TERMS AND CONDITIONS OF SALE AND USE

Preamble

These Terms and Conditions of Sale and Use shall apply to any use and any purchase made by any natural person on the website https://www.charlieenparticulier.com/ before CHARLIE EN PARTICULIER PRODUCTION, SASU registered with the Paris Trade and Companies Register (RCS), registration number 917 937 385 and having its registered office 84, rue d’Auteuil 75016 Paris, France – Tel.: +33 6 25 42 74 80 – Email : shop@charlieenparticulier.com

1. Definitions

The words used hereafter have, in these Terms and Conditions, the following meaning :
Benefits : means the benefits offered by Charlie.
Charlie : means the company CHARLIE EN PARTICULIER PRODUCTION as defined in the preamble of these Terms and Conditions.
Client : means any natural or legal person contracting with Charlie.
Client Account : means an account created by a Client on the Website.
Delivery : means the transfer to the Client of physical possession or control of the Product.
Order : means the agreement given by a Client to Charlie, regarding a Product and/or a Service, via the Website.
Parties : means Charlie and/or the Users/Clients.
Price : means the price taxes included (TTC) offered for the Products and Services.
Privacy Policy : means Charlie’s privacy policy, which may be modified periodically and is accessible at the following address : https://www.charlieenparticulier.com/privacy-policy/.
Products : means all the products available on the Website.
Services : means any and all services offered by Charlie to Users.
Terms and Conditions : means these Terms and Conditions of Sale and Use.
User : means any visitor to the Website, professional or individual, buyer or not.
Website : means Charlie’s website accessible at the address https://www.charlieenparticulier.com/ (or any other that would replace it).

2. Object

2.1 The object of these Terms and Conditions is to define the terms and conditions under which Charlie offers the marketing of products ordered by the Client through the Website, as well as to set the rules for the use of the Website by the Users.

2.2 The Terms and Conditions shall be read carefully by the Client. They are systematically accessible on the
Website by the Client/User.

2.3 They are enforceable against Clients and have contractual value upon acceptance by the Client. The acceptance of the Client is materialised by their electronic signature, which is done by clicking “Accept”. It has the value of a handwritten signature between the Parties. Thus, the Client acknowledges that they have read and that they approve of the full Terms and Conditions.

2.4 In any case, the validation of any Order for one or more Products and/or Services by the Client entails their unreserved acceptance and their full prior acceptance of these Terms and Conditions, which shall prevail over any document, except special conditions expressly agreed in writing between the Parties.

2.5 Charlie reserves the right to modify these Terms and Conditions at any time, without notice and partially or wholly, for the needs and according to the evolution of the Products, Benefits and Services.
However, these new Terms and Conditions will only apply to Orders passed after the date of entry into force of these new Terms and Conditions, unless they have been notified to the Client by Charlie and accepted by the Client.
It is the Client’s responsibility to check the latest Terms and Conditions on the Website.

2.6 The Client certifies that they have the capacity to accept the Terms and Conditions and undertakes to respect them.
Thus, the Client must be at least 18 years old and be legally capable or, if they are a minor, be able to prove the agreement of their legal representatives.

2.7 If they accept the Terms and Conditions on behalf of a legal person, the Client certifies that they have the right and the authority to do so.

2.8 The contact information that is relevant for the Client for sales made on the Website, in regards to the identity of Charlie, is as follows : charlie@charlieenparticulier.com

3. Duration

3.1 These Terms and Conditions apply for an indefinite period of time.

3.2 They shall come into force from the date of their acceptance by the Client/User.

3.3 The contract entered into with the User, and therefore the application of these Terms and Conditions, is in force throughout the duration of the visit on the Website and as long as the Services and Benefits are not fully executed.

3.4 The Client undertakes to comply with the Terms and Conditions of Sale and Use of the Website for the entire duration of use of the Website and Services. In case of disagreement with this stipulation, the Client must cease all use of the Website and of the Services.

4. Conditions of access and use of the Website

4.1 Any User can access the Website without having to create an account. By using the features available on the Website, the User acknowledges having read and accepted these Terms and Conditions without reservation.

4.2 If the User disagrees with all or part of the Terms and Conditions, they must not use the Services.

4.3 The User undertakes to use the Website in a normal, fair and non-fraudulent manner, from its first access on.

4.4 The User undertakes, from its first access on, not to use the Website in a way or for a purpose contrary to the laws and regulations in force, and in particular:

– Not to collect or gather, in any way and for any purpose whatsoever, data, whether personal or not;

– Not to interfere with the proper functioning of the use of and access to the Website, and in particular not to attempt to gain illicit access to any computer network linked to the Website in order to do it wrong by any means possible;

4.5 The User undertakes, from the first access to the Website on, not to infringe in any way whatsoever the rights of Users or third parties, and in particular:

– Not to share any information or data obtained thanks to or directly or indirectly through the Website;

– Not to make or utter remarks or share in any way whatsoever content infringing the rights of others or of a defamatory, abusive, obscene, offensive nature, inciting violence or prostitution, of a political nature, racist or xenophobic, violent, pornographic, paedophile and in general any content contrary to the laws and regulations applicable in France;

– Not to make or utter remarks or share in any way whatsoever content that in any way undermines the protection of minors;

4.6 Costs for connecting to the Internet network and accessing the Website are the sole responsibility of the User.

4.7 Charlie reserves the right to control at any time that the Terms and Conditions are respected by the User.
Failure to comply with any of the stipulations of these Terms and Conditions will automatically terminate the authorisation to use the Services offered by Charlie en Particulier.

5. Products and Benefits

5.1 The Client may, prior to their order, take note, directly on the Website, of the characteristics of the Product(s) and Services that they wish to order.

5.2 Products and Services offered for sale are those that are on the Website on the day of its visit by the Client.
In accordance with article L.111-1 of the French Consumer Code, Products are shown to the Client and described as per their essential characteristics.

5.3 For the Benefits offered by Charlie to be delivered, the Client may make an appointment through a contact form as mentioned on the Website.
Details and prices of Benefits delivered by Charlie are shared with the Client following them sending the said form.

5.4 Products and Services shown on the Website are offered within the limits of available stocks. In the event of unavailability of the Products and Services after the order is placed, the Client will be informed as soon as possible. The Client will then be offered a new delivery time, and in the event of refusal by the Client, the order will be cancelled and refunded if it had been paid in full, within 30 days of the payment.

5.5 Charlie shares the essential characteristics of the Products offered for sale for informational purposes only.
The photographs or visuals illustrating the Products on the Website are only advisory and are not binding for Charlie.

5.6 A special Service called “Masterclass Product” in the form of a single-view instructional video is offered for sale by Charlie to the Customer. In this video, Charlie teaches a method, gives advice and gives instructions to the Customer, in order to enable him to carry out the guided Service himself, in particular with products other than those offered on the Site.

The provisions of article 11.1 of these General Terms and Conditions apply in the event of improper use of the Special Service or the hairdressing products, or even if the Customer obtains a result that does not satisfy him or her.

6. Price and price discounts

6.1 Price

6.1.1 All prices shown on the Website are including taxes, denominated in euros and including VAT at the rate in force at the time of the Order or the making of an appointment.

6.1.2 Charlie reserves the right to modify its prices at any time, it being understood, however, that the price shown at the time of the Order will be the only one applicable to the Client, subject to the availability of the desired Products and Services.

6.1.3 Charlie reserves the right to modify its prices at any time, it being understood however that the price indicated at the time of the Order will be the only one applicable to the Customer, subject to the availability of the Products and Services desired and to the provisions of article 8.4.

6.2 Terms of Payment for Products and Benefits

6.2.1 Payment of the price of the ordered Products must be made online from the Website by credit card. Any request for payment by another method of payment may be refused by Charlie en Particulier.

6.2.2 Payment for Services may be made via the Site by credit card, or directly at the salon by credit card or in cash, after booking the Service on the Site. A deposit of 200 (two hundred) euros must be paid for any order placed online, using the same payment methods. The remainder of the amount due may be paid online or directly on site, in accordance with the payment terms set out in the present article (balance at the salon, cash or credit card).

6.2.3 Once the bank details have been filled, the Client shall carefully check the final price given before validating their Order.

6.2.4 The price paid and its details are indicated on the confirmation page of each Order.

6.2.5 After confirmation of their Order, the Client will receive a recap of it by email. The invoice will be available in their Client Space and directly downloadable from the Website.

6.2.6 All communications, orders and invoices are archived by Charlie on a reliable and durable medium so as to constitute a reliable and durable copy within the meaning of Article 1379 of the French Civil Code, which may be produced as proof of these General Terms and Conditions of Sale.

The Customer is also invited to keep a copy of the elements relating to his order and delivery such as a paper or digital support.

6.3 Price discount

6.3.1 When paying the price, the Client may fill in the gift code or discount code in their possession. Any invalid code and any other kind of discount requested by the Client from Charlie may be refused.

6.3.2 Discount codes are subject to any additional terms and conditions communicated at the time of issuance of such code.

6.3.3 These codes can only be used once and are specific to a Client Account.

7. Terms of Order

7.1 Client’s Identification

The Client can learn about the various Products and Services offered for sale by Charlie on the Website and browse the Website freely without being bound by an Order.

For placing an Order, the Client must create a Client Account or log into their Client Account, for which they will have to fill in their title, surname, first name, postal address, email address and password.

The information provided must be complete, accurate and up-to-date, which the Client guarantees. The Client remains solely responsible for the use that may be made of their Client Account, and therefore undertakes to keep their username and password strictly confidential.

7.2 Order

7.2.1 To place an Order, the Client selects the Product(s) and/or Services of their choice and adds them to their cart.

7.2.2 Before validating their Order, the Client checks and modifies their cart if needed by deleting or adding Products and/or Services.

7.2.3 For validating their Order, the Client selects the delivery method as well as the payment method.

7.2.4 The Client then confirms having read and taken note of these Terms and Conditions; without this acceptance no Order will be validly carried out.

7.2.5 Once payment has been confirmed, the Client will receive an Order confirmation email from Charlie indicating the Order number and recap. Following the sending of this said email, the sale will be considered final and the sale contract formed.

7.2.6 Charlie cannot be held responsible in the event of incorrect entry of the Client’s email address and for not receiving the Order confirmation email. In this case, the sale will be deemed final.

7.2.7 Charlie may refuse any Order that is suspicious or from a Client with whom it is already in dispute, in the event of a payment incident, in the event of fraud or attempted fraud, including on the occasion of previous Orders, or in the event of unavailability of the Products and/or Services.

7.2.8 Charlie also reserves the right to examine on a case-by-case basis and to accept or refuse, within 7 days of acceptance of the Order, any Order for which deliveries must take place outside mainland France, in particular with regard to the particular legislation applicable in the country concerned, which the Customer expressly acknowledges and accepts.

7.2.9 In the event of refusal of an Order by Charlie in this context, the Client will be informed as soon as possible and, if necessary, Charlie will refund the price already paid and debited.

7.2.10 For any question relating to the follow-up of an Order, the Client may contact customer service by email at the following address : shop@charlieenparticulier.com

7.3 Payment

7.3.1 The price of the Products and/or Services is payable immediately, in full, on the day of the Order or on the day of the Benefits delivery according to the terms provided for in paragraph 6.2 of these Terms and Conditions.

7.3.2 Charlie reserves the right not to deliver the Products ordered by the Client if the price has not been paid in full beforehand.

7.3.3 The Client guarantees Charlie en Particulier that they have all the required authorisations and full legal capacity to use the chosen payment method.

7.3.4 If the Client decides to cancel their Order because of unavailable Products and/or Services, the refund will be made in accordance with paragraph 5.4 of these Terms and Conditions.

8. Delivery

8.1 Customers are reminded that Orders can be delivered anywhere in the world, except in countries where delivery would be manifestly impossible or dangerous, particularly in view of the particular situation prevailing in the country concerned at the time the Order is placed.

8.2 The delivery of the Products will be made to the address indicated by the Client when placing the Order, which may be different from his billing address.

8.3 The delivery times and methods are those indicated on the Website when placing the Order, before its validation. These delivery times may vary, notably depending on the place of delivery, the delivery method chosen and third parties execution. All delivery dates are estimates only.

Two types of delivery are offered to customers in mainland France: standard delivery (approximately 1 week delivery time) and express delivery (1 to 3 days delivery time).

8.4 Delivery of Products outside France may be subject to taxes and customs duties, which are the sole responsibility of the Customer. Charlie is not obliged to check and inform customers of customs duties and taxes applicable in the country of delivery.

8.5 Unless otherwise stipulated, the delivery time starts from the date of written confirmation of the Order by Charlie. However, if, to fulfil the Order, Charlie needs additional information from the Client, the delivery time starts from the date when Charlie has all the necessary information or resources, but at the earliest on the date of written confirmation of the Order.

8.6 The delivery times announced when placing the Order are to be understood in working days and are subject to validation of the Order.

9. Right and period of withdrawal

9.1 Under Article L.222-7 of the French Consumer Code, the Client benefits from a period of fourteen (14) completed calendar days to exercise their right of withdrawal without having to justify of a valid reason or having to pay penalties, to the exception of the return shipment cost. This period runs from the day of acceptance of these Terms and Conditions.

9.2 However, in accordance with Article L. 222-9, 2° of the French Consumer Code, this right of withdrawal may no longer be exercised in the event that the Services have been fully performed before the end of the withdrawal period and that the execution began after express request of the Client and renunciation of their right of withdrawal.

9.3 In this regard, Charlie will retain all means of proof holding the Client’s express request and its waiver of the right of withdrawal, such as, but not exclusively, logs, telephone recordings, checkboxes, text messages, which establish their consent for such terms on sustainable dematerialised support.

9.4 In addition, under the terms of article 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection.

9.5 The Products shall therefore be returned to Charlie in perfect condition for resale, in their original condition, duly sealed, unused.

9.6 In order to exercise his/her right of withdrawal, the Customer must notify his/her intention to withdraw by sending the duly completed and signed withdrawal form, either by registered post or by recorded delivery so that the dispatch date can be set, to the following address: CHARLIE en Particulier Production, 84, rue d’Auteuil 75016 Paris, France

Sample withdrawal form

À l’attention de CHARLIE EN PARTICULIER, 
Je vous notifie par la présente lettre ma rétractation du contrat portant sur l’achat d’un Produit et/ ou Service/Prestation sur votre site, ci-dessous :
Commande du :
Montant de la commande :
Mon nom et prénom :
Mon adresse mail associée :
Mon adresse :
Ma signature :
Date :

9.7 In the event of withdrawal by the Customer, Charlie will reimburse the amount of the Order within a reasonable period of time and no later than fourteen (14) calendar days from the date Charlie is informed of the Customer’s decision to withdraw.

9.8 Charlie may defer reimbursement until the Customer has provided proof of shipment of the Products, the date being the earliest of these events.

9.9 Charlie will only be obliged to reimburse the amount of the Products ordered, including VAT, and will not reimburse delivery or return costs, which remain the sole responsibility of the Customer.

9.10 Services purchased on the Site may be cancelled up to 48 hours before the agreed appointment time. No refunds will be made for cancellations made less than this time or for appointments not kept.

9.11 Charlie will refund using the same method of payment used by the Customer for the original transaction, unless Charlie and the Customer expressly agree otherwise.

9.12 No refunds will be made for personalized services or masterclasses.

10. Retention of Ownership

Ownership of the Products will pass on to the Client after full payment to Charlie of the sums due in respect of the Products, including the purchase price, extras, interests, taxes and fees due under these Terms and Conditions.

11. Responsibility

11.1 Offered Services

11.1.1 The Products offered by Charlie comply with the French legislation in force.

11.1.2 Charlie cannot be held liable in the event of non-performance or poor performance of contractual obligations attributable to the Client, in particular when filling in their Order.

11.1.3 Furthermore, Charlie cannot be held liable for the Products being used in a way that does not comply with their intended purpose.

11.1.4 Charlie shall not be liable, or deemed to have breached these Terms and Conditions, for any delay or nonperformance, where the cause of the delay or non-performance is related to Force Majeure as defined in paragraph 15 hereafter.

11.2 Content of the Website

Charlie can in no way be held liable to a User or a Client for the accuracy, completeness or timeliness of the information contained on the Website or its adequacy with their needs.

11.3 Security and malfunction of the Website

11.3.1 Charlie implements a set of protocols and security measures in connection with the use of the Website.

However, the User acknowledges that the characteristics and constraints of the Internet do not guarantee absolute security on the Internet.

11.3.2 In any case, Charlie cannot be held responsible for any malfunction, inability to access or poor conditions of use of the Website and its Services attributable to unsuitable equipment, internal malfunctions of the User’s access provider, congestion of the Internet network, disturbances due to telephone operators, and for any other reasons external to Charlie, having the character of a case of force majeure within the meaning of the article 1218 of the Civil Code.

11.3.3 Charlie guarantees neither the continuous availability of the Website, nor its functioning without temporary interruption, suspension or error. Charlie reserves the right to suspend the operation of the Website.

11.4 Third party websites

11.4.1 Charlie is solely responsible for the hypertext links it creates within the Website and has no control over third-party websites and external sources (third-party mobile websites or applications, social networks, etc.) to which the hypertexts links accessible on the Website redirect.

11.4.2 Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is given as to their content.

11.4.3 Thus, Charlie is not responsible for the commercial practices offered on other websites or for companies to which the Clients may have access from Charlie’s Website via hypertext links, logos, buttons, etc. located on the Website.

11.4.4 It is reminded that the visit and use of third-party websites are governed by the Conditions of Use of the said websites, and that they are carried out under the full responsibility of the User.

12. Guarantees

12.1 The Client, if they are a consumer within the meaning of the French Consumer Code, may exercise the conformity guarantee provided for in articles L.217-1 and following of the French Consumer Code for a period of two years starting from the Product’s delivery. The Client is then exempted from providing proof of the existence of the lack of conformity of the goods for twenty-four (24) months following the delivery of the goods.

12.2 Charlie may be liable for damages if direct and certain damage to the Client results from the failure to deliver on the agreed date.

12.3 All warranty claims should be made directly to Charlie, proof of purchase being required.

12.4 The Client may also assert the guarantee against hidden defects of the Products within the meaning of article 1641 and following of the Civil Code. If they so wish, the Client has a period of two (2) years from the discovery of the defect to take action against Charlie.
In such a case, the Client can choose between the resolution of these Terms and Conditions or a price discount in accordance with article 1644 of the Civil Code.

12.5 Charlie can also be held responsible to the Client as part of the liability for defective products provided for under articles 1386 and following of the Civil Code. Charlie is notably responsible if the Products sold do not work or have defects.

12.6 The defective Product must be returned in its original packaging, including the full Product and its accessories. Any Product that is incomplete, deteriorated, damaged and/or whose original packaging has been damaged, will not be exchanged under the warranty.

13. Intellectual Property

13.1 The Website and its content, in particular images, photographs, texts, brands, logos, are protected by intellectual property law. The Website and each element that composes it are the property of Charlie who owns the rights alone.

13.2 Any reproduction, modification or copy, even partial, of any documents published on the Website is prohibited and is subject to an authorisation request.

13.3 The use of the Website is only authorized for informational and private use.

13.4 The authorised reproduction of the elements on which Charlie has intellectual property rights must clearly indicate the source and the name of the author of the content reproduced.

13.5 Charlie reserves the right to exercise civil and criminal legal proceedings, in France and abroad, in particular for infringement, against any person who, directly or indirectly, has infringed its rights.

14. Personal data

14.1 Charlie will process the Client’s personal data in accordance with its Privacy Policy accessible at https://www.charlieenparticulier.com/en/privacy-policy/.

14.2 When using the Website, and uploading or purchasing a Product and a Service, the User may be required to provide personal information.

14.3 Charlie expressly undertakes to respect the regulations in force applicable to the processing of personal data and in particular the French Law no. 78-17 of the 6th January, 1978 as modified (hereinafter “the Data Protection Act”) and the Regulation (EU) 2016/679 of the European Parliament and of the Council of the 27th April, 2016 with effect from the 25th May, 2018 (hereinafter “GDPR”).

14.4 The free, clear and unequivocal consent to the processing of the Client’s Personal Data is materialised by their acceptance of these Terms and Conditions according to the terms set out in Article 2 hereof.

14.5 Collected data

14.5.1 Charlie collects personal data when the Client (i) places an order for one or more Product(s) and/or Service(s) (ii) makes a support request (iii) browses the Website and (iv ) leaves a comment.

14.5.2 Charlie only collects the information strictly necessary for the performance of its Services and the continuous improvement of the User’s experience.

14.5.3 The personal data collected on this Website is as follows:

– Opening of a Client Account: when creating the User’s account, their surname, first name, e-mail address, telephone number, postal address;

– Logging in: when the User logs into the Website, the latter notably records their surname, first name, connection data, use, location and payment data;

– Payment: as part of the payment of the Products and Services offered by Charlie en Particulier on the Website, the latter records financial data relating to the User’s bank account;

– Communication: when the Website is used to communicate with other members, the data relating to the User’s communications are temporarily stored;

– In addition, when the User leaves a comment, the data relating to the User’s opinions are subject to temporary storage;

– Cookies: cookies are used as part of the use of the Website. The User has the option of deactivating cookies from their browser settings.

14.6 Use of Personal Data

14.6.1 Charlie uses Users’ personal data for the following purposes :

14.6.2 Data is retained to meet Client needs or to fulfil legal obligations.

14.7 Security and privacy

14.7.1 The Website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.

However, the Client is informed and accepts that the internet is not a completely secure environment and that the Website cannot guarantee the security of the transmission or storage of information on the internet.

14.7.2 The Website implements a secure system guaranteeing the integrity of the  digital data contained therein.

14.7.3 The User of the Website undertakes not to engage in any activity and/or behaviour likely to disrupt or which attempts to disrupt the proper functioning of the said website and/or its activity.

14.7.4 Any violation of this provision is likely to trigger the User’s liability for any damage caused to the activity of the Website.

14.8 H ypertext links

14.8.1 The Website may contain links to websites which are not controlled by Charlie. The links appearing on the Website are offered as services by Charlie and the decision to activate them belongs exclusively to the User.

14.8.2 Charlie shall in no way be responsible for the content of the websites to which the User accesses through the Website.

14.8.3 Charlie cannot be held liable for any direct or indirect, material or immaterial damage resulting from the use of the third party website to which the User may have accessed through the Website, errors, lack of availability of information or the presence of a virus on said third party website.

14.9 Internet use rule

The User declares to accept the characteristics and limits of the Internet, and in particular acknowledges that :

– Charlie assumes no responsibility for the services accessible via the Internet and has no control whatsoever over the nature and characteristics of the data that may be transmitted;

– Data circulating on the Internet may be regulated in terms of use or be protected by a right of ownership, which does not prevent their possible misuse;

– The User is responsible for the use of the data that they consult, question and transfer on the Internet;

– Charlie has no way of controlling the content of services accessible on the internet.

14.10 Implementing the rights of the Users

14.10.1 In application of the regulations applicable to personal data, Users have the rights mentioned below, which they can exercise by sending a request to the following address : shop@charlieenparticulier.com.

14.10.2 Charlie informs the User that they have rights and in particular a right of information, a right of opposition, access and rectification of their collected data.

14.10.3 In case the User were not satisfied with Charlie’s responses to their complaints or consider that the processing of personal data infringes the law, they can contact the Commission Nationale de l’Information et des Libertés (CNIL ), 3 place de Fontenay – TSA 80715 – 75334 PARIS CEDEX, FRANCE, Tel. : +33(0)1.53.73.22.22, website: www.cil.fr.

14.11 Modification of this clause

14.11.1 The Website reserves the right to make any modification to this clause relating to the protection of personal data at any time and unilaterally.

14.11.2 If a modification is made to this personal data protection clause, Charlie undertakes to publish the new version on its Website.

14.11.3 Charlie will also inform Users of the modification by email when they have a Client Account, within a minimum period of 15 days before the effective date.

14.11.4 If the User does not agree with the terms of the new wording of the said clause, they have the option of deleting their Client Account.

15. Force majeure

15.1 The responsibility of each of the Parties cannot be engaged or sought in the event that the performance of one of their obligations is prevented or delayed due to a case of force majeure, as assessed by case law and defined by article 1218 of the Civil Code.

15.2 Cases of force majeure are those usually retained by case law, namely: events of an irresistible and unpredictable nature, beyond the control of the Parties, against which the latter could not reasonably protect themselves and from which they could only have mitigated the consequences by incurring expenses out of proportion with the hopes of financial fallout.

15.3 Are considered as such, in particular, without this list being exhaustive, total or partial strikes, internal to the Parties, total or partial strikes external to the Parties if they have the effect of blocking the activity of the Party which suffers them, the blocking of means of transportation, the interruption, suspension, reduction or disruption of electricity or other, or any interruption of electronic communications networks or in case of events beyond its control, if they have the effect to prevent or alter the performance of the obligations imposed on a Party under the terms of these Terms and Conditions.

15.4 The Parties acknowledge that cases of force majeure justify the suspension of the obligations of the Parties.
Consequently, none of the Parties may be held liable for the non-performance, breaches or delays in the performance of any of their obligations which would be due to the occurrence of a case of force majeure.

15.5 The Parties will come together to consider the impact of the event and agree on the conditions under which the performance of the Contract will be continued. If the case of force majeure lasts longer than three (3) months, these Terms and Conditions may be terminated by the prejudiced party.

15.6 Furthermore, in the event of force majeure on the part of Charlie, the Client is not entitled to any damages or compensation, even if Charlie notably benefits from an advantage as a result of this force majeure.

16. Client Support

Any request made by the Client to Charlie en Particulier, whatever its form and object, must be sent to the following contact details : 84, rue d’Auteuil 75016 Paris, France – Tél : +33 6 25 42 74 80 – Email : shop@charlieenparticulier.com

17. Partial Nullity

17.1 If one or more stipulations of these Terms and Conditions would, for any reason whatsoever, be declared void in whole or in part under the application of a law, a regulation or following a court decision covering the authority of res judicata, the other stipulations would remain in force.

17.2 If necessary, Charlie and the Client undertake to negotiate in good faith the provisions necessary to replace the stipulations which may have been the subject of cancellation or invalidation for any reason whatsoever.

18. Non-Renunciation

18.1 The fact, for one of the Parties, not to avail themselves of a breach by the other Party of any of the obligations referred to in these Terms and Conditions, cannot be interpreted as a waiver of the obligation in question for the future.

18.2 The fact that Charlie does not assert a right or a provision of the Terms and Conditions cannot be interpreted as a waiver of its right to assert it later.

18.3 The fact for a Party to tolerate non-performance or imperfect performance of any contractual obligation or more generally to tolerate any act, abstention or omission by the other Party that does not comply with the contractual provisions shall not confer any right whatsoever on the Party that benefits from such tolerance.

19. Conservation

If and to the extent that any provision of these Terms and Conditions is unenforceable because of a mandatory rule of law, of the unfairness of these Terms and Conditions or of reasonable and fair grounds, the relevant provision, with respect to its content and its essence, shall in any event have a corresponding meaning, insofar as the relevant provision can actually be relied upon.

20. Titles

The titles and subtitles in these Terms and Conditions are included for convenience only. By express agreement between the Parties, these titles and subtitles may, under no circumstances, be used to interpret any provision whatsoever of these Terms and Conditions. In case of contradiction between any of the article titles and any of the stipulations, the titles will be declared non-existent.

21. Applicable Law and competent jurisdiction

21.1 These Terms and Conditions are originally written in the French language and the Contract is governed by French law and will be interpreted in accordance with it.

21.2 The Client agrees that any dispute arising out of or in connection with the contract, unless in case of contrary regulation, will be governed by French law and settled exclusively by the courts of Paris.