General Conditions of Sale

These conditions of sale are concluded on the one hand by the company EURL MODE ET CAFTAN with a capital of 7500 euros whose registered office is 11 rue Louise Colet - Centre d'affaires Galice Mirabeau Bât C 13090 Aix en Provence, registered in the trade and companies register of AIX EN PROVENCE under number 53441345500047 hereinafter referred to as "EURL MODE ET CAFTAN" and on the other hand, by any natural or legal person wishing to make a purchase via the website www.mode-et-caftan.com hereinafter referred to as "the buyer".

Any order placed for a product listed in the online store at www.mode-et-caftan.com requires prior consultation and acceptance of these general terms and conditions of sale. Clicking to confirm your order implies full acceptance of these terms and conditions. This click serves as a "digital signature."

Art - 1 Object

These conditions of sale aim to define the contractual relations between EURL MODE ET CAFTAN and the buyer as well as the conditions applicable to any purchase made through the merchant site www.mode-et-caftan.com , whether the buyer is a professional or a consumer.

The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale.

These conditions of sale will prevail over any other general or specific conditions not expressly agreed to by www.mode-et-caftan.com .

EURL MODE ET CAFTAN reserves the right to modify its terms of sale at any time. In this case, the applicable conditions will be those in effect on the date the buyer places the order.

Art - 2 Characteristics of the goods and services offered

The products and services offered are those listed in the catalog published on the website www.mode-et-caftan.com.

These products and services are offered while stocks last.

Each product is accompanied by a description established by the supplier.

The photographs in the catalog are as faithful as possible but cannot guarantee perfect similarity with the product offered, particularly with regard to colors.

If an error should appear in the description of a product, the company www.mode-et-caftan.com undertakes to rectify it immediately after being informed and/or having become aware of this error. Consequently, the company MODE ET CAFTAN could not be held liable for the error in the description of a product which would be immediately corrected after being informed.

Every effort has been made to ensure the accuracy of the information presented on the website www.mode-et-caftan.com. However, suppliers are not responsible for any consequences, incidents, or special damages resulting from electronic transmissions or the accuracy of the information.

Product and manufacturer names and brands are used for identification purposes only. Product photos, descriptions, and prices are not binding.

The essential characteristics of the goods and services offered are presented on the website www.mode-et-caftan.com

Consequently, www.mode-et-caftan.com cannot be held responsible for any errors that may have been introduced.

Some of the products we offer on our site are subject to change due to the unavailability of certain fabrics, trimmings and lace.

Likewise, since these are handcrafted items, there may be differences between the photo and the product you receive. For example, you may see a color difference depending on your monitor.

Art - 3 Product Warranty

The consumer is under the protection of French legislation.

All products supplied by the seller benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code.

In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All complaints, requests for exchange or refund must be made by post to the following address:

FASHION AND CAFTAN - 11 RUE LOUISE COLET - GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE within 14 days of the delivery date.

Your product is guaranteed and can only be returned for a manufacturing defect. Each product is checked before shipping.

For personalized products, modifications, such as (addition of train, sleeves, different neckline, straps, closure, color, and any modifications of the model offered for sale) no exchange will be accepted.

Likewise, for sale or custom-made items, no exchanges will be accepted or refunds will be given.

Customization of models: in the case of a personalized model, requested by the customer, you agree to accept the model that will be delivered to you without restriction of shape or colors, because it remains an artisanal creation.
No exchange or refund will be made, you take the risk that the personalized model does not correspond exactly to the requested product unless agreed by www.mode-et-caftan.com without any commitment on its part.
Items may appear more or less light in the photos on the website www.mode-et-caftan.com compared to the actual color of the product received. This is partly explained by the difference in color reproduction and settings from one monitor to another, as well as the shooting more or less lit by the camera flash. The photographs are not part of the contractual scope. The company www.mode-et-caftan.com cannot be held responsible for any error in one of these photographs or one of these texts.

Art - 4 Rates

The prices listed in the catalog are inclusive of VAT in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services.

www.mode-et-caftan.com reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.

Prices shown do not include order processing and delivery charges unless otherwise stated.

Art - 5 Orders

The buyer, who wishes to purchase a product or service, must:

- complete the identification form on which he will indicate all the requested contact details.

- complete the online order form, providing all the references of the products or services chosen

- validate your order after having checked it;

- make the payment under the conditions provided

- confirm your order and payment.

Confirmation of the order entails acceptance of these conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one's own conditions of purchase or other conditions.

All data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will constitute signature and acceptance of the operations carried out.

The seller will communicate by email confirmation of the registered order.

Upon receipt of your order, we check the availability of the product(s). In the event of unavailability, we undertake, within 30 days following your payment being received and validated, either to deliver the product ordered or to offer you a similar product at a similar price. You can, upon simple request to our Customer Service, request the cancellation of your order and its reimbursement, by simple letter (however, for greater security, we advise you to proceed by letter with acknowledgment of receipt) to the following address:

FASHION AND CAFTAN - 11 RUE LOUISE COLET - GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE.

Art - 6 Delivery method

Products are delivered to the address indicated by the consumer on the order form and only to the geographical areas we serve. For FRANCE, delivery costs are indicated, depending on the amount of your order and the geographical areas of delivery.

For other countries, you only pay a flat rate delivery fee depending on your geographical area, Europe, Maghreb, Switzerland regardless of the amount of your order.

You will be delivered by the carrier "La Poste" via national or international Colissimo. Delivery times will be indicated to you when you place your order.

The products leave our premises in perfect condition. The customer must report to the carrier (or postman) the slightest trace of impact (holes, traces of crushing, etc.) on the package, and if necessary, refuse the package. A new, identical product will then be sent to you free of charge.

If you benefit from a promotional offer for shipping costs, these are only valid in the event of an actual sale. Mode & Caftan reserves the right to withhold delivery costs and accessories related to the shipment of the package if the sale is canceled by the customer.

Art - 7 delivery times

Our delivery times can vary from 48 hours to 45 days depending on product availability.

In case of urgent requests outside these deadlines, we will do our best to ensure that you are on time, but you take the risk that your item will be delivered to you late, which in this case, would not engage the responsibility of www.mode-et-caftan.com and would not constitute in any case a reason for cancellation of the order if it is made to measure. The standards having the principle of always being taken back.

Art - 8 Non-Conformity of Delivery

When receiving your package, you must check that the goods delivered are correct at the time of delivery and before signing the carrier's delivery slip.

You must indicate on the delivery slip in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (damaged product). This verification is considered to have been carried out as soon as the buyer, or a person authorized by them, has signed the delivery slip.
You must also report any anomalies by registered letter and confirm your reservations to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to:

FASHION AND CAFTAN - 11 RUE LOUISE COLET - GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE.

Art - 9 Delivery problem due to the carrier

If at the time of delivery, the original packaging is damaged, torn, open, you must then check the condition of the items. If they are damaged, you must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). Any anomaly concerning the delivery (damage, product missing compared to the delivery slip, damaged package, broken products, etc.) must be indicated on the delivery slip in the form of "handwritten reservations", accompanied by the customer's signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within two working days following the delivery date, setting out the said complaints.
The consumer must send a copy of this letter to:

FASHION AND CAFTAN - 11 RUE LOUISE COLET GALICE MIRABEAU BUSINESS CENTER 13090 AIX EN PROVENCE

Without this observation, we will not proceed with any exchange.

We decline all responsibility for any delays in delivery times caused by the carrier, particularly in the event of loss of products, bad weather or a total or partial strike of postal, transport/communication services.

With regard to professional purchases, www.mode-et-caftan.com will not be held liable for any indirect damages resulting from this, loss of business, loss of profit, damages or costs, which may arise on this occasion.

Art - 10 Delivery Errors

The consumer must make any claim for delivery errors and/or non-conformity of the products in nature or quality with respect to the information on the order form to www.mode-et-caftan.com on the same day as delivery or at the latest on the first working day following delivery. Beyond this deadline, any claim will be rejected. The formulation of this claim to www.mode-et-caftan.com can be made to our address. Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release www.mode-et-caftan.com from any liability towards the consumer.

In the event of a delivery that is not intended for him, the customer is required to keep the package(s) in the state and to immediately inform the Customer Service of www.mode-et-caftan.com which will request to return it by colissimo with insurance, the costs of returning the package will be taken into account by www.mode-et-caftan.com which will send you a refund within a maximum of 15 days following receipt of the package.

Art - 11 Withdrawal

In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the products to exercise his right of withdrawal, without having to provide reasons or pay penalties, with the exception of the return and resale costs of 24 euros, by completing the standard withdrawal document sent to him by email after his request.

For standard size items, your product will be exchanged or refunded according to your choice.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, worn, smells of perfume or other particular odors, or whose original packaging has been damaged, will not be accepted for return or exchange.

Mode et Caftan reserves the right to refuse a return if it deems that these conditions have not been met.

Art – 12 Exception to the right of withdrawal

This right does not apply to products manufactured or customized for the customer.

Enter the following items in this field:

- Items over size 42/44 and under size 34/36 with length modification or other customization.

-Custom-made items made or personalized for the customer.
-Items made to MEASURE and where the customer made a mistake in their measurements.
-Modified and personalized items: addition of train, addition of sleeves, modification of colors, shortening of sleeves, modification of neckline

- Items worn or altered.

- Items with a strong perfume odor, cigarette odor, or other unpleasant odor due to failure to preserve and protect the item in the packaging, for example.

- Items damaged by poor maintenance or improper washing by the customer

Art - 13 Payment 

The price is due upon ordering.

Payments will be made by credit card, they will be made through the secure system that uses the SSL ( Secure Socket Layer ) protocol so that the information transmitted is encrypted by software and no third party can read it during transport over the network.

They can also be made by check, transfer or cash order according to the financial conditions defined on the site.

Art - 14 Responsibility

The seller, in the online sales process, is only bound by an obligation of means, and cannot be held liable for damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, interruption of service, or other involuntary problems.

The choice and purchase of a product or service are the sole responsibility of the customer.
www.mode-et-caftan.com's liability will be limited to the amount of the order. It cannot be held liable for any direct or indirect damages or loss of revenue, arising in any way whatsoever, even if the possibility of such damage existed at the time of purchase of the product.

www.mode-et-caftan.com specifies that pursuant to Article 1124 of the Civil Code, unemancipated minors are incapable of entering into contracts. Therefore, orders for minors must be placed through parental authority.

In the event of accidental collection of personal data relating to a minor, the authority has the power to oppose their retention and/or transmission to third parties.

Sales, deliveries, payments, refunds, and all activity on this site remain the responsibility of www.mode-et-caftan.com. In the event of non-delivery of an order or part of an order, you have a maximum of 40 days (from the date of departure from our premises) to notify us. Beyond this period, we will not accept any claims.

Art – 15 Force majeure

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by an unforeseeable event of force majeure.

Any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered a case of force majeure.

The party affected by such circumstances shall notify the other within ten working days of becoming aware of them. The two parties shall then come together within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts for more than one month, these general conditions may be terminated by the injured party.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport, earthquakes, fires, strikes, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Art - 16 Modifications to the General Conditions of Sale

Given possible developments to the website www.mode-et-caftan.com, we reserve the right to adapt or modify these general terms and conditions of sale at any time.

Art – 17 Intellectual Property

All elements of the site www.mode-et-caftan.com are and remain the intellectual and exclusive property of www.mode-et-caftan.com.

No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio.

Any simple or hypertext link is strictly prohibited without the express written consent of www.mode-et-caftan.com.

Art – 18 Protection of personal data

In accordance with the law relating to information technology, files and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing.

www.mode-et-caftan.com reserves the right to collect information about buyers, including through the use of cookies.

Buyers may object to the disclosure of their contact information by notifying www.mode-et-caftan.com. Similarly, users have the right to access and rectify their personal data, in accordance with the law of January 6, 1978.

Art – 19 Archiving – Proof

www.mode-et-caftan.com will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.

The computerized records of www.mode-et-caftan.com will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Art – 20 Settlement of disputes

The sale of the Products is subject to French law. However, the choice of French law cannot deprive the consumer Customer residing outside France of the application of the mandatory and consumer protection provisions provided for by the law of the country in which the Customer has his habitual residence, provided that Mode & Caftan carries out its activity or directs its activity towards this country.

In the event of a dispute arising from an Order or a sale, the Customer may submit their request to modeetcaftan@gmail.com . In the event of a complaint not resolved amicably by Customer Service and for a period of one (1) year, the Customer may use the CM2C mediation service free of charge, to which Mode & Caftan is a member, electronically at cm2c@cm2c.net or by post: CM2C – 49, rue de Ponthieu in Paris (75008) or on their website https://www.cm2c.net/ , in accordance with Article L. 612-1 of the Consumer Code. The Ombudsman Service may be contacted for any consumer dispute for which an amicable settlement has not been successful.

The Customer may also contact the dispute resolution platform set up online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ , in particular in the event of a cross-border dispute.

In addition, the Customer always has the option of taking legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Aix-en-Provence Court of Appeal, or, when the Customer is a consumer, to any legally competent court.