designs, patents are the property of the Atelier Catherine Membré.

Article 11

Right of withdrawal and return of items

11.1 REIMBURSEMENT

In accordance with Articles L.121-20 and seq. from the Rules of consumption, the customer has a right of withdrawal that he can exercise without having to give reasons, within seven (7) days after receiving the items.

In this context, it has the option to return the goods delivered within this period in their original packaging, in perfect condition, complete (accessories, manuals, warranty...) and accompanied by copies of documents attached to its command, at the address given on this form.

It is up to the client to get a proof of this return, which implies that the items should be returned by registered mail, or by any other means giving a certain date, the costs and risks of return at the customer's expense.

We reserve the right to refuse returns late or returned items that do not exhibit the above-mentioned conditions. We will proceed with the refund of the article(s) after receiving the item(s).

11.2 EXCHANGE

Exchanges are allowed within the limits of available stocks only for the same model in a different color and an equivalent amount or in the case of non-compliance of the product of our making. In the case of an exchange, the shipping cost of the second shipment is offered by Atelier Catherine Membré.

As for refunds, items returned incomplete, damaged, soiled or damaged by the customer will not be refunded.

11.3 THE PROCEDURE

What you should do:
- Let us know by contacting customer service at the following address: info@catherinemembre.com
- Specify the following information:
• Name, Surname, Address
• Order Number
• Reference of the item(s) you want to return
• Reason for return
- Please specify if you would like a refund or exchange (in the case of an exchange, let us know what item you want to replace the one returned)
- Please enclose imperatively a copy of the delivery to your return
- Contact the provider of your choice to arrange for the removal of your package
- Keep the receipt as proof of shipment

What we do on receipt of your articles:
- We verify the compliance of the returned item(s) (item that is new, unworn, in its original packaging with labels)
- We will refund the invoiced price of the returned items on the credit card or Paypal account used for payment to settle the order.
- The repayment period depends on the institution that issued the payment.

The customer will also have the opportunity to contact customer service via e-mail:
info@catherinemembre.com for additional information.

Article 12

Compliance and Warranty

12.1 - You must ensure that the product(s) that have been delivered to You correspond with your order. You will need to inform, as soon as possible (7 days) the Atelier Catherine Membré by email sent to info@catherinemembre.com any non-compliance of the product(s) with your order and, and after the agreement of the Atelier Catherine Membré, you must return those products in their original packaging, in perfect condition, complete (accessories, manuals, warranties, etc.) accompanied by a copy of the delivery.

If the Atelier Catherine Membré, for any reason, cannot exchange the returned Product, the refund of the invoiced price of the returned products that do not comply will be made, by crediting your bank account, not later than thirty days following receipt by the Workshop Catherine Membré , returned items, including shipping.

It is your responsibility to spare you the proof of the return of the Product.

12.2 - Notwithstanding the specific warranty terms that you are awarded with the delivered  Products, especially when the product is a bag, the Products are subject to statutory conditions of warranty.

Reminder of Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and sections 1641 and 1648, first paragraph, the Civil Code:

- Article L.211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and liable for defects of conformity which exists on the issue. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or when carried out under his responsibility. "

- Article L.211-5 of the Consumer Code: "To comply with the contract, the product must:
1 ° Be suitable for the purpose usually of a similar property and, where applicable:
- Match the description given by the seller and possess the qualities that has presented to the buyer as a sample or model;


- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter has accepted. "

- Article L.211-12 of the Consumer code: "Legal action based on lack of conformity within two years from delivery of the goods."

- Section 1641 of the Civil Code: "The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or that decrease this use that the buyer does the have not gained, or would have a lower price if he had known. "

- Section 1648 of the Civil Code, first paragraph: "The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect."

Article 13

Customer Service

13.1 - For any information, complaint or question relating to mail order introduced by Atelier Catherine Membré or relating to products themselves, you should contact the Customer Service at Atelier Catherine Membré.

13.2 - The Atelier Catherine Membré allows you to access this service by email at the following address: info@catherinemembre.com

There you will be answered Monday through Friday from 10am to 13h and 14h to 18h, except holidays.

13.3 - Access e-mail service is free, except for costs that you may have to pay to your ISP or your operator connections.

13.4 - In order to process your requests more quickly, we will ask you to indicate, as appropriate, your name, and your order number or your invoice reference.

The Customer Service at Atelier Catherine Membré undertakes to answer you as soon as possible. However, you are warned that, partly because of delays in receiving e-mail that could happen in the use of this mode of communication, response times are expected. In addition, for reasons of maintenance, access to service may be temporarily interrupted.

13.5 - You are advised that no information, no advice or help of any kind whatsoever to resolve any problem related to items or events external to the Products, will not be issued to you by the Customer Relations Department of the Atelier Catherine Membré.

Article 14

Force Majeure

14.1 - The execution, by Atelier Catherine Membré of all or part of its obligations will be suspended upon the occurrence of a fortuitous event or force majeure that would impede or delay the execution.

Are considered as such, including, but not limited to, war, riots, insurrection, civil unrest, strikes and all kinds of supply problems of the Atelier Catherine Membré, and any other event of force majeure or fortuitous event, under the provisions of section 1148 of the Civil Code, and as defined by the French courts.

14.2 - The Atelier Catherine Membré inform you by email of such a fortuitous event or force majeure within seven days of its occurrence.

In the event that suspension would continue beyond a period of fifteen days, you will have the option to cancel your current order.

It will then be repaid in full amounts paid by credit to your bank account corresponding to the credit card used for payment of the Product.

Article 15

Privacy Policy

15.1 - The Atelier Catherine Membré inform you that all personal information that identifies you or that you provide on the Website are subject to a computerized treatment declared to the Commission Nationale Informatique et Libertés (CNIL).

15.2 - Under Law No. 78-17 of 6 January 1978, you may exercise your rights of access (Article 39 of the Act), rectification (Article 40 of the Act) and opposition (section 38 of law) to such information by sending to the Customer Service of the Atelier Catherine Membré as described in Article 13 of the Conditions, an email to the following address: info@catherinemembre.com

15.3 - Depending on the choices made by you when you complete an order form specifying certain required fields, as described in Article 4.1 of the Terms, you can choose to receive offers from Atelier Catherine Membré, or be informed of specific information via your email address.

If you no longer wish to receive these offers and information, you can apply at any time either by clicking the electronic link available for this purpose on each email you expressing such offers and information, either directly by making request by email to the Customer Service of the Atelier Catherine Membré as described in Article 13 of the Terms, to the following address: info@catherinemembre.com

Article 16

Secure Transactions

The site uses SSL technology for secure transactions to ensure confidentiality of data exchanged.

Article 17

Probative value

By accepting these Terms, you consider that electronic communications that you use with Atelier Catherine Membré, to order a Product, have probative value equivalent to that of written documents.

Article 18

No waiver

The fact that the Atelier Catherine Membré refrain from requiring at a particular time the execution of one of the provision of these terms and conditions cannot be interpreted as a waiver to be invocated later for the total or partial inexecution of the claim.

Le fait que l’Atelier Catherine Membré s’abstienne d’exiger à un moment donné l’exécution de l’une quelconque des dispositions des présentes conditions générales de vente ne peut être interprété comme valant renonciation à invoquer ultérieurement ladite inexécution totale ou partielle.

Article 19

Validity of the general conditions of sale

If any provision of these Terms is declared invalid in whole or part, other provisions and other rights and obligations under these Terms will remain unchanged and will remain applicable.

Article 20

Governing Law and Jurisdiction

These Terms are governed by French law.
Any dispute arising under these terms is the exclusive jurisdiction of French courts.

Date Reviewed: May 1, 2012