These general terms and conditions of sale are agreed between:
Capitales (31EME SIECLE company)
13 Rue du Ségala, 81380 Lescure-d'Albigeois
France
hereinafter referred to as the "Supplier"
and
the customer designated in § 1 of the contract
- 1 Scope, definitions
(1) The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the Supplier of the online store (hereinafter "Supplier") and the Customer (hereinafter "Customer" or "you"). Any deviating terms and conditions of the Customer shall not be recognized unless the Supplier specifically agrees to their validity.
(2) A consumer is any natural person who enters into a legal transaction for a purpose that is not attributable to their commercial or independent professional activities. In contrast, an entrepreneur is a natural or legal person, or a legally authorized partnership, who acts in the exercise of their commercial or independent professional activity when entering into legal transactions. A legally authorized partnership is a partnership that has the capacity to acquire rights and enter into obligations.
- 2 Conclusion of the contract, confirmations, and mandatory information
(1) On the website www.kapitales.fr, the Supplier offers customizable items (clothing and accessories) that can be printed with designs or text chosen by the Customer (hereinafter "products").
(2) The Customer may select products from the Supplier's range and add them to their shopping cart by clicking on the "Add to cart" button. By clicking on the "Submit order" button, they confirm a binding purchase request for the goods contained in the shopping cart. Before submitting the order, the Customer may modify and view the data at any time.
(3) The Supplier will immediately review the order information provided. After this review, the contract comes into effect upon delivery of the Supplier's declaration of acceptance, sent by email to the email address provided by the customer, specifying the Customer's order and all other details of the contract concluded. The Customer can print this declaration using the "Print" function. This email also confirms receipt of the order.
(4) If the Customer chooses the PayPal payment option, the Supplier will forward the order information to the payment service provider (PayPal (Europe) S.à r.l. et Cie, SCA in Luxembourg), which will carry out a verification. The payment service provider will then collect the amount payable on behalf of the Supplier, communicate the order details, and inform the Supplier that the payment has been made. After this verification, the contract comes into effect upon delivery of the declaration of acceptance by the Supplier, sent by email to the email address provided by the Customer, specifying the Customer's order and all other content of the contract concluded. The Customer can print this declaration using the "Print" function. This email also confirms receipt of the order.
(5) As soon as the Supplier receives the payment amount after conclusion of the contract, it will send the customer a confirmation email. In addition, the Supplier will inform the customer by email as soon as it hands over the ordered goods to the shipping service provider.
(6) The Supplier reserves the right to adapt the visual ordered by the Customer so that it best corresponds to the spirit of the brand and the graphic and/or technical criteria of the various concepts proposed.
- 3 Delivery, availability of goods
(1) If the Customer orders an item designated according to its category, in particular with regard to nature, color, weight, dimensions, or design, the Supplier shall deliver an item of the same type and quality.
(2) If, at the time of ordering, no copies of the product selected by the Customer are available, the Supplier shall immediately inform the Customer of this in the order confirmation. If the product is unavailable for an indefinite period, the Supplier shall not send a declaration of acceptance. In this case, no contract shall come into effect.
(3) If the product specified by the Customer in the order is temporarily unavailable, the Supplier shall immediately inform the Customer of this in the order confirmation. In the event of a delay in delivery, the Customer is entitled to terminate the contract.
(4) Shipment is made after payment has been received and the product has been manufactured. The customer may request a higher priority for their order, which may incur an additional charge (express delivery). In this case, the order will be processed on the same day as a priority over other orders received.
(5) Unless otherwise specified during the ordering process, the delivery time is generally 5-10 business days, including 3-4 business days reserved for the production and/or printing of the textile. The remaining 2 to 6 business days are allocated to the expected postal delivery times. For large quantities or in the case of complex production processes, the production time will be extended accordingly. The Supplier notes that it delivers the goods by mail and therefore has no influence on delivery times. Exceptions apply to orders placed before holidays and public holidays (e.g., Mother's Day, Father's Day, Christmas), for which delivery times can be up to 10-15 business days.
- 4 Retention of title
(1) Until full payment has been made, the delivered goods remain the property of the Supplier. In addition, if the Customer is a merchant, paragraphs 2 to 4 below also apply.
(2) Until all present and future claims (including all account sales) of the Supplier against the Customer have been settled, the delivered goods remain the property of the Supplier. In the event of a breach of contract by the Customer, in particular if the Customer is in default of payment, the Supplier shall be entitled to take back the goods subject to retention of title after allowing the Customer a reasonable period of time to fulfill its obligations. Any taking back of the goods subject to retention of title by the Supplier shall constitute a termination of the contract. The transport costs necessary for such a return shall be borne by the Customer. The contract shall also be deemed terminated if the Supplier seizes the goods subject to retention of title. The goods subject to retention of title taken back by the Supplier may be resold or reused.
(3) The Customer must treat the goods subject to retention of title with the utmost care. He must insure them at his own expense against damage due to theft, fire, and water, for an amount sufficient to cover their value in new condition.
(4) In the event of seizure of the goods subject to retention of title by third parties or other interventions by third parties, the Customer must indicate the Supplier's ownership and must immediately inform the Supplier in writing so that the Supplier can exercise its ownership rights. If the third party is unable to reimburse the related judicial or extrajudicial costs, the Customer shall be liable for them.
- 5 Delivery restrictions, prices, and shipping costs
(1) Deliveries are made exclusively to the following countries:
France (including overseas departments and territories), Europe, United Kingdom, United States. Other countries will be available soon.
A delivery restriction applies to all other countries, i.e., the Supplier does not deliver goods there. In the event of a delivery restriction for their place of residence, if the Customer wishes to conclude a sales contract with the Supplier, they are obliged to collect the goods from the Supplier's headquarters.
(2) The prices charged are those valid at the time of ordering. All price information includes the applicable statutory VAT. In the case of a limited offer, the Supplier will indicate the duration of the offer in the online store.
(3) For orders of goods to be shipped to Germany, Austria, France, the Czech Republic, and Slovakia, VAT is set by the competent authority in the country of destination. The Supplier shall therefore indicate prices including VAT applicable in the country of destination. For deliveries to other EU countries, VAT is set by the French tax authorities. The Supplier therefore indicates the respective VAT applicable for the French Republic.
(4) Since customs fees cannot be reasonably calculated in advance, the Customer is informed that this is by nature an order subject to customs duties. In accordance with customs laws, the customer is obliged to carry out or have carried out the proper customs clearance of the goods after they have crossed the border into the destination country.
(5) The corresponding shipping costs are indicated to the Customer in the order form and must be paid by the Customer. For deliveries to mainland France and Corsica, a flat-rate shipping and packaging fee of EUR 6.95 (or EUR 5.95 for pick-up points) per order is applied, depending on the number of packages or the dimensions and weight of the shipment.
Shipping costs for deliveries in Belgium are based on a flat rate for Europe of EUR 12.95 per order, depending on the number of packages or the dimensions and weight of the shipment.
(6) Goods are shipped by mail. When the Customer is a consumer, the risk associated with shipping is borne by the Supplier.
- 6 Payment terms
(1) If the Customer's domicile and/or registered office is located within the country, the Customer may make payment by:
, and PayPal credit cards
(2) Customers located abroad have the option of paying by:
Credit card or PayPal
.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. However, if the Customer chooses to pay via PayPal, they may proceed with payment as soon as they place their order. If the payment deadline is set according to the calendar, the Customer is in default of payment as soon as this date is exceeded.
In the event of late payment, the Customer shall be liable for interest at the legal rate.
- 7 Legal warranties
(1) Products sold on the Supplier's website are covered by the legal guarantee of conformity (Article L.217-4 et seq. of the Consumer Code).
Any lack of conformity which becomes apparent within twenty-four (24) months of delivery of the goods shall be presumed to have existed at the time of delivery unless proven otherwise.
The Supplier shall refund the Customer or exchange the product that does not correspond to the order placed.
(2) Products sold on the Supplier's website are covered by a warranty against hidden defects (Articles 1641 et seq. of the Civil Code).
You must exercise the legal warranty against hidden defects within two (2) years of discovering the defect.
The Customer may return the product and receive a refund, or keep the product and receive a partial refund.
- 8 Liability
(1) Any claims for damages by the Customer are excluded, with the exception of claims for damages by the Customer resulting from injury to life, limb, or health, or from the breach of essential contractual obligations (known as cardinal obligations), as well as liability for other damages resulting from intentional misconduct or gross negligence on the part of the Supplier, its legal representatives or its vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In this case, this concerns, for example, the delivery of goods free of defects.
(2) In the event of a breach of the essential obligations of the contract, the Supplier shall only be liable for foreseeable damages specific to the contract, where these are the result of simple negligence, unless the Customer's claim relates to damages resulting from injury to life, limb, or health.
(3) The Customer expressly warrants that they are authorized to publish the texts and designs, as well as to reproduce them.
The Customer undertakes not to communicate any material or text that infringes intellectual property rights (e.g., copyright and trademarks) or existing laws, morality, or public order.
Furthermore, the Supplier reserves the right to subject racist, political, or discriminatory content or text to specific review and to reject the product order accordingly.
The customer is solely responsible for the designs and texts they choose and undertakes to indemnify the Supplier in the event of legal action taken by a third party.
(4) The Supplier shall not be held liable for any typing, spelling, or grammatical errors in the texts provided by the Customer.
(5) The restrictions in paragraphs 1, 2, 3, and 4 shall also apply to the Supplier's legal representatives and agents, when claims are made directly against them.
- 9 Right of withdrawal for distance selling contracts
(1) In the case of a distance sales contract, the following paragraphs apply if the Customer is a consumer.
(2) Distance selling contracts are contracts for which the Supplier or a person acting on its behalf or on its orders and the consumer exclusively use means of distance communication for the negotiations and conclusion of the contract, unless the conclusion of the contract takes place within the framework of a distribution or service provision system designed for distance selling.
(3) Right of withdrawal
Pursuant to Article L.221-8 of the Consumer Code, you have fourteen (14) days to exercise your right of withdrawal from the date of receipt of the goods.
(4) Consequences of withdrawal
Withdrawal constitutes termination of the contract, and we must refund you immediately and no later than fourteen days from the date on which we received notification of your withdrawal, all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery we offer). For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not incur any fees as a result of this refund. We may refuse to refund until we have received the returned goods or until you have provided us with proof that you have returned the goods (whichever is earlier).
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notified us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. We will bear the cost of returning the goods. You must bear any loss in value of the goods if this loss in value is attributable to handling other than that necessary to ascertain the nature, quality, and functioning of the goods.
Model withdrawal form
I/we (*) hereby inform you (*) of my/our (*) withdrawal from the contract for the purchase of the following goods (*)/the provision of the following service (*)
Order number
——————-
Ordered on ()/ received on ()
–.–.—- / –.–.—-
Name of consumer(s)
——————————————
Address of the consumer(s)
——————————————
——————————————
——————————————
Signature of consumer(s)
——————————————
Date:
–.–.—-
If you wish to exercise your right of withdrawal, please complete this form and return it to us at the following address:
Capital cities
13 Rue du Ségala, 81380 Lescure-d'Albigeois
France
phone number: +33 (0)5 63 43 07 92
email address: retractation@kapitales.fr
(3) Exclusion of the right of withdrawal
Pursuant to Article L.221-28 of the Consumer Code, the right of withdrawal does not apply and cannot be exercised:
– for contracts for the supply of goods made to the Customer's specifications or clearly personalized, i.e., contracts for the delivery of goods (e.g., T-shirts) that are not manufactured in advance and whose manufacture required an individual selection or definition of your item (e.g., T-shirts with personalized texts or designs).
- 10
Personal data recorded by the Supplier (data controller) is managed in accordance with Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files, and civil liberties, and with Regulation (EU) 2016/649 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
(1) Type of personal data
The Supplier collects personal information in order to create your Customer account, including: last name, first name, postal address, email address, telephone number, username, and password.
The Supplier also collects information relating to your browsing on the website www.kapitales.fr through cookies.
Some cookies are essential for the use of a website, while others optimize the use of the site and personalize the content displayed.
Consent must be given prior to the insertion or reading of cookies.
The Customer may refuse the installation or storage of cookies by configuring their browser:
Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
Chrome™: https://support.google.com/chrome/answer/95647?hl=fr
Safari™: http://support.apple.com/kb/ht1677?viewlocale=fr_FR
Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
(2) Use of data – Purpose of processing
The Supplier uses the Customer's personal data in accordance with applicable law.
The data is processed for the purposes of managing the Customer's account; in order to process and track orders, delivery, billing, and after-sales service.
The Supplier shall retain the User's data for the period necessary for the purpose of the processing carried out, in accordance with the applicable rules.
Cookies are stored for a maximum period of 13 (thirteen) months.
(3) Customer Rights
In accordance with the Regulations on personal data, the Customer may:
- Access all of your personal data;
- Object to the processing of your data, in particular by withdrawing your consent;
- Request the deletion of your data;
- Correct any inaccurate, incomplete, or outdated information;
- Request a restriction on the processing of your data;
- Request the portability of your data.
The Customer may exercise their rights at any time by sending their request by email to: contact@kapitales.fr or by post to:
Capitals
13 Rue du Ségala, 81380 Lescure-d'Albigeois
France
- 11 Applicable law
(1) These general terms and conditions of sale are subject to French law.
(2) In the event of a dispute, the competent court shall be that of the Supplier's registered office.
(3) The contract shall remain binding even if certain clauses are legally invalid. Where applicable, the invalid clauses shall be replaced by the relevant statutory provisions.
- 12 Mediation (In progress)
All consumers have the right to use a consumer mediator free of charge to seek an amicable resolution to a dispute between themselves and a professional.
In accordance with the provisions of the Consumer Code, the Supplier adheres to the Mediator Service of
End of the general terms and conditions of sale